According to the National Audubon Societyâ~@~Ys summary of the history of the Migratory Bird Treaty Act, the enforcement policy against incidental taking was put into effect in the 1970s (http://www.audubon.org/news/the-history-and-evolution-migratory-bird-treaty-act). So, it appears that >40 years of precedent is being overturned.
J. Boone Miller Belmont MA jboonemiller at icloud.com