Shift planned on bird protections

U.S. set to roll back rule that ended prosecutions for deaths

BILLINGS, Mont. — Longstanding protections for wild birds would be restored under a proposal unveiled Thursday to bring back prosecutions of accidental bird deaths caused by industry that were ended under former President Donald Trump.

The Interior Department announcement was made as President Joe Biden has sought to dismantle a Trump policy that ended criminal enforcement against companies over bird deaths that could have been prevented.

Hundreds of millions of birds die annually when crashing into electrical lines and wind turbines, after landing in oil pits and from other industrial causes, according to government officials and researchers.

The Biden administration in March issued a legal opinion citing court rulings that said the 102-year-old Migratory Bird Treaty Act was “unambiguous” that killing protected birds was unlawful “at any time or in any manner.”

Thursday’s proposal would cancel a rule enacted in Trump’s final days in office that blocked prosecutions of unintentional bird deaths. Interior Department officials said they will take public comment through June 7 before making a final decision.

Authorities will not be able to enforce the bird treaty in cases of accidental bird deaths until the rule is formally revoked, U.S. Fish and Wildlife Service spokeswoman Vanessa Kauffman said.

The migratory-bird policy was among dozens of Trumpera environmental actions Biden ordered reconsidered on his first day in office. Former federal officials, environmental groups and Democrats in Congress said many of the Trump rules were aimed at benefiting private industry at the expense of conservation.

Thursday’s action was hailed by environmental groups that warned more birds would die under the Trump rule. Interior Secretary Deb Haaland said it would help ensure agency decisions are guided by science.

“The Migratory Bird Treaty Act is a bedrock environmental law that is critical to protecting migratory birds and restoring declining bird populations,” Haaland said in a statement.

Industry groups that supported the Trump policy had expressed a willingness to work with Biden on the issue when he first took office.

But the Independent Petroleum Association of

America, which represents oil and natural gas producers, condemned the proposed rule cancellation and said it would cause financial harm to companies that kill birds accidentally.

“This is not a case of punishing ‘bad actors,’ but rather a situation where companies are set up for failure,” said Mallori Miller, vice president for government relations at the association.

More than 1,000 North American bird species are covered by the treaty — from fast-flying peregrine falcon to tiny songbirds and more than 20 owl species. Non-native species and some game birds, like wild turkeys, are not on the list.

Researchers have said that cats in the U.S. kill the most birds — more than 2 billion a year.

Federal wildlife officials say relatively few cases end with prosecutions because most companies are willing to take measures to address hazards that their operations may pose to birds.

Courts have been split on whether companies can be prosecuted for unintentional bird deaths.