2.1 What is the purpose of this chapter? This chapter, developed in accordance with Executive
Order (E.O.) 13186 (Responsibilities of Federal Agencies to Protect Migratory
Birds), provides information to all Service employees about the
management and conservation of migratory birds.
2.2 What are the
objectives of this policy? Because
migratory birds are one of our primary trust resources, all Service employees
should:
A. Implement their mission-related activities and
responsibilities in a way that furthers the conservation of migratory birds
and minimizes and avoids the potential adverse effects of migratory bird
take, with the goal of eliminating take.
B.. Emphasize an interdisciplinary, collaborative
approach to migratory bird conservation in cooperation with other Service
programs, State and Federal agencies, international entities, and
non-governmental partners.
C. Use the best available scientific information to
incorporate ecosystem integrity, reduction of invasive species, and long-term
adaptive management into migratory bird conservation.
2.3 What is the scope
of this chapter? E.O. 13186
directs all Federal agencies whose actions have a measurable impact on
migratory bird populations to develop a Memorandum of Understanding (MOU)
with the Service, in addition to calling on Federal agencies to take steps to
promote migratory bird conservation. The scope of this chapter is what the
Service can do internally to promote migratory bird conservation.
2.4 What are the
authorities for this chapter?
A. Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703-712).
B. Bald and Golden Eagle Protection Act (16 U.S.C. 668).
C. Convention on Wetlands of International Importance Especially as
Waterfowl Habitat (I.L.M. 11:963-976).
D. Migratory Bird
Treaties with Great Britain (for Canada) (39 Stat.1702; TS 628, as
amended), Mexico (50 Stat. 1311; TS912, as amended), Soviet Union (Russia)
(T.I.A.S. 9073), and Japan (25 UST 3329; T.I.A.S 7990, as amended).
E. Convention on Nature Protection and
Wildlife Preservation in the Western Hemisphere (Pub.L. 93-205).
F. Fish and Wildlife Coordination Act (16 U.S.C. 661-667).
G. Migratory Bird Conservation Act (16 U.S.C. 715-715d,
715e, 715f-715r).
H. E.O.
13186 (66 FR 3853), Responsibilities of Federal Agencies to Protect
Migratory Birds.
I. National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347).
J. Fish and Wildlife Conservation Act (16 U.S.C. 2901-2911).
K. Endangered Species Act of 1973 (16 U.S.C. 1531-1544).
L. Magnuson-Stevens Fishery and Conservation Act, as amended (Pub. L. 94-265).
M. North American Wetlands Conservation Act, as
amended (16 U.S.C.
4401).
N. Neotropical Miogratory Bird Conservation Act, as
amended (16 U.S.C.
6101-6109, 1583).
2.5
What does the term ‘Species of Concern’ mean? The term “species of concern” means:
A. Those species listed in the periodic report, Birds of
Conservation Concern, published by our Service Division
of Migratory Bird Management,
B. Priority migratory bird species documented in
comprehensive bird conservation plans (North American Waterbird Conservation
Plan, United States Shorebird Conservation Plan, Partners in Flight Bird
Conservation Plans),
C. Species or populations of waterfowl that the North
American Waterfowl Management Plan identifies as a high, or moderately high,
continental priority,
D. Listed threatened and endangered bird species in 50
CFR 17.11; or
E. MBTA-listed game birds below desired population
sizes. (See our Migratory Birds Website.)
2.6 How does the
Service implement its overall responsibilities for ensuring the requirements
in E.O.
13186 are met? We implement this
policy when we start new actions or renew contracts, permits, delegations, or
other third party agreements as well as when we start new, or revise existing
Service land management plans. The Division of Migratory Bird Management and
the Regional and California/Nevada Operations Office (CNO) Migratory Bird
program staff coordinate the following Service responsibilities, as
appropriate (see sections 2.7 through 2.14 for
specific program responsibilities):
A. Support the conservation intent of the migratory
bird conventions by:
(1) Integrating migratory bird conservation measures
into our activities, and
(2) Avoiding or minimizing adverse impacts on
migratory bird resources.
B. Restore and enhance the habitat of migratory
birds.
C. Prevent or abate the pollution or detrimental
alteration of the environment for the benefit of migratory birds.
