In 2017 the Department of the Interior Solicitor’s Office released Opinion M-37050 which challenges the current interpretation of the Migratory Bird Treaty Act (MBTA). As such, the U.S. Fish and Wildlife Service is reevaluating current practices of criminalizing companies that accidentally kill migrating birds during the scope of their business. The opinion states that the intentions of the legislature of the MBTA was not to punish companies that accidentally kill migratory birds during the scope of their business operations.
Now the department is seeking the public’s input on if they should decriminalize killing birds by accident. The U.S. Fish and Wildlife Service states their primary aim in amending the Migratory Bird Treaty Act (MBTA) is to obtain a sense of consistency of what activities that impact migratory birds should be criminal without crippling U.S. industries.
Assistant Secretary for Fish and Wildlife and Parks, Rob Wallace emphasized that “with five federal circuit courts of appeals divided on this question, it is important to bring regulatory certainty to the public by clarifying that the criminal scope of the MBTA only reaches to conduct intentionally injuring birds.” Mr. Wallace added that the agency will continue to implement best practices to protect migrating birds from unnecessary death.
The opposition harshly argued that this is absurd. They argue that this makes no sense and the legislature aimed to avoid reckless practices that harmed and killed the migrating birds. They feel that if changed, companies will be held less liable and more deaths of birds will result.
"bird" - Google News
February 03, 2020 at 07:10AM
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Considerations are being made to decriminalize the accidental killing of birds - JURIST
"bird" - Google News
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