MIGRATORY BIRD RULE FOR MILITARY HEAVILY CRITICIZED IN PUBLIC COMMENTS

The U.S. Fish & Wildlife Service (FWS) is facing significant opposition on its proposed rule giving the military a blanket authorization to incidentally kill or harm migratory birds during training activities, despite Congress' explicit call for the exclusion. FWS received more than 500 comments on its proposal to effectively exempt DOD from the regulatory requirements of the Migratory Bird Treaty Act (MBTA) for the "take" of migratory birds through military readiness activities, such as training. Take in this case refers...