SUPPLEMENTARY INFORMATION:

I. List of Birds Protected by the Migratory Bird Treaty Act (50 CFR 10.13)

Statutory Authority for Maintaining and Revising the List of Birds Protected by the MBTA

The Service (as delegated by the Secretary of the Interior) has the statutory authority and responsibility to implement and enforce the MBTA (16 U.S.C. 703-712), the Fish and Wildlife Improvement Act of 1978 (Pub. L. 95-616; 16 U.S.C. 742l), and the Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j, not including 742d-1). The MBTA implements conventions (bilateral treaties) between the United States and four neighboring countries for the protection of migratory birds, as follows:

(1) Canada: Convention between the United States and Great Britain [on behalf of Canada] for the Protection of Migratory Birds, August 16, 1916, 39 Stat. 1702 (T.S. No. 628), as amended by Protocol between the Government of the United States and the Government of Canada Amending the 1916 Convention between the United Kingdom and the United States of America for the Protection of Migratory Birds, Sen. Treaty Doc. 104-28 (December 14, 1995);

(2) Mexico: Convention between the United States and Mexico for the Protection of Migratory Birds and Game Mammals, February 7, 1936, 50 Stat. 1311 (T.S. No. 912), as amended March 10, 1972 (23 U.S.T. 260; T.I.A.S. 7302), and by Protocol with Mexico amending Convention for Protection of Migratory Birds and Game Mammals, Sen. Treaty Doc. 105-26 (May 5, 1997);

(3) Japan: Convention between the Government of the United States of America and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction, and Their Environment, March 4, 1972, 25 U.S.T. 3329 (T.I.A.S. No. 7990); and

(4) Russia: Convention between the United States of America and the Union of Soviet Socialist Republics Concerning the Conservation of Migratory Birds and Their Environment, November 19, 1976, 29 U.S.T. 4647 (T.I.A.S. No. 9073). ( printed page 62412)

What is the purpose of this proposed rulemaking?

Our purpose is to inform the public of updates to the list of species protected by the MBTA and its implementing regulations. These regulations are found in title 50 of the Code of Federal Regulations (CFR) at parts 10, 20, 21, and 92. We regulate the taking, possession, transportation, sale, purchase, barter, exportation, and importation of birds protected by the MBTA. An accurate and up-to-date list of species protected by the MBTA is essential for notifying the public and other Federal, State, Tribal, and Territorial agencies of which species are subject to regulatory protections.

Why is this amendment of the List of Birds Protected by the MBTA necessary?

The amendments we are proposing are needed to:

(1) Add 13 species based on new distributional records documenting their natural occurrence in the United States or U.S. territories since 2022;

(2) Add 19 species newly recognized because of recent taxonomic changes;

(3) Remove seven species not known to occur within the boundaries of the United States or U.S. territories because of recent taxonomic changes;

(4) Change the common (English) names of 25 species to conform to accepted use;

(5) Change the scientific names of 32 species to conform to accepted use;

(6) Correct the spelling of one species name on the alphabetized list; and

(7) Correct the spelling of one species name on the taxonomic list.

The List of Birds Protected by the MBTA (50 CFR 10.13) was last revised on July 31, 2023 (88 FR 49310). The amendments proposed in this rule are necessitated by three published supplements to the 7th (1998) edition of the American Ornithologists' Union (AOU, now recognized as the American Ornithological Society (AOS)) Checklist of North American Birds (AOS 2023, 2024, 2025, and 2026 (in press)) and the 2016, 2023, 2024, and 2025 publications of the Clements Checklist of Birds of the World (Clements et al. 2016, 2023, 2024, and 2025).

What scientific authorities are used to amend the List of Birds Protected by the MBTA?

