The Migratory Bird Treaty Act has protected native birds since it was signed with Mexico and Canada in 1918. The act states that it is “unlawful to pursue, hunt, take, capture, kill, possess, sell, purchase, barter, import, export or transport any migratory bird, or any part, nest or egg of any such bird,” without a permit from the Department of Interior.
In theory, it is illegal to collect even a single Blue Jay feather for your cap, but of course the government does not pursue small cases. However, when Farmer Brown intentionally poisons the flock of Canada Geese in his pond, a conviction and fine may result. The fine would be applied to restoring waterfowl habitat to replace the geese that Farmer Brown “took” from the public.
When a mining corporation builds an acid-filled retention pond in the desert and leaves it uncovered, hundreds of migrating ducks can be killed when they drop in for the night. Approximately a million birds a year die this way. In such cases, the Department of Interior will pursue a criminal case based on the “take” provision of the Migratory Bird Treaty Act. The same goes for oil spills that kill pelicans, wind turbines that shred hawks and methane flares that incinerate warblers.
In each of these cases, the corporations may seek permits beforehand for “incidental take” of a certain number of birds as the unavoidable cost of the public good they provide. These are the same waivers that allow golf course operators to have their nuisance geese killed, or fish farmers to shoot cormorants and herons that eat their crop. The system has worked well for generations, keeping birds deaths to a minimum with scientific oversight of each permit and discouraging vigilantes.
However, at the behest of oil companies, the Trump administration has advised the law enforcement arm of the Department of Interior not to pursue any bird killers who did not do so intentionally. Oil companies have been the defendants in nearly all recent enforcement actions, including the heavy fines for the one million birds killed by the Deepwater Horizon blowout. When BP was cutting corners on safety and setting the stage for the worst oil spill ever, they were not intentionally trying to kill birds. The Trump administration doesn’t want them to be held responsible. And the Republicans in Congress want to make this change permanent with House Bill 4239.
If you support the current administration, please pat yourself on the back, because this is one of the things that you voted for: fewer protections for birds, even when there are treaties protecting them. Mission accomplished!
Cristol teaches in the Biology Department at the College of William and Mary and can be contacted at dacris@wm.edu. To discover local birding opportunities visit williamsburgbirdclub.org/
