General Provisions; Revised List of Birds Protected by the Migratory Bird Treaty Act
Key claim: The Fish and Wildlife Service proposes to update the official list of birds protected by federal law, adding 32 species and removing 7 so that 1,131 species would be covered, mainly to match current science and known U.S. occurrences.
Abstract
(Proposed Rule · Interior Department, Fish and Wildlife Service) We, the U.S. Fish and Wildlife Service (Service), propose to revise the List of Birds Protected by the Migratory Bird Treaty Act (MBTA) by both adding and removing species and changing names to conform to accepted use by the scientific community. Reasons for the proposed changes to the list include adding species based on new taxonomy and new evidence of natural occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States or U.S. territories, and changing names to reflect currently accepted taxonomy and nomenclature. The net increase of 25 species (32 added and 7 removed) would bring the total number of species protected by the MBTA to 1,131. We also propose to revise the names of species subject to specific migratory bird permit regulations to reflect currently accepted taxonomy and nomenclature. We are taking this proposed action because an accurate and up-to-date list of species protected by the MBTA is essential for public notification, regulatory, and law-enforcement purposes, and to ensure consistency in the use of common and scientific names across Service regulations.
Why this matters
The MBTA list defines which birds federal law protects from take, possession, and sale, so taxonomic housekeeping directly determines the scope of federal wildlife enforcement and incidental-take considerations for industry, landowners, and permitting. Even a routine update shifts which species trigger MBTA compliance in energy projects, construction, and public-lands activities. Keeping the list aligned with current science reduces ambiguity in enforcement but can quietly expand or contract the regulated universe.