Migratory Bird Treaty Act Bald & Golden Eagle Protection Act PERMITS

Migratory Bird Conservation: A Trust ResponsibilityNCTC February 11 15, 2013Susan Lawrence& Eliza Savage

Office of Migratory Bird ManagementU. S. Fish and Wildlife Service

Migratory Bird PermitsOverviewMissionOrganizationProhibitionsPolicy & RegulationsPermit Exceptions Migratory Bird PermitsLooking to the Future

Mission of the Migratory Bird Permit ProgramThe mission of the Migratory Bird Permit Program is to promote the long-term conservation of migratory bird populations while providing opportunities for the public to study, use, and enjoy migratory birds consistent with the provisions of the Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act.

Conservation of Migratory Bird Species

National Consistency in Administration

Minimize Regulatory Burden on Staff and PublicMigratory Bird Permit Program Goals

Atlanta, GAHadley, MASacramento, CARoles & Responsibilities Washington OfficePolicy Regulations

Regional Migratory Bird Permit OfficesIssue PermitsBiological & Legal ReviewTechnical Assistance

Active Permits = 50,456

FY 2012 14,775 Migratory Bird & Eagle Permits Processed

Migratory Bird Permit Program

R1R2R3R4R5R6R7R81,1341,7653,3261,8002,6032,3192671,530

6,19014,42210,0384,3634,7317,2885252,899

Service-wide Permit Issuance & Tracking System (SPITS)

All permits issued in SPITSTracks permit, activity, species, authorized & reported takeData used to monitor take & inform cumulative effects assessments

Prohibitions under the MBTATakePossessImport & ExportTransportSell, purchase, barter or offer for sale, purchase, or barter 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)

Permits 50 CFR 21 (migratory birds)50 CFR 22 (eagles)Regulatory Hunting (50 CFR 20) Permit exceptions (50 CFR 21.12-15)Depredation & Conservation Orders (50 CFR 21.43-61)2 Types of Authorization

Authorizations under the MBTA

Photos courtesy of Meg Laws, USFWSRegulations Implementing MBTAPart 50 of the Code of Federal Regulations (CFR) 50 CFR 10 General Provisions50 CFR 13 General Permit Procedures50 CFR 20 Migratory Bird Hunting50 CFR 21 Migratory Bird Permits50 CFR 22 Bald & Golden Eagles

Permit Policy Implementing MBTAMigratory Bird Permit Memoranda (www.fws.gov/migratorybirds/mbpermits.html)

Directors Order 69 Service Eagle Distribution Policy Fish & Wildlife Service Manual (Parts 720 729)724 FW 1 Authorities, Objectives & Responsibilities for Migratory Bird Permits724 FW 2 Migratory Bird Permits724 FW 6 Depredating Birds at Fish Culture Facilities

Nest DestructionEducational Use Permits for Falconry Education ProgramsUse of Pole Traps for Capturing Depredating RaptorsAbatement Activities Using RaptorsPermit Memorandum Serieshttp://www.fws.gov/migratorybirds/RegulationsPolicies/Policies.html

Destruction of a nest alone (without birds or eggs) is not prohibited by MBTA, provided no possession occurs.Does not apply to Eagles or T&E speciesSee Nest Destruction memo: http://www.fws.gov/migratorybirds/RegulationsPolicies/ Policies.html

Nest Destruction Memo

Permit Exceptions(50 CFR 21.12)Infectious diseaseState, federal, municipal, local health agencies may collect sick or dead birds for disease analysisAZA zoos, public museums Can possess & sell birds among themselves (not collect)Veterinarians may stabilize or euthanize sick/injured birdsBirds in Buildings Anyone may humanely remove a birdfrom the interior of a building or structure Good Samaritan -- Anyone may take a sick/injured/orphaned bird to a permitted rehabilitator (21.31)

Military readiness activity: All training & operations of the Armed Forces that relate to combat, & the adequate & realistic testing of military equipment, vehicles, weapons, & sensors for proper operation & suitability for combat use. (21.3)

Military Readiness Permit Exception50 CFR 21.15(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 Orders50 CFR 21.43-61Double-crested cormorants at freshwater aquaculture facilities & to protect public resourcesResident Canada geese at airports & military airfields, nests/eggs, at agricultural facilities, & for public healthCertain blackbirds, cowbirds, grackles, crows, magpiesMuscovy duck outside of natural range (TX)Scrub & Stellars jays-WA & ORDepredating birds in CAPurple gallinules in LAPurple swamphen

