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Migratory Bird Treaty Act


"MBTA" redirects here. For the Boston, MA based transportation company, see Massachusetts Bay Transportation Authority.

The Migratory Bird Treaty Act of 1918 (MBTA), codified at 16 U.S.C. §§ 703712 (although §709 is omitted), is a United States federal law, first enacted in 1916 in order to implement the convention for the protection of migratory birds between the United States and Great Britain (acting on behalf of Canada). The statute makes it unlawful without a waiver to pursue, hunt, take, capture, kill or sell birds listed therein ("migratory birds"). The statute does not discriminate between live or dead birds and also grants full protection to any bird parts including feathers, eggs and nests. Over 800 species are currently on the list.

Some exceptions to the act, known as the eagle feather law, are enacted in federal regulations (50 C.F.R. 22), which regulates the taking, possession, and transportation of bald eagles, golden eagles, and their "parts, nests, and eggs" for "scientific, educational, and depredation control purposes; for the religious purposes of American Indian tribes; and to protect other interests in a particular locality." Enrolled members of federally recognized tribes may apply for an eagle permit for use in "bona fide tribal religious ceremonies."


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