NOIA Applauds Migratory Bird Treaty Act Clarity

For Immediate Release: Thursday, January 30, 2020
Contact:  Justin Williams, (202) 465-8464,

NOIA Applauds Migratory Bird Treaty Act Clarity

Washington, D.C. – National Ocean Industries Association (NOIA) President Erik G. Milito issued the following statement after the U.S. Fish and Wildlife Service (FWS) issued a propose rule to codify the U.S. Department of Interior’s interpretation of take under the Migratory Bird Treaty Act (MBTA):

“Today’s proposed clarification is welcome news for safe and responsible energy development. The new FWS guidance prevents the unnecessary criminalization of passive takes that we have seen impede critical projects, including wind energy development.  The proposed change echoes the findings of the Fifth, Eighth and Ninth Circuits, reinforces the intent of MBTA and lessens the ability of unfounded litigation to deter project financing for vital projects, including the development of the ascendant U.S. offshore wind industry.

“The offshore energy industry will continue to employ robust mitigation measures and remains dedicated to innovating new solutions and systems to protect birds and other wildlife. Our industry prides itself on being a strong environmental steward, and nothing in the proposed update impacts that mission.”


The National Ocean Industries Association (NOIA) represents and advances a dynamic and growing offshore energy industry, providing solutions that support communities and protect our workers, the public and our environment.

National Ocean Industries Association
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