Federal Protection of Migratory Birds'. ' 7 



THE MIGRATORY-BIRD TREATY. 



When the migratory-bird law was passed, sportsmen and 

 conservationists had in mind the enactment not only of a 

 more comprehensive Federal statute but of uniform inter- 

 national legislation, such legislation as would insure ade- 

 quate protection to birds on their breeding grounds and in 

 their winter homes. To this end the United States Senate 

 in 1913 adopted a resolution memorializing the President to 

 negotiate treaties with other countries for the protection of 

 migratory birds. As a result of negotiation thus initiated 

 a treaty between the United States and Great Britain for the 

 protection of birds migrating between the United States and 

 Canada was concluded at Washington, August 16, 1916, and 

 ratified December 7 of the same year. Altogether, 537 

 species 'of migratory birds are included in the various fami- 

 lies protected by the treaty, and all individual birds of 

 each of these families or species are included, even though 

 a few individuals may be found within the borders of any 

 State the entire year. In other words, if a few individuals 

 of any species of migratory bird remain for an indefinite 

 period in a particular State this fact does not take from 

 them their migratory character and thus remove them from 

 the operation of the law. 



BIRDS NOT PROTECTED BY THE TREATY. 



The treaty does not, however, include the gallinaceous 

 birds, as quail, pheasants, grouse, and wild turkeys, and 

 these still remain wholly within the jurisdiction of the sev- 

 eral States. Approximately 220 species of migratory birds 

 also are excluded from the terms of the treaty because they 

 are not specifically named or do not feed chiefly or entirely 

 on insects. Included among the unprotected birds are the 

 skimmer, albatross, tropic bird, anhinga, cormorant, pelican, 

 man-o'-war bird, flamingo, roseate spoonbill, ibis, jabiru, 

 limpkin, hawk, owl, parrot, trogon, kingfisher, becard, horned 

 lark, crow, jay, starling, blackbird, sparrow, phainopepla, 

 thrasher, and mockingbird. 



