Migratory Bird Treaty Act of 1918
Encyclopedia
The Migratory Bird Treaty Act of 1918 (MBTA), codified
at (although §709 is omitted), 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
(acting on behalf of Canada
). 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.
Narrow exceptions to the act, known as the eagle feather law
, are enacted in federal regulations , which regulates the taking, possession, and transportation of bald eagle
s, golden eagle
s, and their "parts, nests, and eggs" for "scientific, educational, and depredation control purposes; for the religious purposes of American Indian
tribes; and to protect other interests in a particular locality." Enrolled members of federally recognized tribes may apply for an eagle permit for use in "bona fide
tribal religious ceremonies."
The Act was enacted in an era when many bird species were threatened by the commercial trade in birds and bird feather
s. The Act was one of the first federal environmental laws (the Lacey Act
had been enacted in 1900). The Act replaced the earlier Weeks-McLean Act
(1913). Since 1918, similar conventions between the United States and four other nations have been made and incorporated into the MBTA: Mexico
(1936), Japan
(1972) and the Soviet Union
(1976, now its successor state Russia
). Some of these conventions stipulate protections not only for the birds themselves, but also for habitats and environs necessary for the birds' survival.
underscoring the right and responsibility of the Federal government for environmental protection and conservation. In a friend of the court brief in Missouri v. Holland
on behalf of the Association for the Protection of the Adirondacks, Marshall successfully persuaded the Court to uphold the Migratory Bird Treaty Act of 1918, between the United States and Canada. As characterized by Adler, Marshall argued that "the United States did have the power to create such legislation; that Congress was well within its rights; and that the Act was constitutional"; and further that, "If Congress possessed plenary powers to legislate for the protection of the public domain, then it had to take into account all possibility for such protection", including protection of migratory birds, "these natural guardians" against "hostile insects, which, if not held in check ... would result in the inevitable destruction" of "both prairie and forest lands". According to Handlin, Marshall's intervention "was a major factor in the decision."
, 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. http://www.fws.gov/migratorybirds/fedreg/regs07/Part%2010%20list%20-%20proposed.pdf 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.
On January 9, 2001 the US Supreme Court, in a split vote of 5 to 4, (Solid Waste Agency, of Skokie, Illinois
vs US Army Corps of Engineers) threw out what has been dubbed the Migratory bird rule
A case that pitted a consortium of towns around Chicago over isolated wetlands, inhabited or visited by over 100 migratory bird species, against the US Army Corps of Engineers. In this case, Skokie, Ill. wanted abandoned quarries filled with water, but not connected to another or navigable body of water to serve as a site for a solid waste facility. For the previous 15 years lower courts had sustained the law in favor of migratory birds, siding with the Army Corps.
At least one state reacted to the new Supreme court ruling by restoring isolated wetlands protection: 2001 Wisconsin Act 6, is the first of its kind nationwide to restore wetlands regulation to the state after federal authority had been revoked. It restores protection to over one million acres (4,000 km²) of isolated wetlands in Wisconsin. On May 7, 2001, Wisconsin Governor Scott McCallum
signed a bill protecting wetlands by placing Wisconsin wetlands regulation under the jurisdiction of the Wisconsin Department of Natural Resources. Bipartisan state legislators fully supported the bill and felt it was necessary after the Supreme Court ruled that the federal clean water act didn't give the Corps authority over decisions involving isolated wetlands.
. 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:
The Migratory Bird Treaty Act, which implements the conventions, grants the Secretary of the Interior the authority to establish hunting seasons for any of the migratory game bird species listed below. In actuality, the Fish and Wildlife Service has determined that hunting is appropriate only for those species for which there is a long tradition of hunting, and for which hunting is consistent with their population status and their long-term conservation. It is inconceivable, for example, that we will ever see legalized hunting of plovers, curlews, or the many other species of shorebirds whose populations were devastated by market gunners in the last decades of the 19th century.
