Final Factual Record for Submission SEM-99-002 (Migratory Birds)

Factual record

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On 16 November 2001, the CEC Council voted unanimously to instruct the Secretariat to develop a factual record with respect to two specific cases identified in submission SEM-99-002, filed on 19 November 1999 by several environmental nongovernmental organizations from Canada, Mexico and the United States. The first case involves the logging of several hundred trees by a private landowner during the nesting season of great blue herons, allegedly resulting in hundreds of crushed eggs. The second case involves a logging company’s alleged intentional burning of four trees on private land, including one allegedly nested by a pair of ospreys. The Submitters included these two cases in the submission to illustrate their assertion that the United States is failing to effectively enforce Migratory Bird Treaty Act (MBTA) Section 703, 16 U.S.C. § 703, as it relates to loggers, logging companies and logging contractors on federal and non-federal lands throughout the United States.