INTRODUCTION

The purpose of this paper is to examine the major issues facing migratory bird
conservation programs in North America and the challenges that complicate the
delivery of conservation solutions. For definition purposes, North America
includes Mexico, the United States and Canada only because these countries have
recently developed mechanisms for cooperation on bird conservation; we
recognize that the North American continent includes many other nations of
importance to migratory birds whose bird conservation perspectives are not
reported here. Migratory bird programs have many important characteristics
among nature programs that tend to keep them at the forefront of conservation:

Bird conservation is reflected in national or higher level legislation and

jurisdiction. This is partly because birds are highly migratory, and so cannot be
dealt with effectively by more local levels of government.

Many international conservation fora have been established for birds because
cooperation among the nations that share species through the annual migratory
cycle is needed.

Biological information on birds is relatively good. This fact owes much to the
flying ability of birds which gives them some freedom from attack by mammals
(such as people). As a consequence, birds can afford to advertise their presence
through attractive plumages and vocalizations that not only provide for ease of
study but also create fondness for the species by people.

Birds attract strong public interest for their beauty and cultural value, and also
for their ecology and as food. Birds have high vagility, and therefore high value as
ecological indicators in effect, birds reflect the current state of habitats better
than most other organisms because they have freedom of movement. Bird

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conservation faces powerful challenges. Before the sixteenth century, natural
forces, combined with sometimes very significant land-use factors wielded by the
indigenous people of North America, had operated on birds with positive and
negative population effects that resulted in a particular distribution of birds across
the continent. This situation is tempting to consider as a target for conservation
because modern anthropogenic factors were absent. Although birds face many
new population pressures, it is not always easy to determine which are significant.
Birds occur in every North American ecological region, and so they can be
affected by almost every kind of economic activity. As favoured species for
conservation, birds can be used in arguments against many societal undertakings,
sometimes with little regard for evidence of effects on bird populations. Scientific
studies of birds along with solid monitoring programs are needed to determine
which factors must most urgently be addressed by bird conservation programs.
However, what should conservation programs do in the absence of scientific
certainty? Factors that could be used to model population change in birds include
natural processes, land use, water use, climate change, invasive species,
environmental contaminants, and harvest (from Mac et al. 1998). An effective
science-based program should attempt to quantify such factors in the context of
their impact on birds. Without complete information, progress can still be made
by assessing the potential scale of impact and developing habitat oriented
approaches that have promise in softening anthropogenic effects for incompletely
predicted benefit of birds and other natural resources. If very general habitat
approaches are not at the outset sufficiently tied to research on birds, or, as is
more often the case, if some scientific understanding is in place but it develops
more slowly than habitat project work, bird conservation managers should be
looking for improved scientific validation of work underway on an ongoing basis:
the underlying philosophy of adaptive management. North Americans are
developing a framework for bird conservation, the North American Bird

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Conservation Initiative. More recently, both the U.S. Fish and Wildlife Service
(2004) and the Canadian Wildlife Service (in prep.) have drafted strategic plans
for migratory birds. These planning efforts help us to propose the general
framework for a national bird conservation program that incorporates the
following: science (knowing the status of birds, what is affecting their
populations, and how to mitigate adverse effects), legislation and policy
(government tools for promoting and compelling protective actions for birds and
their habitats), habitat (ensuring natural spaces are available where birds can carry
out their lives), and international considerations (coordinate conservation efforts
so that population sustainability is not threatened by failure in non-participating
nations)1

What are migrating birds?

Avian migration is a natural process, whereby different birds fly over distances of
hundreds and thousands of kilometers in order to find the best ecological
conditions and habitats for feeding, breeding and raising their young. When the
conditions at breeding sites become unfavorable due to low temperatures,
migratory birds fly to regions where conditions are better.

