House Bill Would Lift Protection for 94 Migratory Birds

WASHINGTON, DC, May 7, 2004 (ENS) - Three of America's oldest and largest animal protection organizations have asked the House of Representatives to reject a bill that they say would weaken the Migratory Bird Treaty Act and remove federal protection for at least 94 species of “non-native” birds, including certain species of storks, pelicans, cranes, swans, cardinals, and orioles.

The bill, H.R. 4114, was introduced by Congressman Wayne Gilchrest, a Maryland Republican. The bill passed the House Resources Committee Wednesday. Gilchrest chairs one of that committee's subcommittees - the House Subcommittee on Fisheries Conservation, Wildlife and Oceans.

In response to the growth in the number and populations of exotic bird species in the U.S. and the conflict between some exotic birds species and native birds, Gilchrest’s subcommittee last December began a review of federal bird conservation laws and their application to exotic bird species.

The bill at issue, H.R. 4114, would remove the protections of the Migratory Bird Treaty Act for "non-native" species of birds that pass through the United States on their migratory paths.

"The Migratory Bird Treaty Act is one of the cornerstones of wildlife conservation in the United States," Gilchrest said. "Through it, we have restored native species of waterfowl, shorebirds, and other birds since the beginning of the last century. But the introduction of non-native birds and their increasing population over the past 50 years puts additional pressure on struggling populations of native species."

The Humane Society of the United States, the Animal Welfare Institute, and The Fund for Animals contend that if the Gilchrest bill becomes law the United States would be in violation of four international treaties. They point out that the United States has entered into four International Conventions for the Protection of Migratory Birds since 1916, and the Gilchrest bill would violate the longstanding terms of those treaties which include the Convention on International Trade in Endangered Species (CITES).

There is no distinction between “native” and “non-native” anywhere in the four treaties, which were intended to protect birds that move between countries, not just native birds.

“H.R. 4114 undermines the very purpose of the migratory bird treaties - to protect birds across the range of their migratory routes,” said Michael Markarian, president of The Fund for Animals. “This bill tries to amend the terms of the Conventions by redefining what birds are covered. H.R. 4114 is the equivalent of Congress trying to pass a law unilaterally redefining what commercial transactions are covered by NAFTA.”

The Gilchrest bill chooses 1918 as the cutoff date for which birds must have been present in the United States to be considered native, yet three of the four treaties were signed after 1918.

In 2001, the federal District Court for the District of Columbia in the case Hill v. Norton reviewed the question of whether or not there was any justification for excluding non-native birds such as Mute Swans from the Migratory Bird Treaty Act’s protections, and ruled in favor of their inclusion - because the treaties specify “all swans,” not just “native” swans.

The Bush administration has not appealed this case, which the animal group say is "the proper channel for further review of this question."

"Now, Congress is attempting to overturn this court decision legislatively, a dangerous precedent indeed," the groups said in a statement.

“H.R. 4114 could have far-reaching consequences for dozens of bird species in the U.S. and abroad,” said Wayne Pacelle, CEO designate of The Humane Society of the United States. “The Migratory Bird Treaty Act already includes provisions for dealing with birds who cause specific damage in specific locations. Congress should not write a blank check to kill dozens of species at any time and any place, regardless of whether they are causing any actual problems.”

Some of the species currently covered by the Migratory Bird Treaty Act that would lose such protection if H.R. 4114 is enacted are protected under CITES such as the Nicobar pigeon and yellow-billed cardinal. The swan goose, blue-headed quail-dove, Guam swiftlet, and yellow cardinal are all listed as endangered on the IUCN-World Conservation Union Red List.

“Species such as the Nicobar pigeon and the Luzon bleeding-heart need global cooperation to survive,” said Adam Roberts, executive director of the Animal Welfare Institute. “If H.R. 4114 is approved, bird species that are protected in other range states under domestic law could be killed when traveling through the U.S., undermining diligent efforts abroad to protect these same species at other times of the year."