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FWS is proposing regulations to improve conservation of migratory birds, codify and clarify our longstanding interpretation that the Migratory Bird Treaty Act (MBTA) prohibits the incidental take of migratory birds, and provide certainty and transparency to the public in our implementation of the MBTA by authorizing the incidental take of migratory birds for certain activities. As part of the incidental take authorization, we propose to include limited authorizations for the purposeful removal of in-use nests under certain circumstances and the salvage of dead migratory birds. We also propose additional regulations for authorizing incidental take by Federal agencies and incidental take resulting from activities that are not otherwise covered. The proposed rule would also update current permit fees and add definitions to our regulations.

Statement of Need:

Signed in 1918, the Migratory Bird Treaty Act (16 U.S.C. 70312; MBTA) is one of the Nation’s oldest conservation laws and is credited with protecting migratory birds and restoring declining bird populations. Over the past 100 years, the Service has worked with agencies, Tribes, industry, nongovernmental organizations, and academia to protect more than 1,000 species of migratory birds. These partnerships have included developing infrastructure design, siting considerations, and operational practices to avoid and minimize the incidental take of migratory birds. With this rulemaking, the Service proposes a regulatory approach that builds on this foundation of knowledge as well as experience with industry implementation of measures to reduce impacts to birds.

Summary of the Legal Basis:

16 U.S.C. 703 et seq.

Alternatives:

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Anticipated Costs and Benefits:

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Risks:

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