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Migratory Bird Treaty Act for Oil & Gas Companies

Event Description and Agenda:

The Migratory Bird Treaty Act (MBTA) of 1918 was enacted primarily to outlaw the practice of "market hunting" in the Eastern United States. In the years since its inception, it has been applied to many situations surely not contemplated by its drafters. This presentation will provide attendees with a brief history of the MBTA. The expert instructor will discuss an overview of its provisions, implementing regulations and guidance from the United States Fish & Wildlife Service. Attendees are encouraged to participate in an interactive discussion on enforcement, criminal and civil penalty provisions, and "incidental take" permits. Recent case law examples and practical advice on compliance will be a focus of this presentation.

  • A brief history of the MBTA
    • International Treaties
    • Domestic Enactments
  • An overview of its provisions, implementing regulations and guidance from the United States Fish & Wildlife Service
    • Scope of the Law
    • Implementing regulations
    • On-Line resources and guidance documents
    • Chevron deference
  • A discussion of enforcement and criminal and civil penalty provisions
    • Misdemeanor and felony provisions
    • Civil penalties
  • Recent case law examples
  • Practical advice on compliance
    • Know the laws and regulations
    • Know the regulators in your area
    • Defenses, mitigating factors and settlement strategy

 

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