Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

Former DOI Officials Want Zinke to Reconsider Changes to the Migratory Bird Treaty Act

Animals
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.

Snow geese.

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.

Jamie Rappaport Clark has been with Defenders of Wildlife since February 2004 as executive vice president. In October 2011, she took the reins as president and CEO.

EcoWatch Daily Newsletter

Visible satellite image of Tropical Storm Kyle and Tropical Storm Josephine as of 9:10 a.m. EDT Saturday, August 15, 2020. RAMMB / CIRA / Colorado State University

By Jeff Masters, Ph.D.

The record-busy 2020 Atlantic hurricane season brought another addition to its bevy of early-season storms at 5 p.m. EDT August 14, when Tropical Storm Kyle formed off the coast of Maryland.

Read More Show Less
The Ocean Cleanup

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.

Read More Show Less
Feeding an orphaned bear. Tom MacKenzie / USFWS

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.

Read More Show Less
Pexels

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.

Read More Show Less
A bald eagle flies over Lake Michigan. KURJANPHOTO / iStock / Getty Images Plus

A Michigan bald eagle proved that nature can still triumph over machines when it attacked and drowned a nearly $1,000 government drone.

Read More Show Less
The peloton ride passes through fire-ravaged Fox Creek Road in Adelaide Hills, South Australia, during the Tour Down Under cycling event on January 23, 2020. Brenton Edwards / AFP / Getty Images

A professional cycling race in Australia is under attack for its connections to a major oil and gas producer, the Guardian reports.

Read More Show Less

Trending

UQ study lead Francisca Ribeiro inspects oysters. The study of five different seafoods revealed plastic in every sample. University of Queensland

A new study of five different kinds of seafood revealed traces of plastic in every sample tested.

Read More Show Less