Although the Migratory Bird Treaty Act considers some 170 species to be "game birds," less than 60 species are typically hunted each year. The Fish and Wildlife Service publishes migratory game bird regulations in the Federal Register. Those species for which hunting regulations have been established at some point during the past 10 years are designated with an asterisk (*) in the following list. However, such a designation does not necessarily indicate that a given species can be taken legally in your State or locality. For regulations specific to your locality, you should consult with your State's natural resource agency.
Source: The list of hunted species was taken primarily from Appendix 2 of the Final Supplemental Environmental Impact Statement: Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88), U.S. Fish and Wildlife Service
the MBTA is relatively unknown to the general public and causes little controversy. To date, there have been no serious attempts to have species stripped from the treaty.
One issue involves a small uninhabited island in the Pacific Ocean known as Farallon de Medinilla
located 150 miles (241.4 km) north of Guam
. The target range there is the United States Pacific Fleet
’s only U.S.-controlled range available, and conveniently accessible from bases in Guam, for live-fire training. In addition, the air and sea space in the Farallon de Medinilla area provides sufficient room for the many different attack profiles which need to be rehearsed. During the peak of Vietnam War operations, ordnance delivered on the island was estimated at 22 tons per month, but is considerably less now.
The Navy has far more mitigation procedures to prevent environmental damage in the present day than they did in the 1960s. In compliance with the National Environmental Policy Act
of 1969 they prepared an Environmental Impact Statement. However, the Navy could not guarantee that no bird protected by the MBTA would be killed, despite the precautions. The Fish and Wildlife Service could not grant a permit without such a guarantee, and no permit has been issued. The Navy argued that it had done its best to comply with environmental laws, and should be permitted to operate under the Impact Statement prepared for NEPA. Vice Speaker Joseph P. DeLeon Guerrero, R-Saipan, noted that the U.S. military “is thorough and meticulous in monitoring the impact of the bombing [drills]” on Farallon de Medinilla.
Earthjustice
sued for a temporary restraining order of tests because the navy did not comply with the MBTA, although they did comply with the other environmental laws. As a result a law was introduced by congress (H.R. 4546) to amend the Migratory Bird Treaty Act of 1918 to make it lawful for the Department of Defense
to "take" (kill) migratory birds during a "military readiness activity". (Readiness activities are defined as all training activities and military operations related to combat and the testing of equipment for combat use.) The record in congress noted that "A recent federal court ruling indicated that the Navy had violated the Migratory Bird Treaty Act by incidentally taking migratory birds without a permit during training exercises near Guam. The House report indicates that the exemption provision is intended to address the lack of permit authorization for incidental takings, so that essential training exercises may proceed. It appears that the language used in the bill would not authorize the issuance of permits, but more broadly would state that the part of the Migratory Bird Treaty Act that articulates unlawful behavior does not apply to a military readiness activity.
Codification
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex of law.-History:...
at (although §709 is omitted), 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
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
(acting on behalf of 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...
). 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.
Narrow exceptions to the act, known as the eagle feather law
Eagle feather law
The eagle feather law provides many exceptions to federal wildlife laws regarding eagles and other migratory birds to enable Native Americans to continue their traditional practices....
, are enacted in federal regulations , which regulates the taking, possession, and transportation of bald eagle
Bald Eagle
The Bald Eagle is a bird of prey found in North America. It is the national bird and symbol of the United States of America. This sea eagle has two known sub-species and forms a species pair with the White-tailed Eagle...
s, golden eagle
Golden Eagle
The Golden Eagle is one of the best known birds of prey in the Northern Hemisphere. Like all eagles, it belongs to the family Accipitridae. Once widespread across the Holarctic, it has disappeared from many of the more heavily populated areas...
s, and their "parts, nests, and eggs" for "scientific, educational, and depredation control purposes; for the religious purposes of American Indian
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
tribes; and to protect other interests in a particular locality." Enrolled members of federally recognized tribes may apply for an eagle permit for use in "bona fide
Bona Fide
Bona Fide is a studio album from rock band Wishbone Ash. It is the first studio album in six years and is the only studio album to feature guitarist Ben Granfelt...
tribal religious ceremonies."
