1. Migratory Bird Treaty Act Bald & Golden Eagle Protection Act PERMITS
Migratory Bird Conservation: A Trust Responsibility
NCTC February 11 – 15, 2013
Susan Lawrence
&
Eliza Savage
Office of Migratory Bird Management
U. S. Fish and Wildlife Service 1

2. Migratory Bird Permits Overview
Mission
Organization
Prohibitions
Policy & Regulations
Permit Exceptions
Migratory Bird Permits
Looking 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 Species
National Consistency in Administration
Minimize Regulatory Burden on Staff and Public 1

5. Roles & Responsibilities
Anchorage, AK
Denver, CO
Bloomington, MN
Albuquerque, NM
Portland, OR
Washington Office
Policy
Regulations
Regional Migratory Bird Permit Offices
Issue Permits
Biological & Legal Review
Technical Assistance
Hadley, MA
Sacramento, CA
Atlanta, GA
ARNG Workshop, Atlanta 2012

6. Migratory Bird Permit Program
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
Active Permits = 50,456
6,190
14,422
10,038
4,363
4,731
7,288
525
2,899 1

7. Service-wide Permit Issuance & Tracking System (SPITS)
All permits issued in SPITS
Tracks permit, activity, species, authorized & reported take
Data used to monitor take & inform cumulative effects assessments

8. Prohibitions under the MBTA
Take
Possess
Import & 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 )

9. Authorizations under the MBTA 2 Types of Authorization
Permits
50 CFR 21 (migratory birds)
50 CFR 22 (eagles)
Regulatory
Hunting (50 CFR 20)
Permit exceptions
(50 CFR )
Depredation & Conservation
Orders (50 CFR )

10. Regulations Implementing MBTA
Part 50 of the Code of Federal Regulations (CFR)
50 CFR 10 – General Provisions
50 CFR 13 – General Permit Procedures
50 CFR 20 – Migratory Bird Hunting
50 CFR 21 – Migratory Bird Permits
50 CFR 22 – Bald & Golden Eagles
Photos courtesy of Meg Laws, USFWS

11. Permit Policy Implementing MBTA
Migratory Bird Permit Memoranda (
Director’s Order 69 – Service Eagle Distribution Policy
Fish & Wildlife Service Manual (Parts 720 – 729)
724 FW 1 – Authorities, Objectives & Responsibilities for Migratory Bird Permits
724 FW 2 – Migratory Bird Permits
724 FW 6 – Depredating Birds at Fish Culture Facilities

12. Permit Memorandum Series
Nest Destruction
Educational Use Permits for Falconry Education Programs
Use of Pole Traps for Capturing Depredating Raptors
Abatement Activities Using Raptors

13. Nest Destruction Memo
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 species
See Nest Destruction memo: Policies.html

14. Permit Exceptions (50 CFR 21.12)
Infectious disease
State, federal, municipal, local health agencies may collect sick or dead birds for disease analysis
AZA zoos, public museums
Can possess & sell birds among themselves (not collect)
Veterinarians – may stabilize or
euthanize sick/injured birds
Birds in Buildings
Anyone may humanely remove a bird
from the interior of a building or structure
Good Samaritan Anyone may take a
sick/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 or
mitigate 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 resources
Resident Canada geese at airports & military airfields, nests/eggs, at agricultural facilities, & for public health
Certain blackbirds, cowbirds, grackles, crows, magpies
Muscovy duck outside of natural range (TX)
Scrub & Stellar’s jays-WA & OR
Depredating birds in CA
Purple gallinules in LA
Purple swamphen

17. Types of Migratory Bird Permits
Scientific Collecting
Depredation
Conservation Education
Rehabilitation
Special Purpose
Falconry
Special Canada
goose (State)
Taxidermy
Import/Export
Raptor Propagation
Abatement Using Raptors
Waterfowl Sale & Disposal
Game Bird Propagation

18. Scientific Collecting Permits 50 CFR 21.23
Required to collect or possess migratory birds, their parts, nests, or eggs for scientific purposes
Museums, universities, agencies, zoos, scientists
Application requires a research proposal
Permits are species- & quantity-specific
Tenure – up to 3 years
Active permits – 500+

19. USGS Banding & Marking Permits 50 CFR 21.22
Administered by U.S. Geological Survey, Bird Banding Laboratory, not FWS (
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.

20. Depredation Permits 50 CFR 21.41
Required to capture or kill migratory birds for depredation control
Protect personal property or allow resolution of other injury to people or property
Protect 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 take
Tenure – 1 year Active permits 2,600+

21. Falconry Permits 50 CFR 21.28
Federal 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 reported
in 3-186A database administered
for the States by Migratory Birds WO
Historically 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 concern
for individual birds, or
other compelling justification.” 1

24. Types of Special Purpose Permits
Education
Salvage
Abatement using Raptors
Noneagle Repositories
Incidental Take
Utility Monitoring
Miscellaneous 1

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 dead
12 programs per year
Nonreleasable or captive-bred birds
Abatement using Raptors – use trained captive-bred raptors to abate depredation/public hazards (crops, airports
Special Purpose Utility – collect carcasses found on utility property to monitoring mortality

26. Regional Director’s 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 programs
Relocate when safety of bird is at risk (not eagles or T&E)
Euthanize sick, injured, or orphaned birds.
Carry copy of permit
Report dead eagles & T&E species within 48 hours
Annual 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 repositories
Participants: Liberty Wildlife Rehabilitation Foundation & Comanche Nation- (Sia Ethno-Ornithological Initiative)
Permit authorizes acquisition of feathers, & distribution to Members of Federally Recognized Tribes
Sources: permittees (rehabilitators,
falconers, etc), agencies, zoos

28. Noneagle Repositories www.fws.gov/southwest/NAL/feathers.html
Most Requested Items
All hawks, falcons, kestrels, especially Red-tailed Hawk
Anhinga (male has ridged tail feathers that are especially significant)
Scissor-tailed Flycatcher
Woodpeckers and colorful songbirds

29. Incidental Take 50 CFR 21.27
Take incidental to an otherwise lawful activity.
Examples: Communications towers
-- Logging Wind turbines
Farming Transmission lines
Oil pits Windows
No 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 Birds
Changes in inactive nest protection??
E-permits
Expand Data Management Capabilities 1

31. Migratory Bird Permits
Group Work
Migratory Bird Permits
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?