There are many different migration patterns. The majority of birds migrate from
northern breeding areas in the summer, to southern wintering grounds. However,
some birds breed in southern parts of Africa and migrate to northern wintering
grounds, or horizontally, to enjoy the milder coastal climates in winter. Other

1
Canadian Wildlife Service (in prep.). Migratory Bird Program Plan. Canadian Wildlife Service,
Gatineau, Quebec

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birds migrate in terms of altitude, moving higher up a mountain in summer, and
residing on lowlands during the winter months.2

Migratory birds have the perfect morphology and physiology that enables them to
fly fast and across long distances. However, their journey is often an exhausting
one during which they go to their limits. The Red Knot for example, a 24 cm long
wader weighing of around 220 g, breeds in Siberia and overwinters on the west
coast of Africa, some even going down to South Africa. During its migration it
loses nearly half of its body weight. Migratory birds therefore rarely fly to their
destination non-stop but interrupt their journey frequently to rest and feed, or to
sit out a spell of bad weather. Exactly how migrating birds find their flyways is
not fully understood. Recent experiments indicate that they orientate along the
Earth's magnetic field via special light receptors located in their eyes.

The symbolic meaning of birds and their journeys

Humans have always been fascinated and inspired by the phenomenon of bird
migration. In ancient Greece the bird of Athena represented the renewal of life. A
dove, with an olive branch in its beak, returned to Noah's ark to announce the end
of the deadly flood. The dove has remained a symbol of peace and hope. During
the era of the Pharaohs in Egypt, the falcon had protective powers and was linked
to royalty. For the Native Americans birds had different meanings, but always
positive and linked to the concepts of unity, freedom, community, safe return,
love and celebration of life.

In dreams birds embody fantasy, ideas and thoughts. The image of a flying bird is
immediately connected with lightness and freedom, hence the expression free as
a bird. Many people associate flocks of migrating birds in the typical V-like

2
Carrera, E. & de la Fuente, G. 2003. Inventario y clasificatin de humedales en Mxico. Parte 1.
Ducks Unlimited de Mxico, A.C. Mxico

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alignment with the change of season, but also with perfection, beauty and
harmony. Until the 18th century people believed that swallows sank in mires at
the beginning of autumn and appeared again as amphibians in the following
spring. And still today some parents mark their houses with painted storks to
indicate that a new baby has been born.

In almost all cultures, flocks of birds have announced the arrival of spring for
centuries, and the yearly rebirth of nature associated with it. The social acceptance
of birds as messengers of life was accompanied by the knowledge that migration
had an important role to play in ecosystem functioning.

Why migratory birds need to be protected?

Many bird species migrate in order to survive. However, migration is a perilous

journey and involves a wide range of threats. Only a small number of birds are
actually threatened by natural events. Sad but true, human activities are the source
for most dangers migrating birds are exposed to. And as diverse as people and
their habits in different countries are, so are threats the birds face.3

The loss of habitats due to pollution or exploitation caused by encroachment for

settlement, agriculture, grazing etc. is the main threat migrating birds face, as they
are dependent on finding suitable breeding and wintering grounds as well as
stopover sites along their flyways where they can rest and feed. The loss of any of
these sites used by the birds during their annual cycle could have a dramatic
impact on the birds chances of survival. Also, high-voltage power lines and wind
turbines have a dramatic impact on birds, which are in danger of being killed by

3
Mac, M.J., Opler, P.A., Puckett Heaker, C.E. & Doran, P.D. 1998. Status and trends of the
nations biological resources. Two volumes. U.S. Department of the Interior, U.S. Geological
Survey, Reston, Virginia.

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electrocution or collision. Poaching remains widely practised in countries where
people are highly dependent on biodiversity for their livelihoods.

These are only a few examples and often a substantial decrease in population
numbers within a species is the result of a combination of such factors. It is
therefore hard to identify which individual factor poses the greatest threat.

Flying over long distances involves the crossing many international borders and
entering different political areas with their own environmental politics, legislation
and conservation measures. It is evident that international cooperation between
governments, NGOs and other stakeholders is required along the entire flyway of
a species in order to share knowledge and to coordinate conservation efforts.

