Migratory Bird Treaty Act of 1918
From the U.S. Fish & Wildlife website: Click on the underlined words for links to more information. Please keep in mind that I am posting this 9/20/25. As of today, all these links work and will connect you to further information However, as we all know, right now, our federal government is changing rapidly and information that today is easily accessed may not be available in the future.
The Migratory Bird Treaty Act of 1918 implements four international conservation treaties that the U.S. entered into with Canada in 1916, Mexico in 1936, Japan in 1972, and Russia in 1976. It is intended to ensure the sustainability of populations of all protected migratory bird species. The law has been amended with the signing of each treaty, as well as when any of the treaties were amended, such as with Mexico in 1976 and Canada in 1995.
The Migratory Bird Treaty Act (MBTA) prohibits the take (including killing, capturing, selling, trading, and transport) of protected migratory bird species without prior authorization by the Department of Interior U.S. Fish and Wildlife Service.
For all of us, this is the important paragraph:
The Migratory Bird Treaty Act (MBTA) prohibits the take (including killing, capturing, selling, trading, and transport) of protected migratory bird species without prior authorization by the Department of Interior U.S. Fish and Wildlife Service. This includes taking eggs from nests. In this book, there are five non-native species: House Sparrow, House Wren, Eurasian Tree Sparrow, European Starling, and Eurasian Collared-Dove. These species are not covered by this treaty. ALL other birds are. If you have birds that have become nuisances, please see Chapter 5 for suggestions that will disperse birds, not harm them. Please note, it you harm birds covered by this treaty in any way, you will be subject to fines and possible jail time.
Feathers. The Migratory Bird Act prohibits the collection of any part of a bird – alive or dead – so that would include feathers – all feathers. this includes feathers just lying on the ground. You may think this seems ridiculous, but before dismissing this part of the law, take time to do some research into the ladies’ hat production of the late 1800’s to about 1929. All species of herons and egrets plus many other species of wading birds and waterfowl were just about brought to extinction to satisfy the need for large plumes and feathers in ladies’ hats – and do not blame women for this exclusively. Men loved to see women in these gorgeous, large hats – it was a sign of wealth and good breeding which many men looked for in choosing a spouse. This is where this part of the treaty originated – to protect these large wading birds and waterfowl from slaughter for their feathers.
It may be that you picking up a stray Blue Jay feather shed by some passing bird, is in no way threatening to the population of Blue Jays but for now, this part of the law stands. No one in the birding world wants to see this law weakened in any way. It is an international agreement which protects birds. My not being permitted to pick up that Blue Jay feather off the ground is a small price to pay for the protection of all birds. So before you glibly go forth and disregard this part of the law concerning feathers, do some research online and then make a decision. And remember, your actions will be seen and make an impression on those people who know nothing at all about birds or nature. This is an opportunity for you to quietly set a good example.
The List of Migratory Bird Species Protected by the MBTA
The list of migratory bird species protected by the law is primarily based on bird families and species included in the four international treaties. The list was updated in 2020 and is available in a downloadable Microsoft Excel file.
A migratory bird species is included on the list if it meets one or more of the following criteria:
- It occurs in the United States or U.S. territories as the result of natural biological or ecological processes and is currently, or was previously listed as, a species or part of a family protected by one of the four international treaties or their amendments.
- Revised taxonomy results in it being newly split from a species that was previously on the list, and the new species occurs in the United States or U.S. territories as the result of natural biological or ecological processes.
- New evidence exists for its natural occurrence in the United States or U.S. territories resulting from natural distributional changes and the species occurs in a protected family.
The List of Bird Species to Which the Migratory Bird Treaty Act Does Not Apply
The Migratory Bird Treaty Reform Act of 2004 (MBTRA) amended the MBTA by stating the MBTA applies only to migratory bird species that are native to the United States or U.S. territories, and that a native migratory bird species is one that is present as a result of natural biological or ecological processes. The MBTRA requires the Service to publish a list of all nonnative, human-introduced bird species to which the MBTA does not apply, and an updated list was published in 2020. The 2020 update identifies species belonging to biological families referred to in treaties the MBTA implements, but are not protected, because their presence in the United States or U.S. territories is solely the result of intentional or unintentional human-assisted introductions. It reflects the most current scientific information on taxonomy and natural.
Migratory Bird Permits
Regulations regarding migratory bird permits (50 CFR 21) provide information on permits for “the taking, possession, transportation, sale, purchase, barter, importation, exportation, and banding or marking of migratory birds. This part also provides certain exceptions to permit requirements for public, scientific, or educational institutions, and establishes depredation orders which provide limited exceptions to the Migratory Bird Treaty Act.” The U.S. Fish and Wildlife Service Migratory Bird Permit Program issues and maintains these permits through ePermits.