Department of the Interior – Memorandum M-37050

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Memorandum: Department of the Interior – Memorandum M-37050

Abstract
This memorandum analyzes whether the Migratory Bird Treaty Act, 16 U.S.C. § 703("MBTA"), prohibits the accidental or " incidental" taking or killing of migratory birds. Unless permitted by regulation, the MBT A prohibits the "taking" and " killing" of migratory birds. "Incidental take" is take that results from an activity, but is not the purpose of that activity. This Memorandum finds that the MBTA's prohibitions on pursuing, hunting, taking, capturing, killing, or attempting to do the same apply only to affirmative actions that have as their purpose the taking or killing of migratory birds, their nests, or their eggs.

Author 
Department of the Interior


Recipient 
United States Fish and Wildlife Service




Published 
Publisher Not Provided, 2017



DOI 
Not Provided
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Online 
Internet link for Department of the Interior – Memorandum M-37050
Citation

Department of the Interior. 2017. Department of the Interior – Memorandum M-37050. Memorandum sent to United States Fish and Wildlife Service.