Without national and international cooperation all measures taken to tackle the
threats to migratory birds in one country could be in vain if for example
unsustainable taking is accepted in another country. The necessary legal
framework and coordinating instruments for such international cooperation is
provided by international agreements such as CMS and AEWA.

World Migratory Bird Day has a global outreach and is an effective tool for the
international community to help raise awareness on the threats faced by migratory
birds, their ecological importance, and the need for international cooperation to
conservation them.4

HISTORICAL BACKGROUND

One hundred years ago, amid the chaos of World War I, President Woodrow
Wilson and King George V of Great Britain turned their attention to a surprising

4
Manville, A.M., II. 2005. Bird Strikes And Electrocutions At Power Lines, Communication Towers,
And Wind Turbines: State Of The Art And State Of The Science Next Steps Toward Mitigation.
USDA Forest Service General Technical Report PSW-GTR-191.

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issue: protecting migratory birds. On August 16, 1916 they signed the Migratory
Bird Treaty, a landmark conservation agreement. The treaty and the Migratory
Bird Treaty Act, which wrote its provisions into US law, protected more than
1,100 migratory bird species by making it illegal to pursue, hunt, take, capture,
kill or sell live or dead birds, feathers, eggs and nests, except as permitted through
hunting regulations for game birds.

Why did migratory birds warrant so much attention? Hunters were decimating
bird populations across North America (King George signed the treaty
representing Canada). Some 5 million birds, especially waterbirds like egrets and
herons, were dying yearly to provide feathers to adorn hats. The last known
passenger pigeon had died just two years earlier at the Cincinnati Zoo. Fearing
that other species would meet the same fate, national leaders took action.

Today we know much more than early conservationists did about the value of
birds. Healthy bird populations provide valuable ecosystem services:
They pollinate crops and help plants grow by dispersing seeds and preying on
insects.

Migratory birds also contribute billions of dollars to the US economy alone

through recreational activities like hunting and birdwatching. And they connect us
with nature, especially through the dazzling spectacle of migration.

We also know that they face many threats. International cooperation under the
Migratory Bird Treaty and subsequent agreements virtually halted the plume trade
and most unregulated harvest, but today habitat loss, invasive species, pollution
and collisions with buildings and other structures are taking heavy tolls on many
species. Everything we learn about how widely migratory birds range around the
globe underlines the need for coordinated international action to protect birds
across borders.

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GLOBAL CITIZENS

Migratory birds dont recognize international boundaries. In one year, an

individual warbler may spend 80 days in the boreal forests of Canada, 30 days in
the United States at resting and refueling sites during migration, and over 200
days in Central America.

At the Cornell Lab of Ornithology we have constructed maps

and animations using data collected by volunteers for eBird, the worlds fastest-
growing biodiversity database. These resources illustrate how migratory birds
connect countries. In the figure below, which tracks 118 species that breed in
North America, we see that they spend the year in locations that span the Western
Hemisphere.5

Migration pathways for populations of 118 migratory birds species within the
Western Hemisphere from 20022014, based on data from eBird. La Sorte, F. A.,
D. Fink, W. M. Hochachka, and S. Kelling. 2016. Convergence of broad-scale
migration strategies in terrestrial birds. The eastern-breeding Magnolia Warbler,
for example, spends winters in areas in the Yucatan Peninsula and Central
America that are fractions of the size of its breeding range. Seeing how densely
these birds are clustered in their winter habitat shows us that each acre of that
territory is more important to their survival than we ever realized.Breeding,
migration and winter abundance of the Magnolia Warbler based on complex
computer models using millions of citizen-science observations contributed to
eBirds.6Similarly, most populations of the western-breeding Western
Tanager overwinter in Mexico. By identifying where bird populations winter in
this way, we can better target conservation actions to protect species throughout

5
Proceedings of the Royal Society B: Biological Sciences 283:20152588.
6
State of North American Bird report

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their annual cycles.Year-round abundance map for the Western Tanager based on
computer models using eBird data.7

Strategies for the next century

International cooperation to conserve migratory birds takes many forms, from

agreements restricting trade in certain species to partnerships that address specific
challenges. The most important threats to migratory birds today are loss and
degradation of habitat, which can be caused by land conversion for example,
clearing forests for farming or by climate change. Because migratory birds rely
on so many different locations from season to season, joint efforts to protect
habitat are especially important and urgent.

