What is the Migratory Bird Treaty Act? The Bird Law Weakened by Fish and Wildlife Department

One hundred years after the passing of the Migratory Bird Treaty Act (MBTA), the U.S. Fish and Wildlife Service changed how the law is enforced under the Trump administration. Now actions that incidentally result in migratory bird death and injury (known as “incidental take”) are legal as long as no other laws are broken. This update clarified in an M-Opinion issued in November. For the last 100 years, this law meant that pretty much anything you might do with a migratory bird could violate the MBTA, even if you have no intention of hurting or touching a bird. Cutting down a tree with a blue jay nest in it violates MBTA; putting up a power line that shocks an owl violates MBTA. Even picking a feather up from the ground, of any MBTA-listed species is a violation, and punishable by up to six months in jail and a $15,000 fine. Notably, this update to the law only reflects incidental take, a U.S. Fish and Wildlife spokesperson told Newsweek in an email. It’s still illegal to intentionally kill a migratory bird, and many birds, such as eagles, are still protected from incidental take by other laws...MORE

The Solicitor;s Opinion referred to  is embedded below or you can revew or download the opinion here