Date: 2/6/18 10:19 am From: Jason A. Crotty <jasonacrotty...> Subject: [obol] Re: Migratory Bird Act??
Apologies for a non-birding post, but I thought if someone responded to this it might not spin out of control. There are at least two Migratory Bird Treaty Act (MBTA) issues out there, one in Congress and one by rule making by the Department of the Interior. I suspect you are thinking about the second, which changes the rules as to "incidental" taking of a bird. Currently, the regulations prohibit such takings (without a permit), which are when some legal activity harms birds but not intentionally. For example, a wind turbine may kill eagles but not on purpose, even if it is highly likely. As another example, windows in your house are not intended to kill birds. Broadly speaking, the new regulations would not apply to incidental takings.
Below are two short technical legal assessments that should be enough to do some more focused Googling for those interested in the details.