Photo: Piping Plover at Michigan City Harbor by Ryan Sanderson.
BY OLIVIA BAUTCH
A new administration brings a fresh wave of legislative orders, some of which directly address environmental and conservation efforts. Among the estimated 3.5 billion birds traveling into and across the United States this spring—some already landed on their northern breeding grounds—are federally endangered species like Whooping Crane and Piping Plover. Yet two of the first congressional actions of the year put dwindling habitats at risk and walk back industry accountability.
MBTA: Incidental Take Rescinded
Under the Migratory Bird Treaty Act of 1918 (MBTA), the unintentional (or even foreseeable) collection, transport, killing, or capture of any native migratory bird or their parts has been prohibited since the 1970s. This “incidental take” rule has subsequently been in a cycle of passing and removal over the last several administrations. Most recently, in 2021, the order was laid out—not to punish all who unknowingly “take,” but those who knowledgeably cause any of the “take” actions without putting proactive measures in place to deter harm. Once again, as of early March 2025, the order has been rescinded.
Proposed Changes to the ESA
The Endangered Species Act of 1973 (ESA) addresses listing, protections, recovery plans, and interagency cooperation for the conservation of endangered and threatened species. Since its finalizing, the act has undergone four amendments, the last in 2004. The most recent proposed amendment was introduced early this March as well by Bruce Westerman (R-AR), Chairman of the House Committee on Natural Resources.
Species Rankings by Priority
Multiple reforms are proposed for the half-a-century-old act. Chairman Westerman and several natural resources industry executives argue that parts of the ESA have morphed into a barrier for industry—a kind of “a purgatory for wildlife.”
One addition is a five-point classification system ranking the species on the U.S. Fish and Wildlife Agency’s Listing Workplan from most those in most dire need of protections to those already well-supported by current conservation work. These species are not all listed as endangered or threatened, but could be; the Workplan is a watchlist of sorts. Although four of the Workplan classifications rely on established or growing knowledge from scientific studies and current efforts, the fifth- and lowest priority- classification of species is determined by a lack of information. This means that species whose exact threats or status still evade researchers will be assumed unfit for imminent action; however, they will remain on the Workplan in dormancy for up to five years, in the case additional data should begin to tell their story.
Habitat Agreements for Landowners
A second plan promises to simplify landowner use and permitting on critical habitat- habitat patches hosting all specific resources to support an endangered species for at least part of its life cycle. Landowners who enter into this agreement to identify, monitor, and manage for any endangered or threatened species on the land will in turn be exempt from formal designation of critical habitat, restrictions of resource usage, and the recently rescinded incidental take. While it is commendable that federal, state, Tribal, and private owners are encouraged to maintain space for vulnerable species, the agreement falls short by not stating what percentage of this habitat must be delegated for protection. Depending on the eventual use of a property, the resources which surround a protected patch may be just as dangerous for highly mobile creatures like migrant birds.
Other Notable Changes
Other additions of the amendment include creation of individualized recovery goals for each listed threatened species, with gradual removing of restrictions (and eventually listing) as those goals are met. States would be given ability to draft their own recovery plans for federally threatened species found on their land, stricter clarification for actions putting species in jeopardy would be expected, and any civic claims regarding the actions of the amended ESA would become public information.
How You Can Help
Although this might all sound like news for executives and government officials, there are still ways you can support the birds affected by these orders:
- The ESA amendment is still pending. If you don’t like what you have heard about the changes, contact your federal officials.
- Under new prioritization, many unlisted species in danger would rely solely on state and localized conservation efforts to support their populations. Here are ways you can do your part:
- Take part in and support research efforts that will continue to provide scientific guidance in threatened and endangered species management programs:
For our Indiana bird enthusiasts, these changes could mean adjustments in habitat protection and monitoring efforts right here at home—so keep an eye on local initiatives and be ready to lend your voice.
Resources
- Cornell Lab: Radar Science Uncovers 4 Billion Migratory Birds
- Audubon: The Evolution of the Migratory Bird Treaty Act
- U.S. Fish & Wildlife: Endangered Species Act Amendments
- House National Resources: ESA Amendment Proposal (Document 416964)
- House Natural Resources: Supplementary ESA Amendment Document (Document 416984)
