On Saturday, May 10, 2025, we will celebrate World Migratory Bird Day by honoring the incredible birds that travel far and wide across the globe each season.
America has long been a leader of migratory bird conservation, in large part due to landmark laws such as the Migratory Bird Treaty Act. Alongside critical protections, however, have come significant challenges from human development and climate change that today threaten to produce a mass extinction of North American birds.
In 2019, bird scientists released a grim report estimating that the North American bird population declined by nearly 3 billion since 1970. In the six years since, it has continued to worsen. A recent study found that 75% of North American bird species are declining. Today, 229 bird species, one-third of the total in North America, need conservation actions to preserve or restore their population.
At this dire moment for American birds, the Trump administration and some in Congress are attempting to dismantle wildlife safeguards like the MBTA. Because of these congressional challenges, fighting for a fully strengthened MBTA is more important than ever.
What is a migratory bird?
A migratory bird is one that travels seasonally, usually in the spring and fall, due to factors including temperatures, breeding grounds and food availability. In North America, 70% of birds are migratory, including some of our most iconic bird species such as the bald eagle, the northern cardinal, the peregrine falcon and the American flamingo among many others.
Migratory birds possess some of the most impressive feats of stamina in the animal kingdom. The longest recorded migration by a bird, without stopping for any food or rest, is around 8,425 miles by a juvenile bar-tailed godwit that flew across the Pacific Ocean from Alaska to Tasmania, Australia. The Arctic Tern, on the other hand, travels more than 49,700 miles each year, more than any other animal. These incredible birds are all worthy of protection, and for the last century the MBTA has given it to them.
What is the MBTA?
In 1918, the MBTA was passed by Congress after widespread hunting of birds in the 19th century placed hundreds of species at risk of extinction. In 1972, the MBTA was amended to include most bird species native to the United States.
Under the MBTA, it is unlawful to pursue, hunt, shoot, wound, kill, trap, capture or collect listed species without a permit. Since its inception, the MBTA has been credited with preventing the extinction of many bird species, including the snowy egret, wood duck and sandhill crane.
Why are migratory birds vulnerable?
The rapid expansion of human development has made migrating significantly more dangerous for birds. For example, it is estimated that over a billion birds are killed each year in the U.S. from building collisions.
The vulnerability of birds to human activity and, consequently, the related importance of the MBTA, was highlighted in the wake of the catastrophic 2010 Deepwater Horizon explosion and oil spill, the worst environmental disaster in U.S. history. The explosion killed 11 workers and devastated the Gulf of Mexico, killing hundreds of thousands of marine animals and coastal seabirds.
The company at fault for the oil spill, British Petroleum, pled guilty to violating the MBTA, and was fined $100 million. These fines were used for habitat restoration and oil spill cleanup along the Gulf Coast. Without the MBTA, BP would not have been held liable for killing so many animals, nor required to pay for cleaning up their own mess.
Why is the MBTA at risk?
Fifteen years after Deepwater, the Trump administration and some in Congress are working to dismantle the MBTA along with other wildlife protections like the Endangered Species Act. In April 2025, the administration reinstated its 2017 legal opinion removing protections against the killing or harm of migratory birds that results from, but is not the purpose of, human activity.
If they are successful, companies like BP would no longer be held liable for their destructive actions. It essentially would give a free pass to industries for the accidental, but very real, killing of these birds, likely resulting in the additional deaths of thousands or tens of thousands of birds.
What can I do to help conserve migratory birds?
- Urge senators and representatives to support legislation that will keep MBTA protections for migratory birds, such as the Migratory Bird Protection Act of 2025
- Contact your state and local representatives about bird-friendly city planning and building regulations.
- Participate in campaigns to turn off non-essential outdoor lights at night, such as Lights Out, Texas!
Author
Daniel Moss
Areas of Expertise: Federal legislative process, budget and appropriations, nonlethal approaches to reducing conflicts with wildlife, marine mammal protection, the North Atlantic right whale, protection
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