Earlier this year, an international team of scientists associated with the North
American Bird Conservation Initiative published the State of North American
Birds report, assessing the conservation status of 1,154 birds across Canada, the
United States and Mexico. The findings were sobering: Over one-third of all
North American bird species are at risk of extinction without meaningful
conservation action.

Birds associated with oceans and tropical and subtropical forests year-round are in
the most dire straits. More than half of North American seabirds are declining due
to pollution, unsustainable fishing, energy extraction, pressure from invasive
species and climate change. Birds that rely on coasts, arid lands and grasslands
also are in serious decline.

There are no easy solutions, in part because successful conservation efforts must
reach across countries to all of the places birds touch over the course of a year.

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State of North American Birds Report

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But new science is supporting these efforts. Through transformational citizen
science projects like eBird, we are developing vast data sets to help pinpoint
where conservation action should focus and, consequently, where we need to
find partners in the places where birds breed, overwinter and stop over during
migration.

Many bird conservation groups and government agencies are paving the way
forward. As examples, they have formed international teams to eradicate invasive
predators on islands that are critical to breeding seabirds, and drafted
multinational agreements to clean up large floating mats of garbage in our seas
that can choke, trap or poison seabirds and other animals. A dead albatross on
Midway Atoll in the North Pacific with plastic waste in its stomach.8

They come together in organizations like the Western Hemisphere Shorebird

Reserve Network, which is working to protect nearly 100 key migratory shorebird
sites from Alaska to Tierra del Fuego. And they engage decision-makers so that
legislation like the U.S. Farm Bill includes programs to help landowners conserve
habitat.

Bird conservation is also about people. Many nonprofit groups, such as

the American Bird Conservancy, work with in-country partners to develop
practices that meet local community needs while conserving bird habitat.
Approaches like this are an essential part of conservation, especially in working
landscapes that support already struggling communities.

At a time when political divisions dominate the news, the Migratory Bird Treaty
and subsequent international collaborations show the power of countries acting

8
Chris Jordan, U.S. Fish and Wildlife Service/Flickr.

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together. Birds are a shared resource among nations, and where we have acted, we
have successfully protected migratory birds and the habitat they depend on.

SCIENCE ISSUES

To understand the issues that arise in science, it is useful to begin with a simple
version of a bird conservation program designed to make appropriate use of
science. Assuming a system that begins with the designation of conservation
categories for species, there should be bird population monitoring sufficient to
assign all species to the correct conservation categories, and make sure that
category changes are detected within a reasonable timeframe. Research should be
sufficient for understanding the requirements of priority species, and to allow
development of conservation actions oriented to those species and their habitats.
Although this is simply put, the research supporting conservation actions may
require significant socio-economic components. Science is also required for
evaluation, development of new models, structured learning, and revision of
plans. It is difficult to predict all the issues that will arise in bird conservation
science. This is partly because of the wide range of scientific disciplines that may
be applied to problems about birds, and partly because the natural environment
poses such a wide range of questions. Nevertheless, a number can be described.
Population monitoring provides a basis for bird conservation. We know that there
are currently monitoring failures, and this is an issue that reduces the quality of
program delivery. For example, we have poor knowledge of the status of rails
(Rallidae) and other, similar marsh species. The issue becomes the need to
establish adequate monitoring systems. Nocturnal species, boreal species, and
some tundra-nesting shorebirds are also outside the coverage of current bird
monitoring programs. Many issues arise in knowing what factors are reducing
populations, and in getting knowledge to drive conservation. For example, what is
limiting populations of the Loggerhead Shrike Lanius ludovicianus in Canada,

