Earlier this month, the U.S. Fish and Wildlife Service moved to codify into law its "new interpretation" of the Migratory Bird Treaty Act (MBTA) allowing companies to kill birds as "incidental take" without any repercussions. If the regulation passes, businesses need not concern themselves if they kill birds in open oil pits, on inadequately protected power lines, with poorly sited or managed wind and solar concentration farms, by paving over important bird habitat, or any other means so long as their "legal activities" did not set out to intentionally kill birds. The U.S. Fish and Wildlife Service claims that this regulation is intended to eliminate "regulatory burdens and uncertainty on the public with regards to complying with bird take prohibitions," but historically there has been little—if any—ambiguity in interpretations of the MBTA:  Dead birds whose loss could have been easily prevented = fines. Instead, the change will significantly weaken the main environmental regulation protecting native birds.

Though initially introduced to put an end to overhunting and potential extenction of our native birds by the plume trade, the MBTA has been used since the 1970s to fine companies when they injure or kill birds due to negligence or indifference. When the Exxon Valdez ran aground in 1989 spilling crude oil into Prince William Sound and killing over 250,000 birds, the MBTA helped ensure Exxon paid $12 million to the North American Wetlands Conservation Fund, money which helped clean and restore the area. When PacificCorp pled guilty under the MBTA to killing over 200 Golden Eagles between 2007 and 2009 due to poorly insulated power lines, the company agreed to pay $1.4 million in fines/restitution and spend an additional $9.1 million to repair or replace equipment to protect migratory birds from future electrocution. When the Deepwater Horizon exploded in 2010 and leaked oil into the Gulf of Mexico for months killing over one million shorebirds, the MBTA mandated BP pay $100 million in fines, money that went directly to Gulf habitat restoration. Such penalties hold companies accountable when their actions or inactions cause environmental harm and also work as a strong deterrent of shoddy environmental stewardship; under the new interpretation of the MBTA, these companies would have incurred no fines since all these bird deaths were the result of "legal business activity." Already, businesses are asking if they can avoid taking formerly required actions to protect migratory birds.

CKAS strongly opposes this new regulatory interpretation. Protecting birds and the environment is not a cumbersome burden but the responsibility of everyone—corporations included. Please add your voice to those speaking out against this short-sighted statute and speaking up for our native birds. The public may submit comments regarding the proposed rule at regulations.gov until March 19th.

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This year marks the 11th straight annual appearance of the Raptor Rehab education birds at the Fayette County Science Fair.  Ever since 2010, Central Kentucky Audubon Society has sponsored the live raptor exhibit. As in years past, our table drew "bird groupies"—students showing up even before the birds, wanting to help set up tables, and itching for a glimpse of the feathered superstars. We also saw several people who were not Science Fair participants but who had seen the event posted in our newsletter, on our event calendar, or on Facebook; thanks to those who stopped by to chat and let us know we're getting the bird word out in ways that work for you. We were again able to provide several door prizes (the stuffed owls seemed to be a big hit) which also included free one-year memberships to Audubon Magazine. Congratulations to everyone who won; but really, anyone who stopped by the table to enjoy the live birds was a kind of winner as well!
 

      Grace (lucistic Red-tail), Cali (Peregrine Falcon), and Soren (Barn Owl) at the Fair

Just a reminder that the Kentucky Audubon Council will award TWO scholarships to the Hog Island Audubon Camp to attend one of three 2020 sessions: Building Better Birding Skills (June 7-12), Field Ornithology (June 21-26), or Sharing Nature: Educator's Week (July 12-17). The scholarships cover all fees, lodging, meals, instruction, and in-camp boat trips and are open to residents of Kentucky who have demonstrated curiosity and/or passion about birds, ornithology, bird watching, environmental and/or nature studies. Preference is given to Kentucky teachers, but you need not be a teacher to apply. Recipients will be expected to share their experiences with the nearest Kentucky Audubon chapter by giving a presentation at one that chapter’s meetings. Applications are available via the KAC Scholarship page and must be submitted by February 15th.

NOTE: Sorry the late February newsletter distribution date didn't give you much time to get this together, but it was in the last newsletter too.