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Migratory Bird Treaty Act of 1918: Difference between revisions
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The [[United States Fish and Wildlife Service]] issues permits for otherwise prohibited activities under the act. These include permits for [[taxidermy]], [[falconry]], propagation, scientific and educational use, and depredation, an example of the last being the killing of geese near an airport, where they pose a danger to aircraft. | The [[United States Fish and Wildlife Service]] issues permits for otherwise prohibited activities under the act. These include permits for [[taxidermy]], [[falconry]], propagation, scientific and educational use, and depredation, an example of the last being the killing of geese near an airport, where they pose a danger to aircraft. | ||
The Act was enacted in an era when many bird species were threatened by the commercial trade in birds and bird [[feather]]s. The Act was one of the first federal [[environmental law]]s (the [[Lacey Act]] had been enacted in 1900). The Act replaced the earlier [[Weeks-McLean Act]] (1913). Since 1918, similar conventions between the United States and four other nations have been made and incorporated into the MBTA: [[Mexico]] (1936), [[Japan]] (1972) and the | The Act was enacted in an era when many bird species were threatened by the commercial trade in birds and bird [[feather]]s. The Act was one of the first federal [[environmental law]]s (the [[Lacey Act]] had been enacted in 1900). The Act replaced the earlier [[Weeks-McLean Act]] (1913). Since 1918, similar conventions between the United States and four other nations have been made and incorporated into the MBTA: [[Mexico]] (1936), [[Japan]] (1972) and the Soviet Union (1976, now its [[successor state]] [[Russia]]). Some of the conventions stipulate protections not only for the birds themselves, but also for habitats and environments necessary for the birds' survival. | ||
Constitutionally this law is of interest as it is a use of the federal treaty-making power to override the provisions of state law. The principle that the federal government may do this was upheld in the case ''[[Missouri v. Holland]].'' In a defense of the treaty, Federal Judge [[Valerie Caproni]] on August 11, 2020, wrote in a decision, "It is not only a sin to kill a mockingbird, it is also a crime."<ref>{{Cite news|last=Fears|first=Darryl|date=August 12, 2020|title=Quoting 'To Kill a Mockingbird,' judge strikes down Trump administration rollback of historic law protecting birds|language=en-US|newspaper=Washington Post|url=https://www.washingtonpost.com/climate-environment/2020/08/11/quoting-kill-mockingbird-judge-struck-down-trumps-rollback-historic-law-protecting-birds/|access-date=2020-12-14|issn=0190-8286}}</ref><ref>{{Cite web|date=2020-08-11|title=Victory! Federal Judge Rules Administration's Bird-Killing Policy is Illegal|url=https://www.audubon.org/news/victory-federal-judge-rules-administrations-bird-killing-policy-illegal|access-date=2020-12-14|website=Audubon|language=en}}</ref> | Constitutionally this law is of interest as it is a use of the federal treaty-making power to override the provisions of state law. The principle that the federal government may do this was upheld in the case ''[[Missouri v. Holland]].'' In a defense of the treaty, Federal Judge [[Valerie Caproni]] on August 11, 2020, wrote in a decision, "It is not only a sin to kill a mockingbird, it is also a crime."<ref>{{Cite news|last=Fears|first=Darryl|date=August 12, 2020|title=Quoting 'To Kill a Mockingbird,' judge strikes down Trump administration rollback of historic law protecting birds|language=en-US|newspaper=Washington Post|url=https://www.washingtonpost.com/climate-environment/2020/08/11/quoting-kill-mockingbird-judge-struck-down-trumps-rollback-historic-law-protecting-birds/|access-date=2020-12-14|issn=0190-8286}}</ref><ref>{{Cite web|date=2020-08-11|title=Victory! Federal Judge Rules Administration's Bird-Killing Policy is Illegal|url=https://www.audubon.org/news/victory-federal-judge-rules-administrations-bird-killing-policy-illegal|access-date=2020-12-14|website=Audubon|language=en}}</ref> | ||