Although bird names (common and scientific) are relatively stable, staying current with standardized use is necessary to avoid confusion in communications. In making our determinations, we primarily relied on the AOS's Checklist of North American birds (AOU 1998), as amended annually (AOS 2023, 2024, 2025, and 2026 (in press)), on matters of taxonomy, nomenclature, and the sequence of species and other higher taxonomic categories (Orders, Families, Subfamilies) for species that occur in North America. The AOS Checklist of North American Birds (Checklist), developed by the AOS Committee on Classification and Nomenclature, has been the recognized taxonomic authority for North American birds since publication of the first edition of the Checklist in 1886. The committee compiles the taxonomic foundation for ornithology in North America by evaluating and publishing the latest scientific developments in the systematics, classification, nomenclature, and distribution of North American birds. Thus, the AOS Checklist represents the best scientific information available for developing the North American component of this List of Birds Protected by the MBTA. In keeping with the increasing number of study areas on which taxonomy relies, the committee incorporates expertise in phylogenetics, genomics, vocalizations, morphology, behavior, and geographical distribution, as well as general ornithological knowledge. The AOS Checklist contains all bird species that have occurred in North America from the Arctic through Panama, including the West Indies and the Hawaiian Islands, and includes distributional information for each species, which specifies whether the species is known to occur in the United States. The committee also keeps and updates a list of species known to occur in the United States.

For the species that occur in the U.S. territories outside the geographic area covered by the AOS Checklist, we relied primarily on the Clements Checklist of Birds of the World (Clements Checklist) (Clements et al. 2007), the Clements Checklist 2016, 2023, 2024, and 2025 installment of updates and corrections (Clements et al. 2016, 2023, 2024, and 2025), and other peer-reviewed literature where appropriate. The Clements Checklist is a list of all known bird species in the world and is maintained and updated annually by the Cornell Laboratory of Ornithology (CLO). The CLO relies on different regional ornithological authorities to compile the Clements Checklist, using the AOS for the western hemisphere. Taxonomy and nomenclature are the primary focus of the Clements Checklist. Range descriptions are maintained and updated based on the best available information, but do not include records of vagrancy.

Although we primarily rely on the above sources, when informed taxonomic opinion is inconsistent or controversial, we evaluate available published and unpublished information and come to our own conclusion regarding the validity of taxa and whether to include taxonomic changes. For example, we include the Purple Swamphen, Porphyrio porphyrio, as classified by the AOS, even though the Clements Checklist splits this taxon into six species. Distinguishing characteristics within the Purple Swamphen clade are widely studied across its global range, yet scientific evidence remains inconclusive, leaving experts divided on how best to split these taxa. Because this taxonomy is complex and subject to ongoing revision, we chose to follow the AOS treatment of a single species, Purple Swamphen, Porphyrio porphyrio. We also evaluate available information for new species documented to occur naturally in the United States or U.S. territories and come to our own conclusion regarding whether to add those species to the List of Birds Protected by the MBTA.

A 2025 publication, AviList: a unified global bird checklist (Rheindt et al. 2025), introduced a new global bird checklist, known as AviList, which has a single taxonomy for birds across the world. The scientific authorities cited above, and who are referenced for amending the List of Birds Protected by the MBTA, participated in the development of AviList. While these authorities may one day align with AviList, currently, there are several differences in classification and nomenclature, and we decided to consider developing a process to align with AviList in subsequent updates. Notably, we include updates at the subfamily level, which enables us to track when a family included in one of the bilateral treaties is subsumed into another as a subfamily, ensuring that species within the family, as originally included in the treaty, are appropriately protected under the MBTA.

For this update, we reviewed 13 species that were added to the AOS Checklist based on new natural distribution in the United States or U.S. territories (AOS 2023, 2024, 2025, and 2026(in press)). Based on the available evidence and criteria we use to identify individual species that qualify for protection by the MBTA (see below), we propose to add 12 of the 13 species. We elected not to add one of the 13 species, Eurasian Goshawk, Accipiter gentilis. In 2023, AOS split Northern Goshawk, ( printed page 62413) Accipiter gentilis, into American Goshawk, Accipiter atricapillus, which regularly occurs in the United States, and Eurasian Goshawk, Accipiter gentilis (AOS 2023). The distribution statement for Eurasian Goshawk includes two extralimital records in the United States from Alaska in 2001 (AOS 2023), the details of which are included in a 2015 Service report (Schwitters 2015). When we reviewed the details of the published records, we found insufficient evidence to conclusively identify the birds as Eurasian Goshawks and therefore do not propose to add this species at this time. We may revisit this decision not to add the Eurasian Goshawk in a subsequent update if there is new evidence of its natural occurrence in the United States.

