The U.S. Fish and Wildlife Service has announced, in the Federal Register, a final rule to revoke the January 7, 2021, regulation that limited the scope of the Migratory Bird Treaty Act (MBTA).
The January 7, 2021 regulation limited the scope of the MBTA and raised significant concerns from the Illinois Audubon Society, numerous other conservation organizations, the public, and international treaty partners.
With this revocation, the Service returns to implementing the MBTA as prohibiting incidental take and applying enforcement discretion, consistent with judicial precedent and decades-long standing agency practice.
The Service simultaneously announced its intent to develop 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.
The Illinois Audubon Society applauds the Service for listening to us and other conservation partners, and the public, in restoring these important protections.
Rose-breasted grosbeak photo by Bob Andrini, Kane County Audubon