Longstanding Migratory Bird Treaty Act protections will be reinstated and a key process to strengthen the rules now begins.
September 30, 2021 - WASHINGTON - “Birds will be safer in this country thanks to the leadership of the Biden-Harris administration,” said Dr. Elizabeth Gray, president and acting CEO, National Audubon Society. “Reinstating these protections will restore decades of bipartisan precedent. The newly announced plans to strengthen the century-old law are a welcome and necessary step to address the loss of three billion birds in North America.”
The Biden-Harris administration announced a final rule on Wednesday which will revoke the previous administration’s gutting of the Migratory Bird Treaty Act. The administration also published an intent to establish a new authorization program and clarification of these longstanding protections.
In January of this year, the Trump administration finalized a change that limited the MBTA’s protections only to activities that purposefully kill birds, exempting all industrial hazards from enforcement. Any “incidental” death—no matter how inevitable, avoidable or devastating to birds—became immune from enforcement under the law. If this change had been in place in 2010, BP would have faced no consequences under the MBTA for the more than one million birds killed in the Deepwater Horizon oil spill.
“Over the last century the MBTA has been critical to protecting birds, including spurring the recovery of the Snowy Egret, the Sandhill Crane, the Wood Duck, and more,” said Erik Schneider, policy manager, National Audubon Society. “Birds are telling us they are in trouble, and with their protections returning, we must now strengthen the MBTA for the future.”
New science has revealed the loss of 3 billion birds in North America since 1970 and that two-thirds of birds are at risk of extinction due to climate change. Just today, the U.S. Fish and Wildlife Service just announced 11 bird species are now considered extinct.
In light of these alarming reports, the National Audubon Society is advocating for policy proposals that will Bring Birds Back, including a multi-front approach to reinstate the longstanding interpretation of this foundational law and enhance its implementation.
“We are glad to see the administration build on today’s action by starting a rulemaking process that can advance bird protections and increase certainty," said Schneider. "We hope to see a collaborative process that leads to the development of a common-sense permitting program for businesses to manage their obligations under the MBTA. A straightforward and well-funded permitting program will spur innovation and best practices for how industry can protect birds in their day-to-day operations.”
Congress also is exploring similar measures. The Migratory Bird Protection Act was passed out of the House Natural Resources Committee in the 116th Congress and had a bipartisan group of more than 90 co-sponsors. It was reintroduced earlier this year with a bipartisan list of cosponsors.
The bill would secure protections for birds and direct the Fish and Wildlife Service (FWS) to develop a permitting process for “incidental take” through which relevant businesses would implement best management practices and document compliance, further driving innovation in how to best prevent bird deaths.
“We also hope to see Congress pass the Migratory Bird Protection Act to strengthen these longstanding protections and support this common-sense approach,” said Schneider. “We have an opportunity to create more certainty for businesses while improving the way we protect birds in the years ahead.”
The reversal by the Trump administration generated widespread and bipartisan opposition. More than 25 states, numerous tribal governments, scientists, sportsmen, birdwatchers, and 400,000 people submitted comments opposing the proposed rule change, and several conservation organizations and eight attorneys general filed litigation to challenge the rule change.
The National Audubon Society protects birds and the places they need, today and tomorrow. Audubon works throughout the Americas using, science, advocacy, education, and on-the-ground conservation. State programs, nature centers, chapters, and partners give Audubon an unparalleled wingspan that reaches millions of people each year to inform, inspire, and unite diverse communities in conservation action. A nonprofit conservation organization since 1905, Audubon believes in a world in which people and wildlife thrive. Learn more about how to help at www.audubon.org and follow us on Twitter and Instagram at @audubonsociety.
Source: National Audubon Society
Interior Department Ensures Migratory Bird Treaty Act Works for Birds and People
September 30, 2021 - WASHINGTON, D.C. – The Department of the Interior on Wednesday announced a series of actions to ensure that the Migratory Bird Treaty Act (MBTA) conserves birds today and into the future. Tomorrow in the Federal Register, the U.S. Fish and Wildlife Service (Service) will make public a final rule to revoke the January 7, 2021, regulation that limited the scope of the MBTA. In addition, the Service will simultaneously make public an Advanced Notice of Proposed Rulemaking (ANPR) announcing the intent to solicit public comments and information to help develop proposed regulations to authorize the incidental take of migratory birds.
“The Migratory Bird Treaty Act, one of our first environmental laws, represents more than 100 years of America’s commitment to protecting migratory birds and restoring declining bird populations,” said Secretary of the Interior Deb Haaland. “The impacts of climate change coupled with loss and degradation of habitat are pushing more and more wildlife species to the brink. Today we are announcing critical steps to ensure that the Act can help conserve birds today and in the future.”
The January 7, 2021, final rule limiting the scope of the MBTA raised significant concerns from the public and international treaty partners and created numerous legal challenges. With this final and formal revocation of the January 7 rule, the Service returns to implementing the MBTA as prohibiting incidental take and applying enforcement discretion, consistent with judicial precedent and long-standing agency practice prior to 2017.
The Service will also issue a Director’s Order in coordination with the publication of the rules. The Director’s Order provides instruction to Service employees, including expectations for conducting Service activities and establishing criteria for the types of conduct that will be a priority for enforcement activities with respect to incidental take of migratory birds.
“Our next step will be to create a common-sense approach to regulating the incidental take of migratory birds that works to both conserve birds and provide regulatory certainty to industry and stakeholders,” said Assistant Secretary for Fish and Wildlife and Parks Shannon Estenoz. “That’s why the Service is simultaneously publishing an Advanced Notice of Proposed Rulemaking announcing our intent to solicit public comments and information as we consider developing proposed regulations.”
Over the last 50 years, the population of North American birds has declined by an estimated 3 billion birds. Many of the 1,093 species of birds protected under the MBTA are experiencing population decreases due to increased threats across the continent. Just recently, the Service released the Birds of Conservation Concern 2021 report with 269 bird species considered to be in greatest need of conservation attention.
Both natural and human-caused sources of bird mortality have contributed to the loss of bird populations. Many industries and projects have voluntarily implemented beneficial practices to avoid and minimize the take of migratory birds; however, bird populations remain in decline. The Service seeks to better protect migratory bird populations by addressing human-caused mortality with an incidental take regulation.
As part of the development of these regulations, the Service is also preparing a draft environmental impact statement pursuant to the National Environmental Policy Act. The agency will initiate a new public scoping process to engage in meaningful conversations with stakeholders, receive suggestions, identify significant issues, and share information on the scope of issues and alternatives to consider.
The Service will invite public comments and host virtual public scoping meetings for the general public, stakeholders, and Tribes following the publication in the Federal Register.
The final MBTA revocation rule will go into effect 60 days after it publishes in the Federal Register on October 4, 2021.
The ANPR will publish in the Federal Register on October 4, 2021, opening a 60-day public comment period. The notice will be available at http://www.regulations.gov, Docket Number: Docket No. FWS-HQ-MB-2021-0105 and will include details on how to submit your comments on to help guide the development of the proposed rule and draft environmental review.
Source: DOI
