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Laura Bies

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  1. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. In addition to freezing implementation of the Trump administration’s Migratory Bird Treaty Act rule, the new Biden administration has been busy, issuing countless executive orders and filling key staff positions within the federal agencies. In an executive order issued on his first day in office, President Biden called on federal agencies to review actions and policies implemented by the former administration related to the environment and energy – including the MBTA rule and the reduction of Northern Spotted Owl habitat. That order also put in place a temporary moratorium on federal activities related to oil and gas development on the coastal plain of Arctic National Wildlife Refuge and revoked the permit for the Keystone XL pipeline. President Biden also issued an executive order addressing the climate crisis, which creates the White House Office of Domestic Climate Policy and a National Climate Task Force, temporarily freezes new drilling on public lands, call for establishment of a Civilian Climate Corps Initiative, and commits to conserving at least 30 percent of lands and oceans by 2030. A seperate executive order formally reconstituted the President's Council of Advisors on Science and Technology. Biden also issued a “Memorandum on Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking” establishing a task force to review the effectiveness of scientific integrity policies issued since 2009 and calling on agencies to review their current and future needs for scientific advisory committees. Biden has also made steady progress filling appointed positions within the government. He has nominated Rep. Deb Haaland (D-NM) as Secretary of the Interior and Tom Vilsack as Secretary of Agriculture, as well as Michael Regan, secretary of the North Carolina Department of Environmental Quality, as the administrator of the Environmental Protection Agency. The Ecological Society of America has a handy transition tracker that provides information about nominations, hearings, and confirmation for positions related to the environment. The Washington Post is also tracking nominations for all 1250 positions that require Senate confirmation. 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 10 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!
  2. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The Department of the Interior announced yesterday that it would freeze implementation of the controversial Trump-era rule that changed the enforcement of the Migratory Bird Treaty Act to no longer apply to incidental take. That rule was set to go into effect on Feb. 8. The U.S. Fish and Wildlife Service has reopened the public comment period for an additional 20 days. Comments will be accepted until March 1 and can be submitted online or in hard copy (mailing address available here). The final rule is also the subject of litigation, after a court in August struck down the internal Interior memo on which the new rule is based. The Trump administration had indicated its intent to appeal that case; last week, the Biden administration asked for more time to consider whether to withdraw. In addition, environmental groups filed suit in two different cases last month asking the federal court to strike down the new rule. Reversal of the rule by the Biden administration would not be entirely surprising; Rep. Deb Haaland (D-N.M.), who has been nominated for Secretary of the Interior, co-sponsored a bill during the last Congress to reverse the Trump administration's reinterpretation of the MBTA. The federal register notice (published Feb. 9) is available here. 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 10 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!
  3. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The Ornithological Council has released its 2020 Annual Report. Learn more about what the OC does and what we accomplished on behalf of the ornithological community last year. Thanks for your support! 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 10 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!
  4. If you need an permit, the time to apply is...NOW! Do you need one? More than one? What should you do to make the process go quickly and smoothly? Your advisor has signed off on your research proposal. You’ve got your funding. Your IACUC has approved your protocols. What stands between you and your field work is a permit - or more than one! There are a number of things that you can do to make sure you get your Migratory Bird Treaty Act, Endangered Species Act, and state permits in time to get your field work underway. It can take up to 90 days to obtain a permit - longer if the permit examiner has questions or concerns. And, if you are applying to work on an endangered species, allow six months because the law requires the U.S. Fish and Wildlife Service to publish a notice in the Federal Register seeking public comment on all permits to "take" all species listed as endangered (but not threatened). Don't forget your state permits. Most states use the term "scientific collecting" to mean any research activity that involves capture and handling. Don't assume that because your research does not involve lethal take, you don't need a scientific collecting permit. In most states, you will need a state permit, although one or two states have some exceptions for banding permits. Helpful hints: 1. Don't assume that you know if a species is protected. The MBTA list includes over 1,000 bird species, and dozens are listed as threatened or endangered. ALWAYS CHECK THE MBTA AND ESA LISTS. 