The administration, which
is racing to lock in a series of regulatory changes before President-elect Joe Biden takes office, can now publish a final rule modifying the U.S. Fish and Wildlife Service’s interpretation of the 1918 Migratory Bird Treaty Act.
The act prohibits unauthorized “take” of protected bird species — regulatory-speak for hunting, killing, capturing, selling or otherwise hurting the animals. For three years, officials at the Interior Department have sought to exclude accidental deaths from the “take” definition, shielding energy companies, construction firms and land developers from prosecution if their operations “incidentally” kill birds.