New Bird Protection Act Sets $10,000 Fine for Accidental Harm, Creates Permit System for Businesses.

The Migratory Bird Protection Act of 2025 is a major overhaul of how the federal government manages the protection of migratory birds, especially when those birds are accidentally harmed during otherwise legal business activities. Simply put, the bill makes it official policy that if your company’s operations—think construction, energy production, or farming—accidentally kill or injure a protected bird (a practice known as 'incidental take'), you’re breaking the law unless you have a specific permit. It also centralizes all enforcement power under the Secretary of the Interior, removing the Department of Agriculture from the mix.

The $10,000 Question: New Penalties for Accidents

This is where things get real for businesses and individuals. The bill introduces a new civil penalty of up to $10,000 per violation for the unauthorized, accidental harm of a migratory bird. Think about a construction crew that accidentally knocks down a tree with an active bird nest, or a wind farm that causes bird fatalities. If you don't have the proper authorization, that's a potential $10,000 fine, even if the harm was unintentional. However, if the accidental harm was caused by behavior deemed “reckless or grossly negligent,” the penalties jump to the much tougher criminal sanctions already in the existing law. The good news is that if the Secretary decides to fine you, the bill guarantees you the right to a formal hearing to present your side of the story.

The Permit Path: Regulatory Clarity for Industry

For years, industries have been waiting for clear rules on incidental take—how to operate legally without constantly worrying about accidentally breaking a century-old law. This bill finally mandates that the Secretary of the Interior create regulations for issuing “incidental take permits.” These permits would essentially grant permission for a business to operate, even if their activities might predictably result in some bird harm, provided they follow certain conservation requirements. Until those new rules are finalized for a specific industry, the Secretary must continue to enforce the existing temporary guidance (Director's Order No.: 225). This means while the new system is being built, the current rules stay in place, offering a bridge for compliance.

Conservation Fees and the Recovery Fund

To run this new permit program, the Secretary is authorized to charge fees. These aren't just filing fees; they're meant to cover the full administrative costs of the program and fund bird conservation efforts. All money collected from these permit fees, along with any civil penalties collected, will be funneled into a new account called the Migratory Bird Recovery Fund. This fund is dedicated entirely to conserving the birds affected by permitted activities or those identified as being of “conservation concern.” Essentially, the bill creates a system where the industries whose operations impact birds are directly funding the recovery and research efforts needed to protect them. The bill also mandates a $10,000,000 annual appropriation to help kickstart these new responsibilities.

Research and Reporting: What We Don't Know

Recognizing that we need better data, the bill requires the Secretary to establish a research program. This program is mandated to partner with universities, conservation groups, and the affected industries themselves to track bird populations, identify stressors, and test new ways to reduce impacts. Furthermore, Congress wants to be kept in the loop: the Secretary must report back every five years on the overall health of migratory bird populations and how effective this new permitting program is. This five-year check-in is crucial for ensuring the new regulatory framework actually works to protect birds, not just to process paperwork.