MIGRATORY BIRD TREATY ACT OF 1918

Under United States Code Title 16, Chapter 7, Subchapter II, the 'Migratory Bird Treaty Act of 1918' is the United States legislation implementing the convention between the U.S. and Great Britain (for Canada). The United States subsequently entered into similar agreements with four other nations (Canada, Mexico, Japan and Russia) to protect migratory birds. The statute makes it unlawful to pursue, hunt, take, capture, kill or sell birds listed therein ("migratory birds"). The statute does not discriminate between live or dead birds and also grants full protection to any bird parts including feathers, eggs and nests. Over 800 species are currently on the list.
The statute is broken down into ten sections, 703 through 712 (16 USC 703 through 712). Note that § 709 is omitted, but § 709a ''Authorization of appropriations'' is included and active, making eleven listed sections (including § 709 ''Omitted'').

Contents

Sections

History

Recent Revisions

Impact on Private Property Owners

Partial Listing of Covered Species

See also

External links

Sections

§ 703	Taking, killing, or possessing migratory birds unlawful
§ 704	Determination as to when and how migratory birds may be taken, killed, or possessed
§ 705	Transportation or importation of migratory birds; when unlawful
§ 706	Arrests; search warrants
§ 707	Violations and penalties; forfeitures
§ 708	State or Territorial laws or regulations
§ 709	Omitted
§ 709a	Authorization of appropriations
§ 710	Partial invalidity; short title
§ 711	Breeding and sale for food supply
§ 712	Treaty and convention implementing regulations; seasonal taking of migratory birds for essential needs of indigenous Alaskans to preserve and maintain stocks of the birds; protection and conservation of the birds

History

The 'Migratory Bird Treaty Act of 1918' (aka MBTA) was first enacted to implement the 1916 convention between the United States and Great Britain for the protection of birds migrating between the U.S. and Canada. This offered much-needed protection to many bird species during a time when commercial trade in birds and their feathers was popular. Prior law in the U.S. that covered these areas include the Lacey Act (1900) and the Weeks-McLean Law (1913).
Since 1918, similar conventions between the United States and Mexico (1936), Japan (1972) and the Union of Soviet Socialists Republics (1976, now Russia) have been incorporated into the MBTA. Some of these conventions stipulate protections not only for the birds themselves, but also for habitats and environs necessary for the birds' survival.

Recent Revisions

In the 24 August 2006 edition of the Federal Register, the U.S. Department of the Interior's Fish and Wildlife Service proposed adding 152 species, removing 12 species, and correcting/updating the common or scientific names of numerous others. [1] Reasons for the proposed revisions include birds mistakenly omitted previously, new evidence on geographic distribution, taxonomic changes, etc. In addition the mute swan (Cygnus olor), which was afforded temporary protection due to court order since 2001, is formally excluded from protection in the proposal due to "nonnative and human introduced" status. The previous update to the list occurred on 5 April 1985.

Impact on Private Property Owners

Migratory birds may seek respite within trees or on buildings considered private property. The 'Migratory Bird Treaty Act of 1918' prohibits the removal of all listed species or their parts (feathers, eggs, nests, etc.) from such property. However, in extreme circumstances, a federal permit might be obtained for the relocation of listed species (in some states a state permit is required ''in addition'' to a federal permit). Pursuant to the spirit of the treaty, it is not trivial to obtain a permit; the applicant must meet a certain criteria as outlined in Title 50, Code of Federal Regulations, 21.27, Special Purpose Permits.
The permit applicant is generally a contractor who specializes in wildlife relocation. When hiring a contractor to trap and relocate any animal from one's property, the private property owner is well advised to attain proof of such permits before any trapping activity begins, as trapping without the necessary paperwork is common in the United States.
Most wildlife management professionals consider relocation actions undue harm to the birds, particularly since relocated birds (being migratory) often return to the same property the next year. In the case of trapping and relocation, ''harm'' is brought on by or can result in:

★ ''Breaking'', a term describing increased susceptibility to disease brought on by the stress of capture and relocation

★ Difficulty in establishing territory at the new location

★ Separation of family members and the stunting of juveniles' natural progression into adulthood

Partial Listing of Covered Species

The following is a sampling of some of the more commonly known birds of the over 800 species covered under the treaty:

★ Bald Eagle, ''Haliaeetus leucocephalus''

★ Black-capped Chickadee, ''Parus atricapillus''

★ American Black Vulture, ''Coragyps atratus''

★ Northern Cardinal, ''Cardinalis cardinalis''

★ Cedar Waxwing, ''Bombycilla cedrorum''

★ Cliff Swallow, ''Hirundo pyrrhonota''

★ Barn Owl, ''Tyto alba''

★ Common Nighthawk, ''Chordeiles minor''

★ Downy Woodpecker, ''Picoides pubescens''

★ Gray Catbird, ''Dumetella carolinensis''

★ Northern Mockingbird, ''Mimus polyglottos''

★ Mourning Dove, ''Zenaida macroura''

★ Red-tailed Hawk, ''Buteo jamaicensis''

★ Red-winged Blackbird, ''Agelaius phoeniceus''

★ Swamp Sparrow, ''Melospiza georgiana''

★ Turkey Vulture, ''Cathartes aura''

See also

★ Agreed Measures for the Conservation of Antarctic Fauna and Flora

★ Convention on Biological Diversity

★ Convention on the International Trade in Endangered Species of Wild Flora and Fauna (CITES)

★ Endangered Species Act

★ Environmental agreement

★ Ramsar Convention

★ sinkbox

External links

★ Migratory Bird Treaty on Cornell's U.S. Code Collection

★ List of bird species covered under the Migratory Bird Treaty

★ U.S. Fish and Wildlife Service's guide to U.S. laws protecting migratory birds (including the Migratory Bird Treaty)