Migratory Bird Treaty Act

Anna’s Hummingbird - Photo by Philip G. Engstrom Kathy Roberts U.S. Fish and Wildlife Service SUMMARY OF THE ACT • The Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703) was passed in 1918 to end commercial trade in birds and their feathers and provide full protection to all native species. • The MBTA is administered by the United States Fish and Wildlife Service (USFWS). • The law specifies that it is illegal to “take” migratory birds, their eggs, feathers or nests without a permit. • “Take” includes by any means or in any manner, any attempt at hunting, pursuing, wounding, killing, possessing or transporting any migratory bird, nest, egg of part thereof. SPECIES COVERED • The MBTA covers all native birds (Non-natives such as english sparrows and starlings are not covered as well as introduced game birds e.g., chukar and pheasant) • Protects native species that are non-migratory as well as migratory • Birds which spend their whole life in the same neighborhood and never migrate, are afforded full protection under the MBTA • Over 200 bird species in Portland are protected (Common species include robins, song sparrows, crows, scrub jays) Avoiding Impacts on Nesting Birds During Construction and Revegetation Projects

Dave Helzer Bureau of Environmental Services

EARLY NESTERS Feb 1 – April 15

Whitaker Ponds February 22, 2010

PRIMARY SEASON NESTERS April 15 – July 31

LATE NESTER: WILLOW FLYCATHER June 1 – Sept 1 When to Plan Disturbance: August 1 – January 31 best time for tree removal, invasive plant species management, and grubbing and clearing.

Jim Cruce

When to Avoid Disturbance: February 1 – April 15 early nesting season. Disturbance to vegetation, especially trees, should be avoided. April 15 – July 31 primary nesting season. Disturbance to vegetation should be avoided during this time.

Websites • FWS Region 1 website http://www.fws.gov/pacific/http://www.fws.gov/pacific/ • FWS Oregon homepage/species list by county http://www.fws.gov/oregonfwo/http://www.fws.gov/oregonfwo/ • FWS Threatened and endangered species, critical habitat, recovery plans ((http://www.fws.gov/endangered/wildlife.htmlhttp://www.fws.gov/endangered/wildlife.html)) • MigratoryBirdTreatyAct http://www.fws.gov/pacific/migratorybirds/mbta.htmhttp://www.fws.gov/pacific/migratorybirds/mbta.htm FWSFWS Habitat Conservation Plans http://www.fws.gov/endangered/hcp/index.htmlhttp://www.fws.gov/endangered/hcp/index.html