Virginia's General Assembly has killed legislation to address the declining menhaden population.

The tiny forage fish are an important part of the food chain for sea life and a source of nutrients for people. The bill would have authorized a study of the reduction in menhaden across the Chesapeake Bay. A version of the bill last year was watered down to form only a study methodology.

Jaclyn Higgins, forage fish program manager for the Theodore Roosevelt Conservation Partnership, said along with ecological effects, the study would have focused on commercial fishing's effects.

"They were going to look at different impacts, like effort patterns," Higgins explained. "Where the more concentrated effort of the menhaden reduction industry is within the bay, if that contributes to localized depletion of menhaden in the Chesapeake Bay during the season."

The study would also have included economic impacts. Although the bill failed, two others are moving swiftly. Both would provide special protections for commercial fishing vessels, even for industrial menhaden boats. These are being met with opposition, since they could lead to even lower menhaden populations in the bay.

Chris Dollar, owner of Tackle Cove Sport Fishing, thinks the study should go forward, since it is designed to be a fair assessment of menhaden populations.

"Let the VIMS scientists, Virginia Institute of Marine Sciences, do their work," Dollar urged. "Do the sound science that will fill in the knowledge gaps about whether or not menhaden populations are at a level that can sustain the industrial harvest."

Other actions are being taken to fight for menhaden. Last May, the Chesapeake Legal Alliance filed a lawsuit challenging the Virginia Marine Resources Commission's standards on menhaden harvesting. The proposed regulations would have pushed the operations away from the shores of Chesapeake Bay with the hope of preventing net spills.

Without action, supporters argued, it is business as usual but unsustainable, as recent surveys find young menhaden populations are dwindling.

Chris Moore, Virginia executive director of the Chesapeake Bay Foundation, said the science can inform the state's decisions and goals. But, must prioritize ensuring there's a healthy menhaden population.

"First of all, we have a healthy population of menhaden in Chesapeake Bay, especially in the face of climate change," Moore pointed out. "Once we're sure that we have that, we can appropriately size our fisheries."

Last year, several groups signed a letter to Gov. Glenn Youngkin calling for menhaden operations to be moved out of Chesapeake Bay, to help protect the ecosystem.

A recent U.S. Supreme Court decision could affect public lands and wildlife in places like Wyoming.

In June, the nation's highest court overturned a nearly 40-year-old practice known as Chevron deference, which said when it comes to interpreting a vague law, courts should defer to agency expertise instead of interpreting the law themselves.

The practice has given agencies like the U.S. Fish and Wildlife Service, which oversees endangered species, the Forest Service and the Bureau of Land Management flexibility in making decisions on how a vague law plays out. The new decision tilts the scales, giving courts the final say on ambiguous statutes.

Sam Kalen, professor of law at the University of Wyoming, said the decision is far-reaching.

"That means there's going to be more power, more ability of a court to potentially do something that is, you know, against the entire purpose, if you will, even of the Endangered Species Act," Kalen explained.

In the court's majority opinion, Chief Justice John Roberts wrote Chevron kept judges from judging. In dissent, Justice Elena Kagan said it supported "regulatory efforts of all kinds," including those keeping "air and water clean, food and drugs safe, and financial markets honest."

Over the span of four decades, 70 U.S. Supreme Court decisions and 17,000 lower court decisions have invoked Chevron. Kalen noted the new decision could upset old ones.

"What we have seen in the last, I would say, couple of months is a lot of instances where parties are trying to now reargue issues where Chevron was used as a framework in the past," Kalen observed. "To me, that could be significant."

He added it is too soon to tell if revisiting old court decisions will become a trend.


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Beluga whales are known as the "canaries of the sea" for their melodious songs but conservation groups are concerned one pod in Alaska could be rendered silent.

Belugas have lived in the Cook Inlet near Anchorage for centuries but because of a deteriorating environment, they are now on the federal Endangered Species list.

Ragen Davey, Alaska marine representative for Defenders of Wildlife, said the population of the extremely social and vocal Cook Inlet belugas has alarmingly decreased by about 80% since the 1970s.

"They stay in Cook Inlet all year round," Davey explained. "They live under the ice for parts of it. There's so many different threats that are affecting them. The three main ones are noise pollution, water pollution and prey availability."

Davey noted the Beluga whales are experiencing a variety of threats not endangering other whale populations in Alaskan waters. She pointed out their territory in the Cook Inlet is right outside one of the most developed areas of the state.

While orcas and polar bears are the belugas' natural predators, Davey emphasized water pollution and a diminishing salmon population account for much of their decline. And although by law they are no longer hunted by humans, the trappings of modern-day civilization also weigh on their survival.

"When feeding, belugas use echolocation to find food," Davey added. "Parts of their habitat are in a lot of the most developed parts of the state in Cook Inlet, so commercial ships and machinery noise can really impact the whales when they're trying to find food and talk with each other."

The National Oceanic and Atmospheric Administration's Alaska Beluga Monitoring Program trains volunteer citizen observers to monitor the whales at various points along the inlet and report their findings. Davey stressed the extra eyes are needed to count them and keep tabs on the species' progress.

"I really encourage Alaska residents to sign up to volunteer for the monitoring program," Davey urged. "The more people that understand what this population is enduring, the more people that are able to join in on the recovery."

The fall migration period for birds is underway, and the nonprofit Defenders of Wildlife is trying to save as many birds as possible.

The Lights Out Texas! campaign encourages building owners, businesses, developers, and homeowners to turn off non-essential lights at night to keep birds from getting disoriented.

Azalia Rodriguez - the Texas representative for Defenders of Wildlife - said as birds fly at night they are attracted to the bright lights, and then collide with buildings during the early morning hours.

"Birds don't understand the concept of glass, they don't understand that it is an invisible barrier," said Rodriguez. "And so when they see glass they will see a tree reflected on the glass, and so they think it's habitat and they'll try to fly into that habitat."

Rodriguez said 70% of the collisions are fatal. It's estimated nearly two billion birds pass through Texas from August 15 through November 30.

Multiple cities in the Austin area, the Dallas-Fort Worth metroplex, the Houston-Gulf Coast area, and El Paso in West Texas, participate in Lights Out Texas!

You can get a real time count of the number of birds flying into a city at birdcast.info.

Rodriguez said building collisions are the second leading cause of bird deaths in the United States.

"One billion U.S. deaths occur for birds from building collisions," said Rodriguez. "It definitely is a huge problem and so it is causing a decrease in our population. Building collisions are actually the number two biggest threat to birds."

Cats are the number one threat to birds.

Peak fall migration dates are between September 5 and October 29. Spring migration dates are March 1 through June 15.