03/04/2026

 

Samuel Clifford

 

Overview

 

The House Committee on Natural Resources’ Subcommittee on Water, Wildlife and Fisheries held an oversight hearing on March 4, 2026 on the Migratory Bird Treaty Act of 1918 (MBTA). The subcommittee is a panel within the United States House Committee on Natural Resources and has jurisdiction over federal wildlife policy, fisheries, water resources, and conservation programs. Its role is to conduct hearings, provide oversight of federal agencies such as the U.S. Fish and Wildlife Service, and review laws affecting wildlife and natural resources. Through oversight hearings like this one, members evaluate how existing laws are being implemented and whether changes may be needed. For the 119th Congress, The chairman of the House Natural Resources Subcommittee on Water, Wildlife, and Fisheries is Rep. Harriet Hageman (R‑WY), and the ranking member is Rep. Valerie Hoyle (D‑OR).

 

Brief Overview of the Migratory Bird Treaty Act

 

The Migratory Bird Treaty Act was enacted in response to a crisis in North American bird populations and the growing realization that only coordinated, international protection could stop their decline. By the early twentieth century, unregulated commercial hunting, especially for the plume trade, had devastated species like egrets, herons, and many shorebirds. States attempted piecemeal regulations, but because migratory birds crossed state and national borders, no single jurisdiction could protect them effectively. 

 

The Act functions by making it unlawful, without authorization from the U.S. Fish and Wildlife Service, to take, kill, capture, possess, sell, barter, purchase, or transport any migratory bird, whether alive or dead, as well as their nests, eggs, or identifiable parts. This prohibition applies to more than a thousand species and does not distinguish between intentional and unintentional killing unless specific regulatory exceptions apply.

 

Notes

 

Chairman Hageman raised concerns in her opening statements about wind farms and wind turbines that are potentially killing birds and hurting ecosystems. Other energy structures can also hurt both birds and power by causing power outages as birds may be using the structures for nesting. She states she wants to examine these problems in this meeting. Ranking member Hoyle spoke of the economic importance of bird watchers and the birding hobby. 

 

Early on, discussion over the problems many birds on the act create arises. Black Vultures are cited as attacking calves and tearing newborn calves apart. One witness praised H.R. 2462, the Black Vulture Relief Act, authorizes livestock producers and their employees to kill black vultures when necessary to prevent death, injury, or destruction of livestock, reducing reliance on case‑by‑case federal depredation permits. Double Crested Cormorants are also cited as a problem as they hurt the catfish industry and other fishing industries. The same witness praised The Cormorant Relief Act (H.R. 2293) which directs the Secretary of the Interior to reissue regulations allowing aquaculture producers to lethally control double‑crested cormorants at fish farms without individual permits.  Black Bellied Whistling Ducks are supposedly causing interruptions of shipments of rice and grain. Multiple Louisiana rice producers have reported significant crop damage from Black‑bellied Whistling‑Ducks (BBWDs), a species that has rapidly expanded in the Gulf Coast region. Canadian Geese are also cited as swarming fields and causing agricultural problems.  Canada Geese are widely recognized as an agricultural nuisance species in many regions. They can swarm fields, graze heavily on crops, foul water sources, and can spread diseases to livestock operations, prompting management guidance for farmers. 

 

One of the witnesses is Lesly Swanson who is listed in multiple public profiles as a Senior Environmental Scientist at the Salt River Project, one of the nation’s largest public power and water utilities. Her background includes environmental science work, utility‑related wildlife issues, and participation in industry groups such as the Avian Power Line Interaction Committee, where she has served as Vice Chair.  Her role centers on environmental oversight and wildlife-utility interactions, including issues like avian protection, habitat considerations, and compliance with environmental regulations. She argues that the “one size fits all” approach of the MBTA doesn’t fit today as it did in 1918 and that her organization is committed to bird conservation. 

 

Mr. Schmidt of the U.S. Fish and Wildlife Service states that the MBTA has served birds and us well for many years and it helps maintain healthy bird populations in the United States. The law prevents human activities from being harmful to birds. He states the North American population of birds is down nearly 3 billion birds since the 1970s. Birds are an economic driver in the United States, he explains by stating nearly 100 million people engage in birding activity and that birds bring pest control in agriculture. He cites the MBTA as saving the Snowy Egret, Wood Duck, Sandhill Crane, and many more from extinction. 

 

Another witness, Davy Hite, is a former Bassmaster Classic Champion and two‑time Angler of the Year who transitioned from a long competitive career and prior National Guard service into a prominent broadcasting role on Bassmaster LIVE and The Bassmasters. He is also active in public and civic life, serving on the board of the South Carolina Center for Fathers and Families and receiving formal state recognition for his conservation leadership and contributions to outdoor sports media. Hite argues that Double Crested Cormorant numbers have rebounded which is a conservation win. However, we now need to switch from recovery to stewardship in order to balance ecosystems. He argues that fish predators, like cormorants, can decimate fish populations and hurt other economic revenue like fishing licenses, etc. He cited Lake Murray as a place where vegetation on islands have disappeared because of roosting by too many Cormorants. Extremely dense double‑crested cormorant rookeries have killed trees and ground vegetation through guano accumulation and physical breakage, leading to the loss of nesting habitat for other species such as common terns.