Sunday, February 09, 2020

Now is a good time as any to introduce a very valuable international law.

Migrating birds are international flyers. They are so important to countries there is a law to protect them.

The Migratory Bird Treaty Act (click here) makes it illegal to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts*, nests, or eggs of such a bird except under the terms of a valid Federal permit. Migratory bird species protected by the Act are listed in 50 CFR Parts 10 and 21 (click here).

The law is not a fly by night law. It has been tested in the US Supreme Court.

Missouri v. Holland, 252 U.S. 416 (1920) (click here)

Mr. J.G.L. Harvey and Mr. John T. Gose, Assistant Attorney General of the State of Missouri, with whom Mr. Frank W. McAllister, Attorney General of the State of Missouri, was on the brief, for appellant.

The Solicitor General and Mr. Assistant Attorney General Frierson for appellee.

Mr. Louis Marshall, by leave of court, filed a brief as amicus curiae, in behalf of the Association for the Protection of the Adirondacks (click here).

MR. JUSTICE HOLMES delivered the opinion of the court....

Discover the Adirondacks Unique Beauty, Diverse Ecology and Historic Legacy (click here)

There are 1606 (click here) named mountains in Adirondack Mountains. The Adirondack Mountains, nicknamed the Adirondacks, extend from the St. Lawrence River Valley to the Mohawk River Valley in northeastern New York.

Ten Most Adventuous Things To Do in the Adirondack Mountains (click here).

Basically, the MBTA (Migratory Bird Treaty Act) protects migrating species of birds. 

...On December 8, 1916, a treaty between the United States and Great Britain was proclaimed by the President. It recited that many species of birds in their annual migrations traversed certain parts of the United States and of Canada, that they were of great value as a source of food and in destroying insects injurious to vegetation, but were in danger of extermination through lack of adequate protection. It therefore provided for specified close seasons and protection in other forms, and agreed that the two powers would take or propose to their law-making bodies the necessary measures for carrying the treaty out. 39 Stat. 1702. The above mentioned Act of July 3, 1918, entitled an act to give effect to the convention, prohibited the killing, capturing or selling any of the migratory birds included in the terms of the treaty except as permitted by regulations....

Audubon:

Migratory Bird Treaty Act (click here) is America’s most important bird protection law. Passed in 1918 with the support of Audubon advocates and other early conservationists, the Migratory Bird Treaty Act (MBTA) protects nearly all of our country’s native birds. The law carries out the 1916 Migratory Bird Treaty with Canada, and later treaties signed with Mexico, Japan, and Russia, in order to protect our nation’s shared bird species. The MBTA is credited with saving numerous species from extinction, such as the Snowy Egret, Wood Duck, and Sandhill Crane, and millions, if not billions of other birds.

Yet, even as we celebrate 100 years of the law in 2018—the Year of the Bird—the MBTA has come under attack. The Trump administration announced an interpretation of the MBTA that would give a free pass for all bird deaths from industrial activities, and similar legislative proposals have been advanced in Congress.

To help defend the Migratory Bird Treaty Act, read on below to find links with more information, read our one-pager on how the MBTA and industry can work together, or check out our fact sheet. Visit our action page to write to Congress and the administration, and consider writing a Letter to the Editor of your local paper.