Opinion for the Court filed by Circuit Judge EDWARDS.
The Migratory Bird Treaty Act ("MBTA"), 16 U.S.C. §§ 703-712 (2000), extends protection to all birds covered by four migratory bird treaties, which, in relevant part, define migratory birds to include the family Anatidae. Congress has delegated authority to the Secretary of Interior ("Secretary") to implement the treaties...
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