5 minute read

Wit & Wisdom

JUST THE FACTS ... & THEN SOME

by Caren Cowan, Publisher New Mexico Stockman

While 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 The Biden Administration has withdrawn the regulation put in place in January 2020 by the previous administration that limited the scope of the Migratory Bird Treaty Act (MBTA) to cover only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 certain 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.

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Editorial Calendar

Plan your advertising for the coming year!

JANUARY — Wildlife; Gelbvieh; Joint Stockmen’s Convention Results FEBRUARY — Beefmasters; Texas Longhorns MARCH — Limousin; Santa Gertrudis APRIL — Dairy MAY — News of the Day JUNE — Sheepman of the Year JULY — Directory of Agriculture AUGUST — The Horse Industry SEPTEMBER — Charolais; Fairs Across the Southwest OCTOBER — Hereford; New Mexico State Fair Results NOVEMBER — Cattleman of the Year; Joint Stockmen’s Convention Preview; Angus, Brangus, Red Angus DECEMBER — Bull Buyers Guide

If you would like to see your breed featured email caren@aaalivestock.com To Reserve Advertising Space email chris@aaalivestock.com or call Chris at 505.243.9515, ext. 2

However something called Skopos Labs gives the measure only a three percent change of being enacted. They base that prognosis on fact that the prime sponsor is from California, he is a Democrat, the bill is assigned to the House Natural Resources and the bill’s primary subject is animals. ▫

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Livestock Mandatory Reporting Extended to December

Source: U.S. Cattlemen’s Association

With only hours to spare, Congress on Thursday passed legislation to avoid a government shutdown. The continuing resolution, which funds the government through December 3, passed the Senate 65-35 and cleared the House on a 254-175 vote.

The measure temporarily extends authority for the Livestock Mandatory Reporting program through December 3. Additionally, it provides $10 billion in producer assistance for 2020 and 2021 losses, including broader coverage of drought losses and the addition of excessive heat and freeze as covered events. Nearly $750 million of that funding would be earmarked for livestock producers for 2021 losses due to drought or wildfire.

While the House has passed all twelve of its appropriations bills, the Senate has only considered three of its bills and none have been passed by the full chamber. The funding extension through December 3 is to give the Senate more time to advance their appropriations priorities. ▫

Big Breed 3 Features Set for the November Stockman!We’ll FeatureANGUS, RED ANGUS & BRANGUS

in the November issue of New Mexico Stockman Don’t miss this opportunity to showcase your herd! Contact Chris Martinez chris@aaalivestock.com or 505.243.9515 x2

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