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and what can be done about it? What has been the population effect of West Nile
virus on North American birds? What design factors are important to reduce bird
collisions with buildings, wind turbines, and stationary towers? Are there
important sub-lethal effects from a wide range of contaminants present in the
environment of birds? Among the science issues, it is important to know that there
is currently a general lack of habitat monitoring in North America, and often only
rudimentary knowledge of how habitat variables that we can measure relate to
bird populations. There is growing recognition of ongoing failures in
communication of results and loss of scientific knowledge. Working against this
are advances in technology and use of the Internet for sharing information.
Sometimes it is possible to recover long-lost data from archives and bring them
back into use, as the Arctic Goose Joint Venture intends to do with a number of
century-old surveys of waterfowl that U.S. scientists carried out in Mexico. As
important as any other science issue is the need to use science to evaluate and
improve conservation programs. This lies at the heart of adaptive management. A
current example is the planned biological evaluation of the conservation
initiatives through the North American Waterfowl Management Plan.

LEGISLATIVE AND POLICY ISSUES

When migratory bird legislation was introduced in North American countries, the
immediate conservation issues were excessive hunting, especially market hunting,
and collection of birds, feathers, nests, or eggs for personal use. Such practices
had already led to the extinction of some species. Therefore, although habitat
requirements for birds were recognized, the main thrust of regulatory tools dealt
with hunting and prohibitions against possession of birds. The migratory bird
treaties date from the first half of the twentieth century, but their overall intention,
the preservation of migratory birds, remains valid. Things have changed since the
original treaties were developed. Additional legislative tools are available such as

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those that deal with endangered species and requirements for environmental
assessments of new development and activities on the landscape. Governments
are also increasingly committing themselves to conservation approaches through
various international agreements for wildlife and habitat. An example of the latter
is the Ramsar Convention on Wetlands. Unfortunately, human impacts on birds
have accelerated, so that the indirect take of birds, as described below, now
numbers in the many millions and is becoming an issue of high priority for North
American governments. Among the legislative issues facing us, we feel that three
should be highlighted from the current perspective: forestry management systems
need to support sustained populations of forest birds; agricultural programs need
to encourage preservation of threatened bird habitats such as wetlands and native
grasslands; and governments need effective tools to manage the incidental take of
birds caused by economic or industrial activity. Examples of the latter include the
occurrence of birds oiled at sea and the damage to bird populations as a result of
fishing and forestry practices. HABITAT AND CONSERVATION ISSUES
When assessing conservation from a risk or assessment point of view, it is almost
impossible to remove the role of habitat. Among the conservation issues affecting
birds, there is such a wealth of possible risks, combined with a lack of information
about how the risks could affect the sustainability of bird populations, that it is not
possible to provide rankings. Wetlands continue to disappear, old growth forests
and native prairies are shrinking. Habitat quality is under threat from overuse,
pollution, and disturbance by exotic species. Increased contaminants including
airborne global pollutants are finding their way into even those ecosystems quite
recently thought to be pristine. At the risk of being unspecific, we note the
following list of issues that are active concerns because of their potential impact
on birds:

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 Habitat loss and nest destruction Expansion of farms, urban development;
transportation and other linear development Wetland drainage and modification
Unplanned consequences of fire management, livestock management, shrimp
farming, tourism development, salt extraction, energy development, mining,
aquaculture and many other human activities

Contaminants Oil at sea and oil tailings and production spills Pesticides
Lead from fishing and hunting Hazardous industrial wastes

Introduced predators, competitors or diseases

Environmentally triggered diseases (botulism)

