Tag: Migratory Bird


The Rubber Meets the Road: USFWS Guidance on Incidental Take of Migratory Birds

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Last month the U.S. Fish and Wildlife Service (USFWS) issued guidance on how they plan to implement the new Department of the Interior (DOI) decision to not prohibit incidental take of migratory birds under the Migratory Bird Treaty Act (MBTA).  I previously wrote how this DOI policy signals a significant change in MBTA enforcement compared to previous […]


Incidental Take of Migratory Birds: Dept of Interior Reverses Course

Recently the Department of the Interior reversed the policy of prohibiting incidental take of migratory birds under the Migratory Bird Treaty Act so that accidental or inadvertent actions resulting in the killing of protected bird species will not be criminally prosecuted.  This represents a policy shift from previous administrations where the potential for criminal prosecution and […]