1018-BD76 202104 Unified Agenda of Federal Regulatory and Deregulatory Actions 1018 United States Fish and Wildlife Service FWS 1000 Department of the Interior DOI Regulations Governing Take of Migratory Birds; Proposed Rule

On January 7, 2021, the U.S. Fish and Wildlife Service published a final rule defining the scope of the Migratory Bird Treaty Act (MBTA) as it applies to conduct resulting in the injury or death of migratory birds protected by the MBTA. We are now proposing to revoke that rule. The effect of this proposed rule would be to return to implementing the MBTA as prohibiting incidental take and applying enforcement discretion, consistent with judicial precedent.

]]> Economically Significant Previously Published in The Unified Agenda Proposed Rule Stage Yes No 50 CFR 10 16 U.S.C. 703 to 712 No NPRM 02/03/2020 85 FR 5915 Supplemental NPRM 02/03/2020 85 FR 5913 NPRM Comment Period End 03/19/2020 Supplemental NPRM Comment Period End 03/19/2020 Final Action 01/07/2021 86 FR 1134 Final Action Effective 02/08/2021 Final Action; Delay of Effective Date 02/09/2021 86 FR 8715 Final Action Effective 03/08/2021 NPRM 05/07/2021 86 FR 24573 NPRM Comment Period End 06/07/2021 Final Action 10/00/2021 Undetermined Federal Local State Tribal No No Yes Eric Kershner L. Dr. Chief, Division of Conservation, Permits, and Regulations 1018 United States Fish and Wildlife Service FWS 703 358-2376 703 358-2217 eric_kershner@fws.gov 5275 Leesburg Pike, MS: MB, Falls Church VA 22041 Jerome Ford Assistant Director--Migratory Bird Program 1018 United States Fish and Wildlife Service FWS 202 208-1050 jerome_ford@fws.gov 5275 Leesburg Pike, MS-MB, Falls Church VA 22041-3803