Migratory Bird Protection Act of 2025
The Migratory Bird Protection Act of 2025 would overhaul the enforcement and scope of the Migratory Bird Treaty Act (MBTA). It centralizes enforcement authority in the Interior Department (specifically the U.S. Fish and Wildlife Service) by removing agency references to Agriculture and Interior in the MBTA and directing the Secretary to administer the act. Most notably, the bill creates an explicit framework to authorize incidental take of migratory birds through a new permit system (Section 14), sets civil penalties for unpermitted incidental take (up to $10,000 per violation), and authorizes civil action to enforce penalties and injunctive relief. It also establishes a dedicated funding mechanism (the Migratory Bird Recovery Fund), sets aside funding for a comprehensive research program, requires periodic congressional reporting, and imposes general permit requirements and fees to support conservation and administrative costs. In short, the bill would shift MBTA enforcement toward a formalized incidental-take authorization regime with penalties and a fee-funded program to support monitoring, mitigation, and conservation of migratory birds, funded at about $10 million annually, with periodic reporting to Congress.
Key Points
- 1Centralization of administration: The bill removes references to Agriculture and Interior in the MBTA and designates the Secretary (Interior) and the Fish and Wildlife Service as the primary administrators and enforcers of the act, including the added definition of the Secretary as the Interior Secretary via the FWS Director.
- 2Incidental take authorization: Introduces a new Section 14 that makes incidental take a potential violation unless authorized by the Secretary through regulations and general permits. The Secretary must promulgate regulations to authorize incidental take, including general permits, with a transitional note to continue enforcing Director’s Order No. 225 before new regulations take effect.
- 3Civil penalties and enforcement: Adds Section 6(e) authorizing civil penalties for incidental take without authorization (up to $10,000 per violation) and allows the Secretary to pursue civil actions for appropriate relief, including injunctions. Reckless or grossly negligent conduct remains subject to the standard penalties under Section 6(a).
- 4Fees and funding: Authorizes the Secretary to collect fees for incidental-take authorization and to use those fees to cover administrative costs and conservation efforts. Creates the Migratory Bird Recovery Fund in the Treasury to hold fees, penalties, appropriations, and donations for this purpose; establishes a dedicated $10 million annual appropriation to carry out these provisions.
- 5Research, monitoring, and reporting: Requires the Secretary to establish a research program to monitor bird populations, understand stressors, and develop mitigation measures; mandates a Congress-focused report every five years on the status of migratory birds, impacts of authorized activities, and the Secretary’s progress.
- 6Definitions and conforming amendments: Replaces defined terms to align with Interior-led administration and makes a conforming amendment to the North American Wetlands Conservation Act referencing the MBTA provisions.