FWS Guidance On Incidental Bird Killings May Be Short-Lived

UPDATE: On January 7, 2021, the Fish and Wildlife Service published a final rule on its determination that the Migratory Bird Treaty Act does not prohibit incidental takes of migratory birds.  The determination will be codified at 50 C.F.R. § 10.14.

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On Nov. 27, the U.S. Fish and Wildlife Service took a major step toward cementing its position that the Migratory Bird Treaty Act, or MBTA, does not regulate incidental takings and killings of migratory birds with issuance of a final environmental impact statement, or FEIS, analyzing its interpretation that the MBTA's "take" prohibition is limited to purposeful takings directed at migratory birds only.