MIGRATORY BIRD TREATY ACT
Most birds in the United States are protected under the Migratory Bird Treaty Act (MBTA) which protects all native migratory birds, as well as their eggs, nests, and feathers.
There are two other laws that are applicable to a smaller number of birds:
Endangered Species Act – Protects bird species that are listed as threatened or endangered and their habitats. In Washington there are only three bird species that are protected under the Endangered Species Act: the Marbled Murrelet, Northern Spotted Owl, and Western Snowy Plover.
Bald and Golden Eagle Protection Act – Protects bald eagles and golden eagles and their nests.
What should I know about the MBTA?
There are 1,010 bird species in the U.S. that are currently protected by the MBTA. The list is revised periodically to reflect in taxonomic, nomenclature, and rangechanges.
In Washington, pigeons (rock doves), European starlings, and English house sparrows are the only species that are not protected under the MBTA.
The MBTA is administered by the Department of Interior, U.S. Fish and Wildlife Service.
The MBTA states that:
Unless and except as permitted by regulations, it is unlawful to pursue, hunt, take, capture or kill; attempt to take, capture or kill; possess, offer to or sell, barter, purchase, deliver or cause to be shipped, exported, imported, transported, carried or received any migratory bird, part, nest, egg or product, manufactured or not.
The term “take” is defined by the U.S. Fish and Wildlife Service as pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt any of these activities.
The MBTA does not protect bird habitat.
Does the MBTA prohibit hunting ducks, geese, and other gamebirds?
No, the MBTA allows the Secretary of the Interior to adopt regulations regarding hunting. Hunting of waterfowl and gamebirds is a permitted activity and is governed by state as well as federal laws.
How does the MBTA regulate other activities that impact birds?
It is possible to get permits for scientific collecting, banding and marking, falconry, raptor propagation, depredation, import, export, taxidermy, waterfowl sale and disposal, and special purposes.
What is the penalty for violating the MBTA?
The MBTA is a strict liability law, which means that there does not need to be any proof of intent. Violations are misdemeanors and subject to a fine of up to $500, jail up to six months, or both. Anyone who knowingly takes a migratory bird and intends to, offers to, or actually sells or barters the bird is guilty of a felony, with fines up to $2,000, jail up to two years, or both.
In theory, any bird killed without a hunting license or other required permit is a violation of the MBTA. However, the courts have generally held that birds killed in the course of pursuing otherwise legal activities, such as hitting a bird while driving a car or destroying a nest while logging, are not violations of the MBTA. In general, the U.S. Fish and Wildlife Service focuses enforcement actions on companies that have acted with disregard of their actions and the law, especially when conservation methods have been developed but not implemented.
Who should be contacted to report a possible violation?
The local office of U.S. Fish and Wildlife Law Enforcement (OLE) Special Agents is in Redmond, Washington: (425) 883-8122.