I 
117TH CONGRESS 
1ST SESSION H. R. 4833 
To amend the Migratory Bird Treaty Act to affirm that the Migratory 
Bird Treaty Act’s prohibition on the unauthorized take or killing of 
migratory birds includes incidental take by commercial activities, and 
to direct the United States Fish and Wildlife Service to regulate such 
incidental take, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2021 
Mr. LOWENTHAL (for himself, Mr. FITZPATRICK, Mr. GRIJALVA, Ms. SALA-
ZAR, Mr. SUOZZI, Mr. KILMER, Ms. PINGREE, Mr. CICILLINE, Mrs. 
MCBATH, Mr. ESPAILLAT, Mr. HUFFMAN, Mr. BRENDAN F. BOYLE of 
Pennsylvania, Ms. MCCOLLUM, Ms. DELBENE, Ms. ESHOO, Mr. BLU-
MENAUER, Mr. POCAN, Mr. GALLEGO, Ms. STEVENS, Mrs. CAROLYN B. 
MALONEY of New York, Mr. CASTEN, Ms. DEGETTE, Mr. CONNOLLY, 
Ms. SPEIER, Ms. BLUNT ROCHESTER, Ms. WILD, Ms. SCHAKOWSKY, Mr. 
THOMPSON of California, Ms. SCANLON, Mr. COOPER, Ms. VELA´ZQUEZ, 
Mr. DEFAZIO, Mr. LEVIN of Michigan, Mr. GOTTHEIMER, Mr. TAKANO, 
Mr. QUIGLEY, Ms. JACOBS of California, Mr. COHEN, Mr. HORSFORD, 
Mr. LARSEN of Washington, Ms. HOULAHAN, Mrs. DINGELL, Ms. NOR-
TON, Mr. LIEU, Mr. PAPPAS, Ms. KUSTER, Mr. BEYER, Ms. SLOTKIN, 
Mr. KILDEE, and Ms. STRICKLAND) introduced the following bill; which 
was referred to the Committee on Natural Resources 
A BILL 
To amend the Migratory Bird Treaty Act to affirm that 
the Migratory Bird Treaty Act’s prohibition on the unau-
thorized take or killing of migratory birds includes inci-
dental take by commercial activities, and to direct the 
United States Fish and Wildlife Service to regulate such 
incidental take, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Migratory Bird Protec-
tion Act of 2021’’. 
SEC. 2. AMENDMENTS TO THE MIGRATORY BIRD TREATY 
ACT. 
(a) INCIDENTAL TAKE.—The Migratory Bird Treaty 
Act (16 U.S.C. 703 et seq.) is amended in section 2(a), 
by inserting ‘‘incidentally take,’’ before ‘‘attempt to 
take,’’. 
(b) COMMERCIAL ACTIVITY.— 
(1) The Migratory Bird Treaty Act (16 U.S.C. 
703 et seq.) is amended by inserting after section 13 
the following: 
‘‘SEC. 14. INCIDENTAL TAKE OF MIGRATORY BIRDS. 
‘‘(a) IN GENERAL.—It shall be a violation of this Act 
for any person to incidentally take a migratory bird as 
a result of a commercial activity except as authorized by 
this section and regulations issued pursuant to this sec-
tion. 
‘‘(b) GENERAL PERMITS.—The Secretary shall regu-
late the incidental take of migratory birds as a result of 
commercial activity by issuing general permits for par-
ticular industries, as identified by standard industrial clas-
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sification, that the Secretary determines have broadly 
similar levels of incidental take and for which generally- 
applicable best management practices or technologies exist 
that can effectively avoid or minimize such impacts. With 
respect to each such industry, the Secretary shall, based 
on the best available science— 
‘‘(1) identify the commercial activity covered by 
the regulation; 
‘‘(2) specify appropriate mitigation to be imple-
mented by a person seeking coverage under a gen-
eral permit, including adoption of best management 
practices or technologies that the Secretary has de-
termined are practicable and effective in avoiding or 
minimizing the incidental take of migratory birds as 
a result of such commercial activity; 
‘‘(3) specify a mitigation fee in an amount the 
Secretary determines is sufficient to reasonably com-
pensate, through habitat restoration or other appro-
priate measures, for any incidental take of migratory 
birds that results from such commercial activity; and 
‘‘(4) specify a permit fee in an amount that the 
Secretary determines is sufficient to offset the cost 
of developing and revising such regulations and ad-
ministering the research program established under 
subsection (r). 
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‘‘(c) REVISION OF GENERAL PERMITS.—The Sec-
retary shall revise a general permit issued under sub-
section (b) if such Secretary determines that revision is 
appropriate, or if— 
‘‘(1) the extent or nature of the incidental take 
of migratory birds caused by the commercial activity 
covered by the regulation is significantly different 
than the extent or nature of such incidental take 
that formed the basis of the regulation; 
‘‘(2) new best management practices or tech-
nologies can significantly reduce such incidental take 
and can practicably be adopted by the persons en-
gaged in such commercial activity; or 
‘‘(3) such permit has not been revised in the 10 
year period beginning on the date such permit was 
issued. 
‘‘(d) CONSULTATION.—The Secretary shall, before 
issuing a general permit under subsection (b), consult with 
persons engaged in the industry to which such permit 
would apply and other interested stakeholders and afford 
such persons an opportunity to submit relevant informa-
tion. 
‘‘(e) PRIORITY GENERAL PERMITS.— 
‘‘(1) IN
GENERAL.—The Secretary shall give 
priority to development of general permits with re-
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