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Virginia Adopts Groundbreaking Regulation to Ensure the Protection of Migratory Birds
Richmond, VA — The Department of Wildlife Resources (DWR) announced today that the Board of Wildlife Resources adopted a new regulation to ensure development protects migratory birds. The rule provides protections to migratory bird species against the accidental killing, harm, or habitat disturbance due to development or certain types of industrial, commercial, and construction projects. Similar protections had previously existed under the federal Migratory Bird Treaty Act, but were curtailed during the last administration.
“Last year, we vowed to take action in Virginia that would safeguard migratory bird species and their habitats after longstanding federal protections were eliminated,” said Governor Ralph Northam. “Today, we are delivering on that promise. These birds enhance our biodiversity and provide enormous benefits to our communities, and our Administration remains committed to ensuring their long-term viability through conservation measures like this one.”
The adopted regulation, developed by DWR with the assistance of a stakeholder committee, addresses a February 2020 directive from Governor Northam to enhance the conservation of birds across the Commonwealth, including Virginia’s largest seabird colony that was displaced by the ongoing Hampton Roads Bridge-Tunnel (HRBT) expansion project. Virginia successfully modified an artificial island adjacent to the HRBT to accommodate the birds when they returned for the spring 2020 nesting season. In addition to creating new habitat for nesting, Governor Northam’s directive charged DWR with developing the policy backstop that was approved today as well as a bird management plan and a study regarding new long-term habitat.
“Migratory bird species have been protected by the Federal Migratory Bird Treaty Act since 1918 and failure to enforce it endangers our wildlife and ecosystems,” Secretary of Natural Resources Matthew J. Strickler said. “With this rule, we will ensure these protections remain in place no matter who controls Washington D.C.”
The new rule will regulate the “incidental take” of migratory birds and habitats by establishing a framework for the administration, implementation, and enforcement of a permitting program. Permits will provide protections via implementation of best management practices and mitigation of harm to the birds, to be developed in future actions specific to various sectors as they are brought into the program.
“Today’s action is a significant victory for our wildlife,” said Ryan Brown, DWR Executive Director. “While we are hopeful that future actions at the federal level will reinstate and enhance historic protections for our migratory bird species, this regulation positions Virginia as a leader in addressing the current void that has left our birds imperiled.”