07/29/00

Wildlife Services Loses in Federal Court

Virginia -- The federal wildlife extermination agency, Wildlife Services (a division of the USDA), lost a sizable portion of its power when a federal appeals court ruled that it could not kill migratory birds (the challenge, brought by the Humane Society of the US, was based specifically on Canada goose killing programs) without first obtaining a permit from the US Fish and Wildlife Service (USFWS).

The idea that federal agencies are exempt from the provisions of the Migratory Bird Treaty Act was prompted, in part, by the case of the Sierra Club vs. US Forest Service. In this case, the ruling implied that the Migratory Bird Treaty Act did not apply to federal agencies in the course of their normal functions. It meant that US Forest Service activities that might cause migratory birds or their nests to be destroyed did not require permits or review from the USFWS, the agency empowered to oversee migratory birds. A subsequent Executive Order from the Clinton administration endorsed this view. The recent ruling by Judge Kollar-Kotelly established these interpretations to be incorrect. Three other federal judges shared her opinion in this case.

This ruling presents an important impediment to the goose killing activities of Wildlife Services by insuring some level of accountability and review. As an agency that actually charges clients for their killing services, they have a strong economic incentive to want to be able to promote and carry out the killing of wildlife in an oversight-free setting.

While the ruling will not stop Wildlife Services and its cruel and needless goose killing programs, it does deny them the freedom to act independently.