FWS Delays Effective Date and Reopens Comment Period for Regulations Governing Take of Migratory Birds
On February 9, 2021, the U.S. Department of the Interior’s Fish and Wildlife Service (FWS) delayed the effective date of a final rule defining the scope of the Migratory Bird Treaty Act (MBTA) as applied to conduct resulting in the injury or death of migratory birds. The final rule stated that MBTA prohibitions apply only to actions that are specifically directed at migratory birds, their nests, or their eggs. FWS is delaying the effective date of the final rule until March 8, 2021 and is soliciting public comments on the final rule. Comments are due by March 1, 2021.