Interior Department takes steps to revoke Final Rule on Migratory Bird Treaty Act incidental take

Today, the U.S. Fish and Wildlife Service announced a proposed rule to revoke the January 7, 2021, final regulation that limited the scope of the Migratory Bird Treaty Act (MBTA). Significant concerns about the interpretation of the MBTA have been raised by the public, legal challenges in court and from international treaty partners. This proposed rule provides the public with notice of the Service’s intent to revoke the January 7 rule’s interpretation of the MBTA and return to implementing the MBTA as prohibiting incidental take and applying enforcement discretion, consistent with judicial precedent.