Today, Representatives Jared Huffman (D-CA) and Brian Fitzpatrick (R-PA) introduced the Migratory Bird Protection Act (MBPA) and Albatross and Petrel Conservation Act. American Bird Conservancy (ABC) celebrates the introduction of these bills, which reinforce protections for migratory birds and imperiled seabird species, such as the Waved Albatross and Pink-footed Shearwater.

The MBPA renews bipartisan Congressional efforts to strengthen the Migratory Bird Treaty Act (MBTA). The MBPA would help create legal certainty by solidifying the inclusion of incidental take and development of a general permit program for industries with significant bird mortality. This permitting process would advance bird conservation by expanding the use of beneficial practices that avoid, minimize, and compensate for impacts to birds. It would also provide industry increased certainty without substantial administrative burden and establish clear, consistent guidelines for meeting legal obligations under the MBTA.

“Infrastructure designs and technologies already exist that effectively reduce incidental take. Turning off the steady lights on communications towers and covering oil waste pits can help birds tremendously,” said Steve Holmer, Vice President of Policy at ABC. “These could be appropriate criteria for a general permit along with a common-sense process that requires best practices to reduce the number of accidental bird deaths each year.”

The Albatross and Petrel Conservation Act would require implementation and adoption of the Agreement on the Conservation of Albatross and Petrels (ACAP) by the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service. This agreement seeks to protect albatrosses and petrels by coordinating international activities that include conservation measures, research, the exchange of information, and increased public awareness that benefit these birds. This legislation would implement a multilateral agreement that protects 31 species of seabirds from worldwide threats, such as fisheries bycatch.

“Albatrosses and petrels are among the most threatened seabirds in the world and face unprecedented threats as they travel the open ocean and breed on remote islands,” said Annie Chester, Policy Director at ABC. “Threats to these seabirds, such as bycatch, habitat degradation, and marine debris, require international collaboration. ABC commends Representatives Huffman and Fitzpatrick for acting to conserve these incredible species, not just here at home but around the world.”

Please ask your U.S. Representatives and Senators to support the Migratory Bird Protection Act and Albatross and Petrel Conservation Act.

Background: 

The MBTA prohibits the sale, possession, and killing of over a thousand protected species of migratory birds without a permit. In 2017, legal opinion and a subsequent rule eliminated industry responsibility to avoid incidental take. This meant that companies and individuals would not be held accountable for unintentional take, such as an oil spill or bycatch. The rule was rescinded in 2021, with a new rulemaking process launched that year. The MPBA would advance protection of birds by directing USFWS to regulate incidental take. ABC believes this legislative action will complement and move the rulemaking process forward. 

Currently, 13 member nations have formally joined ACAP. The U.S. has observer status, which grants limited ability to participate in meetings. Both the Bush and Obama administrations have supported the U.S. acceding to ACAP. By acceding to the agreement, the U.S. can urge other nations to adopt strong conservation standards to protect endangered seabirds. The passage of this legislation would be a historic step forward and solidify U.S. leadership in addressing bycatch and other marine-related threats.

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American Bird Conservancy is a nonprofit organization dedicated to conserving wild birds and their habitats throughout the Americas. With an emphasis on achieving results and working in partnership, we take on the greatest problems facing birds today, innovating and building on rapid advancements in science to halt extinctions, protect habitats, eliminate threats, and build capacity for bird conservation. Find us on abcbirds.org, Facebook, Instagram, and X/Twitter (@ABCbirds).

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