[Federal Register Volume 60, Number 105 (Thursday, June 1, 1995)]
[Notices]
[Pages 28623-28624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12897]



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DEPARTMENT OF THE INTERIOR

Enforcement of the Migratory Bird Treaty Act on Machias Seal 
Island, Maine

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of information.

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SUMMARY: Machias Seal Island, a colonial seabird nesting site and 
rookery 10 miles off the coast of Maine, has become a popular 
attraction among bird enthusiasts and photographers during the breeding 
season from June 1 through July 31 of each year. Visitors to the Island 
who are not careful risk killing or injuring the birds or destroying 
their eggs in violation of the Migratory Bird Treaty Act. Whenever the 
number of visitors to the Island in a single day exceeds 30, the 
likelihood of killing or injuring the birds at the site or destroying 
their eggs increases substantially.
    This notice presents the intention of the Fish and Wildlife Service 
(FWS) to closely scrutinize any visitation of the Island in excess of 
30 people per day for potential enforcement action against individuals 
visiting or facilitating the visitation of the Island for the taking or 
killing of migratory birds. This policy is undertaken in cooperation 
with the State of Maine and the Canadian Wildlife Service (CWS) to 
protect migratory birds nesting on this island and prevent the 
destruction of migratory bird nests and nestlings associated with 
public access to the nesting Island, while still providing a unique 
opportunity for the public to visit and observe an important seabird 
rookery.

EFFECTIVE DATE: June 1, 1995.

FOR FURTHER INFORMATION CONTACT: A. Eugene Hester, Assistant Regional 
Director for Law Enforcement, telephone (413) 253-8274.

Supplementary Information:

    Service Authority: The Migratory Bird Treaty Act (MBTA) was enacted 
in 1918 to implement the convention between the United States and Great 
Britain (on behalf of Canada) for the protection of migratory birds (16 
U.S.C. 703-711 (1988 & Supp. 1992)). The MBTA prescribes criminal 
sanctions for the taking of migratory birds in the United States except 
as permitted by regulations published by the FWS (16 U.S.C. 703, see 
also 50 C.F.R. parts 20 and 21). The express language of the statute, 
as well as its legislative history confirms that the MBTA is a wildlife 
management statute that delegates broad discretionary power to the 
Federal government through the Secretary of the Interior (16 U.S.C. 
712).
    Justification: Visitors to the seabird rookery on Machias Seal 
Island present many risks to the birds found there. Young birds or eggs 
can be stepped on by visitors. The mere presence of humans near nesting 
birds can disrupt their breeding activities and the incubation of 
chicks and eggs. Adult birds also can be flushed from or discouraged 
from returning to the nests, exposing chicks and eggs to loss by 
exposure or predation. Actions that result in bird mortalities are 
unlawful and prohibited by the MBTA. The likelihood of disruption and 
the associated taking or killing of birds increases with the number of 
visitors to the Island. Human presence in excess of 30 people per day 
on Machias Seal Island has resulted in bird mortality. In contrast, the 
FWS believes that if no more than 30 people per day visit the Island, 
and do so in such a manner as to minimize the disturbance to nesting 
migratory birds, bird mortality should be minimal. The FWS will closely 
scrutinize any visitation of the Island in excess of 30 people per day, 
including the role of any who aid and abet in actions resulting in the 
taking or killing of migratory birds in violation of the MBTA, and take 
appropriate enforcement action. The FWS will also take appropriate 
enforcement action with respect to any taking or killing resulting from 
actions not consistent with reasonable attempts to minimize disturbance 
to migratory birds, without regard to the number of visitors to the 
Island.

Additional Information

    Machias Seal Island, a migratory bird rookery located approximately 
10 miles off the coast of Maine, is United States territory that is 
also claimed by Canada. In 1944, Canada designated the area as a 
Migratory Bird Sanctuary pursuant to the Canadian Migratory Birds 
Convention Act, as amended. Because the Island is one of the few areas 
in North America, where bird enthusiasts and photographers may actually 
visit a colonial seabird nesting site, visitor demand has increased 
substantially in [[Page 28624]] recent years. In order to protect the 
bird populations during the breeding season while still providing 
public access, CWS regulations have limited human visitor access to the 
island to 30 persons per day from June 1 through July 31 each year in 
recent years. In addition, this 30 person per day access has been 
further divided into 26 individuals per day from commercial tour boat 
landings (combined total for United States and Canadian tour boats) and 
4 individuals per day from privately-owned boat landings. In 1993, the 
FWS first became involved with controlling human access to this island 
at the request of three United States companies. In 1993 and 1994, the 
FWS working with CWS, three United States tour boat companies, and one 
Canadian company developed landing schedules based on previous landing 
access by these companies to the Island during the June and July 
period. For 1995, the FWS and CWS propose a similar strategy for access 
by tour boat companies to the Island (up to 26 people per day for June 
and July by tour boats). This results in 31.6% of these tour boat 
landings being assigned to the one Canadian company, and 46.7% and 
21.7% being assigned to two United States companies. The CWS stations a 
wildlife technician on Machias Seal Island during June and July of each 
year to monitor landings and visitor behavior. The FWS intends to 
periodically visit Machias Seal Island in 1995 to monitor landings and 
impacts upon migratory birds by these visits.
Cathy Short,
Acting Regional Director.
[FR Doc. 95-12897 Filed 5-31-95; 8:45 am]
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