The Migratory Bird
Treaty Act
One of America’s oldest and mostimportant wildlife conservation laws
The Migratory Bird Treaty Act (MBTA) passed in 1918
to implement the Migratory Bird Treaty between the U.S.
and Canada. Early conservationists, including the National Audubon Society and its chapters, led the charge
to secure the treaty and pass the MBTA in order to protect rapidly-declining bird species from threats such as
the plume trade, market hunting, and habitat loss. Manyspecies, including the once-ubiquitous Passenger Pigeon,
the Carolina Parakeet, and Heath Hen went extinct, whileothers fell to the brink as a result of these activities. TheMBTA turned the tide and is credited with saving millions, if not billions of birds, and numerous species fromextinction, such as the Wood Duck and Snowy Egret.
Today, there are new threats to birds and the places theyneed. More than one-third of North American bird species
are of high conservation concern and at risk of extinction
without significant conservation action, according to the2016 State of the Birds report. Birds now face 21st centurythreats, and MBTA protections are as critical as ever. Yet,the law itself is increasingly under threat, putting vitalbird protections and gains made through 100 years of birdconservation at risk.

Vital Protections for Birds
The MBTA protects birds by making it unlawful to kill,
hunt, sell, or possess most native species of birds in theU.S., along with their nests, eggs, and feathers, without apermit. The covered species are based on the migratory
bird treaties signed first with Canada, and later with Mexico, Japan, and Russia. That includes many species that are
not protected under any other conservation law, like theEndangered Species Act, at either the state or federal level.
The law’s protections helped end the widespread slaughterof birds in the early 20th century. In the modern era, millions of birds are also killed “incidentally” each year fromotherwise lawful industrial activities such as oil waste pits,
power lines, communications towers, and gas flares. Manyof these deaths are avoidable with inexpensive solutions,such as covering oil pits or marking transmission lines.
Under the Act’s authority, the FWS and many industries
have come to agreement on simple measures that protect
birds.
The Fish and Wildlife Service utilizes discretion to only
take action in egregious cases where deaths are a direct result of the activity and are foreseeable, and after working
with companies on practices that could reduce bird deaths.
In 2015, FWS began a rulemaking process to consider
options for legal authorization so long as certain permit
conditions outlining best management practices were met.
Audubon supported this effort, but it was suspended inApril 2017.

Threats to the MBTA

Cerulean Warblers are threatened by collisions with communications towers.

There are growing threats to the MBTA that could severely undermine or even eliminate authority to require
industries to take steps to protect birds. In December 2017,
the Trump administration issued a legal opinion that theincidental take of birds is not prohibited under the law andwill not be enforced. In the House, as part of H.R. 4239,
the SECURE American Energy Act, Rep. Liz Cheneyadded language during committee markup that would
amend the law to no longer cover incidental take.

part of the Gulf oil spill settlement, BP will pay $100 million for violating the MBTA, which was directed toward
restoring wetland habitat for birds impacted by the spill.

These changes would gut the MBTA by giving a free passfor bird deaths from industrial activities, such as oil waste
pits and oil spills, and would end decades of practice by theFish and Wildlife Service by removing the authority to address incidental take. Other legislation would chip away at
the MBTA, including a bill that would end its protections
for certain species (S. 935).

Ultimately, this means that the 950 species of birds notcovered under the ESA or Bald and Golden Eagle Protection Act would be left with fewer or no protections, frombackyard birds like the Baltimore Oriole, to raptors like
American Kestrels and Red-Tailed Hawks, waterbirds
like the Great Blue Heron and Great Egret, waterfowl like
Blue-winged Teal and Wood Ducks, along with the Great
Horned Owl, Sandhill Crane, Wood Thrush, and hundreds more. Conserving these species proactively due toMBTA protections reduces the likelihood for ESA listings.

Impacts to Birds
If MBTA protections are rolled back, it would be harmful
to birds across the country and would turn back the clockon our environmental laws.
1. It will reduce common-sense practices that protect birds

Oppose Undermining the MBTA

While important progress has been made in rescuing birds
from the brink, now is not the time to roll back vital protections. The MBTA is needed now as much as ever, andAudubon urges opposition to any effort that undermines
America’s cornerstone bird conservation law.

Without any legal obligation under the MBTA, industries
would be left without incentives or obligations to engage
with agencies and stakeholders on actions that reduce
harm to birds, at a sector-wide scale and at a project scale.
Examples of successful collaborative efforts under theMBTA include the Avian Power Line Interaction Committee (APLIC) in which stakeholders and electric companies agreed on effective, bird-friendly guidelines, as wellas the voluntary wind energy guidelines that are being
utilized by wind companies.
2. Ends the accountability from actions that kill birds
Actors whose industrial projects ignore best practices
and needlessly kill significant numbers of birds would nolonger face penalties, even if it was clear that the project
would result in substantial bird deaths and could be easily
remedied. It also removes a critical legal tool the federal
government uses to recover natural resource damages
from environmental disasters like the Deepwater Horizon
oil spill. The fines recovered under the MBTA are thenreturned to bird conservation to help repair damages. AsModern Day
Threats to Birds
Millions of birds die preventable
deaths every year

Photos (clockwise): Brown Pelican after theBP oil spill, gas flare, American Coot in oil
waste pit, electrocuted Red-Tailed Hawk

Oil Waste Pits: 500,000 to 1 million birds killed per year
Power Lines: Up to 64 million birds killed per year, from collisions and electrocution
Gas Flares: Unknown number, but thousands have been killed in single events
Communications Towers: Up to 7 million birds killed per year from collisions
Oil Spills: More than 1 million birds died from the Deepwater Horizon spill

National Audubon Society | 1200 18th Street, NW, Suite 500, Washington, DC 20036 | (202) 861-2242 | audubonaction@audubon.org | www.audubon.org