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https://www.regulations.gov/comment?D=FWS-HQ-MB-2018-0090-0002

Bob


On Sun, Feb 9, 2020 at 11:33 AM Bob Dunlap <bob.dunlap...@gmail.com> wrote:

> Hello MOU members and MOU-net subscribers,
>
> As you have likely heard, the U.S. Fish and Wildlife Service is proposing
> to change the current scope of the Migratory Bird Treaty Act so that only
> actions that intentionally harm birds are prohibited. What this means is
> that actions that do not intentionally harm birds ****but do so
> incidentally**** are no longer prohibited. This defines the law as
> mirroring an opinion provided by the U.S. Department of the Interior in
> late 2017.
>
> This is very bad news for birds. The Migratory Bird Treaty Act has been a
> cornerstone of American conservation since its inception in 1918. It
> remains an integral part of conservation today as bird populations face
> constant threats from development and habitat degradation. Under the
> proposed change, an entire breeding colony of birds can legally be
> destroyed because it's in the way of a tunnel expansion project, and no
> mitigation or creation of new habitat is required. This isn't a
> hypothetical situation; this actually happened in 2019 in Virginia (
> https://www.whsv.com/content/news/VDOT-Bridge-project-cost-25K-birds-their-nesting-site-566818131.html?fbclid=IwAR0e50qeN3axm0h6jhtUhieshgzOCxTnGJDNaHrcSSlAwSuzYqksMGh21xU
> ).
>
> The proposed rule is open for public comment until March 19. To express
> your opinion on the change, please follow the instructions provided in this
> link for commenting:
>
>
> https://www.fws.gov/news/ShowNews.cfm?ref=u.s.-fish-and-wildlife-service-solicits-public-input-on-proposed-rule-and-&_ID=36517&fbclid=IwAR1FMEGz0Z9K9yPLluarm1G4jx2wUTU65ZKjoj_DGj1F-E1VYxLDAsyF0B0
> .
>
> In addition, please voice your concerns to both your state and local
> representatives; should this proposed change be accepted, it will then be
> up to state governments to enforce their own laws regarding incidental take
> as the federal protections would no longer be in place.
>
> Bob Dunlap, Immediate Past President
>

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