Vashti “Tice” Supplee breathed a huge sigh of relief when she saw the news about the birds.
A federal judge struck down the Trump administration’s attempt to scale back federal regulations for species protected by the Migratory Bird Treaty Act. Under the Trump rule change, companies that accidentally killed migratory birds during the course of their work would no longer face the possibility of criminal prosecution.
“Without this act, we would have no way of holding people accountable for the incidental deaths of migratory birds. I hope this court ruling ends this debate and we return to prioritizing the protection of these birds.” said Supplee, who is the bird conservation director for Audubon Southwest.
“This is especially important here because Arizona is home to or in the path of many of these migratory birds, like the burrowing owl and botteri's sparrow,” she said.
Of the 35 birds listed as “priority species” by Audubon Southwest, indicating the species’ long-term survival is threatened, all but one — the montezuma quail — is protected by the act.
In the 31-page opinion outlining the ruling, U.S. District Judge Valerie Caproni cited the Pulitzer Prize-winning novel “To Kill a Mockingbird” to support her decision.
“It is not only a sin to kill a mockingbird, it is also a crime,” Caproni wrote. “That has been the letter of the law for the past century. But if the Department of the Interior has its way, many mockingbirds and other migratory birds that delight people and support ecosystems throughout the country will be killed without legal consequence.”
According to the law, any violation of the MBTA is a misdemeanor punishable by a fine of up to $15,000 and imprisonment for up to six months. Any attempt to take a migratory bird with intent to sell is a felony punishable by a fine of up to $2,000 and imprisonment for up to two years.
An Interior Department spokesperson suggested the ruling was not meant as an attack on birds.
"This opinion undermines a common sense interpretation of the law and runs contrary to recent efforts, shared across the political spectrum, to de-criminalize unintentional conduct," said Connor Swanson, a spokesman from the Department of Interior. "This decision does not change the fact that the U.S. Fish and Wildlife Service has been and remains committed to protecting and conserving migratory birds."
Swanson did not comment on whether the department would appeal the judge's decision. Vanessa Kauffman, a public affairs specialist on migratory birds with the Fish and Wildlife Service, declined to comment.
In its last months, the Obama administration issued a legal opinion stating the Migratory Bird Treaty Act of 1918 included incidental killing of birds. The Trump administration suspended that opinion in 2017 and issued another legalizing incidental killings.
Neither the Endangered Species Act or the Bald and Golden Eagle Protection Act were affected.
The attempt to redefine the protections was another in a series of moves by the Trump Administration that conservation advocates say would weaken protections for natural resources and wildlife species.
In response, eight states, the National Audubon Society and several conservation groups — including the Center for Biological Diversity based in Tucson — filed lawsuits challenging the opinion.
Noah Greenwald, the endangered species director at the Center, said he hopes the outcome of other lawsuits mirror this one.
“To think we can just ignore our actions that result in the death of migratory birds is just wrong,” Greenwald said. “The fact the Trump administration attempted to curtail protections for these birds is very concerning, but hopefully this decision will set the precedent for many of the things the administration is challenging.”
In a statement, Sarah Greenberger, interim chief conservation officer for the National Audubon Society, said the “court decision cuts through all the noise and confusion to unequivocally uphold the most effective bird conservation law on the books... This is a huge victory for birds and it comes at a critical time.”
A 2019 study by Science Magazine found that bird populations across North America have been steadily declining. According to the Fish and Wildlife Service, both natural and human issues are the source of the declining bird population.
The Fish and Wildlife Service, which is part of the Department of Interior, maintains a list of over 1,000 birds protected by the act, many of which are native to Arizona.
“Without this act, all of them would be vulnerable to death by thoughtlessness,” Supplee said.
More than 700 million migratory birds die every year because of human-made hazards, according to estimates from the Fish and Wildlife Service. The majority of these deaths are caused by collisions between birds and building glass.
“This decision and the act itself forces companies to be more careful with their activities so that we don’t end up with fewer and fewer birds,” Supplee said. “I don’t want to live in a world like that, and I don’t want to pass on a world like that to my grandchildren.”
Anton L. Delgado is an environmental reporter for The Arizona Republic and azcentral.com. Tell him about stories at anton.delgado@arizonarepublic.com. Follow his reporting on Twitter at @antonldelgado.
Environmental coverage on azcentral.com and in The Arizona Republic is supported by a grant from the Nina Mason Pulliam Charitable Trust. Follow The Republic environmental reporting team at environment.azcentral.com and @azcenvironment on Facebook, Twitter and Instagram.
"bird" - Google News
August 19, 2020 at 09:00PM
https://ift.tt/34diohJ
Migratory birds keep protections as judge strikes down Trump administration rule change - AZCentral
"bird" - Google News
https://ift.tt/2s1zYEq
https://ift.tt/3dbExxU
Bagikan Berita Ini
0 Response to "Migratory birds keep protections as judge strikes down Trump administration rule change - AZCentral"
Post a Comment