The Act was enacted in an era when many bird species were threatened by the commercial trade in birds and bird feather
Feather
Feathers are one of the epidermal growths that form the distinctive outer covering, or plumage, on birds and some non-avian theropod dinosaurs. They are considered the most complex integumentary structures found in vertebrates, and indeed a premier example of a complex evolutionary novelty. They...
s. The Act was one of the first federal environmental laws (the Lacey Act
Lacey Act
The Lacey Act of 1900, or more commonly The Lacey Act is a conservation law introduced by Iowa Rep. John F. Lacey. Protecting both plants and wildlife by creating civil and criminal penalties for a wide array of violations, the Act most notably prohibits trade in wildlife, fish, and plants that...
had been enacted in 1900). The Act replaced the earlier 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...
(1913). Since 1918, similar conventions between the United States and four other nations have been made and incorporated into the MBTA: 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...
(1936), 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...
(1972) and the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
(1976, now its successor state 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...
). Some of these conventions stipulate protections not only for the birds themselves, but also for habitats and environs necessary for the birds' survival.
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: ArrestArrestAn arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
s; search warrantSearch warrantA search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
s - § 707: Violations and penalties; forfeituresForfeiture (law)Forfeiture is deprivation or destruction of a right in consequence of the non-performance of some obligation or condition. It can be accidental, and therefore is distinguished from waiver; see waiver and forfeiture....
- § 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 AlaskansAlaska NativesAlaska Natives are the indigenous peoples of Alaska. They include: Aleut, Inuit, Tlingit, Haida, Tsimshian, Eyak, and a number of Northern Athabaskan cultures.-History:In 1912 the Alaska Native Brotherhood was founded...
to preserve and maintain stocks of the birds; protection and conservation of the birds
History
Louis Marshall had a key influence as an intervenor on a landmark case before the Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
underscoring the right and responsibility of the Federal government for environmental protection and conservation. In a friend of the court brief in Missouri v. Holland
Missouri v. Holland
Missouri v. Holland, 252 U.S. 416 , the United States Supreme Court held that protection of its quasi-sovereign right to regulate the taking of game is a sufficient jurisdictional basis, apart from any pecuniary interest, for a bill by a State to enjoin enforcement of federal regulations over the...
on behalf of the Association for the Protection of the Adirondacks, Marshall successfully persuaded the Court to uphold the Migratory Bird Treaty Act of 1918, between the United States and Canada. As characterized by Adler, Marshall argued that "the United States did have the power to create such legislation; that Congress was well within its rights; and that the Act was constitutional"; and further that, "If Congress possessed plenary powers to legislate for the protection of the public domain, then it had to take into account all possibility for such protection", including protection of migratory birds, "these natural guardians" against "hostile insects, which, if not held in check ... would result in the inevitable destruction" of "both prairie and forest lands". According to Handlin, Marshall's intervention "was a major factor in the decision."
Recent Revisions
In the 24 August 2006 edition of the Federal RegisterFederal Register
The Federal Register , abbreviated FR, or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains most routine publications and public notices of government agencies...
, 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. http://www.fws.gov/migratorybirds/fedreg/regs07/Part%2010%20list%20-%20proposed.pdf 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.
On January 9, 2001 the US Supreme Court, in a split vote of 5 to 4, (Solid Waste Agency, of Skokie, Illinois
Skokie, Illinois
Skokie is a village in Cook County, Illinois, United States. Its name comes from a Native American word for "fire". A Chicago suburb, for many years Skokie promoted itself as "The World's Largest Village". Its population, per the 2000 census, was 63,348...
vs US Army Corps of Engineers) threw out what has been dubbed the Migratory bird rule
Migratory bird rule
The migratory bird rule, adopted by the United States Army Corps of Engineers and the Environmental Protection Agency asserted that the Clean Water Act covers regulation of isolated waters "which are or would be used as habitat by.....
