In light of the recent emphasis on environmental enforcement matters, individuals and businesses alike should be aware of potential liability under the Migratory Bird Treaty Act (MBTA) for “takes” of birds protected under the treaty—including Canada geese.
The MBTA implements treaties entered into by the United States with Canada, Mexico, Japan, and the Soviet Union. The MBTA makes it illegal to “pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess…transport or cause to be transported, carry or cause to be carried…” migratory birds, nests, or eggs. Regulations promulgated by U.S. Fish and Wildlife define “take” as to actually or attempt to “pursue, hunt, shoot, wound, kill, trap, capture, or collect.” States may promulgate additional and stricter laws or regulations, as long as they are consistent with the MBTA.
Any person who violates the MBTA is guilty of a misdemeanor (although certain knowing violations constitute felonies).
