THE ACTSWhat you need to know

about MBTA, BGEPA, & ESA

Migratory Bird Treaty Act• Congress needed to develop legislation to

implement the Treaties• MBTA becomes the cornerstone for protection of

migratory birds (10.13 Species)

MBTA – The Bottom LinePROHIBITS “TAKE”

…at any time, by any means or in any manner…any migratory bird, [or] any

part, active nest, or egg of any such bird…

TAKE not defined in MBTA“pursue, hunt, shoot, wound, kill, trap, capture, or collect”

MBTA & Habitat

Does NOT cover habitat impacts

TAKE AUTHORIZED by PERMITPermits can allow TAKE if it is “compatible” with

the four migratory bird treaties

INTENTIONAL TAKEAgricultural pestsHuman health & safety Scientific collecting

UNINTENTIONAL TAKE

Currently NO expressed authorization

Special Purpose 21.27Island invasive eradication

NMFS longline fisheries

DoD Readiness Rule

Bald and Golden Eagle Protection Act

(BGEPA or Eagle Act)

BGEPA – The Bottom Line

Prohibits TAKEAny eagle, alive or dead, or any part, nest, or egg thereof

BGEPA Definition of “Take”

• Includes: pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest, or disturb”

• Disturb – to agitate or bother to a degree that causes injury, decrease in productivity, or nest abandonment

BGEPA & Habitat• Definition of Take only includes nests• The Rule – mentions • Important use areas• Roosts• Concentration areas

• Habitat impacts that result in disturbance are unlawful

Eagle Take Permits50 CFR 22.26 – Take associated with, but not the purpose of, an otherwise lawful activity (i.e., Incidental Take) 50 CFR 22.27 – Nest removal for safety or other limited purposes

There are many types of Eagle Permits

Non-purposeful Take Permit (22.26)

• Only for take that cannot practicably be avoided

• Permittees must avoid and minimize to the maximum degree practicable

• Covers disturbance and incidental lethal take

Programmatic Take Permits

• Recurring and not in a specific, identifiable timeframe and/or location (e.g. power lines)

• Advanced Conservation Practices used to reduce take to where it is essentially unavoidable

Eagle Nest Take Permits (22.27)

• Nest removal permits can be issued under very limited circumstances

• Only inactive nests may be taken except in safety emergencies

Endangered Species Act

To protect and recover imperiled species and the ecosystems upon which

they depend

ESA – The Bottom LinePROHIBITS TAKE:

“…harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect…”

• Harass is an act that creates a likelihood of injury by disrupting breeding, feeding, and sheltering behaviors

• Harm is an act that kills or injures wildlife

ESA & Habitat

Habitat modification that impairs essential breeding, feeding or sheltering needs is

PROHIBITED

TAKE AUTHORIZATIONIncidental Take Permit available when: The action is Not likely to jeopardize the continued existence of listed species or adversely modify designated critical habitats