The U.S. Department of Interior has proposed to delay the effective date of the Trump Administration’s final rule to decriminalize incidental take (accidental harm) under the Migratory Bird Treaty Act (MBTA) finalized in January. AGC supports the Trump Administration's rule as it provides clarity and relief for industry and private citizens from prosecution for engaging in lawful actions that may result in the accidental injuring or killing of a migratory bird.
The Biden Administration nominee for Interior, Rep. Deb Haaland (D-N.M.), is publicly against the rule. Furthermore, the Biden Administration is reconsidering the government’s appeal of a decision last year against the underlying policy position that this rule seeks to codify. Environmental groups have already filed suit to stop the rule. Critics of the rule say that industry will abandon practices that would normally be put in place to protect against accidental harm.
For more information, contact Melinda Tomaino at tomainom@agc.org.