Migratory Bird Treaty

Last updated
Convention Between the United States and Great Britain for the Protection of Migratory Birds
Migratory Bird Treaty 5c 1966 issue U.S. stamp.jpg
United States stamp commemorating the treaty
Type Bird conservation
Signed16 August 1916 (1916-08-16)
Location Washington, D.C., United States
Effective7 December 1916 (1916-12-07)
Parties
LanguageEnglish

The Migratory Bird Treaty or Convention is an environmental treaty between Canada and the United States. It was originally signed on 16 August 1916 by the United States and the United Kingdom, (representing Canada), entered into force on 6 December 1916 and has since been amended several times.

Contents

Whereas, many species of birds in the course of their annual migrations traverse certain parts of the Dominion of Canada and the United States; and

Whereas, many of these species are of great value as a source of food or in destroying insects which are injurious to forests and forage plants on the public domain, as well as to agricultural crops, in both Canada and the United States, but are nevertheless in danger of extermination through lack of adequate protection during the nesting season or while on their way to and from their breeding grounds;

His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British dominions beyond the seas, Emperor of India, and the United States of America, being desirous of saving from indiscriminate slaughter and of insuring the preservation of such migratory birds as are either useful to man or are harmless, have resolved to adopt some uniform system of protection which shall effectively accomplish such objects ... [1]

Implementation

This treaty led to important environmental legislation being passed in each of the two countries in order to implement the terms of the treaty.

Implementation in Canada

Mont Saint-Hilaire in southern Quebec was made a Migratory Bird Sanctuary in 1960 Mont Saint-Hilaire south.jpg
Mont Saint-Hilaire in southern Quebec was made a Migratory Bird Sanctuary in 1960

The Migratory Birds Convention Act (also MBCA) is a Canadian law established in 1917 and significantly updated in June 1994 which contains regulations to protect migratory birds, their eggs, and their nests from hunting, trafficking and commercialization. A permit is required to engage in any of these activities. [2] One major outcome of the act was the creation of Federal Migratory Bird Sanctuaries (MBSs).

Implementation in the United States

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). It replaced the Weeks-McLean Act, which had become effective in 1913 though faced constitutional challenges. The Migratory Bird Treaty Act was also challenged in the case Missouri v. Holland and the supremacy of ratified international treaties gave it additional protection. 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 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. [3]

The statute is broken down into ten sections, 703 through 712 (16 U.S.C. 703 through 712). Note that § 709 is omitted, but § 709a Authorization of appropriations is included and active, making eleven listed sections (including § 709 Omitted).

See also

Related Research Articles

<span class="mw-page-title-main">Environmental law</span> Branch of law concerning the natural environment

Environmental laws are laws that protect the environment. This includes environmental regulations; laws governing management of natural resources, such as forests, minerals, or fisheries; and related topics such as environmental impact assessments.

<span class="mw-page-title-main">Statute of Westminster 1931</span> United Kingdom legislation

The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown.

<span class="mw-page-title-main">Oology</span> Branch of ornithology studying bird eggs, nests and breeding behavior

Oology is a branch of ornithology studying bird eggs, nests and breeding behaviour. The word is derived from the Greek oion, meaning egg. Oology can also refer to the hobby of collecting wild birds' eggs, sometimes called egg collecting, birdnesting or egging, which is now illegal in many jurisdictions.

<span class="mw-page-title-main">Wildlife and Countryside Act 1981</span> United Kingdom legislation

The Wildlife and Countryside Act 1981 is an Act of Parliament in the United Kingdom implemented to comply with European Council Directive 79/409/EEC on the conservation of wild birds. In short, the act gives protection to native species, controls the release of non-native species, enhances the protection of Sites of Special Scientific Interest and builds upon the rights of way rules in the National Parks and Access to the Countryside Act 1949. The Act is split into 4 parts covering 74 sections; it also includes 17 schedules.

<span class="mw-page-title-main">American bittern</span> Species of bird

The American bittern is a species of wading bird in the heron family. It has a Nearctic distribution, breeding in Canada and the northern and central parts of the United States, and wintering in the U.S. Gulf Coast states, all of Florida into the Everglades, the Caribbean islands and parts of Central America.

<span class="mw-page-title-main">Wood duck</span> Species of bird

The wood duck or Carolina duck is a species of perching duck found in North America. The drake wood duck is one of the most colorful North American waterfowls.

Environment and Climate Change Canada, is the department of the Government of Canada responsible for coordinating environmental policies and programs, as well as preserving and enhancing the natural environment and renewable resources. It is also colloquially known by its former name, Environment Canada.

<span class="mw-page-title-main">American avocet</span> Species of bird

The American avocet is a large wader in the avocet and stilt family, Recurvirostridae, that is found in North America. It spends much of its time foraging in shallow water or on mud flats, often sweeping its bill from side to side in water as it seeks its crustacean and insect prey.

