Laura Bies

The U.S. Fish and Wildlife has finalized three rules regarding implementation of the Endangered Species Act. The rules, which address changes to the ESA put in place during the previous administration, cover (1) listing/delisting and designation of critical habitat, (2) the “blanket” 4(d) rule, and (3) interagency consultation.

Changes to the listing, delisting, and critical habitat process include rolling back revisions introduced in 2019 that made it more difficult for the USFWS to designate areas outside a species’ current and historic range as “critical habitat.” These new changes give the agency the ability to designate as critical habitat those areas outside a species’ current range that could serve as future habitat, in light of landscape-level changes from climate change. The USFWS also clarified that, when determining whether a species is likely to become endangered in the “foreseeable future,” the “foreseeable future extends as far into the future as the Services can make reasonably reliable predictions” regarding threats to species. The previous rule required that the agency find that those impacts were “likely.”

The second change involves the “blanket” 4(d) rule. For some 40 years leading up to the Trump administration, this rule automatically extended the same protection to threatened species that endangered species received under the ESA, while allowing the USFWS to draft special species-specific rules as needed to permit activities that could harm the threatened species. The previous administration revoked this rule, but this week’s final rule puts it back in place.

The changes to interagency consultation would allow the agency to impose mitigation as a condition in “no-jeopardy” biological opinions to offset unavoidable take of listed species. Mitigation will be used only after avoidance and minimization measures are applied, in cases where there is remaining, unavoidable take. The rule also removed a provision added in 2019 that described when an effect or consequence of an action would be “reasonably certain to occur” based on “clear and substantial” information. The agency stated that this new provision created confusion when considered alongside the  long-standing “best available science” requirement.

Read the USFWS Press Release here.

About the Ornithological Council

The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management.  The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!

The Center for Biological Diversity and other partners have petitioned the U.S. Fish and Wildlife Service to list the Wilson’s Phalarope (Phalaropus tricolor) as threatened under the Endangered Species Act.

Wilson’s Phalarope is a shorebird that breeds in interior North America and migrates to South America for the winter. According to the petition, “It is facing the imminent threat of becoming an endangered species due to the ecological collapse and desiccation of saline lakes in the Great Basin, a critical link in its migratory journey.”

The worldwide population of Wilson’s Phalaropes was estimated at 1.5 million in the 1980’s. Various sources cited in the petition indicate that there has been a significant decline since then,  around 75%. While Wilson’s phalarope was included by the USFWS in the 2002 Birds of Conservation Concern, due to widely reported declines, it has not been included in more recent BCC reports.

The USFWS now has 90 days to respond to the petition.

Read the press release from the Center for Biological Diversity here.

Read the petition submitted to the USFWS here.

About the Ornithological Council

The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management.  The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!

The Migratory Birds of the Americas Conservation Enhancements Act (H.R.4389) has been advanced by the U.S. House of Representatives Natural Resources Committee. The bill, which was introduced in June, would reauthorize the Neotropical Migratory Bird Conservation Act Grants Program for the next five years and would lower the cost share ratio to two to one, with the goal of making the NMBCA’s competitive grants more accessible to smaller conservation organizations. As introduced, the Migratory Birds of the Americas Conservation Enhancements Act would have increased the annual funding that is authorized for the program from $6.5 million to $10 million. The committee, however, amended the bill before passing it out of committee, keeping the annual authorized funding at the current level of $6.5 million. The Migratory Birds of the Americas Conservation Enhancements Act now goes to the House floor for a vote. 

The Bill was also introduced during the previous Congress. 

Read more about the bill from American Bird Conservancy (and learn how to encourage your Member of Congress to vote for its passage on the floor!). 

UPDATE 4/10/2024 - The Migratory Birds of the Americas Conservation Enhancements Act has passed the House of Representatives! The bill now needs to be considered and passed by the Senate. 

The U. S. Fish and Wildlife Service has released the 2009-2019 Wetlands Status and Trends national report, the 6th in a series of congressionally mandated reports spanning nearly 70 years. This latest report provides scientific estimates of wetland area in the conterminous United States, as well as changes in area between 2009 and 2019. It also discusses drivers of wetland change and recommendations to reduce future wetland loss. 

The report documents a substantial loss and alteration of wetlands between 2009 and 2019. Net loss of wetlands increased more than 50% since the previous study. Overall, 221,000 acres of wetlands (primarily upland) were lost during the report period. As of 2019, wetlands cover less than 6 percent of the conterminous United States, half the area they covered since the 1780s.

The report notes that, “up to half of North American bird species and ~80% of protected birds depend on wetlands.” It calls for a strategic adjustment to achieve no net loss of wetlands.

Read the report here and the press release from the USFWS below.

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USFWS Press Release

Continued Decline of Wetlands Documented in New U.S. Fish and Wildlife Service Report: More than half of wetlands in the lower 48 states are gone, and losses continue, mostly in the Southeast, Great Lakes and Prairie Pothole regions.

Mar 22, 2024

WASHINGTON — A new report released by the U.S. Fish and Wildlife Service reveals wetlands – 95 percent of which are freshwater — covered less than 6 percent of the lower 48 states as of 2019 – which is half the area they covered since the 1780s. The report also identifies that loss rates have increased by 50 percent since 2009 and that without additional conservation actions taken to protect these ecosystems, wetland loss will likely continue, reducing ecosystem benefits for people and habitat for fish, wildlife and plants. 

This sixth edition of the national “Wetlands Status and Trends” report to Congress measured wetland change from 2009 to 2019 and builds on data from a series of reports spanning 70 years, highlighting the importance of wetlands. 

