Happy Migratory Bird Day!
On this Migratory Bird Day, which is observed around the world, we’re reminding people of the importance of migratory birds and why we need to conserve them.
But we would be remiss if today and every day we didn’t also celebrate the law that helps conserve hundreds of bird species, the Migratory Bird Treaty Act (MBTA).
Enacted 100 years ago, the MBTA implements international agreements signed between the United States, Russia, Canada and Japan to protect bird species that annually migrate across North America and the northern Pacific Ocean. This key piece of legislation not only protects listed species from being intentionally harmed, but it has also helped save birds from unintentional, but negligent consequences of industrial practices as well.
Beautiful and iconic species like the snowy egret survive today thanks to the protection they have received from the MBTA. One hundred years ago, snowy egrets were hunted in droves for their plumes, resulting in severe population declines. But following the passage of the Act, egret numbers recovered and now these wading birds are widespread in aquatic habitats across the United States.
The MBTA has been a success story in protecting migratory birds throughout our country, from the sandhill crane to the wood duck. For decades, the U.S. Fish and Wildlife Service has worked with industries to develop best management practices to minimize the impact of their activities on avian species.
But this past December, the Trump administration took a giant step back from these efforts, declaring that it will no longer prosecute industrial acts that unintentionally, but predictably kill birds.
This unprecedented decision is clear in its intent — to give industry a free pass to kill birds even though low-cost practices exist to help reduce bird deaths. Now, companies will be able to make cost-cutting decisions that can kill thousands of birds at a time, without worrying about ramifications. The administration’s reinterpretation of the MBTA allows industries to neglect their obligation to mitigate harm they cause to wildlife. In January, I joined a bipartisan coalition of 17 former Department of the Interior officials spanning the last 40 years on a letter to Secretary of the Interior Ryan Zinke protesting this unacceptable reversal in policy.
For years, potential threats to birds like transmission lines, cell towers, commercial fisheries and oil refineries were addressed through easy-to-follow recommendations aimed at reducing mortality, such as covering oil pits or installing bird-friendly lighting systems. These measures have helped save countless birds. Bad actors that failed to follow these steps were held accountable under the law. The most infamous example may be BP, which was fined $100 million when the Deepwater Horizon oil spill killed an estimated 1 million migratory birds in 2010. That steep penalty helped restore important bird habitat in affected Gulf states. By weakening the MBTA and allowing industries to skirt their legal duty to protect birds, this administration is risking death for thousands of birds and possibly even the extinction of some species.
As an original and central player in migratory bird protection, the United States should be a leader in conserving birds. The Trump administration’s drastic reinterpretation of the MBTA spells disaster for birds that annually grace our skies, flying long distances across our country and our borders. At Defenders — and in honor of the MBTA’s centennial — we will continue fighting to protect migratory birds and the law that protects them.
- Jamie
