Migratory Bird Treaty Act

 

Migratory Bird Treaty Act Liability Rule Looks To Be Short-Lived. According to The National Law Review, “The Biden Administration is moving quickly to undo the Trump Administration’s Migratory Bird Treaty Act (MBTA) liability rule. Published as a final rule on January 7, 2021, this rule for the first time supplied a uniform regulatory definition of the scope of liability under the Act. It interpreted the MBTA’s prohibitions as applying only to actions that are ‘directed’ at migratory birds, and not to actions that ‘incidentally take’ them. The Biden Administration has taken several steps to undo the rule. On February 5, 2021, the Fish and Wildlife Service (FWS) delayed the effective date of the rule until March 8, 2021, and re-opened the public comment period on whether the rule should be amended, rescinded, further delayed, or allowed to go into effect. In its latest move on March 8, 2021, the Department of the Interior withdrew its 2017 legal opinion which preceded and formed the basis of the rule. This opinion has been the subject of legal challenges and was vacated by a federal district court in August 2020. Natural Resources Defense Council v. U.S. Dep’t of the Interior, 478 F. Supp. 3d 469 (S.D.N.Y. 2020). In withdrawing the opinion, Interior stated that this federal court decision was consistent with its long-standing interpretation of the MBTA. It is therefore likely that the Trump Administration’s MBTA liability rule will be short-lived. In its place the Biden Administration may return to policies initiated under the Obama Administration, which had considered a proposal to develop an incidental take program. Industry and project proponents undertaking activities potentially affecting migratory birds should closely monitor these developments.” [The National Law Review, 3/9/21 (=)]

 

Endangered & Protected Species

 

WI Groups Urge DNR To Rethink Future Wolf Hunts. According to Public News Service, “On the heels of Wisconsin’s first wolf hunt in several years, groups are calling for a lot more planning in future seasons, after hunters killed far more wolves than the state had intended. Last month’s hunt was prompted by a court order after wolves were removed from the federal endangered-species list. The state Department of Natural Resources wanted to wait until later this year, but a lawsuit prompted a hastily organized hunt in February, with a quota of 119 wolves. However, more than 200 were killed in just a few days. Kristin Schrank, board vice president at Alliance for Animals, said the numbers are concerning, and so are the methods that were allowed. ‘This hunt allowed hounding, night hunting, the use of leg traps and snares,’ she said, ‘so it was particularly cruel.’ If wolf-hunting continues, her group wants to restrict the use of hunting dogs and other tactics. They’re also blasting the decision to allow the hunt during breeding season, when wolf packs are more vulnerable. The DNR had said it wanted to seek input from tribal leaders and others for a plan backed by science and data, but was forced to act sooner because of the lawsuit by a pro-hunting group.” [Public News Service, 3/9/21 (=)]

 

Montana Considering Series Of New Bills To Expand Trapping And Killing Of Wolves And Bears — And Activists Say It's "An Outright War Against Wildlife". According to CBS, “Gray wolves were removed from the endangered species list less than four months ago. But now, activists say their populations, as well as other endangered wildlife in Montana, may be at risk as the state considers a series of legislative bills that set out to expand trapping and hunting regulations. Several bills are currently being weighed by legislators that would impact wolves and grizzly bears, both of which have historically struggled to maintain populations in the area. Impacting the wolves, the state’s House has passed two bills, HB 224 and HB 225, which would allow wolf snaring and lengthen wolf trapping season for an additional 30 days. The state’s Senate has passed two bills that have a more direct goal of reducing the wolf population. SB 314 would establish hunting and trapping regulations that would allow all but 15 breeding pairs of wolves to be killed. Under this bill, any individual with a single wolf hunting or wolf trapping license would be allowed to ‘harvest’ an unlimited number of wolves, and would permit individuals to use artificial light and night vision to hunt wolves on private land at night. SB 267 would establish what the Humane Society equates to a ‘bounty system,’ in which people with hunting licenses can be reimbursed for the money they spent on hunting or trapping wolves.” [CBS, 3/9/21 (=)]

 

Brevard Ground Zero As Florida Manatee Deaths Surge Past 400 In First Two Months. According to Orlando Sentinel, “Florida manatees are dying at an alarming rate in the first two months of 2021, more than tripling the normal amount of fatalities seen during the same period over the last five years. The Florida Fish and Wildlife Conservation Commission has posted in its preliminary manatee mortality statistics that from Jan. 1-Feb. 26, the state has recorded 403 manatee deaths, the majority of which have not had a necropsy to determine cause of death. Brevard County by far leads the way with 186 of those deaths. The five-year average for the same time period is 129 manatee deaths. The FWC said it was investigating the high mortality in the central and south Atlantic coastal regions of Florida. Most of the deaths are occurring in the Indian River Lagoon. ‘Environmental conditions in portions of the Indian River Lagoon remain a concern,’ the FWC posted on its manatee program site. ‘Preliminary information indicates that a reduction in food availability is a contributing factor. We will continue with a comprehensive investigation and share information as it becomes available. The FWC has always done a rigorous and thorough job at investigating threats to manatees.’ According to the St. Johns River Water Management District, a reduction in seagrass in the lagoon could be the primary cause. The district cites that since 2009, 58% of the seagrass has disappeared, mostly because of an increase in nutrients in the water that come from runoff into the lagoon.” [Orlando Sentinel, 3/8/21 (=)]

