What Happened
The U.S. Fish and Wildlife Service (USFWS) published a final rule that becomes effective on February 8, 2021, reaffirming a solicitor’s opinion that the Migratory Bird Treaty Act (MBTA) applies only to actions directed at migratory birds, their nests, or their eggs. The new regulation states that “injury to or mortality of migratory birds that results from, but it not the purpose of, an action (i.e., incidental taking or killing) is not prohibited by the Migratory Bird Treaty Act.”
Read more in the full Regulatory Alert.
Why It Matters
The new regulation clarifies, as a matter of law and policy, that incidental taking or killing of migratory birds is not prohibited by the MBTA. For example:
- Migratory bird deaths resulting from collisions with wind turbines, transmission lines, windows, or vehicles are not prohibited
- Migratory bird deaths resulting from contact with hazardous materials stored in waste pits are not prohibited
Please note that relevant state and local regulations still apply.
SWCA Lens
SWCA can answer questions and help you understand what this new MBTA regulation means for your activities. Contact your SWCA project manager or our migratory bird experts for more information.
What to Watch
The new regulation is highly controversial. The upcoming change in Administration and a new Congress create a possibility that within the next two months…