<span class="mw-page-title-main">China–Australia Migratory Bird Agreement</span>

The China–Australia Migratory Bird Agreement (CAMBA) is a bilateral treaty between Australia and China that aims to protect migratory birds and their environment between the two countries. Throughout all six Articles, the treaty defines what a migratory bird is, outlines key prohibitions for both contracting parties and determines the responsibilities of both nations to protect migratory birds and their habitats. The CAMBA was first developed on 20 October 1986, and came into force on 1 September 1988. Eighty-one bird species are listed in the agreement, as shown in the CAMBA Annex listed below.

The Migratory Bird Treaty Act of 1918 (MBTA), codified at 16 U.S.C. §§ 703712, is a United States federal law, first enacted in 1918 to implement the convention for the protection of migratory birds between the United States and Canada. The statute makes it unlawful without a waiver to pursue, hunt, take, capture, kill, or sell nearly 1,100 species of birds listed therein as 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. A March 2020 update of the list increased the number of species to 1,093.

The Canadian Wildlife Service or CWS, is a Branch of the Department of Environment and Climate Change Canada, a department of the Government of Canada. November 1, 2012 marked the 65th anniversary of the founding of Service.

<span class="mw-page-title-main">Protected areas of Canada</span> Areas protected for conservation or historical reasons

Protected areas of Canada consist of approximately 12.1 percent of the nation's landmass and freshwater are considered conservation areas, including 11.4 percent designated as protected areas. Approximately 13.8 percent of Canada's territorial waters are conserved, including 8.9 percent designated as protected areas. Terrestrial areas conserved have increased by 65 percent in the 21st century, while marine areas conserved have increased by more than 3,800 percent.

<span class="mw-page-title-main">George P. McLean</span> American politician (1857–1932)

George Payne McLean was the 59th Governor of Connecticut, and a United States senator from Connecticut.

<span class="mw-page-title-main">History of the National Wildlife Refuge System</span>

The National Wildlife Refuge System in the United States has a long and distinguished history.

<span class="mw-page-title-main">Migratory Birds Convention Act</span>

The Migratory Birds Convention Act is a Canadian law established in 1917 and significantly updated in June 1994 which contains regulations to protect migratory birds, their eggs, and their nests from destruction by wood harvesting, hunting, trafficking and commercialization. A permit is required to engage in any of these activities.

<span class="mw-page-title-main">Bald and Golden Eagle Protection Act</span> United States federal statute

The Bald and Golden Eagle Protection Act is a United States federal statute that protects two species of eagle. The bald eagle was chosen as a national emblem of the United States by the Continental Congress of 1782 and was given legal protection by the Bald Eagle Protection Act of 1940. This act was expanded to include the golden eagle in 1962. Since the original Act, the Bald and Golden Eagle Protection Act has been amended several times. It currently prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking" bald eagles. Taking is described to include their parts, nests, or eggs, molesting or disturbing the birds. The Act provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle ... [or any golden eagle], alive or dead, or any part, nest, or egg thereof."

<span class="mw-page-title-main">Charles Gordon Hewitt</span> Canadian entomologist

Charles Gordon Hewitt was a Canadian economic entomologist and pioneer of conservation biology. He was appointed dominion entomologist of Canada in 1909. He helped pass the Destructive Insect and Pest Act in 1910, and implemented significant changes in the Department of Agriculture. He published several books on the subjects of biology and entomology, and helped to further the 1916 treaty between Canada and the United States for the protection of migratory birds.

<span class="mw-page-title-main">H.R. 3109 (113th Congress)</span>

A bill to amend the Migratory Bird Treaty Act to exempt certain Alaskan Native articles from prohibitions against sale of items containing nonedible migratory bird parts, and for other purposes was a proposed law that would have allowed Alaskan Natives to make and sell traditional handicrafts such as masks, jewelry, clothing, and hunting equipment that are made from parts of migratory birds, particularly feathers.

Last Mountain Lake Bird Sanctuary is a National Historic Site of Canada, located in the rural municipality of Last Mountain Valley No. 250 in Saskatchewan. The migratory bird sanctuary was the first established in North America. The 47.36 km2 (18.29 sq mi) area is within the Last Mountain Lake National Wildlife Area, an International Biological Program site, and includes adjacent uplands.

References

  1. "Canada Treaty Information - View Treaty". Archived from the original on 2011-10-03. Retrieved 2011-05-18.
  2. "Biodiversity Conservation in Canada". Archived from the original on 2008-03-14. Retrieved 2008-01-27.
  3. George Cameron Coggins, and Sebastian T. Patti. "The Resurrection and Expansion of the Migratory Bird Treaty Act." U. Colorado Law Review 50 (1978): 165+.