A proposal to reinstate the longstanding interpretation of “take” under the U.S. Migratory Bird Treaty Act to include incidental take of covered migratory species was recently announced by the U.S. Fish and Wildlife Service. You can support the work of wildlife professionals conserving migratory bird populations by providing your thoughts and expertise in response to this important rulemaking.
The Migratory Bird Treaty Act guides the protection and management of more than 1,000 migratory bird species across the United States. Born out of the 1916 treaty, it is one of the United States’ oldest and most significant wildlife-focused laws. You can learn more about the underlying law from TWS’ Policy Brief Series.
This new round of rulemaking is in response to a rule originally finalized in January 2021 that prevents the U.S. Fish and Wildlife Service from regulating incidental or accidental taking of migratory species listed under the Act. The new proposal would rescind this finalized rule, and allow the U.S. Fish and Wildlife Service to once again regulate incidental taking of these species.
Support science-based management and conservation of migratory birds
Submit comments to the U.S. Fish and Wildlife Service on a proposed rule to reinstate the longstanding interpretation of “take” under the Act.
Submit your comments at Regulations.gov
TWS encourages wildlife professionals to comment on the rule, lending your wildlife conservation expertise in the crafting on meaningful federal conservation regulation. This new proposed rule acts as an extension of the February and March 2021 comment period that delayed implementation of the January 2021 final rule. Units and individuals that provided comments during the February and March 2021 comment period do not have to submit comments for this new rulemaking process, as their original comments have yet to be considered.
See below for talking points based on TWS headquarters and unit correspondence that can be helpful when drafting your comments. Comments will be accepted by the U.S. Fish and Wildlife Service until June 7, and can be submitted via regulations.gov. Please feel free to include your own professional positioning in these comments, and remember, you are the expert!
For additional thoughts and ideas on how to respond to the proposal, check out TWS and TWS unit comments already submitted on this rulemaking below:
Questions on how to best engage? Reach out to email@example.com.
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