NEW YORK – The Migratory Bird Treaty Act, one of the first environmental laws in the country, turned 100 this week – but the protection it provides is in serious jeopardy.
Many states have named this the "Year of the Bird" in recognition of the centennial. But the U.S. Interior Department has said the legal penalties in the Act apply only to intentional killings.
Bob Dreher, vice president for conservation with Defenders of Wildlife, points out that the MBTA has been vitalin protecting millions of birds a year from industrial activities that cause their unintended but foreseeable deaths.
That includes oil spills and the oil industry practice of maintaining large, open oil pits and tanks that birds mistake for water.
"There can be thousands, tens of thousands of birds that will get killed in a single large oil pit or oil tank,” says Dreher. “And it's really simple common sense to cover those tanks or to put a netting over them to keep the birds from landing on them."
The Interior Department has told federal wildlife enforcement agencies that the MBTA no longer applies to actions not specifically intended to kill birds.
New York is a major crossroads for migratory birds. Now the Trump administration wants to allow oil drilling in the state's coastal waters.
Ana Paula Tavares – executive director, Audubon New York and Audubon Connecticut – notes that the Deepwater Horizon oil spill killed tens of thousands of birds.
"There was about $100 million in investment in restoring bird habitat that would have not been available if it was not for the MBTA," says Travares.
Seventeen former top Interior Department officials from almost every presidential administration since the early 1970s have repudiated the new interpretation of the Migratory Bird Treaty Act.
Though the Interior Department's actions could be reversed by Congress or a change in the administration, Dreher says that could take months or years.
"In the meantime, birds are at risk and so, we're doing the only thing we can to try to turn this back as quickly as we can – and that is to ask the court to reverse it," says Dreher.
A coalition of groups, including the Audubon Society and Defenders of Wildlife, has filed a federal lawsuit in New York challenging the elimination of MBTA protections for birds.
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An effort to restore Northern pike habitat in Green Bay is also benefiting other wildlife species and raising local awareness about the effects of climate change.
The primary goal of the multicounty collaboration was to create fish passage openings by building culverts and restoring wetlands to improve spawning habitat for the Northern pike.
Ken Dolata, county conservationist for Oconto County, said the project has since expanded to benefit a wider range of species. Dolata noted most types of Wisconsin wildlife depend on wetlands at some point in their lives, including Northern pike.
"They're very important for controlling bait fish population out there," Dolata explained. "It is a very sought-after fish, especially in the winter time along the bay shore. There'll be people lined up out there ice fishing and recreational wise, it's a huge draw."
Dolata added restoring these areas has given the researchers a unique opportunity to study the travel and reproductive patterns of Northern pike. Their grant funding ends in 2027 but they hope to continue the projects.
Chuck Druckrey, water resource specialist for Marinette County, said half of the remaining wetlands on Lake Michigan are on the West shore of Green Bay. So far, 82 projects have been completed there, opening up 200 stream miles and restoring nearly 20 acres of wetlands. Druckrey pointed out agriculture has replaced many wetlands with ditches, which have become problems for pike and other species.
"What the ditches have done is they've disconnected the waterway from the wetland, because the ditches are deeper than the original streams were," Druckrey observed. "Even if the fish can swim up the ditch, sometimes they can't get out of the ditch into the adjoining wetlands. So that's a lot of the restoration work, is just easing that."
He thinks their progress could become more challenging given the threat of climate change and heavier rainfall but the projects have also provided opportunities to raise awareness of the issues.
They have made two acres of land into an outdoor classroom, for hands-on teaching to students about the importance of wetlands and wildlife habitat.
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Colorado Parks and Wildlife wants to hear from all Coloradans about their updated 2025 State Wildlife Action Plan, a blueprint for preserving at-risk wildlife over the next 10 years.
Since the first plan was launched in 2005, the number of active bald eagle nests has grown from less than 50 to nearly 300.
Madison Martin, deputy director of the Colorado Wildlife Federation, said the plan has also helped peregrine falcon populations and the state's river otters.
"Not only is it fun to see them out in their habitat when you're hiking or enjoying other outdoor activities but they're really crucial for the water systems here in Colorado," Martin explained. "Seeing them playing means that there's a healthy ecosystem going on."
Martin cautioned the work is far from over. The plan identifies 626 "Species of Greatest Conservation Need" including Colorado's iconic bighorn sheep, native cutthroat trout and golden eagles. The plan's list includes 249 butterflies and other invertebrates, six amphibians, 19 reptiles, 35 fish, 48 mammals, 74 birds and 195 plants. More information about the plan and submitting comments is available online at EngageCPW.org.
Kacie Miller, State Wildlife Action Plan coordinator for Colorado Parks and Wildlife, said the new plan aims to maximize limited resources by bringing state agencies, partner organizations and residents across the state together to advance conservation efforts.
"We really want to have it be the place where people can learn about these species and their habitats, and also what's needed or what's threatening them," Miller outlined. "We can all be working together to leverage each other's work."
Martin pointed out the public comment period offers Coloradans a once-in-a-decade chance to speak up for the species and landscapes that matter to them. She added if there are species or habitats not in the plan but should be, scientists need to know.
"It's incredibly important for the public to take a look at this, make comments," Martin urged. "Because essentially what we're trying to do is improve the species and the habitats in your backyard."
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A small fox that lives on the Channel Islands off the coast of southern California is thriving after near extinction. The island fox - found nowhere else on Earth - was listed as endangered in 2004 when only about 30 remained.
A multi-agency recovery effort that started in 1999 resulted in the fastest comeback of any terrestrial mammal under the Endangered Species Act.
Chuck Graham, a photographer, traveled to the islands to chronicle their recovery and share the story.
"It wouldn't have happened without all the work of the biologists and everything," said Graham. "I mean otherwise, if it wasn't successful, it would have been a really big disappointment - but everything worked out."
Revered by the islands early Indigenous people, the fox weighs just four pounds, smaller than the average house cat. A photo exhibit by Graham is currently on display at the Santa Barbara Maritime Museum.
The population began plummeting in the 1960s after predatory golden eagles replaced bald eagles who could no longer breed on the islands due the effects of runoff from the pesticide DDT. Before the island fox could recover, golden eagles were relocated to the mainland and 61 bald eagles were reintroduced starting in 2002.
With the predators gone, the fox survival rate increased to 90% and the population rebounded to more than 2,000 in 2015. Graham said he wanted to document not just the Island Fox, but its environment and the urgency of preserving it.
"I knew the foxes were an item and I knew the bald eagles were, but it was one of those things that you just have to go to know," he explained. "I definitely broadened awareness."
Scientists still debate how the foxes got to the islands some 10,000 years ago. Some speculate they rafted there on storm debris when ocean levels were lower, or were more likely introduced by the Native American Chumash Tribe who considered them a sacred animal.
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