D. Within established authorities and in conjunction
with the adoption, amendment, and revision of our management plans and
guidance, ensure that our plans and actions promote programs and
recommendations of comprehensive migratory bird planning efforts. Examples
include: Partners in Flight Bird Conservation Plans, the U.S. Shorebird
Conservation Plan, the North American Waterfowl Management Plan, and the
North American Waterbird Conservation Plan. The North American Bird
Conservation Initiative fosters integrated bird conservation, which is based
on sound science, effective management, and efficient use of resources among
the initiatives and bird conservation organizations.
E. Ensure that environmental analyses of Federal
actions required by the National Environmental Policy Act or other
established environmental review processes evaluate the effects of actions
and agency plans on migratory birds, with emphasis on species of concern (see
section 2.5).
F. Control, within the scope of our statutory
authorities, the import, export, and establishment in the wild of live
non-native animals and plants that may be harmful to migratory bird
resources.
G. Promote interagency inventory, monitoring,
management studies, research, and information exchange related to the
conservation of migratory birds and their habitats. This may include:
(1) Using national inventory and monitoring programs
with standardized protocols to assess the status and trends of bird
populations and habitats,
(2) Implementing management studies and research using
national protocols and programs, such as the Breeding Biology Research and
Monitoring Database (BBIRD), and
(3) Sharing inventory, monitoring, research, and study
data for breeding, migrating, and wintering populations and habitats, such as
Monitoring Avian Productivity and Survivorship (MAPS).
H. Promote education and outreach opportunities
related to migratory birds, such as International Migratory Bird Day, the
Junior Duck Stamp Program, Urban Conservation Treaties, Hunter Education, and
the Shorebird Sister Schools Program.
I. Develop and provide training on migratory bird
conservation to appropriate Service and other Federal agency employees.
J. Provide technical assistance on migratory bird
species and their habitats to other Federal agencies.
K. In conjunction with other Federal agencies, work
to develop reasonable and effective conservation measures for key management
actions that affect migratory birds and their natural habitats with emphasis
on species of concern.
L. Work to identify special migratory bird habitats
(migration corridors, stop-over habitats, ecological conditions important in
nesting habitats, etc.) to aid in collaborative planning.
M. In consultation with the Department of State, as
appropriate, promote migratory bird conservation in international activities
and with other countries and international partners.
N. Participate in the Council for the Conservation of
Migratory Birds.
O. Strengthen partnerships with non-governmental
entities to further migratory bird conservation.
2.7
How does the Service’s Migratory Bird program implement E.O.
13186?
A. The Division of
Migratory Bird Management staff:
(1) Along with the Division of Bird Habitat
Conservation and Regional and CNO Migratory Bird program staff, coordinates
the development of guidance and provides technical assistance, as
appropriate, to other Service programs that must implement the
responsibilities sections 2.8 through 2.14 below
describe.
(2) Enters permitted migratory bird take activities into the Service
Permit Issuance and Tracking System (SPITS), including species and number of
individuals taken, in a timely manner.
(3) Coordinates training and information exchange both within the
Service and with other Federal agencies on the methods and means of avoiding
or minimizing take with the goal of striving to eliminate take of migratory
birds and conserving and restoring migratory bird habitat.
(4) In coordination with other Federal and State agencies and
non-governmental organizations:
(a) Improves the design of existing migratory bird
surveys and increases efforts to monitor species whose status is poorly
known, especially species of concern; and
(b) Develops status assessments for migratory bird
species of concern that identify their limiting factors and promotes
strategies for addressing them.
(5) Facilitates migratory bird conservation through the increased use
of biologically-based, geospatial planning tools, such as Geographic
Information Systems and statistical modeling, that identify focal areas for
bird habitat protection, restoration, and management.
(6) Administers the migratory bird permit program consistent with the
intent of this policy.
(7) Increases dialogue between Regional and CNO Migratory Bird program
staff, refuge biologists, and refuge managers during the evaluation process
for species of concern, development of standards (e.g., banding, monitoring)
for biological work on migratory birds, and writing of strategic Regional/CNO
plans.
