Governing the take of migratory birds under the Migratory Bird Treaty Act

Final Revocation Rule and Advanced Notice of Proposed Rulemaking

On October 4, 2021, the Service published the final rule to formally revoke the January 7, 2021, rule. The immediate effect of this final rule is to return to implementing the MBTA as prohibiting incidental take and applying enforcement discretion, consistent with judicial precedent and long-standing agency practice prior to 2017. The final rule went into effect on December 4, 2021.

The Service simultaneously published an Advanced Notice of Proposed Rulemaking (ANPR) announcing our intent to solicit public comments and information as we consider developing proposed regulations to authorize the incidental take of migratory birds. As part of the development of these regulations, the Service is also preparing a draft Environmental Impact Statement pursuant to the National Environmental Policy Act of 1969, as amended.

We initiated a new public scoping process to engage in meaningful conversations with our partners and stakeholders, receive suggestions, identify significant issues, and share information on the scope of issues and alternatives we should consider. The public scoping comment period closed on December 4, 2021.

Virtual meetings for the general public were held on the dates listed below. Videos of the meetings and a presentation provided by the Service during the meetings can be reviewed using the links below:

• On November 4, 2021
• On November 8, 2021
• On November 10, 2021
• Meeting Presentation (PDF)

All other documents and opportunities for public comment preceding this can be found on the Documents and Resources Page.