A case that pitted a consortium of towns around Chicago over isolated wetlands, inhabited or visited by over 100 migratory bird species, against the US Army Corps of Engineers. In this case, Skokie, Ill. wanted abandoned quarries filled with water, but not connected to another or navigable body of water to serve as a site for a solid waste facility. For the previous 15 years lower courts had sustained the law in favor of migratory birds, siding with the Army Corps.
At least one state reacted to the new Supreme court ruling by restoring isolated wetlands protection: 2001 Wisconsin Act 6, is the first of its kind nationwide to restore wetlands regulation to the state after federal authority had been revoked. It restores protection to over one million acres (4,000 km²) of isolated wetlands in Wisconsin. On May 7, 2001, Wisconsin Governor Scott McCallum
Scott McCallum
Scott McCallum is a member of the Republican Party who served as the 43rd Governor of Wisconsin, from 2001 to 2003. Prior to assuming the role of governor upon the appointment of Tommy Thompson as Secretary of Health and Human Services, McCallum served as a member of the Wisconsin State Senate and...
signed a bill protecting wetlands by placing Wisconsin wetlands regulation under the jurisdiction of the Wisconsin Department of Natural Resources. Bipartisan state legislators fully supported the bill and felt it was necessary after the Supreme Court ruled that the federal clean water act didn't give the Corps authority over decisions involving isolated wetlands.
Impact on Private Property Owners
Migratory birds may seek respite within trees or on buildings considered private propertyProperty law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable 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
Code of Federal Regulations
The Code of Federal Regulations is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the Federal Government of the United States.The CFR is published by the Office of the Federal Register, an agency...
, 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 EagleBald EagleThe Bald Eagle is a bird of prey found in North America. It is the national bird and symbol of the United States of America. This sea eagle has two known sub-species and forms a species pair with the White-tailed Eagle...
, Haliaeetus leucocephalus - Black-capped ChickadeeBlack-capped ChickadeeThe Black-capped Chickadee is a small, North American songbird, a passerine bird in the tit family Paridae. It is the state bird of both Maine and Massachusetts in the United States, and the provincial bird of New Brunswick in Canada...
, Parus atricapillus - American Black VultureAmerican Black VultureThe Black Vulture also known as the American Black Vulture, is a bird in the New World vulture family whose range extends from the southeastern United States to Central Chile and Uruguay in South America...
, Coragyps atratus - Northern CardinalNorthern CardinalThe Northern Cardinal or Redbird or Common Cardinal is a North American bird in the genus Cardinalis. It can be found in southern Canada, through the eastern United States from Maine to Texas and south through Mexico...
, Cardinalis cardinalis - Cedar WaxwingCedar WaxwingThe Cedar Waxwing is a member of the family Bombycillidae or waxwing family of passerine birds. It breeds in open wooded areas in North America, principally southern Canada and the northern United States.-Description:...
, Bombycilla cedrorum - Cliff SwallowCliff SwallowThe Cliff Swallow is a member of the passerine bird family Hirundinidae — the swallows and martins.It breeds in North America, and is migratory, wintering in western South America from Venezuela southwards to northeast Argentina...
, Hirundo pyrrhonota - Barn OwlBarn OwlThe Barn Owl is the most widely distributed species of owl, and one of the most widespread of all birds. It is also referred to as Common Barn Owl, to distinguish it from other species in the barn-owl family Tytonidae. These form one of two main lineages of living owls, the other being the typical...
, Tyto alba - Barn SwallowBarn SwallowThe Barn Swallow is the most widespread species of swallow in the world. It is a distinctive passerine bird with blue upperparts, a long, deeply forked tail and curved, pointed wings. It is found in Europe, Asia, Africa and the Americas...
