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Proposed Changes to Migratory Bird Treaty Act – Part II

10,000 Birds

As explained in an earlier post , the changes revolve around an issue known as “incidental take,” which are actions that harm or kill birds incidental to another lawful activity. The Obama Administration formally adopted the strict liability interpretation in a memo. This was widely seen as a favor to the energy industry.

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Proposed Changes to Migratory Bird Treaty Act

10,000 Birds

The public can comment until July 20, 2020. The changes revolve around an issue known as “incidental take,” which are actions that harm or kill birds incidental to another lawful activity. The Obama Administration adopted this interpretation in a memo. The Trump Alternative is the FWS “preferred alternative” (§ 2.1)

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Administrative Procedure for Birders: Duck Stamp Rulemaking

10,000 Birds

For those interested in avian conservation, some knowledge of the bureaucratic process is useful, as it is used to implement many important conservation laws. The comment period closed on March 16, 2020. Although legislation passed by Congress is more visible, most regulations are issued by the vast federal bureaucracy.

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