The U.S. Fish & Wildlife Service has announced it is revoking the rule it published on January 7, 2021, that “reversed several decades of past agency practice and interpreted the scope of the [Migratory Bird Treaty Act] MBTA to exclude any prohibition on the incidental take of migratory birds.” The revocation of the January 7, 2021 rule, effective December 3, 2021, restores FWS’ prior interpretation of the MBTA to prohibit incidental takes as well as the longstanding agency enforcement practices that existed prior to 2017. In conjunction with the scheduled revocation of the January 7, 2021 rule, in a separate notice, FWS also is soliciting public comments to aid the agency in crafting regulations to prescribe narrow circumstances under which incidental takes may be permitted. FWS will accept written comments through December 3, 2021, and will be hosting a series of public meetings for Native American Tribes as well as the general public.
FWS Restores Migratory Bird Treaty Act Provisions
FWS Announces Availability of Economic Analysis Documents for Proposed Regulations Governing Take of Migratory Birds
The Fish and Wildlife Service has announced “the opportunity to review and comment on two economic analysis documents prepared during the development of the proposed rule to revoke the January 7, 2021, rule governing the prohibitions on incidental take under the Migratory Bird Treaty Act.” The agency is accepting comments until August 19, 2021.
FWS Proposes Revocation of Rule Defining Scope of MBTA to Exclude Incidental Killings
FWS Delays Implementation of MBTA Rule and Requests Comments
The Fish and Wildlife Service has announced it will delay the effective date of its final rule defining the scope of the Migratory Bird Treaty Act as limited to actions directed at migratory birds, their nests, or their eggs to March 8, 2021. The agency is accepting comments to inform its review of this final rule and whether the further extension of the effective date is necessary until March 1, 2021.
FWS Finalizes Migratory Bird Treaty Act Rule
The Fish and Wildlife Service has issued a final rule defining the scope of the Migratory Bird Treaty Act as limited to actions directed at migratory birds, their nests, or their eggs. The rule is effective February 8, 2021.
FWS Revises List of Birds Protected by Migratory Bird Treaty Act
The Fish and Wildlife Service has issued a final rule, amending the species of birds protected under the Migratory Bird Treaty Act. In addition to correcting the spelling and taxonomy of some species, the rule adds 75 species to the list and removes eight. In conjunction with this final rule, the agency has published an amended list of the nonnative species of birds to which the Migratory Bird Treaty Act does not apply.