Legislation reintroduced to ensure MBTA covers incidental take

[Laura Bies]

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Reps. Alan Lowenthal (D-Cal.) and Brian Fitzpatrick (R-PA) reintroduced The Migratory Bird Protection Act today. The bill affirms that coverage of the Migratory Bird Treaty Act extends to incidental take, and also aims to create more certainty for business and incentives for innovation to protect birds.

The Trump administration completed a rule-making limiting the MBTA to intentional take of migratory birds during its final days in office. The Biden administration has revoked that rule and begun a new rule-making process regarding incidental take. 

The bill calls on the U.S. Fish and Wildlife Service to implement a permitting system for incidental take. It also establishes a new mitigation fee to be imposed on unavoidable impacts on birds, with the proceeds going to fund bird conservation programs.

Read Reps. Lowenthal and Fitzpatrick’s press release.

Read Audubon’s press release. 

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