“The reasons for these losses are multiple, but the results are clear – wetland loss leads to the reduced health, safety and prosperity of all Americans,” said Martha Williams, Director of the U.S. Fish and Wildlife Service. “This report serves as a call to action to stop and reverse wetland loss and ensure we continue to provide future generations with clean water, protection against natural disasters, and resilience to climate change and sea level rise, as well as habitat for many plants and animals.” 

The report shows wetland loss has disproportionately impacted vegetated wetlands like marshes and swamps. The rapid disappearance of vegetated wetlands between 2009 and 2019 has resulted in a loss of 670,000 acres, an area approximately equal to the land area of Rhode Island. Declines in vegetated wetlands primarily occurred in the Southeast, Great Lakes, and Prairie Pothole regions. Decreases were particularly prevalent in the coastal watersheds of the Carolinas, the Delmarva Peninsula, Florida, Louisiana and Texas, as well as near the Mississippi and Mobile rivers.

The main drivers of wetland loss have shifted over time. In the mid-1900s, loss was primarily caused by drainage and fill associated with agriculture. During the 2009 through 2019 study period, loss was associated with development, upland planted forest, and agriculture. However, other drivers also likely contributed to the loss, including climate change and sea level rise, especially along the coasts.

To achieve no net loss of all wetlands, including vegetated wetlands, the report concludes that a strategic update is needed to America’s approach to wetland conservation. Conserving and restoring vegetated wetlands will be critical to addressing climate change and threats to biodiversity.

Wetlands are one of the most productive and biodiverse habitats, with 40 percent of all plant and animal species living or breeding in wetlands. Threatened and endangered species are no exception, with approximately half of all Endangered Species Act species in the United States being wetland dependent. Wetlands provide stopover and wintering habitats for more than 4 billion birds from Canada as well as breeding habitats for nearly five billion migratory birds en route to the tropics. Wetlands also provide shelter and vital nursery habitat for many species of fish and are an important source of cultural resources for communities and many Native American Tribes.

Positioned at the transition between dry land and deepwater systems, wetlands are characterized by unique biological, chemical and hydrological conditions. Wetlands provide a multitude of ecological, economic and social benefits, as well as habitat for fish, wildlife and a variety of plants. Wetlands hold and slowly release flood water and snow melt, buffer against coastal storms, recharge groundwater, act as filters to cleanse water of impurities, recycle nutrients and provide recreational opportunities for millions of people. Wetlands are also nurseries for many salt and freshwater fishes and shellfish of commercial and recreational importance.

The Service uses funding sources like the Bipartisan Infrastructure Law to invest in conservation efforts to combat climate change and restore ecosystems that will provide long-lasting benefits to the American people. Within the Service and many other federal agencies, the Wetlands Status and Trends reports guide the funding, planning and implementation of wetland protection, restoration and enhancement, habitat assessments, strategic habitat conservation, and ecosystem management activities. To read the report, visit https://www.fws.gov/project/2019-wetlands-status-and-trends-report For related images, visit https://www.flickr.com/photos/usfwshq/albums/72177720314317155

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About the Ornithological Council

The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management.  The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!

A bill recently introduced in the U.S. House would provide funding to states for wildlife management and conservation. The America's Wildlife Habitat Conservation Act, would provide $300 million annually for five years, offset by rescinding $1.4 billion in unspent funds, with a focus on state-led conservation efforts. It would also amend some provisions of the Endangered Species Act.

The House Natural Resources Committee held a hearing on the America's Wildlife Habitat Conservation Act, earlier this week. View the recording and read witness statements here.  A representative of the National Audubon Society testified at the hearing, stressing the importance of permanent and dedicated funding for wildlife management and conservation.

The bill is similar to the Recovering America’s Wildlife Act, landmark legislation that would provide permanent, reliable funding to states and tribes to assist in their efforts to conserve, restore. A key different is that funding from the Recovering America's Wildlife Act would be permanent and dedicated funding. RAWA would amend the Pittman-Robertson Act and provide an additional $1.3 billion per year for states and territories and $97.5 million per year for tribes, allowing them to implement state and tribal wildlife action plans which designed to conserve over 12,000 species of the greatest conservation need.  Currently, Pittman-Robertson program collects about $1 billion a year from excise taxes on sporting goods and related products and distributes it to states. That funding mechanism would remain unchanged by RAWA.

RAWA, first introduced in 2016, was passed by the House of Representatives last year and has bipartisan support in the Senate as well, but lawmakers could not decide how to pay for the bill, preventing its passage.

About the Ornithological Council

The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management.  The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!

The Biden Administration has released its budget request for Fiscal Year 2025, which begins on October 1. This proposed budget provides a starting point for the annual federal budget process; actual appropriations are determined by Congress and included in the annual appropriations bills. (Despite the fact that the current fiscal year is half over, Congress is still in the process of finalizing this year’s appropriations.)

The administration’s budget request for FY 2025 includes increases for most programs involving bird conservation, research, and management. Under the request, the U.S. Fish and Wildlife Service proposed budget would include an increase of $113 million above the 2023 enacted level (which is also $163 million above the FY 2024 continuing resolution). The USFWS Migratory Bird Management Program would receive $73.1 million under the request, $19.2 million more than the appropriated amount from FY 2023 enacted amount (and $19.8 million above FY 2024 CR). This would include $8 million to support staff handling migratory bird permitting in the USFWS regional offices. The request would also consolidate funding for the ePermits system into one line item, and includes an additional $6 million for system development activities.

