Which are or would be used as habitat by birds protected by Migratory Bird Treaties; or

intrastate waters:

“a. Which are or would be used as habitat by birds protected by Migratory Bird Treaties; or

“b. Which are or would be used as habitat by other migratory birds which cross state lines; or

“c. Which are or would be used as habitat for endangered species; or

“d. Used to irrigate crops sold in interstate commerce.” 51 Fed. Reg. 41217.  [***583]

 

This last promulgation has been dubbed the “Migratory Bird Rule.” ¹