EDGI’s comment addresses the dissonance between the anticipated impacts of three proposed action alternatives and the US Fish and Wildlife Service’s (FWS) assignment of Alternative A–codifying the interpretation in the DOI Solicitor Opinion M-37050 that the MBTA does not prohibit incidental take–as the agency’s proposed action. EDGI urges the agency to promulgate Alternative B, rescinding M-37050 and codifying the long-standing interpretation represented in M-37041 that the MBTA prohibits incidental take, and then pursue a permit structure to better regulate incidental take. EDGI also urges the agency to make informational resources regarding migratory birds and incidental take publicly accessible through the FWS website and to restore previously removed resources.
