Will a new approach fly? The FWS considers implementing an incidental take program under the Migratory Bird Treaty Act

On May 26, 2015, the Fish and Wildlife Service (FWS) announced that it will consider implementing a permit program to allow for the incidental take of bird species protected under the Migratory Bird Treaty Act (MBTA). In particular, FWS issued a Notice of Intent (NOI) to conduct a Programmatic Environmental Impact Statement (PEIS) to consider the impacts of a number of approaches to address the issue of incidental takes under the MBTA. An incidental take permitting program would impact a variety of industry sectors that currently face legal uncertainty under the act.