Understanding the Migratory Bird Treaty Act and Its Impact on Wild Birds and Citizens
- For The Birds
- 5 days ago
- 4 min read
Wild birds are a vital part of our environment, contributing to ecosystems and enriching our daily lives. Yet, many people do not realize that there are strict laws protecting these birds, especially when it comes to handling injured or orphaned birds. One of the most important laws in the United States is the Migratory Bird Treaty Act (MBTA). This post explains why the MBTA was created, what it means for citizens who find wild birds, and how the law guides proper care and interaction with these animals.
Why the Migratory Bird Treaty Act Was Created
The MBTA was established in 1918 to protect migratory birds from overhunting and habitat destruction. Before this law, many bird species faced severe population declines due to unregulated hunting for feathers, food, and sport. The treaty was a response to the urgent need for international cooperation between the United States and Canada (later expanded to include Mexico, Japan, and Russia) to conserve migratory bird populations.
The law makes it illegal to posess, hunt, capture, kill, or sell migratory birds (including nests, feathers and eggs) without proper authorization. It covers over 1,000 species, including familiar birds like cardinals, hawks, owls, egrets, geese, and ducks, etc. The goal is to ensure these birds can continue their natural migrations and thrive in their habitats.
What the MBTA Means for Citizens Who Find Wild Birds
If you find an injured or orphaned wild bird, the MBTA affects what you can legally do. The law prohibits taking wild birds from the wild or keeping them without a federal permit. This means:
You cannot keep wild birds as pets.
You cannot move or possess nests and eggs without proper authorization.
You must not attempt to care for injured or orphaned birds on your own unless you have a federal permit.
Instead, the law encourages citizens to bring these birds to licensed wildlife rehabilitators. These professionals have the training and permits required to care for wild birds safely and legally. They know how to provide medical treatment, proper nutrition, and rehabilitation so the birds can be released back into the wild.
Why Citizens Should Follow the Law and Use Permitted Avian Rehabilitators
Following the MBTA is important for several reasons:
Protecting bird populations: Improper handling or keeping of wild birds can harm their chances of survival and disrupt local ecosystems.
Preventing disease spread: Wild birds can carry diseases that may affect humans or pets. Licensed rehabilitators follow strict hygiene protocols to reduce risks.
Legal consequences: Violating the MBTA can result in fines or criminal charges.
Ensuring proper care: Rehabilitators have the knowledge and resources to give birds the best chance of recovery and release.
By bringing injured or orphaned birds to permitted rehabilitators, citizens support conservation efforts and help maintain healthy bird populations.
How the MBTA Dictates Treatment and Handling of Wild Birds by Citizens
The MBTA sets clear rules on how wild birds should be treated:
No capturing or killing: Citizens cannot capture or kill migratory birds unless authorized.
No possession without permit: Keeping wild birds or their nests and eggs is illegal without a permit.
Reporting injured birds: If you find an injured bird, you should contact a licensed rehabilitator or wildlife agency rather than trying to care for it yourself.
No disturbance of nests: The law protects nests and eggs, so disturbing them is prohibited.
These rules help prevent harm to birds and ensure that any human interaction is safe and beneficial.
What the MBTA Means for the General Public in Interacting with Wild Birds
For most people, the MBTA means enjoying wild birds from a distance. Feeding birds in your yard, watching them with binoculars, or photographing them is allowed and encouraged. However, direct handling or interfering with wild birds should be avoided unless you are a licensed rehabilitator.
If you want to help birds, consider:
Providing bird-friendly habitats with native plants.
Avoiding the use of pesticides that harm birds.
Supporting local wildlife organizations.
Learning about bird species and their needs.
Respecting the MBTA helps keep wild birds safe and thriving for future generations.
The MBTA's Good Samaritan Provision provides temporary legal protection for individuals who transport injured or orphaned wild birds. This provision encourages compassionate action by allowing citizens to temporarily possess - only for such purposes as to immediately contact a federally permitted wildlife rehabilitator - and immediately transport these vulnerable birds to rehabilitation centers without fear of legal repercussions. By fostering a culture of responsibility and care, the Good Samaritan Provision aims to improve the survival rates of injured wildlife and promote public engagement in conservation efforts.
How the Department of the Interior Controls Federal Permits
The U.S. Department of the Interior, through the US Fish and Wildlife Service (USFWS), manages the issuance and regulation of federal permits under the MBTA. These permits allow qualified individuals and organizations to:
Rescue and rehabilitate injured or orphaned birds.
Conduct scientific research on migratory birds.
Manage bird populations for conservation purposes.
The USFWS sets strict requirements for obtaining permits, including training, facilities, and record-keeping. They also monitor permit holders to ensure compliance with the law. This system helps balance bird protection with necessary human activities. In most cases, state wildlife agency permits are a prerequisite to obtaining a federal permits.
Practical Steps for Citizens Who Find Wild Birds
If you come across an injured or orphaned wild bird, follow these steps:
Observe without touching: Assess the bird’s condition from a distance. Take a photo or short video of the bird to send to a wildlife rehabilitator.
Contact a licensed rehabilitator: Find a local wildlife rehabilitator or call your state wildlife agency for guidance.
Transport carefully: If instructed to bring the bird in, place it in a ventilated box with soft padding.
Avoid feeding or giving water: Stressed, injured and cold birds cannot metabolize food or fluids. Wait to receive instructions from a permitted avian rehabilitator. Improper feeding can harm the bird.
Follow expert advice: Let professionals handle the bird’s care and release.
By acting responsibly, you help protect wild birds and comply with the MBTA.
LOCAL RESOURCES
For The Birds of Acadiana
List of Lousiana permitted wildlife rehabilitators: https://www.wlf.louisiana.gov/page/permitted-wildlife-rehabilitators
NATIONAL RESOURCES
Animal Help Now, immediately connects people involved with wildlife emergencies and conflicts with the most appropriate time- and location-specific resources and services.