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Expert Analysis

FWS Guidance On Incidental Bird Killings May Be Short-Lived

By Peter Whitfield and Aaron Flyer (December 18, 2020, 4:58 PM EST) -- On Nov. 27, the U.S. Fish and Wildlife Service took a major step toward cementing its position that the Migratory Bird Treaty Act, or MBTA, does not regulate incidental takings and killings of migratory birds with issuance of a final environmental impact statement, or FEIS, analyzing its interpretation that the MBTA's "take" prohibition is limited to purposeful takings directed at migratory birds only....

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