H.J. Res. 215 (IH) – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to Migratory Bird Hunting; 2024–25 Seasons for Certain Migratory Game Birds.
This joint resolution disapproves the rule submitted by the United States Fish and Wildlife Service relating to migratory bird hunting for the 2024–2025 seasons for certain migratory game birds.
Background
The Migratory Bird Treaty Act of 1918 (MBTA) is the primary federal law protecting migratory birds. The MBTA makes it unlawful to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation, carriage, or export, or cause to be received for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, manufactured from any such bird, part, nest, or egg.
The MBTA also authorizes the Secretary of the Interior to determine when, to what extent, and by what means it is compatible with the terms of the treaties with Great Britain, Mexico, Canada, Japan, and the Union of Soviet Socialist Republics to take or capture migratory birds, their nests, and their eggs for scientific, propagating, or educational purposes.
The United States Fish and Wildlife Service (FWS) is the agency within the Department of the Interior responsible for implementing the MBTA. The FWS sets hunting seasons and bag limits for migratory birds based on the best available science.
The Rule
On August 2, 2023, the FWS published a final rule in the Federal Register establishing the hunting seasons and bag limits for migratory birds for the 2024–2025 seasons. The rule includes changes to the hunting seasons and bag limits for a number of migratory bird species, including ducks, geese, and mourning doves.
The Joint Resolution
This joint resolution disapproves the rule submitted by the FWS relating to migratory bird hunting for the 2024–2025 seasons for certain migratory game birds. The joint resolution argues that the rule is not based on the best available science and that it will harm migratory bird populations.
The Vote
The joint resolution was introduced in the House of Representatives on September 12, 2023, by Representative Matt Rosendale (R-MT). The joint resolution was referred to the House Committee on Natural Resources, which held a hearing on the joint resolution on October 12, 2023. The committee voted to report the joint resolution favorably to the full House on November 14, 2023.
The joint resolution was considered by the full House on December 5, 2023. The joint resolution passed the House by a vote of 231-193.
The joint resolution was referred to the Senate Committee on Environment and Public Works on December 6, 2023. The committee has not yet scheduled a hearing on the joint resolution.
The Future of the Joint Resolution
It is unclear whether the joint resolution will be passed by the Senate. The Senate is currently controlled by the Democrats, who are generally more supportive of environmental protection than Republicans. However, the joint resolution has the support of a number of Senate Republicans, including Senator John Barrasso (R-WY), the ranking member of the Senate Committee on Environment and Public Works.
If the joint resolution is passed by the Senate, it will be sent to the President for his signature. President Biden has not yet taken a position on the joint resolution. However, he has expressed support for the MBTA in the past.
The joint resolution is a significant threat to the MBTA. If the joint resolution is passed and signed into law, it will overturn the rulemaking process that the FWS uses to set hunting seasons and bag limits for migratory birds. This could lead to longer hunting seasons and higher bag limits, which could harm migratory bird populations.
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