Migratory Bird Treaty Act of 1918

An American federal law called the Migratory Bird Treaty Act of 1918 (MBTA) was created to safeguard migratory birds in the country. According to the MBTA, it is forbidden to "take, possess, export, import, transport, sell, buy, barter, or offer for sale, buy, or barter any migratory bird, or the parts, nests, or eggs of such a bird, except under the terms of a valid authorization issued pursuant to Federal rules." Birds that migrate among the United States and Canada, Japan, Mexico, and Russia are among the roughly 1,000 species that are presently protected by the MBTA.

Origin and Development

Two earlier laws intended to save wildlife, particularly migrating birds, culminated in the creation of the MBTA. The Lacey Act, approved by Congress in 1900, outlawed the illegal taking of wildlife and its trafficking inside the borders of the United States. The Weeks-Mclean Act, which made it unlawful to shoot migratory birds and gave the Secretary of Agriculture the power to control hunting seasons countrywide, replaced the Lacey Act in 1913.

These two actions helped to create the MBTA in 1918, which has survived for close to a century with little major change. The 1973 passage of the Rare Species Act, notably its "take" and "kill" provisions, which made it illegal to "harm" and "harass" birds protected by the ESA, substantially widened the MBTA's application. Aside from making intentional harm or death of ESA-protected species illegal, revisions to the Rare Species Act rendered incidental taking of such species unlawful even while a permitted activity was taking place. The reach and applicability of the statute concerning incidental takings have recently been called into doubt due to a court split on the MBTA case.

Following Amendments

These are −

• 1918 : The MBTA is approved by Congress and signed into law by the President.

• 1940 : In order to preserve and grow the population of the national bird, the Bald Eagle Protection Act was passed.

• 1973 : More native birds, including non-migratory ones, will be protected by an amendment to the MBTA.

• 2002 : Earthjustice has filed a lawsuit against the U.S. Navy for failing to follow MBTA regulations and taking birds during training readiness drills. As a result, Congress passes H.R. 4546, which changes the MBTA and permits the Department of Defense to make inadvertent takings during these types of exercises.

• 2014 : The Department of Justice demands $1 million in penalties from a Wyoming wind farm operator for taking Golden Eagles accidentally.

• 2015:May : In order to assess any potential environmental effects of a proposal to permit incidental taking of migrating birds under the Migratory Bird Treaty Act, the FWS publishes a Notice of Intent to compile a programmatic environmental impact statement (PEIS).

• July : IPAA and API comment on the service's Notice of Intent, expressing displeasure with the strategies described in the notice.

Hunted Species

According to the migratory bird treaties with Canada and Mexico, "game birds" are any species that fall under one of the following families −

• Anatidae (swans, geese, and ducks)

• Rallidae (rails, gallinules, and coots)

• Gruidae (cranes)

• Charadriidae (plovers and lapwings)

• Haematopodidae (oystercatchers)

• Recurvirostridae (stilts and avocets)

• Scolopacidae (sandpipers, phalaropes, and allies)

• Columbidae (pigeons and doves)

The Secretary of the Interior is empowered to set hunting seasons for any of the migratory game bird species mentioned above under the Migratory Bird Treaty Act, which administers the conventions. In reality, the Fish and Wildlife enmity has decided that hunting is only appropriate for species where there has been a long history of hunting and where hunting is consistent with the population state and long-term conservation of those species.

Sections

Here are the following sections under 16 U.S. Code

• § 703: Unauthorized capture, slaughter, or ownership of migratory birds

• § 704: Choosing when and how migratory birds can be captured, killed, or owned

• § 705: illegal migratory bird importation or transportation

• § 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 selling for the purpose of supplying food

• § 712: Regulations for the implementation of treaties and conventions; the protection and conservation of birds; the seasonal taking of migrating birds for the requirements of native Alaskans in order to sustain and maintain bird stocks.

The Migratory Bird Treaty Act and Its Present Status

Nearly all-American birds are now protected by the MBTA, not just wandering species. The MBTA's protections continue to be disputed, nonetheless, in terms of their scope. The Migratory Bird Treaty Act defines "take" as "to pursue, sprout, hunt, wound, kill, trap, catch, or collect," while the Rare Species Act's (ESA) definition of "take" is broader. The term "takes" as used in the Rare Species Act also refers to accidental take, which is when protected birds are harmed accidentally.

The MBTA's protections were weakened in 2017 by a revised illumination of the legislation that the Trump Administration released. The U.S. Fish and Wildlife enmity is no longer required to issue a federal permit for human activities that unintentionally harm protected birds, according to the new interpretation. To put it another way, only activities that purposefully endanger or kill birds threatened by the MBTA require a permit from the U.S. Fish and Wildlife amenity. The Trump Administration's action, according to critics, removes significant incentives to protect birds by not protecting inadvertent takes.

With the rule's publication in 2017, the 2017 illumination of the MBTA remained debatable and unclear until the rule's finalization in January 2021. Nevertheless, in May 2021, the U.S. Fish and Wildlife Amenity suggested revoking the illumination made by the Trump Administration. The MBTA's 2017 illumination is still in force right now.

Conclusion

One of the earliest statutes governing wildlife conservation is the Migratory Bird Agreement Act (MBTA), which was enacted in 1918. One of the National Audubon Society's first significant triumphs was its development, and in the years since it was put into effect, the MBTA has prevented the deaths of millions, if not billions, of birds.

Frequently Asked Questions

Q1. Which state is famous for migratory state?

Ans. Ranganathittu Bird Sanctuary is a collection of six distinct islets on the banks of the Kaveri River near Srirangapatnam, Karnataka. It is the biggest bird sanctuary in the state and is home to some of the most beautiful migrating bird species.

Q2. Where are migratory birds found in India?

Ans. Such wetlands are home to migratory birds that are primarily found in India. Wetlands are marshes or swamps with particular hydric soils. Several of these wetlands may be found in India, including Ashtamudi Wetland, Bhitarkanika Mangroves, Bhoj Wetland, Chandra Taal, Chilika Lake, and others.

Q3. What is Bald and Golden Eagle Protection Act?

Ans. The Bald and Golden Eagle Preservation Act (16 U.S.C. 668-668d), passed in 1940 and revised numerous times since, forbids anyone from "taking" bald or golden eagles, including their parts (including feathers), nests, or eggs, without a permit from the Secretary of the Interior.