Types of Migratory Bird Permits

Scientific CollectingDepredation Conservation EducationRehabilitationSpecial PurposeFalconrySpecial Canada goose (State)

TaxidermyImport/ExportRaptor PropagationAbatement Using RaptorsWaterfowl Sale & DisposalGame Bird Propagation

Scientific Collecting Permits50 CFR 21.23Required to collect or possess migratory birds, their parts, nests, or eggs for scientific purposesMuseums, universities, agencies, zoos, scientists Application requires a research proposalPermits are species- & quantity-specific Tenure up to 3 years

Active permits 500+

USGS Banding & Marking Permits50 CFR 21.22Administered by U.S. Geological Survey, Bird Banding Laboratory, not FWS (http://www.pwrc.usgs.gov/BBL)Required for banding/marking purposes, for use of official bands issued by the BBL, or to apply auxiliary markers to migratory birds. Authorizes salvage.May include blood & tissue sampling of banded birds.Scientific collecting permit required for activities not covered by a banding permit.

Required to capture or kill migratory birds for depredation controlProtect personal property or allow resolution of other injury to people or propertyProtect human health & safety (airports/air fields)Application requires recommendation from USDA/APHIS/Wildlife Service (Form 37 Permit Review)Nonlethal techniques must be used in conjunction with lethal takeTenure 1 yearActive permits 2,600+

Depredation Permits 50 CFR 21.41

Falconry Permits50 CFR 21.28 Federal falconry permits will be eliminated by January 2014. Only State permit will be required.32 States certified under new regulations. 17 to go. Wild goshawks, peregrines, gyrfalcons,& Harriss hawks must be banded.Take of wild raptors must be reported in 3-186A database administered for the States by Migratory Birds WO

Historically approx. 4,000 active permits

Required to transport & temporarily possess sick, injured or orphaned birds for rehabilitation purposes. Does not authorize educational use or display. Eagles / T&E species must be reported immediately.Recuperated birds must be released as soon as conditions allow. Raptors may go to falconers.Must euthanize birds with certain injuries, e.g., those unable to perch upright or ambulate.Tenure 5 yearsActive permits 1,400+

Rehabilitation Permits 50 CFR 21.31

Special Purpose Permits 50 CFR 21.27 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.

EducationSalvageAbatement using RaptorsNoneagle RepositoriesIncidental TakeUtility MonitoringMiscellaneous

Types of Special Purpose Permits

Special Purpose Permits50 CFR 21.27

Salvage Salvage birds found dead that you had no part in the killing or death thereof. Donate to institution.Conservation Education Possess live or dead 12 programs per yearNonreleasable or captive-bred birds Abatement using Raptors use trained captive-bred raptors to abate depredation/public hazards (crops, airportsSpecial Purpose Utility collect carcasses found on utility property to monitoring mortality

Regional Directors Special Purpose Permit

Authorizes:Salvage & possess for official purposes Possess dead birds & nonreleasable live birds (not eagles or T&E) for Service-sanctioned conservation education programsRelocate when safety of bird is at risk (not eagles or T&E)Euthanize sick, injured, or orphaned birds.Carry copy of permitReport dead eagles & T&E species within 48 hoursAnnual report of activities involving live birds (e.g., relocation, euthanization)

Noneagle Repositories50 CFR 21.27

2-year pilot project to determine whether the Service should permit non-Federal entities as repositoriesParticipants: Liberty Wildlife Rehabilitation Foundation & Comanche Nation- (Sia Ethno-Ornithological Initiative) Permit authorizes acquisition of feathers, & distribution to Members of Federally Recognized TribesSources: permittees (rehabilitators, falconers, etc), agencies, zoos

Most Requested ItemsAll hawks, falcons, kestrels, especially Red-tailed HawkAnhinga (male has ridged tail feathers that are especially significant)Scissor-tailed FlycatcherWoodpeckers and colorful songbirds

Noneagle Repositories www.fws.gov/southwest/NAL/feathers.html

Incidental Take50 CFR 21.27Take incidental to an otherwise lawful activity. Examples: --- Communications towers-- Logging --- Wind turbinesFarming --- Transmission linesOil pits ---WindowsNo expressed provisions in part 21 for permitting incidental take (except military readiness). Enforcement discretion.Invasive species eradication on islands.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? Provide 2 examples of each.

Incidental take has a greater impact on migratory bird populations than intentional take. Considerable new funding will be needed to develop and administer regulations to authorize incidental take of migratory birds. How could the Service more efficiently administer permitting either intentional or unintentional take of migratory birds?

Group WorkMigratory Bird Permits

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