In late September, the U.S. Fish and Wildlife Service (FWS) announced that it was issuing a final rule to revoke a January 2021 regulation that limited the scope of the Migratory Bird Treaty Act. On October 4, the new rule was posted in the Federal Register and will go into effect 60 days after it was published. At the same time, the agency announced that it was seeking comments to help develop regulations that would authorize the incidental take of migratory birds. In an Advance Notice of Proposed Rulemaking (ANPR) published the same day, the FWS stated that it: “intends to gather information necessary to develop a proposed rule to authorize the incidental taking or killing of migratory birds, including determining when, to what extent, and by what means it is consistent with the MBTA and compatible with the terms of the four migratory bird conventions. This information will be used to develop proposed regulations to authorize the incidental take of migratory birds under prescribed conditions and prepare a draft environmental review pursuant to the National Environmental Policy Act of 1969, as amended.”

“Our next step will be to create a common-sense approach to regulating the incidental take of migratory birds that works to both conserve birds and provide regulatory certainty to industry and stakeholders,” said Department of the Interior Assistant Secretary for Fish and Wildlife and Parks Shannon Estenoz. “That’s why the Service is simultaneously publishing an Advanced Notice of Proposed Rulemaking announcing our intent to solicit public comments and information as we consider developing proposed regulations.”

The FWS will be holding Scoping meetings in webinar format for the ANPR and is accepting comments through Regulations.gov, Docket Number: FWS-HQ-MB-2021-0105.