Presentation on theme: "Migratory Bird Treaty Act Bald & Golden Eagle Protection Act PERMITS"— Presentation transcript:
1 Migratory Bird Treaty Act Bald & Golden Eagle Protection Act PERMITS Migratory Bird Conservation: A Trust ResponsibilityNCTC February 11 – 15, 2013Susan Lawrence&Eliza SavageOffice of Migratory Bird ManagementU. S. Fish and Wildlife Service1
2 Migratory Bird Permits Overview MissionOrganizationProhibitionsPolicy & RegulationsPermit ExceptionsMigratory Bird PermitsLooking to the Future
3 Mission of the Migratory Bird Permit Program The 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.
4 Migratory Bird Permit Program Goals Conservation of Migratory Bird SpeciesNational Consistency in AdministrationMinimize Regulatory Burden on Staff and Public1
7 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
8 Prohibitions under the MBTA TakePossessImport & 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 . . .or as permitted by regulations in this part  or part 20…” (50 CFR 21.11)“Take” : Pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt any of these. (50 CFR )
9 Authorizations under the MBTA 2 Types of Authorization Permits50 CFR 21 (migratory birds)50 CFR 22 (eagles)RegulatoryHunting (50 CFR 20)Permit exceptions(50 CFR )Depredation & ConservationOrders (50 CFR )
10 Regulations Implementing MBTA Part 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 EaglesPhotos courtesy of Meg Laws, USFWS
11 Permit Policy Implementing MBTA Migratory Bird Permit Memoranda (www.fws.gov/migratorybirds/mbpermits.html)Director’s Order 69 – Service Eagle Distribution PolicyFish & 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
12 Permit Memorandum Series Nest DestructionEducational Use Permits for Falconry Education ProgramsUse of Pole Traps for Capturing Depredating RaptorsAbatement Activities Using Raptors
13 Nest Destruction MemoDestruction 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: Policies.html
14 Permit Exceptions (50 CFR 21.12) Infectious diseaseState, federal, municipal, local health agencies may collect sick or dead birds for disease analysisAZA zoos, public museumsCan possess & sell birds among themselves (not collect)Veterinarians – may stabilize oreuthanize sick/injured birdsBirds in BuildingsAnyone may humanely remove a birdfrom the interior of a building or structureGood Samaritan Anyone may take asick/injured/orphaned bird to a permitted rehabilitator (21.31)
15 Military Readiness Permit Exception 50 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 ormitigate such significant adverse effects.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)
16 Depredation & Control Orders 50 CFR 21.43-61 Double-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 & Stellar’s jays-WA & ORDepredating birds in CAPurple gallinules in LAPurple swamphen
17 Types of Migratory Bird Permits Scientific CollectingDepredationConservation EducationRehabilitationSpecial PurposeFalconrySpecial Canadagoose (State)TaxidermyImport/ExportRaptor PropagationAbatement Using RaptorsWaterfowl Sale & DisposalGame Bird Propagation
18 Scientific Collecting Permits 50 CFR 21.23 Required to collect or possess migratory birds, their parts, nests, or eggs for scientific purposesMuseums, universities, agencies, zoos, scientistsApplication requires a research proposalPermits are species- & quantity-specificTenure – up to 3 yearsActive permits – 500+
19 USGS Banding & Marking Permits 50 CFR 21.22 Administered 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 theBBL, or to apply auxiliary markers tomigratory birds.Authorizes salvage.May include blood & tissue sampling of banded birds.Scientific collecting permit required for activities not covered by a banding permit.
20 Depredation Permits 50 CFR 21.41 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 year Active permits 2,600+
21 Falconry Permits 50 CFR 21.28Federal falconry permits will be eliminated by January Only State permit will be required.32 States certified under new regulations. 17 to go.Wild goshawks, peregrines, gyrfalcons,& Harris’s hawks must be banded.Take of wild raptors must be reportedin 3-186A database administeredfor the States by Migratory Birds WOHistorically approx. 4,000 active permits
22 Rehabilitation Permits 50 CFR 21.31 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 years Active permits 1,400+
23 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 concernfor individual birds, orother compelling justification.”1
24 Types of Special Purpose Permits EducationSalvageAbatement using RaptorsNoneagle RepositoriesIncidental TakeUtility MonitoringMiscellaneous1
25 Special Purpose Permits 50 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 dead12 programs per yearNonreleasable or captive-bred birdsAbatement 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
26 Regional Director’s Special Purpose Permit Authorizes:Salvage & possess for official purposesPossess 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)
27 Noneagle Repositories 50 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
28 Noneagle Repositories www.fws.gov/southwest/NAL/feathers.html 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
29 Incidental Take 50 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.
30 Looking into the Future Incidental Take of Migratory BirdsChanges in inactive nest protection??E-permitsExpand Data Management Capabilities1
31 Migratory Bird Permits Group WorkMigratory Bird PermitsWhat 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?