By Nick Gale, WLS-AM 890 News
(CHICAGO) — Illinois Attorney General Lisa Madigan and seven other attorneys general Friday announced a lawsuit against the U.S. Department of Interior for narrowing the scope of protections provided to migratory birds under the 100-year-old federal Migratory Bird Treaty Act.
According to Madigan’s office, Illinois more than 200 migratory bird species have substantial ecological, scientific and economic value to the state. For the past 100 years, the MBTA has been a cornerstone of efforts to conserve waterfowl, egrets, songbirds, birds of prey, and other important bird species. Yet a legal opinion issued by the DOI late last year now prohibits the department and the U.S. Fish and Wildlife Service from exercising their long-standing authority to enforce the MBTA against industrial or other human activities – such as spilling oil and failing to cover chemical waste lagoons – that kill migratory birds, but are not specifically intended to do so.
“The Department of Interior’s action rolls back a critical protection for our natural resources and endangers millions of birds that migrate through Illinois,” Madigan said. “We will work to ensure that these migratory birds continue to be protected by law.”
Hunters know the act well as it provides certain protections for some waterfowl that migrate between Canada and the U.S.
Madigan’s office says by prohibiting “incidental takes” – takings that result from, but are not the purpose of, carrying out an otherwise lawful activity – DOI and FWS have protected millions of migratory birds incidentally exposed to injury or death by industrial and other human activities. The threat of MBTA enforcement has incentivized reasonable, low-cost measures to avoid, minimize, and mitigate harm to these birds. The U.S. Department of Justice, acting on behalf of the two agencies, has previously deterred potential MBTA violations by prosecuting the incidental killing of large numbers of migratory birds, including through oil spills and the failure to cover chemical waste lagoons known to attract birds.
Migratory birds benefit states by, among other things, controlling insect and rodent populations, pollinating plants, spreading seeds, and providing recreational opportunities and revenue. Fees charged for the legal hunting of migratory waterfowl generate millions of dollars for conservation programs and also generate economic activity.
Joining Madigan in filing the lawsuit were the attorneys general of California, Maryland, Massachusetts, New Jersey, New Mexico, New York and Oregon.
@ 2018 WLS-AM News
