The Interior Department is again narrowing federal protections for migratory birds in an effort to boost U.S. energy development.
In a one-page opinion by acting solicitor Gregory Zerzan of the Interior’s Office of the Solicitor, Zerzan reimposes an interpretation of the Migratory Bird Treaty Act that faults violators for only the intentional take of migratory birds.
In 2017, Principal Deputy Solicitor Daniel H. Jorjani issued a legal opinion, M-37050, which determined the prohibitions of the act did not apply to the accidental or incidental taking or killing of migratory birds.
“All bureaus and offices are directed to consider M-Opinion M-37050 as authoritative and binding on the Department,” Zerzan wrote.