2. You can collect blood and feather samples under a banding permit ONLY if the permit expressly authorizes this activity and ONLY if you are also marking the bird. If you are not marking the bird, you must have a scientific collecting permit. If you wish to collect blood and feather samples under your banding permit, you must request that authority when you file your application. It is not automatically allowed under a banding permit. 3. Yes! You do need a federal scientific collecting permit for every activity that involves capture or handling of a bird protected under the Migratory Bird Treaty Act other than capture and marking with bands, radio-transmitters, geolocators, patagial tags, neck rings, or other auxiliary markers that are approved by the USGS Bird Banding Lab. If you intend to implant a transmitter (other than subcutaneously), you will need a scientific collecting permit. The U.S. Fish and Wildlife Service and most state agencies use the term "scientific collecting" to encompass all research activities, unlike scientists, for whom that term connotes permanent removal of an animal from the wild. 4. Apply early! No later than mid-March for a summer field season, and earlier if possible. Although the permit application states that you should allow 60 – 90 days for processing, it might take more time if the permit examiner has questions or if you have to submit additional information. This is particularly true if you are planning to work in more than one region. And, of course, because workflow varies, your permit application might be one of an unusually large number of applications that arrive over a short period of time. The absence of an examiner, planned or otherwise, can cause a back-up. If your permit is delayed for any reason, you and the permit examiner will both be in the frustrating position of having to rush to get the permit in time. If you apply early, these problems are less likely to result in your not having your permit when you need it. If you are planning to start your work in mid-May, for instance, try to apply by mid-January. 5. Make your requests clear and simple. State exactly what you are seeking permission to do before you go into more detail about the project. See here for examples. 6. Remember that for MBTA permits, you are allowed by law to continue the permitted activities if you have applied for renewal at least 30 days prior to the expiration date (and the permit has not been revoked or suspended). So don’t worry that if you apply early, your permit will expire before you can complete your work - just be sure to get your renewal application at least 30 days before the current permit expires and you can continue your work. However, please note that the expired permit does not authorize any new projects that might be included in your renewal application. You must have the renewed permit in hand before you can begin any new projects that were not listed on the expired permit. 7. Do all you can to be sure your permit covers all the activities that your research project will entail. Having to apply for amendments just increases the workload and your expenses - and slows things down for you and everyone else . For instance, do you anticipate bringing birds into captivity to study in the lab? Be sure you state what you plan to do with the birds when the research is completed. If you don’t plan to release them (or your IACUC won’t approve a protocol that entails release) make sure the permit application asks for authority to keep the birds after the research is completed, or give the birds to a zoo, other researcher, or euthanize the birds and give the carcasses to a museum or teaching collection. 8. If you plan to work on federal land (such as National Wildlife Refuges, national parks, Forest Service or BLM property), be sure to determine if you need a permit or other authorization. 9. Under some circumstances, you may need to contact the USFWS to determine if you need an ESA permit, even if you are not studying an ESA species. If you will use non-selective capture techniques ( such as mist nets or rocket nets, for instance) or using other techniques such as predator playback or nest searching in an area where a federally-listed species is known to occur and within the habitats where it occurs, then you should communicate with the endangered Species office. They will determine if you will need an endangered species “Section 10” (incidental take) permit. This would be true for all endangered Species, not just listed bird species. If the endangered Species office determines that your activity is not likely to impact a listed species in the project area, then you should obtain a written determination for your records. It is advisable to contact the endangered Species office before applying for a Section 10 permit; provide as much detail as possible about your project so they can make this determination. Finally - READ YOUR PERMITS WHEN YOU RECEIVE THEM! Make sure they allow you to do what you need to do. Make sure you understand the terms and conditions. The Ornithological Council provides resources to make securing your permits easier! Check out our website at BIRDNET.ORG for information on federal permits, state-specific permitting information, and to download the recently updated Guide to the Processes and Procedures for Importing Bird Products into the United State for Scientific Research and Display. Need help figuring out what permits you need or advice navigating the system? Contact the OC. 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 10 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!