We reconsidered two species that were previously added to the AOS Checklist based on new natural distribution in the United States or U.S. territories (AOS 2020) and for which we concluded the evidence, at the time, did not support proposing to add those species to the List of Birds Protected by the MBTA (see July 31, 2023 (88 FR 49310)). We once again explored whether to add Graylag Goose, Anser anser, based on new information on natural distribution in the United States or U.S. territories and found no new evidence since our last update. Therefore, at this time, we do not propose adding Graylag Goose, Anser anser, to the List of Birds Protected by the MBTA. We received new information for documented records of Red-backed Shrike, Lanius collurio, in Alaska and concluded that there is sufficient evidence demonstrating that the species naturally occurs in the United States, and thus propose to add Red-backed Shrike, Lanius collurio, to the List of Birds Protected by the MBTA.

What criteria are used to identify individual species protected by the MBTA?

A species qualifies for protection under the MBTA by meeting one or more of the following criteria:

(1) It is individually listed in the Annex to the Japan Convention or the Appendix to the Russia Convention.

(2) It occurs in the United States or U.S. territories as the result of natural biological or ecological processes and is currently, or was previously listed as, a member of a family protected by the Canada or Mexico Conventions or their amendments. A naturally occurring species is protected by the MBTA as a member of a protected family, even if the species is ecologically nonmigratory (meaning it does not exhibit seasonal movements—also known as a resident species). For example, the Bushtit ( Psaltriparus minimus) is a resident, nonmigratory species and is included in 50 CFR 10.13 because it occurs in a family (Aegithalidae) that is protected by the bilateral treaty with Canada and naturally occurs within the United States or U.S. Territories. Any species that is a member of a family protected by the Canada or Mexico Conventions but does not occur in the United States or U.S. territories, or occurs solely as a result of intentional or unintentional human-assisted introduction, does not qualify for the MBTA list, unless:

(a) It was either native to the United States or U.S. territories and extant in 1918; or

(b) It was extirpated after 1918 throughout its range in the United States or U.S. territories, and, after such extirpation, it was reintroduced in the United States or U.S. territories as part of a program carried out by a Federal agency.

(3) Revised taxonomy results in it being newly split from a species that was previously on the list, and the new species occurs in the United States or U.S. territories as the result of natural biological or ecological processes. If a newly recognized native species is considered extinct (following the classification of the AOS or, for species not covered by the AOS, the Clements Checklist or peer-reviewed literature), that species will still be included if either of the following criteria apply:

(a) The species closely resembles extant species included in the list that may be affected by trade or other commercial activities if the species is not included; or

(b) Not including the species may create difficulties implementing the MBTA and its underlying conventions.

(4) New evidence exists for its natural occurrence in the United States or U.S. territories resulting from new or natural distributional changes and the species belongs to a protected family in the Canada and Mexico Conventions. Records must be documented, accepted, and published by the AOS committee. For the U.S. Pacific territories that fall outside the geographic scope of the AOS and for which there is no identified ornithological authority, new evidence of a species' natural occurrence will be based on the Clements Checklist and then published peer-reviewed literature, in that order. Records and the evidence supporting their acceptance by the AOS, Clements Checklist, or peer-reviewed literature are reviewed independently by the Service before we propose adding the species to the list.

