The Migratory Bird Treaty Act of 1918 implements four international conservation treaties that the US is a signatory to. It prohibits the take of protected migratory bird species, such as killing, capturing, selling, trading, and transport without prior authorization of the US Fish and Wildlife Service.
On January 7th, the Fish and Wildlife Service published a final rule which would clarify that it only applied to intentional taking of protected migratory birds. It would not apply to actions which indirectly kill protected migratory birds. The public was given until February 8th to post comments; however, on January 20th, President Joe Biden signed an executive order instructing federal agencies to consider postponing the effective date for any rules published by the Trump Administration in the Federal Register but have not yet taken effect. Also, the Congressional Review Act provides that major rules shall not take effect for at least 60 days following publication in the Federal Register.
The Fish and Wildlife Service is soliciting public comments about the proposed rule. Comments will be accepted until March 1st. To leave a comment, visit here and click on the "Comment Now" link.
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