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This bird is highly destructive and aggressive. For example, in Maryland, it consumes inordinate quantities of submerged aquatic vegetation vital to the health of Chesapeake Bay and drives out native waterfowl. SCI and DU successfully argued that a law passed by Congress in 2004 clearly confirmed that the Treaty Act does not protect non-native birds, such as the mute swan. The Court rejected the "Plaintiffs' creative attempt to weave ambiguity out of clarity." This case should end several years of legal efforts by the Fund to wrest control of wildlife management over this species from Maryland. The case also helps ensure that the other States will be able to manage mute swans and other non-native birds (many of which are also destructive) without having to comply with the Migratory Bird Treaty Act.