  5. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. Two lawsuits have been filed in federal court challenging the recently finalized rule limiting the scope of the Migratory Bird Treaty Act. The National Audubon Society, American Bird Conservancy, Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council, National Wildlife Federation, and Sierra Club joined together to file a lawsuit in the Southern District of New York, asking the court to declare the final MBTA rule illegal and set it aside. The attorneys general of New York, California, Connecticut, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Pennsylvania, and Washington also filed a package of five lawsuits in the same federal court this week, challenging several recent actions of the Trump administration, including the MBTA rule. In August, the Southern District of New York issued a ruling invalidating the internal Department of Interior memo on which the final MBTA rule is based. The lawsuit was the result of a consolidation of two lawsuits filed in 2018, one with NGO plaintiffs and one filed by states – both with many of the plaintiffs as this week’s lawsuits. The final rule is also slated to be reviewed by the new administration, as part of a wider review of all recent agency actions that it is conducting. Read more about the MBTA final rule here. American Bird Conservancy's press release. National Audubon Society's press release. 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 10 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!
  6. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The U.S. Fish and Wildlife Service announced last week that it is reducing the critical habitat designated for the Northern Spotted Owls by nearly 3.5 million acres. Just last month, the agency determined that up-listing the owl, from threatened to endangered, under the Endangered Species Act was warranted - but that it was precluded by higher priority actions. The critical habitat proposal was first released in August, but the final rule bears little resemblance to the initial proposal, which would have reduced designated critical habitat by only 200,000 acres. The final rule would reduce the critical habitat designated for Northern Spotted Owl in California, Oregon, and Washington from about 9.6 million acres to about 6.1 million acres. Under section 4(b)(2) of the ESA, the Interior Secretary may exclude an area from critical habitat if he or she determines that the benefits of such exclusion outweigh the benefits of including that area as critical habitat. However, the Secretary may not make such an exclusion if he or she determines, based on the best scientific data available, that the failure to designate such area as critical habitat will result in the extinction of the species. As stated in the Federal Register, in this case, the Secretary determined that the benefits of exclusion of particular areas of critical habitat outweigh the benefits of designation of particular areas of critical habitat based on economic, national security, and other relevant impacts. The proposal goes into effect on March 16. The incoming Biden administration could chose to set aside the rule and develop a new one in its place. 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 10 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!
  7. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The U.S. Fish and Wildlife Service has determined that the Interior Least Tern (Sterna antillarum athalassos) has recovered and therefore will be removed from the list of threatened and endangered species under the Endangered Species Act. According to the USFWS, the Interior Least Tern population has grown from less than 2,000 birds in a few dozen nesting sites in 1985, when the bird was listed under the ESA, to more than 18,000 individuals at more than 480 nesting sites in 18 states today. The final rule notes that the recent change to the Migratory Bird Treaty Act, excluding incidental take from its scope, could effect Interior Least Terns. “There is the potential that with removal of the protections of the Act and the proposed regulation that defines the scope of the MBTA, incidental take may increase on some nesting areas,” states the final rule. It continues, “Any adoption of proposed changes to reduce the scope of the take provisions of the MBTA is not likely to affect management commitments currently in place, which are expected to continue following delisting of the Interior least tern, as BMPs and SOPs to avoid incidental take of the tern will continue to be implemented across more than 90 percent of the species' range. We also believe that Federal and State agencies, as well as private industries and individuals, recognize that it is in the public interest to minimize the impacts of lawful activities to Interior least tern and other migratory birds, and the Service shall continue to work with them to do so.” The proposed rule to remove the Interior Least Tern was published in October, 2019. The final rule delisting the bird was published on January 13 and goes into effect on February 12. ***** USFWS Press Release Trump Administration Celebrates Recovery of America’s Smallest Tern: Across interior least tern’s 18-state range, populations continue to grow and flourish January 12, 2021 Contact(s): Jennifer Koches, jennifer_koches@fws.gov After more than three decades of conservation partnerships inspired by the Endangered Species Act, the U.S. Fish and Wildlife Service is celebrating the delisting of the interior least tern due to recovery. According to the best available science, the diverse efforts of local, state and federal stakeholders across the interior least tern’s 18-state range have helped ensure populations are healthy, stable and increasing into the foreseeable future. The tern will continue to be protected under the Migratory Bird Treaty Act. “The Trump Administration and Secretary Bernhardt are committed to the recovery of our Nation’s imperiled species,” said U.S. Fish and Wildlife Service Director Aurelia Skipwith. “Dozens of states, federal agencies, tribes, businesses and conservation groups have worked tirelessly over the course of three decades to successfully recover these birds.” When