ON THE WIRE

Landmarks in Federal Conservation Legislation

Endangered Species Protections Restored

July 2022 was a good month for the Endangered Species Act (ESA), with the U.S. Fish and Wildlife Service (FWS) withdrawing revisions made by the previous Administration and ultimately restoring the ESA to its original regulatory standing.

On July 22, FWS withdrew the “critical habitat exclusion rule,” which had enabled agencies to forgo designating critical habitat for a species listed under the Act in certain situations (such as when cost was deemed prohibitive). FWS had previously restored a definition of “habitat” that had made species protection more difficult. These actions followed an early July ruling by a federal judge in California, which agreed with conservation groups that claimed in a 2019 lawsuit that the Administration had violated several laws in instituting the rollbacks.

ABC’s Vice President of Policy Steve Holmer celebrated the court decision, noting that a strong ESA must “remain intact if we are going to recover listed species and reverse bird declines.”

Waiting in the Wings…

Two important pieces of conservation legislation await U.S. Senate votes. The bipartisan Recovering America’s Wildlife Act (RAWA) passed the House of Representatives in June. If passed in the Senate, RAWA will be a boon for North America’s declining bird populations and other wildlife, allocating to states, tribal nations, and territories $1.39 billion annually for their efforts to help recover declining and federally listed species. Conservation groups hail this as historically significant legislation that could, as Margaret Renki wrote in The New York Times, “become the single most effective tool in combatting biodiversity loss since the Endangered Species Act.” “One-third of all fish and wildlife species in the United States are at risk of becoming Threatened or Endangered,” said ABC’s Steve Holmer. “The Recovering America’s Wildlife Act is needed to halt biodiversity loss in the U.S., including the loss of nearly 3 billion birds in the U.S. and Canada since 1970.” The Senate is also considering the bipartisan Neotropical Migratory Bird Conservation Enhancements Act of 2022, which would greatly boost the only federal grants program specifically dedicated to conserving migratory birds across the Western Hemisphere. The bill quadruples Neotropical Migratory Bird Conservation Act (NMBCA) funding to $20 million, as well as enabling more equitable access to the program.

Since 2002, the NMBCA grant program has been a catalyst for bird conservation and partnership development, supporting more than 500 conservation projects in 36 countries. Nearly 400 bird species have benefited from NMBCA-supported efforts on more than 4.2 million acres of essential habitat.

“The NMBCA provides critical support to Latin American and Caribbean partners who ensure migratory birds have a place to return in winter after breeding in the U.S. — birds such as the Cerulean Warbler and Wood Thrush,” said Holmer. “By increasing NMBCA funding, the door is opened to greater participation from partner groups, as well as larger projects that are more effective at meeting bird conservation needs.”

Another piece of Senate legislation worth watching is the North American Grasslands Conservation Act, introduced in late July by Sen. Ron Wyden. ABC is optimistic that the legislation, if passed, will significantly increase opportunities for farmers and ranchers to make choices to benefit bird and other wildlife habitat. The population of North American grassland birds has declined by more than half since 1970.

American Redstart by Agami Photo Agency, Shutterstock

Oregon Campers Asked to “Crumb Clean” for Murrelets

If you’re camping in a forest 50 miles from the nearest coast, seabirds probably aren’t top of mind. But if you’re in the temperate rainforests of Oregon, you might be pitching your tent beneath the hidden nest of a state-Endangered and federally Threatened Marbled Murrelet, and these birds need our help. Messy campers attract crafty corvids like the Common Raven or Steller’s Jay, which also eat murrelet eggs and chicks. An ABCled initiative launched in Oregon this summer aims to save the forestnesting seabirds by asking campers to carefully pick up after themselves. nest failures (as many as four in five nests fail). Preventing expansion of corvid populations in the Marbled Murrelet’s range could make a significant difference to murrelet populations.

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The linkage is clear: Corvid populations can be artificially boosted by increased food availability from garbage. Corvids are also predators, and research has shown that they are responsible for a significant number of murrelet Luckily, there is evidence that cleaner campsites deter corvids. California State Parks launched a “Crumb Clean” campaign in 2013 — offering camper education and better — Rachel Fritts, ABC Writer/Editor

Oregon Groups Challenge BLM Over Forest Plans

In other murrelet-related news, a coalition of Oregon conservation groups notified the Bureau of Land Management in July that it intends to sue over the agency’s plan to log thousands of old-growth acres in the state. “This project is a step back in time to the era of unsustainable logging — eliminating irreplaceable old-growth forests and harming endangered species such as the Marbled Murrelet, all while completely ignoring the role these old forests play in moderating climate change,” said ABC Vice President of Policy Steve Holmer.

