The Executive Order directs each Federal agency taking actions having or likely to have a negative impact on migratory bird populations to work with the U.S. Fish and Wildlife Service to develop an agreement to conserve those birds. The protocols developed by this consultation are intended to guide future agency regulatory actions and policy decisions; renewal of permits, contracts or other agreements; and the creation of or revisions to land management plans. In addition to avoiding or minimizing impacts to migratory bird populations, agencies will be expected to take reasonable steps that include restoring and enhancing habitat, preventing or abating pollution affecting birds, and incorporating migratory bird conservation into agency planning processes whenever possible.
Most bird species in the United States are protected by the Migratory Bird Treaty Act of 1918, the domestic law that implements the United States commitment to four international conventions for the protection of shared migratory bird resources. The Migratory Bird Treaty Act (MBTA) protects species or families of birds that live, reproduce or migrate within or across international borders at some point during their annual life cycle. Federal courts have affirmed that Federal agencies are subject to the MBTAs prohibitions on "take" of migratory birds. The Executive Order is designed to assist Federal Agencies in their efforts to comply with the MBTA, and does not constitute any legal authorization to take migratory birds or otherwise supercede the MBTAs requirements. The MBTA requires Federal agencies to have regulatory authorization from the Service before taking migratory birds.
The Executive Order will serve to enhance coordination and communication among Federal agencies and build upon the progress that has been made in recent years on conservation of migratory birds. For example, the Executive Order will aid in incorporating existing national planning efforts for bird conservation into agency programs, and provide the formal Presidential guidance necessary for agencies to integrate migratory bird conservation more fully into their activities.
Service Director Jamie Rappaport Clark hailed the Presidents order, calling it an important step for conservation. At a time when populations of many migratory bird species are in decline, the active participation of the Federal government can make a significant difference for their survival, she said.
"This Executive Order is a clear statement of the Administrations commitment to migratory bird conservation, and a recognition that the Federal government must lead the way in incorporating wildlife conservation into its actions whenever possible. By taking actions to protect migratory birds, Federal agencies can demonstrate to the nation that doing so is not only the right thing to do, but also something that, with modest effort, can improve the environment for both wildlife and people," Clark said.
The Executive Order directs agencies to meet their obligations to conserve migratory birds within existing budget parameters, and does not alter any agencys overall mission or responsibilities. There are expected to be no significant impacts on state or local governments, private organizations or individuals.
During the past 30 years, about one-fifth of the bird species native to the United States have declined at rates equal to or exceeding 2.5 percent per year. A trend of this magnitude represents a cumulative decline of more than 50 percent over a span of 30 years. Declines this large are considered to be biologically meaningful, even for species that are widely distributed and relatively abundant. These losses are not restricted to just one or two groups of birds; birds of grassland, wetland, scrubland, and woodland habitats have all been affected. Non-migratory permanent residents have been affected, as have long-distance neotropical migrants.
"Birds are important, not only as a measure of the overall health of our environment, but also to our quality of life and our economy. Protecting them just makes sense," said Clark.
As directed by the Executive Order, within 2 years each Federal agency taking actions that are having, or likely to have, a measurable negative impact on migratory bird populations must develop and implement a Memorandum of Understanding (MOU) with the Service for the conservation of migratory bird populations. The Service, in cooperation with these agencies, will develop a schedule for completion of these MOUs within 60 days that gives priority to agencies having the greatest impacts on migratory birds.
In addition to requiring consultation with the Service and consideration of migratory bird conservation for agency actions, the Executive Order also:
