The Migratory Bird Treaty or Convention is an environmental treaty between Canada and the United States. It was originally signed on 16 August 1916 by the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

and the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

(representing

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

), entered into force on 6 December 1916 and has since been amended several times.

Implementation

This treaty led to important environmental legislation being passed in each of the two countries in order to implement the terms of the treaty.

Implementation in Canada

The Migratory Birds Convention Act (also MBCA) is a Canadian law established in 1917 and significantly updated in June 1994 which contains regulations to protect

migratory birds Bird migration is a seasonal movement of birds between breeding and wintering grounds that occurs twice a year. It is typically from north to south or from south to north. Migration is inherently risky, due to predation and mortality. The ...

, their eggs, and their nests from

hunting Hunting is the Human activity, human practice of seeking, pursuing, capturing, and killing wildlife or feral animals. The most common reasons for humans to hunt are to obtain the animal's body for meat and useful animal products (fur/hide (sk ...

trafficking Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations. More broadly, soc ...

and commercialization. A permit is required to engage in any of these activities. One major outcome of the act was the creation of Federal Migratory Bird Sanctuaries (MBSs).

Implementation in the United States

Under

United States Code The United States Code (formally The Code of Laws of the United States of America) is the official Codification (law), codification of the general and permanent Law of the United States#Federal law, federal statutes of the United States. It ...

Title 16, Chapter 7, Subchapter II, the

Migratory Bird Treaty Act of 1918 The Migratory Bird Treaty Act of 1918 (MBTA), codified at (although §709 is omitted), is a United States federal law, first enacted in 1918 to implement the convention for the protection of migratory birds between the United States and Canada. ...

is the United States legislation implementing the convention between the U.S. and Great Britain (for Canada). It replaced the Weeks-McLean Act, which had become effective in 1913 though faced constitutional challenges. The Migratory Bird Treaty Act was also challenged in the case ''

Missouri v. Holland ''Missouri v. Holland'', 252 U.S. 416 (1920) is a United States Supreme Court case concerning the extent to which international legal obligations are incorporated into federal law under the United States Constitution.. The case centered on the ...

'' and the supremacy of ratified international treaties gave it additional protection. The United States subsequently entered into similar agreements with four other nations (

Mexico Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...

Japan Japan is an island country in East Asia. Located in the Pacific Ocean off the northeast coast of the Asia, Asian mainland, it is bordered on the west by the Sea of Japan and extends from the Sea of Okhotsk in the north to the East China Sea ...

and

Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...

) to protect

migratory bird Bird migration is a seasonal movement of birds between breeding and wintering grounds that occurs twice a year. It is typically from north to south or from south to north. Migration is inherently risky, due to predation and mortality. Th ...

s. The statute makes it unlawful to pursue, hunt, take, capture, kill or sell birds listed therein ("migratory birds"). The statute does not discriminate between live or dead birds and also grants full protection to any bird parts including feathers, eggs and nests. Over 800 species are currently on the list.George Cameron Coggins, and Sebastian T. Patti. "The Resurrection and Expansion of the Migratory Bird Treaty Act." ''U. Colorado Law Review'' 50 (1978): 165+. The statute is broken down into ten sections, 703 through 712 (16 U.S.C. 703 through 712). Note that § 709 is omitted, but § 709a ''Authorization of appropriations'' is included and active, making eleven listed sections (including § 709 ''Omitted'').

References

{{reflist 1916 in Canada 1916 in American law Canada–United States treaties Environmental treaties Treaties concluded in 1916 Treaties entered into force in 1916 Bird conservation 1916 in the environment Treaties of the United States Treaties of the United Kingdom (1801–1922) Treaties extended to Canada Animal treaties United Kingdom–United States treaties Wildlife law in the United States Bird migration

Implementation

Implementation in Canada

Implementation in the United States

See also

References