Jun 7, 2021 IPAA Comments On USFWS Proposed Rule to Revoke the January 7, 2021 Final Rule Governing “Take” for the Migratory Bird Treaty Act (MBTA)
IPAA members believe species conservation is important as they actively work to protect the environment and habitats where they operate and live. Many independent companies have Fish and Wildlife-approved Avian Protection Plans and have spent millions of dollars of private capital on the conservation of listed and candidate species. IPAA was pleased with the January 7, 2021 rule that finalized a regulation to affirm the Solicitor’s Opinion, M-37050. We have long felt that this was an important step to clarify the legal role of the MBTA to support species protection, while limiting inappropriate legal impacts on otherwise lawful activities from an array of industries. For this reason, IPAA does not support the Services’ current proposed rule, which would rescind the January 7 decision and broadens the scope of application for the MBTA. IPAA believes that the January 7 final rule, which promulgated regulations that define the scope of MBTA to prohibit incidental take actions, brings the regulation closer to the original intent of the law, as passed by Congress.