Physical threats - entanglement in fishing gear, collisions

Hunting taking place outside conservation frameworks Wetlands in all parts of

the continent are of importance to a variety of species. Because the diversity of
activities that occur near wetlands and wetland types are richer in Mexico, we
have chosen to summarize the wetland issues in that country as an example of the
diverse challenges for conservation in these habitats. The following issues were
extracted from Inventory of Mexican Wetlands (Carrera & de la Fuente 2003):
stream flow reduction by reservoirs, sedimentation, salt extraction industries,
shrimp farming, tourism development, agricultural expansion, contamination,
extraction of water for other uses, and drainage for reclamation. One of the more
quantitative recent works on conservation issues for birds was the review of the
extent that birds may be affected by collisions and electrocutions associated with
man-made objects in the United States (Manville 2005). Estimates were reported
for vehicles strikes (107 birds), building and window collisions (107 - 108 birds),
smoke stack casualties (104 - 105 birds), power line electrocutions (104 - 105
birds), power line impacts (105 - 107 birds), communication tower accidents (106

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- 107 birds), and wind turbine impacts (105 birds). This would amount to a total
mortality of 108 to 109 birds annually. This information was adapted from the
U.S. report; however, we state the results rounded to powers of 10, in recognition
of the difficulty in coming up with precise estimates of these problems. The take-
home message is that the cumulative impact of collisions is probably very
significant. The impact of climate change on birds is mostly predicted by models,
rather than having much evidence from direct results. That is why we can
hypothesize major impacts on the distribution and abundance of birds from
climate model predictions, while, at a species level, climate change is not often
identified as a current threat. Gross predictions of changes in moisture distribution
can be applied to landscapes and the birds that occur there. That is not to say that
the authors do not recognize the future threat of climate change on bird habitats,
but that there is generally a lack of sufficient information to characterize it for
particular bird species. INTERNATIONAL COORDINATION ISSUES The
creation of national boundaries across landscapes used by wildlife can impose
considerable challenges to wildlife that may encounter widely ranging differences
in land use depending on the country they are in. Economic status, government
structures and priorities, and differing cultural practices and values among other
factors will vary among countries and influence the availability and quality of
habitats for wildlife. Considerations for North American migratory birds include
the countries of the Western Hemisphere as well as countries across the Atlantic
and Pacific oceans that birds may access if originating at northern latitudes.
Communication and coordination are key elements of successful international
conservation efforts. For example, effective internationally coordinated
monitoring efforts for migratory birds will ensure that all countries in a species
range have access to information on distribution, abundance and trends. In
addition, international collaboration on monitoring will allow for discussion on

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how best to monitor species so that efforts are directed to the best locations and
times of year. Other key elements include:

Consistency among legal protection mechanisms

Access to international conservation resources for birds

Meeting the obligations for wetlands, and expansion of international focus

beyond wetlands. Conservation at a national level is often challenging in terms of
capacity to coordinate a variety of interests and participants (e.g. government and
non-governmental organizations); these challenges are multiplied when efforts
move into the international arena. There is a need in the Americas to bring
together governments and citizens to develop a framework for the conservation of
migratory wildlife among nations. Environment Ministers at the 2001 Summit of
the Americas in Quebec City recognized this and called for just such an effort.

PROTECTION TO MIGRATING BIRDS

Lacey Act (1900)

In the late 1800s, the hunting and shipping of birds to restaurants (to augment
their menus) and of birds feathers the millinery trade (to adorn ladies hats) took
a toll on the populations of many bird species. The numbers of Passenger Pigeons,
Eskimo Curlews, shorebirds, egrets and many other colonially nesting birds had
been decimated across the country. The Lacey Act (1900) prohibited game
(including birds) that had been taken illegally in one state from being shipped
across state lines contrary to the laws of the state where it had been taken. The
law was replaced by the Weeks-McClean Law of 1913.

Weeks-McClean Law (1913)

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The Weeks-McClean Law (1913) was intended to stop commercial hunting of
game (including birds) and the illegal shipment of migratory birds from one state
to another. The Act states that birds 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 therefore. The
law was replaced by the Migratory Bird Treaty Act of 1918.

