Protecting Our Feathered Friends: Understanding the Migratory Bird Treaty Act

The arrival of spring and summer not only brings warmth and greenery but also the return of migratory birds to their nesting grounds. These winged visitors play a crucial role in maintaining the balance of ecosystems and enriching our environment. To safeguard these avian travelers and their habitats, the Migratory Bird Treaty Act (MTBA) was put into place. In this blog, we will explore how companies are bound by this act and what measures they need to take when clearing vegetation during the nesting season.

The Migratory Bird Treaty Act (MTBA)

The MTBA, one of the oldest wildlife protection laws on the books, was enacted in 1918 to protect migratory birds from harm and ensure their conservation. The act covers a vast array of bird species, both game and non-game, making it illegal to disturb or destroy their nests, eggs, or young without proper authorization. Its extensive coverage extends to safeguarding nearly all native birds in the United States, totaling more than 1,000 diverse species.

Compliance in Different Industries

Generally migratory birds leave Texas by October and return in early February, so clearing should be done during the fall and winter if possible. For companies involved in projects that require vegetation clearance during nesting season, compliance with the MTBA becomes essential. Before any clearing activities begin, wildlife biologists carry out surveys aimed at identifying and avoiding active nests. Companies involved in clearing vegetation that cater to construction, development, pipeline, utility or transportation industries, must be aware of their responsibilities under the act and take necessary precautions when clearing vegetation. Conducting surveys to identify and avoid active nests is not only a legal requirement but also a way to demonstrate environmental stewardship.

Understanding the TPWD Code, Title 5 - Wildlife and Plant Conservation

In the state of Texas, the Texas Parks and Wildlife Department (TPWD) Code, Title 5 - Wildlife and Plant Conservation, provides the legal framework for protecting nongame birds. Chapter 64 (Birds) of the code outlines strict regulations, making it unlawful to catch, kill, injure, pursue, or possess birds that are not game birds. Additionally, possessing any part of their plumage, skin, or body is prohibited, as is disturbing or destroying their nests, eggs, or young.

Surveying Methods

To ensure compliance with the TPWD Code and the MTBA, companies must conduct surveys to identify active nests before beginning vegetation clearance. The surveys are typically carried out by trained biologists who conduct pedestrian observations of the site. During these surveys, all nests, whether active or inactive, are noted, along with any observed breeding behaviors, such as courtship and nest building. In some cases, binoculars are used to survey high branches for nests that might not be easily visible from the ground. Any nests found on-site are visually inspected, then monitored for a minimum of 20 minutes to determine current utilization. If found, active nests are marked, and a buffer would be determined based on species (if identifiable), habitat requirements, and on-site conditions.

Conclusion

The Migratory Bird Treaty Act plays a vital role in preserving habitats and ensuring the survival of protected migratory bird species. Birds serve as indicators, providing valuable insights into ecosystem health due to their sensitivity to environmental changes, diverse habitat occupancy, and essential roles in the food chain. Additionally, birds play crucial ecological functions, like seed dispersal and insect consumption. Studying bird populations aids conservation efforts and environmental assessment. Safeguarding birds is vital for a sustainable future for both humans and wildlife.