Migratory Bird Protection Act

Summary#

This bill amends the Migratory Bird Treaty Act to say that the law’s ban on taking or killing migratory birds includes incidental take (accidental or unintentional kills). It directs the Secretary of the Interior, acting through the U.S. Fish and Wildlife Service, to create regulations and permits to authorize incidental take. The bill adds a civil penalty for unauthorized incidental take of up to $10,000 per violation, but says unpermitted incidental take caused by reckless or gross negligence will be subject to higher penalties described in the statute. It allows the Secretary to collect fees to administer the permit program and to conserve affected birds, and it creates a dedicated Migratory Bird Recovery Fund to hold those fees, penalties, appropriations, and donations. The bill authorizes $10,000,000 per year to carry out the new section, requires five-year reports to Congress on bird status and program impacts, establishes a research program on bird monitoring and mitigation, continues enforcement of Director’s Order No. 225 until new regulations are in place, and includes notice-and-hearing protections before penalties are assessed. It also makes technical edits to department references in the statute and defines key terms like “Secretary.”

What it means for you#

  • If your activities can accidentally kill migratory birds (for example, some industrial or development activities), you would need authorization under the new permit rules once they are written.
  • The Fish and Wildlife Service will write regulations and may issue general permits and fees to manage incidental take.
  • Entities facing alleged violations must get notice and an opportunity for a hearing before penalties are imposed.
  • The law creates a fund and research program intended to monitor bird populations and develop ways to reduce accidental harm.

Expenses#

  • The bill authorizes $10,000,000 per fiscal year to carry out the new incidental-take program.
  • The Secretary may collect fees to cover permit administration and conservation actions; fees go to the Migratory Bird Recovery Fund.
  • The Secretary may assess civil penalties up to $10,000 per violation for unauthorized incidental take; more severe penalties apply for reckless or grossly negligent acts as provided in the statute.
  • No publicly available information on total projected government costs or net fiscal impact beyond the amounts and authorities stated in the bill.

Proponents' View#

The sponsors introduced this measure to clarify that the Migratory Bird Treaty Act covers incidental take and to create a regulatory process for authorizing such take. The bill provides a permit and fee system, penalties for unauthorized take, dedicated funding, reporting to Congress, and a research program to monitor birds and develop mitigation measures.

Opponents' View#

No publicly available information.