Today, the Department of the Interior (DOI) announced a proposed rule to revoke the final regulation regarding the incidental take of migratory birds under the Migratory Bird Treaty Act (MBTA). House Committee on Natural Resources Ranking Member Bruce Westerman (R-Ark.) issued the following statement in response:

"Legislators and government agencies have a responsibility to ensure that policies made in D.C. actually work for the American people. When we find areas where we can improve, clarify, and streamline those policies, we should do so. That's exactly what the Trump administration did when they updated the MBTA rule to protect farmers, renewable industries like wind, and others who may accidentally harm a migratory bird during their normal daily operations. It's a commonsense solution, and unfortunately the Biden administration is once again showing how they are out of touch with the everyday issues people across the country are facing. Today's proposed rule is unnecessary and impractical, and I hope the Department reconsiders."

Background

The MBTA was first enacted in 1918, and it prohibits the take (including killing, capturing, trading, selling, and transport) of any migratory birds without prior authorization from the U.S. Fish and Wildlife Service (FWS).
 
Under the Trump administration, FWS updated the MBTA regulations to exclude incidental take of migratory birds, effective Feb. 8, 2021. This rule was designed to protect farmers, agriculture and industry workers, and other private citizens who accidentally harm a migratory bird while performing daily operations.