 

Editorial: California’s Monarch Butterflies Could Disappear, Unless We Act Now. According to Los Angeles Times, “It wasn’t so long ago that orange clouds of monarch butterflies would descend upon the California coast every winter. The western population of the majestic butterfly migrates from nearby states to spend the cold months in groves of trees between Marin County and San Diego. In the 1980s, there were millions of monarch butterflies wintering in California. Counts in 2018 and 2019 found only around 30,000 monarchs, less than 1% of the population’s historical size. In November, volunteers counted just 2,000. Habitat loss, pesticide use and climate change have whittled down the monarch butterfly population nationwide, but monarchs west of the Rocky Mountains have been especially hard hit. There’s a very real possibility that the western population could disappear. Yet despite the dire situation, monarch butterflies do not have endangered-species protections. A Sacramento Superior Court judge ruled last year that insects couldn’t be protected under California’s Endangered Species Act. The state is appealing the ruling, but ultimately the Legislature may need to make clear that butterflies, bumblebees and other insect species are eligible for state protection. Conservation groups sought to add monarch butterflies to the federal list of threatened and endangered species in 2014. In the final months of the Trump administration, the U.S. Fish and Wildlife Service decided that while the butterflies meet the criteria for listing, they weren’t a high enough priority to be listed yet. Essentially, monarchs were waitlisted for full protection. The Biden administration should reconsider that decision.” [Los Angeles Times, 3/10/21 (=)]

 

Wildlife

 

Don Young Bill Would Bar Presidential Oil Freeze. According to E&E News, “Alaska Republican Rep. Don Young introduced legislation yesterday that would hobble President Biden — and any future president — from unilaterally restricting oil and gas leasing in the Arctic National Wildlife Refuge. The ‘America Needs Worthwhile Resources (ANWR) Act’ would bar presidents from enacting such oil and gas leasing moratoriums without the approval of Congress. Biden paused all oil and gas activity in the refuge shortly after taking office in January, making good on a campaign promise in the near term but leaving the future of oil and gas access on the refuge’s coastal plain uncertain. The president has also called for a national leasing moratorium pending the result of a climate review of the federal oil and gas program. Young said Biden’s actions were unsurprising but disappointing. ‘Alaskans have shown for decades that energy development and environmental protection can go hand in hand,’ Young said in a statement. ‘[Biden’s] executive actions serve only to hinder our state’s economy, stifle energy independence, and prevent the Alaska Native community of Kaktovik from responsibly using their lands.’ The Republican-controlled Congress in 2017 upended a decadeslong block on oil exploration in the refuge by mandating two lease sales via a rider in the federal tax overhaul.” [E&E News, 3/10/21 (=)]

 

Wildlife Corridors

 

Utah Wildlife Habitat, Migration Corridor Permanently Protected. According to Utah Policy, “Nearly 4,900 acres of prime elk habitat in northcentral Utah is now forever protected thanks to a conservation-minded landowner, the USDA Forest Service, Utah Division of Forestry, Fire and State Lands (FFSL), and the Rocky Mountain Elk Foundation. ‘This action by the Simonsen family to place a conservation easement on their land to protect its wildlife values speaks volumes to their understanding of and dedication to elk and other wildlife,’ said Kyle Weaver, RMEF president and CEO. ‘We appreciate and salute them as well as our partners at FFSL who will manage the easement.’ The property, divided up into two separate nearby tracts, is roughly 40 miles east of Spanish Fork in the Wasatch Mountain Range. Bordered on three sides by the Uinta-Wasatch-Cache National Forest, it provides spring, summer and winter range for elk and is also a crucial calving area. Additionally, it is an important migration corridor for elk and mule deer alike. While the acreage features four different types of forest stands including aspen, it also consists of several miles of the Left Fork and Middle Fork of the White River plus miles of perennial and intermittent streams, meadows and riparian areas with ponds benefiting many bird, animal and fish species.” [Utah Policy, 3/9/21 (=)]

 

Invasive Species

 

Wildlife Agency Says Invasive Zebra Mussels In Moss Balls. According to Associated Press, “The Tennessee Wildlife Resources Agency warned on Tuesday that invasive zebra mussels could be hiding in so-called moss balls sold for aquariums. Zebra mussels are one of the most destructive invasive species in North America, according to the U.S. Fish and Wildlife Service. In order to ensure that they do not reach any local water bodies, the wildlife agencies are asking aquarium owners who have ‘moss balls,’ really a species of green algae, to destroy them and disinfect their tanks. … Cole Harty, TWRA Aquatic Nuisance Species Coordinator, said in a news release that aquarium water should never be dumped into drains that can lead to local waters. ‘This situation shows how easily an invasive species could be introduced by someone improperly disposing of their aquarium contents,’ he said.” [Associated Press, 3/9/21 (=)]

 

 

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