Migratory Bird Treaty Act of 1918

The Migratory Bird Treaty Act of 1918 decreed that all migratory birds and their
parts (including eggs, nests, and feathers) were fully protected by law. The Act is
the domestic law that implements the four conventions (or treaties) between the
United States and Canada, Japan, Mexico and Russia for the protection of our
migratory bird resources. The four conventions protect the birds that occur in both
countries at some time during their annual cycle.

The original 1918 statute implemented the 1916 convention between the U.S. and
Great Britain (acting for Canada) for the protection of migratory birds. Later
amendments to the Act implemented migratory bird conventions with Japan,
Mexico, and the Soviet Union (now Russia).

Specific provisions included in the statute are:

Establishment of a Federal prohibition, unless permitted by regulations, to

"pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess,
offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship,
cause to be shipped, deliver for transportation, transport, cause to be
transported, carry, or cause to be carried by any means whatever, receive
for shipment, transportation or carriage, or export, at any time, or in any
manner, any migratory bird, included in the terms of this Convention . . .

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 for the protection of migratory birds or any part, nest, or egg of any such
bird." (16 U.S.C. 703)

Authority for the Secretary of the Interior to determine, periodically,

when, consistent with the Conventions, "hunting, taking, capture, killing,
possession, sale, purchase, shipment, transportation, carriage, or export of
any . . .bird, or any part, nest or egg" could be undertaken and to adopt
regulations for this purpose. These determinations are to be made based on
"due regard to the zones of temperature and to the distribution, abundance,
economic value, breeding habits, and times of migratory flight." (16
U.S.C. 704)

A decree that domestic interstate and international transportation of

migratory birds which are taken in violation of this law is unlawful, as
well as importation of any migratory birds which are taken in violation of
Canadian laws. (16 U.S.C. 705)

Authority for Interior officials to enforce the provisions of this law,

including seizure of birds illegally taken which can be forfeited to the U.S.
and disposed of as directed by the courts. (16 U.S.C. 706)

Establishment of fines for violation of this law, including misdemeanor

charges. (16 U.S.C. 707)

Authority for States to enact and implement laws or regulations to allow

for greater protection of migratory birds, provided that such laws are
consistent with the respective Conventions and that open seasons do not
extend beyond those established at the national level. (16 U.S.C. 708)

A repeal of all laws inconsistent with the provisions of this Act. (16
U.S.C. 710)

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 Authority for the continued breeding and sale of migratory game birds on
farms and preserves for the purpose of increasing the food supply. (16
U.S.C. 711)

Subsequent amendments to the 1918 Act include:

The 1936 statute implemented the Convention between the U.S. and
Mexico for the Protection of Migratory Birds and Game Mammals.
Migratory bird import and export restrictions between Mexico and the
U.S. were also authorized, and in issuing any regulations to implement this
section, the Secretary of Agriculture was required to consider U.S. laws
forbidding importation of certain mammals injurious to agricultural and
horticultural interests. Monies for the Secretary of Agriculture to
implement these provisions were also authorized.

The 1960 statute (P.L. 86-732) amended the MBTA by altering earlier
penalty provisions. The new provisions stipulated that violations of this
Act would constitute a misdemeanor and conviction would result in a fine
of not more than $500 or imprisonment of not more than six months.
Activities aimed at selling migratory birds in violation of this law would
be subject to fine of not more than $2000 and imprisonment could not
exceed two years. Guilty offenses would constitute a felony. Equipment
used for sale purchases was authorized to be seized and held, by the
Secretary of the Interior, pending prosecution, and, upon conviction, be
treated as a penalty.

Section 10 of the 1969 amendments to the Lacey Act (P.L. 91-135)

repealed the provisions of the MBTA prohibiting the shipment of wild

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 game mammals or parts to and from the U.S. or Mexico unless permitted
by the Secretary of the Interior. The definition of "wildlife" under these
amendments does not include migratory birds, however, which are
protected under the MBTA.

