Migratory Bird Treaty Migratory Bird Treaty Act Act Bald & Golden Eagle Bald & Golden Eagle Protection Act Protection Act PERMITS Migratory Bird Conservation: A Trust Responsibility NCTC February 11 – 15, 2013 Susan Lawrence Susan Lawrence & & Eliza Savage Eliza Savage Office of Migratory Bird Management Office of Migratory Bird Management U. S. Fish and Wildlife Service U. S. Fish and Wildlife Service
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Migratory Bird Treaty Act Bald & Golden Eagle Protection Act Migratory Bird Treaty Act Bald & Golden Eagle Protection Act PERMITS Migratory Bird Conservation:
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Migratory Bird Treaty Act Migratory Bird Treaty Act Bald & Golden Eagle Protection ActBald & Golden Eagle Protection Act
PERMITS
Migratory Bird Conservation: A Trust Responsibility
NCTC February 11 – 15, 2013Susan LawrenceSusan Lawrence
& & Eliza SavageEliza Savage
Office of Migratory Bird ManagementOffice of Migratory Bird ManagementU. S. Fish and Wildlife ServiceU. S. Fish and Wildlife Service
MissionMission OrganizationOrganization ProhibitionsProhibitions Policy & RegulationsPolicy & Regulations Permit Exceptions Permit Exceptions Migratory Bird PermitsMigratory Bird Permits Looking to the FutureLooking to the Future
Mission of the Migratory Bird Permit Mission of the Migratory Bird Permit ProgramProgram
The mission of the Migratory Bird Permit Program is The mission of the Migratory Bird Permit Program is to promote the long-term conservation of migratory to promote the long-term conservation of migratory bird populations while providing opportunities for bird populations while providing opportunities for the public to study, use, and enjoy migratory birds the public to study, use, and enjoy migratory birds consistent with the provisions of the Migratory Bird consistent with the provisions of the Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act.Treaty Act and Bald and Golden Eagle Protection Act.
• Conservation of Migratory Bird Species
• National Consistency in Administration
• Minimize Regulatory Burden on Staff and Public
Migratory Bird Permit Program Goals
Anchorage, AK
Denver, CO
Bloomington, MN
Albuquerque, NM
Portland, OR
Atlanta, GA
Hadley, MA
Sacramento, CA
Roles & Responsibilities
Washington OfficeWashington Office• Policy Policy • RegulationsRegulations
… of any migratory bird, or the parts, nests, or eggs of such bird except as may be permitted under the terms of a valid permit issued pursuant to this part [21]. . .or as permitted by regulations in this part [21] or part 20…” (50 CFR 21.11)
“Take” : Pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt any of these. (50 CFR 10.12)
Director’s Order 69 – Service Eagle Distribution PolicyDirector’s Order 69 – Service Eagle Distribution Policy Fish & Wildlife Service Manual (Parts 720 – 729)Fish & Wildlife Service Manual (Parts 720 – 729)
– 724 FW 2 – Migratory Bird Permits724 FW 2 – Migratory Bird Permits– 724 FW 6 – Depredating Birds at Fish Culture Facilities724 FW 6 – Depredating Birds at Fish Culture Facilities
• Nest Destruction• Educational Use Permits for Falconry Education Programs• Use of Pole Traps for Capturing Depredating Raptors• Abatement Activities Using Raptors
Destruction of a nest alone (without birds or eggs) is not Destruction of a nest alone (without birds or eggs) is not prohibited by MBTA, prohibited by MBTA, provided no possession occurs. no possession occurs.
Does Does notnot apply to Eagles or T&E species apply to Eagles or T&E species
See Nest Destruction memo: See Nest Destruction memo: http://www.fws.gov/migratorybirds/RegulationsPolicies/ http://www.fws.gov/migratorybirds/RegulationsPolicies/ Policies.htmlPolicies.html
Infectious diseaseInfectious disease– State, federal, municipal, local health agencies may collect sick or dead birds State, federal, municipal, local health agencies may collect sick or dead birds
for disease analysisfor disease analysis
AZA zoos, public museumsAZA zoos, public museums – Can possess & sell birds among themselves (Can possess & sell birds among themselves (notnot collect) collect)
VeterinariansVeterinarians – – may stabilize or may stabilize or
Birds in BuildingsBirds in Buildings – Anyone may humanely remove a birdAnyone may humanely remove a bird
from the interior of a building or structure from the interior of a building or structure
Good Samaritan Good Samaritan -- Anyone may take a -- Anyone may take a
sick/injured/orphaned bird to a permitted rehabilitator (21.31)sick/injured/orphaned bird to a permitted rehabilitator (21.31)
Military readiness activityMilitary readiness activity: All training & operations of : All training & operations of the Armed Forces that relate to combat, & the the Armed Forces that relate to combat, & the adequate & realistic testing of military equipment, adequate & realistic testing of military equipment, vehicles, weapons, & sensors for proper operation vehicles, weapons, & sensors for proper operation & suitability for combat use. (21.3)& suitability for combat use. (21.3)
(1) Take authorization and monitoring. …the Armed Forces may take migratory birds incidental to military readiness activities provided that, for those ongoing or proposed activities that the Armed Forces determine may result in a significant adverse effect on a population of a migratory bird species, the Armed Forces must confer and cooperate with the Service to develop and implement appropriate conservation measures to minimize or mitigate such significant adverse effects.
