WASHINGTON : Oil industry groups and wildlife conservation advocates are squaring off over Biden administration plans to adopt new federal rules for the accidental killing of migratory birds.

       Supporters say the measures being weighed by the U.S. Fish and Wildlife Service will encourage companies and developers to take steps to prevent the inadvertent killing of birds.

       Some oil and gas producers have emerged as early opponents, however, saying the rules could create an undue burden on industry.

       The measures being considered could include a permit process for new skyscrapers, power lines, wind turbines and other structures that birds fly into, often with fatal results. Businesses that secure a permit would limit exposure to steep fines for inadvertent bird killings under the Migratory Bird Treaty Act.

       Fish and Wildlife officials are also considering assessing a conservation fee as part of that permit process, with the money going to help mitigate habitat loss that has contributed to declining bird populations.

       The agency said the rules are needed to protect declining populations of migratory birds, noting that nearly 10% of roughly 1,100 species protected by the Migratory Bird Treaty Act are threatened or endangered.

       While much of that is because of habitat loss from new development and agriculture, the agency says that “millions of birds are directly killed by human-caused sources such as collisions with man-made structures," according to a Fish and Wildlife document.

       Environmentalists are backing the effort, along with some businesses that say existing regulations are ambivalent and need clarification.

       But the permit system, even in its infancy, is being opposed by the American Exploration & Production Council and several other oil and gas production groups.

       They say no data exists to show that a permitting program will protect birds “over and above our industry’s operational practices and conservation measures."

       “A new permitting program will provide yet another cost to our industry and unnecessarily delay development," the groups said in a letter.

       Oil and gas drilling contributes to accidental deaths of birds in several ways, including when birds fly into the colorless flames as excess methane gas is being burned off from wells.

       Pits used for disposal of mud, wastewater and other liquids in connection with oil drilling are estimated to kill hundreds of thousands of birds annually, according to a Fish and Wildlife report. But the trade group noted that the same report shows that cats are by far the biggest hazard to birds.

       The American Petroleum Institute, the industry’s top lobbying group, said the Biden administration should limit criminal punishments to intentional killings following court rulings that the law doesn’t apply to accidents. If regulators create a permit program, they said it should be general, not project specific, to minimize “undue administrative burdens or delay."

       The U.S. Chamber of Commerce and other business groups raised concerns that the permit process could obstruct projects funded by the bipartisan $1 trillion infrastructure plan—along with new wind and solar energy projects that the White House wants to reduce U.S. dependence on fossil fuels and help combat climate change.

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       “Complicated federal processes and permitting criteria could not only delay the implementation of any infrastructure program but delay any associated benefits—including climate benefits that would extend to migratory birds and other species," the chamber and other groups, including the Associated General Contractors of America, said in a letter to Fish and Wildlife.

       Wind turbines are estimated to kill between 140,000 and 500,000 birds a year, according to Fish and Wildlife, and a major expansion of those turbines could push bird deaths over 1 million annually, wildlife researchers have estimated.

       Fish and Wildlife has given broad outlines of what a permit system might entail, and expects to release a formal proposal this summer for public comment. Officials say they haven’t made any decisions on who would be required to get permits and how much they will cost.

       The permitting proposal reflects middle ground in the back and forth between the Obama, Trump and Biden administrations.

       Officials under former President Barack Obama first floated the permit concept, but the administration of former President Donald Trump decided to pursue criminal penalties only for intentional killings and not accidental ones. After President Biden took office, wildlife officials rescinded that guidance.

       Violators of the rarely enforced law face up to $15,000 in fines and up to six months in prison for each killed bird.

       Duke Energy Corp., whose subsidiary was fined $1 million in 2013 after dozens of birds died at a wind-turbine project in Wyoming, said it supports the new rule-making effort.

       “Regulatory exceptions and general permits could provide regulatory clarity and certainty to the regulated communities and, if implemented correctly, could provide meaningful bird conservation while minimizing the burden on the service and the regulated community," the company said in comments on the proposed permit system.

       The measures are also supported by conservation groups, who note that North America’s bird population has declined by about one-third since 1970, much of that from habitat loss and the hazards posed by human development.

       The National Audubon Society and Natural Resources Defense Council, conservation nonprofits, said the new rules could clarify corporate liability when “the country is on the verge of making generational investments in infrastructure and clean energy development."

       “This is the right time to address this issue," the two groups said.

       Regulators who are developing the new permitting process face a challenging balance of coming up with a program that protects birds and minimizes costs and disruptions to businesses without straining agency staff, said Timothy Male, executive director of the Environmental Policy Innovation Center.

       With rule makers potentially focusing on permitting for several large industries first, “it’ll be a long time before it exists in reality for small businesses," he said.

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