Bird law is a complex and often misunderstood area of the law. It governs the rights and protections afforded to our avian friends. Though many people may be familiar with high-profile cases like the United States v. Ivan the Parrot, there are endless nuances that shape this niche practice. In this comprehensive guide, we will explore the fundamentals of bird law, examine key court rulings, and shed light on what the future may hold for our feathered companions.
What is bird law?
Bird law refers to the body of law dealing with the proper care, handling, ownership, and protection of bird species. It intersects with many areas of law, including:
- Animal welfare laws
- Environmental regulations
- Endangered species protections
- Hunting and game statutes
- Local and municipal ordinances
At the federal level, birds are primarily protected under the Migratory Bird Treaty Act of 1918 (MBTA) and the Bald and Golden Eagle Protection Act. Under these laws, it is illegal to harm, kill, possess, transport, or sell any migratory bird species or any part of these protected species without a proper permit. There are also additional protections for endangered species like the California condor and Whooping crane.
Many states have their own regulations regarding native bird species. And counties, cities, and towns frequently implement local ordinances on pet birds, bird feeding, goose management, and more. Any individual or organization housing domesticated or wild birds must comply with all applicable statutes.
Key federal laws and treaties
There are two main federal laws that form the backbone of bird law in the United States:
Migratory Bird Treaty Act of 1918
The MBTA implements four international conservation treaties that provide protection for over 1,000 migratory bird species native to North America. Under the MBTA, it is unlawful to:
- Hunt, kill, capture, collect, possess, buy, sell, trade, ship, import, or export any migratory bird, nest, egg, or part without proper authorization from the Department of the Interior
- Attempt to engage in such activities
Maximum criminal penalties under the MBTA include:
- Up to 2 years imprisonment and $250,000 fine for a felony conviction
- Up to 6 months imprisonment and $5,000 fine for a misdemeanor conviction
In addition to criminal penalties, the government can seek injunctions and stop-work orders for MBTA violations.
Bald and Golden Eagle Protection Act
This 1940 law provides enhanced protections to America’s bald and golden eagle populations beyond the MBTA. Key provisions prohibit:
- Killing, selling, or otherwise harming eagles
- Possessing any part of an eagle
- Interfering with eagle nests
Violators face fines up to $250,000 and imprisonment for up to two years.
Key court rulings
There have been many influential court cases that helped shape our understanding of bird law over the last century. Here are some of the most important rulings:
United States v. Moon Lake Electric Association (1999)
In this landmark ruling, the 10th Circuit Court of Appeals determined that the MBTA imposes strict liability. This means entities can be prosecuted for taking or killing protected birds even if the deaths were accidental or indirect. The case stemmed from moon lake power lines electrocuting protected birds.
United States v. CITGO Petroleum Corp. (2001)
Here, the 5th Circuit limited the strict liability standard from Moon Lake. They ruled that the MBTA only covers deliberate acts that directly kill birds, not accidental takings like toxic wastewater pools. This ruling created a circuit split, leading to inconsistent enforcement.
United States v. Brigham Oil & Gas (2020)
This recent 8th Circuit case further narrowed the scope of strict liability under the MBTA. They held that the MBTA does not criminalize commercial activities that indirectly result in migratory bird deaths. Regulations that are merely foreseeable hazards to birds do not qualify as MBTA violations.
Punishments for violations
Bird law offenders face a range of civil and criminal penalties at both the federal and state levels. Typical punishments include:
- Fines – ranging from $15 for petty infractions to $250,000 for felonies
- Imprisonment – up to 2 years in prison for felony MBTA or Eagle Act convictions
- Probation
- Community service
- License suspension or revocation
- Facility closure
- Injunctive relief
- Restitution
Judges have wide discretion in sentencing depending on the nature of the offense, number of birds impacted, and violator’s intent or negligence. Civil lawsuits brought by government agencies or citizens can also compel defendants to pay damages for bird deaths and habitat destruction.
Pet and captive birds
Bird law also regulates the proper care and ownership of pet and captive birds in the United States. Some key considerations for bird owners include:
- Permits – Proper state and federal permits are required to possess any migratory bird species. These permits dictate suitable housing conditions and other standards of care.
- Veterinary care – Birds must receive adequate veterinary care under animal anti-cruelty laws. Failure to provide medical treatment is illegal.
