H.R.3188 - Migratory Bird Protection Act of 2025 (119th Congress)
Summary
H.R.3188, the Migratory Bird Protection Act of 2025, aims to amend the Migratory Bird Treaty Act (MBTA) to clarify and address the issue of incidental take of migratory birds. The bill affirms that the MBTA's prohibition on unauthorized take includes incidental take, but it also directs the U.S. Fish and Wildlife Service (USFWS) to authorize such incidental take through regulations and permits. The bill also establishes a Migratory Bird Recovery Fund to support conservation efforts.
Expected Effects
The bill would likely lead to a more structured and regulated approach to incidental take of migratory birds. Industries would need to obtain permits for activities that could potentially harm these birds, and the USFWS would have the authority to collect fees and issue penalties for non-compliance. This could create both economic impacts on industries and environmental benefits for bird conservation.
Potential Benefits
- Clearer Regulatory Framework: Provides a defined process for authorizing incidental take, reducing uncertainty for businesses.
- Funding for Conservation: Establishes the Migratory Bird Recovery Fund to support bird conservation efforts.
- Research and Monitoring: Mandates a research program to better understand and mitigate stressors on bird populations.
- Flexibility for the Secretary: Allows the Secretary of the Interior to issue general permits and tailor regulations to specific industries.
- Civil Penalties: Allows for civil penalties instead of criminal penalties for incidental take, except in cases of recklessness or gross negligence.
Most Benefited Areas:
Potential Disadvantages
- Increased Costs for Businesses: Industries may face increased costs associated with obtaining permits and complying with regulations.
- Potential for Regulatory Capture: Concerns that the permitting process could be influenced by industry interests.
- Enforcement Challenges: Ensuring compliance with the regulations across various industries could be challenging for the USFWS.
- Potential for Habitat Degradation: Authorized incidental take could still contribute to habitat degradation and population decline.
- Administrative Burden: The USFWS may face a significant administrative burden in implementing and managing the permit program.
Constitutional Alignment
The bill appears to align with Congress's power to regulate interstate commerce (Article I, Section 8), as migratory birds often cross state lines. The establishment of the Migratory Bird Recovery Fund and authorization of appropriations fall under Congress's spending power (Article I, Section 8). The bill also includes provisions for due process (5th Amendment) by requiring notice and opportunity for a hearing before penalties are assessed. The delegation of authority to the Secretary of the Interior is a common practice and generally permissible as long as Congress provides sufficient guidance.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).