The duties and powers of the Department of the Interior include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of the Interior is authorized to adopt such measures as may be necessary to carry out the purposes of this Act, and to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various States and Territories. The object and purpose of this Act is to aid in the restoration of such birds in those parts of the United States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed.
The Secretary of the Interior shall from time to time collect and publish useful information as to the propagation, uses, and preservation of such birds.
And the Secretary of the Interior shall make and publish all needful rules and regulations for carrying out the purposes of this Act, and shall expend for said purposes such sums as Congress may appropriate therefor.
Notes of Decisions
Turtle Island Restoration Network v. United States Dep't of Com., 878 F.3d 725 (9th Cir. 2017).
· cites it 2× “” 16 U.S.C. § 701 . The MBTA states in expansive language that, unless otherwise permitted by the Secretary of the Interior, “it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, [or] attempt to take, capture, or kill .”
Am. Bird Conservancy, Inc. v. Fed. Commc'ns Comm'n, 516 F.3d 1027 (D.C. Cir. 2008).
· cites it 2× “, and the Migratory Bird Treaty Act ("META"), 16 U.S.C. § 701 et seq. We vacate the Order because the Commission failed to apply the proper NEPA standard, to provide a reasoned explanation on consultation under the ESA, and to provide meaningful notice of pending tower…”
North Dakota v. United States, 460 U.S. 300 (1983).
· cites it 2× “187 , 16 U. S. C. § 701 . A series of treaties dating back to 1916 obligates the United States to preserve and protect migratory birds through the regulation of hunting, *310 the establishment of refuges, and the protection of bird habitats.”
Gibbs v. Babbitt, 214 F.3d 483 (4th Cir. 2000).
· cites it 2× “187 (codified as amended 16 U.S.C. § 701 (1994)). The Migratory Bird Treaty Act of 1918 for- bade all takings of numerous bird species and explicitly preempted state laws.”
Sierra Club v. Flowers, 276 F. Supp. 2d 62 (D.D.C. 2003).
“; the Migratory Bird Treaty Act (“MBTA”), 16 U.S.C. § 701 et seq.; the ESA, 16 U.S.”
Fund for Animals v. Williams, 246 F. Supp. 2d 27 (D.D.C. 2003).
· cites it 3× “Section 701, entitled “Game and wild birds; preservation,” describes certain duties and powers of the Department of the Interior and sets forth objectives regarding restoration of scarce or extinct birds.”
United States Ass'n of Reptile Keepers, Inc. v. Zinke, 852 F.3d 1131 (D.C. Cir. 2017).
“187 , 188 (1900) (codified as amended at 16 U.S.C. § 701 ). In furtherance of that objective, the Act established a criminal prohibition against importation into the country of certain identified species and such additional species “as the Secretary of Agriculture may from time…”
United States v. Pitrone, 115 F.3d 1 (1st Cir. 1997).
“The United States Department of the Interior is charged with administering the MBTA, see 16 U.S.C. § 701 (1994), and the Secretary has promulgated a web of regulations.”
Humane Soc'y of United States v. Watt, 551 F. Supp. 1310 (D.D.C. 1982).
· cites it 2× “This is also consistent with 16 U.S.C. § 701 , which includes among the duties and powers of the Department of the Interior “the preservation, distribution, introduction, and restoration of game birds and other wild birds” (emphasis added).”
Pub. Employees for Env't Responsibility v. Beaudreau, 25 F. Supp. 3d 67 (D.D.C. 2014).
“13186 is that each Federal agency taking actions that have, or are likely to have* a measurable negative effect on migratory bird populations is directed to develop and implement a [Memorandum of Understanding] with the FWS that shall promote the conservation of migratory bird…”
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