Tuesday, February 2, 2021 On January 7, 2021, the U.S. Fish and Wildlife Service (“FWS”) issued a final rule codifying the Trump Administration’s interpretation that the prohibitions of the Migratory Bird Treaty Act (“MBTA”) only apply to actions “directed at” migratory birds, their nests, or their eggs (“Final Rule”). Consistent with the proposed rule (see VNF’s previous alert), FWS adopted the interpretation “that the scope of the MBTA does not include incidental take.” The Final Rule is currently scheduled to become effective on February 8, 2021. However, implementation of this Final Rule faces significant hurdles—it may be struck down in federal court, disapproved pursuant to the Congressional Review Act (“CRA”), or withdrawn by the Biden Administration.