Trump Administration to Decriminalize Accidental Killing of Birds

Obama-era rule potentially transformed "vast majority of average Americans into criminals"

Northern gannets pictured on Bonaventure Island in Quebec, home to an estimated 55,000 gannet pairs. The gannet migrates to the southeastern coast of the United States each fall. David Boily/AFP/Getty Images

The U.S. Fish and Wildlife Service (FWS) announced Friday that it is proposing a rule that defines the scope of the Migratory Bird Treaty Act (MBTA), rolling back a far-reaching Obama-era interpretation in the process. The proposed rule clarifies that the scope of the MBTA only extends to conduct intentionally injuring birds. Conduct that results in the unintentional (incidental) injury or death of migratory birds would not be prohibited under the act.

According to Jim Magagna, Executive Vice President of the Wyoming Stock Growers Association, “WSGA welcomes the efforts of the U.S. Fish and Wildlife Service and the Department of the Interior to adopt a long–overdue commonsense definition of the prohibition of ‘take’ under the MBTA. This action will enable and encourage farmers, ranchers, and other landowners to become true partners in providing habitat and safety for migratory birds rather than operating in fear of being prosecuted for an unintended take.”