Depredation & Control OrdersDepredation & Control Orders50 CFR 21.43-6150 CFR 21.43-61
Double-crested cormorants at freshwater aquaculture Double-crested cormorants at freshwater aquaculture facilities & to protect public resourcesfacilities & to protect public resources
Resident Canada geese at airports & military airfields, Resident Canada geese at airports & military airfields, nests/eggs, at agricultural facilities, & for public healthnests/eggs, at agricultural facilities, & for public health
Certain blackbirds, cowbirds, grackles, crows, magpiesCertain blackbirds, cowbirds, grackles, crows, magpies Muscovy duck outside of natural range (TX)Muscovy duck outside of natural range (TX) Scrub & Stellar’s jays-WA & ORScrub & Stellar’s jays-WA & OR Depredating birds in CADepredating birds in CA Purple gallinules in LAPurple gallinules in LA Purple swamphenPurple swamphen
Types of Migratory Bird PermitsTypes of Migratory Bird Permits
Scientific CollectingScientific Collecting Depredation Depredation Conservation EducationConservation Education RehabilitationRehabilitation Special PurposeSpecial Purpose FalconryFalconry Special CanadaSpecial Canada
goose (State)goose (State)
TaxidermyTaxidermy Import/ExportImport/Export Raptor PropagationRaptor Propagation Abatement Using RaptorsAbatement Using Raptors Waterfowl Sale & DisposalWaterfowl Sale & Disposal Game Bird PropagationGame Bird Propagation
Required to collect or possess migratory Required to collect or possess migratory birds, their parts, nests, or eggs for birds, their parts, nests, or eggs for scientific purposesscientific purposes
Application requires a research proposalApplication requires a research proposal Permits are species- & quantity-specific Permits are species- & quantity-specific Tenure – up to 3 yearsTenure – up to 3 years
Administered by U.S. Geological Survey, Bird Banding Administered by U.S. Geological Survey, Bird Banding Laboratory, Laboratory, not FWS not FWS (http://www.pwrc.usgs.gov/BBL)(http://www.pwrc.usgs.gov/BBL)
Required for banding/marking purposes, Required for banding/marking purposes, for use of official bands issued by the for use of official bands issued by the BBL, or to apply auxiliary markers to BBL, or to apply auxiliary markers to migratory birds. migratory birds.
Authorizes salvage.Authorizes salvage. May include blood & tissue sampling of banded birds.May include blood & tissue sampling of banded birds. Scientific collecting permit required for activities not Scientific collecting permit required for activities not
covered by a banding permit.covered by a banding permit.
Required to capture or kill migratory birds for Required to capture or kill migratory birds for depredation controldepredation control
Protect personal property or allow resolution of Protect personal property or allow resolution of other injury to people or propertyother injury to people or property Protect human health & safety (airports/air fields)Protect human health & safety (airports/air fields)
Application requires recommendation from Application requires recommendation from USDA/APHIS/Wildlife Service USDA/APHIS/Wildlife Service (Form 37 Permit Review)(Form 37 Permit Review)
Nonlethal techniques must be used in conjunction Nonlethal techniques must be used in conjunction with lethal takewith lethal take
Tenure – 1 yearTenure – 1 year Active permits Active permits 2,600+2,600+
Federal falconry permits will be eliminated by January 2014. Federal falconry permits will be eliminated by January 2014. Only State permit will be required.Only State permit will be required.
32 States certified under new regulations. 17 to go. 32 States certified under new regulations. 17 to go. Wild goshawks, peregrines, gyrfalcons,Wild goshawks, peregrines, gyrfalcons,
& Harris’s hawks must be banded.& Harris’s hawks must be banded. Take of wild raptors must be reported Take of wild raptors must be reported
in 3-186A database administered in 3-186A database administered for the States by Migratory Birds WO for the States by Migratory Birds WO
Historically approx. 4,000 active permitsHistorically approx. 4,000 active permits
Required to transport & temporarily possess sick, Required to transport & temporarily possess sick, injured or orphaned birds for rehabilitation purposes. injured or orphaned birds for rehabilitation purposes.
