Migratory Bird Treaty Act

NCLA Slams Interior’s Proposed New Rule Creating Criminal Liability for Incidental Bird Deaths

Retrieved on: 
Wednesday, June 9, 2021

Washington, D.C., June 08, 2021 (GLOBE NEWSWIRE) -- Any activity resulting in the incidental death of migratory birds would be considered a crime under a proposed rule by the U.S.

Key Points: 
  • Washington, D.C., June 08, 2021 (GLOBE NEWSWIRE) -- Any activity resulting in the incidental death of migratory birds would be considered a crime under a proposed rule by the U.S.
  • FWSs Regulations Governing Take of Migratory Birds repeals a Trump Administration final rule which correctly defines the scope of the Migratory Bird Treaty Act (MBTA), as Congress did, to exclude criminal liability for the incidental death of migratory birds.
  • The MBTA, first passed in 1918, was created to ensure the sustainability of populations of migratory bird species.
  • FWS should refrain from repealing the final rule and instead continue its current practice of not prosecuting incidental takes.

Three individuals from Newfoundland and Labrador fined for offences under the Migratory Birds Convention Act, 1994

Retrieved on: 
Friday, January 29, 2021

On January27, 2021, Darren English, Brent Power, and Lawrence Kerrivan, from Branch, Newfoundland and Labrador, were sentenced after being found guilty of one charge each under the Migratory Birds Convention Act, 1994 in the provincial court in Harbour Grace,Newfoundland and Labrador.

Key Points: 
  • On January27, 2021, Darren English, Brent Power, and Lawrence Kerrivan, from Branch, Newfoundland and Labrador, were sentenced after being found guilty of one charge each under the Migratory Birds Convention Act, 1994 in the provincial court in Harbour Grace,Newfoundland and Labrador.
  • The three individuals were charged for the illegal possession of migratory birds.
  • As possessing migratory birds without a permit or other authorization or lawful excuse is an offence under the Migratory Birds Convention Act, 1994, the matter was turned over to Environment and Climate Change Canada's enforcement officers for investigation.
  • Under the Migratory Birds Convention Act, 1994, Environment and Climate Change Canada is authorized to protect migratory birds, their nests, and populations and to regulate potentially harmful human activities that may impact them.

Statement - Minister Wilkinson expresses concern over proposed regulatory changes to the United States' Migratory Bird Treaty Act

Retrieved on: 
Friday, December 18, 2020

Science shows that migratory bird populations are declining, which has widespread negative impacts to ecosystem health and biodiversity on both sides of the border.

Key Points: 
  • Science shows that migratory bird populations are declining, which has widespread negative impacts to ecosystem health and biodiversity on both sides of the border.
  • The Government of Canada's interpretation of the proposed changes to the United States' Migratory Bird Treaty Act is that they are not consistent with the objectives of the Convention for the Protection of Migratory Birds in the United States and Canada.
  • "The Convention for the Protection of Migratory Birds in the United States and Canada, signed in 1916 between Canada and the United States, aims to protect migratory birds and allows the killing of migratory birds only under very limited circumstances.
  • Our countries share a long history of partnership, and we must continue to work together to protect migratory birds for future generations."

Newfoundland and Labrador hunter sentenced for contravening the Migratory Birds Convention Act, 1994

Retrieved on: 
Thursday, August 13, 2020

On August5, 2020, Raymond Newman was found guilty of threeoffences under the Migratory Birds Convention Act, 1994 after a trial in Grand Falls-Windsor provincial court.

Key Points: 
  • On August5, 2020, Raymond Newman was found guilty of threeoffences under the Migratory Birds Convention Act, 1994 after a trial in Grand Falls-Windsor provincial court.
  • In October2019, Environment and Climate Change Canada enforcement officers conducted a migratory bird coastal patrol in Notre Dame Bay, Newfoundland and Labrador.
  • Two of the birds were razorbills, which are protected under the Migratory Birds Convention Act, 1994.
  • Under the Migratory Birds Convention Act, 1994, Environment and Climate Change Canada is responsible for protecting migratory birds, their nests, and eggs and for regulating potentially harmful human activities that may affect them.

Ontario construction companies fined $20,000 for violating the Migratory Birds Convention Act, 1994

Retrieved on: 
Monday, August 13, 2018

Johnstone Construction Ltd. each pleaded guilty in the Ontario Court of Justice to two counts of violations of the Migratory Birds Regulations, made pursuant to the Migratory Birds Convention Act, 1994.

Key Points: 
  • Johnstone Construction Ltd. each pleaded guilty in the Ontario Court of Justice to two counts of violations of the Migratory Birds Regulations, made pursuant to the Migratory Birds Convention Act, 1994.
  • Johnstone Construction Ltd. each pleaded guilty to one count of violating subsection5(1) of the regulations, for unlawfully hunting migratory birds.
  • In addition, each company pleaded guilty to one count of violating paragraph6(a) of the regulations, for destroying migratory bird nests.
  • Under the Migratory Birds Regulations, it is prohibited to hunt a migratory bird as well as attempt to kill, capture, injure, or harass a migratory bird in any manner.

Repeat-offending outfitter from Saint-Ignace-de-Loyola, Quebec, fined $10,000 and hunting licence suspended for one year

Retrieved on: 
Friday, June 1, 2018

Gladu pleaded guilty to depositing bait at a prohibited time, an offence under the Migratory Birds Convention Act, 1994.

Key Points: 
  • Gladu pleaded guilty to depositing bait at a prohibited time, an offence under the Migratory Birds Convention Act, 1994.
  • In addition to this fine, Gladu's migratory game bird hunting permit was suspended for one year.
  • He is prohibited from possessing, applying for, or using a migratory game bird hunting permit.
  • He was sentenced to pay a fine; his migratory game bird hunting permit was suspended for one year; and he received threeyears' probation.