For more than a century, the Migratory Bird Treaty Act (MBTA) has provided the foundation for our country’s bird conservation efforts. It has meant not only protecting birds from illegal shooting and poaching, but also from avoidable impacts from industrial activities. These impacts, known as “incidental take,” result in millions of preventable bird deaths every year.
To ensure these protections remain, on May 5th new legislation was introduced in the U.S. House of Representatives to help reinforce bird protections and improve the MBTA, for birds and for people. The Migratory Bird Protection Act, co-sponsored by Rep. Jared Huffman (D-CA) and Rep. Brian Fitzpatrick (R-PA), offers a balanced approach that safeguards vital protections for birds, enhances resources for bird conservation, and makes modern-day updates to the MBTA.
Limiting Threats to Birds and the MBTA
The MBTA’s protections have helped save countless numbers of birds, including by reducing the threats of uncovered oil waste pits, upgrading power lines to reduce collisions and electrocutions, and helping birds recover from major oil spills like Deepwater Horizon and Exxon Valdez. But without clear legislative policy, they could disappear in the future.
These protections were carried out consistently by Republican and Democratic administrations for decades, through a 2017 policy change by the Interior Department, the protections were eliminated, leaving nearly all our birds at greater risk. Following a successful lawsuit by Audubon and partners, and significant public pushback, protections were restored in 2021. But recently, the Interior Department reinstated its 2017 policy.
This back-and-forth policy swing is not just bad for birds, but it is also bad for businesses that rely on a clear and consistent legal environment. Despite efforts during previous administrations to consider reasonable updates to the rules to develop an efficient authorization for “incidental take,” these efforts have not made it to the finish line.
To help secure and stabilize bird protections, Congress needs to act. With the introduction of the Migratory Bird Protection Act, we see much needed path forward to provide a more durable resolution for this issue. The act not only reinforces “incidental take” protections, but also includes the establishment of a new Migratory Bird Recovery Fund and research program, as well as support for an efficient and effective authorization process for incidental take and creates a civil penalty option to improve its implementation.
From Extinctions to Protection
Thanks to visionary bipartisan leaders in the early 20th century, and the passionate support of Audubon members and the public, the MBTA’s passage in 1918 was a milestone for birds and the conservation movement, one that recognized the significant value of birds and the need for nationwide protections.
Only a few years before its passage, the last known Passenger Pigeon died in captivity, after once numbering in the billions, followed by the last Carolina Parakeet the same year of the MBTA’s passage. Without this law, it is possible that many more species would have followed, including the symbol of Audubon and icon of wetlands across the country – the Great Egret – as well as beloved species such as Sandhill Cranes, Wood Ducks, and more.
Thanks to the MBTA, in conjunction with growing conservation efforts, habitat restoration projects, and complementary environmental laws, many birds were brought back from the brink, allowing Americans and people across their migratory flyways to continue to enjoy and benefit from their presence.
Today, 96 million Americans across the country engage in birdwatching, contributing close to $280 billion to the economy every year and supporting 1.4 million jobs.
But threats facing birds continue, and new challenges have emerged, putting birds at risk, along with the significant value they provide. A 2019 report found that North America has lost 3 billion birds since 1970. With a 2025 update confirming that the threat has not abated, now more than a third of our birds are in need urgent conservation action.
Birds have always been a source of hope and inspiration for us, especially in uncertain times. We also know that what’s good for birds, is good for people and our economy. Common-sense policy solutions like the Migratory Bird Protection Act acknowledge that we can work to achieve these outcomes and help us build a country where birds and people can flourish.
About Audubon
The National Audubon Society is a leading nonprofit conservation organization with 120 years of science-based, community-driven impact, dedicated to protecting birds and the places they need, today and tomorrow. Birds are powerful indicators of our planet’s health, acting as sentinels that warn us of environmental change and inspire action. Audubon works across the Western Hemisphere, driven by the understanding that what is good for birds is good for the planet. Through a collaborative, bipartisan approach across habitats, borders, and the political spectrum, Audubon drives meaningful and lasting conservation outcomes. With 800 staff and over 1.9 million supporters, Audubon is a dynamic and ever-growing force committed to ensuring a better planet for both birds and people for generations to come. Learn more at www.audubon.org and on Facebook, Twitter and Instagram @audubonsociety.
Media Contact: Jeff Billington, Jeff.Billington@audubon.org
