On May 6, the U.S. Fish and Wildlife Service (FWS) announced that it plans to revoke a January 2021 regulation that limited the scope of the Migratory Bird Treaty Act (MBTA) by excluding incidental take of migratory birds. The action follows a decision by the new Administration to extend the effective date of the regulation from February 8 to March 8, at which point the Department rescinded the 2017 Solicitor’s Opinion M-37050 that set the path for the regulatory changes.

“Migratory bird conservation is an integral part of the U.S. Fish and Wildlife Service’s mission,” said Service Principal Deputy Director Martha Williams. “We have heard from our partners, the public, Tribes, states and numerous other stakeholders from across the country that it is imperative the previous administration’s rollback of the MBTA be reviewed to ensure continued progress toward commonsense standards that protect migratory birds.”

The FWS will be taking comments about the proposed revocation on or before June 7, 2021. The notice will be available at Regulations.gov, Docket Number: FWS-HQ-MB-2018-0090, and will include details on how to submit comments. Anyone who submitted comments in response to the February notice to extend the effective date will not need to resubmit comments.