A fairly large number of international treaties and domestic laws have been enacted that provide protection for migratory birds. To help put the legal authorities into perspective, we have categorized them as primary and secondary authorities. Primary authorities are international conventions and major domestic laws that focus primarily on migratory birds and their habitats. Secondary authorities are broad-based domestic environmental laws that provide ancillary but significant benefits to migratory birds and their habitats.
For purposes of discussion, it is helpful to group the primary authorities of the United States for migratory birds into those that protect bird populations (primarily) and those that protect bird habitats.
By the late 1800s, the hunting and shipment of birds for the commercial market (to embellish the platters of elegant restaurants) and the plume trade (to provide feathers to adorn lady's fancy hats) had taken their toll on many bird species. Passenger pigeons, whose immense flocks had once darkened the skies, were nearing extinction. Populations of the Eskimo curlew and other shorebirds had been decimated. The snowy egret and other colonial-nesting wading birds had been reduced to mere remnants of their historical populations. The Lacey Act (passed on May 25, 1900) prohibited game taken illegally in one state to be shipped across state boundaries contrary to the laws of the state where taken. The Lacey Act has become a very effective tool for enforcing the wildlife protective laws of the States and the Federal government (a detailed synopsis is available). However, in the early years of the 20th century the Act was ineffective in stopping interstate shipments, largely because of the huge profits enjoyed by the market hunters and the lack of officers to enforce the law. These early failures of the Lacey Act led to passage of the Weeks-McLean Law.
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The Weeks-McLean Law (which became effective on March 4, 1913) was designed to stop commercial market hunting and the illegal shipment of migratory birds from one state to another. The Act boldly proclaimed that:
All wild geese, wild swans, brant, wild ducks, snipe, plover, woodcock, rail, wild pigeons, and all other migratory game and insectivorous birds which in their northern and southern migrations pass through or do not remain permanently the entire year within the borders of any State or Territory, 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 therefor.
The Weeks-McLean Law rested on weak constitutional grounds, having been passed as a rider to an appropriation bill for the Department of Agriculture, and it was soon replaced by the Migratory Bird Treaty Act of 1918.
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Following close on the heels of the Lacey Act and the Weeks-McLean Law, the framers of the Migratory Bird Treaty Act were determined to put an end to the commercial trade in birds and their feathers that, by the early years of the 20th century, had wreaked havoc on the populations of many native bird species.
The Migratory Bird Treaty Act decreed that all migratory birds and their parts (including eggs, nests, and feathers) were fully protected.
The Migratory Bird Treaty Act is the domestic law that affirms, or implements, the United States' commitment to four international conventions (with Canada, Japan, Mexico, and Russia) for the protection of a shared migratory bird resource. Each of the conventions protect selected species of birds that are common to both countries (i.e., they occur in both countries at some point during their annual life cycle). A List of Migratory Birds protected by the Migratory Bird Treaty Act is available.
For those desiring additional information on the Migratory Bird Treaty Act, a detailed synopsis is available. That section of the United States Code pertaining to the Migratory Bird Treaty Act can also be accessed.
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For synopses of the four migratory bird conventions, first jump to the List of Treaties and then, from the menu list that appears on your screen, click on the treaty or treaties of interest (your options will be Canada, Japan, Mexico, and the Soviet Union). A checklist of the species covered by each of the conventions is available at List of Migratory Birds.
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The relevance of this landmark legislation to migratory bird conservation needs little elaboration. For the curious, you can access the full text of the Endangered Species Act on-line. For the less curious but still interested, a detailed synopsis is available. For a full list of birds protected by the Endangered Species Act in the U.S., first click here then click on the bird icon that appears at the top of the screen. A checklist of the species protected by both the Endangered Species Act and the Migratory Bird Treaty Act is posted at List of Migratory Birds.
The Endangered Species Act is also the domestic law that confirms, or implements, the United States' commitment to two international treaties that contain important provisions for the protection of migratory birds:
CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora)
A detailed synopsis of the CITES convention is available. A checklist of the species covered by both the CITES and the Migratory Bird Treaty Act is posted at List of Migratory Birds.
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In additional to the conventions implemented by the Migratory Bird Treaty Act and the Endangered Species Act, the United States is party to two other international treaties that afford special protection to migratory birds.
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Formally known as the Migratory Bird Hunting and Conservation Stamp Act (passed in 1934), it provides a mechanism for generating money for the acquisition and protection of important migratory bird habitats. The habitat protection authorities of this Act have been significantly modified and strengthened in recent years by provisions of the Wetlands Loan Act (1961) and the Emergency Wetlands Resources Act (1986).
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Last Revised: 05/21/2002