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On February 5, 2021, the Fish Wildlife Service (“FWS”), under the Biden administration, announced that it was delaying the effective date of a rule promulgated by the Trump administration regarding “incidental takes” and the Migratory Bird Treaty Act (“MBTA”). On January 7, 2021, the Trump administration published a final rule interpreting the MBTA as not prohibiting incidental takes, and this rule was set to take effect on February 8, 2021. The Biden administration delayed the effective date until March 8, 2021, and it has requested additional public comments on the rule through March 1, 2021. 86 Fed. Reg. 8716, published February 9, 2021.