Migratory Birds

Overview

Migratory Birds Overview

The Migratory Bird Treaty Act of 1918 (MBTA) is the main driver for protection of migratory birds in the United States. The original 1918 statute implemented the 1916 Convention between the U. S. and Great Britain (for Canada) for the protection of migratory birds. Later amendments implemented treaties between the U. S. and Mexico, the U. S. and Japan, and the U. S. and the Soviet Union (now Russia).

In the biological sense, a migratory bird is a bird that has a seasonal and somewhat predictable pattern of movement. For the sake of the MBTA, migratory birds are defined as all species covered by the four bilateral treaties. Generally, this includes all native birds in the U.S., except those non-migratory species such as quail and turkey that are managed by individual states.

Under the provisions of the MBTA, it is unlawful “by any means or manner to pursue, hunt, take, capture [or] kill” any migratory birds except as permitted by regulations issued by the U. S. Fish and Wildlife Service. The term “take” is not defined in the MBTA, but FWS has defined it by regulation to mean to “pursue, hunt, shoot, wound, kill, trap, capture or collect” any migratory bird or any part, nest or egg of any migratory bird covered by the conventions, or to attempt those activities.

The U. S. Fish and Wildlife Service (USFWS) has developed a system of permits for activities that involve the take of migratory birds, including those governing scientific collection and bird banding, and lethal and non-lethal measures taken to prevent depredation of agricultural crops and to protect public health and safety.

Existing migratory bird permit regulations authorize take for specific types of activities, such as collecting birds for scientific or educational purposes, or lethal control of birds damaging agricultural crops or other personal property. They do not authorize take resulting from activities such as forestry or agricultural operations, construction or operation of power lines, and other activities where an otherwise legal action might reasonably be expected to take migratory birds, but is not the intended purpose of the action.

Under the provisions of the MBTA, the unauthorized take of migratory birds is a strict liability criminal offense that does not require knowledge or specific intent on the part of the offender. As such, even when engaged in an otherwise legal activity where the intent is not to kill or injure migratory birds, violations can occur if bird death or injury results.

The USFWS has enforced the MBTA with discretion, focusing on individuals or organizations that take birds with disregard for the law, particularly where no valid conservation measures have been employed. In doing so, the USFWS has been able to focus its limited resources on working cooperatively with various industries, agencies and individuals to reduce impacts on migratory birds. When necessary, the USFWS has taken enforcement actions to stop activities that threaten migratory bird populations.

Management Plan

Migratory Bird Best Management Practices Source Document for Los Alamos National Laboratory, Revision 0

Migratory Bird Best Management Practices Source Document for Los Alamos National Laboratory, Revision 0 is a document prepared by the LANL Environmental Protection Division, Ecology and Air Quality Group (ENV-EAQ), to minimize impacts of LANL operations to birds protected under the MBTA. The best management practices in this document provide mitigation measures for projects to reduce risks to migratory birds. By avoiding or minimizing the impact of LANL activities on migratory bird populations and otherwise implementing these Migratory Bird Best Management Practices, LANL can reduce or eliminate the biological significance of any potential violation of the MBTA, as well as the possibility of enforcement action.

Work Controls/Best Practices

Work Controls and Best Management Practices

LANL has established work controls for the protection of migratory birds under the Migratory Bird Treaty Act.

Injury/Mortality Reporting

Migratory Bird Injury or Mortality

• If your project is going to affect an active bird nest, please contact Leslie Hansen (5-9873 | hansenl@lanl.gov) to coordinate moving the nest or discuss alternatives.
• If you find an injured bird, contact a licensed rehabilitator at the Santa Fe Raptor Center (662-7418)