In accordance with the Migratory Bird Treaty Reform Act of 2004 (Pub. L. 108-447, December 8, 2004, 118 Stat. 2809, 3071-72), we only include migratory bird species that are native to the United States or U.S. territories, unless a species not currently known to be native is specifically listed in the Japan or Russia Conventions, which provide their own mechanisms for mutually adding or removing species designated for protection by those Conventions. A native migratory bird species is one that occurs as a result of natural biological or ecological processes. The list at 50 CFR 10.13 does not include nonnative species belonging to families protected by the Canada and Mexico Conventions that occur in the United States or U.S. territories solely as a result of intentional or unintentional human-assisted introduction(s). An amended list of the nonnative bird species that have been introduced by humans into the United States or U.S. territories and to which the MBTA does not apply was published in the Federal Register on April 16, 2020 (85 FR 21262), with a correction published on May 3, 2021 (86 FR 23422).

What species are not protected by the Migratory Bird Treaty Act?

The MBTA does not apply to:

(1) Nonnative species introduced into the United States or U.S. territories by means of intentional or unintentional human assistance that belong to families or groups covered by the Canada or Mexico Conventions. Note, though, that native species that are introduced into parts of the United States where they are not native are still protected under the MBTA regardless of where they occur in the United States or U.S. territories.

(2) Species native or nonnative to the United States or U.S. territories that either belong to families or groups not referred to in the Canada and Mexico Conventions or are not included by species name in the Russia and Japan Conventions. This includes the families Tinamidae (tinamous), Megapodiidae (megapodes), Cracidae (chachalacas), Odontophoridae (New World quail), Phasianidae (grouse, ptarmigan, and turkeys), Pteroclidae (sandgrouse), Heliornithidae (finfoots), Burhinidae (thick-knees), Glareolidae (pratincoles), Todidae (todies), Psittacidae (parrots), Psittaculidae (Old World parrots), Meliphagidae (honeyeaters), Dicruridae (drongos), Monarchidae (monarchs), Pycnonotidae (bulbuls), Scotocercidae (bush warblers and allies), Zosteropidae (white-eyes), Sturnidae (starlings, except as listed in Japanese treaty), Ploceidae (weavers), Estrildidae (estrildid finches), and Passeridae (Old World sparrows, including house or English sparrow), as well as numerous ( printed page 62414) other families not represented in the United States or U.S. territories.

How do the changes affect the List of Birds Protected by the MBTA?

Taxonomic changes were made at the family and subfamily levels by the AOS since our 2023 publication of the list (88 FR 49310; July 31, 2023). These changes affect the taxonomic order of species on this list. Specifically, new subfamilies were created. Within the family Charadriidae, a new subfamily, Pluvialinae, was created. The Golden-Plovers were moved to Pluvialinae, and Northern Lapwing was moved from Vanellinae to Charadriinae, and Vanellinae is deleted. Within the family Ardeidae, three new subfamilies were created: the Bare-Throated Tiger-Heron was moved to Tigriornithinae, Least Bittern and Yellow Bittern were moved to Botaurinae, and the herons and egrets were moved to Ardeinae. Within the family Columbidae, two new subfamilies were created: the ground doves were moved to Claravinae, and the quail-doves, White-tipped Dove, White-winged Dove, Zenaida Dove, and Mourning Dove were moved to Columbinae. Within the family Laridae, two new subfamilies were created: the noddies were moved to Anoinae, and the white-terns were moved to Gyginae. The families Spindalidae and Nesospingidae were merged into Phaenicophilidae, and species formerly placed in Nesospingidae and Spindalidae were moved to the new subfamily Spindalinae.

The proposed amendments (additions, removals, and name changes) would affect a total of 88 species and would result in a net addition of 25 species to the List of Birds Protected by the MBTA, increasing the number of species on the list from 1,106 to 1,131. Nineteen species that we would add to the list are new species that have been recognized as a result of a taxonomic split, occur in the United States or U.S. territories, and were previously covered under the MBTA as members of listed species (conspecific). These proposed amendments can be logically arranged in the following five categories:

(1) Add 13 species based on review and acceptance by the AOS (since 2022), or by other appropriate ornithological authorities, and the Service of new distributional records documenting their occurrence in the United States or U.S. territories. These species belong to families covered by at least one of the two international conventions that designate families for protection. For each species, we list the State or U.S. territory in which it has been recorded, plus the relevant publication:

