Other Relevant Laws
Other International Treaties
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.
- Ramsar Convention (The Convention on Wetlands of International Importance Especially as Waterfowl Habitats)
- Antarctic Treaty (designed to protect the native birds, mammals, and plants of the Antarctic)
Other Domestic Laws
- Lacey Act
- Weeks-McLean Law
- Waterfowl Depredations Prevention Act
- Fish and Wildlife Conservation Act
- Wild Bird Conservation Act
Endangered Species Act of 1973
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., click here.
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)
- Pan American Convention (the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere).
Lacey Act of 1981
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.
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.