Chapter 21 KEEP YOUR PROJECT SOARING: MANAGING PROJECT RISK UNDER AVIAN PROTECTION STATUTES

摘要

Enacted in 1919, the Migratory Bird Treaty Act (MBTA)1 is a federal law that protects over 1,000 species of migratory birds. The Bald and Golden Eagle Protection Act (BGEPA),2 enacted in 1940, is a federal law that specifically protects bald and golden eagles. Each statute is administered by the U.S. Fish and Wildlife Service (Service) and makes it unlawful to, among other things, kill, wound, or "take" the avian species protected by such statute. Each statute also subjects violators to strict liability, with the potential for significant penalties and/or imprisonment.