Does not authorize educational use or display. Does not authorize educational use or display. Eagles / T&E species must be reported immediately.Eagles / T&E species must be reported immediately. Recuperated birds must be released as soon as Recuperated birds must be released as soon as
conditions allow. Raptors may go to falconers.conditions allow. Raptors may go to falconers. Must euthanize birds with certain injuries, e.g., those Must euthanize birds with certain injuries, e.g., those
unable to perch upright or ambulate.unable to perch upright or ambulate. Tenure – 5 yearsTenure – 5 years Active permits 1,400+Active permits 1,400+
“Permits may be issued for special purpose activities related to migratory birds... which are otherwise outside the scope of the standard form permits of this part. A special purpose permit...may be issued to an applicant who submits a written application...and makes a sufficient showing of …
• benefit to the migratory bird resource, • important research reasons, • reasons of human concern for individual birds, or • other compelling justification.”
Special Purpose PermitsSpecial Purpose Permits50 CFR 21.27 50 CFR 21.27
SalvageSalvage – Salvage birds found dead that you had no part – Salvage birds found dead that you had no part in the killing or death thereof. Donate to institution.in the killing or death thereof. Donate to institution.
Conservation Education Conservation Education – Possess live or dead – Possess live or dead – 12 programs per year12 programs per year– Nonreleasable or captive-bred birds Nonreleasable or captive-bred birds
Abatement using Raptors Abatement using Raptors – use trained captive-bred – use trained captive-bred raptors to abate depredation/public hazards (crops, raptors to abate depredation/public hazards (crops, airportsairports
Special Purpose Utility Special Purpose Utility – collect carcasses found on – collect carcasses found on utility property to monitoring mortalityutility property to monitoring mortality
Regional Director’s Special Regional Director’s Special Purpose PermitPurpose Permit
Authorizes:Authorizes:– Salvage & possess for official purposes Salvage & possess for official purposes – Possess dead birds & nonreleasable live birds (not eagles or Possess dead birds & nonreleasable live birds (not eagles or
T&E) for Service-sanctioned conservation education programsT&E) for Service-sanctioned conservation education programs– Relocate when safety of bird is at risk (not eagles or T&E)Relocate when safety of bird is at risk (not eagles or T&E)– Euthanize sick, injured, or orphaned birds.Euthanize sick, injured, or orphaned birds.
Carry copy of permitCarry copy of permit Report dead eagles & T&E species within 48 hoursReport dead eagles & T&E species within 48 hours Annual report of activities involving live birds (e.g., relocation, Annual report of activities involving live birds (e.g., relocation,
2-year 2-year pilot project pilot project to determine whether the Service to determine whether the Service should permit non-Federal entities as repositoriesshould permit non-Federal entities as repositories
Participants: Liberty Wildlife Rehabilitation Foundation Participants: Liberty Wildlife Rehabilitation Foundation & Comanche Nation- (Sia Ethno-Ornithological Initiative) & Comanche Nation- (Sia Ethno-Ornithological Initiative)
Permit authorizes acquisition of feathers, & Permit authorizes acquisition of feathers, & distribution distribution to Members of Federally Recognized Tribesto Members of Federally Recognized Tribes
Most Most RRequested Itemsequested Items All hawks, falcons, kestrels, especially Red-tailed HawkRed-tailed Hawk Anhinga (male has ridged tail feathers that are especially Anhinga (male has ridged tail feathers that are especially
significant)significant) Scissor-tailed FlycatcherScissor-tailed Flycatcher Woodpeckers and colorful songbirdsWoodpeckers and colorful songbirds
Take incidental to an otherwise lawful activity. Take incidental to an otherwise lawful activity. Examples: --- Communications towersExamples: --- Communications towers-- Logging --- Wind turbines-- Logging --- Wind turbines– Farming --- Transmission linesFarming --- Transmission lines– Oil pits ---WindowsOil pits ---Windows
No No expressedexpressed provisions in part 21 for permitting incidental provisions in part 21 for permitting incidental take (except military readiness). take (except military readiness).
Enforcement discretion.Enforcement discretion. Invasive species eradication on islands.Invasive species eradication on islands. Four permits have authorized incidental take. Four permits have authorized incidental take.
• Incidental Take of Migratory Birds
• Changes in inactive nest protection??
• E-permits
• Expand Data Management Capabilities
Looking into the Future
What are the two ways take can be authorized under the MBTA regulations? What are the two ways take can be authorized under the MBTA regulations? Provide 2 examples of each. Provide 2 examples of each.
Incidental take has a greater impact on migratory bird populations than Incidental take has a greater impact on migratory bird populations than intentional take. Considerable new funding will be needed to develop and intentional take. Considerable new funding will be needed to develop and administer regulations to authorize incidental take of migratory birds. How administer regulations to authorize incidental take of migratory birds. How could the Service more efficiently administer permitting either intentional could the Service more efficiently administer permitting either intentional or unintentional take of migratory birds? or unintentional take of migratory birds?