The 1974 statute (P.L. 93-300) amended the MBTA to include the
provisions of the 1972 Convention between the U.S. and Japan for the
Protection of Migratory Birds and Birds in Danger of Extinction. This law
also amended the title of the MBTA to read: "An Act to give effect to the
conventions between the U.S. and other nations for the protection of
migratory birds, birds in danger of extinction, game mammals, and their
environment."

Section 3(h) of the Fish and Wildlife Improvement Act of 1978 (P.L. 95-
616) amended the MBTA to authorize forfeiture to the U.S. of birds and
their parts illegally taken, for disposal by the Secretary of the Interior as he
deems appropriate. These amendments also authorized the Secretary to
issue regulations to permit Alaskan natives to take migratory birds for
their subsistence needs during established seasons. The Secretary was
required to consider the related migratory bird conventions with Great
Britain, Mexico, Japan, and the Soviet Union in establishing these
regulations and to establish seasons to provide for the preservation and
maintenance of migratory bird stocks.

Public Law 95-616 also ratified a treaty with the Soviet Union specifying
that both nations will take measures to protect identified ecosystems of

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 special importance to migratory birds against pollution, detrimental
alterations, and other environmental degradations. (See entry for the
Convention Between the United States of America and the Union of
Soviet Socialist Republics Concerning the Conservation of Migratory
Birds and Their Environment; T.I.A.S. 9073; signed on November 19,
1976, and approved by the Senate on July 12, 1978; 92 Stat. 3110.)

Public Law 99-645, the 1986 Emergency Wetlands Resources Act,

amended the Act to require that felony violations under the MBTA must
be "knowingly" committed.

P.L. 105-312, Migratory Bird Treaty Reform Act of 1998, amended the
law to make it unlawful to take migratory game birds by the aid of bait if
the person knows or reasonably should know that the area is baited. This
provision eliminates the "strict liability" standard that was used to enforce
Federal baiting regulations and replaces it with a "know or should have
known" standard. These amendments also make it unlawful to place or
direct the placement of bait on or adjacent to an area for the purpose of
taking or attempting to take migratory game birds, and makes these
violations punishable under title 18 United States Code, (with fines up to
$100,000 for individuals and $200,000 for organizations), imprisonment
for not more than 1 year, or both. The new amendments require the
Secretary of Interior to submit to the Senate Committee on Environment
and Public Works and the House Committee on Resources a report
analyzing the effect of these amendments and the practice of baiting on
migratory bird conservation and law enforcement. The report to Congress
is due no later than five years after enactment of the new law.

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 P.L. 105-312 also amends the law to allow the fine for misdemeanor
convictions under the Migratory Bird Treaty Act to be up to $15,000
rather than $5000.

Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712; Ch. 128; July 13, 1918;
40 Stat. 755) as amended by: Chapter 634; June 20, 1936; 49 Stat. 1556; P.L. 86-
732; September 8, 1960; 74 Stat. 866; P.L. 90-578; October 17, 1968; 82 Stat.
1118; P.L. 91-135; December 5, 1969; 83 Stat. 282; P.L. 93-300; June 1, 1974; 88
Stat. 190; P.L. 95-616; November 8, 1978; 92 Stat. 3111; P.L. 99-645; November
10, 1986; 100 Stat. 3590 and P.L. 105-312; October 30, 1998; 112 Stat. 2956
The United States is party to other international treaties that provide special
protection to birds including:

The Ramsar Convention or the Convention on Wetlands of International

Importance Especially as Waterfowl Habitats.

The Antarctic Treaty, which is designed to protect the native birds,

mammals, and plants of the Antarctic.

CITES or the Convention on International Trade in Endangered Species

of Wild Fauna and Flora.

The Pan American Convention or the Convention on Nature Protection

and Wildlife Preservation in the Western Hemisphere.

The Duck Stamp Act, Wetlands Loan Act, Emergency Wetlands Resources
Act, Migratory Bird Conservation Act, Waterfowl Depredations Prevention
Act, Fish and Wildlife Conservation Act, Wild Bird Conservation Act and
North American Wetlands Conservation Act also serve to protect birds.

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