Bird Conservation > Waterbird Conservation >

Waterbird conservation plans, programs, and efforts across the U.S. occur on many levels, including local, state, regional and national. Nationally, many federal laws contribute directly to the protection of waterbirds. Some of these laws establish programs that fund habitat conservation and restoration, and others protect waterbirds by prohibiting people from killing or capturing wild birds except under strict hunting and permit regulations.

Federal laws that fund and implement waterbird conservation projects include (dates provided are those of original passage; most of these laws have been amended or changed many times through the reauthorization process):

• The Lacey Act (1900) originally prohibited interstate transport of birds killed illegally and the importation of non-native species. This law effectively stalled the millinery trade (see Audubon; a bit of history) and brought many species of waterbirds under protection.

• 
  The Migratory Bird Treaty Act (1918) enacted the Migratory Bird Convention; a joint agreement with Canada to protect migratory birds in the two countries. (Mexico, Japan, and the Soviet Union have since joined the Convention.) This law makes it a crime to kill or capture migratory birds, or disturb their nests or possess their feathers, without a hunting license issued by the State or a permit issued by the U.S. Fish and Wildlife Service.
• The Endangered Species Act (1973) provides for the conservation of species that are endangered or threatened with extinction, and the ecosystems on which they depend. The law makes it illegal for anyone to kill, capture, or harm species that are designated as endangered or threatened.
• The Clean Water Act (1972) requires the Environmental Protection Agency to set water quality standards for all contaminants in surface waters, and limits discharges of pollutants into the waters of the United States. The law helps to protect waterbirds from contaminants known to kill or reduce the reproductive success of wildlife, and it helps protect the fish and other aquatic organisms that waterbirds eat. It also protects wetlands by requiring landowners to obtain permits before developing properties that contain wetlands.
• The Water Resources Development Act (1976) authorizes many kinds of “water projects,” including small- to large-scale conservation efforts. Though WRDA is not intended to be a conservation law, it includes some funds for wetlands conservation or restoration. Among the projects funded under the most recent WRDA reauthorization is the Comprehensive Everglades Restoration Plan.
• The Farm Bill (1930s) and its many programs provide support for the conservation of wildlife on agricultural lands. One of the most significant programs is the Wetlands Reserve Program (1985), which offers landowners opportunities to protect, restore, and enhance wetlands on their properties. The WRP is a voluntary program that provides technical and financial assistance to eligible private landowners to address wetland, wildlife habitat, soil, water, and related natural resource concerns in environmentally beneficial and cost effective ways. As of 2004, there were 7,831 projects on 1,470,998 acres enrolled in the program (U.S. Department of Agriculture 2004).
• The North American Wetlands Conservation Act (1989) encourages partnerships among federal agencies and other entities, through the provision of funding and administrative direction, to protect, restore, enhance, and manage wetlands and other habitats for migratory birds, fish, and wildlife. NAWCA implements the North American Waterfowl Management Plan (see below), but is also used to protect habitat for other bird species. Through NAWCA, the U.S. Fish and Wildlife Service (USFWS) provides grants that must be matched by nonfederal funds. NAWCA grants have contributed to the conservation of approximately 23.2 million acres of wetlands and associated uplands in more than 1000 projects across North America. As of December 2004, more than $630.5 million of federal funds have been invested through NAWCA. Partner matching contributions have totaled more than $1.9 billion (Ducks Unlimited 2005).
• The Fish and Wildlife Coordination Act (1934) requires federal agencies to consult with USFWS and State wildlife agencies in the event that their planned activities, or the permits and licenses they issue to others, will impound, divert, or otherwise control or modify the "waters of any stream or other body of water” for the purpose of "preventing loss of and damage to wildlife resources." Although the USFWS can not stop water projects that will ill-affect wildlife, through consultation, projects are often redesigned to eliminate or minimize harmful effects.

(Synopses of other resource laws can be found at the website of USFWS’ Division of Congressional and Legislative Affairs: Resource Laws.)