Former DOI Officials Want Zinke to Reconsider Changes to the Migratory Bird Treaty Act
By Jamie Rappaport Clark
The Migratory Bird Treaty Act (MBTA) enacted by Congress turns 100 this year, and has been read by federal agencies, including the Department of Justice and the courts, as protecting birds not just from unauthorized hunting but also from being trapped, poisoned or mangled by industrial operations. Migratory birds are increasingly threatened by land development, habitat loss and the effects of climate change.
On Dec. 22, 2017, the Solicitor of the Department of the Interior issued a legal memorandum reversing the longstanding interpretation of the Migratory Bird Treaty Act to exempt industry—including the oil and gas industry, powerlines and wind energy—from compliance with the U.S.' commitment under international agreements to protect migratory birds.
This new legal interpretation flies in the face of what every administration since the 1970's has held to be true: The Migratory Bird Treaty Act strictly prohibits the unregulated killing of birds. Instead, Trump's Interior Department has gone out of its way to turn the act's straightforward language into a giant loophole for companies whose activities routinely kill birds.
Thursday, a bipartisan coalition of 17 former Department of the Interior officials spanning the last 40 years sent a letter to Interior Sec. Ryan Zinke condemning a legal reinterpretation of the MBTA that could result in the unregulated killing of birds.
The coalition wrote:
The MBTA can and has been successfully used to reduce gross negligence by companies that simply do not recognize the value of birds to society or the practical means to minimize harm. Your new interpretation needlessly undermines a history of great progress, undermines the effectiveness of the migratory bird treaties, and diminishes U.S. leadership.
Birds are, quite literally, the proverbial "canary in the coal mine." How birds fare in the world indicates how all wildlife and habitat, and by extension human populations, will fare. It is not just poetry that led Rachel Carson to title her seminal work, Silent Spring. All the past administrations for which we have worked have struck a balance and worked diligently and in good faith with industries that had significant impacts on birds, such as oil and gas, coal, electric utilities, commercial fishing, communications, transportation, national defense, and others to reasonably address unintended take. It can be done. In fact, it has been done.
In a world where connections to nature are becoming ever more tenuous, birds are the wildlife that Americans encounter daily. Whether we are conservationists, birdwatchers, hunters or just citizens who enjoy the natural world, conserving birds is a common interest. In addition, we must consider how our treaty partners in Canada, Mexico, Japan and Russia will view this new interpretation. Only a few years ago, the U.S. exchanged formal diplomatic notes with Canada reaffirming our countries' common interpretation that incidental killing of birds was prohibited by the treaty.
Just as Theodore Roosevelt declared and demonstrated, we, as Federal officials, endeavored to strike a balance between development and conservation. We recognized that strict liability must be tempered with common sense notions of reasonable foreseeability and readily available alternatives. We are anxious to explore this balance and provide you with an approach that we can all support, and one that will continue the proud record of U.S. leadership in conserving birds."
Jamie Rappaport Clark
As former director of the U.S. Fish and Wildlife Service under President Bill Clinton, I signed this letter because it is shameful that the Trump administration will celebrate the milestone of 100 years of protecting migratory birds by weakening this critical bedrock environmental law at the expense of wildlife.
Jamie Rappaport Clark
From the remotest wilderness to right in our own backyards, birds connect us to the glory of our natural surroundings. We must protect them today, and for the future.
EcoWatch Daily Newsletter
By Jeff Masters, Ph.D.
Tropical Storm Josephine Also No Threat to Land<p>Meanwhile, the season's record-earliest tenth named storm, Tropical Storm Josephine, was also struggling with high wind shear as it traced out a path over the open ocean.</p><p>At 5 a.m. EDT Saturday, Josephine was located about 310 miles east of the northern Leeward Islands, moving west-northwest at 15 mph with top sustained winds at 45 mph. Josephine is expected to bring one to three inches of rain over portions of the northern Leeward Islands, the Virgin Islands, and Puerto Rico over the weekend. Josephine will encounter steadily rising wind shear through Monday, peaking at a very high 30 – 35 knots. This high shear is likely to destroy Josephine's circulation by Monday, before the storm can affect any other land areas.</p><p><em>Reposted with permission from <a href="https://yaleclimateconnections.org/2020/08/tropical-storm-kyle-forms-unlikely-to-affect-land/" target="_blank">Yale Climate Connections</a>. </em><em></em></p>
By Ute Eberle
In May 2017, shells started washing up along the Ligurian coast in Italy. They were small and purple and belonged to a snail called Janthina pallida that is rarely seen on land. But the snails kept coming — so many that entire stretches of the beach turned pastel.
The Ligurian coast has been swept by snails turning its color pastel.
A World Between Worlds<p>The neuston comprises a multitude of weird and wonderful creatures. </p><p>Many, like the Portuguese man-of-war, which paralyzes its prey with venomous tentacles up to 30 meters long, are colored an electric shade of blue, possibly to protect themselves against the sun's UV rays, or as camouflages against predators.</p><p>There are also by-the-wind sailors, flattish creatures that raise chitin shields from the water like sails; slugs known as sea dragons that cling to the water's surface from below with webbed appendages; barnacles that build bubble rafts as big as dinner plates; and the world's only marine insects, a relation of the pond skater.</p><p>They live "between the worlds" of the sea and sky, as Federico Betti, a marine biologist at the University of Genoa, puts it. From below, predators lurk. From above, the sun burns. Winds and waves toss them about. Depending on the weather, their environment may be warm or cool, salty or less so.</p>
Sea snails can make up the neuston.
