| Montreal, 25/02/2003 – On 21 February 2003, the Secretariat of the Commission for Environmental Cooperation (CEC) submitted the final factual record for the Migratory Birds submission to the Council, pursuant to Article 15(6) of the North American Agreement on Environmental Cooperation (NAAEC), on the United States' alleged failure to effectively enforce the Migratory Bird Treaty Act (MBTA) in connection with two California cases.
The Migratory Birds submission (SEM-99-002) was filed on 19 November 1999, by the Alliance for the Wild Rockies, Center for International Environmental Law, Centro de Derecho Ambiental del Noreste de Mexico, Centro Mexicano de Derecho Ambiental, Friends of the Earth, Instituto de Derecho Ambiental, Pacific Environment and Resources Center, Sierra Club of Canada and West Coast Environmental Law Association. The Submitters contend that the United States is failing to effectively enforce section 703 of the MBTA, which prohibits the "taking" of birds and their nests and eggs, against logging operations throughout the United States. The Submitters cited two California cases as specific examples of the alleged failure to effectively enforce the MBTA. In its response, the United States admitted that it has never enforced section 703 against a logging operation, and claimed that non-enforcement of the Act against logging operations is a reasonable exercise of enforcement discretion and results from a bona fide allocation of enforcement resources to higher enforcement priorities.
On 15 December 2000, in light of the submission and the United States' response, the Secretariat recommended that a factual record be prepared for the submission. On 16 November 2001, the Council instructed the Secretariat to prepare a factual record, but only with regard to the two California cases identified in the submission. On 21 February 2003, the Secretariat submitted the final factual record to the Council, pursuant to Article 15(6). In accordance with Article 15(7) of the NAAEC, the Council may, by a two-thirds vote, make the final factual record publicly available, normally within 60 days following its submission.
The CEC was established by the governments of Canada, Mexico and the United States to address regional environmental concerns, help prevent potential trade and environmental conflicts, and to promote the effective enforcement of environmental law.
Please visit the Citizen Submission on Enforcement Matters page for more information.
|
