This bill clarifies that the Migratory Bird Treaty Act prohibits both intentional and accidental killing of migratory birds, and establishes a new permit system allowing the Fish and Wildlife Service to authorize certain types of incidental bird deaths from industrial and other activities. Companies and organizations that accidentally kill migratory birds without a permit could face civil penalties up to $10,000 per violation, though violations caused by reckless or grossly negligent conduct face stricter penalties. The bill creates a new Migratory Bird Recovery Fund financed through permit fees, donations, and appropriations, with $10 million authorized annually to administer the program and fund bird conservation research. The Fish and Wildlife Service must report to Congress every five years on the conservation status of migratory birds and the impacts of authorized activities, and must establish a research program to monitor bird populations and develop ways to reduce harm from permitted activities. The law applies to various industries whose operations may incidentally affect bird populations, and companies must receive notice and an opportunity for a hearing before penalties are imposed.
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