Date: Fri, 12 Jan 2001 10:41:50 -0500 Reply-To: Maryland Birds & Birding Sender: Maryland Birds & Birding From: "Hershberger, Wilbur" Subject: Pres Clinton Exec Order on Migratory Birds MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Office of Public Affairs 1849 C Street, NW Washington, DC 20240 202/208 5634 Fax: 202/219 2428 January 11, 2001 Chris Tollefson 202-208-5634 PRESIDENT CLINTON ISSUES EXECUTIVE ORDER ON MIGRATORY BIRDS President Clinton today issued a landmark Executive Order that requires Federal agencies to avoid or minimize the negative impact of their actions on migratory birds, and to take active steps to protect birds and their habitat. The Executive Order directs each Federal agency taking actions having or likely to have a negative impact on migratory bird populations to work with the U.S. Fish and Wildlife Service to develop an agreement to conserve those birds. The protocols developed by this consultation are intended to guide future agency regulatory actions and policy decisions; renewal of permits, contracts or other agreements; and the creation of or revisions to land management plans. In addition to avoiding or minimizing impacts to migratory bird populations, agencies will be expected to take reasonable steps that include restoring and enhancing habitat, preventing or abating pollution affecting birds, and incorporating migratory bird conservation into agency planning processes whenever possible. Most bird species in the United States are protected by the Migratory Bird Treaty Act of 1918, the domestic law that implements the United States' commitment to four international conventions for the protection of shared migratory bird resources. The Migratory Bird Treaty Act (MBTA) protects species or families of birds that live, reproduce or migrate within or across international borders at some point during their annual life cycle. Federal courts have affirmed that Federal agencies are subject to the MBTA's prohibitions on "take" of migratory birds. The Executive Order is designed to assist Federal Agencies in their efforts to comply with the MBTA, and does not constitute any legal authorization to take migratory birds or otherwise supercede the MBTA's requirements. The MBTA requires Federal agencies to have regulatory authorization from the Service before taking migratory birds. The Executive Order will serve to enhance coordination and communication among Federal agencies and build upon the progress that has been made in recent years on conservation of migratory birds. For example, the Executive Order will aid in incorporating existing national planning efforts for bird conservation into agency programs, and provide the formal Presidential guidance necessary for agencies to integrate migratory bird conservation more fully into their activities. Service Director Jamie Rappaport Clark hailed the President's order, calling it an important step for conservation. At a time when populations of many migratory bird species are in decline, the active participation of the Federal government can make a significant difference for their survival, she said. "This Executive Order is a clear statement of the Administration's commitment to migratory bird conservation, and a recognition that the Federal government must lead the way in incorporating wildlife conservation into its actions whenever possible. By taking actions to protect migratory birds, Federal agencies can demonstrate to the nation that doing so is not only the right thing to do, but also something that, with modest effort, can improve the environment for both wildlife and people," Clark said. The Executive Order directs agencies to meet their obligations to conserve migratory birds within existing budget parameters, and does not alter any agency's overall mission or responsibilities. There are expected to be no significant impacts on state or local governments, private organizations or individuals. During the past 30 years, about one-fifth of the bird species native to the United States have declined at rates equal to or exceeding 2.5 percent per year. A trend of this magnitude represents a cumulative decline of more than 50 percent over a span of 30 years. Declines this large are considered to be biologically meaningful, even for species that are widely distributed and relatively abundant. These losses are not restricted to just one or two groups of birds; birds of grassland, wetland, scrubland, and woodland habitats have all been affected. Non-migratory permanent residents have been affected, as have long-distance neotropical migrants. "Birds are important, not only as a measure of the overall health of our environment, but also to our quality of life and our economy. Protecting them just makes sense," said Clark. As directed by the Executive Order, within 2 years each Federal agency taking actions that are having, or likely to have, a measurable negative impact on migratory bird populations must develop and implement a Memorandum of Understanding (MOU) with the Service for the conservation of migratory bird populations. The Service, in cooperation with these agencies, will develop a schedule for completion of these MOUs within 60 days that gives priority to agencies having the greatest impacts on migratory birds. In addition to requiring consultation with the Service and consideration of migratory bird conservation for agency actions, the Executive Order also: - Establishes a Council for the Conservation of Migratory Birds to assist agencies in implementing the order. Composed of administrators from the Departments of the Interior, Commerce, Agriculture, Transportation, Defense and the Environmental Protection Agency, the council will also serve as a clearinghouse to share the latest migratory bird information with Federal agencies. - Directs agencies to ensure that environmental analyses of proposed Federal actions required by the National Environmental Policy Act evaluate the effects of those actions on migratory birds. - Requires agencies, within the scope of their regular activities, to control the spread and establishment in the wild of exotic animals and plants that may harm migratory birds and their habitat. - Requires agencies to provide advance notice of any action that may result in the take of migratory birds, or to report annually to the Service on the numbers of each species taken during the conduct of any agency action. Agencies are directed to avoid the take of any species identified by the Service as being of particular concern, and to consult with the Service to set out guidelines for any actions resulting in take. Aside from their environmental importance, bird-related activities are also some of America's most popular pastimes. In fact, bird watching outpaces golf and rivals gardening in terms of the number of participants. In 1996, more than 63 million people went bird watching, fed birds, or went on trips to watch birds and other wildlife. They directly spent an estimated $29 billion on these activities, generating almost $85 billion in related economic activity, creating more than one million jobs and producing $5.2 billion in federal and state tax revenues. The National Audubon Society's Christmas Bird Count, which ended January 5, is a prominent example of both the popularity of bird watching and the important role citizens play in migratory bird conservation. Begun in 1900 by a small group of birding enthusiasts, the count is now in its 101st year. This year, more than 55,000 volunteers from all 50 states, every Canadian province, parts of Central and South America, Bermuda, the West Indies, and Pacific islands counted and recorded every individual bird and bird species seen during a select 24-hour calendar day. The results of the Christmas Bird Count constitute the world's longest-running ornithological database, and continue to grow in importance as a monitor of the status of resident and migratory birds across the western hemisphere. The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 93-million-acre National Wildlife Refuge System which encompasses more than 530 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 66 national fish hatcheries, 64 fishery resource offices and 78 ecological services field stations. The agency enforces Federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign governments with their conservation efforts. It also oversees the Federal Aid program that distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state fish and wildlife agencies. -FWS- ======================================================================= To leave the MDOsprey list, send e-mail to listserv@home.ease.lsoft.com with the following message in line 1: signoff mdosprey ======================================================================= =========================================================================