Protecting Aviary Populations with the Migratory Bird Treaty Act: Preserving Migratory Bird Species Amid Declining Numbers
On May 10, 2025, World Migratory Bird Day will be observed to celebrate the extraordinary avian species that traverse the globe annually. America has been a prominent figure in preserving these migratory birds, largely due to legislative acts such as the Migratory Bird Treaty Act (MBTA). However, the escalating challenges from human development and climate change are posing existential threats to North American bird populations.
In 2019, bird scientists released a disconcerting report projecting a decline in the North American bird population by nearly 3 billion since 1970. This downward trend has persisted for the past six years. A recent study reveals that 75% of North American bird species are faltering, with 229 species, accounting for one-third of the region's total bird species, requiring conservation actions to maintain or restore their populations.
At this critical juncture for North American birds, the Trump administration and certain members of Congress are trying to diminish wildlife safeguards like the MBTA. Given these congressional challenges, it is more crucial than ever to advocate for a fully fortified MBTA.
A migratory bird is a seasonal traveler, primarily in spring and fall, driven by factors including temperature, breeding grounds, and food availability. In North America, approximately 70% of birds are migratory, including some of the continent's most iconic avian species such as the bald eagle, northern cardinal, peregrine falcon, and American flamingo, to name a few.
Migratory birds are renowned for their stamina, showcasing some of the most remarkable feats in the animal kingdom. The longest recorded migration without stopping for sustenance is around 8,425 miles by a juvenile bar-tailed godwit, flying across the Pacific Ocean from Alaska to Tasmania, Australia. The Arctic Tern, on the other hand, travels over 49,700 miles each year, more than any other animal. These incredible birds are all deserving of protection, and for the past century, the MBTA has been their guardian angel.
In 1918, the MBTA was passed by Congress after widespread hunting in the 19th century put numerous bird species at risk of extinction. In 1972, the MBTA was amended to include most bird species native to the United States. Under the MBTA, it is unlawful to hunt, trap, or kill listed bird species without obtaining a permit. Since its inception, the MBTA has thwarted the extinction of numerous bird species, including the snowy egret, wood duck, and sandhill crane.
The rapid growth of human development has made migrating significantly more hazardous for birds. For instance, it is estimated that over a billion birds per year are killed in the U.S. from building collisions. The vulnerability of birds to human activities and the related importance of the MBTA were underscored in the aftermath of the catastrophic 2010 Deepwater Horizon explosion and oil spill, the worst environmental disaster in U.S. history.
The company responsible for the oil spill, British Petroleum, pleaded guilty to violating the MBTA and was fined $100 million. These fines were used for habitat restoration and oil spill cleanup along the Gulf Coast. Without the MBTA, BP would not have been held liable for the deaths of countless marine animals and seabirds, nor required to rectify the environmental damage they caused.
Fifteen years after Deepwater, the Trump administration and some in Congress are working to dismantle the MBTA along with other wildlife protections like the Endangered Species Act. In April 2025, the administration reinstated its 2017 legal opinion removing protections against the unintentional harm of migratory birds resulting from human activity. If successful, companies like BP would no longer be held accountable for their destructive actions, potentially leading to thousands or tens of thousands of additional bird deaths.
If you wish to contribute to the conservation of migratory birds, here are some suggestions:
- Encourage senators and representatives to support legislation bolstering the MBTA, such as the Migratory Bird Protection Act of 2025.
- Engage your state and local representatives in discussions about bird-friendly city planning and building regulations.
- Participate in campaigns to turn off non-essential outdoor lights at night, like Lights Out, Texas!
In light of the ongoing threats to North American bird populations due to human development and climate change, it's essential to advocate for strengthened protections such as the Migratory Bird Treaty Act (MBTA). This act, first passed in 1918 and amended in 1972, has played a crucial role in preventing the extinction of numerous bird species. However, in 2025, the Trump administration and certain members of Congress are attempting to weaken the MBTA, which could lead to a significant increase in bird deaths, as was evident in the aftermath of the Deepwater Horizon disaster. To support migratory bird conservation, consider urging your senators and representatives to support the Migratory Bird Protection Act of 2025, advocate for bird-friendly city planning, and participate in campaigns to reduce artificial light at night.
