Executive Order 13186: Responsibilities of Federal Agencies To Protect Migratory Birds

President: Bill Clinton

Required federal agencies to integrate migratory-bird conservation into actions likely to affect bird populations.

Status: In effect.

Is Executive Order 13186 still in effect? Yes. Active federal migratory-bird conservation framework implemented through current agency agreements.

What does Executive Order 13186 do?

EO 13186 directs agencies whose actions may measurably harm migratory birds to enter memoranda of understanding with the Fish and Wildlife Service, avoid or minimize adverse effects, restore habitat and improve monitoring and education. Interior established the Council for the Conservation of Migratory Birds to coordinate implementation, and the Service continues to identify the order as current authority.

Claim-level review October 2, 2026: Current FWS materials and a 2024 interagency MOU continue to cite EO 13186. Those agreements do not waive the Migratory Bird Treaty Act or authorize taking birds.

Administration position: The order adds federal-agency stewardship duties but does not independently create criminal liability or a private cause of action.
SignedJanuary 10, 2001
Lead agencyU.S. Fish and Wildlife Service
Implementation toolAgency memoranda of understanding

Before and after

Before the order

The Migratory Bird Treaty Act governed take, while federal agencies lacked this uniform planning and partnership direction.

After the order

Covered agencies adopted conservation agreements and coordinated through a federal council.

Who had to do what

Agency / officeActionTiming / position
Federal agenciesDevelop MOUs and integrate conservation into programsContinuing
Fish and Wildlife ServiceProvide technical support and coordinate the councilContinuing
Agencies with land or activity impactsMonitor, avoid and minimize harm where practicableContinuing

What happened next

EO 13186 established agency duties.

Signed text, official disposition and the cited later implementation records for EO 13186 rechecked.