JUST THE FACTS ... & THEN SOME by Caren Cowan, Publisher New Mexico Stockman
W
hile Washington, D.C. is totally covered up with financial mess – the of a magnitude that most of us cannot even fathom – somewhere between $1,500,000,000,000 and $3,500,000,000,000 immediately and more likely $5,000,000,000,000 in the not too distant future if progressives get their way, the wheels of government are not slowing down. Migratory birds are back in play. The Biden Administration has withdrawn the regulation put in place in January 2020 by the previous administration that limited the scope of the Migratory Bird Treaty Act (MBTA) to cover only intentional killing of birds. The notice of revocation came along with an advance notice of proposed rulemaking for a potential permit system. The law is now deemed to cover “incidental take,” which means the government could prosecute companies over birds
killed by power lines or oil spills, according to Greenwire, an environmental news publication. The US Fish & Wildlife Service (FWS) intends to gather information necessary to develop a proposed rule to authorize the incidental taking or killing of migratory birds, including determining when, to what extent, and by what means it is consistent with the MBTA. No one expects the task to be easy. Nearly every stakeholder desires regulatory certainty, but the regulation must conform to the law, FWS representatives say. The next step will be to create a commonsense approach to regulating the incidental take of migratory birds that works to both conserve birds and provide regulatory certainty to industry and stakeholders. The National Wildlife Federation, the Defenders of Wildlife and others say they want a permitting program that will carry out “the statutory mandate” to protect migratory birds while providing regulatory certainty. That means that birds can be accidently killed or harmed, but only if certain steps are taken to mitigate harm. There is no word on what those cer tain steps might be. Although there is no rule in place for
permitting the take of migratory birds and it is likely to be some time before there is, the FWS already has information on two websites announcing a new ePermit web platform or a downloadable permit application. Almost all native birds are federally protected under the Migratory Bird Treaty Act (MBTA). The regulatory definition of a migratory bird is much broader than what most of us consider a migratory bird and includes almost all bird species native to the United States. A complete list of protected birds is published in 50 CFR 10.13. Nonnative species such as European starlings, rock (feral) pigeons, house sparrows, and mute swans as well as upland gamebirds such as grouse, turkey and quail are not protected under the MBTA. There has also been a new bill introduced in Congress, HR 4833, to prohibit the unauthorized take or killing of migratory birds including incidental take by commercial activities and directing the FWS to regulate such incidental take. The primary sponsor of the bill is Representative Alan Lowenthal (D-CA). He has 68 cosponsors. continued on page 14 >>
T X E R E D LIVESTOCK COMMISSION 274 East Darby Road, Dexter, NM
Now Selling *** *** Packer Beef Cows & Bulls • Dairy Cows
Accepting All Classes of Beef Cows & Bulls, Calves & Yearlings Cattle Received Sunday, Monday, & Tuesday — Call for Permits No feed charges for cattle delivered on Tuesday
SALE EVERY TUESDAY — 11:00 a.m. Will Be Open Through the Holidays For load lots of 40,000 lbs or more, commission charge is $21/head plus fee • Commission 3% plus Insurance & Beef Checkoff • Trich Testing Available — $70 / Head
575.624.COWS www.dexterlivestockcommission.com/
www.dexterlivestockcommission.com
Ted Nelson – 575.840.6351
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OCTOBER 2021
Jerrod Harral – 575.910.3570
Dickie McIntosh — 575.626.5459