Bat Falcon, Falco rufigularis —Texas (AOS 2023);

Rufous-tailed Rock-thrush, Monticola saxatilis —Alaska (AOS 2023);

Western Marsh Harrier, Circus aeruginosus —Maine and New Jersey (AOS 2024);

Icterine Warbler, Hippolais icterina —Alaska (AOS 2024);

Ainley's Storm-Petrel, Hydrobates cheimomnestes —California and Hawaii (AOS 2025);

Blue-black Grassquit, Volatinia jacarina —Arizona (AOS 2025);

Eurasian Sparrowhawk, Accipiter nisus —Alaska (AOS 2025);

Gray Gull, Leucophaeus modestus —Florida and Alabama (AOS 2025);

Southern Lapwing, Vanellus chilensis —Michigan, Texas, Florida, and Maryland (AOS 2025);

Yellow-headed Caracara, Milvago chimachima —Florida and Texas (AOS 2025);

Hen Harrier, Circus cyaneus —Alaska (AOS 2026, in press);

Oriental Honey-buzzard, Pernis ptilorhynchus —(AOS 2026, in press);

Red-backed Shrike, Lanius collurio —Alaska (AOS 2020).

(2) Add 19 species because of recent taxonomic changes in which taxa formerly treated as conspecific have been determined to be distinct species ( i.e., a taxonomic split). Given that each of these species was formerly treated as conspecific with a listed species, these additions would not change the protective status of any of these taxa, only the names by which they are known. In each case, we reference the AOS or relevant publication supporting the change:

Puerto Rican Euphonia, Chlorophonia sclateri —formerly considered conspecific with Antillean Euphonia, Chlorophonia musica (AOS 2023);

Siberian House-Martin, Delichon lagopodum —formerly considered conspecific with Common House-Martin, Delichon urbicum (AOS 2023);

Scopoli's Shearwater, Calonectris diomedea —formerly considered conspecific with Cory's Shearwater, Calonectris diomedea (AOS 2024);

Cocos Booby, Sula brewsteri —formerly considered conspecific with Brown Booby, Sula leucogaster (AOS 2024);

Eastern Cattle-Egret, Ardea coromanda —formerly considered conspecific with Cattle Egret, Ardea ibis (AOS 2024);

American Barn Owl, Tyto furcata —formerly considered conspecific with Barn Owl, Tyto alba (AOS 2024);

Siberian Pipit, Anthus japonicus —formerly considered conspecific with American Pipit, Anthus rubescens (AOS 2024);

Western Warbling-Vireo, Vireo swainsoni —formerly considered conspecific with Warbling Vireo, Vireo gilvus (AOS 2025);

Vega Gull, Larus vegae —formerly considered conspecific with Herring Gull, Larus argentatus (AOS 2025);

American Herring Gull, Larus smithsonianus —formerly considered conspecific with Herring Gull, Larus argentatus (AOS 2025);

Blue-billed White-Tern, Gygis candida —formerly considered conspecific with White Tern, Gygis alba, (AOS 2025);

Little White-Tern, Gygis microrhyncha —formerly considered conspecific with White Tern, Gygis alba, (AOS 2025);

Hudsonian Whimbrel, Numenius hudsonicus —formerly considered conspecific with Whimbrel, Numenius phaeopus, (AOS 2026, in press);

Prairie Willet, Tringa inornata —formerly considered conspecific with Willet, Tringa semipalmata, (AOS 2026, in press);

American Egret, Ardea egretta —formerly considered conspecific with Great Egret, Ardea alba, (AOS 2026, in press);

Western Marsh-Wren, Cistothorus paludicola —formerly considered conspecific with Marsh Wren, Cistothorus palustris, (AOS 2026, in press);

Eastern Red-legged Thrush, Turdus ardosiaceus —formerly considered conspecific with Red-legged Thrush, Turdus plumbeus, (AOS 2026, in press);

Mangrove Warbler, Setophaga petechia —formerly considered conspecific with Yellow Warbler, Setophaga petechia, (AOS 2026, in press); and

Desertas Petrel, Pterodroma deserta —formerly considered conspecific with Fea's Petrel Pterodroma feae, (AOS 2026, in press).

