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Services  >>  Conserve  >>  Natural Resources  >>  Migratory Bird Management
What is it?

Migratory birds are some of nature’s most magnificent resources. They have a significant role in the health of the environment, economy, and culture in the U.S. and internationally. 

Each spring and fall season are marked by massive movements of birds called migration.  The primary motivation for migration appears to be food; for example, some hummingbirds choose not to migrate if fed through the winter.  The most common pattern involves flying north in the spring to breed in the temperate or Arctic summer and returning in the autumn to wintering grounds in warmer regions to the south where the available food supply varies little with the season.  Also, the longer days of the northern summer provide extended time for breeding birds to feed their young.

Many bird populations migrate long distances along a specific migratory route is called a flyway.  There are four migratory bird flyways covering North America (Atlantic, Central, Mississippi, Pacific).

The U.S. Fish and Wildlife Service (FWS) has been directed by Congress to ensure the perpetuation of migratory bird populations and their habitats. The Migratory Bird Treaty Act (MBTA) and associated program seeks to conserve migratory bird populations and associated habitats for future generations, through careful monitoring and effective population management.

What has the Army done?

Army installations provide habitat to hundreds of species of migratory birds during the breeding and/or winter season or as stopover sites during migration.  Executive Order 13186 requires federal agencies to implement conservation and management efforts, programs to benefit and efforts to minimize impacts on migratory birds with emphasis on migratory bird species of concern.

FWS and Department of Defense (DoD) signed a Memorandum of Understanding (MOU) in July 2006 that outlines a collaborative approach to promote the conservation of migratory bird populations.  The MOU has been extended until July 31, 2013.

The MOU identifies specific activities where cooperation between the parties will contribute substantially to the conservation of migratory birds and their habitats.  The MOU specifically pertains to the following categories of DoD activities:

  1. Natural resource management activities, including, but not limited to, habitat management, erosion control, forestry activities, agricultural outleasing, conservation law enforcement, invasive weed management, and prescribed burning;
  2. Installation support functions, including but not limited to, the maintenance, construction or operation of administrative offices, military exchanges, road construction, commissaries, water treatment facilities, storage facilities, schools, housing, motor pools, non-tactical equipment, laundries, morale, welfare, and recreation activities, shops, landscaping, and mess halls;
  3. Operation of industrial activities;
  4. Construction or demolition of facilities relating to these routine operations; and
  5. Hazardous waste cleanup.

This MOU does not authorize the take of migratory birds. 

What does the Army have planned?

If the Army determines a proposed or an ongoing military readiness activity may result in a significant adverse effect on a population of a migratory bird species, then they must confer and cooperate with the FWS to develop appropriate and reasonable conservation measures to minimize or mitigate identified significant adverse effect(s).

A military readiness activity is defined as: “…all training and operations of the Armed Forces that relate to combat, and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use.”  This does not include the routine operation of installation operating support functions, such as administrative offices, military exchanges, commissaries, water treatment facilities, storage facilities, motor pools, morale, welfare, and recreation activities, and mess halls; the operation of industrial activities; or the construction or demolition of facilities listed above.

There is currently no authorization under the MBTA for DoD to unintentionally take migratory birds during a military non-readiness activity.  So it is the FWS prosecutorial discretion on whether to pursue a MBTA violation related to unintentional take of a migratory bird during a non-readiness activity.

In FY11, installations started entering specific data on migratory bird species in the Army Environmental Database - Environmental Quality (AEDB-EQ).  This data helps the Army plan how to best comply with its obligations under MBTA and perpetuate its role as an active and effective steward of public land while carrying out its military mission.  Additionally, the data provides Headquarters, Department of the Army (HQDA) with the necessary to information for the Defense Environmental Program Annual Report to Congress (DEPARC).

Why is this important?

In general it is illegal to intentionally or unintentionally “take” a migratory bird under the MBTA without a permit from the US Fish & Wildlife Service (FWS).  A “take” is defined as “pursue, hunt, shoot, wound, kill, trap, capture or collect.”  However, there are a few exceptions to the rule.  Unintentional take during military readiness activities and humane removal of migratory birds (other than federally listed threatened or endangered species) from inside a building are allowed.  The FWS amended 50 CFR Part 21.12(d) to allow for humane removal of migratory birds (other than federally listed threatened or endangered species) from inside a building if the bird poses a public health or safety threat, a threat to commercial interests, or a threat to themselves.  A permit may be needed before removing a Federal threatened or endangered species (50 CFR 17.21; 50 CFR 17.31).  A permit is needed from the Regional FWS Migratory Bird Permit office for removing a Bald or a Golden Eagle (50 CFR 22).

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