Not just short-sighted and outrageous, it's incredibly stupid. Write your sernator.
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Barn Swallow |
The Migratory Bird Treaty Act of 1918 (MBTA), is under attack
by your representatives in Congress. The House put a provision in an unrelated
bill that bans the Dept. of Justice from enforcing this “cornerstone” environmental
law. If passed by the Senate it could become law.
The federal law was first enacted in 1916 for the protection of birds between
the U.S. and Great
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Painted Bunting |
Britain (acting, at the time, on behalf of Canada). It recognizes
the obvious – birds don’t recognize international boundaries. The act makes it
unlawful without a waiver to hunt, pursue, capture, kill or sell birds native
to the country. The statute does not discriminate between live or dead birds
and also grants protection to bird parts including feathers, eggs and
nests. Over 800 species are currently protected. However, the law came too late
for some species who became extinct (or whose numbers were greatly reduced)
before the law. (pictured are a few of
the thousands of bird species that could meet the same fate.)
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Northern Cardinals |
The U.S. Fish and Wildlife Service
issues permits for otherwise prohibited activities. These include taxidermy, falconry, propagation, scientific and educational use, and
depredation, an example of the latter being the killing of geese near an
airport, where they pose a danger to aircraft.
The Act was enacted in an era when many bird species were threatened by the
commercial trade in birds and bird feathers. The Act was one of the first
federal
environmental laws. Since 1918,
similar conventions between the United States and other nations have been
incorporated into the MBTA: Mexico entered into agreement in 1936, Japan in
1972 and Russia in 1976. Some of these agreements protect not
only the birds themselves, but also habitats and environs necessary for
the birds’ survival.
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Hummingbird |
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Orchard Oriole |
This 1918 law demonstrates the federal treaty-making power and the Constitutional
ability of federal treaties to override state law.
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Yellow-bellied Sapsucker |
OWEN YOST, in addition to being a blogger, is a
licensed Landscape Architect emeritus who has lived and worked in north Texas
for over 30 years. He is the recipient of a Lifetime Achievement Award of the
Native Plant Society of Texas, and is a member of the American Society of
Landscape Architects (ASLA), International Federation of Landscape Architects,
National Wildlife Federation and the Audubon Society. His office is at Yost87@charter.net in Denton.
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