The U.S. Department of the Interior has clarified that incidental takings of migratory birds as a result of otherwise legal activities are not criminal acts under the Migratory Bird Treaty Act. According to a Dec. 22 memorandum from the Department of the Interior solicitor, the act's text, history and purpose affirm its prohibitions on pursuing, hunting, taking, capturing, killing or attempting those activities criminalize only affirmative actions that have as their purpose the taking or killing of migratory birds, their nests or their eggs.
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