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 three 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 United States Code (U.S.C.) is a compilation and codification of the general and permanent federal law of the United States. ...

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

History

• See, Timeline of environmental events

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. The timeline of environmental events is a historical account of events that have shaped humanitys perspective on the environment. ...

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.

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 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. Long-distance land bird migration Many species of land birds migrate very long distances, the most common pattern being for birds to breed in the temperate or arctic northern hemisphere and winter in warmer regions, often in the tropics or the southern hemisphere. ... Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... The United States Code of Federal Regulations (CFR) 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. ...

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

American Black Vulture Coragyps atratus, one of the species covered under the treaty.

The following is a sampling of some of the more commonly known birds of the over 800 species covered under the treaty: American Black Vulture personal photograph File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... American Black Vulture personal photograph File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ...

• 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

Binomial name Haliaeetus leucocephalus (Linnaeus, 1766) The Bald Eagle (Haliaeetus leucocephalus), also known as the American Eagle, is a bird of prey found in North America, most recognizable as the national bird of the United States. ... Binomial name Parus atricapillus Linnaeus, 1766 Synonyms The Black-capped Chickadee, Parus atricapillus or Poecile atricapillus, is a small songbird, a passerine bird in the tit family Paridae. ... Binomial name Coragyps atratus (Bechstein, 1793) A common New World vulture, the American Black Vulture, Coragyps atratus, tends to have a more southerly distribution than its compatriot, the Turkey Vulture, which breeds well into Canada. ... Binomial name Cardinalis cardinalis (Linnaeus, 1758) The Northern Cardinal (Cardinalis cardinalis) is a member of the cardinal family of birds in North America. ... Binomial name Bombycilla cedrorum (Vieillot, 1808) The Cedar Waxwing, Bombycilla cedrorum, is a member of the family Bombycillidae or waxwing family of passerine birds. ... Binomial name Hirundo pyrrhonota Vieillot, 1817 The Cliff Swallow, Hirundo pyrrhonota (sometimes Petrochelidon pyrrhonota), is a member of the passerine bird family Hirundinidae, the swallows and martins. ... Binomial name Tyto alba (Scopoli, 1769) The Barn Owl (Tyto alba) is an owl in the barn owl family Tytonidae. ... Binomial name Chordeiles minor (Forster,JR,, 1771) The Common Nighthawk, Chordeiles minor, is a nightjar. ... Binomial name Picoides pubescens (Linnaeus, 1766) The Downy Woodpecker, Picoides pubescens, is the smallest woodpecker in North America. ... Binomial name Dumetella carolinensis Linnaeus,, 1766 The Gray Catbird, Dumetella carolinensis, is a medium-sized perching bird of the Mimid family, the only member of genus Dumetella. ... Binomial name Mimus polyglottos (Linnaeus, 1758) The Northern Mockingbird, Mimus polyglottos, is the mockingbird commonly found in North America. ... Binomial name Zenaida macroura (Linnaeus, 1758) The Mourning Dove (Zenaida macroura) is a member of the bird family Columbidae, which includes doves and pigeons. ... Binomial name Buteo jamaicensis (Gmelin, 1788) The Red-tailed Hawk (Buteo jamaicensis) is a large hawk which breeds from western Alaska and northern Canada to Panama and the West Indies. ... Binomial name Agelaius phoeniceus (Linnaeus, 1766) The Red-winged Blackbird, Agelaius phoeniceus, is a passerine bird of the family Icteridae, found in most of North America. ... Binomial name Melospiza georgiana (Latham, 1790) The Swamp Sparrow, Melospiza georgiana, is a medium-sized sparrow. ... Binomial name Cathartes aura (Linnaeus, 1758) The Turkey Vulture, Cathartes aura, is the most common vulture in the Americas. ...

External links

• Migratory Bird Treaty on Cornell's U.S. Code Collection
• List of bird species covered under the Migratory Bird Treay
• U.S. Fish and Wildlife Service's guide to U.S. laws protecting migratory birds (including the Migratory Bird Treaty)