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<https://abcbirds.org/wp-content/uploads/2021/07/Baltimore-Oriole-by-Agami-P
hoto-Agency_Shutterstock_News.png>

The Migratory Bird Protection Act has been introduced to restore safeguards
for birds, like Baltimore Oriole. Photo by Agami Photo Agency/Shutterstock

(Washington, D.C., July 29, 2021) Today, Representative Alan Lowenthal
(D-CA) joined with Representative Brian Fitzpatrick (R-PA) and 46 original
co-sponsors to introduce the Migratory Bird Protection Act (MBPA)
<https://lowenthal.house.gov/media/press-releases/congressmen-lowenthal-fitz
patrick-introduce-legislation-permanently-protect> to reaffirm
long-standing protections for migratory birds against industrial take – that
is, unintentional but predictable killing of birds. Bird populations in
North America are plummeting – a stunning 3 billion birds
<http://3billionbirds.org/> have disappeared from the continent since 1970
– and federal law is essential to conserving and recovering these
populations.

The MBPA reaffirms the Migratory Bird Treaty Act (MBTA), one of our nation’s
first conservation laws, which was enacted to implement our international
treaty commitments to protect populations of migratory birds. Unfortunately,
the Trump administration finalized a regulation that cancelled protections
for migratory birds by declaring that the law no longer protects birds from
unconstrained incidental take by oil and gas developers and other
industries.

“The MBTA has been a critical tool for bird conservation for over 100
years,” Congressman Lowenthal said. “Democratic and Republican presidential
administrations since the 1970s have interpreted and applied the law in a
similar way, which has saved countless numbers of birds. Our Migratory Bird
Protection Act would prevent future federal executive action that may apply
a flawed interpretation to the MBTA, and once and for all reaffirm and
formalize all of the MBTA protections. We must prevent future
reinterpretations that might let commercial interests off the hook when it
comes to killing birds.”

“We must take the necessary steps to protect and conserve migratory bird
populations,” Congressman Fitzpatrick said. “We must ensure that
longstanding protections for birds are fully maintained while providing
greater regulatory certainty. I am proud to join Rep. Lowenthal in
introducing the bipartisan Migratory Bird Protection Act, which takes
important steps to protect millions of migratory birds.”

“Americans love migratory birds and want to see them protected,” said Jamie
Rappaport Clark, President and CEO for Defenders of Wildlife. “Stripping
away longstanding protections from birds to buffer unsafe industry practices
is irresponsible and reckless. Rep. Lowenthal’s bill puts our nation back on
track to support and protect birds for all of us to enjoy and celebrate.”

The Migratory Bird Protection Act ensures durable protections for migratory
birds from industrial activities and provides regulatory certainty to
responsible developers in managing incidental take, so long as they follow
best management practices to avoid bird deaths. This important and
reasonable approach gives industry clear and consistent expectations for
protecting birds without jeopardizing our international commitments and
conservation legacy.

“Birds have inherent value and are an economic driver along with providing
essential services necessary to people, from natural pest control to crop
pollination. This Act provides the certainty industry needs while also
ensuring birds receive the protections they deserve,” said Jennifer
Cipolletti, Director of Conservation Advocacy for American Bird Conservancy.

“Our beloved birds need our care and protection more than ever,” said Noah
Greenwald, Endangered Species Director at the Center for Biological
Diversity. “Habitat loss and climate change are accelerating rapidly, so
it’s urgent that Congress pass this bill and give birds a fighting chance at
survival.”

“With over one-third of America’s native species at increased risk of
extinction and a loss of more than 3 billion birds in the past half century,
now is the time for Congress to act,” said Dr. Carol Chambers, President of
The Wildlife Society. “Through Congressmen Lowenthal’s and Fitzpatrick’s
leadership, the Migratory Bird Protection Act will provide support for
wildlife biologists and managers to work collaboratively towards the
proactive conservation successes America is capable of.”

On a parallel track, the Biden administration decided to rescind
<https://apnews.com/article/donald-trump-wildlife-only-on-ap-billings-birds–
3a70c8432db631dce7df4f9050f1b013> a Trump-era legal memo that justified
cutting bird protections and announced a replacement rule recognizing
incidental take protections for migratory birds. The Biden administration
also formally dropped an appeal
<https://defenders.org/sites/default/files/2021-02/MBTASecondCircuitWithdraw
alAppeal.pdf> of a federal district court ruling that rejected the Trump
administration’s attempt to strip protections for birds under the MBTA.
However, the near-gutting of the MBTA by the Trump administration and the
potential for inconsistent federal court decisions highlight the fragility
of migratory bird protections. Congress should now act to assure migratory
birds have protections.

“This Act will guarantee bedrock protections for birds and the communities
who rely on and support them,” said Katie Umekubo, a senior attorney at NRDC
(Natural Resources Defense Council). “It will build upon and modernize a law
that has protected both iconic and backyard bird species for over 100 years,
right when our feathered friends need it most.”

“We have lost 3 billion birds in North America since 1970 and climate change
threatens extinction for two-thirds of bird species. It is critical that we
strengthen this baseline protection for birds and that is what this bill
will do,” said Sarah Greenberger, Senior Vice President of Conservation
Policy at National Audubon Society. “Birds are telling us they are in
trouble and we are running out of time to act. As Congress looks to build
toward America’s future, it should also help bring birds back.”

“Since 1970, we have lost 3 billion birds
<https://www.nwf.org/Latest-News/Press-Releases/2019/09-19-19-3-Billion-Bird
s-Lost> in North America – a devastating crisis for biodiversity, wildlife,
and all those who enjoy birdwatching. The Migratory Bird Protection Act
ensures durable protections for iconic migratory bird species like the
Little Blue Heron and Wood Thrush,” said Jim Murphy, Director of Legal
Advocacy for the National Wildlife Federation. “We applaud Congressman
Lowenthal’s leadership on this issue and look forward to working with
policymakers to save migratory birds.”

<https://act.abcbirds.org/a/take-action-mbta/> Please ask your U.S.
Representative to co-sponsor the Migratory Bird Protection Act and
strengthen protections for migratory birds.

###

American Bird Conservancy <http://abcbirds.org> is a nonprofit organization
dedicated to conserving wild birds and their habitats throughout the
Americas. With an emphasis on achieving results and working in partnership,
we take on the greatest problems facing birds today, innovating and building
on rapid advancements in science to halt extinctions, protect habitats,
eliminate threats, and build capacity for bird conservation. Find us on
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