Interior Department, Fish and Wildlife Service
On January 7, 2021, we, the U.S. Fish and Wildlife Service (we, the Service, or USFWS), published a final rule (January 7 rule) defining the scope of the Migratory Bird Treaty Act (MBTA) as it applies to conduct resulting in the injury or death of migratory birds protected by the MBTA. We now revoke that rule for the reasons set forth below. The immediate effect of this final rule is to return to implementing the MBTA as prohibiting incidental take and applying enforcement discretion, consistent with judicial precedent and longstanding agency practice prior to 2017.
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of the Interior Fish and Wildlife Service 50 CFR Part 10 [Docket No. FWS-HQ-MB-2018-0090; FF09M22000-212-FXMB1231099BPP0] RIN 1018-BD76 AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: On January 7, 2021, we, the U.S. Fish and Wildlife Service (we, the Service, or USFWS), published a final rule (January 7 rule) defining the scope of the Migratory Bird Treaty Act (MBTA) as it applies to conduct resulting in the injury or death of migratory birds protected by the MBTA. We now revoke that rule for the reasons set forth below. The immediate effect of this final rule is to return to implementing the MBTA as prohibiting incidental take and applying enforcement discretion, consistent with judicial precedent and longstanding agency practice prior to 2017. DATES: This rule is effective December 3, 2021. FOR FURTHER INFORMATION CONTACT: Jerome Ford, Assistant Director, Migratory Birds, at 202-208-1050. SUPPLEMENTARY INFORMATION: On January 7, 2021, we published a final rule defining the scope of the MBTA ( 16 U.S.C. 703 et seq. ) as it applies to conduct resulting in the injury or death of migratory birds protected by the MBTA ( 86 FR 1134 ) (hereafter referred to as the “January 7 rule”). The January 7 rule codified an interpretation of the MBTA set forth in a 2017 legal opinion of the Solicitor of the Department of the Interior, Solicitor's Opinion M-37050 (also referred to as the Jorjani Opinion), which concluded that the MBTA does not…
Other Federal Register documents from the same docket.
Economic Analysis for Proposed Regulations Governing the Take of Migratory Birds
Regulations Governing Take of Migratory Birds; Proposed Rule
Regulations Governing Take of Migratory Birds; Delay of Effective Date
Regulations Governing Take of Migratory Birds
Regulations Governing Take of Migratory Birds
Citation: 86 FR 54642
