Migratory bird treaty.html



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).

Sections

History

See also: Timeline of environmental events

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.

An exception to certain provisions of the MBTA regarding the use and possession of feathers and parts of birds of prey is provided for by the eagle feather law (50 CFR 22.22). This federal statute permits Native American enrolled members of federally recognized tribes to obtain and use feathers and parts from birds of prey such as the golden eagle and bald eagle.

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

American Black Vulture Coragyps atratus, one of the species covered under the treaty.

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
• American Crow, Corvus Brachyrhynchos
• Common Raven, Corvus Corax

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)