Fish and Wildlife Service Proposes to Restore Incidental Take Prohibition Under Migratory Bird Treaty Act – What You Need to Know
By EsqSocial Corporation 11/05/21
On May 7, 2021, the U.S. Fish and Wildlife Service (“USFWS” or “Service”) published a proposed rule that would restore the traditional interpretation of the Migratory Bird Treaty Act (“MBTA”) as prohibiting incidental take and not just purposeful killing of migratory birds. This was a predictable step by the Biden Administration, but the proposed rule contains some revealing commentary that may signal how the USFWS will implement and enforce the MBTA after the rule is finalized....
By: Locke Lord LLP