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Migratory Bird Treaty Act

By Hannah Brooks | Updated October 20, 2026

📅 2026 Update: Recent Changes to the Migratory Bird Treaty Act

Since the original article was published, there have been several important updates regarding the Migratory Bird Treaty Act (MBTA). These changes may affect how migratory birds are protected and how individuals and organizations can interact with these species. The earlier article continues further down the page.

🦅 Changes to Protected Bird Species

On October 1, 2026, the U.S. Fish and Wildlife Service (FWS) proposed revisions to the list of birds protected under the MBTA. This update added 32 new species and removed 7 species, bringing the total to 1,131 protected species.

This change reflects ongoing efforts to adapt conservation measures to current ecological data.

🐦 Importance of Updates: Keeping the protected list current helps ensure that conservation efforts align with the needs of various bird populations.

📜 Permit Changes and Authorizations

As of December 31, 2024, FWS published a final rule that allows certain activities involving migratory birds and eagles without requiring a permit. This regulatory authorization aims to simplify processes for activities that pose minimal risk to these birds.

🏞️ Streamlined Processes: This change is designed to make it easier for individuals and organizations to engage in activities like habitat maintenance without lengthy permit applications.

🗂️ Application Procedures

The process for applying for migratory bird and eagle permits remains accessible through the FWS ePermits system. Applicants need to provide specific documentation based on the activity they are planning.

📑 Documentation Required: It is crucial to submit accurate and complete documentation to avoid delays in processing times.

📅 New Administrative Processes

Effective August 31, 2026, the FWS adopted a more efficient administrative process for authorizing seasonal migratory game bird hunting. This allows for a quicker response and more streamlined hunting seasons.

🎯 Benefits of Efficiency: This process enhances the management of hunting seasons, ensuring they align with conservation goals.

📌 Key Points Summary

🦅 Revisions to the MBTA added 32 bird species and removed 7, totaling 1,131 protected species.
📜 Certain activities involving migratory birds may not require permits, easing compliance.
🗂️ Applications for permits can be submitted through the FWS ePermits system.
📅 A new process for seasonal game bird hunting will improve administrative efficiency.

💡 Tips for Understanding the Migratory Bird Treaty Act

Review the details of your situation with your attorney to ensure you understand your obligations under the law.

🏞️ Know the Protected Species

Stay informed about which species are protected under the MBTA. The list can change, and knowing the current species is vital for compliance.

📝 Understand Permit Requirements

If your activities may impact migratory birds, check if you need a permit. The FWS ePermits system provides guidance on necessary documentation.

⏳ Plan Ahead for Applications

When applying for permits, do so well in advance of your planned activities. Processing times can vary, so early applications help avoid delays.

🌐 Use Available Resources

Take advantage of resources provided by FWS and other organizations. They can offer guidance on regulations and conservation efforts.

📅 Stay Updated on Changes

Keep track of new regulations and proposed changes to the MBTA. Understanding these changes helps maintain compliance and protect bird species.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service in this area met the review threshold, so this section lists free government and nonprofit resources relevant to the Migratory Bird Treaty Act.

🥇 1. FWS Regional Offices

FWS regional offices provide guidance on the MBTA and other environmental regulations. They assist individuals and entities with questions about compliance and conservation efforts.

🦅 Who It Helps: Any individual or organization seeking information on migratory birds can contact these offices for support.

🥈 2. National Wildlife Federation (NWF)

The NWF offers various resources on wildlife conservation, including legal matters related to the MBTA. They provide educational materials and advocacy support.

🌍 Who It Helps: This organization serves anyone interested in learning more about conservation practices and regulations.

🥉 3. U.S. Fish and Wildlife Service Resources

The FWS provides a wealth of information online about the MBTA, including details on permits and protected species. Their website is a central hub for regulatory information.

📑 Who It Helps: Individuals and organizations looking for official guidance on migratory bird protections can benefit greatly.

🔍 What to Check Before Paying for Help

🏛️ Verify if the service is government or nonprofit.
📝 Ensure they provide clear and accurate information.
📞 Check if they have accessible customer support.
💰 Confirm that they do not charge hidden fees.

❓ Frequently Asked Questions

❓ What are the new changes to the protected species list?

The FWS added 32 species and removed 7 species from the MBTA list as of October 1, 2026. This brought the total to 1,131 protected species.

❓ How do I apply for a migratory bird permit?

You can apply for a migratory bird and eagle permit through the FWS ePermits system. This process requires specific documentation based on your planned activity.

❓ Are there activities that don’t require a permit?

Yes, as of December 31, 2024, certain activities involving migratory birds may not require a permit under the MBTA. Check FWS guidelines for details.

❓ How long does it take to process a permit application?

Processing times for permits depend on the type of permit and its complexity. It’s best to consult the FWS for current estimates.

❓ Can I get assistance with understanding regulations?

Yes, both FWS regional offices and organizations like the NWF offer guidance on MBTA regulations. They can help clarify your obligations.

❓ What resources are available for conservation education?

The NWF and FWS provide educational materials related to migratory birds and conservation efforts. These resources are available for public access.

⚖️ Recent Cases Related to the Migratory Bird Treaty Act

Recent court rulings have addressed various aspects of the Migratory Bird Treaty Act, impacting how the law is interpreted and enforced. These cases highlight the ongoing legal discussions surrounding the protection of migratory birds.

Explore more recent rulings in the news section.

End of October 2026 Update

The Migratory Bird Treaty Act was enacted in 1918 in the United States. It was a treaty between the United Kingdom and the United States, in which both countries agreed to prevent the killing, capture or sale of a specific list of migratory birds. Later, several other countries joined the treaty to protect migratory birds. In fact, there are six countries that joined the treaty in total, including Mexico, Russia, Japan and Canada.

The Migratory Bird Treaty act was meant to protect the birds, including nests, feathers and eggs. In fact, dead birds are not excluded from the treaty. Over eight hundred species of migratory birds are on the list, which protects the birds and bird parts from abuse, sale or possession.

It is difficult for just one country to be charged with protecting any migratory species. If for example, only one country in the path of the migratory animal offers it protection, then the animal is in danger during other portions of its travel. For example, if whales are offered protection only in the United States waterways, they are in danger anytime they move outside of United States waterways. Treaties such as the Migratory Bird Treaty Act offers the birds protection, wherever they are on their travels.

Without the act, many specifies may be in danger. In fact, there are many illegal operations which trap and sell migratory birds. However, the act allows for those individuals to be punished to the fullest extend of the law.