Today, Ranking Republican Rob Bishop (R-Utah) released the following statement regarding the proposed rule by the U.S. Fish and Wildlife Service (Service) to update the Migratory Bird Treaty Act (MBTA):

 “Democrats will cry ‘fowl,’ but this long-overdue clarification to the Migratory Bird Treaty Act (MBTA) simply reinstates the original intent of the law. Bureaucratic mission creep has distorted the implementation of the MBTA, resulting in federal enforcement that flirts with infringing on legal due process. Reassuring American industries, who are crucial to the well-being of local communities, that their best intentions and preventative efforts for birds will not be penalized for outcomes out of their control is just common sense.

 “I applaud Secretary Bernhardt for these proposed changes, which will support renewable energy development and the rural electrical coops that deliver clean power, protect farmers and ranchers, and accelerate rural economic development.”

Background: Migratory birds are protected from “takings” under the MBTA. In 2017, the Trump Administration issued a memorandum stating the MBTA does not prohibit incidental take. This proposed rule will change how the Service administers the MBTA, and the Service has determined an Environmental Impact Statement under the National Environmental Policy Act is the most efficient and comprehensive approach for considering the potential impacts of this action on the environment. This is the first step in an open and transparent public process that the Service will continue to manage throughout the development of the rulemaking process.

Read the proposed rule HERE.