The USFWS budget request also includes a $60.8 million increase for the National Wildlife Refuge System, as well as $338.2 million for the Ecological Services program to support conservation of species listed under the Endangered Species Act.

While most USFWS programs would see an increase, some grant programs would see reduced funding. For the North American Wetlands Conservation Fund, the 2025 budget request is $33.0 million, $17.0 million less than the FY 2024 level.

The FY 2025 USGS budget request is $1.6 billion, an increase of $81.1 million above FY 2024, and includes $326.1 million for the ecosystems programs ($18.9 million above FY 2024). The USGS Cooperative Research Units are funded at $29.8 million, $1.6 million above FY 2024.

Learn more about the FY2025 budget request -

Read the U.S. Fish and Wildlife Service press release.

Read the USFWS FY25 Budget Highlights. 

Read the USFWS FY25 Budget Justification. 

Read the Department of the Interior’s press release here and DOI Budget in Brief for FY2025 here.  

About the Ornithological Council

The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management.  The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!

From the Natural Science Collections Alliance:

In 2020, an ad hoc committee of the National Academies of Science, Engineering, and Medicine (NASEM) released its report, Biological Collections: Ensuring Critical Research and Education for the 21st Century. Recommendation 8-1 of the report called for the establishment of a national Action Center for Biological Collections, which was codified into law by the U.S. Congress as part of the CHIPS and Science Act of 2022. In 2023, a series of webinars and national workshops brought together around 300 biological collections curators, collections managers, museum leaders, research and early career professionals, Artificial Intelligence (AI) experts, and related stakeholders to envision the features and functions of such an action center. The series was co-sponsored by iDigBio, NSC Alliance, Society for the Preservation of Natural History Collections, American Institute of Biological Sciences, National Museum of Natural History, New York Botanical Garden, Natural History Museum of Los Angeles County, and the Field Museum.

Recommendations from these workshops are now available in a newly released white paper, Envisioning a Natural History Collections Action Center.  The recommendations underscore and strengthen the essential role that biological samples and repositories play in medical science, human health, food security, pathogen-borne disease, biosecurity, a strong bioeconomy, mitigating deleterious effects of climate change, and conserving ecological services for human use and subsistence. 

Workshop organizers are now inviting individuals to register your support for the findings presented in the white paper.  Although this is a U.S. report, collections professionals from around the world are invited to show their support. The results of this survey as well as the white paper will be shared with the U.S. National Science Foundation.

The Interior bill included increases for "wildland fire management activities and continued wildland firefighter base salary increases." Overall, $1.5 billion is provided for these activities (I'm not sure yet how much of an increase that is over FY 2023). 

The U.S. House of Representatives and Senate Appropriations Committee have released a package of six appropriations bills for Fiscal Year 2024 (which started on Oct. 1, 2023). The federal government has been operating under a series of continuing resolutions (or funding extensions) since the beginning of the fiscal year.

The package includes a bill that provides funding for the Department of the Interior, home to many programs related to bird research, management, and conservation.  While overall funding levels for Interior would remain the same as FY 2023, many agencies with the department would see budget cuts. Proposed reductions from the previous fiscal year include $51 million for the U.S. Fish and Wildlife Service, $150 million for the National Park Service, and $42 million for the U.S. Geological Survey.

Within the U.S. Fish and Wildlife Service, the Migratory Bird Management Program would receive $53.2 million, including $30.4 million for Conservation and Monitoring; $5.4 for Permits; $591,000 for the Federal Duck Stamp program; and $16.82 million for the North American Waterfowl Management Plan/Joint Ventures program. The bill would also provide $49 million for the North American Wetlands Conservation Fund and $5 million for the Neotropical Migratory Bird Conservation Fund.

Congress will likely vote on the spending package this week, averting a partial government shutdown.

About the Ornithological Council

The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management.  The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!

The petition referenced above, with 5,788 signatures, has been submitted to the American Ornithological Society by Stability for English Bird Names, asking the AOS to reverse their decision to remove all eponymous bird names. Read more here. 

According to new reports from Reuters, avian influenza has now been confirmed in samples from dead skuas found near the Antarctic base Primavera. Learn more here. 

In October 2023, the British Antarctic Survey detected highly pathogenic avian influenza during sampling of sick and dead brown skuas on Bird Island, in the South Atlantic Ocean north of mainland Antarctica. 

This week, HPAI was detected in Wandering Albatrosses (Diomedea exulans) on the subantarctic islands of South Georgia. Learn more about this outbreak here. 

A federal district court has upheld the U.S. Fish and Wildlife Service’s listing of the Southwestern Willow Flycatcher (Empidonax traillii extimus).

In late 2021, the New Mexico Cattle Growers’ Association filed suit challenging the 1995 listing of the southwestern willow flycatcher under the Endangered Species Act. When first listed, there were an estimated 300 to 500 nesting pairs of the bird lived in the United States and Mexico. 

In their lawsuit, the New Mexico Cattle Growers’ Association argued that Southwestern Willow Flycatcher is not a valid subspecies and therefore not eligible for protection under the ESA. The Maricopa Audubon Society and the Center for Biological Diversity intervened in the case, supporting the USFWS and urging the court to retain federal protections for the birds.

This week, the court dismissed the lawsuit, upholding the USFWS’s decision that the Southwestern Willow Flycatcher is a distinct subspecies eligible for protection. 

Read the court's opinion here. 

