The regulation of closed hunting seasons for migratory birds in the United States is governed by the Migratory Bird Treaty Act (MBTA) of 1918. This federal law protects over 1,000 species of migratory birds by making it illegal to pursue, hunt, take, capture, kill, or sell birds listed as migratory game birds without a permit issued by the Secretary of the Interior.
What Is the Migratory Bird Treaty Act?
The Migratory Bird Treaty Act (MBTA) is a federal law that was passed in 1918 to implement the convention for the protection of migratory birds between the United States and Great Britain (acting on behalf of Canada). The law makes it unlawful to pursue, hunt, take, capture, kill, possess, sell, purchase, barter, import, export, or transport any migratory bird, or any part, nest, or egg of any such bird, unless authorized under a permit issued by the Secretary of the Interior. The MBTA protects over 1,000 species of birds that migrate across international borders.
The MBTA authorizes and directs the Secretary of the Interior to determine when, consistent with the treaties, hunting seasons for migratory game birds are to be open and closed each year. This allows the Secretary of the Interior to set closed hunting seasons or periods for migratory game birds.
Who Is the Secretary of the Interior?
The Secretary of the Interior is a cabinet-level position that heads the United States Department of the Interior. The Department of the Interior is responsible for the management and conservation of most federal land and natural resources, and oversees agencies like the Bureau of Land Management, the United States Geological Survey, the National Park Service, the Bureau of Indian Affairs, the Fish and Wildlife Service, and the Bureau of Reclamation.
The current Secretary of the Interior under the Biden Administration is Deb Haaland. She was confirmed by the Senate on March 15, 2021.
The Secretary’s Authority Over Migratory Bird Hunting
Under the Migratory Bird Treaty Act, the Secretary of the Interior is authorized and directed to determine hunting seasons and other regulations for migratory game birds. This allows the Secretary to set closed hunting seasons through regulations.
Specifically, the MBTA states that the Secretary “is authorized and directed…having due regard to the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times and lines of migratory flight of such birds, to determine when, to what extent, if at all, and by what means, it is compatible with the terms of the conventions to allow hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, or export of any such bird, or any part, nest, or egg thereof…”
This provision gives the Secretary the authority and responsibility to establish hunting regulations, including closed seasons, for migratory birds covered under the law. The regulations are intended to ensure migratory game bird populations are sustained and protected in accordance with the migratory bird treaties.
How the Secretary Sets Closed Hunting Seasons
The Secretary of the Interior delegates the responsibility for establishing hunting regulations for migratory game birds to the U.S. Fish and Wildlife Service (FWS). The FWS is an agency within the Department of the Interior.
Each year, the FWS works with state wildlife agencies to establish hunting season lengths, bag limits, and closed seasons for regulated migratory game birds, like ducks, geese, doves, and others. These regulations are developed based on science-based harvest strategies and to ensure long-term health and sustainability of migratory bird populations.
For example, each year the FWS establishes the frameworks, or outside limits, for season lengths, bag limits, and closed seasons for duck hunting. They then allow state agencies to select season dates and bag limits within these federal frameworks to match the desires of their state’s hunters.
Factors Considered in Setting Closed Seasons
Some of the factors the FWS considers when setting closed hunting seasons for migratory game birds include:
- Overall health and population numbers of bird species
- Breeding population and habitat surveys
- Harvest rates from previous seasons
- Migratory patterns and flyways of different bird populations
- Impacts of hunting pressure and techniques
- State and regional hunting demands and traditions
Using the best available science and data, FWS migratory game bird biologists determine appropriate closed season lengths needed to sustain bird populations and provide hunting opportunities.
Examples of Closed Hunting Seasons
Here are some examples of closed hunting seasons that may be established for migratory game birds by the Secretary of the Interior:
- Dove Hunting: Setting a closed season from January to August to protect nesting and breeding doves.
- Duck Hunting: Establishing a 10-day closed season for ducks in the Mississippi Flyway to allow birds to rest and rebuild energy reserves during migration.
- Woodcock Hunting: Setting a closed season from mid-December to September to prevent disturbance of breeding woodcock.
- Sandhill Crane Hunting: Establishing closed seasons on sandhill crane hunting in the Atlantic and Central flyways.
States May Establish Additional Restrictions
While the Secretary of the Interior and FWS establish national framework regulations and closed seasons for migratory game bird hunting, states can also establish additional restrictions on seasons and take within their borders. However, states cannot set migratory bird hunting regulations that are more liberal than the federal frameworks.
For example, a state may decide to establish a shorter hunting season or reduced bag limit for a certain species in that state due to localized concerns. Or a state may decide to close the season for a species within their state, even if the federal frameworks have allowed for a season.
Native American Tribes Set Their Own Seasons
Native American tribes are also allowed to set their own migratory bird hunting regulations and closed seasons, but these must still fit within the federal frameworks. The FWS works with individual tribes to establish reservation hunting seasons and limits on migratory birds.
In some cases, Native American tribes completely close migratory bird hunting seasons within reservation boundaries. For example, the White Mountain Apache tribe in Arizona currently prohibits all migratory bird hunting on their reservation lands.
International Coordination on Migratory Birds
In order to protect populations of migratory birds that cross international borders and fly along established migratory flyways, the setting of closed hunting seasons in the U.S. may also involve coordination with other countries like Canada or Mexico.
The migratory bird treaties that enabled the Migratory Bird Treaty Act were established between the U.S. and Great Britain (for Canada) and Mexico specifically for the purpose of protecting and managing shared migratory bird resources.
The FWS continues to coordinate with Canadian and Mexican wildlife officials when establishing hunting regulations and closed seasons for migratory game birds.
Enforcement and Penalties
It is illegal to hunt migratory game birds in the U.S. during closed seasons or to violate any regulations established by the Secretary of the Interior. Enforcement of the Migratory Bird Treaty Act and hunting regulations is carried out by federal and state wildlife law enforcement agents.
Violations of the MBTA or hunting regulations can result in fines up to $15,000 and jail time up to 6 months. Felony violations can result in fines up to $250,000, jail time up to 2 years, or both.
Hunters must consult federal and state hunting regulations each year and only hunt migratory game birds within authorized open seasons and in accordance with all other laws and limits. Ignorance of the law is not an excuse.
Conclusion
In summary, the Secretary of the Interior is authorized by the Migratory Bird Treaty Act to set closed hunting seasons for migratory game birds in the United States. This authority has been delegated to the U.S. Fish and Wildlife Service, who work with state wildlife agencies annually to establish hunting regulations and closed seasons based on science and data. While states and Native American tribes can put additional restrictions on migratory bird hunting, the Secretary of the Interior has the ultimate authority for setting closed hunting seasons for migratory birds protected under the MBTA.