1. THE ACTS What you need to know about MBTA, BGEPA, & ESA

2. 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)

3. MBTA – The Bottom Line PROHIBITS “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”

4. MBTA & Habitat Does NOT cover habitat impacts

5. TAKE AUTHORIZED by PERMIT Permits can allow TAKE if it is “compatible” with the four migratory bird treaties INTENTIONAL TAKE Agricultural pests Human health & safety Scientific collecting

6. UNINTENTIONAL TAKE Currently NO expressed authorization Special Purpose 21.27 Island invasive eradication NMFS longline fisheries DoD Readiness Rule

7. Bald and Golden Eagle Protection Act (BGEPA or Eagle Act)

8. BGEPA – The Bottom Line Prohibits TAKE Any eagle, alive or dead, or any part, nest, or egg thereof

9. 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

10. 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

11. Eagle Take Permits 50 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

12. 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

13. 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

14. 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

15. Endangered Species Act To protect and recover imperiled species and the ecosystems upon which they depend

16. ESA – The Bottom Line PROHIBITS 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

17. ESA & Habitat Habitat modification that impairs essential breeding, feeding or sheltering needs is PROHIBITED

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