PRESS RELEASE FROM THE CONVENTION OF MIGRATORY SPECIES OF WILD ANIMALS

Samarkand, 12 February 2024 – The first-ever State of the World’s Migratory Species report was launched today by the Convention on the Conservation of Migratory Species of Wild Animals (CMS), a UN biodiversity treaty, at the opening of a major UN wildlife conservation conference (CMS COP14). The landmark report reveals:

While some migratory species listed under CMS are improving, nearly half (44 per cent) are showing population declines.

More than one-in-five (22 per cent) of CMS-listed species are threatened with extinction.

Nearly all (97 per cent) of CMS-listed fish are threatened with extinction.

The extinction risk is growing for migratory species globally, including those not listed under CMS.

Half (51 per cent) of Key Biodiversity Areas identified as important for CMS-listed migratory animals do not have protected status, and 58 per cent of the monitored sites recognized as being important for CMS-listed species are experiencing unsustainable levels of human-caused pressure.

The two greatest threats to both CMS-listed and all migratory species are overexploitation and habitat loss due to human activity. Three out of four CMS-listed species are impacted by habitat loss, degradation and fragmentation, and seven out of ten CMS-listed species are impacted by overexploitation (including intentional taking as well as incidental capture).

Climate change, pollution and invasive species are also having profound impacts on migratory species.

Globally, 399 migratory species that are threatened or near threatened with extinction are not currently listed under CMS.

Until now, no such comprehensive assessment on migratory species has been carried out. The report provides a global overview of the conservation status and population trends of migratory animals, combined with the latest information on their main threats and successful actions to save them.

Inger Andersen, Under-Secretary-General of the United Nations and Executive Director of the United Nations Environment Programme said: “Today’s report sets out the evidence that unsustainable human activities are jeopardizing the future of migratory species – creatures who not only act as indicators of environmental change but play an integral role in maintaining the function and resilience of our planet’s complex ecosystems. The global community has an opportunity to translate this latest science of the pressures facing migratory species into concrete conservation action. Given the precarious situation of many of these animals, we cannot afford to delay, and must work together to make the recommendations a reality.”

Billions of animals make migratory journeys each year on land, in the oceans and rivers, and in the skies, crossing national boundaries and continents, with some travelling thousands of miles across the globe to feed and breed.

Migratory species play an essential role in maintaining the world’s ecosystems, and provide vital benefits, by pollinating plants, transporting key nutrients, preying on pests, and helping to store carbon.

Prepared for CMS by conservation scientists at the UN Environment Programme World Conservation Monitoring Centre (UNEP-WCMC), the CMS State of the World’s Migratory Species report uses the world's most robust species data sets and features expert contributions from institutions including BirdLife International, the International Union for Conservation of Nature (IUCN) and the Zoological Society of London (ZSL).

The main focus of the report is the 1,189 animal species that have been recognized by CMS Parties as needing international protection and are listed under CMS, though it also features analysis linked to over 3,000 additional non-CMS migratory species.

Species listed under the Convention are those at risk of extinction across all or much of their range, or in need of coordinated international action to boost their conservation status.

Steppe Eagles © Rakesh Sharma/Getty Images

Amy Fraenkel, CMS Executive Secretary, said: “Migratory species rely on a variety of specific habitats at different times in their lifecycles. They regularly travel, sometimes thousands of miles, to reach these places. They face enormous challenges and threats along the way, as well at their destinations where they breed or feed. When species cross national borders, their survival depends on the efforts of all countries in which they are found. This landmark report will help underpin much-needed policy actions to ensure that migratory species continue to thrive around the world.”

While there have been positive trends for numerous CMS species, the report’s findings underscore the need for greater action, for all migratory species. The listing of species under CMS means that these species require international cooperation to address their conservation. But many of the threats facing these species are global drivers of environmental change – affecting biodiversity loss as well as climate change. Thus, addressing the decline of migratory species requires action across governments, the private sector and other actors.  

Over the past 30 years, 70 CMS-listed migratory species – including the steppe eagle, Egyptian vulture and the wild camel – have become more endangered. This contrasts with just 14 listed species that now have an improved conservation status – these include blue and humpback whales, the white-tailed sea eagle and the black-faced spoonbill.

Most worryingly, nearly all CMS-listed species of fish – including migratory sharks, rays and sturgeons – are facing a high risk of extinction, with their populations declining by 90 per cent since the 1970s.

Analysing the threats to species, the report shows the huge extent to which the decline in migratory species is being caused by human activities.

The two greatest threats to both CMS-listed and all migratory species were confirmed as overexploitation – which includes unsustainable hunting, overfishing and the capture of non-target animals such as in fisheries – and habitat loss, degradation and fragmentation – from activities such as agriculture and the expansion of transport and energy infrastructure.

One key priority is to map and take adequate steps to protect the vital locations that serve as breeding, feeding and stopover sites for migratory species. The report shows that nearly 10,000 of the world’s Key Biodiversity Areas are important for CMS-listed migratory species, but that more than half (by area) are not designated as protected or conserved areas. Fifty-eight per cent of monitored sites important for CMS-listed species are under threat due to human activities.

Blue Shark © Alessandro Cere

The report also investigated how many migratory species are at-risk but not covered by the Convention. It found 399 migratory species – mainly birds and fish, including many albatrosses and perching birds, ground sharks and stingrays – are categorised as threatened or near-threatened but are not yet CMS-listed.

While underscoring the concerning situation of many species, the report also shows that population and species-wide recoveries are possible and highlights instances of successful policy change and positive action, from local to international. Examples include coordinated local action that has seen illegal bird netting reduced by 91 per cent in Cyprus, and hugely successful integrated conservation and restoration work in Kazakhstan, which has brought the Saiga Antelope back from the brink of extinction.

