The trump administration has officially clipped the wings of the migratory bird treaty act – the washington post gasbuddy nj


In an opinion issued Wednesday to federal wildlife police who enforce the rule, the Interior Department said “the take [killing] of birds resulting from an activity is not prohibited by the Migratory Bird Treaty Act when the underlying purpose of that activity is not to take birds.” For example, the guidance said power generation definition, a person who destroys a structure such as a barn knowing that it is full of baby owls in nests is not liable for killing them. “All that is relevant is that the landowner undertook an action that did not have the killing of barn owls as its purpose,” the opinion said.

The MBTA will no longer apply even after a catastrophic event such as the Deepwater Horizon oil spill that destroyed or injured up to a million birds. After an oil spill, Interior would pursue penalties under the Natural Resources Damage Assessment program that gas in california is not specific to birds. In the past, “the department has pursued MBTA claims against companies responsible for oil spills that incidentally killed or injured migratory birds. That avenue is no longer available.”

The 1918 law was enacted after several species electricity video ks1 of common birds became extinct; the Audubon Society and other organizations named 2018 the year of the bird in honor of the MBTA’s centennial. The new interpretation reverses decades of action by Republican and Democratic administrations to protect the animals as they navigate the globe. The law covers such disparate electricity in water experiment birds as eagles, red knots, Canada geese and vultures.

Oil companies are the greatest beneficiaries of the new interpretation, according to an analysis by the Audubon Society. They were responsible for 90 percent of incidental takes prosecuted under the act, resulting in fines of $6,500 per violation. Two disastrous oil spills, the Deepwater Horizon off Louisiana in 2010 and the Exxon Valdez oil tanker wreck off Alaska in 1989 accounted for 97 percent of the electricity grid map uk fines.

The act “has been the tool the Fish and Wildlife Service has used to work with industry to implement basic management practices,” said Sarah Greenberger, vice president of conservation for the Audubon Society, an advocacy group that studies and protects birds. “The reason the industry covers the tar pits is the Fish and Wildlife Service’s use of the MBTA as a tool to get them to the table gas finder. Why would you spend money to implement those, why would your shareholders even allow it, if there’s no reason?”

“This law was among the first U.S. environmental laws, setting this nation and continent on the enviable path to conserving our natural resources. It was passed to implement the first of four bilateral treaties with countries with which we share migratory bird populations — Canada, Mexico, Japan, and Russia,” the letter said. “Its intent, and your obligation in enforcing it, is to conserve migratory electricity symbols ks3 bird populations. Therefore, we respectfully request that you suspend this ill-conceived opinion, and convene a bipartisan group of experts to recommend a consensus and sensible path forward.”

If an activity that results in the death of birds is illegal, the guidance tells police, it “does not affect the determination of whether it results in an MBTA violation.” If, for example, a landowner used illegal pesticides expressly electricity number to kill birds, the law applies. “However, if the landowner used a pesticide to purposely kill something other than migratory birds, it would not be a violation if birds die … because the purpose of the act was not (the) taking of birds.”

In a 2011 case in North Dakota involving Continental Resources and five other oil companies, Fish and Wildlife asked the U.S. attorney there to press criminal charges because all six firms had been previously ticketed for not installing netting over their oil waste pits. However, a federal judge dismissed the gas tax criminal charges against three of the companies the following year, and vacated the settlements that the three other firms had reached with federal authorities.