December 28, 2020 Lesley Kordella Attention: FWS-HQ-MB-2018-0090 U.S. Fish and Wildlife Service Re: Regulations Governing Take of Migratory Birds FEIS (Docket No. FWS–HQ–MB–2018–0090; EIS No. 20200240) Submitted electronically to:
[email protected] On behalf of the Natural Resources Defense Council, National Audubon Society, Defenders of Wildlife, American Bird Conservancy and our millions of members and online activists, please accept and fully consider these comments on the U.S. Fish and Wildlife Service’s (Service) final environmental impact statement (FEIS) and proposed rule for regulations governing take of migratory birds under the Migratory Bird Treaty Act (MBTA), Docket No. FWS–HQ–MB–2018–0090; EIS No. 20200240. Our organizations strongly oppose any regulatory action that limits the scope of the MBTA’s prohibitions “only to actions directed at migratory birds, their nests, or their eggs.” Our legal, scientific and policy explanations for opposing this action are well documented, and we incorporate by reference our previously submitted comments here.1 The FEIS, released on November 27, 2020, fails to address our comments and remains wholly insufficient in its analysis to form a reasoned basis on which the Service can justify its action. The cursory changes throughout the FEIS – as compared to the draft released on June 5, 2020 – demonstrate not only a severe lack of regard to abide by applicable laws, but also a complete unwillingness to consider the overwhelming majority2 of public comments submitted in opposition to this proposed rule. In addition to hundreds of thousands of public comments, unresolved objections by more than 25 states, 30 tribes, three flyway councils, our treaty partner, Canada, and more remain on the record.