The State of the World’s Migratory Species report issues a clear wake-up call, and provides a set of priority recommendations for action, which include:  

Strengthen and expand efforts to tackle illegal and unsustainable taking of migratory species, as well as incidental capture of non-target species,

Increase actions to identify, protect, connect and effectively manage important sites for migratory species,

Urgently address those species in most danger of extinction, including nearly all CMS-listed fish species,

Scale up efforts to tackle climate change, as well as light, noise, chemical and plastic pollution, and,

Consider expanding CMS listings to include more at-risk migratory species in need of national and international attention.

The UN wildlife conservation conference (CMS COP14) starting today in Samarkand, Uzbekistan is one of the most significant global biodiversity gatherings since the adoption of the Kunming-Montreal Global Biodiversity Framework (Biodiversity Plan). It will also be the first COP of any global environmental treaty to take place in Central Asia, a region home to many migratory species including the Saiga Antelope, the Snow Leopard, and many species of migratory birds. Governments, wildlife organisations and scientists have come together at the week-long meeting to consider actions to advance implementation of the Convention. The State of the World’s Migratory Species report will provide the scientific grounding along with policy recommendations to set the context and provide valuable information to support the deliberations of the meeting. 

Read this press release online. 

Read the report.

APHIS is reminding the public of the final rule establishing new regulations and standards governing the humane handling, care, treatment, and transportation of birds covered by the Animal Welfare Act. The final rule applies to captive birds not bred for use in research. Please see the stakeholder announcement below.

Questions about how this rule might apply to you?

The OC has prepared a fact sheet on this issue. You can also contact us directly, or reach out to the USDA: Sydney Hart, Sydney.Hart@usda.gov.

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PRESS RELEASE FROM USDA

USDA Reminds the Public About Animal Welfare Act Regulations for Birds

WASHINGTON, February 15, 2024 – The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is reminding the public of the final rule establishing new regulations and standards governing the humane handling, care, treatment, and transportation of birds covered by the Animal Welfare Act (AWA). The final rule applies to captive birds not bred for use in research.  

For new AWA licensees and registrants, this rule will go into effect on February 21, 2024. For current AWA licensees and registrants, this rule went into effect on August 21, 2023. The final rule will help ensure all birds subject to the AWA are raised and cared for in conditions that ensure their good health and well-being, and that their physical and behavioral needs are met. This final rule may be viewed in the Federal Register.  

More information regarding birds covered under the AWA, including frequently asked questions and informational videos, can be found on the USDA APHIS website: USDA APHIS | AWA Standards for Birds

To learn more about licensing or registration under the AWA or to apply for a license or registration, please visit the USDA APHIS website: USDA APHIS | Apply for a License or Registration

USDA APHIS encourages distribution of this information to individuals, organizations, industry groups, and other stakeholders interested in learning about birds covered under the AWA. APHIS is committed to ensuring the welfare of regulated animals and continues to carry out the critical day-to-day work of enforcing the AWA, including establishing acceptable standards of humane care and treatment for regulated animals and monitoring and achieving compliance through inspections, enforcement, education, and cooperative efforts.

The U.S. Fish and Wildlife has released updated permitting regulating the incidental take of Bald and Golden Eagles protected by the Bald and Golden Eagle Protection Act. Under the final rule, the agency has created a simplified, voluntary permit system, which it hopes will increase industry participation and therefore provide more conservation benefits for eagles.

The USFWS first released the proposal in September 2022. Public comments submitted on that proposal led the agency to make some changes before releasing the final rule, such as the introduction of a scaled-fee structure for permits. The USFWS also modified the requirements for monitoring, allowing “industry self-monitoring conducted "according to Service protocols" by project staff.

The value of third party monitoring was stressed in the comments submitted to the Ornithological Council. While the proposal would eliminate the need for independent third party monitoring, the OC’s comments expressed concerned about a permitting scheme that would rely solely on permittees performing regular monitoring and self-reporting eagle deaths. We believe that independent monitoring is essential and that the cost should be borne by the permittee. Monitors should be qualified biologists who are trained in a standard methodology that has been peer-reviewed and field-tested.

The OC's comments also encouraged that permit conditions should provide that all carcasses and bird parts must be collected and preserved according to established protocols. All carcasses and parts that are not needed by the USFWS for law enforcement purposes or for the National Eagle repository, or by Tribes, should be offered to museums and ornithologists for research.

The OC also encouraged the agency to put in place standard permits conditions that would allow systematic monitoring at their project sites by USFWS staff or contractors. Further, permit conditions should encourage access for researchers to study the effects of their projects on all migrator birds, not just eagles. Some wind energy facilities may cause substantial  avian mortality, and access for research can be difficult to secure. A better understanding of avian mortality and the behavioral changes associated with wind turbines, would benefit the agency, the permit holder, and the birds themselves.

A permit system for the incidental, or unintentional, take of Bald and Golden Eagles was first introduced in 2009, and revised in 2016. The newly released permit system consists of general permits, for situations that pose low risks to eagle populations and specific permits, and specific permits for situations that have high or uncertain risks to eagles. General permits can be obtained immediately through self-certifying that the applicants meets eligibility requirements and commit to implementing pre-identified conservation measures like designing equipment to reduce harm to eagles. Specific permits will require an application to be reviewed by USFWS staff.

