H.R. 3188: Migratory Bird Protection Act of 2025

The Migratory Bird Protection Act of 2025 proposes several amendments to the existing Migratory Bird Treaty Act to enhance protections for migratory birds in the United States. Here’s a summary of the main provisions of the bill:

1. Amendments to the Existing Act

The bill aims to clarify that the prohibition on the unauthorized taking or killing of migratory birds includes incidental takes—those that happen unintentionally as a consequence of lawful activities. These amendments would also adjust references within the Act to ensure consistency as part of this clarification.

2. Civil Penalties for Incidental Take

It introduces civil penalties for individuals or entities that incidentally take migratory birds without proper authorization. Key points include:

• Individuals or entities could face fines of up to $10,000 for each violation of the prohibition on incidental takes.
• The Secretary of the Interior can initiate civil actions to seek relief for unauthorized taking of migratory birds.

3. Authorization for Incidental Take

The bill empowers the Secretary of the Interior to authorize incidental takes of migratory birds through regulations. This includes provisions for:

• Issuing general permits for certain activities that may incidentally affect migratory birds.
• Continuing enforcement of existing guidelines, particularly one titled "Director’s Order No.: 225" from 2021.

4. Fee Structure

The Secretary can establish a fee structure for the authorization and administration of incidental take permits. The revenue generated through these fees will be allocated toward:

• Administrative costs for the permit program.
• Conservation efforts for affected bird populations or those identified as species of concern.

5. Creation of the Migratory Bird Recovery Fund

A new fund named the Migratory Bird Recovery Fund will be established to manage fees collected from incidental take authorizations. This fund will facilitate:

• Support for conservation programs and activities concerning migratory birds.
• Receiving additional appropriations and donations to bolster conservation efforts.

6. Financial Appropriations

The bill authorizes the allocation of $10 million annually to implement the provisions related to incidental takes and conservation efforts for migratory birds.

7. Reporting Requirements

The Secretary is required to report to Congress every five years on:

• The conservation status of migratory birds.
• The impact of authorized activities on migratory birds.
• Progress in implementing the responsibilities set forth by this Act.

8. Research Initiatives

The Secretary is directed to establish a research program aimed at:

• Monitoring bird populations more effectively.
• Understanding stressors affecting these populations.
• Identifying mitigation opportunities and implementing strategies to reduce negative impacts on migratory birds.

9. Definitions and Clarifications

The bill provides specific definitions for terms such as "institution of higher education" and clarifies that the term "Secretary" refers to the Secretary of the Interior, who oversees the implementation of these provisions through the U.S. Fish and Wildlife Service.

Relevant Companies

• CAT - Caterpillar Inc. may be affected as the bill could impose additional regulations on construction projects that may inadvertently threaten migratory birds, potentially increasing operational costs or requiring permits.
• DUK - Duke Energy Corporation might face challenges concerning their energy projects if they require permits for incidental takes that affect migratory birds, leading to possible delays or added costs.