the interior least tern was listed under the ESA in 1985, there were fewer than 2,000 birds and only a few dozen nesting sites scattered across a once-expansive range that covered America’s Great Plains and Lower Mississippi Valley. Today, there are more than 18,000 interior least terns at more than 480 nesting sites in 18 states. To help ensure the species’ continued success, the U.S. Army Corps of Engineers, which has jurisdictional authority over much of the interior least tern’s range, has made formal post-delisting monitoring and conservation commitments that encompass about 80% of the breeding population. In 2005, the Corps coordinated a range-wide monitoring event that confirmed tern populations were increasing over the previous two decades. The Corps also funded, with the assistance of the Service, the development of a habitat-driven, range-wide population model for the species. This complex model, developed with the American Bird Conservancy, considers interior least tern status and population dynamics with and without continued management at local, regional and range-wide scales across a 30-year period. “The U.S. Army Corps of Engineers is absolutely honored to play a role in a partnership that serves as a model for the potential delisting of other species in the future,” said Major General Diana Holland, Commander of the Mississippi Valley Division, U.S. Army Corps of Engineers. “For over 30 years, we have partnered with the Service to monitor, conserve and recover this endangered species along the Lower Mississippi River. That partnership demonstrates that, through collaboration, we can protect and recover an endangered species while continuing to provide critical navigation and flood control benefits to the nation.” “Without the commitment and partnership of the U.S. Army Corps of Engineers, the recovery of the interior least tern would not have been possible,” said Service Regional Director Leopoldo Miranda. “The Corps has implemented conservation measures over the course of decades that have improved habitat for terns along some of America’s largest rivers, such as the Missouri and the Mississippi, and these actions have been central to the tern’s recovery.” “Today’s announcement is welcome news for conservationists in Wyoming and around the country,” said Senator John Barrasso (R-Wyo.). “After years of hard work and collaboration, the interior least tern will be officially removed from the endangered species list. Since its listing in 1985, Wyoming, Colorado, and Nebraska have worked in good faith with landowners, conservation groups, and the federal government to preserve critical habitat and recover this bird. The Platte River Recovery Implementation Plan played a critical role in this success story. It now serves as a model for future conservation efforts.” Least terns are the smallest members of the tern family and feed primarily on small fish. They are generally considered seabirds, but several species are also found along rivers, lakes or other wetlands. They nest along more than 2,800 miles of river channel habitat across the Great Plains and the Lower Mississippi Valley and winter in the Caribbean and South America. States where tern colonies occur are Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Tennessee and Texas. In the late 19th and early 20th centuries, least terns were decimated by harvest for their feathers, which were used for making hats. Their nesting habitats were also flooded or degraded by dams and other forms of large river channel engineering during the mid-20th century. Due to the impact of these threats, the bird was listed as endangered under the ESA in 1985 as a distinct population segment of least tern. Federal and state agencies and industrial partners have all contributed to the interior least tern’s successful recovery. Depending upon local conditions and needs, active habitat management has included: monitoring, protection of nesting areas, improved water flows, dredge material placement, vegetation and predator control. Many of these beneficial activities have become standard practices and will continue after the interior least tern is delisted, such as management and monitoring efforts by states, federal agencies and industries. The ESA requires the Service to implement a post-delisting monitoring plan for the tern for a minimum of five years after delisting to ensure that it remains stable. The plan will include a commitment by the Corps to continue monitoring the species as an indicator of healthy river ecosystems. The Service will publish a notice of the availability when the post-delisting monitoring plan becomes available. Additional Background on ESA Improvements and Accomplishments No administration in history has recovered more imperiled species in their first term than the Trump Administration. Since 2017, 13 species have been delisted from the ESA due to recovery, and another seven species have been downlisted from endangered to threatened. To provide context for this in looking at other administrations in their first term, the Obama Administration recovered six species; the Bush Administration recovered eight species; and the Clinton Administration recovered nine species. Fish and wildlife conservation depends on federal partnerships with states, landowners, and most importantly sportsmen who directly fund – to the tune of $1 billion last year alone and more than $23 billion since inception – conservation efforts by purchasing hunting and fishing licenses, fishing tackle, ammunition, boating fuel and other recreational items. To support stronger on-the-ground conservation efforts, encourage private actions to benefit our most imperiled species and provide greater legal certainty for ESA determinations, the Service updated its ESA regulations in 2019 to improve the implementation of the law. The regulations had not been comprehensively updated since the ESA passed some 40 years ago. The Service’s guidepost for the multi-year, public process was President Trump’s overarching effort to reduce regulatory burden without sacrificing protections for the environment and wildlife. 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 10 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!
