The Migratory Bird Treaty Act (MBTA) is a federal law in the United States that protects over 1,000 species of birds that migrate or are native to the country. First passed in 1918, the MBTA prohibits the hunting, killing, trading, possession, import, and export of migratory birds, their eggs, feathers or nests without proper authorization. The law has helped conserve bird populations in the U.S. for over 100 years.
History of the Migratory Bird Treaty Act
The Migratory Bird Treaty Act was passed in 1918 to implement the 1916 Convention between the U.S. and Great Britain (on behalf of Canada) for the protection of migratory birds. This treaty was in response to declines in North American bird populations due to unregulated hunting, trade, and habitat loss. Prior to the treaty, migratory birds were considered a shared resource that belonged to no single jurisdiction.
The original 1918 statute prohibited the take, possession, buy, sell, purchase, and barter of migratory birds, their feathers, parts, and nests, and eggs except as allowed by regulation. It protected migratory bird populations by removing commercial market pressures for hunting birds and gathering their parts.
Over the next several decades, the U.S. entered into similar agreements with Mexico (1936), Japan (1972), and Russia (1976) to further protect migratory bird species that crossed international borders during their annual migrations. Amendments to the MBTA were passed to incorporate these additional treaties.
Today, the Migratory Bird Treaty Act continues to be one of the most important conservation laws protecting birds that migrate through the U.S. It is enforced by the U.S. Fish and Wildlife Service.
Scope of the Migratory Bird Treaty Act
The Migratory Bird Treaty Act protects over 1,000 species of birds native to the United States. It covers the vast majority of bird species found in the country. The MBTA does not provide any protections for exotic bird species that have been introduced to North America.
Major groups of birds protected under the MBTA include:
- Songbirds – warblers, finches, swallows, blackbirds, sparrows
- Raptors – eagles, hawks, ospreys, owls, falcons
- Waterfowl – ducks, geese, swans
- Shorebirds – plovers, sandpipers, gulls, terns
- Wading birds – herons, egrets, bitterns
- Rails and coots
- Cranes
- Pigeons and doves
- Woodpeckers
- Hummingbirds
The most well-known species protected under the MBTA include the bald eagle, great blue heron, snowy egret, wood duck, canvasback duck, Cooper’s hawk, ruby-throated hummingbird, and horned lark.
There are a few groups of birds native to the U.S. that are not covered under the MBTA. These include:
- Upland game birds – grouse, pheasants, quail, wild turkey
- American crows
- European starlings
- House sparrows
Regulations allow these species to be hunted under state laws.
Prohibitions Under the Migratory Bird Treaty Act
Under the Migratory Bird Treaty Act, it is illegal to pursue, hunt, take, capture, kill, possess, sell, purchase, barter, import, export, or transport any migratory bird, or the parts*, nests, or eggs of such a bird except under the terms of a valid federal permit. (*Parts include feathers, plumes, or skin as well as bones, feet, and bills).
This prohibition applies to both live and dead birds, and to any derivatives from them including feathers, eggs, nests, taxidermy mounts, or products made from bird parts.
There are no authorized permits to allow the destruction of an active nest of a migratory bird that is protected under the MBTA. So the disturbance or destruction of an active nest is prohibited under the law except when it is directly protecting human safety.
The MBTA also prohibits the interstate or international sale, purchase, trade, or transport of any migratory birds, nests, eggs, or parts thereof that were taken in violation of state or provincial laws. Birds harvested legally under state law cannot be transported across state lines or internationally.
These prohibitions apply to all entities – federal, state, tribal, private organizations, and individuals. Anyone taking or possessing migratory birds is responsible for complying with relevant regulations and permit requirements.
Exceptions Under the Migratory Bird Treaty Act
While the take of migratory birds is generally prohibited under the MBTA, the U.S. Fish and Wildlife Service can issue permits for limited exceptions. With the proper permit, certain activities that would normally violate the MBTA become legal. Authorized exceptions include:
- Hunting waterfowl and doves – requires state hunting licenses and federal duck stamps.