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USFWS PRESS RELEASE

U.S. Fish and Wildlife Service Improves Permit Process to Benefit Bald and Golden Eagles

Increased participation in updated permit program will reduce impacts to eagles from projects and support broader conservation efforts

February 8, 2024
Contact: Vanessa Kauffman, 703-358-2138, vanessa_kauffman@fws.gov

As part of efforts to protect and conserve eagle populations and provide more certainty to industry, the U.S. Fish and Wildlife Service is announcing its final revised regulations for how it processes permits related to the incidental take of bald and golden eagles. While the recovery of bald eagles stands as a significant success in wildlife conservation, the future of golden eagle populations remains uncertain, and the Service remains committed to upholding the highest standards of compliance with laws to protect these species.

By simplifying the permitting process and developing a standard approach for take through general permits, the Service expects an increase in permit applications under the Bald and Golden Eagle Protection Act. With broader participation in the voluntary permit program, more projects will be consistently implementing avoidance, minimization and compensatory mitigation measures with the goal of increasing the conservation of eagles.

The Service has collaborated with stakeholders during the last few years to create conservation efforts that address increased interaction between eagles and various infrastructure types and development activities. These joint initiatives led to the development of best management practices that are reflected in the new permitting approach and will provide increased opportunities for industry to protect eagle populations.

“This regulation is a win for eagles and a win for critical infrastructure, such as power lines and wind energy projects,” said Service Director Martha Williams. “These innovative regulations establish more expedited general permits where activities and infrastructure pose low risks for bald and golden eagles, allowing the Service to direct our resources toward permit applications and conservation issues that will have the largest impact on eagle conservation. Through a collaborative and transparent process, we've streamlined the permitting process, making it more efficient while ensuring the preservation of these iconic species for future generations.”

The revised regulations include a new system of general permits in addition to the specific-permit system the Service has used in the past. These general permits allow applicants to receive immediate authorization by certifying that they meet eligibility requirements and commit to implementing pre-identified conservation measures like designing equipment to reduce harm to eagles. The general permits are designed for situations that pose low risks to eagle populations and are an alternative approach to authorize wind-energy generation projects, power-line infrastructure, disturbance of breeding bald eagles and bald eagle nest take. The Service will continue to review specific permits for situations that have high or uncertain risks to eagles to further the preservation of eagles. The Service also made improvements to the specific permit requirements and process, clarified definitions, and revised the permit fee structure. The updated approach to fee collection will support staffing and an online permit system for efficient processing, as well as continued conservation improvements such as GPS tracking to monitor populations and validation of additional methods to protect and benefit eagle populations.

The Bald and Golden Eagle Protection Act prohibits harm, possession, or disturbance of bald and golden eagles, their parts, nests, or eggs, except as permitted by federal regulations. The Secretary of the Interior is authorized to issue regulations allowing the taking of eagles for various purposes, provided it is compatible with the preservation of these species.

Permits for the incidental, or unintentional, take of eagles were first established in 2009, then revised in 2016 to authorize incidental take of bald eagles and golden eagles that results from a broad spectrum of activities, such as utility infrastructure, energy development, residential and commercial construction and resource recovery.

In September 2021, the Service published an Advance Notice of Proposed Rulemaking seeking input from Tribal governments, the public and the regulated community on maintaining and strengthening protections for eagles while considering potential approaches for further expediting and simplifying the permit process authorizing incidental take of eagles. In September 2022, the Service published a proposed rule and draft environmental assessment with approaches to improve the eagle incidental take permitting program to make the permitting process more efficient and effective. This final rule reflects additional adjustments to help streamline this process, following public input received through the public comment process.

In parallel to this rulemaking, the Service is continuing to review and approve mitigation providers and new compensatory mitigation methods that reduce threats and benefit eagle populations. The Service has already authorized methods for power pole retrofits and is actively working on additional mitigation methods. The Service encourages anyone interested in becoming a mitigation provider or with ideas for other mitigation measures to contact us.

The final rule will publish in the Federal Register on February 12, 2024, and will go into effect 60 days following publication, on April 12, 2024. The notice is available at http://www.regulations.gov, Docket Number: FWS-HQ-MB-2020-0023.

More information can be found online at: https://fws.gov/regulations/eagle.

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About the Ornithological Council

The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management.  The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!

The U.S. Fish and Wildlife Service recently released a proposal to both revise its existing Biological Integrity, Diversity, and Environmental Health (BIDEH) policy and implement a new rule that will guide management of national wildlife refuges. According to the USFWS, the proposals “will help provide a consistent, transparent, and science-based approach for evaluating both existing and new management practices at national wildlife refuges, in support of the mission of the National Wildlife Refuge System. These proposals will support conservation throughout the Refuge System and equip wildlife refuge managers with a framework to better tackle the dual threats of climate change and biodiversity loss.”

Given the challenges that climate change is bringing to the National Wildlife Refuge System, as it transforms historical the species composition and ecological function of habitats across the refuge system, the USFWS recognized the need to codify both existing and new practices for maintaining BIDEH to assist refuges in responding to contemporary conservation challenges.

The USFWS will accept comments on the proposal through March 4.

Read more in the USFWS press release here.

About the Ornithological Council

The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management.  The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!

The Canadian Council on Animal Care (CCAC) has released a new guidance document, CCAC guidelines: Categories of welfare impact. These new guidelines apply to all animal-based scientific activities that fall within the CCAC’s mandate, including research involving wildlife.

This new guidelines document establishes a new system for categorizing welfare impact, focusing not solely on the procedures performed but also considering the animal’s experience of the world, with a goal of more accurately reflecting the experiences of the animals used in scientific activities

The new categories take into account that not all animals experience similar procedures in the same way, and also acknowledges that animal welfare is affected by elements other than the experimental procedures, such as living conditions, phenotype, researcher experience, transportation conditions, and the animal’s cumulative lifetime experience.

