This bill, titled the Migratory Bird Protection Act of 2025, significantly amends the Migratory Bird Treaty Act by explicitly affirming that its prohibition on the unauthorized take or killing of migratory birds includes incidental take . It mandates the Secretary of the Interior, acting through the U.S. Fish and Wildlife Service, to promulgate regulations for authorizing such incidental take, including through general permits. The legislation establishes a framework for compliance and enforcement, introducing civil penalties of up to $10,000 per violation for incidental take without authorization or in breach of permit conditions. More severe penalties, consistent with existing law, apply to unpermitted incidental take resulting from reckless or grossly negligent conduct. The Secretary is empowered to initiate civil actions, including injunctions, to address violations. To support these new provisions, the bill authorizes the collection of fees for administering incidental take permits, with these funds dedicated to covering program costs and conserving affected bird populations. It establishes a new Migratory Bird Recovery Fund in the Treasury, which will receive these fees, civil penalties, appropriations, and donations to further conservation efforts. An annual appropriation of $10,000,000 is authorized to carry out the Act's objectives. Furthermore, the bill requires the Secretary to submit regular reports to Congress every five years on the conservation status of migratory birds, the impacts of authorized activities, and the program's overall progress. It also mandates the establishment of a comprehensive research program to monitor bird populations, understand environmental stressors, identify mitigation opportunities, and validate conservation measures.
Referred to the House Committee on Natural Resources.
Environmental Protection
Migratory Bird Protection Act of 2025
USA119th CongressHR-3188| House
| Updated: 5/5/2025
This bill, titled the Migratory Bird Protection Act of 2025, significantly amends the Migratory Bird Treaty Act by explicitly affirming that its prohibition on the unauthorized take or killing of migratory birds includes incidental take . It mandates the Secretary of the Interior, acting through the U.S. Fish and Wildlife Service, to promulgate regulations for authorizing such incidental take, including through general permits. The legislation establishes a framework for compliance and enforcement, introducing civil penalties of up to $10,000 per violation for incidental take without authorization or in breach of permit conditions. More severe penalties, consistent with existing law, apply to unpermitted incidental take resulting from reckless or grossly negligent conduct. The Secretary is empowered to initiate civil actions, including injunctions, to address violations. To support these new provisions, the bill authorizes the collection of fees for administering incidental take permits, with these funds dedicated to covering program costs and conserving affected bird populations. It establishes a new Migratory Bird Recovery Fund in the Treasury, which will receive these fees, civil penalties, appropriations, and donations to further conservation efforts. An annual appropriation of $10,000,000 is authorized to carry out the Act's objectives. Furthermore, the bill requires the Secretary to submit regular reports to Congress every five years on the conservation status of migratory birds, the impacts of authorized activities, and the program's overall progress. It also mandates the establishment of a comprehensive research program to monitor bird populations, understand environmental stressors, identify mitigation opportunities, and validate conservation measures.