(8) Raises public awareness about the possible presence of birds in a
nest and the risk of violating the Migratory Bird Treaty Act (MBTA), the Endangered
Species Act, and the Bald and Golden Eagle Protection Act. Informs the public
of factors that will help minimize the likelihood that take would occur
should nests (with birds or eggs) be destroyed (also see Migratory
Bird Permit Memorandum on Nest Destruction, April 15, 2003).
(9) Coordinates with Joint Ventures and other partners
to develop goals and objectives for migratory birds for all Bird Conservation
Regions in the U.S. Provides expertise to the National Wildlife Refuge System
(NWRS) staff to integrate these goals and objectives into Comprehensive
Conservation Plans (CCP) and other land management plans and to plan the
future of the NWRS.
B. The Division of Bird Habitat Conservation staff:
(1) Provides funds for partnerships that conserve habitats benefiting
migratory birds through competitive matching grants (North American Wetlands
Conservation Act and Neotropical Migratory Bird Conservation Act).
(2) Encourages Joint Ventures to address migratory bird conservation
priorities, consistent with national and international bird plans, in their
biological planning work, conservation design, project implementation, and
monitoring evaluation and research activities.
(3) Produces and markets the Federal Migratory Bird
Hunting and Conservation Stamp to increase NWRS acquisitions to conserve
migratory birds and implements the Junior Duck Stamp Program to increase
conservation awareness.
2.8 How does the Service’s Wildlife and Sport
Fish Restoration program implement E.O.
13186? Our Wildlife and Sport Fish Restoration program staff:
A. Encourages partners to incorporate best management
practices into their migratory bird conservation projects.
B. Encourages State agencies responsible for implementing fish and
wildlife conservation and restoration grants administered through our Federal
Assistance program to design their projects to provide benefits to migratory
birds, particularly species of concern, as appropriate. These programs
include, but are not limited to:
(1) Wildlife Restoration,
(2) National Coastal Wetlands Conservation Grants,
(3) Multistate Conservation Grants,
(4) State Wildlife Grants, and
(5) Landowner Incentive Programs.
2.9 How does the Service’s National Wildlife Refuge System (NWRS) implement E.O.
13186? Our NWRS staff:
A. Coordinates and implements plans and actions (such
as CCPs and habitat management plans), in support of applicable comprehensive
migratory bird planning efforts, such as:
(1) The Partners in Flight Bird Conservation Plans,
(2) The U.S. Shorebird Conservation Plan,
(3) The North American Waterfowl Management Plan, and
(4) The North American Waterbird Conservation Plan.
B. Increases dialogue among refuge biologists, refuge planners, and
the Regional/CNO Migratory Bird program staff during the CCP process and
development of biological work plans for migratory birds and refuge strategic
regional plans.
C. Integrates Bird Conservation Region (BCR) goals and objectives
into the goals and objectives of CCPs and other management plans for
individual NWRS units, as appropriate.
D. When developing CCPs and other management plans for NWRS
units, identifies and evaluates opportunities to further provide habitats and
ecological conditions within the BCR needed to achieve the migratory bird
conservation goals and objectives for that Region/CNO.
E. Coordinates with the Division of Migratory Bird Management and
Service Ecological Services (E.S.) field offices to evaluate proposals for
siting towers or power lines on refuges. When issuing special use permits for
the installation of such facilities on refuge lands, permit stipulations
should encourage the permittee to implement best management practices, such
as compliance with voluntary communication tower and power line guidelines
and Service wind power guidelines.
F. As part of integrated pest management on refuges, ensures that
there is limited use of pesticides harmful to birds. Where refuges must use
pesticides that are harmful to birds, monitors the site during and after
application for potential bird kills. Where employees discover problems,
modifies control strategies to prevent future impacts.
G. Assesses the impact of invasive species management on migratory
birds, and makes recommendations on how to best achieve invasive species
management and migratory bird conservation goals. Employees should give
priority to species of concern and long-term habitat benefits. Coordinates
with the Division of Migratory Bird Management and the Regional/CNO
Integrated Pest Management Coordinator when developing integrated pest
management plans and programs for NWRS units where implementation could
significantly affect migratory birds.
H. Manages refuges to encourage the restoration of native habitat
communities for species of concern, where appropriate.