, Hirundo rustica - Common NighthawkCommon NighthawkThe Common Nighthawk is a medium-sized crepuscular or nocturnal bird, whose presence and identity are best revealed by its vocalization. Typically dark , displaying cryptic colouration and intricate patterns, this bird becomes invisible by day. Once aerial, with its buoyant but erratic flight,...
, Chordeiles minor - Downy WoodpeckerDowny WoodpeckerThe Downy Woodpecker is a species of woodpecker, the smallest in North America.- Description :Adult Downy Woodpeckers are mainly black on the upperparts and wings, with a white back, throat and belly and white spotting on the wings. There is a white bar above the eye and one below. They have a...
, Picoides pubescens - Gray CatbirdGray CatbirdThe Gray Catbird , also spelled Grey Catbird, is a medium-sized northern American perching bird of the mimid family. It is the only member of the "catbird" genus Dumetella...
, Dumetella carolinensis - Mourning DoveMourning DoveThe Mourning Dove is a member of the dove family . The bird is also called the Turtle Dove or the American Mourning Dove or Rain Dove, and formerly was known as the Carolina Pigeon or Carolina Turtledove. It is one of the most abundant and widespread of all North American birds...
, "Zenaida macroura" - Northern MockingbirdNorthern MockingbirdThe Northern Mockingbird, Mimus polyglottos, is the only mockingbird commonly found in North America. This species was first described by Linnaeus in his Systema naturae in 1758 as Turdus polyglottos....
, Mimus polyglottos - Red-tailed HawkRed-tailed HawkThe Red-tailed Hawk is a bird of prey, one of three species colloquially known in the United States as the "chickenhawk," though it rarely preys on standard sized chickens. It breeds throughout most of North America, from western Alaska and northern Canada to as far south as Panama and the West...
, Buteo jamaicensis - Red-winged BlackbirdRed-winged BlackbirdThe Red-winged Blackbird is a passerine bird of the family Icteridae found in most of North and much of Central America. It breeds from Alaska and Newfoundland south to Florida, the Gulf of Mexico, Mexico, and Guatemala, with isolated populations in western El Salvador, northwestern Honduras, and...
, Agelaius phoeniceus - Swamp SparrowSwamp SparrowThe Swamp Sparrow is a medium-sized sparrow related to the Song Sparrow.Adults have streaked rusty, buff and black upperparts with a gray breast, light belly and a white throat. The wings are strikingly rusty. Most males and a few females have a rust-colored caps. Their face is gray with a dark...
, Melospiza georgiana - Turkey VultureTurkey VultureThe Turkey Vulture is a bird found throughout most of the Americas. It is also known in some North American regions as the Turkey Buzzard , and in some areas of the Caribbean as the John Crow or Carrion Crow...
, Cathartes aura - American CrowAmerican CrowThe American Crow is a large passerine bird species of the family Corvidae. It is a common bird found throughout much of North America...
, Corvus brachyrhynchos - Common RavenCommon RavenThe Common Raven , also known as the Northern Raven, is a large, all-black passerine bird. Found across the northern hemisphere, it is the most widely distributed of all corvids...
, Corvus corax - Ruby-throated HummingbirdRuby-throated HummingbirdThe Ruby-throated Hummingbird , is a small hummingbird. It is the only species of hummingbird that regularly nests east of the Mississippi River in North America.- Description :...
, Archilochus colubris - Canada GooseCanada GooseThe Canada Goose is a wild goose belonging to the genus Branta, which is native to arctic and temperate regions of North America, having a black head and neck, white patches on the face, and a brownish-gray body....
, Branta canadensis
Game Birds and Hunted Species
The migratory bird conventions with Canada and Mexico define "game birds" as those species belonging to the following families:- AnatidaeAnatidaeAnatidae is the biological family of birds that includes ducks, geese and swans. The family has a cosmopolitan distribution, occurring on all the world's continents except Antarctica and on most of the world's islands and island groups...
