Migratory Bird Protection Act of 2021

Migratory Bird Protection Act of 2021

This bill prohibits the incidental taking (e.g., capturing or killing) of migratory birds by commercial activities unless the activity is authorized under a permit or is identified as posing de minimis risk to migratory birds.

The U.S. Fish and Wildlife Service (USFWS) must regulate such incidental taking, including by (1) issuing general permits for certain industries, (2) creating a mitigation fee for any incidental taking of migratory birds, and (3) identifying categories of de minimis risk activities that are exempt from liability for the taking of migratory birds.

In addition, the USFWS must establish and maintain a research program (1) to evaluate the impacts of commercial activities on birds, (2) to evaluate the effectiveness of best management practices and technologies to avoid or minimize such impacts, and (3) to develop new or improved best management practices and technologies.

Bill 117 HR 4833, also known as the Migratory Bird Protection Act of 2021, aims to strengthen protections for migratory birds in the United States. The bill was introduced in the House of Representatives on September 15, 2021, by Representative Alan Lowenthal of California.

The Migratory Bird Protection Act of 2021 seeks to overturn a rule implemented by the Trump administration in 2020 that weakened the Migratory Bird Treaty Act (MBTA). The MBTA, which was enacted in 1918, is a key piece of legislation that protects over 1,000 species of migratory birds in the US.

The Trump administration's rule change eliminated penalties for companies that unintentionally kill migratory birds, such as through oil spills or other industrial activities. The Migratory Bird Protection Act of 2021 aims to reinstate these penalties and hold companies accountable for their actions that harm migratory birds. The bill also includes provisions to promote conservation efforts for migratory birds, such as funding for habitat restoration and research programs. Additionally, the bill calls for increased collaboration between federal agencies, states, and tribal governments to protect migratory bird populations. Overall, the Migratory Bird Protection Act of 2021 is a bipartisan effort to strengthen protections for migratory birds and ensure their continued conservation in the United States. The bill is currently under consideration in the House of Representatives and has garnered support from environmental and conservation groups.