IPAA Comments on USFWS’ ANPR to Prepare a NEPA Document Regarding MBTA and Incidental Take

IPAA is please to provide comments to the U.S. Fish and Wildlife Service’s Advanced Notice of Proposed Rulemaking to prepare a National Environmental Policy Act (NEPA) document with regards to governing the Migratory Bird Treaty Act (MBTA) , especially where it comes to the issue of incidental take. …

…While IPAA remains strongly opposed the rescission of the January 7 final rule, we hope to work with the Service as you develop a NEPA plan for the MBTA. It is not industry’s intent to circumvent our responsibilities of avoiding impacts to and protecting migratory birds and their nests. However, the January 7 final rule provided the necessary clarifying language to protect independent producers from criminal prosecution for unintended and incidental bird takes.