The Migratory Bird Treaty Act: On the Wings of an Executive Branch Reinterpretation

The Migratory Bird Treaty Act is a law that protects birds from being killed or harmed. It’s been around for 100 years and is one of the most successful wildlife laws. But now, there’s a debate over whether the law should also protect birds from being accidentally harmed. This could change the future of the law. In the 1900s, many bird species were endangered due to hunting and the hat industry using feathers. To protect the birds, the Lacey Act was passed in 1900, making it illegal to ship birds killed in violation of state law. The law faced challenges but was eventually upheld. The Migratory Bird Treaty Act (MBTA) was passed in 1918 to protect migratory birds and has been amended over the years. The MBTA makes it illegal to harm or possess migratory birds without a permit, and violators can face fines and imprisonment. The law has been effective in protecting bird species for the past century, but some people are concerned about potential criminal enforcement for unintentional bird deaths. The public is more comfortable when they can prove someone did something wrong, especially in cases involving dangerous things like defective products, chemicals, and waste. But sometimes the rules can be applied unevenly, which can cause confusion and uncertainty for people following the rules. To help with this, a memo was issued in 2017 to provide more clarity on how the law should be applied in cases involving birds. The Migratory Bird Treaty Act (MBTA) was enacted to protect migratory birds from being killed or hunted. It has been amended a few times, but its main goal remains the same. A recent memo by the U.S. Department of Interior changed the interpretation of the MBTA, stating that it only applies to actions that are intended to harm birds, nests, or eggs. This memo has been challenged in court by several bird conservation groups. The outcome of this legal challenge will determine if the MBTA continues to protect migratory birds as it has for the past 100 years. The law protects migratory birds from being killed or harmed, and there are some disagreements about how the law should be interpreted. Birds in Florida are at risk, and we need clear rules to protect them and industries. The law was created to prevent the extinction of birds like the passenger pigeon, and it has been successful. There are different laws in place to protect birds, including the Lacey Act and the Migratory Bird Treaty Act. The Migratory Bird Treaty Act protects birds that travel long distances. In the past, people could be held responsible for harming these birds, even if they didn’t mean to. But in 2017, a memo said that the law doesn’t apply to accidental harm. Then in 2018, another memo said it does. The government is still figuring it out. A bill in California is trying to protect migratory birds, even though the Department of Interior is changing its rules. There are also court cases about this issue. Florida has some bird species that need protection. John K. Powell, who works for the City of Tallahassee, wrote this article. He is also a teacher at FSU-FAMU College of Engineering. The article was written for the Animal Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/the-migratory-bird-treaty-act-on-the-wings-of-an-executive-branch-reinterpretation/