US Policy Updates
Submitted by Annie Chester, American Bird Conservancy
From executive orders to proposed rulemakings and legislation, many actions have an impact on seabird conservation. Here are the latest updates, as of March 2025:
Migratory Bird treaty Act
The Solicitor’s Office of the Department of Interior suspended all Biden-era legal opinions, including M-37065, which affirms the inclusion of incidental take under the Migratory Bird Treaty Act. If this suspension becomes permanent, incidental take will no longer be enforced. Over 1,000 bird species are listed under the MBTA. Among the many protected seabirds are Magnificent Frigatebird (Fregata magnificens), Laysan Albatross (Phoebastria immutabilis), and Spectacled Eider (Somateria fischeri).
Johnston Atoll
The Department of the Air Force (DAF) issued a notice of intent (NOI) to prepare an Environmental Assessment (EA) for rocket cargo test and demonstration at Johnston Atoll. The purpose is “to evaluate the impacts of construction and operation of two landing pads at Johnston Atoll for up to 10 reentry vehicle landings per year over four consecutive years to support the test, demonstration, and evaluation of capabilities under the DAF Rocket Cargo Vanguard program.” The Draft EA and Draft Finding of No Significant Impact (FONSI) was made available for public review in April 2025. Johnston Atoll is part of the Pacific Remote Islands Marine National Monument. The largest known nesting populations of Red-tailed Tropicbirds (Phaethon rubricauda), along with 14 other seabird species, call the atoll home.
Northwest Forest Plan
The Forest Service is amending the Northwest Forest Plan. Old-growth and mature forests in the Pacific Northwest are essential to the recovery of the threatened Northern Spotted Owl (Strix occidentalis caurina) and the Marbled Murrelet (Brachyramphus marmoratus). The preferred alternatives would increase logging of mature forests and impact the habitat these species depend on. Public comments on the plan amendment were due on March 17, 2025.
Executive Order: “Unleashing Alaska’s Extraordinary Resource Potential”
This is a comprehensive Executive Order (EO) that directs developing Alaska’s natural resources to the fullest extent possible. Some of the projects mentioned in the EO could impact habitat in the Arctic National Wildlife Refuge (ANWR), Izembek National Wildlife Refuge, and Tongass National Forest, among other areas. These places support diverse bird life such as the 200 bird species that have been identified in the ANWR. Nearly the entire Pacific Brant (Branta bernicla) population feeds and rests at the Izembek Lagoon with the refuge. Marbled Murrelet, Arctic Terns (Sterna paradisaea), and Golden-crowned Kinglets (Regulus satrapa) are among the species that call the Tongass National Forest home.
