I am making a huge assumption here that most of you who read this blog and support Liberty Wildlife’s mission would feel distraught without the beauty and benefits of the birds that surround us.  With that huge assumption, I am going to ask a favor of you.   First, here’s a little background.

One of the most important pieces of legislation designed to protect migratory birds that are not only aesthetically important but are also environmentally and economically important, the Migratory Bird Treaty Act of 1918, is under attack.  A ruling in 2017 is designed to remove responsibility from entities whose actions lead to bird mortalities by not preventing hazards that could be avoided. For example, oil spills….oil spills that kill thousands and thousands of birds while destroying habitat for eons to come…no responsibility, no mitigation, no nothing…just oooops.

Fortunately, there has been an extension of the date to implement the ruling to allow time for public input. Here’s where I am asking the favor of you.  Please take a minute to send a comment to the U.S. Fish and Wildlife Service voicing your concerns. The object is to have the powers that be roll back this new interpretation and reinstate the Migratory Bird Treaty Act to its original state.  The original Migratory Bird Treaty Act is responsible for protecting over 1000 species of birds….birds that pollinate crops, that keep insect populations in balance, that provide food for other animals including humans, that are critical in keeping the balance that we all depend on.  In just one human lifetime, we have lost over 3 billion birds and two thirds of all birds are at risk of extinction.

I have included my comments to the USFWS for a reference for your own comments.  Imagine, if you dare, to think of a life without birds.

Liberty Wildlife is a non-profit conservation organization with over 25,000 followers, dedicated to nurturing wildlife through wildlife rehabilitation, education, conservation services and sustainable actions.  We have been conducting bird conservation initiatives throughout the Southwest for over 40 years. A robust program that includes bird rescues and rehabilitation, surveys, education programs, and conservation projects that demonstrate our commitment to protecting and sustaining North American bird populations. In 2020 we took in 12,156 birds and other wildlife in need of care and rehabilitation, with the mission to return them to the wild.

On January 7, 2021, the U.S. Fish and Wildlife Service published a final rule in the Federal Register redefining  the scope of “take”, under the Migratory Bird Treaty Act of 1918 (MBTA). The unintentional or incidental take of birds is no longer illegal or punishable by law under this new interpretation of the MBTA.  This means that businesses no longer must consider the incidental take of birds due to the design, construction or operation of their projects. They can construct and operate their projects knowing they will result in bird injury and deaths. 

During the 1800s north American bird populations experienced a precipitous decline due to over harvest by market and feather hunters, some to the point of near extinction.   The enactment of the MBTA at the beginning of the 20^thcentury resulted in the reversal of this decline and the preservation of North American bird populations. The ability to prevent incidental take was key to the MBTAs success.

During our years in operation, we have observed and recorded an increasing number of birds that have been negatively impacted by injury, death, and loss of habitat by actions that would be considered “unintentional”, under the new definition of incidental take. 

In a 2019 paper titled “Decline of the North American avifauna”, published in Science, the authors study the status of the abundance of 529 bird species over 48 years and determined that there is a net loss approaching 3 billion birds. 

Now is not the time to weaken the MBTA, now is the time to enforce it as it was originally written. We strongly recommend that the January 7, 2021 version of the  MBTA be rescinded and replaced with the original version.

Sincerely,

Megan Mosby, Executive Director, Liberty Wildlife.

Comments must be submitted to http://www.regulations.gov .  Do it today as time is running out. Comments will only be accepted through March 1, 2021.  The rule is set to go into effect March 8, 2021 and only action now may help delay implementation of this destructive change in interpretation.

You may submit comments by one of the following methods:

(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In

the Search box, enter FWS–HQ–MB–2018–0090, which is the docket number for the rule. Then, click on the blue “Comment Now!” button beside the rule. Please ensure you have located the correct document before submitting your comments. Again, they are accepting comments through March 1, 2021.

(2) By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn: FWS–

HQ–MB–2018–0090, U.S. Fish and Wildlife Service, MS: JAO/3W, 5275 Leesburg Pike, Falls

Church, VA 22041‒3803.