Hola,
The following is an excerpt from a long Audubon Advisory dated 3 December
2004. I've forwarded this chunk as I've heard this topic discussed around the
campfire quite a bit since the original decision was made. Thought a few
folks would like to know that it has been further defined.
Much of the rest of the advisory was about funding that was past by the
108th congress as they closed the door, and how that funding relates to wildlife
initiatives. I suspect the advisory can be found at audubon.org.
MIGRATORY BIRD TREATY ACT CLARIFICATION VICTORY
The brightest spot in the FY05 Omnibus bill is the inclusion of an Audubon
top-priority measure that restores Migratory Bird Treaty Act protection to the
law's intended beneficiaries, America's native migratory birds. The
provision, known as the "Migratory Bird Treaty Reform Act of 2004" was designed to
strengthen the existing law by ensuring that invasive species causing harm to
native migratory birds could not be extended legal protection under the Act. A
court ruling earlier this year put America's migratory birds at risk from
the very law designed to protect them. That decision, Hill v. Norton, turned
the Migratory Bird Treaty Act on its end by extending the law's protection to
destructive invasive species such as the European Starling, English Sparrow,
and Mute Swan, which cause significant ecological damage and out-compete
America's native birds for precious remaining habitat. The provision included in
the Omnibus Bill closes the loophole created by this decision, ensuring that
legal protection is not extended to the human-introduced and invasive species
that are decimating some of America's most endangered bird populations.
"Invasive species are a key factor in the decline of migratory birds," said
Audubon's Assistant Director of Government Relations Mike Daulton. "To extend legal
protection to invasive species under a key bird conservation law is a
terrible idea. The Migratory Bird Treaty Act is meant to protect migratory birds,
not protect the very species causing their destruction." The spread of the
territorial Mute Swan, for example, has caused significant damage to many
important ecosystems, including Chesapeake Bay. Mute Swans displace native birds
including Tundra Swans, Least Terns, Black Skimmers, Common Terns, and
Forster's Terns, and affect many species of waterfowl such as the American Black
Duck, an Audubon WatchList species. Many thanks for your phone calls and letters
to your lawmakers on this issue - your efforts helped make this victory
possible!
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