(3) Remove seven species based on revised taxonomic treatments, either because a species is taxonomically merged with another species, either on or off the list; a species previously on the list is taxonomically split into multiple species and the new species is not known to occur within the United States or U.S. territories; or the species is considered extinct (following the classification of the AOS or, for species not covered by the AOS, the Clements Checklist or peer-reviewed literature) unless any of the following criteria apply: It is protected under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), or the Convention on International ( printed page 62415) Trade in Endangered Species of Wild Fauna and Flora (CITES; 27 U.S.T. 1087); it resembles extant species included in the list that may be affected by its removal; or its removal would create difficulties implementing the MBTA and its underlying Conventions. In each case, we reference the publication supporting these changes:

Antillean Euphonia, Chlorophonia musica (AOS 2023);

Cordilleran Flycatcher, Empidonax occidentalis, is combined with Western Flycatcher, Empidonax difficilis (AOS 2023);

Common House-Martin, Delichon urbicum (AOS 2023);

Barn Owl, Tyto alba (AOS 2024);

Hoary Redpoll, Acanthis hornemanni, is combined with Redpoll, Acanthis flammea (AOS 2024);

White Tern, Gygis alba (AOS 2025); and

Fea's Petrel, Pterodroma feae (AOS 2026, in press).

(4) Revise the common (English) names of 25 species to conform to the most recent nomenclatural treatment as described in AOS and Clements et al. publications. These revisions do not change the protective status of any of these taxa, only the names by which they are known. In each case, the update is described in the table, below.

(5) Revise the scientific names of 32 species to conform to the most recent nomenclatural treatment as described in AOS and Clements et al. publications. These revisions do not change the protective status of any of these taxa, only the names by which they are known. In each case, the update is described in the table, below.

(6) Correct the spelling of one scientific name on the alphabetized and taxonomic lists:

Stejneger's Scoter, Melanitta stejneger, becomes Melanitta stejnegeri.

How is the List of Birds Protected by the MBTA organized?

The species are listed in two formats to suit the needs of different segments of the public: alphabetically in 50 CFR 10.13(c)(1) and taxonomically in 50 CFR 10.13(c)(2). In the alphabetical listing, species are grouped alphabetically by common name group ( e.g., Warbler), followed by the species common names in alphabetical order within the group, and then the scientific name. This format is most useful to members of the lay public. In the taxonomic listing, species are listed in phylogenetic sequence by scientific name, with the English name following the scientific name. To help clarify species relationships, we also list the higher-level taxonomic categories of Order, Family, and Subfamily. This format follows the sequence adopted by the AOS (1998, 2026) and is most useful to ornithologists and other scientists.

II. Revisions to 50 CFR Part 21

Because we are proposing to revise common and scientific names on the List of Birds Protected by the MBTA at 50 CFR 10.13, as described above, we also propose to make changes in 50 CFR part 21 where appropriate. The proposed changes are purely administrative and do not change the underlining meaning or requirements of any regulations in part 21. The following changes are proposed:

(1) Under 50 CFR 21.82 (Falconry standards and falconry permitting), we propose to change goshawk and northern goshawk to American goshawk. Where the scientific name is provided, we propose changing Accipiter gentilis to Astur atricapillus.

(2) Under 50 CFR 21.177 (Control order for invasive migratory birds in Hawaii), we propose revising the names for cattle egret and barn owl. The ibis group of cattle egret was introduced to the Hawaiian islands in 1959 (AOU 1998). Similarly, the barn owl was introduced to the Hawaiian islands in 1958 (AOU 1998). Therefore, throughout 50 CFR 21.177, we propose changing cattle egret and barn owl to western cattle-egret and American barn owl, respectively. We also propose revising the scientific names to Ardea ibis and Tyto furcata for western cattle-egret and American barn owl, respectively.

