Hunters and Industry: An Essential Partnership for Migratory Bird Conservation

Photos and Story by Mark Lindberg

The 1918 Migratory Bird Treaty Act (MBTA), an international conservation partnership between the U.S., Canada, and Mexico, is widely regarded as the most successful partnerships for bird conservation in the world.   Built on the backs of waterfowl hunters and the dollars they give to conservation, the MBTA has resulted in North American (NA) waterfowl and waterbirds being the healthiest group of birds in NA according to the 2025 report by the NA Bird Conservation Initiative.

Conservation dollars raised under the MBTA have mostly come from the sale of Duck Stamps, which waterfowl hunters are required to purchase.  Duck stamp sales have provided over 1.1 billion dollars since 1934, including approximately 38 million dollars annually in recent years through the sale of about 1.5 million stamps. Funds from duck stamps have resulted in the conservation of more than 6 million acres of public land. 

The success of the MBTA also relies on hunters and other partners in conservation following the law, which prohibits “unauthorized take” of hundreds of migratory bird species, not just waterfowl.

Between the 1970s and 2017, unauthorized take was not only defined as hunting violations, but also as mortality caused by events such as the Deepwater Horizon oil spill.  Fines from unauthorized take not related to hunting result in about $15 million dollars annually for conservation and these fines incentivize best practices by industry to minimize this take.

In 2017, the Trump administration argued that unauthorized take under the MBTA should be limited to intentional killing.  That argument was overturned in 2020 when U.S. District Judge Valerie E. Caproni wrote: “if the Department of the Interior has its way … migratory birds that delight people and support ecosystems throughout the country will be killed without legal consequence.”

Despite this recent ruling, on 28 February 2025 the Department of Interior’s acting chief lawyer suspended penalties under unauthorized take for developers and others pending a review of whether these penalties should be “reinstated, modified or revoked”.

This suspension is not only inconsistent with recent precedence, but it also disrupts the partnerships needed for successful conservation under the MBTA by discriminating against hunters and making them exclusively responsible for conservation and liability under the MBTA.

Successful conservation of migratory birds requires that all stakeholders contribute to the common goal of sustaining hunting opportunities and other recreational activities associated with healthy migratory bird populations.

Backcountry Hunters & Anglers believe that everyone should share equally in conservation of migratory birds, birds that are an essential part of our world, and we therefore encourage you to contact your representatives and let them know that you oppose the decision to suspend unauthorized take penalties under the MBTA.

Dr. Mark Lindberg joined the Board of Alaska Backcountry Hunters & Anglers as the Conservation Policy Messaging Chair in 2025 after a 40-year career as a Wildlife Biologist.  Mark has studied wildlife, especially waterfowl, throughout NA.  He is the 2019 recipient of the U.S. Fish and Wildlife Service Threatened and Endangered Species Recovery Champion for his work on Spectacled and Steller’s Eiders and the 2022 recipient of Ducks Unlimited’s Wetland Conservation Achievement Award in research for being a steadfast advocate for science-based wildlife management.