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    MBTA permits and the shutdown


    Ellen Paul
    • Author: Ornithological Council

      This news and analysis are provided by the Ornithological Council, a consortium supported by 11 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

      Under federal regulation, you are authorized to continue doing the work for which you have been issued an MBTA permit after that permit expires IF you have applied for renewal at least 30 days prior to the permit expiration date. Continue reading for important detail.

      Update 30 Jan 2019 on BIRD BANDING PERMITS: We are advised by the BBL that the backlog of work awaiting them upon return from the shutdown return is daunting. Permit renewals were the #1 priority for the BBL permit office. The BBL staff has completed that task for the permits that expired in December/January and should have the February permits (that we have received) renewed before the end of the week. Any bander with a permit that expires in February or March should request renewal before Feb. 15 in case of a second shutdown. The BBL is turning our attention to the other permit related requests and will plow through that backlog as fast as week can, prioritizing those banding activities that are planned to start within the next month or so. They should be caught up with the band order requests by early next week. Operationally, the banding community should not experience many problems for ongoing operations as a result of the shutdown. They should be caught up before the activities for the 2019 field season crank up in May/June unless they experience another shutdown in mid-February.

       

       

    This news and analysis are provided by the Ornithological Council, a consortium supported by 11 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

    As the shutdown drags on, some of you may be concerned about the fact that your MBTA permits are expiring. You need not worry because 50 CFR 13.22 expressly authorizes continuation of the permitted activity but ONLY IF:

    § 13.22
        Renewal of permits.
        (a) Application for renewal. Applicants for renewal of a permit must submit a written application at least 30 days prior to the expiration date of the permit. Applicants must certify in the form required by § 13.12(a)(5) that all statements and information in the original application remain current and correct, unless previously changed or corrected. If such information is no longer current or correct, the applicant must provide corrected information.
        (b) Renewal criteria. The Service shall issue a renewal of a permit if the applicant meets the criteria for issuance in § 13.21(b) and is not disqualified under § 13.21(c).
        (c) Continuation of permitted activity. Any person holding a valid, renewable permit may continue the activities authorized by the expired permit until the Service acts on the application for renewal if all of the following conditions are met:
        (1) The permit is currently in force and not suspended or revoked;
        (2) The person has complied with this section; and
        (3) The permit is not a CITES document that was issued under part 23 of this subchapter (because the CITES document is void upon expiration).

    Therefore, if you wish to take advantage of this provision, go ahead and file your application to renew. No one will be there to process it (unless DOI accedes to the request made by the Ornithological Council to allow the MBTA permit staff to return to work) but you will have satisfied the requirements of this provision.

    We encourage you to send the renewal application by FedEx so you will have proof of the date sent.

    Note that if you fail to comply with these conditions, your renewal application could be denied.

    If your animal use protocol is up for renewal, you may want to provide this information to your IACUC. The Ornithological Council will post the information on the IACUC Administrator's listserve.

    Edited by Ellen Paul


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