The U.S. Fish and Wildlife Service (USFWS) has finalized rules regarding “kill” or “take” under a provision in the 1918 Migratory Bird Treaty Act.
The agency has argued that companies and individuals should not be punished for the unintentional killing of birds. Despite a court case in 2020 striking down the opinion from Daniel Jorjani, the now-solicitor for the Interior Department, Secretary David Bernhardt cited a 2015 court decision supporting the interpretation.
“This rule simply reaffirms the original meaning and intent of the Migratory Bird Treaty Act by making it clear that the U.S. Fish and Wildlife Service will not prosecute landowners, industry and other individuals for accidentally killing a migratory bird,” Bernhardt said to The Hill.
