Of particular importance to forthcoming Canada-U.S. negotiations to amend the MBC is the Convention Between the United States of America and the Union of Soviet Socialist Republics Concerning the Conservation orMigratory Birds and their Environment signed in 1976. This convention provides for subsistence harvests of migratory game birds, including the establishment of open seasons when hunting under the MBC is prohibited. However, a court in Alaska has ruled that the resolution of differences among treaties must be achieved in keeping with the terms of the most restrictive treaty.
As Table 1 indicates, the Canada-U.S. and the U.S.-USSR convention on migratory birds differ significantly in their implications for northern peoples and migratory bird habitats.
The U.S.-USSR convention will be an important backdrop to negotiations to amend the MBC.
TABLE 1
The M.B.C. and the U.S.-U.S.S.R Treaty can be compared as follows:
| Treaty Characteristics | Can-U.S. MBC (1916) | U.S.-U.S.S.R. (1976) |
| Closed Season | The MBC hunting season closes March 10 and re-opens September 1 st for all people. In many areas of northern Canada and Alaska birds have not arrived in the North by mid-March and have left many northern areas by September 1st. | Indigenous inhabitants of Alaska and Russia (formerly USSR) may take birds at times determined by authorities in each jurisdiction for their "own nutritional and other essestial needs". Thus, authorities can allow hunting at any time when birds are available, except that courts have determined that the stricter Can-U.S. MBC terms will apply. |
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Aboriginal Uses of Birds | Scoters may be taken any time by Indians. ELskimos and Indians may take at any time auks, auklets, guillemots, murres, and puffins and their eggs for food and their skins for clothing. | For nutritional and other essential needs. This is less restrictive than its counterpart in the Can-U.S. MBC. |
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Amending Provisions | None. The MBC does not include ways in which to alter the convention. There are differences of view about what constitutes a major change in the convention and its legal status if such a change is made. | The appendix listing the migratory birds covered by the treaty can be amended when both parties agree. In addition, the treaty can be changed to improve conservation of birds or their environment. |