Virginia’s Department of Wildlife Resources board passed regulations on March 18, 2021 that will help to protect Virginia’s migratory birds from “incidental take” from human activities regarding unintentional harm or mortality.

This ground breaking regulation is in to the response of the reinterpretation of the federal Migratory Bird Treaty Act (MBTA) from the US Department of Interior in December 2017. That reinterpretation stated the MBTA does not prohibit “incidental take”. This change in 2017 did not allow protection for incidental harm or mortality to migratory birds as it was ruled not punishable.

Virginia is the first state to pass this type of regulation to help protect migratory birds from “incidental take”. This is terrific news for Virginia’s migratory birds.  

Meanwhile, the US Department of Interior is taking steps to reverse their position on their interpretation of the “incidental “take” protection for migratory birds.

Here is the link for Virginia Department of Wildlife Resources from their website regarding this new regulation.

Here is a link for an article about this new regulation for migratory bird by Virginia Department of Wildlife Resources:

Thank you for reading my Field Notes Blog, and hope you will share this with others.  

Let’s protect our wildlife and nature!


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  1. Great post! Good information on the new interpretation and enforcement of the ruling. Hope it enhances the wiildlife habitats.

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