(swans, geese, and ducks) - RallidaeRallidaeThe rails, or Rallidae, are a large cosmopolitan family of small to medium-sized birds. The family exhibits considerable diversity and the family also includes the crakes, coots, and gallinules...
(rails, gallinules, and coots) - Gruidae (cranes)
- CharadriidaeCharadriidaeThe bird family Charadriidae includes the plovers, dotterels, and lapwings, about 64 to 66 species in all.- Morphology :They are small to medium-sized birds with compact bodies, short, thick necks and long, usually pointed, wings, but most species of lapwing may have more rounded wings...
(plovers and lapwings) - Haematopodidae (oystercatchers)
- RecurvirostridaeRecurvirostridaeRecurvirostridae is a family of birds in the wader suborder Charadrii. It contains two distinct groups of birds, the avocets and the stilts .-Description and diet:...
(stilts and avocets) - ScolopacidaeScolopacidaeThe sandpipers are a large family, Scolopacidae, of waders or shorebirds. They include many species called sandpipers, as well as those called by names such as curlew and snipe. The majority of these species eat small invertebrates picked out of the mud or soil...
(sandpipers, phalaropes, and allies) - Columbidae (pigeons and doves).
The Migratory Bird Treaty Act, which implements the conventions, grants the Secretary of the Interior the authority to establish hunting seasons for any of the migratory game bird species listed below. In actuality, the Fish and Wildlife Service has determined that hunting is appropriate only for those species for which there is a long tradition of hunting, and for which hunting is consistent with their population status and their long-term conservation. It is inconceivable, for example, that we will ever see legalized hunting of plovers, curlews, or the many other species of shorebirds whose populations were devastated by market gunners in the last decades of the 19th century.
Although the Migratory Bird Treaty Act considers some 170 species to be "game birds," less than 60 species are typically hunted each year. The Fish and Wildlife Service publishes migratory game bird regulations in the Federal Register. Those species for which hunting regulations have been established at some point during the past 10 years are designated with an asterisk (*) in the following list. However, such a designation does not necessarily indicate that a given species can be taken legally in your State or locality. For regulations specific to your locality, you should consult with your State's natural resource agency.
Source: The list of hunted species was taken primarily from Appendix 2 of the Final Supplemental Environmental Impact Statement: Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88), U.S. Fish and Wildlife Service
Controversy
Unlike the Endangered Species ActEndangered Species Act
The Endangered Species Act of 1973 is one of the dozens of United States environmental laws passed in the 1970s. Signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and...
the MBTA is relatively unknown to the general public and causes little controversy. To date, there have been no serious attempts to have species stripped from the treaty.
One issue involves a small uninhabited island in the Pacific Ocean known as Farallon de Medinilla
Farallon de Medinilla
Farallon de Medinilla is a small island in the Northern Mariana Islands chain and is situated north of Saipan. It is the second smallest in the chain; only Zealandia Bank is smaller. It is an uninhabited coral island which is 0.845 km² in area. It is 2.8 km long from southwest to...
located 150 miles (241.4 km) north of Guam
Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
. The target range there is the United States Pacific Fleet
United States Pacific Fleet
The United States Pacific Fleet is a Pacific Ocean theater-level component command of the United States Navy that provides naval resources under the operational control of the United States Pacific Command. Its home port is at Pearl Harbor Naval Base, Hawaii. It is commanded by Admiral Patrick M...
’s only U.S.-controlled range available, and conveniently accessible from bases in Guam, for live-fire training. In addition, the air and sea space in the Farallon de Medinilla area provides sufficient room for the many different attack profiles which need to be rehearsed. During the peak of Vietnam War operations, ordnance delivered on the island was estimated at 22 tons per month, but is considerably less now.
