Albatross and Petrel Conservation Act of 2025

Bill Number: H.R. 3189
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Animals
Status: Introduced
Latest Action: 2025-05-05: Referred to the Committee on Natural Resources, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Last Updated: 2025-12-10T00:26:13Z

AI-Generated Summary

Purpose

The Albatross and Petrel Conservation Act of 2025 (H.R. 3189) aims to implement the Agreement on the Conservation of Albatrosses and Petrels (ACAP), an international treaty signed in 2001 to protect albatrosses and petrels—seabirds listed in ACAP's Annex I. The act establishes domestic legal mechanisms to conserve these species, prevent their decline, and maintain their "favorable conservation status" (a stable or improving population level allowing long-term survival). It focuses on threats like habitat loss, invasive species, human activities, and bycatch in fishing.

Key Provisions

The act is structured into seven titles, outlining conservation, prohibitions, enforcement, and international roles:

Title I: Conservation Measures
Authorizes the Secretary of the Interior (managing wildlife on land) and Secretary of Commerce (managing marine resources) to reestablish species, control invasive nonnative species (e.g., through eradication plans and research), restore habitats (using existing laws like the Migratory Bird Conservation Act), manage human impacts (e.g., reducing pollution, marine debris, and disturbances), and promote education and awareness (e.g., training for fisheries and public outreach).

Title II: Prohibited Acts, Permits, and Exemptions
Makes it unlawful to "take" (harm, harass, hunt, kill, or possess) covered albatrosses or petrels, or disturb their behaviors (e.g., breeding or feeding), except under permits for scientific, educational, indigenous, or salvage purposes.
Permits must limit impacts and not harm conservation status; exceptions include incidental military or Coast Guard activities, emergency rescues from fishing gear, and bycatch in compliant fisheries.
Applies to U.S. lands/waters and U.S. vessels/nationals abroad.

Title III: Penalties and Enforcement
Enforcement by Interior, Commerce, and Coast Guard departments, with powers borrowed from the Magnuson-Stevens Fishery Conservation and Management Act (for fisheries) and Migratory Bird Treaty Act (for wildlife).
Penalties mirror those acts: civil fines up to $10,000–$100,000 per violation, criminal fines/jail for knowing violations, and vessel forfeiture.

Title IV: Agreement Authority
Designates U.S. Fish and Wildlife Service and National Marine Fisheries Service as the U.S. authority for ACAP implementation.
Requires biennial reports to Congress on species status and conservation actions, plus reports to ACAP's Advisory Committee.

Title V: International Cooperation and Assistance
Promotes data sharing, training, and agreements with other ACAP parties (countries or organizations that ratified the treaty) to address transboundary threats.

Title VI: Bycatch and Equivalent Conservation
Amends the High Seas Driftnet Fishing Moratorium Protection Act to include albatrosses and petrels as "protected living marine resources," enhancing international bycatch protections alongside laws like the Endangered Species Act.

Title VII: Miscellaneous Provisions
Grants regulatory authority (with inter-agency consultation), ensures no override of existing laws, requires coordination between agencies, and sets an effective date 180 days after enactment.

Significant Changes to Existing Law

Integrates ACAP protections into U.S. law without repealing prior statutes, but explicitly applies Migratory Bird Treaty Act prohibitions to these non-migratory seabirds (expanding coverage beyond North American treaties).
Adds albatrosses and petrels to the definition of protected species in the High Seas Driftnet Fishing Moratorium Protection Act, strengthening global fisheries regulations against bycatch (unintended capture in fishing gear).
Introduces new permit and exemption frameworks tailored to ACAP, including for U.S. activities abroad, which extends U.S. jurisdiction beyond domestic waters.

Potential Impacts

Government Agencies: Increases coordination and workload for the Departments of Interior (U.S. Fish and Wildlife Service), Commerce (NOAA Fisheries), Homeland Security (Coast Guard), and others; requires new regulations, monitoring, and reporting, potentially straining budgets but leveraging existing authorities.
Citizens and Industries: Fishermen must adopt bycatch mitigation (e.g., gear modifications, observers), with possible economic costs but benefits from sustainable fisheries; indigenous communities gain permit access for traditional practices; general public may see enhanced seabird protections in coastal areas, reducing disturbances from recreation or pollution.
International Relations: Bolsters U.S. standing in ACAP (with 14 parties as of introduction), facilitating cooperation on shared migratory species; could influence trade/diplomatic ties through data sharing and assistance to other nations, promoting global biodiversity goals without new treaty obligations.

Main Stakeholders Affected

Government Entities: U.S. Fish and Wildlife Service, National Marine Fisheries Service, Regional Fishery Management Councils, Coast Guard, Department of Defense (for military exemptions), and National Science Foundation (for Antarctic consultations).
Industries and Users: Commercial fisheries (impacted by bycatch rules), shipping/tourism operators (disturbance regulations), and indigenous groups (traditional use permits).
Conservation and Scientific Communities: Seabird researchers, environmental NGOs, and ACAP Secretariat benefit from funding, data access, and reestablishment efforts.
International Parties: Other ACAP signatories (e.g., Australia, South Africa) and range states (countries where birds breed or migrate) gain from U.S. cooperation.
General Public: Coastal residents and birdwatchers affected by habitat protections and awareness programs.

Notable Legal, Constitutional, or Political Implications

Legal: Aligns U.S. domestic law with an international treaty, fulfilling constitutional treaty obligations (Article II, Section 2) without creating new constitutional issues; emphasizes enforcement abroad via U.S. nationals/vessels, raising potential extraterritoriality challenges but grounded in existing maritime laws.
Constitutional: No direct conflicts, as it builds on Congress's commerce and treaty powers (Article I, Section 8); exemptions for military preserve national security priorities.
Political: Demonstrates bipartisan support (introduced by Democrats and Republicans) for wildlife conservation amid global biodiversity loss; could face debate over fishery regulations' economic impacts but avoids overriding state laws, promoting federal-state coordination. Neutral implementation focuses on science-based measures, minimizing partisan divides.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Huffman, Jared [D-CA-2]

Cosponsors (2)

Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Case, Ed [D-HI-1]

Recent Actions

2025-05-05: Referred to the Committee on Natural Resources, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-05-05: Referred to the Committee on Natural Resources, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-05-05: Introduced in House
2025-05-05: Introduced in House

Bill Versions

Albatross and Petrel Conservation Act of 2025 — issued 2025-05-05 — PDF (31 pages)