I. Evaluates all management practices that may cause migratory
bird mortality and incorporates management principles that strive to minimize
or avoid take, with emphasis on species of concern. For example, conducts
restoration and management practices such as flooding, mowing, timber
harvest, and burning (e.g., their timing, location, and intensity) in ways
that minimize or avoid loss of nests and young, while still meeting
management objectives.
J. Evaluates current migratory bird management
actions to determine their effectiveness towards achieving management goals.
K. Develops measures to provide escape routes or refugia when clearing
vegetation (e.g., mowing from the inside out, mosaic patterns during
prescribed burns).
L. When employees do not know with a reasonable degree of certainty
what the impacts of their management actions are on migratory birds, works
cooperatively with Regional/CNO Migratory Bird Program staff, other agencies,
research institutions, or other entities to evaluate the effectiveness of the
management practices to accomplish the desired objectives for migratory
birds.
2.10
How does the Service’s Endangered Species program implement E.O.
13186? Our Endangered Species
staff:
A. Incorporates habitat objectives of the bird
conservation plans (see 2.6D), as appropriate, into
Endangered Species Act (ESA) Section 10 permits associated with Habitat
Conservation Plans, Safe Harbor Agreements, and Candidate Conservation
Agreements with Assurances.
B. Enters permitted migratory bird take activities
into SPITS, including species and number of individuals taken, in a timely
manner.
C. When conducting consultations with other Federal agencies on
actions that may affect proposed or candidate species, incorporates migratory
bird conservation into recommendations as appropriate.
D. Offers technical assistance within the Service and to the public about
recovery needs of listed, proposed, or candidate migratory bird species.
E. Considers opportunities for addressing migratory bird conservation
when developing and implementing recovery plans, Candidate Conservation
Agreements, and grants funded under the ESA.
F. Implements land acquisitions for the purpose of conservation of
listed species, including migratory birds.
G. Works with the Migratory Bird program to identify migratory bird
species that may warrant listing under the ESA and to address monitoring and
conservation of recently-delisted migratory bird species.
2.11 How does the Service’s Fisheries and Habitat Conservation program
implement E.O.
13186?
A. Division of Fish and Wildlife Management Assistance and Habitat
Restoration. Our Division of Fish and Wildlife Management Assistance and
Habitat Restoration staff:
(1) Conducts site visits to flag cavity trees or active
nest sites before we clear vegetation on projects we implement or fund.
Encourages other entities to do the same on projects with a Federal nexus.
(2) Avoids clearing vegetation during the nesting season, particularly
for species of concern.
(3) Incorporates escape routes or refugia into plans involving habitat
manipulations (e.g., mowing vegetation from the inside out, mosaic patterns
during prescribed burns).
(4) Reports to Regional/CNO Migratory Bird program staff incidents of
take, such as those that may occur when birds are lost or wounded by fish
sampling gear. Monitoring take provides useful data for the development of
non-lethal techniques.
(5) Requests that contractors, heavy equipment operators, and private
land owners implementing Service-funded projects avoid disturbing active nest
sites during project construction.
(6) Evaluates the timing of restoration or management activities to
avoid or minimize impacts to migratory birds when feasible. Places priority
on avoiding impacts to species of concern during the nesting season.
(7) Recommends the use of nondestructive, nondisruptive sampling
whenever feasible on site assessments.
(8) Encourages partners to incorporate best management practices into
their migratory bird habitat projects.
(9) Offers technical assistance within the Service and to the public
about recovery needs of listed, proposed, or candidate migratory bird
species.
(10) Considers opportunities for addressing migratory bird
conservation when developing and implementing fishery management plans
through fish commissions or councils, such as the Atlantic States Marine
Fisheries Commission.
(11) Coordinates efforts with the Natural Resource Conservation
Service to ensure Farm Bill provisions are "bird-friendly" and
address migratory bird conservation, where appropriate.
(12) Develops outreach material identifying and
promoting regional native food plants for migratory bird species of concern.
B. Division of Habitat and Resource Conservation. Our Division of
Habitat and Resource Conservation staff:
(1) Participates in early project planning to advance bird
conservation, with emphasis on species of concern. Specifically, they:
(a) Identify bird-related goals, conservation
measures, and comprehensive plans applicable to the project area,
(b) Advise on project impacts to migratory birds,
(c) Identify means and measures to avoid or minimize
potential for take of migratory birds, eggs, and active nests, including, but
not limited to:
(i) Project modification or denial;
(ii) Identification of time of year restrictions on
clearing vegetation;
(iii) Recommendations about avoiding cavity trees,
colonial bird nests, and other active nests; and
(iv) Recommendations about avoiding nests of species of
concern.