Along with the new guidelines, the CCAC released supporting documents, including frequently asked questions, examples of how to categorize procedures, and an automated scoring tool (with instructions for use).

Learn more here.

About the Ornithological Council

The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management.  The Ornithological Council is financially supported by our ten member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!

Press release from the British Antarctic Survey:

Scientists from British Antarctic Survey have discovered four previously unknown emperor penguin breeding sites.

Changing sea ice conditions along Antarctica’s coastline have forced several emperor colonies to move in search of more stable sea ice to breed on; some known colonies have already moved 30-40km to new breeding grounds. Scientists searched for these new sites using satellites and, in the process, discovered colonies which had never been recorded before.

This includes the colony in Halley Bay which was previously thought to have vanished, which has re-established itself near the MacDonald Ice Rumples, 30km east of the old site, after the calving of the Brunt Ice Shelf.

With these new discoveries, and the re-establishment of Halley Bay, the total of known emperor penguin colonies now stands at 66.

Emperor penguin breeding sites are typically remote and inhospitable, so scientists use satellite imagery to discover and monitor emperor penguin colonies, as the brown stains of the birds’ brown guano stands out clearly against the stark white of ice and snow.

The team studied images from the European Commission’s Copernicus Sentinel-2 satellite mission, which were compared to and confirmed by high resolution images from the Maxar WorldView-3 satellite.

Despite these findings, predictions of future emperor penguin populations are stark; last year, British Antarctic Survey researchers reported catastrophic breeding failure of emperor penguins caused by sea ice loss.

Dr Peter Fretwell, who uses satellite imagery to monitor penguin populations at BAS says:

“These newly identified locations fill in almost all the gaps in the known distribution of these iconic birds. All except one of these colonies are small with less than 1000 birds, so finding these new colonies makes little difference to the overall population size. In fact, it is overshadowed by the recently reported breeding failures due to the early and fast ice loss.”

Emperor penguins are dependent on stable sea ice that is firmly attached to the shore – known as ‘land-fast’ ice – for most of the year. Once they arrive at their chosen breeding site, penguin lay eggs in the Antarctic winter from May to June. Their eggs hatch after 65 days but chicks do not fledge until between December and January.

Since 2016, Antarctic has seen the four years with the lowest sea ice extents in the 45-year satellite record, with the two lowest years in 2021/22 and 2022/23. As of August 2023, the sea ice extent was 2.2 million km2 lower than the 1981 – 2022 median, equivalent to an area larger than Greenland.

Emperor penguins have previously responded to incidents of sea ice loss by moving to more stable sites the following year. However, this strategy doesn’t work is sea ice is affected across an entire region.

Read the original release and view the accompanying graphics here. 

From the National Science Collections Alliance Washington Report:

Lawmakers Seek Another Extension in Deadlines to Complete Appropriations
 
Congress returned to Capitol Hill on January 8 facing the urgent task of negotiating fiscal year (FY) 2024 spending as a follow-on to the stopgap legislation currently funding the federal government. 
 
House Speaker Mike Johnson (R-LA) and Senate Majority Leader Chuck Schumer (D-NY) reached a long-sought deal on top-line spending levels last week allowing lawmakers to begin the work of negotiating and passing full-year spending bills.  The agreement aligns with the levels established in the debt ceiling agreement reached last spring between President Joe Biden and former Speaker Kevin McCarthy (R-CA).  However, partisan differences remain, making it a challenging path forward.  Overall, the $1.59 trillion agreement allows for $886 billion (+3 percent relative to FY 2023) in defense spending and $773 billion (essentially flat) in nondefense spending.
 
Lawmakers are facing a January 19 deadline to complete work on 4 out of 12 appropriations bills, including those for Agriculture-Rural Development, Energy-Water, Military Construction-Veterans Affairs, and Transportation-Housing and Urban Development.  For the remaining 8 bills, which include funding for science agencies such as the National Science Foundation and National Institutes of Health, the deadline is February 2. 
 
The funding fight has been complicated by the Republicans’ demand that spending measures be coupled with strict border security policies that Democrats are strongly opposed to.  In addition, members of the conservative House Freedom Caucus have threatened to paralyze House proceedings in protest against the top-line spending deal. 
 
Speaker Johnson rejected the demands for a new spending deal, defying the most conservative members of his party.  “Our top-line agreement remains, we are getting our next steps together, and we are working toward a robust appropriations process,” he said.
 
In the midst of this turmoil, House and Senate appropriations leaders have continued negotiations to determine top-line allocations for each of the 12 spending bills.  Failure to finalize spending legislation for all agencies by April 30 could activate a 1 percent across-the-board cut due to a provision in the debt legislation enacted last year.
 
With a partial shutdown looming this Saturday, House and Senate leaders reached a deal earlier this week to extend stopgap government funding until early March.  The January 19 deadline for the first 4 bills would be extended to March 1, while the February 2 deadline would be extended to March 8.  The Senate plans to vote on the stopgap measure today. If approved, it will head to the House, where the Speaker is likely to receive pushback from hardline members of his party.
  

The U.S. Fish and Wildlife Service is initiating a 5-year status review of the Alaska breeding population of Steller’s Eider (Polysticta stelleri). The Steller’s Eider is listed as threatened under the Endangered Species Act.

