Tuesday, February 2, 2021
On January 7, 2021, the U.S. Fish and Wildlife Service (“FWS”) issued a final rule codifying the Trump Administration’s interpretation that the prohibitions of the Migratory Bird Treaty Act (“MBTA”) only apply to actions “directed at” migratory birds, their nests, or their eggs (“Final Rule”). Consistent with the proposed rule (see VNF’s previous alert), FWS adopted the interpretation “that the scope of the MBTA does not include incidental take.” The Final Rule is currently scheduled to become effective on February 8, 2021. However, implementation of this Final Rule faces significant hurdles it may be struck down in federal court, disapproved pursuant to the Congressional Review Act (“CRA”), or withdrawn by the Biden Administration.
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BLM begins annual C.O. closures to protect birds of prey during nesting
BLM (file)
Bald eagle perched in tree
PRINEVILLE, Ore. (KTVZ) The Bureau of Land Management s Prineville District said Monday it has started implementing its series of annual wildlife closures to protect several birds of prey species during sensitive nesting periods.
Harassment by humans – unintentional or deliberate – is a leading cause of nest failure or abandonment.
People walking or riding near a nest or even being within view of an eagle on a nest can cause an adult bird to abandon the nest. This means eggs can get cold, young don’t get fed, and the nest is open to predation.
Bureau of Land Management announces efforts to protect birds of prey
Central Ore. The Bureau of Land Management (BLM) Prineville District has started implementing a series of annual wildlife closures to protect several birds of prey species during sensitive nesting periods. Harassment by humans – unintentional or deliberate – is a leading cause of nest failure or abandonment. People walking or riding near a nest or even being within view of an eagle on a nest can cause an adult bird to abandon the nest. This means eggs can get cold, young don’t get fed, and the nest is open to predation. The BLM will manage the closures to be lifted once monitoring demonstrates the nest is not being used, the nest has failed, or the young have fledged to allow continued recreation access on public lands.