Volume 26, Number 3 ● March XXXXXXXXXXXXXXXXXXXXXXXXXX, 2018
In This Issue:
DOI Reverses Opinion – Migratory Bird Treaty Act Does NOT Prohibit Incidental Take
The Department of the Interior (DOI) recently released M-37050: The Migratory Bird Treaty Act Does Not Prohibit Incidental Take, formally defining its position that the penalties for pursuing, hunting, taking, capturing, killing, or attempting to do the same apply only to intentional actions, and do NOT apply to incidental or accidental take of migratory birds. M-37050 permanently withdraws and replaces M-37041 Incidental Take Prohibited Under the Migratory Bird Treaty Act, which means project developers no longer face the threat of prosecution for accidentally killing migratory birds during tree-clearing or construction.