A 5-year status review is based on the best scientific and commercial data available at the time of the review. The USFWS is soliciting the submission of any new information on the species that has become available since the last 5-year reviews were conducted in 2019. According to the agency, the comments and recommendations that will be most useful and likely to be relevant to agency decisions are: (1) Those supported by quantitative information or studies; and (2) Those that include citations to, and analyses of, the applicable laws and regulations.

Comments should be submitted to the USFWS by March 11, and can be submitted via email or U.S. mail:

nathan_graff@fws.gov

U.S. Fish and Wildlife Service
Attention: Nathan Graff
Northern Alaska Fish and Wildlife Field Office
101 12th Avenue
Fairbanks, AK 99701

The U.S. Fish and Wildlife Service recently finalized the listing of the Black-capped Petrel (Pterodroma hasitata) as an endangered species under the Endangered Species Act (ESA).  

In 2018, the USFWS proposed listing the Black-capped Petrel as threatened. In May 2023, the comment period of that proposal was reopened in light of significant new information the the agency received after 2018. 

While the USFWS previously had determined that critical habitat for the species was not prudent, the agency now has determined in to be “prudent but not determinable,” since it does not have enough information to complete a critical habitat analysis. USFWS anticipates publishing proposed critical habitat for the Black-capped Petrel in 2024. 

The listing will go into effect on January 29. 

Read more in the USFWS' press release. 

The American Veterinary Medicine Association has a good recap of the current avian influenza situation here.  From the piece: 

"The largest epizootic of highly pathogenic avian influenza (HPAI) in the nation’s history is entering its third year, but there is hope. The U.S. Department of Agriculture (USDA) continues to evaluate several vaccines shown in initial studies to protect chickens against the deadly disease. A vaccine for turkeys is also underway. And researchers are looking into why the most recently circulating strain is one of the most virulent to date.

Since January 2022, multiple HPAI viruses have infected tens of millions of wild birds, commercial poultry flocks, and more than two dozen species of terrestrial and marine mammals worldwide. This bird flu panzootic has also spread across Africa, Asia, the Americas, Australia, Europe and even into Antarctica. Subsequent epidemiologic and genetic investigations determined that the Eurasian (EA) H5 and H5N1 subtypes of the HPAI A virus are the cause of most infections."

Field season is right around the corner. If you haven't already applied for your permits/renewals, you should do so right away! The OC is hearing that many permit applications and renewals - both state and federal - are taking longer than they used to, so please plan accordingly! Learn more, including helpful hints on applying for permits, on the front page here. 

The U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS )has completed the transition to its new eFile system, a digital platform that streamlines the permitting and licensing process for animal and plant health and animal welfare activities.

APHIS's Veterinary Services program is now issuing all permits for import, export, and transportation of animals and animal products, organisms, and vectors through the new eFile system.

Instructions about applying for the necessary permits to import to or export from the U.S. can be found in the Ornithological Council’s Import Guide.  If you have questions, please contact the OC!

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APHIS PRESS RELEASE

APHIS eFile Streamlines Permitting and Licensing for Faster, Simpler Process

Contact: 
APHISpress@usda.gov

WASHINGTON - December 20, 2023 - The U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) announces completion of its eFile system, a digital platform that streamlines the permitting and licensing process for animal and plant health and animal welfare activities.

APHIS eFile is a one-stop shop for all APHIS-issued registrations, permits, and other licenses. It allows stakeholders to apply for and manage permits and licenses online and provides real-time tracking of application status. APHIS eFile also automates many of the manual tasks involved in the permitting and licensing process, making it more efficient and accurate.

“APHIS eFile is a major step forward in modernizing our permitting and licensing process,” said Michael Watson, APHIS Acting Administrator. “It automates more than 70% of our licensing and permitting processes and makes it easier for stakeholders to comply with our regulations, so we can focus on protecting animal and plant health and welfare.”

APHIS’ Animal Care (AC), Plant Protection and Quarantine (PPQ), Veterinary Services (VS), and Biotechnology Regulatory Services (BRS) programs now all successfully provide customers and stakeholder services through eFile.  

APHIS eFile's successful implementation across these programs has yielded significant improvements for both customers and employees. AC's Learning Registration Assistant reduced calls to specialists by assisting over 57,100 users, while VS's Permitting Assistant helped avoid unnecessary applications and accelerated permit processing, issuing nearly 33, 500 permits. PPQ's eFile streamlined permitting issuance, reducing processing time from weeks to minutes, while BRS's Permitting Assistant empowered users by enabling them to determine permit requirements before applying. These achievements showcase APHIS’ efforts through eFile to modernize its regulatory services for its customers while ultimately supporting the Agency’s mission of safeguarding animal and plant health.

APHIS issues and manages all APHIS permits exclusively through eFile. To learn more about eFile, please visit the APHIS’ eFile website.

The U.S. Congress has left DC for the holidays, despite much unfinished business. As the end of the year approaches, little progress has been made on the appropriations bills for Fiscal Year 2024, which began on October 1.

The government is currently running under a continuing resolution, which expires on January 18 for four of the 12 appropriations bill and on February 2 for the remaining 8 bills. While the House has passed seven appropriations bills and the Senate has passed three, no bill has made it through both chambers.

Funding for many wildlife research and conservation programs is within the Department of the Interior and EPA bill. The House has passed an Interior/EPA bill, which contains many cuts from the previous fiscal year. The Senate bill has passed the appropriations committee, but not received a vote on the Senate floor. The continuing resolution provides funding for the agencies under this bill until February 2.

About the Ornithological Council

The Ornithological Council is a consortium of 10 scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management.  The Ornithological Council is financially supported by our ten member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!