Oil industry groups and wildlife conservation advocates are squaring off over Biden administration plans of 2022 to adopt new federal rules for the accidental killing of migratory birds…The measures being considered could include a permit process for new skyscrapers, power lines, wind turbines and other structures that birds fly into, often with fatal results. Businesses that secure a permit would limit exposure to steep fines for inadvertent bird killings under the Migratory Bird Treaty Act. Fish and Wildlife officials are also considering assessing a conservation fee as part of that permit process, with the money going to help mitigate habitat loss that has contributed to declining bird populations.
The agency said the rules are needed to protect declining populations of migratory birds, noting that nearly 10% of roughly 1,100 species protected by the Migratory Bird Treaty Act are threatened or endangered. While much of that is because of habitat loss from new development and agriculture, the agency says that “millions of birds are directly killed by human-caused sources such as collisions with man-made structures,” according to a Fish and Wildlife document.
Environmentalists are backing the effort, along with some businesses that say existing regulations are ambivalent and need clarification. But the permit system, even in its infancy, is being opposed by the American Exploration & Production Council and several other oil and gas production groups. They say no data exists to show that a permitting program will protect birds “over and above our industry’s operational practices and conservation measures.” Oil and gas drilling contributes to accidental deaths of birds in several ways, including when birds fly into the colorless flames as excess methane gas is being burned off from wells.
Pits used for disposal of mud, wastewater and other liquids in connection with oil drilling are estimated to kill hundreds of thousands of birds annually, according to a Fish and Wildlife report….The American Petroleum Institute, the industry’s top lobbying group, said the Biden administration should limit criminal punishments to intentional killings following court rulings that the law doesn’t apply to accidents. If regulators create a permit program, they said it should be general, not project specific, to minimize “undue administrative burdens or delay.”
The U.S. Chamber of Commerce and other business groups raised concerns that the permit process could obstruct projects funded by the bipartisan $1 trillion infrastructure plan—along with new wind and solar energy projects that the White House wants to reduce U.S. dependence on fossil fuels and help combat climate change…Wind turbines are estimated to kill between 140,000 and 500,000 birds a year, according to Fish and Wildlife, and a major expansion of those turbines could push bird deaths over 1 million annually, wildlife researchers have estimated.
Duke Energy Corp., whose subsidiary was fined $1 million in 2013 after dozens of birds died at a wind-turbine project in Wyoming, said it supports the new rule-making effort.
TOP THREATS TO BIRDS
Hazard type — Average annual deaths (est.)
Cats — 2,400,000,000
Building glass collisions — 599,000,000
Vehicle collisions — 214,500,000
Poison — 72,000,000
Power line collisions — 25,500,000
Communication tower collisions — 6,600,000
Electrocutions — 5,600,000
Oil Pits — 750,000
Wind-turbine collisions (land-based) — 234,012
Source: U.S. Fish and Wildlife Service, 2017
Excerpts from Katy Stech Ferek, Battle Looms Over Bird Protection, WSJ, Apr. 15, 2022