At Governor Northam’s direction, the Virginia DGIF has issued a discussion draft of regulations to enforce the Migratory Bird Treaty Act.

May 11, 2020

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Photo: Royal Terns, Sandwich Terns, Laughing Gull and Black Skimmer, JulieAnn Schultz/Audubon Photography Awards

At Governor Northam’s direction, the Virginia Department of Game and Inland Fisheries (DGIF) has issued a discussion draft of regulations to enforce the Migratory Bird Treaty Act (MBTA). The discussion draft requires certain commercial or industrial activities to obtain permits that protect migratory birds against accidental death (called “incidental take”) and includes a framework to require mitigation for habitat loss from a project. The DGIF protections are needed because the U.S. Fish and Wildlife Service has radically changed its enforcement policies and rules so that only an intentional take of a protected species is considered a violation of the MBTA. The discussion draft is available at DGIF Discussion Draft on MBTA ([link removed]) .

Please let DGIF know you support strong protections for our precious avian natural resources. Comments are due by the end of the day on May 16. You can submit comments through the DGIF website at Submit Comments to DGIF on Discussion Draft ([link removed]) .

Here are some suggested points to include in your comments:
* Virginia’s avian natural resources are at risk because of the change in federal protections under the MBTA, as most recently shown by the potential harm from the Hampton Roads Bridge Tunnel Project.
* Virginia’s adoption of a strong regulatory framework, like that outlined in the discussion draft, to require incidental take permits and mitigation for habitat loss can prevent similar adverse effects.
* Action is particularly necessary now because of recent studies that confirm alarming losses of bird life throughout North America (3 billion birds since 1970, according to a recent study published in Science magazine).

-Audubon Society Northern Virginia

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