- Falconry – requires a special federal falconry permit.
- Scientific or educational use – research, banding, surveys require specific federal permits.
- Depredation and control – permits available for control of problem birds.
- Taxidermy and mounting – permitted under strict limitations.
- Import and export – international trade requires import/export permits.
- Native American religious use – such as eagle feathers for ceremonies.
Regulated hunting of game bird species provides the bulk of allowable opportunistic take under the MBTA each year. Millions of waterfowl, doves, and other game birds are legally harvested annually during designated hunting seasons. Hunters must acquire state hunting licenses and federal duck stamps to participate in legal hunts.
Outside of regulated harvest, permits that allow intentional take of migratory birds are only issued for specific purposes such as scientific study, wildlife rehabilitation, depredation control, religious use, falconry, or taxidermy. These activities are closely monitored and permitted takes are documented. Specific regulations apply in each case.
Enforcement of the Migratory Bird Treaty Act
Primary responsibility for enforcing the Migratory Bird Treaty Act lies with the U.S. Fish and Wildlife Service, a bureau within the Department of the Interior. USFWS agents focus enforcement efforts on intentional violations and those involving commercial exploitation or interstate transport.
Typical MBTA violations that are prosecuted involve:
- Poaching, over-limit harvest, or shooting out of season
- Illegal sale or purchase of birds, feathers, nests, or eggs
- Smuggling birds in or out of the country
- Killing birds to get feathers or parts for the black market
- Killing birds with pesticides or toxins
- Intentionally destroying migratory bird nests
Under the MBTA it is illegal to even possess any migratory bird (alive or dead), their parts, nests, or eggs that were obtained in violation of regulations. This allows authorities to prosecute cases whenever contraband is found, regardless of intent. Hefty fines and even jail time can result.
The maximum criminal penalties under the MBTA have been raised over the years and are currently:
- Misdemeanor – max fine of $15,000 and 6 months imprisonment
- Felony – max fine of $250,000 and 2 years imprisonment
Fines, restitution, and forfeiture may also apply. Fines can easily reach 6 or 7 figures for commercial violations.
Civil penalties up to $25,000 per violation may be assessed administratively.
Knowingly taking any migratory bird without a permit – even a single feather – violates the MBTA. However, enforcement is generally directed at activities resulting in multiple bird deaths or clear black market profiteering. Authorities use discretion in prosecuting minimal impacts that pose no biological threat to populations.
Recent Changes to the Migratory Bird Treaty Act
In December 2017, the U.S. Department of the Interior issued a legal opinion (M-37050) that reinterpreted long-standing policy and practice under the Migratory Bird Treaty Act. This controversial decision stated that the MBTA’s prohibitions on take applied “only to affirmative actions that have as their purpose the taking or killing of migratory birds, their nests, or their eggs”.
In other words, the opinion stated that incidental take was no longer prohibited under the MBTA. Incidental take results from activities like oil spills, electrocutions on power lines, turbine strikes, pesticide applications, etc. where birds are unintentionally killed but not directly targeted.
This reinterpretation was challenged in court cases brought by the National Audubon Society and other conservation groups. In 2021, the Biden administration suspended and began reviewing the 2017 opinion. A proposed rule is expected that would revoke the 2017 policy and restore prohibitions on incidental take under the MBTA.
Until resolved, the protections provided by the Migratory Bird Treaty Act remain diminished with uncertain consequences for bird conservation.
Conclusion
The Migratory Bird Treaty Act stands as one of America’s pioneering conservation laws. It protects over 1,000 native bird species by prohibiting unauthorized take and commercial exploitation. Core protections have safeguarded migratory birds for over 100 years since the MBTA was passed in 1918.
Recent policy changes limiting the law’s reach are being reevaluated. Support continues to grow for fully restoring the MBTA to shield both intentional and unintentional take of all covered species. Amid stresses like habitat loss, climate change, and human development, the protections of this bedrock legislation remain crucial for conserving North America’s birds into the future.