Migratory Bird Treaty
Encyclopedia
The Migratory Bird Treaty or Convention is a environmental treaty between Canada
and the United States
. It was originally signed on by the U.S. and the United Kingdom
(representing Canada), entered into force in on , and has since been amended several times.
The Migratory Birds Convention Act
(also MBCA) is a Canadian
law established in 1917 and significantly updated in June 1994 which contains regulations to protect migratory birds
, their eggs, and their nests from hunting
, trafficking
and commercialization. A permit is required to engage in any of these activities. One major outcome of the act was the creation of Federal Migratory Bird Sanctuaries (MBSs).
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). It replaced the Weeks-McLean Act
, which had become effective in 1913. 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).
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. It was originally signed on by the U.S. and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
(representing Canada), entered into force in on , and has since been amended several times.
Implementation
This treaty led to important environmental legislation being passed in each of the two countries in order to implement the terms of the treaty.Implementation in Canada
Migratory Birds Convention Act
The Migratory Birds Convention Act is a Canadian law established in 1917 and significantly updated in June 1994 which contains regulations to protect migratory birds, their eggs, and their nests from hunting, trafficking and commercialization...
(also MBCA) is a Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
law established in 1917 and significantly updated in June 1994 which contains regulations to protect migratory birds
Bird migration
Bird migration is the regular seasonal journey undertaken by many species of birds. Bird movements include those made in response to changes in food availability, habitat or weather. Sometimes, journeys are not termed "true migration" because they are irregular or in only one direction...
, their eggs, and their nests from hunting
Hunting
Hunting is the practice of pursuing any living thing, usually wildlife, for food, recreation, or trade. In present-day use, the term refers to lawful hunting, as distinguished from poaching, which is the killing, trapping or capture of the hunted species contrary to applicable law...
, trafficking
Smuggling
Smuggling is the clandestine transportation of goods or persons, such as out of a building, into a prison, or across an international border, in violation of applicable laws or other regulations.There are various motivations to smuggle...
and commercialization. A permit is required to engage in any of these activities. One major outcome of the act was the creation of Federal Migratory Bird Sanctuaries (MBSs).
Implementation in the United States
Under United States CodeUnited States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
Title 16, Chapter 7, Subchapter II, the Migratory Bird Treaty Act of 1918
Migratory Bird Treaty Act of 1918
The Migratory Bird Treaty Act of 1918 , codified at , is a United States federal law, at first enacted in 1916 in order to implement the convention for the protection of migratory birds between the United States and Great Britain...
is the United States legislation implementing the convention between the U.S. and Great Britain (for Canada). It replaced the Weeks-McLean Act
Weeks-McLean Act
The Weeks-McLean Act was a law of the United States sponsored by Representative John W. Weeks of Massachusetts and Senator George P. McLean of Connecticut that prohibited the spring hunting and marketing of migratory birds and the importation of wild bird feathers for women's fashion, ending what...
, which had become effective in 1913. The United States subsequently entered into similar agreements with four other nations (Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
and Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
) 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).