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 . The United States subsequently entered into similar agreements with three other nations to protect migratory birds. The statute makes it unlawful to pursue, hunt, take, capture, kill or sell birds listed therein . 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.
Encyclopedia
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 . The United States subsequently entered into similar agreements with three other nations to protect migratory birds. The statute makes it unlawful to pursue, hunt, take, capture, kill or sell birds listed therein . 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 . Note that § 709 is omitted, but § 709a
Authorization of appropriations is included and active, making eleven listed sections .
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 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 and the Weeks-McLean Law .
Since 1918, similar conventions between the United States and
Mexico ,
Japan and the Union of Soviet Socialists Republics 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.
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 from such property. However, in extreme circumstances, a federal permit might be obtained for the relocation of listed species . 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 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:
...
,
Chordeiles minor ...
,
Picoides pubescens ...
,
Melospiza georgianaSee 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
- Endangered Species Act
- Environmental agreement
- Ramsar Convention
External links
