Overview: The Migratory Bird Treaty Act (MBTA) of 1918 was passed for the protection of migratory birds. The MBTA is still in effect.
Affected activities for Fort Riley: The MBTA prohibits the disturbance of a migratory bird and, generally, the disturbance of a migratory bird's nest regardless of whether the nest is being used or not. The MBTA applies equally to birds residing in or around residential and non-residential areas.
Almost every species of bird on Fort Riley is listed as migratory. The exceptions are: pigeons, starlings, house sparrows, and upland game birds such as the bobwhite quail. Pigeons, starlings and house sparrows are not protected; upland game birds are protected by Kansas regulations.
Violations/Penalties: Anyone who violates the MBTA or its regulations is guilty of a misdemeanor and subject to a fine of up to $15,000, jail up to six months, or both. In addition, anyone who knowingly takes a migratory bird and intends to, offers to, or actually sells or barters the bird is guilty of a felony, with fines up to $15,000, jail up to two years, or both.
Appropriate Action: Any individual having problems with birds in or around a non-residential facility on Fort Riley should contact the Public Works Service Order Desk (239-0900). Problems with birds in or around quarters should be reported to the Family Housing Service Order Desk (784-2599).
It is particularly important that you contact the appropriate Service Order Desk as soon as you determine that a problem exists or may develop because of a bird nest. Personnel specially authorized by the U. S. Fish and Wildlife Service may remove nests of certain migratory birds if the nests are removed prior to eggs being laid within them. Once egg laying begins even those nests may not be disturbed.
Contact the Conservation and Restoration Branch (239-6211 or 239-8836) for more information about protection of migratory birds or other bird-related questions.