(2) Ensures that environmental analyses required by the National
Environmental Policy Act or other established environmental review processes
evaluate the effects of actions and agency plans on migratory birds,
particularly species of concern. This consideration is relevant to both
Service actions and the review of other Federal agency actions. Use best
available demographic, population, or habitat association data in the assessment
of impacts on migratory birds.
(3) Coordinates with the respective Department of
Defense Armed Forces in the development, review, and implementation of
Integrated Resource Management Plans (INRMP) to ensure they address migratory
bird conservation when applicable. Staff actively participates on INRMP teams
to ensure they are addressing migratory bird conservation during INRMP
development and for the 1-year and 5-year INRMP reviews.
(4) Coordinates Federal project assessments with the Regional/CNO
Migratory Bird program when proposed activities may have a negative effect on
migratory birds, particularly species of concern.
(5) Increases review and consultation efforts for activities that
affect migratory bird populations and habitats, including communication
towers, wind turbines, and other utility structures.
(6) Promotes compliance with communication tower, power line, and wind
power guidelines as they are developed or revised.
(7) When completing project reviews, recommends to project applicants
that they incorporate sufficient funding in their budgets for investigating
and assessing issues pertinent to migratory birds, particularly species of
concern.
C. Division of Environmental Quality. Our Division of
Environmental Quality staff:
(1) When conducting environmental contaminants studies, limits adverse
effects of collection on migratory birds by not taking live birds whenever
possible and using non-lethal sampling whenever feasible (e.g., drawing blood
or feather collection).
(2) Improves the use and dissemination of the results of environmental
contaminants investigations that relate to migratory bird management and
status. Continues to use and improve the database for the Contaminant
Assessment program on National Wildlife Refuges to provide information of
concern to migratory bird managers.
(3) Uses surrogate, captive bred, or more abundant avian species for
testing sensitivity to environmental contaminants, especially when working in
partnership with researchers at the U.S. Geological Survey (USGS), the
Environmental Protection Agency (EPA), and in academia.
(4)
Minimizes the loss of migratory
birds from contaminants. Where terminally ill birds are euthanized during
spill response or following other exposures to oil, hazardous materials,
pesticides, or elevated levels of natural elements, uses specimens to obtain
appropriate ecotoxicological information to assist in management planning.
(5)
Assesses, minimizes, and where
possible, eliminates potential adverse impacts to migratory birds from
contaminants found on sites being considered for restoration activities.
(6) Where feasible, uses existing plans for migratory
bird management (see section 2.6D) when developing restoration
options for compensation for injuries to migratory birds.
(7) Coordinates intra- and inter-Service programs to assure remediation
and other management actions taken to eliminate or reduce environmental
contaminants focus on eliminating or significantly minimizing the take of
migratory birds. Where possible, management actions should assist in the
recovery and conservation of migratory birds.
(8) Requests appropriate funding levels for investigations and
assessment of impacts of hazardous wastes, oil, and other environmental
contaminants on migratory birds during general planning and budget
initiatives, and encourages partners, both inside and outside the Service, to
do the same.
D. Division of National Fish Hatchery System. Our Division of National
Fish Hatchery System staff:
(1) Coordinates closely with other Service programs to ensure that:
(a) The Memorandum on Environmentally Beneficial
Practices on Federal Landscaped Grounds (Presidential Memorandum,
Environmental Practices on Federal Grounds, April 26, 1994) is followed
and implemented, and
(b) It implements procedures to track the amount of
pesticides known to harm birds when applied, and to return unused portions
for recycling or disposal.
(2) Whenever possible, prevents the use of pesticides known to harm
birds at fish hatcheries. Where they must use pesticides harmful to birds,
notifies Service Ecological Services field offices and local Service Law
Enforcement offices 72 hours prior to the application. The notification must
include detailed data on the location (acre(s), latitude and longitude,
section/range/township) and contact information for the sites during and
after application. Works with the Ecological Services field office and Law
Enforcement to conduct more follow-up evaluations after applications of
potentially dangerous pesticides, and where problems are discovered, modifies
control strategies to prevent future impacts.
