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Legislation reintroduced to ensure MBTA covers incidental take


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This news and analysis are provided by the Ornithological Council, a consortium supported by ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

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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The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!

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