Duncan Praises Clarification of the Migratory Bird Treaty Act

Washington, D.C. – Congressman Jeff Duncan (SC-03) praised the U.S. Fish and Wildlife Service (FWS) for issuing a clarification to the Migratory Bird Treaty Act (MBTA) to offer greater certainty to energy producers in the event of an incidental migratory bird death or injury:

"I have been working on this issue for years, so the clarification is great news to strike the proper balance between regulatory certainty for American energy producers and maintaining proper protections for our precious wildlife. As an avid conservationist, outdoorsman, and American energy advocate, I applaud the Trump Administration for bringing commonsense into this equation."

Background:

• Courtesy of the FWS: "This proposed rule clarifies that the scope of the MBTA only extends to conduct intentionally injuring birds. Conduct that results in the unintentional (incidental) injury or death of migratory birds is not prohibited under the act."
  • More information HERE.

• Congressman Jeff Duncan offered an amendment to a House appropriations bill in 2015 to prohibit the Department of Justice from enforcing the MBTA on energy producers for incidental injury or death.

• Congressman Jeff Duncan authored H.R. 4797, the CLEAN Energy Producers Act of 2014, to create an incidental takings permit under the Bald and Golden Eagle Protection Act (BGEPA) and the MBTA.

• Congressman Jeff Duncan authored H.R. 4301, the Energy Exploration and Production to Achieve National Demand (EXPAND) Act of 2012, to reduce fines for energy producers whose operations accidentally kill non-endangered migratory birds.