(For more on this species, see p. 17.) ways to dispose of waste, including wildlife-proof garbage cans, food lockers, and dishwashing stations. The program substantially reduced the number of Steller’s Jays in areas where it was implemented.

This year, ABC is leading the expansion of the Crumb Clean program into Oregon, hoping to build on the success in California. ABC is partnering with the Oregon Department of Forestry, along with Environment for the Americas, to prioritize locations for the program and to adapt signs and other materials used in the California campaign. If all goes well, ABC hopes to expand the effort to Washington next year. The program serves as an important reminder than even a seemingly simple action, like washing a plate, can have life-saving consequences for imperiled wildlife.

Marbled Murrelet habitat in Oregon. Photo by David Patte, U.S. Fish and Wildlife Service.

Distributed Solar: A Sunnier Option for Birds and Climate

Climate change is bad news for birds. Impacts like higher temperatures, rising sea levels, extreme weather, habitat loss, and disease spread already affect hundreds of avian species.

ABC proposes that one of the best things that you can do for birds, and also climate change, is to install and support distributed solar at your home, business, or community.

Distributed solar energy is generated at or near the location where it is needed. Installed in alreadydeveloped areas, it uses photovoltaic (PV) panels to convert sunlight into electricity. Examples of distributed solar projects include rooftop solar, solar canopies built over parking lots, and community solar, when a group of community members buys into a nearby solar array.

While all energy generation — including renewables — has impacts, distributed solar is so far the only option that has very limited effects on undeveloped habitats because

Bald Eagle atop solar panel by Gabrielle Trouton, Shutterstock.

it is mostly installed on existing buildings and other structures. That’s important, because habitat loss is the most critical threat many bird species face.

By contrast, industrial-scale PV solar projects require somewhere between several hundred to thousands of acres of flat, cleared land per installation. They are typically placed on previously undeveloped areas or existing farmlands. Although research is ongoing to see how acres occupied by industrial solar could still provide at least some biodiversity benefits, these installations often contribute to large areas of habitat loss.

In addition, industrial-scale projects often require construction of new powerlines to connect to the electricity grid, which create both electrocution and collision hazards for birds. There is also evidence that the massive reflective surface created by expansive panel arrays lures and can kill birds, perhaps appearing to them like the surface of a lake.

Our cities and suburbs, the hubs of household energy demand, offer endless opportunities for distributed solar. The efficiency of using already existing structures for power production not only makes great sense — it also helps save habitat for birds and other wildlife.

To learn more about the benefits of distributed solar, see: abcbirds. org/blog/distributed-solar-birds/

ABC Staffer Wins First-of-kind Wilson Award

The Wilson Ornithological Society (WOS) presented ABC Director of Public Relations Jordan Rutter with its first Early Professional Avian Conservation and Community Impact Award at its annual meeting in Santa Fe, New Mexico, in July. Outside her busy day job at ABC, Jordan is the chair of the WOS Communications Committee and a co-founder of Bird Names for Birds (birdnamesforbirds.wordpress.com/). The award honors the contributions of WOS members who work in non-research careers that contribute to bird conservation.

According to award committee chair Jennie Duberstein, Jordan was chosen for this first-time award because of her “unique combination of contributions in science communication and commitment to justice, equity, inclusion, and diversity,” adding: “In addition to her efforts to push the WOS council to improve its justice, equity, inclusion, and diversity efforts, Jordan’s work with Bird Names for Birds has already had a tremendous impact on the future of ornithology, and is poised to be the catalyst for major, positive changes to come.” Congratulations, Jordan!

BRING BACK OUR GRASSLAND BIRDS!

Help Restore Native Grasslands

Your gift today is urgently needed to help reverse declines in grassland birds. More than 720 million grassland birds have been lost since 1970, representing a 53-percent decline in one human lifetime. We’ve already lost three out of four Eastern Meadowlarks. Without quick action, we’ll lose many more.

With one donation, you can help a variety of grassland birds, from the Eastern Meadowlark to the Long-billed Curlew, Bobolink, Northern Bobwhite, Baird’s Sparrow, Loggerhead Shrike, and Lark Bunting.

Your gift supports ABC’s work to: • Plant native grasses and wildflowers to create the habitat birds need; • Work with ranchers and farmers to promote sustainable land use; • Conduct workshops and offer scholarships so that more landowners can attend educational programs detailing grazing practices that benefit both birds and livestock.

Other funders have recognized the importance of this work, and we have a grant that requires us to raise $26,105 in matching funds. Please don’t let this opportunity pass by! Grassland birds need your help. Please give today.

Please use the enclosed envelope to make a donation, or give online at: abcbirds.org/ grasslands-birds

Eastern Meadowlark by Christopher Becerra, Shutterstock