publication . Article . 2017

Bird Take—Death Trade

Lockman, Michael J.;
Open Access English
  • Published: 01 Jan 2017
  • Publisher: eScholarship, University of California
  • Country: United States
Abstract
The Migratory Bird Treaty Act (MBTA) protects 1,027 bird species—the vast majority of native birds in the United States and its territories—by criminalizing the taking, killing, or selling of any migratory bird or bird part.3 Beginning in the 1960s, the Fish and Wildlife Service (FWS) began prosecuting industrial firms for “incidental take,” the unintentional taking or killing of migratory birds. Incidental take is a negative externality of industry: firms kill birds—a natural resource shared by all—and do not compensate for their loss. A split in authority consequently arose on whether the strict liability misdemeanor of the MBTA criminalizes such unintentional...
Subjects
free text keywords: The Migratory Bird Treaty Act, Fish and Wildlife Service, incidental take, environmental law, environmental policy
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