Migratory Bird Act: What Does Taking Mean?

Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review

The Migratory Bird Treaty Act (MBTA) makes it unlawful to “take” protected migratory birds.[1] However, using two methods of statutory interpretation, a circuit split has developed over different definitions of “take” under the MBTA. The first, narrower interpretation from the Fifth Circuit must involve the intentional killings of migratory birds.[2] The Fifth Circuit’s analysis is the most recent interpretation of the MBTA and is the more persuasive analysis to define “take.” Continue reading “Migratory Bird Act: What Does Taking Mean?”