Jul 20, 2020 IPAA Comments on U.S. Fish and Wildlife Service’s draft regulation governing “take” for the Migratory Bird Treaty Act
IPAA members take species conservation seriously and work actively to protect the environment and habitats where they operate and live. Many independent companies have Fish and Wildlife-approved Avian Protection Plans and have spent millions on the conservation of listed and candidate species. Many other industries, such as wind and electric transmission companies, share this commitment, but face legal ramifications due to expanded interpretation of the MBTA. Finalizing a regulation that affirms the Solicitor’s Opinion, M-37050, is an important step to clarify the legal role of the MBTA to support species protection, while limiting inappropriate legal impacts on otherwise lawful activities from an array of industries. For this reason, IPAA is supportive of the Services’ preferred Alternative A approach which is consistent with the Solicitor’s legal analysis of the scope of the MBTA. Promulgating regulations that define the scope of MBTA to prohibit incidental take actions brings the regulation closer to the original intent of the law, as passed by Congress.