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Trump administration rule ends prosecuting industry for unintentionally killing birds

Trump administration rule ends prosecuting industry for unintentionally killing birds
January 9, 2021 Michigan Public

 Lester GrahamMichigan Radio

The Great Lakes News Collaborative includes Bridge Michigan; Circle of Blue; Great Lakes Now at Detroit Public Television; and Michigan Radio, Michigan’s NPR News Leader; who work together to bring audiences news and information about the impact of climate change, pollution, and aging infrastructure on the Great Lakes and drinking water. This independent journalism is supported by the Charles Stewart Mott Foundation. Find all the work HERE.


The Trump administration has finalized a rule that will cut protections for migratory birds.

The federal government will no longer prosecute companies and landowners who unintentionally kill migratory birds.

The U.S. Fish and Wildlife Service changed part of the Migratory Bird Treaty Act which has protected birds for more than 100 years.

“So what this means, in essence, is that companies and farms and a lot of other instances will no longer be under the threat of criminal prosecution for killing large mass numbers of migratory birds,” Sean Hammond with the Michigan Envrionmental Council said.

Starting next month, industry and landowners won’t be held responsible for any unintentional or accidental bird deaths.

“Essentially the shift is now that unless you are intending to kill the birds, you won’t be under criminal prosecution,” Hammond said.

Last year the proposed rule was struck down by a federal judge, but the agency is now citing another court decision in finalizing the rule.

The Act was used to punish companies for killing birds. For example, a settlement with BP cost the oil company $100 million for bird restoration after birds were killed during the Deep Water Horizon oil spill in the Gulf of Mexico.

Until this rule change the 1918 Migratory Bird Treaty Act forced companies to be more careful or be penalized.

“It certainly has guided principles of conservation in companies knowing that they are potentially at risk if they overspray pesticide while birds are coming through or things like that,” Hammond explained.

Hammond noted with climate change and bird populations already dropping, the elimination of protections is disturbing.

A Trump administration official’s statement said landowners and industry should not be punished for accidentally killing migratory birds in the otherwise lawful pursuit of business.


Read more news on Great Lakes Now:

Big Week for Small Birds: The Biggest Week in American Birding started on Friday

Piping Plovers: Film fest spotlights endangered bird’s return to Chicago’s Lake Michigan shore

Great Lakes Moment: Decline of bird species should serve as a warning

Great Lakes Moment: One man’s foray into high-tech, long-distance birding

Upside-Down Eagle: Bald eagles have faced a number of pollutants but are now a Great Lakes success story


Featured image: A great white egret visiting Michigan was one of nearly a thousand kinds of migratory birds protected. (Photo Credit: Lester Graham)

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