On 7 January 2021, the USFWS, published a final rule (January 7 rule) defining the scope of the Migratory Bird Treaty Act (MBTA) as it applies to conduct resulting in the injury or death of migratory birds protected by the MBTA. They now revoke that rule for the reasons set forth below. The immediate effect of this final rule is to return to implementing the MBTA as prohibiting incidental take and applying enforcement discretion, consistent with judicial precedent and longstanding agency practice prior to 2017. This rule is effective 3 December 2021. POC is Jerome Ford, Assistant Director, Migratory Birds, at 202-208-1050.

(Federal Register 4 October 2021 [Rule] Pages 54642-54656)