2026-20123Proposed RuleWallet

FWS shakes up Migratory Bird Treaty Act list with 32 adds, 7 drops

Published Date: 10/1/2026

Proposed Rule

Summary

The U.S. Fish and Wildlife Service wants to update the list of birds protected by the Migratory Bird Treaty Act by adding 32 new species, removing 7 that no longer live here, and fixing bird names to match current science. This means 1,131 bird species will be protected, helping everyone know which birds are covered by the law. People can share their thoughts on these changes until November 30, 2026.

Analyzed Economic Effects

4 provisions identified: 2 benefits, 2 costs, 0 mixed.

MBTA list grows by 25 bird species

The Fish and Wildlife Service proposes to add 32 species and remove 7 species from the Migratory Bird Treaty Act (MBTA) list, a net increase of 25 species, bringing the total protected species to 1,131. The MBTA regulates the taking, possession, transportation, sale, purchase, barter, exportation, and importation of listed birds, so the updated list defines which bird species are subject to those rules.

13 species added for new U.S. occurrence records

Thirteen species are proposed for addition because of new, documented natural occurrences in the United States or U.S. territories. Examples include Bat Falcon (Falco rufigularis) in Texas, Rufous-tailed Rock-thrush (Monticola saxatilis) in Alaska, Western Marsh Harrier (Circus aeruginosus) in Maine and New Jersey, and Ainley's Storm-Petrel (Hydrobates cheimomnestes) in California and Hawaii.

Agency: no significant small-entity economic impact

The Service examined effects on small entities and certified this administrative update will not have a significant economic impact on a substantial number of small businesses, small organizations, or small governments, so a regulatory flexibility analysis is not required.

Seven species removed from MBTA list

Seven species would be removed from the MBTA list because of revised taxonomic treatments or extinction status; the removals include Antillean Euphonia (Chlorophonia musica), Common House-Martin (Delichon urbicum), Barn Owl (Tyto alba), and Fea's Petrel (Pterodroma feae), among others. Removal means those species would no longer be listed in 50 CFR 10.13 as protected under the MBTA.

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Key Dates

Published Date
Comments Due
10/1/2026
11/30/2026

Department and Agencies

Department
Independent Agency
Agency
Interior Department
Fish and Wildlife Service
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