III. Required Determinations

Regulatory Planning and Review (Executive Orders 12866 and 13563)

Executive Order (E.O.) 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget will review all significant rules. OIRA has determined that this rule is not significant.

E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the Nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. E.O. 13563 directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed these proposed revisions and additions to the CFR in a manner consistent with these requirements.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 (5 U.S.C. 804(2)), whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities ( i.e., small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency certifies the rule does not have a significant economic impact on a substantial number of small entities.

SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide the statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities. We have examined this rule's potential effects on small entities as required by the Regulatory Flexibility Act and have determined that this action will not have a significant economic impact on a substantial number of small entities. This rule is an administrative action to update the list of migratory bird species protected under the Conventions. Because of the administrative nature of this rulemaking, the rule will have no known economic impacts on small entities. Consequently, we certify that this rule will not have a significant economic impact on a substantial number of small entities; therefore, a regulatory flexibility analysis is not required.

Unfunded Mandates Reform Act

In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.), we have determined the following:

a. This rule does not “significantly or uniquely” affect small governments. A small government agency plan is not required. This rule is an administrative action to update the list of migratory bird species protected under the ( printed page 62417) Conventions; it does not affect small government activities in any significant way.

b. This rule does not produce a federal mandate of $100 million or greater in any year; i.e., it is not a “significant regulatory action” under the Unfunded Mandates Reform Act.

Takings

In accordance with E.O. 12630, this rule does not have significant takings implications. This rule does not contain a provision for the taking of private property. Therefore, a takings-implication assessment is not required.

Federalism

This rule does not have sufficient Federalism effects to warrant preparation of a federalism summary impact statement under E.O. 13132. It does not interfere with the States' ability to manage themselves or their funds. No significant economic impacts are expected to result from updating the list of migratory bird species protected by the MBTA.

Civil Justice Reform

In accordance with E.O. 12988, the Office of the Solicitor has determined that this rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order.

Paperwork Reduction Act

This rule does not contain information collection requirements, and a submission to the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not required. We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.

National Environmental Policy Act (NEPA)

We have analyzed this rule in accordance with the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) and Department of Interior (DOI) regulations at 43 CFR part 46. We find that the action fits within a categorical exclusion listed in 43 CFR 46.210, specifically: (i) Policies, directives, regulations, and guidelines: that are of an administrative, financial, legal, technical, or procedural nature; or whose environmental effects are too broad, speculative, or conjectural to lend themselves to meaningful analysis and will later be subject to the NEPA process, either collectively or case-by-case. We have assessed whether any of the extraordinary circumstances listed in 43 CFR 46.215 apply and concluded that none are relevant to this proposed action and thus do not apply because it is an administrative action that would have no impacts on the human or natural environment.

Endangered Species Act (ESA)

Of the species on the List of Birds Protected by the Migratory Bird Treaty Act, 86 are also listed as endangered or threatened species, subspecies, or distinct population segments under section 4 of the ESA of 1973, as amended (16 U.S.C. 1531 et seq.). No legal complications arise from the dual listing as the two lists are developed under separate authorities for different purposes. Because this rule is strictly administrative in nature, it has no effect on endangered or threatened species or their designated critical habitats. Thus, it does not require consultation under section 7 of the ESA.

Government-to-Government Relationship With Tribes

In accordance with the President's memorandum of April 29, 1994 (“Government-to-Government Relations With Native American Tribal Governments;” 59 FR 22951, May 4, 1994), E.O. 13175 (“Consultation and Coordination with Indian Tribal Governments”), the President's memorandum of November 30, 2022 (“Uniform Standards for Tribal Consultation;” 87 FR 74479, December 5, 2022), and the Department of the Interior's manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with federally recognized Tribes and Alaska Native Corporations on a government-to-government basis. In accordance with S.O. 3206 of June 5, 1997 (“American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act”), we readily acknowledge our responsibilities to work directly with Tribes in developing programs for healthy ecosystems, to acknowledge that Tribal lands are not subject to the same controls as Federal public lands, to remain sensitive to Indian culture, and to make information available to Tribes.

