1. U. S. Fish and Wildlife Service NWRA Presentation 2019
Valerie Slocumb – Northeast Region
Carmen Simonton, Resee Collins – Southeast Region
Migratory Bird Permit Office

2. THANK YOU! To NWRA Session Sponsor: Fellow Mortals
Wildlife Hospital, WI
In memory of
Marlys Bulander and
In appreciation of our partners at U.S. Fish and Wildlife Service

3. OVERVIEW Improving Communication Revised Species List (1085)
Coordination Calls
BRaZN, AZA Partnership
Vet Letter, Forms Updates
Revised Species List (1085)
Eagle Necropsy/Non-eagle Feather Repository
DOI Solicitor’s Opinion
M-37050
Updated Nest Destruction
Memo 2018
Questions/Discussion
OVERVIEW

4. A Message from Eric Kershner Chief, Branch of Conservation, Permits & Regulations
Wildlife Rehabilitators are important partners in bird conservation
USFWS values your role
We want to work with you to keep building this partnership
We are open to hearing thoughts to make things easier, but also to ensure birds are getting the best care
Shutdown effects…have patience please!

5. Quarterly or As Needed Coordination Calls
Efforts to Improve Communication Between the Service and Rehabilitation Community
Quarterly or As Needed Coordination Calls
BRaZN: Bird Rehabilitator & Zoo Network/AZA Partnership
Revising Vet Letter: Placement
Updated Permit Fact Sheets, Applications, Transfer Form and Annual Reports online

6. Page 2 of Acquisition/Transfer Form 3-202-12
BIG 3:
Vet letter
Photos
Experience

7. 66 new species, 7 species removed
Revised MBTA List 50 CFR 10.13
Proposed Rule Status: Comment Period Closed
Based on scientific changes to bird taxonomy (common names, scientific names, families, etc.) rule would increase the number of protected
bird species to 1085
66 new species, 7 species removed
Mike Baird, Flickr

8. National Eagle Necropsy Program: Underlying Mortality Causes
*Golden Eagles and Bald Eagles
*Lead *Rodenticide Exposure *AVM
*Fresh dead or euthanized/no treatment only
*Contact your Regional Permit Office for shipping information 8

9. Non-Eagle Feather Repository
Tribal (Comanche Nation of OK)
SIA Essential Species Repository
William Voelker, Executive Director
580/
Non-Tribal
Liberty Wildlife Non-Eagle Feather Repository
Robert Mesta, Non-Eagle Feather Program Coordinator
520/

10. USFWS Non-Eagle Feather Repository needs Anhinga Rough-legged Hawk
Ferruginous Hawk
Red-tailed Hawk
American Kestrel
Scissor-tailed Flycatcher
ALSO NEEDED:
- Roadrunner
Owls
Song-birds
Jays
- Various other
birds of prey
Waterfowl
Macaws/parrots
Northern Flicker
USFWS
Non-Eagle Feather
Repository needs

11. Junior Duck Stamp Contest :
Annual Deadline March 15
Best of Show Winner
Acrylic rendition “Emperor Goose”
by Rayen Kang, 18, Johns Creek, Georgia

12. Department of the Interior Solicitor’s Opinion M-37050

13. Department of the Interior Solicitor’s Opinion M-37050
Incidental take resulting from an otherwise lawful activity is not prohibited under the Migratory Bird Treaty Act. 
Examples:
Barn owls in dilapidated building
Barn swallows and bridge painting
Chimney swifts in chimneys
Shooting black vultures without a depredation permit

14. Example: RaceTrac Gas Sign and Osprey Nest

15. Guidance: M-Opinion
How does the legality of the activity affect determination if it is an MBTA violation or not?
Example: applying a pesticide illegally
What effect does M-Opinion have on current settlement agreement negotiations addressing take or court mandated permits from past settlement agreements?
How does the M-Opinion affect Natural Resources Damage Assessment program (specific to oil spills)?

16. Updated USFWS Nest Destruction Memorandum
June 14, 2018

17. Updated USFWS Nest Destruction Memorandum
June 14, 2018
Expanded Good Samaritan Provision
An individual or entity whose activity unintentionally destroys an active nest, or is likely to do so, may collect eggs and/or chicks and may take them to a rehabilitator.
(50 CFR 21.31(a)) – The Good Samaritan provision states: “Any person who finds a sick, injured, or orphaned migratory bird may, without a permit, take possession of the bird in order to immediately transport it to a permitted rehabilitator.”

18. Updated USFWS Nest Destruction Memorandum June 14, 2018
Expanded Good Samaritan Provision
USFWS interprets “finds” to include encountering birds that become sick, injured, or orphaned while conducting activities where the intention is not to kill migratory birds or destroy their nests.
“Finds” also applies when a planned activity is likely to cause or is about to cause destruction of an active nest resulting in the death, injury, or orphaning of eggs or chicks because, if nest destruction is imminent, any egg or chick in that nest can be considered orphaned.

19. Updated USFWS Nest Destruction Memorandum June 14, 2018
Expanded Good Samaritan Provision
After the eggs or chicks are collected, a federally-permitted rehabilitator may accept them as orphaned birds, consistent with their rehabilitation permit.
Rehabilitators have discretion as to what they will and will not accept.
Rehabilitators have the ability to determine the fate of any eggs or chicks accepted, including euthanasia.

20. Updated USFWS Nest Destruction Memorandum June 14, 2018
Expanded Good Samaritan Provision
The expanded Good Samaritan Provision does not apply to regularly re-occurring actions where a single entity purposefully removes nests (e.g., a company that needs to purposefully remove nests from electrical distribution poles).
A permit is recommended for recurring situations.
A permit is always required for activities involving Bald Eagles and/or Golden Eagles except for finding a sick, injured
or orphaned eaglet and bringing it to a rehabilitator/vet. clinic.

21. Updated USFWS Nest Destruction Memorandum June 14, 2018
Expanded Good Samaritan Provision
If a rehabilitator is unavailable or will not accept the eggs or chicks, the landowner (or the person acting on their behalf) may take the eggs or chicks to a licensed veterinarian who may temporarily possess, transfer, or euthanize the eggs or chicks without a permit (50 CFR 21.12(c)).

22. State, Tribal, and Local Laws Still Apply
Other Federal Laws and
State, Tribal, and Local Laws Still Apply
Nests may be protected by other Federal statutes, such as the Endangered Species Act, and the Bald and Golden Eagle Protection Act.
State, Tribal, and local laws may also protect nests. USFWS will continue to make every effort to ensure awareness regarding these possible additional protections and will inform the public of factors that will help minimize the likelihood that deaths would occur should nests be destroyed.

23. M-Opinion, Nest Destruction Memo and Rehabilitators: How You Can Help
Education
Birds in Buildings
Thomas O’Neil

24. Contact Information
Regional Permit Offices:

25. Now it’s Time for Your Questions