Snowy Owls photo by Grant Eldridge
March 10, 2021 - UPDATE: The Trump administration’s change to the MBTA that sought to only protect birds from “intentional” killing (vastly limited the scope and spirit of the law) will take place, but it will not stand for long! To quote directly from our national website: “The [Department of the Interior] said that it will soon issue a new proposed rule to replace the Trump policy, which Biden targeted for reversal on his first day in office. Interior also said it has rescinded a controversial memo that formed the legal underpinning for the rule.” National Audubon: Bide Administration Says It Will Revoke Trump Rule That Lets Companies Kill Birds
After the Dept. of Interior delayed the new law’s start date on February 5, 2021 for one month, we see evidence that our voices do matter when rallied together. A March 1, 2021 letter composed by 252 conservation groups that called for restored protections under the act helped provide clear public support for the Biden administration’s intent to reverse the law. While the formalized reversal will take time, let’s celebrate this great moment for birds and the power our collective spirit can have. NPR: Biden Moves to Make it Illegal Again to Accidentally Kill Birds
1/21/2021 - UPDATE: With Joe Biden assuming the Presidency on January 20, 2021, he has delivered some good news for the future of the ANWR by signaling that his administration plans to place a temporary moratorium on oil and gas lease activities in Alaska’s Arctic National Wildlife Refuge. While a U.S. Bureau of Land Management representative in Alaska reports not having received guidance on this order yet, we can hope that this delays projects under the approved leases and that the administration will move to permanently ban development.
More Here: Audubon.org - Biden Wields His Pen on Day One to Reverse Trump's Environmental Rollbacks
In this edition of The Up & Up, we’re going to discuss some actions by the outgoing Trump administration that will bring harm to many of our nation’s most important birds and the environment as a whole.
But with a new administration, there is hope, and we’ve included action you can take.
Gutting the Migratory Bird Treaty Act of 1918
The current government administration is proceeding with efforts to strip away portions of the Migratory Bird Treaty Act of 1918 (MBTA). This law seeks to ensure that business practices and international commerce do not harm our migratory birds. Currently, it details penalties to companies that incidentally and intentionally bring harm to the migratory birds on the list. This long-standing law protects over 1,000 different bird species, including recent studies here on the Up & Up such as the Sandhill Crane and the Great Horned Owl. The Snowy Egret is another great example of a species that this law helped save, as it was almost hunted to extinction for its feathers, which were highly prized in the fashion industry during the early 20th century. In the past, this law typically had bi-partisan support, and it is concerning that this support is now waning.
The outgoing administration is changing the law to only protect birds from “intentional” killing, such as in activities like hunting, and leaves them vulnerable to dangers posed to birds by modern industries. For example, companies that install power lines, wind turbines, or transport oil would no longer face penalties if birds are harmed because of these structures. Power lines alone kill up to 64 million birds per year, and oil spills can be devastating to the surrounding environment and especially birds caught in the spill. Without these penalties, companies are no longer incentivized to take actions to protect these birds, and thus we can expect these companies to act in ways that will harm more birds.
The attempt to gut the law began back on 2017, but officials have moved forward to finalize the changes even after a U.S Federal District Court deemed their actions unlawful in August of this year. The government’s own Fish and Wildlife Service acknowledged the negative impact on birds, but the administration continues to prioritize enabling businesses to act without concern for the environment, instead of incentivizing creative ways for all inhabitants of the planet to coexist for necessary environmental balance.
While it may seem daunting that individual efforts can help stop this, if we all step up and act together, bringing weight to our voices in our numbers, we can effect change. The best way that you can help is to write to your local U.S. Representative asking him/her to reverse the rollback of the MBTA and support it going forward. This law has saved countless birds, and it would be tragic to see the spirit of the law torn away. Hopefully, even thought this rollback was implemented on January 5, 2021, it can be reversed by executive order by the new administration.
What You Can Do: The Audubon Society has an easy to fill out form to contact your Senators and Representatives!
Resources for more information:
The Migratory Bird Act Explained - Audubon Society
U.S. Fish & Wildlife - Migratory Bird Treaty Act of 1918
Bird Treaty Ruling, August 2020 (PDF)
Selling off Parts of the Arctic National Wildlife Refuge for Oil and Gas Drilling
In another blow to bird and nature conservation, the Trump administration issued a notice of sale to land within the Arctic National Wildlife Refuge (ANWR). Over 400,000 acres of the ANWR Coastal Plain would open up for oil and gas drilling. While oil and natural gas are valuable commodities in our modern society, their continued widespread use pollutes the environment. Commercial development of these lands will destroy the habitats of countless species such as polar bears, caribou, over 200 bird species, as well as the lands of the native Gwich’in peoples (making this a human rights issue as well). Some examples of bird species that breed in the ANWR but pass through area, and would be at risk if these lands are opened, are Snowy Owls (see The Up & Up on Owls for some more info!), Tundra Swans, Buff-breasted Sandpipers, and American Golden-Plovers. We cannot stand for the irreversible harm that will come to the United States’ largest wildlife refuge.
The approval to open the ANWR to commercial development was part of a provision of the 2017 Tax Cuts and Jobs Act. Ironically, institutions that would look to assist economic development have rejected this move. Large financial institutions like Citigroup, Morgan Stanley, Goldman Sachs, JP Morgan Chase, Bank of America, and Wells Fargo have announced they will not fund any efforts to drill in the coastal plain of the Arctic Refuge. Even oil companies like BP have pulled out of Alaska, recognizing the risk, and are not supporting any oil and gas development in the Arctic Refuge. Not only do the banks oppose this move, but a Yale University study showed that 67% of Americans oppose it (even 50% of the president’s own party). However, leases to 21 tracts on the coastal plain, about 950,000 acres, were auctioned on Jan 6. We have a clear consensus that this tragedy should not happen, and we need to work to stop it.
Please, if you agree with the majority of people of the United States and want to prevent the tragic loss of life that would occur if oil and gas companies are allowed access to the lands, write to the Bureau of Land Management (BLM) at the address below, or write to your local U.S. Representative (Write to your Rep!).
While the period for the BLM to hear commentary on these tracts of land has ended, there are actions that the incoming administration can take to lessen the damage. Bids for the tracts of land were due on December 31, 2020, and although we hoped for no bids to come in, that has not come to pass: The State of Alaska made the unusual move of entering the bidding process, allowing them to keep the parcels open for development for oil companies at a later date.
We have mixed news on the status of bids to drill on these tracts of land. U.S. District Court Judge Sharon Gleason in Anchorage declined to issue a preliminary injunction to block the auction, letting it proceed. However, as the auction proceeded, half of the offered leases drew no bids at all, and on 9 of the tracts of land Alaska's state-owned economic development corporation was the only bidder. The lack of interest hopefully foreshadows little if any development on this land, and the Biden administration can act to contain any damage. The fight is not over, and we must continue to keep the pressure on to halt further development.
While this looks bleak, our combined voices can continue to put pressure on companies not to take up these parcels of land and minimize any damage that might be done.
Resources for more information
Americans oppose drilling in the Arctic National Wildlife Refuge - Yale University
The Arctic National Wildlife Refuge Faces Its Biggest Threat Yet This Week -Audubon Society
Major Oil Companies Take A Pass On Controversial Lease Sale In Arctic Refuge - NPR