1. Short title This Act may be cited as the Migratory Bird Protection Act of 2020 . 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: 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 section. (b) General permits The Secretary shall regulate the incidental take of migratory birds as a result of commercial activity by issuing general permits for particular industries, as identified by standard industrial classification, 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 implemented by a person seeking coverage under a general permit, including adoption of best management practices or technologies that the Secretary has determined 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 compensate, through habitat restoration or other appropriate measures, for any incidental take of migratory birds that results from such commercial activity