U.S. Fish and Wildlife Service Migratory Bird Program Conserving America’s Birds From Bird Declines to the MBTA 14 March 2016 NMFWA

Migratory Bird Program - Conserving America’s Birds Turn of the Century Bird Declines Over-hunting for food and fashion

Migratory Bird Program - Conserving America’s Birds Hunting/Collecting is Unregulated No hunting season restrictions No “bag limits” All species could be hunted Widespread bird & egg collecting

Migratory Bird Program - Conserving America’s Birds Species Hunted to Extinction

Migratory Bird Program - Conserving America’s Birds A Prolific Species – the Passenger Pigeon Alexander Wilson – “over 2 billion birds in one flock” Other accounts – “would darken the sky for days” “The passenger pigeon needs no protection. Wonderfully prolific …having the vast forests of the North as its breeding grounds… it is here today and elsewhere tomorrow, and no ordinary destruction can lessen them…” Report of select committee of the Ohio Senate in 1857 on a bill proposed to protect Passenger Pigeons.

Migratory Bird Program - Conserving America’s Birds The Passenger Pigeon Martha dies in Cincinnati Zoo

Migratory Bird Program - Conserving America’s Birds A New Era in Bird Conservation In 1916 – the U.S. signs a treaty with Canada to protect migratory birds

Migratory Bird Program - Conserving America’s Birds Migratory Bird Treaty Centennial Celebrating 100 Years of Conservation and Setting the Course for the Next 100 Years

Migratory Bird Program - Conserving America’s Birds Migratory Bird Treaties Four Treaties Canada – 1916 Mexico – 1936 Japan – 1972 USSR – 1976

Migratory Bird Program - Conserving America’s Birds Migratory Bird Treaties Conservation Goals Adopt a uniform system of protection to: “…assure the preservation of species either harmless or beneficial to man”

Migratory Bird Program - Conserving America’s Birds Treaty Basics 1.Established what species are protected Game, insectivorous, non-game 2.Set hunting seasons (game) 3.Closed hunting (non-game) 4.Establishes system of permits Scientific collecting Agricultural pests

Migratory Bird Program - Conserving America’s Birds Migratory Bird Treaties Become the Foundation of Conservation Congress needed to develop legislation to implement the Treaties MBTA becomes the cornerstone for protection of migratory birds (10.13 Species)

Migratory Bird Program - Conserving America’s Birds Prohibits Take of Migratory Birds “…at any time, by any means, or in any manner…any migratory bird, [or] any part, active nest, or egg of any such bird…” Unless and except as permitted by regulations… What You Need to Know - Take Defined Migratory Bird Treaty Act

Migratory Bird Program - Conserving America’s Birds Migratory Bird Treaty Act Permits can allow take if it is “compatible” with the four migratory bird treaties Intentional take Agricultural pests Human health & safety Scientific collecting Take Permits

Migratory Bird Program - Conserving America’s Birds Currently no express authorization for incidental take Special Purpose  Island invasive eradication  NMFS longline fisheries Migratory Bird Treaty Act

Migratory Bird Program - Conserving America’s Birds Currently no express authorization for incidental take DoD Readiness Rule …authorizes such take, with limitations, that result from military readiness activities of the Armed Forces Migratory Bird Treaty Act

Migratory Bird Program - Conserving America’s Birds Take and Habitat MBTA does NOT cover habitat impacts Migratory Bird Treaty Act

Migratory Bird Program - Conserving America’s Birds Take Definitions MBTA: pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to hunt, shoot, wound, kill, trap, capture, or collect ESA: harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. BGEPA: pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy, molest, or disturb Statutory distinctions

Migratory Bird Program - Conserving America’s Birds What Birds are Protected by MBTA 50 CFR § Native Species that belong to families, groups, or species covered by one of the four Treaties Coverage is regardless of whether they are migratory or resident

Migratory Bird Program - Conserving America’s Birds What Birds are NOT Protected by MBTA 50 CFR § Any Species Not Native to U.S. Some native species… Upland “game” birds: Grouse, Quail, Turkey Parrots Island Forest birds: Monarchs, Elepaios, Fantails

Migratory Bird Program - Conserving America’s Birds The List is Dynamic Current list protects 1,027 Species o Includes Hawaii and US Territories Birds are added or deleted due to changes in taxonomy or distribution Next update is underway – 2017? Updated ~ Every 5 Years

Migratory Bird Program - Conserving America’s Birds Common Birds NOT Protected Non-native established Species Occurrence is determined to be intentional or Unintentional human-assisted introductions

U.S. Fish and Wildlife Service Migratory Bird Program Conserving America’s Birds Please contact Eric L. Kershner with any questions: Division of Migratory Bird Management U.S. Fish and Wildlife Service Questions