The Navy has far more mitigation procedures to prevent environmental damage in the present day than they did in the 1960s. In compliance with the National Environmental Policy Act
National Environmental Policy Act
The National Environmental Policy Act is a United States environmental law that established a U.S. national policy promoting the enhancement of the environment and also established the President's Council on Environmental Quality ....
of 1969 they prepared an Environmental Impact Statement. However, the Navy could not guarantee that no bird protected by the MBTA would be killed, despite the precautions. The Fish and Wildlife Service could not grant a permit without such a guarantee, and no permit has been issued. The Navy argued that it had done its best to comply with environmental laws, and should be permitted to operate under the Impact Statement prepared for NEPA. Vice Speaker Joseph P. DeLeon Guerrero, R-Saipan, noted that the U.S. military “is thorough and meticulous in monitoring the impact of the bombing [drills]” on Farallon de Medinilla.
Earthjustice
Earthjustice
Earthjustice is a non-profit public interest law firm based in the United States that specializes in cases protecting natural resources, safeguarding public health, and promoting clean energy...
sued for a temporary restraining order of tests because the navy did not comply with the MBTA, although they did comply with the other environmental laws. As a result a law was introduced by congress (H.R. 4546) to amend the Migratory Bird Treaty Act of 1918 to make it lawful for the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
to "take" (kill) migratory birds during a "military readiness activity". (Readiness activities are defined as all training activities and military operations related to combat and the testing of equipment for combat use.) The record in congress noted that "A recent federal court ruling indicated that the Navy had violated the Migratory Bird Treaty Act by incidentally taking migratory birds without a permit during training exercises near Guam. The House report indicates that the exemption provision is intended to address the lack of permit authorization for incidental takings, so that essential training exercises may proceed. It appears that the language used in the bill would not authorize the issuance of permits, but more broadly would state that the part of the Migratory Bird Treaty Act that articulates unlawful behavior does not apply to a military readiness activity.
See also
- Agreed Measures for the Conservation of Antarctic Fauna and FloraAgreed Measures for the Conservation of Antarctic Fauna and FloraThe Agreed Measures for the Conservation of Antarctic Fauna and Flora is part of the Antarctic Treaty System.Opened for signature - June 2, 1964.Entered into force - November 1, 1982....
- Convention on Biological DiversityConvention on Biological DiversityThe Convention on Biological Diversity , known informally as the Biodiversity Convention, is an international legally binding treaty...
- Convention on the International Trade in Endangered Species of Wild Flora and FaunaConvention on the International Trade in Endangered Species of Wild Flora and FaunaCITES is a multilateral treaty, drafted as a result of a resolution adopted in 1963 at a meeting of members of the International Union for Conservation of Nature...
(CITES) - Endangered Species ActEndangered Species ActThe Endangered Species Act of 1973 is one of the dozens of United States environmental laws passed in the 1970s. Signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and...
- Environmental agreementEnvironmental agreementThis is a list of international environmental agreements. Most of the following agreements are legally binding.-Alphabetical order:*Aarhus Convention Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, Aarhus, 1998*Alpine...
- Ramsar ConventionRamsar ConventionThe Ramsar Convention is an international treaty for the conservation and sustainable utilization of wetlands, i.e., to stem the progressive encroachment on and loss of wetlands now and in the future, recognizing the fundamental ecological functions of wetlands and their economic, cultural,...
- sinkboxSinkboxA sinkbox is a specialized hunting blind used by waterfowl hunters and consisting of a weighted, partially submerged enclosure large enough to hold one or more hunters and suspended from a floating platform...
- Missouri v. HollandMissouri v. HollandMissouri v. Holland, 252 U.S. 416 , the United States Supreme Court held that protection of its quasi-sovereign right to regulate the taking of game is a sufficient jurisdictional basis, apart from any pecuniary interest, for a bill by a State to enjoin enforcement of federal regulations over the...