The U.S. Fish and Wildlife Service proposes to establish regulations that define the scope of the Migratory Bird Treaty Act (MBTA) as it applies to conduct resulting in the injury or death of migratory birds protected by the Act. This rule would codify that the prohibitions of take of migratory birds under the MBTA apply only to affirmative actions that have as their purpose the taking or killing of migratory birds, their nests, or their eggs (i.e., intentional or purposeful taking or killing) for activities directed at migratory birds. These regulations would reduce regulatory burdens and uncertainty on the public with regard to complying with bird take prohibitions.