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.

https://www.sidley.com/en/insights/newsupdates/2018/01/incidental-take-of-migratory-birds-no-longer-prohibited
https://www.perkinscoie.com/en/news-insights/doi-issues-solicitor-s-opinion-that-mbta-prohibits-incidental.html

And a piece from the Washington Post.

https://www.washingtonpost.com/politics/trump-administration-eases-rule-against-killing-birds/2017/12/26/1be9afe6-ea72-11e7-9f92-10a2203f6c8d_story.html?utm_term=.d2a34a5f98f0

Again, apologies if this violated the letter or spirit of the rules.

Jason Crotty
Portland


On Tue, Feb 6, 2018 at 10:05 AM, Kevin Smith <
<kevinsmithnaturephotos...> wrote:

> Does anyone have any information on the removal of restrictions included
> in the International Migratory Bird Act? I heard a brief report on NPR
> yesterday which mentioned that.
>
> Kevin Smith
>

 
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