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

Migratory Bird PermitsMigratory Bird PermitsOverviewOverview

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

Regional Migratory Bird Regional Migratory Bird Permit OfficesPermit Offices• Issue PermitsIssue Permits• Biological & Legal Biological & Legal

ReviewReview• Technical Technical

AssistanceAssistance

Active Permits = 50,456

FY 2012 14,775 Migratory Bird & Eagle

Permits Processed

R1 R2 R3 R4 R5 R6 R7 R8

1,134 1,765 3,326 1,800 2,603 2,319 267 1,530

Migratory Bird Permit Program

6,190 14,422 10,038 4,363 4,731 7,288 525 2,899

Service-wide Permit Issuance & Tracking System (SPITS)

All permits issued in SPITSAll permits issued in SPITS Tracks permit, activity, species, authorized & Tracks permit, activity, species, authorized &

reported takereported take Data used to monitor take & inform cumulative Data used to monitor take & inform cumulative

effects assessmentseffects assessments

Prohibitions under the MBTAProhibitions under the MBTA

TakeTake PossessPossess Import & ExportImport & Export

Transport Sell, 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)

PermitsPermits 50 CFR 21 (migratory birds)50 CFR 21 (migratory birds)50 CFR 22 (eagles)50 CFR 22 (eagles)

Regulatory Regulatory Hunting Hunting (50 CFR 20) (50 CFR 20) Permit exceptions Permit exceptions

(50 CFR 21.12-15)(50 CFR 21.12-15)Depredation & Conservation Depredation & Conservation Orders Orders (50 CFR 21.43-61)(50 CFR 21.43-61)

2 Types of Authorization2 Types of Authorization

Authorizations under the MBTAAuthorizations under the MBTA

Photos courtesy of Meg Laws, USFWS

Regulations Implementing MBTARegulations Implementing MBTA

Part 50 of the Code of Federal Regulations (CFR) Part 50 of the Code of Federal Regulations (CFR)

• 50 CFR 50 CFR 10 – General Provisions10 – General Provisions• 50 CFR 13 – General Permit Procedures50 CFR 13 – General Permit Procedures• 50 CFR 20 – Migratory Bird Hunting50 CFR 20 – Migratory Bird Hunting• 50 CFR 21 – Migratory Bird Permits50 CFR 21 – Migratory Bird Permits• 50 CFR 22 – Bald & Golden Eagles50 CFR 22 – Bald & Golden Eagles

Permit Policy Implementing MBTAPermit Policy Implementing MBTA

Migratory Bird Permit Memoranda Migratory Bird Permit Memoranda (www.fws.gov/migratorybirds/mbpermits.html)(www.fws.gov/migratorybirds/mbpermits.html)

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 1 – Authorities, Objectives & Responsibilities for 724 FW 1 – Authorities, Objectives & Responsibilities for Migratory Bird PermitsMigratory Bird Permits

– 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

Permit Memorandum Series

http://www.fws.gov/migratorybirds/RegulationsPolicies/Policies.html

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

Nest Destruction MemoNest Destruction Memo

Permit ExceptionsPermit Exceptions(50 CFR 21.12)(50 CFR 21.12)

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

euthanize sick/injured birdseuthanize sick/injured birds

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)

Military Readiness Permit ExceptionMilitary Readiness Permit Exception50 CFR 21.1550 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 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

Scientific Collecting PermitsScientific Collecting Permits50 CFR 21.2350 CFR 21.23

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

Museums, universities, agencies, zoos, Museums, universities, agencies, zoos, scientists scientists

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

Active permits – 500+Active permits – 500+

USGS Banding & Marking PermitsUSGS Banding & Marking Permits50 CFR 21.2250 CFR 21.22

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+

Depredation PermitsDepredation Permits50 CFR 21.41 50 CFR 21.41

Falconry PermitsFalconry Permits50 CFR 21.28 50 CFR 21.28

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+

Rehabilitation PermitsRehabilitation Permits50 CFR 21.31 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.”

• Education• Salvage• Abatement using Raptors• Noneagle Repositories• Incidental Take• Utility Monitoring• Miscellaneous

Types of Special Purpose Permits

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,

euthanization)euthanization)

Noneagle RepositoriesNoneagle Repositories50 CFR 21.2750 CFR 21.27

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

Sources: permittees (rehabilitators,Sources: permittees (rehabilitators, falconers, etc), agencies, zoosfalconers, etc), agencies, zoos

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

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

Incidental TakeIncidental Take50 CFR 21.2750 CFR 21.27

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?

Group WorkMigratory Bird Permits