December 3, 2021
Starting December 3, 2021, the U.S. Fish and Wildlife Service (FWS) will revert to interpreting incidental take under the Migratory Bird Treaty Act (MBTA) as it did prior to the Trump Administration’s Jorjani Opinion. The Jorjani Opinion concluded that prohibition of incidental take applied only to direct and purposeful actions that resulted in loss of protected migratory birds, eggs, or their nests.