HR 3188
Migratory Bird Protection Act of 2025
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Bill overview
This bill amends the Migratory Bird Treaty Act to clarify that unintentional harm (incidental take) to migratory birds is prohibited and to establish a framework for authorizing such take. It directs the U.S. Fish and Wildlife Service to issue regulations and permits for incidental take, along with penalties for violations. The bill also creates a fund to support migratory bird conservation efforts and mandates regular reporting to Congress on the status of bird populations and the effectiveness of conservation measures.
Key provisions
- Defines incidental take of migratory birds as prohibited without authorization.
- Authorizes the Secretary of the Interior to issue permits and regulations for incidental take.
- Establishes civil penalties for unauthorized incidental take, with increased penalties for reckless or negligent actions.
- Creates the Migratory Bird Recovery Fund to support conservation efforts.
- Requires regular reports to Congress on bird population status and conservation efforts.
- Directs the Fish and Wildlife Service to continue enforcing Director’s Order No. 225.
- Allows for the collection of fees to fund the permit program and conservation initiatives.
- Establishes a research program to monitor bird populations and identify mitigation measures.
Who is affected
- Migratory bird species
- Landowners and businesses involved in activities that could impact birds
- U.S. Fish and Wildlife Service
- Congress
- Conservation organizations
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Donald S. Beyer
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119th CONGRESS — 1st Session
H. R. 3188
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Migratory Bird Treaty Act to affirm that the prohibition on the unauthorized take or killing of migratory birds of that Act includes incidental take, and to direct the United States Fish and Wildlife Service to authorize such incidental take, and for other purposes.
This Act may be cited as the Migratory Bird Protection Act of 2025
.
of Agricultureeach place it appears;
by striking of the Interior
each place it appears;
in section 5 (16 U.S.C. 706), as amended by paragraph (1) of this section, by inserting of the Interior
after employee of the Department
;
The Secretary may commence a civil action for appropriate relief, including a permanent or temporary injunction, for any incidental take of a migratory bird without a permit or any violation of the terms and conditions of a permit issued or regulation promulgated pursuant to section 14.
by adding at the end the following:
It shall be a violation of this Act to incidentally take any migratory bird, and any part, nest, or egg of any such bird, except as authorized by the Secretary. The Secretary shall promulgate regulations to authorize the incidental take of migratory birds pursuant to this section, including issuing general permits. Before the Secretary promulgates regulations for an industry, the Secretary shall continue to enforce the document titled Director’s Order No.: 225
(published October 5, 2021). No penalty shall be assessed unless such entity is given notice and opportunity for a hearing on the record in accordance with sections 554 and 556 of title 5, United States Code. In determining the amount of the penalty, the Secretary shall consider the gravity of the violation and the demonstrated good faith of the entity. For good cause shown, the Secretary, in an extraordinary case, may remit or mitigate any such penalty.
affected by the authorized activities; or
identified as birds of conservation concern under authority of section 13 of the Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2912).
There is established in the Treasury a separate account, which shall be known as the Migratory Bird Recovery Fund
. The fund shall be managed by the Secretary and may consist of—
amounts received from fees pursuant to regulations under subsection (b);
amounts received pursuant to section 6(e);
amounts made available from appropriations; and
amounts received by the Secretary in the form of donations.
There is authorized to be appropriated $10,000,000 for each fiscal year beginning after the date of the enactment of this section to carry out this section.
Not later than 5 years after the date of enactment of this section, and at the end of each 5 year period thereafter, the Secretary shall submit a report to the Chair and Ranking Member of the House Natural Resources Committee and to the Chair and Ranking Member of the Senate Environment and Public Works Committee on—
the conservation status of migratory birds;
the impacts upon migratory birds of activities for which authorizing regulations have been issued under this section; and
the Secretary’s progress in carrying out the functions and responsibilities given to the Secretary under this section.
The Secretary shall establish and maintain, through direct programming, contracts, or other form of agreement, and in consultation with research institutions, institutions of higher education, wildlife conservation groups, and representatives of authorized activities regulated under this section, a research program to—
understand the stressors to bird populations;
identify opportunities to reduce the impact of such stressors; and
deploy and validate mitigation measures to conserve bird populations.
For the purposes of this Act:
subsections (a) through (d) ofbefore
section 6 of the Migratory Bird Treaty Act.