(3) Coordinates with Division of Migratory Bird Management staff to
evaluate the potential siting of towers or power lines on hatcheries or
rights-of-way and complies with communication tower, power line, and Service
interim wind power guidelines.
(4) Develops alternatives to eliminate mortality of migratory birds
and reduce, if possible, the effects they have on fish at hatcheries.
(5)
Manages hatchery grounds to
encourage the restoration of native habitat communities for species of
concern, where appropriate.
(6) Provides nest boxes for migratory birds at
hatcheries, with emphasis on species of concern.
(7) Develops alternatives that eliminate the mortality of migratory
birds and reduce the conflicts between migratory birds and the effects they
have on fish at hatcheries.
(8) Manages public use of fish hatcheries (including both non-wildlife
and wildlife-dependent recreational use) and related facilities to minimize
impacts on migratory bird populations and their habitats.
(9) Evaluates all management practices at fish hatcheries that may
cause migratory bird mortality and incorporates management principles that
strive to minimize or avoid take, with emphasis on species of concern. For
example, conducts restoration and management practices in ways that minimize
or avoid loss of nests and young, while still meeting site management
objectives.
2.12 How does the Service’s Law Enforcement program implement E.O.
13186? Our Law Enforcement staff:
A. In coordination with the
Migratory Bird program staff, works with industries proactively through
education and outreach to minimize the take of migratory birds.
B. Investigates violations of the MBTA and other Federal laws that
affect migratory bird populations (e.g., commercial exploitation, market
hunting, and take caused by poisonings, oil spills, and other environmental
contaminants).
C. Prevents, within the scope of our statutory authorities, the import
of live non-native animals and plants that may be harmful to migratory bird
resources.
D. Works with Federal, State, and tribal counterparts to enforce
migratory game bird hunting regulations and preserve hunting opportunities
for Americans.
E. Continues to develop and provide training on migratory bird
identification and enforcement techniques to appropriate Federal, State, and
tribal agencies.
2.13 How does the Service’s International Affairs program implement E.O.
13186? Our International Affairs staff:
A. Through the migratory
bird treaties (i.e., with Canada, Mexico, Japan, and Russia), works with government
leaders and other colleagues in those countries to develop innovative new
approaches to migratory bird conservation that help to achieve our
conservation goals and those identified specifically within the U.S. and
North American bird conservation plans. Develops conservation approaches in a
way that integrates them into the priorities of our partner countries.
B. Enters permitted migratory bird take activities
into SPITS, including species and number of individuals taken, in a timely
manner.
C. Division of International Conservation:
(1) Project officers for small-grants programs work with grantees to
avoid or minimize any negative impacts to migratory birds that may occur when
implementing a grant.
(2) For scientific research grants on migratory birds, project
officers work with grantees to make sure they are fully trained in the
research methods to prevent negative impacts to birds (e.g., mist netting or
other banding techniques).
(3)
The Western Hemisphere Program and
the Russian Program (i.e., for migrants shared between the Russian Far East
and Alaska) integrate into their programs, as appropriate, migratory bird
conservation efforts that positively affect species of concern. The Western
Hemisphere Program and the Russian Program are adding an additional criterion
to their proposal review sheets.
(4) Staff seeks opportunities to work with the World
Bank, Asian Development Bank, the State Department's Agency for International
Development, and other international programs that affect U.S. migratory bird
species traveling outside the United States. Its objective is to promote
conservation of migratory birds and avoid take of those birds.
2.14 How does the Service’s Business Management and Operations program
implement E.O.
13186? Our Business Management and Operations staff coordinates
closely with other Service programs to ensure that:
A. Employees closely adhere to the Memorandum on Environmentally
Beneficial Practices on Federal Landscaped Grounds, and
B. We incorporate best management practices into
facility design, maintenance and repair, hazardous materials management, and
mitigation to reduce or eliminate take of migratory birds. This includes
consulting with the Regional/CNO Migratory Bird program before beginning any
engineering project that may adversely affect migratory birds.
|