Migratory Bird Treaty Act of 1918 Totally Explained

Everything about Migratory Bird Treaty totally explained

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 doesn't 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

§ 703	Taking, killing, or possessing migratory birds unlawfully
§ 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. (External Link

) 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 isn't 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

American Crow, Corvus Brachyrhynchos

Common Raven, Corvus CoraxFurther Information

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