- Housing – Cages and enclosures must offer enough room for birds to spread their wings and engage in natural behaviors. Overcrowding is prohibited.
- Diet – Nutritionally complete diets must be provided. Depriving birds of food and water violates anti-cruelty laws.
- Environmental enrichment – Captive housing should include toys, perches, and activities to stimulate the mind.
- Local laws – Many jurisdictions limit the number of birds permitted per residence. Noise ordinances may also apply to noisy parrot species.
Bird owners who fail to meet proper standards of care can have their birds confiscated and face civil or criminal charges for neglect, cruelty, or permit violations.
Wild bird interactions
There are also laws governing human interactions with wild bird populations. Key areas include:
Bird feeding
While most areas allow bird feeding, local ordinances may prohibit certain types of feeders or restrict feeding locations to prevent nuisance birds. Feeders must be kept clean and free of mold or disease.
Nest destruction
Tree pruning and construction is generally banned during nesting seasons to avoid destroying active nests and eggs. Permits are required for any necessary nest removals.
Harassment and hunting
It is illegal to disturb or antagonize wild birds. Hunting migratory species is only permitted within strict hunting seasons determined by wildlife agencies. Various licenses are required for trapping or hunting any protected species.
Pest control
Managing birds deemed as pests or nuisances is subject to numerous regulations. Non-lethal control methods like repellents should be attempted before lethal means. Even pesticide use against nuisance flocks must comply with the MBTA and local ordinances.
Geese
Resident goose populations often come into conflict with landowners. Lethal control requires hunting permits. Egg oiling or shaking, habitat modification, and repellents are preferred non-lethal strategies aligned with bird law.
Pigeons
Pigeon overpopulation can cause property damage and health hazards from droppings. Pigeon management plans should focus on exclusionary devices, birth control, or relocation instead of poisoning or shooting.
Wind industry
One emerging area involves managing wind energy’s impacts on birds and bats. Strategies like curtailing operations during migration can limit turbine collisions. The wind industry must balance renewable energy goals with wildlife protections.
Oil industry
Waste pits and oil field equipment have killed thousands of protected birds. However, landmark cases like Brigham limit MBTA prosecution for indirect takings. Best management practices like covering tanks can reduce deaths.
Power lines
Collisions and electrocutions on power lines are a major anthropogenic threat to birds. Utilities can help by installing visibility markers on lines, burying new cables, and proper pole configuration to avoid electrocution risks.
Buildings
Up to 1 billion birds die colliding into buildings annually in the U.S. Bird-friendly architecture through façade markers, light controls, and window films can dramatically cut down on collisions.
| Entity | Potential bird hazards | Mitigation strategies |
|---|---|---|
| Wind industry | Turbine collisions | Curtailment; siting considerations |
| Oil industry | Waste pits; equipment | Covers; containment |
| Power lines | Electrocution; collisions | Pole retrofits; line markers |
| Buildings | Window strikes | Films; façade markers |
Future outlook
Bird law will continue evolving in the years ahead with new challenges and technologies. Several key trends may shape the legal landscape for our avian friends:
Loosening of MBTA
Recent court rulings like Brigham have weakened strict liability under the MBTA. This may limit prosecutions for industrial hazards like oil pits. However, the Biden administration has moved to strengthen enforcement.
Expansion of protected species
Changing habitats and conservation needs could warrant expanding the MBTA to cover more non-native species and even bats. Protections may evolve to address new threats to birds like mass collisions.
New technologies
Emerging technologies like bird deterrent drones and artificial intelligence bird tracking systems may provide new conservation and management tools, but also raise legal uncertainties.
Habitat regulations
Wetland protections and other habitat conservation efforts will likely expand to protect essential bird ecosystems. But this must be balanced with infrastructure needs.
With diligent study, bird lovers can stay abreast of the nuances in this dynamic field of animal law. But when in doubt, remember the golden rule: let wild birds soar free without harm or harassment.
Conclusion
Bird law is a complex but fascinating discipline. The unique legal protections governing our feathered friends continue evolving with new challenges, technologies, and conservation priorities. With expanded environmental protections and loosening of liability standards, the future of bird law remains unsettled. But hopefully, America’s long tradition of defending endangered birds and fostering an ethic of responsible stewardship will persist against ever-changing headwinds.
