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.
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