In the past century, since America’s premier bird-protection law—the Migratory Bird Treaty Act (MBTA)—was passed by Congress, the threats to birds have changed drastically. Back then, hunters and poachers freely pursued birds of any species, during all seasons. They drove several species extinct and others to the brink; the resulting outcry led to the formation of the first Audubon societies and, ultimately, to the passage of the MBTA in 1918. The law makes it a crime to “pursue, hunt, take, capture, kill,” or “sell” a migratory bird or any of its parts, including nests, eggs, and feathers.
Today, thanks to the MBTA, the poaching of migratory birds has largely ceased in the U.S. But as those threats subsided, a new set emerged: Now birds must navigate a landscape riddled with industrial traps. To a hawk, a power pole is an ideal perch—but, unbeknownst to the majestic predator, electricity runs through it. From above, a small lake looks like a perfect resting spot for a tired goose—but, in fact, it contains toxic industrial waste and oils that wreck feathers, causing illness or death.
These problems are often not difficult to solve, and over the decades the MBTA’s protections and occasional fines have incentivized industries to work with the government and conservation groups to find simple solutions. Recently, though, the Trump administration has vouched for a new legal interpretation of the MBTA that would no longer hold companies accountable for bird deaths as a result of their equipment and work—allowing millions of birds to be killed annually with no consequence. It’s one part of a larger effort currently underway to weaken protections for birds.
To show how backward this effort is, here are five industrial traps for birds across the country—and the easy solutions that have been developed because of the MBTA.
Open Waste Pits
The problem: Companies in the business of extracting oil, gas, and minerals from the earth often wind up with toxic or otherwise corrosive waste. Many store their mixtures of oil, water, salts, and other chemicals in on-site ponds or transport them to large, commercial evaporation ponds for disposal. To a bird, these shallow ponds look like wetlands and lakes safe for resting after a long flight. It’s not until birds land that they learn the pond contains poisons and oils that coat their feathers, disrupting their heat insulation and flight, and sometimes drowning them.
It’s not only waterfowl that are killed. Songbirds are attracted to insects trapped in oil on the water’s surface; their struggling then attracts predators like hawks and owls. Many birds die and sink to the bottom, obscuring how many birds are killed this way. The U.S. Fish and Wildlife Services estimates that 500,000 to 1 million birds are killed annually in oil pits and evaporation ponds—but admits this is likely an underestimate.
The fix: Suspend a net over the pond. A net both breaks up the glare of an oil sheen on the water’s surface, which attracts birds, and hampers attempts to land. Any visible oils should be removed from ponds as soon as possible. The ideal solution, however, is to treat and dispose of waste in a closed system that doesn’t require open water in the first place.
Hanging a net over a toxic pond isn’t difficult or expensive. What’s more, it’s just humane: Why wouldn’t you want to keep birds and other animals from dying in toxic pits if you can?