MIGRATORY

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MIGRATORY BIRD LAWS
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WHY WERE MIGRATORY BIRDS THE FIRST CATEGORY OF
WILDLIFE CONGRESS CHOSE TO PROTECT?
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WEEKS-McLEAN ACT 1913
Migratory Bird Act Passed due to ineffectiveness
of Lacey Act
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WEEKS-McLEAN ACT
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.
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WEEKS-McLEAN ACT
Rested on weak constitutional grounds. Passed
as a rider to an appropriations bill.
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MIGRATORY BIRD TREATY WITH CANADA 1916
Convention Between the United States and Great
Britain (for Canada) for the Protection of
Migratory Birds.
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MIGRATORY BIRD TREATY WITH CANADA 1916
Established 3 groups of migratory birds 1.
Migratory game birds. Regulated hunting season.
Closed season from March 10 to September 1,
maximum of 3 1/2 months
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MIGRATORY BIRD TREATY WITH CANADA 1916
Established 3 groups of migratory birds 2.
Migratory insectivorous birds. No hunting
season.
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MIGRATORY BIRD TREATY WITH CANADA 1916
Established 3 groups of migratory birds 3.
Other migratory nongame birds. Certain types
may be taken by indigenous people for food and
clothing. But cant sell.
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MIGRATORY BIRD TREATY ACT OF 1918
Domestic law that affirms, or implements, the
U.S. commitment to the Canadian Convention (and
later 3 others).
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MIGRATORY BIRD TREATY ACT OF 1918
Domestic law that affirms, or implements, the
U.S. commitment to the Canadian Convention (and
later 3 others). Mexico 1936 Japan 1972 Soviet
Union 1976
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MIGRATORY BIRD TREATY ACT OF 1918
All migratory birds and their parts (including
eggs, nests, and feathers) were fully protected
except as noted.
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Missouri v. Holland 1920
Missouri filed restraint to prevent Ray Holland
(U.S. Game Warden) from enforcing the Migratory
Bird Treaty Act in the state.
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Missouri v. Holland 1920
U.S. contended that the treaty and implementing
legislation took precedence over conflicting
state laws. Supremacy Clause
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Missouri v. Holland 1920
But for the treaty and the statute there soon
might be no birds for any powers to deal with.
We see nothing in the constitution that compels
the government to sit by.. It is not sufficient
to rely upon the states. The reliance is vain.
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Missouri v. Holland 1920
Established beyond question the supremacy of the
federal treaty making power as a source of
authority for federal wildlife regulation.
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MIGRATORY BIRD TREATY ACT
Most violations are misdemeanors.
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MIGRATORY BIRD TREATY ACT
Most violations are misdemeanors. Punishable by
fine of lt500, imprisonment for lt6 months or
both.
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MIGRATORY BIRD TREATY ACT
Most violations are misdemeanors. Punishable by
fine of lt500, imprisonment for lt6 months or
both. Strict Liability
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MIGRATORY BIRD TREATY ACT
Some violations are felonies.
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MIGRATORY BIRD TREATY ACT
Some violations are felonies. Punishable by
fine of lt2,000, imprisonment for lt2 years, or
both.
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MIGRATORY BIRD TREATY ACT
Some violations are felonies. Punishable by
fine of lt2,000, imprisonment for lt2 years, or
both. Forfeiture of guns, traps, vehicles, etc.
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MIGRATORY BIRD TREATY ACT
Some violations are felonies. Punishable by
fine of lt2,000, imprisonment for lt2 years, or
both. Forfeiture of guns, traps, vehicles, etc.
Must knowingly violate the act.
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MIGRATORY BIRD CONSERVATION ACT
February 18, 1929, as amended 1935, 1961, 1962,
1966, 1967, 1968, 1970, 1973, 1976, 1978, 1983,
1984, 1986, 1988, and 1989.
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MIGRATORY BIRD CONSERVATION ACT
Purpose Purchase habitat for migratory birds.
WPAs
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MIGRATORY BIRD CONSERVATION ACT
Criteria Area is necessary for the conservation
of migratory birds.
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MIGRATORY BIRD CONSERVATION ACT
Criteria Area is necessary for the conservation
of migratory birds. First Act to provide
funding for refuge acquisition.
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MIGRATORY BIRD HUNTING AND CONSERVATION STAMP
ACT
DUCK STAMP ACT 1934
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DUCK STAMP ACT
Every migratory waterfowl hunter (16 years of
age) must purchase a DUCK STAMP to hunt.
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DUCK STAMP ACT
Moneys are used to purchase suitable areas for
migratory birds and for administrative costs to
run the duck stamp program.
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DUCK STAMP ACT
1.5 million stamps sold/year 15/ stamp
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DUCK STAMP ACT
1934-1995 501
million 4,389,793 acres wetlands conserved
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Endangered Species Act 1973
The ESA provides broad protection for species of
fish, wildlife, and plants that are listed as
threatened or endangered in the U.S.

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Endangered Species Act 1973
The ESA provides broad protection for species of
fish, wildlife, and plants that are listed as
threatened or endangered in the U.S. More,
much more, ..Later!
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Fish and Wildlife Conservation Act 1980
Commonly known as the non-game act.
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Fish and Wildlife Conservation Act
Encourages states to develop conservation plans
for nongame fish and wildlife.
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Fish and Wildlife Conservation Act
Encourages states to develop conservation plans
for nongame fish and wildlife. Appropriations
are lacking.
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Neotropical Migratory Bird Conservation Act
Provides a matching grants program for the U.S.,
Latin America, and the Caribbean. Perpetuate
healthy pops. Neotropical migrants 5 million
Authorized 3 million Appropriated 13
federalpartner match
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North American Waterfowl Management
Plan
Signed in 1986 by Canada and the U.S. Habitat
based plan. Specific goals for species and
regions.
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Other Initiatives
Partners in Flight U.S. National Shorebird
Plan North American Colonial Waterbird Plan
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Executive Order
Federal Actions must minimize impacts to
migratory birds.