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Bird Litigation: Spotted Owl v. Barred Owl

10,000 Birds

Fish and Wildlife Service (FWS) generally creates a formal plan to guide recovery efforts. However, the Migratory Bird Treaty Act (“MBTA”) broadly prohibits the “take” of any bird, which effectively means that a protected bird cannot be killed, harassed, or otherwise adversely impacted. LEXIS 93734 (D.

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