A Century of Migratory Bird Protection Part 1: History of Migratory Bird Protection

Photos by Michael R. Jeffords

There was a time in our history when few people blinked an eye at the exploitation of millions of North American birds, some to the point of extinction.

Overhunting of the great auk (Pinguinus impennis), as a food, for its down and as bait, led to its 1852 extinction.

Barrels of the once wonderfully prolific passenger pigeon (Ectopistes migratorius) filled railroad cars destined for trendy restaurants, and the practice of hunting birds on the nesting ground helped bring about its 1915 extinction.

Extinct by 1932, the heath hen (Tymanuchus cupido cupido) was once so plentiful and cheap it was known as the poor man’s food.

Closer to home is the case of the now Illinois-endangered greater prairie-chicken (Tympanuchus cupido), once found in 92 of Illinois’ 102 counties and nearly decimated by overharvest and habitat loss.

Feather collecting was big business in the late 1800s when an estimated 50 species of North American bird feathers, wings and whole birds were used in the women’s fashion industry. Especially sought were the delicate feathers of breeding egrets and herons, which at one time were valued at twice the equal weight in gold.

Even the scientific community was at blame for the indiscriminate collection of specimens for study and exhibit. Spurred on by the increasing rarity of some species, individuals sought out these curiosities for private collections.

Pressure Mounts for Protection

Founded in 1896, the Massachusetts Audubon Society led the rally for cessation of the use of feathers on women’s hats, and the Illinois Audubon Society joined the effort a year later.

The first federal legislation to protect wildlife was the Lacey Act, which in 1900 limited the practice of market hunting. A comprehensive federal migratory bird law was proposed in 1903, but failed to be called for vote.

The 1913 Weeks-McLean Law made significant inroads in bird conservation by prohibiting spring hunting, eliminating marketing of migratory birds, banning the importation of bird feathers for the fashion industry and authorizing the Secretary of Agriculture the power to establish hunting seasons nationwide.

Passed by Congress in 1918, the Migratory Bird Treaty Act formalized the August 16, 1916 Convention Treaty with Canada. The Act made it unlawful to pursue, hunt, take, capture, kill, possess, sell, purchase, barter, import, export or transport any migratory bird, or any part, nest, or egg of any such bird, unless authorized under a permit issued by the Secretary of the Interior. Subsequent treaties with Mexico (1936), Japan (1972) and Russia (1976) expanded the geographic scope of protection, and a 1962 update addressed collection of protected species feather by Native American tribes.

Creation of legislation to protect migratory birds is rooted in social activism—the convincing rally calls to halt the number of extinctions and to eliminate the destructive trend instilled by the fashion industry.

Next issue: The Migratory Bird Treaty Act Benefits Illinois

---

Kathy Andrews Wright is retired from the Illinois Department of Natural Resources where she was editor of Outdoor Illinois magazine. She is currently the editor of Outdoor Illinois Wildlife Journal and Illinois Audubon magazine.