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| Mesa County Commissioners approve comments on Regulations Governing Take of Migratory Birds at their administrative public hearing on Monday, July 2020. |
Today the Board of Mesa County Commissioners submitted comments to the U.S. Fish and Wildlife Service (USFWS) regarding the proposed Draft Environmental Impact Statement for Regulations Governing Take of Migratory Birds.
The U.S. Fish and Wildlife Service proposes to adopt a regulation that defines the scope of the Migratory Bird Treaty Act (MBTA or Act) as it applies to incidental take of migratory birds protected by the Act.
The proposed rule is consistent with the Solicitor's Opinion, M-37050, which concludes that the MBTA's prohibitions on pursuing, hunting, taking, capturing, killing, or attempting to do the same, apply only to actions directed at migratory birds, their nests, or their eggs.
"Mesa County supports the USFWS's effort to provide consistency and regulatory certainty to the definition of "take" as identified in the Migratory Bird Treaty Act. It appears that the USFWS's preferred alternative, Alternative A, which is consistent with M-Opinion 37050, would:
1. reduce the uncertain regulatory burden on the public;
2. eliminate the perception of subjectivity that may arise from placing discretion of determining when to pursue legal action against an incidental take on USFWS officers;
3. avoid an additional lengthy and costly process of developing a general permit; and,
4. allow state wildfife agencies to determine whether additional protections are warranted on a more localized level.
We encourage the USFWS to continue to provide education, training, and technical assistance with stakeholders and industry in identifying reasonable, voluntary actions and best management practices that will provide protections for migratory birds and their habitats."
The letter was approved at the commissioner's administrative public hearing on Monday, July 2020. To view footage of the public hearing, click here.