Summary of the matter addressed in the submission:
The Submitters allege that the United States Government is failing to effectively enforce Section 703 of the Migratory Bird Treaty Act (MBTA), 16 U.S.C. §§703-712, which prohibits the killing of migratory birds without a permit. The Submission alleges that MBTA implements four international treaties, including agreements with Canada and Mexico, aimed at protecting migratory birds, and in Section 703 prohibits any person from killing or "taking" migratory birds "by any means or in any manner," unless the U.S. Fish & Wildlife Service (FWS) issues a valid permit. The Submission alleges that " the United States deliberately refuses, however, to enforce this clear statutory prohibition as it relates to loggers, logging companies, and logging contractors. As a matter of internal policy, the United States has exempted logging operations from the MBTA's prohibitions without any legislation or regulation that authorizes such an exception." The Submitters assert that "[t]his enforcement failure undermines the cooperative efforts of Canada, Mexico and the United States to maintain biodiversity, a goal which the CEC has explicitly recognized and recently adopted through its North American Biodiversity Conservation Project."

The Secretariat acknowledged receipt of a submission and began a preliminary analysis of it under the guidelines.

Submission — Submission authored by Submitter(s) on 17/11/1999

Acknowledgement — Communication to Submitter(s) authored by Secretariat on 22/11/1999

The Secretariat began reviewing the submission under Article 14(1).

The Secretariat determined that the submission met the criteria of Article 14(1) and requested a response from the concerned government Party in accordance with Article 14(2).

Determination — Secretariat Determination under Article 14 (1) and 14 (2) authored by Secretariat on 23/12/1999

The Secretariat received a response from the concerned government Party and began considering whether to recommend a factual record.

Party Response — Response from the Party under Article 14 (3) authored by United States on 29/02/2000

Acknowledgement — Other document authored by Secretariat on 6/03/2000

The Secretariat informed Council that the Secretariat considers that the submission warrants development of a factual record.

Recommendation — Secretariat Notification to Council under Article 15(1) authored by Secretariat on 15/12/2000

The Council voted to instruct the Secretariat to develop a Factual Record.

Resolution — Council decision concerning the development of a factual record authored by Council on 16/11/2001

The Secretariat placed a work plan on its web site or otherwise made it available to the public and stakeholders.

Workplan — Overall workplan for factual record authored by Secretariat on 14/12/2001

The Secretariat posted a request for information relevant to the factual record on its web site.

Secretariat Information Request — Document related to the preparation of a Factual record authored by Secretariat on 1/02/2002

The Secretariat submitted a draft factual record to Council, for a 45-day comment period on the accuracy of the draft.

The Secretariat received comments from the United States.

The Secretariat submitted a final factual record to Council for Council's vote on whether to make the final factual record publicly available.

Council voted to instruct the Secretariat to make the final factual record publicly available.

Resolution — Council decision on whether the factual record will be made publicly available authored by Council on 22/04/2003

The final factual record was publicly released.

Final Factual Record — Final Factual Record authored by Secretariat on 22/04/2003