NEW YORK -- Conservationists hope to overturn a last-minute rule change by the outgoing Trump administration they say drastically undermines protections for migratory birds.

The final rule, announced Tuesday, would change enforcement of the Migratory Bird Treaty Act.

It would shield the oil and gas industry and other corporations from liability for acts that kill large numbers of birds, such as oil spills or open toxic waste pits, if killing birds wasn't the purpose of the action.

Mike Leahy, director of wildlife hunting and fishing policy for the National Wildlife Federation, is confident the rule will be overturned.

"We're involved in a lawsuit against the rule and the courts have already weighed in and said the rule is essentially clearly illegal," Leahy explained. "They just haven't had a chance to rule on the final rule yet."

Supporters of the rule change say it simply reaffirms the original meaning of the Act by protecting companies from prosecution for accidentally killing birds.

But Leahy contended Congress was very clear when it passed the Act in 1918 that it was not simply protecting birds only from intentional killing.

"Congress intended it to give protection against all harms and loss of life of birds, and it set up a very clear process for addressing unintentional or small impacts," Leahy asserted.

He said oil spills, waste pits and power lines kill millions of birds every year, and the rule change would remove incentives for companies to protect birds from harm.

Leahy noted President-elect Joe Biden is also likely to reverse the changes to the Migratory Bird Treaty Act rule after he is sworn into office later this month.

"We are hopeful that the incoming administration will establish a permitting process to address this problem and reinstate the protections written into the Migratory Bird Treaty Act against all loss of life of birds," Leahy concluded.

Conservation groups say the Hawaiian Islands are on the leading edge of the fight to preserve endangered birds, since climate change and habitat loss are making it difficult for many indigenous species to survive.

A coalition of conservation organizations will hold the annual Manu o Ku Festival this weekend to celebrate the islands' myriad species.

John Kantor, a wildlife biologist with the National Wildlife Federation, said the U.S. Migratory Bird Treaty Act has helped preserve many exotic Hawaiian species.

"The federal Endangered Species Act, and the funds that are raised for migratory birds under the various programs there, are funding the frontline researchers and conservationists and folks that are trying to solve this multitude of issues that threaten Hawaii's birds," he explained.

The festival, sponsored by the Conservation Council for Hawaii and the National Wildlife Federation, will run from 10 a.m. to 2 p.m. Saturday at the Coronation Pavilion of the Iolani Palace in Honolulu.

Kanter said the Migratory Bird Treaty was created in 1918 and updated in 1936. In conjunction with Canada, Mexico and other nations, it limits the taking of certain species for commercial products or as game. He cited the wood duck as one example, which is now plentiful but was almost wiped out a century ago.

"That species was almost extinct," he said, "and it is a hunted species - but there's strict regulations that are developed between the U.S. Fish and Wildlife Service and the states every year, based on the number of birds, that then are applied to the following season."

This year's festival celebrates the manu o ku, or white fairy tern, as an ambassador for other native Hawaiian species. Organizers have said conservation groups, educators and others are invited to share games and activities for people of all ages in learning about the manu o ku.

An environmental group is suing the U.S. Fish and Wildlife Service to protect the Arkansas mudalia snail under the Endangered Species Act.

In Arkansas and Missouri, including along the North Fork River, mudalia are critically endangered freshwater snails.

Trisha Sharma, legal fellow at the Center for Biological Diversity, emphasized the need to save the snail from vanishing entirely. She said freshwater mollusks are the most endangered group of animals in North America, and snails are the most endangered mollusks.

"We've already lost more than 70 species of freshwater snails," Sharma pointed out. "The Endangered Species Act has a very high success rate. So if we can get it listed and protected under the ESA, it's highly likely that the species will survive and be able to continue playing its important role in the ecosystems where it's found."

Sharma noted areas where the Arkansas mudalia can be found have decreased by 90% and the main threat to the species is habitat degradation, primarily from dam construction and operation along the rivers.

Sharma emphasized mudalia is also threatened by habitat loss from grazing, logging and mining. She added climate change is also expected to threaten the species.

"Part of what can make a species more resilient to climate impacts is its ability to disperse as its habitat becomes unsuitable, and to essentially relocate to areas where it can survive," Sharma explained. "But snails have a pretty narrow set of habitat requirements and very limited dispersal capabilities."

Sharma said freshwater snails play a crucial role in managing nutrients by consuming detritus and plant matter, preventing their decay and subsequent disruption of water quality, and snails are vital for food webs, converting unusable food sources into usable ones for birds and turtles.


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Today is Earth Day, and one initiative in southern Arizona is helping build public gardens providing beneficial habitat for pollinators, from Monarch butterflies to bees and bats.

Emily Bishton, founder and coordinator of the Arivaca Pollinator Pathway Project, said the human population depends on these animals and insects, as many of our foods and plant-based products require pollination. But human activity and climate change have put pollinators in jeopardy and Bishton wants to increase awareness of how crucial they are.

"The best chance you have for attracting and nurturing pollinators is with the species that they've co-evolved with," Bishton explained. "They will instinctively know that is food for them, or a place they can lay their eggs. They also are more likely to be able to put up with the way our climate is now and the way it is changing."

Bishton pointed out one focus of the project is to get Arizonans to plant more native species like milkweed, which is especially critical for Monarch butterflies. She would also like people to reconsider the use of pesticides since they do kill pests but also other beneficial insects. She suggested contacting a local county extension service or master-gardener program for alternative methods.

Madian Romero, technical assistant supervisor for the Caviglia-Arivaca Library, has been responsible for getting teenagers in the area to participate in the Arivaca Pollinator Pathway Project. They not only help build garden spaces around town but grow their knowledge behind the importance of pollinators, as well as community building.

"The teens, they've come up with ideas on how to fundraise for the projects," Romero emphasized. "Each business that agrees to have a garden, it can be free."

Romero added the project has also been a character-building exercise for the young people of Arivaca, and hopes it is an experience they will cherish.