HR3188-119

What This Bill Does

The Migratory Bird Protection Act amends the Migratory Bird Treaty Act to make unauthorized incidental take of migratory birds, parts, nests, or eggs a violation unless authorized by the Secretary of the Interior acting through the U.S. Fish and Wildlife Service. Interior must promulgate regulations, including general permits, and must continue enforcing Director's Order No. 225 until industry-specific regulations are issued. A person who incidentally takes migratory birds without authorization or violates permit or regulatory terms may face civil penalties up to 10,000 dollars per violation, while reckless or grossly negligent unpermitted take remains subject to criminal penalties. Interior may seek injunctive relief, must provide notice and hearing before penalties, consider gravity and good faith, and may remit or mitigate penalties in extraordinary cases. The Secretary may collect fees for permit administration and bird conservation, deposit fees, penalties, appropriations, and donations into a Migratory Bird Recovery Fund, and use funds for affected species and birds of conservation concern. The bill authorizes 10 million dollars per fiscal year, requires five-year reports to House Natural Resources and Senate Environment and Public Works leaders, and establishes a research program with research institutions, universities, wildlife conservation groups, and regulated activity representatives to monitor bird populations, identify stressors, reduce impacts, and validate mitigation.

Who Benefits and How

Migratory bird populations benefit because unauthorized incidental take becomes enforceable and permit fees support conservation. Wildlife conservation groups benefit from a stronger legal standard, recovery fund, and research program. Research institutions and universities benefit from consultation and possible agreements to monitor bird populations and test mitigation. U.S. Fish and Wildlife Service staff benefit from explicit regulatory authority and fee-supported permit administration.

Who Bears the Burden and How

Energy developers, construction contractors, and other regulated activity operators must obtain permits or comply with general regulations to avoid incidental take liability. Industry permit applicants may pay fees and implement mitigation measures for affected bird species. Interior enforcement staff must issue regulations, administer penalties, manage hearings, and pursue injunctions when needed. Federal appropriators bear the 10 million dollar annual authorization.

Key Provisions

• Prohibits unauthorized incidental take of migratory birds, parts, nests, and eggs.
• Requires Interior and Fish and Wildlife Service regulations, including general permits, for incidental take.
• Authorizes civil penalties up to 10,000 dollars per violation and injunctive relief.
• Creates the Migratory Bird Recovery Fund for fees, penalties, appropriations, donations, administration, and conservation.
• Authorizes 10 million dollars per year, five-year reports, and a research program on bird populations, stressors, and mitigation.