PolicyBrief
H.R. 3189
119th CongressMay 5th 2025
Albatross and Petrel Conservation Act of 2025
IN COMMITTEE

This bill implements the Agreement on the Conservation of Albatrosses and Petrels by authorizing conservation measures, prohibiting harmful acts, establishing penalties, and promoting international cooperation to protect these vulnerable bird species.

Jared Huffman
D

Jared Huffman

Representative

CA-2

LEGISLATION

Albatross & Petrel Conservation Act of 2025: New Seabird Protections, Fishery Rules Effective 180 Days After Signing

The Albatross and Petrel Conservation Act of 2025 aims to put the U.S. officially behind the international Agreement on the Conservation of Albatrosses and Petrels. In plain English, this bill sets up a framework to protect these specific seabirds, making it illegal to harm them without special permission and rolling out various conservation programs. Key measures include habitat restoration, efforts to reduce accidental capture in fisheries, and managing non-native species that threaten the birds. The whole thing kicks into gear 180 days after it becomes law, as outlined in Section 703.

Wings Over Water: Stronger Safeguards for Seabirds

This Act draws a clearer line in the sand when it comes to disturbing these long-ranging seabirds. Section 201 makes it unlawful to "take" any covered albatross or petrel. "Take," as defined in Section 2, isn't just about hunting; it means to "harmfully interfere with, harass, pursue, hunt, shoot, wound, kill, trap, capture, destroy, possess, or collect." Even actions that significantly alter their natural behaviors like breeding or feeding, termed "disturbance," fall under this. So, for instance, repeatedly flying a drone too close to a nesting colony, causing adult birds to abandon their eggs, could become a violation. Beyond just saying "don't harm them," Title I of the Act empowers the Secretary of the Interior and the Secretary of Commerce to actively help these birds. This includes reestablishing populations (Section 101), managing or eradicating invasive species like predators on nesting islands (Section 102), and conserving or restoring crucial breeding sites and marine habitats (Section 103). Think of it as both a shield and a helping hand for these species.

Fishing Lines and Fine Print: Navigating New Bycatch Rules

For the fishing industry, a big piece of this legislation is Section 104(c), which focuses on minimizing "bycatch" – that's when albatrosses and petrels are unintentionally caught during fishing operations. The Secretary of Commerce, in cahoots with Regional Fishery Management Councils (the same ones established under the Magnuson-Stevens Act), is tasked with developing measures to reduce this. This could mean mandating specific fishing gear, like bird-scaring lines that flap above the water to deter birds from baited hooks, or requiring changes to how and when fishing occurs. The Act also calls for assessing interactions with fishing gear and beefing up data collection, potentially through expanded observer programs. Furthermore, Section 601 amends the High Seas Driftnet Fishing Moratorium Protection Act by adding albatrosses and petrels to the definition of "protected living marine resources," potentially impacting how the U.S. views fishing practices by other nations.

Getting a Pass: Permits, Exemptions, and Who Decides

While the default is "do not harm," the Act does set up a permit system under Section 202. You could get authorization to deliberately "take" these birds for specific reasons: scientific research, educational purposes, or to accommodate the "traditional needs and practices of indigenous people." Permits can also be issued for incidental take during otherwise lawful activities. However, a point to watch is the provision allowing permits for "other exceptional circumstances determined by the Secretary." That's a bit open-ended and will depend heavily on how regulations define it. There are also exemptions (Section 203). Military activities are exempt from violations, though the Department of Defense is supposed to get guidance on minimizing harm. The Coast Guard is also exempt during emergency response or search and rescue. And if you find a bird hooked or entangled, you can help it if you're careful, release it quickly, and report it – that won't count as a violation.

Making it Official: Enforcement, Oversight, and Global Reach

So, who makes sure all this happens? Section 301 puts the Secretaries of Interior, Commerce, and the department where the Coast Guard sits in charge of enforcement. Penalties for violations will follow the rules already set by the Magnuson-Stevens Act or the Migratory Bird Treaty Act, depending on who has jurisdiction. To manage the U.S. side of the international agreement, Section 401 establishes a joint U.S. Authority, pulling staff from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. The Act also emphasizes international cooperation (Title V) to protect these birds across their vast ranges and requires regular reports to Congress on their status (Section 402). Remember, all these changes officially start 180 days after the Act is enacted (Section 703), giving agencies and affected parties some lead time to prepare for the new rules of the sky and sea.