The U.S. Fish and Wildlife Service proposes to establish regulations that define the scope of the Migratory Bird Treaty Act (MBTA or Act) as it applies to conduct resulting in the injury or death of migratory birds protected by the Act. This rule would codify the legal opinion in the Department of the Interior Solicitor’s Opinion M-37050 that incidental take resulting from an otherwise lawful activity is not prohibited under the MBTA. These regulations would reduce regulatory burdens and uncertainty on the public with regards to complying with bird take prohibitions.