A Guide to the Laws and Treaties of the United States for Protecting
Migratory Birds
A fairly large number of international treaties and domestic laws have
been enacted that provide protection for migratory birds. To help put the
legal authorities into perspective, we have categorized them as primary
and secondary authorities. Primary authorities are international
conventions and major domestic laws that focus primarily on migratory
birds and their habitats. Secondary authorities are broad-based domestic
environmental laws that provide ancillary but significant benefits to
migratory birds and their habitats.
For purposes of discussion, it is helpful to group the primary
authorities of the United States for migratory birds into those that
protect bird and bird populations (primarily) and those that
protect bird habitats.
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Following close on the heels of the Lacey Act and the Weeks-McLean Law,
the framers of the Migratory Bird Treaty Act were determined to put an end
to the commercial trade in birds and their feathers that, by the early
years of the 20th century, had wreaked havoc on the populations of many
native bird species.
The Migratory Bird Treaty Act decreed that all migratory birds and their
parts (including eggs, nests, and feathers) were fully protected.
The Migratory Bird Treaty Act is the domestic law that affirms, or
implements, the United States' commitment to four international
conventions (with Canada, Japan, Mexico, and Russia) for the protection of
a shared migratory bird resource. Each of the conventions protect selected
species of birds that are common to both countries (i.e., they occur in
both countries at some point during their annual life cycle). A List of Migratory Birds protected by the
Migratory Bird Treaty Act is available.
For those desiring additional information on the Migratory Bird Treaty Act,
a detailed synopsis is available. That section of the United
States Code pertaining to the Migratory Bird Treaty Act can also be accessed.
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By the late 1800s, the hunting and shipment of birds for the commercial market
(to embellish the platters of elegant restaurants) and the plume trade (to provide
feathers to adorn lady's fancy hats) had taken their toll on many bird species.
Passenger pigeons, whose immense flocks had once darkened the skies, were nearing
extinction. Populations of the Eskimo curlew and other shorebirds had been decimated.
The snowy egret and other colonial-nesting wading birds had been reduced to
mere remnants of their historical populations. The Lacey Act (passed on May
25, 1900) prohibited game taken illegally in one state to be shipped across
state boundaries contrary to the laws of the state where taken. The Lacey Act
has become a very effective tool for enforcing the wildlife protective laws
of the States and the Federal government (a detailed
synopsis is available). However, in the early years of the 20th century
the Act was ineffective in stopping interstate shipments, largely because of
the huge profits enjoyed by the market hunters and the lack of officers to enforce
the law. These early failures of the Lacey Act led to passage of the Weeks-McLean
Law.
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The Weeks-McLean Law (which became effective on March 4, 1913) was
designed to stop commercial market hunting and the illegal shipment of
migratory birds from one state to another. The Act boldly proclaimed that:
All wild geese, wild swans, brant, wild ducks, snipe, plover,
woodcock, rail, wild pigeons, and all other migratory game and
insectivorous birds which in their northern and southern migrations pass
through or do not remain permanently the entire year within the borders
of any State or Territory, shall hereafter be deemed to be within the
custody and protection of the Government of the United States, and shall
not be destroyed or taken contrary to regulations hereinafter provided
therefor.
The Weeks-McLean Law rested on weak constitutional grounds, having been
passed as a rider to an appropriation bill for the Department of
Agriculture, and it was soon replaced by the Migratory Bird Treaty Act of
1918.
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Migratory Bird Conventions
For synopses of the four migratory bird conventions, first jump to the List of Treaties and then, from the menu list that appears on your screen,
click on the treaty or treaties of interest (your options will be Canada, Japan, Mexico, and the Soviet
Union). A checklist of the species covered by each of the conventions
is available at List of Migratory Birds.
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The relevance of this landmark legislation to migratory bird conservation needs
little elaboration. For the curious, you can access the full
text of the Endangered Species Act on-line. For the less curious but still
interested, a detailed
synopsis is available. For a full list of birds protected by the Endangered
Species Act in the U.S., click here. A checklist
of the species protected by both the Endangered Species Act and the Migratory
Bird Treaty Act is posted at List of Migratory
Birds.
The Endangered Species Act is also the domestic law that confirms, or
implements, the United States' commitment to two international treaties
that contain important provisions for the protection of migratory birds:
- CITES (the Convention on International Trade in
Endangered Species of Wild Fauna and Flora)
- Pan American Convention (the Convention on Nature Protection and Wildlife Preservation in the Western
Hemisphere).
CITES (the Convention on International Trade in
Endangered Species of Wild Fauna and Flora)
A detailed synopsis of the CITES convention is available. A checklist of the species covered by
both the CITES and the Migratory Bird Treaty Act is posted at List
of Migratory Birds.
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In additional to the conventions implemented by the Migratory
Bird Treaty Act and the Endangered Species Act,
the United States is party to two other international treaties that afford
special protection to migratory birds.
- Ramsar Convention (The Convention on Wetlands of International Importance Especially as Waterfowl
Habitats)
- Antarctic Treaty (designed to protect the native birds, mammals, and plants of the Antarctic)
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Formally known as the Migratory Bird Hunting and Conservation Stamp Act (passed
in 1934), it provides a mechanism for generating money for the acquisition and
protection of important migratory bird habitats. The habitat protection authorities
of this Act have been significantly modified and strengthened in recent years
by provisions of the Wetlands
Loan Act (1961) and the Emergency
Wetlands Resources Act (1986).
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