| Montreal, 24/04/2003 – The Commission for Environmental Cooperation (CEC) released today a factual record on allegations the United States did not effectively enforce the Migratory Bird Treaty Act (MBTA) when logging killed great blue herons and destroyed osprey nests in 1995 and 1996. Ospreys are listed as a species of "special concern" in California.
These incidents were included in a citizen submission that nine environmental groups from Canada, Mexico and the United States filed with the CEC, alleging the US had failed to effectively enforce section 703* of the MBTA against logging operations that threaten migratory birds throughout the US.
The Final Factual Record for Submission SEM-99-002 (Migratory Birds) reaches no conclusion whether the United States is failing to effectively enforce the MBTA. Facts are presented regarding applicability of the MBTA to the alleged violations.
In both cases, the state of California achieved criminal convictions or administrative sanctions under state law. Federal policy limits the circumstances in which the federal government will take enforcement action once a state has acted.
With respect to the two migratory bird cases, the factual record notes "these examples are consistent with the federal government's record to date of never having enforced the MBTA in regard to logging operations."
This is the fourth factual record prepared by the CEC Secretariat and the first involving environmental enforcement by the United States. Factual records provide information that may assist submitters, a NAFTA country, and other interested members of the public in taking any action they deem appropriate in regard to the matters addressed.
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.
* Section 703 prohibits killing, "taking," capturing or possessing a migratory bird, including any part, nest or eggs of any such bird, "by any means or in any manner," unless authorized pursuant to federal regulations.
For media-related inquires, please contact Spencer Tripp at (514) 350-4331.
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