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.”
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.
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