What birds are not covered by the MBTA?

The Migratory Bird Treaty Act (MBTA) is a federal law that protects over 1,000 species of migratory birds in the United States. However, there are some bird species that are not covered under the MBTA’s protections. In this article, we will examine which birds are excluded from the MBTA and why.

First enacted in 1918, the MBTA makes it illegal to hunt, kill, sell, purchase, or possess migratory birds or their parts (like feathers or eggs) without a permit. The law was created to protect bird populations that were being decimated by unregulated hunting and trade. It is enforced by the U.S. Fish and Wildlife Service.

Over the last century, the MBTA has been amended several times to include protections for more groups of birds. Currently, the MBTA protects over 1000 species, including eagles, hawks, owls, corvids, seabirds, shorebirds, and songbirds. However, there are some notable exceptions.

Non-native species

One major group of birds not covered by the MBTA are non-native species. These are birds that have been introduced to parts of the United States where they are not native. Many were brought over from Europe or Asia as pets or livestock and later escaped or were released.

Examples of non-native species not protected by the MBTA include:

• House sparrow
• European starling
• Rock pigeon
• Eurasian collared-dove

These species are excluded from MBTA protection because they can cause harm to native ecosystems, compete with native birds for food and nesting sites, and spread disease. The MBTA aims to conserve America’s natural avian biodiversity, so non-native species are not covered.

Game birds

Game birds that are legally hunted for sport are also not covered by the MBTA. Examples include:

• Ring-necked pheasant
• Chukar
• Gray partridge
• Ruffed grouse
• Wild turkey
• Quail
• Ducks
• Geese

These birds can be legally hunted during designated hunting seasons. Their populations are managed by state wildlife agencies to maintain healthy numbers for recreational hunting. As they are not considered threatened or in need of strict federal protections, game birds are excluded from the MBTA.

Pest species

So-called “pest” bird species are also not protected under the MBTA. These birds are excluded because they often cause damage to agriculture or structures:

• European starling
• Rock pigeon
• House sparrow
• Red-winged blackbird
• Grackles
• Crows
• Cowbirds

Without MBTA coverage, farmers and property owners are allowed to take measures to control high populations of pest birds that may eat crops, damage buildings, or spread disease. However, in some states it is still illegal to kill them without a permit.

Upland game birds

Upland game birds are another group excluded from the MBTA. These are non-migratory species that inhabit rural and semi-rural areas. Popular upland game birds include:

• Ring-necked pheasant
• Ruffed grouse
• Wild turkey
• Quail
• Chukar

Like waterfowl, these birds can be legally hunted in most states with appropriate licenses and permits. As their populations are stable enough to support recreational hunting, they do not require MBTA protection.

Exotic pet species

Birds that are commonly kept as exotic pets are also excluded from the MBTA. These include:

• Budgerigar (parakeet)
• Cockatiel
• Lovebird
• Parrot species
• Finch species
• Canary
• Myna

The MBTA aims to protect wild bird populations, so species commonly bred in captivity as pets are not covered. However, some states may have laws prohibiting keeping exotic pet birds or regulating their sale.

Why are these birds excluded?

In summary, the main reasons birds may not be covered by the MBTA include:

• Introduced non-native species
• Game birds with stable populations
• Pest species that can damage crops/structures
• Upland game birds not considered threatened
• Exotic pets bred in captivity

The MBTA focuses its protections on wild, native bird species that are vulnerable to decline or extinction without regulation. Species intentionally introduced, those thriving despite recreational hunting, upland game birds with stable numbers, and exotic pets do not require the MBTA’s strict protections.

Recent changes to the MBTA

There have been some recent revisions to the MBTA’s scope. In January 2023, a new rule went into effect that no longer holds companies liable for “incidental” bird deaths caused by activities like building collisions or wind turbines. Only intentional killing remains prohibited. However, a federal judge recently overturned this rule change, so the full scope of the MBTA has been temporarily restored.

Conclusion

While the MBTA protects over 1000 migratory bird species in the U.S., its protections do not extend to introduced species, most game birds, pest birds, upland game birds, or exotic pets. The law focuses on conserving native, wild birds vulnerable to declining populations. Recent regulatory changes have aimed to reduce liability for industrial activities, but these have been overturned pending further legal review. Understanding what birds are not covered by the MBTA provides useful context on the law’s intent, scope, and recent changes.