HB 3189, the Albatross and Petrel Conservation Act of 2025, implements the Agreement on the Conservation of Albatrosses and Petrels by authorizing range-wide reestablishment, invasive species management, habitat protection, and regulation of human activities that affect these birds. The bill also creates a permit and exemptions framework for take under limited, clearly defined circumstances, and establishes penalties and enforcement aligned with existing federal statutes.
It further builds an international cooperation and reporting structure to support the Agreement’s implementation and accountability within US jurisdiction.
At a Glance
What It Does
The act authorizes federal agencies to carry out conservation measures for covered albatrosses and petrels, including reestablishment within the range, invasive species control, habitat protection, and regulation of human activities. It also creates a permit system for limited take and sets up an enforcement framework.
Who It Affects
Federal agencies (Interior and Commerce), Regional Fishery Management Councils, US fishers and fisheries managers, seabird researchers, and international partners implementing the Agreement.
Why It Matters
It aligns US practice with an international seabird treaty, provides a structured approach to habitat and population recovery, and introduces measurable mechanisms for monitoring and enforcement that affect fisheries and coastal communities.
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What This Bill Actually Does
The bill is organized to translate international seabird protections into US law. It defines key terms such as covered albatrosses and petrels, range, and favorable conservation status, grounding its actions in the Agreement on the Conservation of Albatrosses and Petrels (ACAP).
Title I authorizes the Secretary, with the Secretary of Commerce when appropriate, to undertake conservation actions within the United States’ range. These actions include reestablishing populations that have declined, managing invasive nonnative species that threaten habitat, and protecting or restoring breeding sites.
The aim is to secure and improve the birds’ favorable conservation status using multiple authorities and interagency collaboration.
The Five Things You Need to Know
The Act authorizes reestablishment of covered albatrosses and petrels within the United States’ range.
It requires management of invasive or nonnative species to prevent adverse effects on these birds.
Habitat conservation and restoration can be pursued using authorities from several existing wildlife and land-management laws.
A regulatory framework permits take only under defined conditions (for propagation, scientific, indigenous, or exceptional circumstances).
Enforcement powers and penalties are aligned with the Magnuson-Stevens Act and the Migratory Bird Treaty Act to ensure compliance.
Section-by-Section Breakdown
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Reestablishment of species
The Secretary, in consultation with the Secretary of Commerce, may carry out activities to reestablish covered albatrosses and petrels within their range using the best available science. This creates a deliberate tool for population recovery and aligns US action with international conservation objectives.
Management of nonnative species
The Secretary and the Secretary of Commerce may jointly prevent introduction, eradication, or control invasive species that threaten the covered birds. Activities include developing management plans, rapid response capabilities, regional assessments, and outreach to reduce concurrent threats.
Habitat conservation and restoration
The bill authorizes use of other authorities (Migratory Bird Conservation Act, Fish and Wildlife Coordination Act, etc.) to protect and restore breeding habitat and related ecological conditions essential to the birds’ life cycles, in collaboration with the Commerce Department.
Management of human activities
Measures to prevent or minimize take and disturbance are authorized, including regulations applicable on U.S. lands and waters and for nationals abroad. The bill requires coordination with the Coast Guard to ensure a unified, cross-jurisdictional response.
Education and public awareness
The act supports education and information sharing about the birds’ status, threats, and protection measures. Training programs and resource materials are designed for scientists, managers, and decisionmakers to implement conservation efforts effectively.
Prohibited acts
The act makes it illegal to take or otherwise interfere with covered birds except under a permit or exemption, while prohibitions also reference applicable migratory bird protections and enforcement regimes.
Authorization of take
The Secretary, with the Secretary of Commerce, may authorize take by permit or regulation under specific, limited circumstances—propagation, scientific or educational purposes, indigenous practices, assistance or salvage, or other exceptional cases—subject to area and duration limits and protection of favorable conservation status.
Exemption
Certain activities are exempt from the act, including military activities and sovereign-immunity vessels or aircraft. Guidance may be issued to minimize take in military operations, and emergency responses are exempt from liability.
Enforcement
Enforcement responsibilities rest with the relevant federal agencies, with authorities to deploy Coast Guard resources and cooperate with state entities as needed. Penalties for violations align with the Magnuson-Stevens Act and the Migratory Bird Treaty Act to ensure enforceability and consistency.
Agreement authority and reporting
The act designates US authorities to implement the ACAP framework, monitor impacts on the species, and report to Congress on status and actions. It also establishes a point of contact for international communication and coordination.
International cooperation
The bill authorizes cooperation with other nations to exchange data, share management approaches, and implement education and training programs. It also provides for technical and financial support to assist international partners and the Secretariat.
Bycatch provisions
The act updates protections for protected living marine resources, clarifying how bycatch of covered birds should be addressed within fisheries management and cross-referencing related conservation statutes.
Regulatory authority and effective date
Regulations to implement the Agreement and this Act may be issued by the relevant Secretaries with interagency consultation. The act takes effect 180 days after enactment.
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Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- The United States Fish and Wildlife Service and National Marine Fisheries Service, which will lead and coordinate implementation of the Agreement within their jurisdictions.
- Regional Fishery Management Councils and United States fisheries, which will adopt bycatch reduction and habitat measures under the Act.
- Seabird conservation organizations and researchers who will access monitoring data and participate in training and information-sharing programs.
- Range states and international partners that benefit from a formal US commitment to ACAP implementation.
Who Bears the Cost
- Fisheries and fishing communities may incur costs to adopt bycatch mitigation technologies and reporting requirements.
- Enforcement and regulatory compliance may require additional agency funding and staffing.
- State and local agencies may incur coordination costs to align with federal measures.
- Industry groups that resist certain restrictions may experience transitional costs during implementation.
Key Issues
The Core Tension
Balancing aggressive seabird conservation with the practical realities of fishing communities and cross-border enforcement—where strict protections may impose costs on industry and require sustained funding and interagency coordination to avoid undermining conservation goals.
The bill creates a comprehensive framework that integrates multiple federal authorities and international obligations. The integration can be complex in practice, requiring interagency cooperation, funding, and alignment with existing wildlife, fisheries, and foreign affairs regimes.
Potential tensions include the pace of reestablishment activities, the capacity of fisheries to absorb bycatch reduction measures, and the political dynamics of international conservation commitments. Questions remain about data-sharing protocols, how to resolve conflicts between federal and state jurisdictions, and the sufficiency of funding to sustain long-term habitat and population goals.
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