Energy Supply, Distribution, or Use (Executive Order 13211)

On May 18, 2001, the President issued E.O. 13211 addressing regulations that significantly affect energy supply, distribution, or use. E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this rule is an administrative action to update the list of migratory bird species protected under the Conventions, it is not a significant regulatory action under E.O. 12866, and it does not significantly affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action, and no Statement of Energy Effects is required.

Clarity of the Proposed Rule

We are required by E.O.s 12866 and 12988 and by the Presidential memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must:

(1) Be logically organized;

(2) Use the active voice to address readers directly;

(3) Use clear language rather than jargon;

(4) Be divided into short sections and sentences; and

(5) Use lists and tables wherever possible.

If you believe that we have not met these requirements, send us comments by one of the methods listed in ADDRESSES . To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that you believe are unclearly written, identify any sections or sentences that you believe are too long, and identify the sections where you believe lists or tables would be useful.

References Cited

A complete list of all references cited is available on www.regulations.gov under Docket No. FWS-HQ-MB-2026-0133, and upon request (see FOR FURTHER INFORMATION CONTACT , above).

Regulation Promulgation

For the reasons discussed in the preamble, we propose to amend title 50, chapter I, subchapter B of the Code of Federal Regulations, as follows:

1. The authority citation for part 10 continues to read as follows:

Authority: 16 U.S.C. 668a-d, 703-712, 742a-j-l, 1361-1384, 1401-1407, 1531-1543, 3371-3378; 18 U.S.C. 42; 19 U.S.C. 1202.

( printed page 62418)

2. Amend §  10.13 by revising the section heading and paragraph (c) to read as follows:

3. The authority citation for part 21 continues to read as follows:

Authority: 16 U.S.C. 703-712.

4. Amend § 21.82 by:

a. In paragraph (c)(2)(iv)(2) removing the words “goshawks ( Accipiter gentilis)” and adding in its place the words “American goshawks ( Astur atricapillus)”.

b. In paragraph (c)(6)(i) removing the word “goshawk” and adding in its place the words “American goshawk”.

c. In paragraph (c)(6)(v) removing two occurrences of the word “goshawk” and adding in its place the words “American goshawk”.

5. Amend § 21.177 by:

a. In the heading of paragraph (a) removing the words “cattle egrets and barn owls” and adding in its place the words “western cattle-egrets and American barn owls”.

b. In paragraph (a) removing the words “cattle egrets ( Bubulcus ibis) or barn owls ( Tyto alba)” and adding in its place the words “western cattle-egrets ( Ardea ibis) or American barn owls ( Tyto furcata)”.

c. In paragraph (c)(1) removing the words “cattle egrets and barn owls” and adding in its place the words “western cattle-egrets and American barn owls”.

d. In paragraph (c)(2) removing the words “cattle egrets or barn owls” and adding in its place the words “western cattle-egrets or American barn owls”.

e. In paragraph (c)(4) removing the words “cattle egrets or barn owls” and adding in its place the words “western cattle-egrets or American barn owls”.

f. In paragraph (e) removing the words “cattle egrets and barn owls” and adding in its place the words “western cattle-egrets and American barn owls”.

g. In the heading of paragraph (f) removing the words “cattle egrets or barn owls” and adding in its place the words “western cattle-egrets or American barn owls”.

h. In two instances of paragraph (f) removing the words “cattle egrets or barn owls” and adding in its place the words “western cattle-egrets or American barn owls”.

i. In the heading of paragraph (g) removing the words “cattle egret or barn owl” and adding in its place the words “western cattle-egret or American barn owl”.

j. In paragraph (g) removing the words “cattle egret or a barn owl” and adding in its place the words “western cattle-egret or an American barn owl”.

k. In paragraph (h) removing the words “cattle egrets or barn owls” and ( printed page 62457) adding in its place the words “western cattle-egrets or American barn owls”.