Wednesday, September 29, 2021

Interior Department To Nix Trump Rollback Of Bird Protections


The Biden Administration is Officially Revoking, a Trump Administration Rule, that would have made Companies less likely to face Penalties for Killing Migratory Birds.

The Administration, on Wednesday, withdrew the Trump Administration's Changes to the Implementation of the Migratory Bird Treaty Act (MBTA), a more than 100-year-old Law that makes it Illegal to Kill Migratory Birds.

The Trump Administration's Rule Removed Penalties for "accidental" or "incidental" Bird Deaths, arguing that it's Not Fair to Levy Penalties for these kinds of Deaths.

But it acknowledged at the time, that the Rule it was putting Forward could cause Companies to Decide Not to use Best Practices to Limit Incidental Bird Deaths.

The Interior Department, said Wednesday, that on Thursday it will Publish a Final Rule nixing the Trump-era Regulation.

By Revoking the Rule, the Department will Return to Interpreting the Law, as Prohibiting Incidental Harm and using its Discretion about Enforcing it, at least for now.

But it will seek Comments on a Potential Rule, of its own to Authorize Incidental Harm of Migratory Birds, it said in a Statement.

It also said that the Fish and Wildlife Service, will issue an Order to establish Criteria for the Types of Conduct where it will Prioritize Enforcement.

In the Statement, Assistant Secretary for Fish and Wildlife, and Parks Shannon Estenoz, described the Efforts as Creating "a common-sense approach to regulating the incidental take of migratory birds that works to both conserve birds and provide regulatory certainty to industry and stakeholders."










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