Velella velella jellyfish living on the surface of the ocean.<p>But now, they face another — manmade — threat from nets designed to catch trash. A project called <a href="https://theoceancleanup.com/" target="_blank">The Ocean Cleanup</a>, run by Dutch inventor Boyan Slat, has raised millions of dollars in donations and sponsorship to deploy long barriers with nets that will drift across the ocean in open loops to sweep up floating garbage. </p>
Collecting With the Current<p>"Plastic could outweigh fish in the oceans by 2050. To us, that future is unacceptable," <a href="https://www.dw.com/en/green-entrepreneur-sets-sights-on-great-pacific-garbage-patch/a-38855785" target="_blank">The Ocean Cleanup</a> declares on its website.</p><p>But Rebecca Helm, a marine biologist at the University of North Carolina, and one of the few scientists to study this ecosystem, fears that The Ocean Cleanup's proposal to remove 90% of the plastic trash from the water could also virtually wipe out the neuston.</p><p>One focus of Helm's studies is where these organisms congregate. "There are places that are very, very concentrated and areas of little concentration, and we're trying to figure out why," says Helm.</p><p>One factor is that the neuston floats with ocean currents, and Helm worries that it might collect in the exact same spots as marine plastic pollution. "Our initial data show that regions with high concentrations of plastic are also regions with high concentrations of life."</p>
Waste collection in the Pacific Ocean heralded by The Ocean Cleanup.<p>The Ocean Cleanup says Helm's concerns are based on "misguided assumptions."</p><p>"It's true that neustonic organisms will be trapped in the barriers," says Gerhard Herndl, professor of Aquatic Biology at the University of Vienna and one of project's scientific advisors. "But these organisms have dangerous lives. They're adapted to high losses because they get washed ashore in storms and they have high reproductive rates. If they didn't, they'd already be extinct."</p><p>Helm says they just don't know how quickly these creatures reproduce, and in any case recovering from passing storm is very different from surviving The Ocean Clean Up's systems which could be in place for years.</p>
Communication Breakdown<p>The Ocean Cleanup invited Helm to a symposium on the topic in December, where both sides presented their points of views and didn't seem to find much common ground. Since then, direct communication between them has stopped, says Helm. "They're not interested in talking to me anymore."</p><p>Both sides agree that much is still unknown about the neuston. But one thing that has been established is that most of the oceans' fish spend part of their lifecycle in the neuston. "More than 90% of marine fish species produce floating eggs that persist on the surface until hatching," Betti says.</p><p>The Ocean Cleanup has undertaken one of the few studies into this ecosystem, collecting data on the neuston on the relative abundance of neuston and floating plastic debris in the eastern North Pacific Ocean during a 2019 expedition to the Pacific Garbage Patch, an area where plastic pollution has accumulated on a vast scale. But it is not yet sharing what it has found. The information was being prepared for publication in an as of yet unspecified journal, probably some time next year, an Ocean Cleanup spokesperson said. </p>
Inshore Solution?<p>Helm believes the best way to tackle the marine plastic problem would be to position the barriers closer to land — across river mouths and bays — to catch garbage before it reaches the sea.</p><p>"Stopping the flow of plastic into the ocean is the most cost-effective — and literally effective — way to ensure that it's not entering our environment," she says. </p><p>As for the plastic already floating in open waters, she does not believe it is worth sacrificing parts of neuston and wants to see more research first. </p><p>The Ocean Cleanup has made barriers across rivers a part of its mission. But it is also going ahead with its original vision of pulling trash from the open water. In late 2018, the project deployed a 600-meter, u-shaped prototype net into the <a href="https://www.dw.com/en/environment-conservation-plastic-oceans/a-54436603" target="_blank">Great Pacific Garbage Patch</a>. </p><p>The system ran into difficulties, failing to retain plastic as hoped, and needing to be brought shore for repairs and a design upgrade, after which Ocean Cleanup says it gathered haul of plastic that it will recycle and resell to help fund future operations.</p><p>Over the next two years, the project hopes to deploy up to 60 such barriers to collect drifting flotsam. Helm isn't the only one concerned about these plans.</p><p><span></span>"We should think twice about every action we take in the sea," Betti says. "In nature, nothing is as easy as we think, and often, we've done a lot of damage while trying to do a good thing."</p><p><em>Reposted with permission from <a href="https://www.dw.com/en/environment-conservation-plastic-oceans/a-54436603" target="_blank">Deutsche Welle</a>.<a href="https://www.ecowatch.com/r/entryeditor/2646992655#/" target="_self"></a></em><em></em></p>
By Hope Dickens
Molly Craig's day begins with feeding hungry baby birds at 6 a.m. The birds need to be fed every 15 minutes until 7 at night. If she's not feeding them, other staff at the Fox Valley Wildlife Center in Elburn, Illinois take turns helping the hungry orphans.
By Douglas Broom
"Forests are the lungs of our land, purifying the air and giving fresh strength to our people," said former U.S. president, Franklin Roosevelt.
So the FAO is using Twitter to remind the world of these five hidden benefits of forests.
A Michigan bald eagle proved that nature can still triumph over machines when it attacked and drowned a nearly $1,000 government drone.
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