  8. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. Yesterday, the U.S. Fish and Wildlife Service released its final rule changing the scope of the Migratory Bird Treaty Act, nearly a year after officially proposing the formal policy change. The new rule is based on a December 2017 Interior Department internal memo interpreting the MBTA to not apply to unintentional or incidental “take.” For decades, the bill had been applied to both intentional and incidental take. This final rule codifies in regulation the administration’s interpretation that the law only applies to the intentional take of birds. Last January, Interior formally proposed the rule change and issued a scoping notice for an environmental review of such a change. The OC submitted comments on the scoping notice in March. In June, a draft EIS was released. The OC commented on that draft, noting that the “analysis therein is not scientifically-credible to determine the effects of the Service’s proposed rule on migratory birds. For most species of birds protected under the MBTA, the Service does not have the information it needs to assess the impact of this proposed policy, nor does it currently have sufficient scientific resources to undertake the analyses needed.” In November, the final EIS was released, paving the way for this week’s final rule. While codifying the new interpretation makes it harder for the incoming Biden administration to undo, the rule will likely face legal challenges. An August court decision struck down the solicitor’s opinion and calls into question the legality of the rule itself. Legislative challenges are also possible. For example, Rep. Deb Haaland (D-N.M.), who President-elect Joe Biden has tapped for Secretary of the Interior, has co-sponsored a bill to reverse the Trump administration’s MBTA interpretation. ***** USFWS Press Release U.S. Fish and Wildlife Service Finalizes Regulation Clarifying the Migratory Bird Treaty Act Implementation January 5, 2021 Contact(s):publicaffairs@fws.gov Today, the U.S. Fish and Wildlife Service (Service) is publishing a final regulation that defines the scope of the Migratory Bird Treaty Act (MBTA). Consistent with the text, purpose and history of the MBTA, the final regulation clarifies that conduct resulting in unintentional (incidental) injury or death of migratory birds is not prohibited under the MBTA. This rule provides regulatory certainty to the public, industries, states, tribes and other stakeholders about implementation of the MBTA and best practices for conservation. “This rule simply reaffirms the original meaning and intent of the Migratory Bird Treaty Act by making it clear that the U.S. Fish and Wildlife Service will not prosecute landowners, industry and other individuals for accidentally killing a migratory bird. This opinion has been adopted by several courts, including the U.S. Court of Appeals for the Fifth Circuit,” said U.S. Secretary of the Interior David L. Bernhardt. “The Trump administration is committed to using science and the law as the foundation of our decisions at the Service,” said Aurelia Skipwith, Director of the U.S. Fish and Wildlife Service. “Employing an open and transparent public process to finalize today’s action emphasizes our dedication to conservation of migratory birds and to providing regulatory certainty.” This final rule codifies the 2017 Department of the Interior Solicitor’s Office Opinion M-37050 to provide a uniform approach that incidental take of birds resulting from an activity is not prohibited when the underlying purpose of that activity is not to take birds. This is consistent with the interpretation of several federal courts, including a 2015 ruling by the Fifth Circuit Court of Appeals. This final decision was informed by an open and transparent public engagement process that the Service managed throughout the development of the rulemaking process. Three separate 45-day periods were held for the public to address the rulemaking and submit comments. The public scoping process included six webinars, which were open to any members of the public, including members of federal and state agencies, tribes, non-government organizations, private industries and American citizens. The Endangered Species Act and the Bald and Golden Eagle Protection Act, as well as state laws and regulations, are not affected by the Solicitor’s Opinion M-37050 or the final regulation. This final rule will be effective 30 days after publication in the Federal Register. All the documents related to the rulemaking process and further information is available at https://www.fws.gov/regulations/mbta/. ***** 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 10 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!
  9. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The U.S. Fish and Wildlife Service has released a final definition for “habitat” under the Endangered Species Act. The ESA defines “critical habitat” as “(i) the specific areas within the geographical area occupied by the species, at the time it is listed ... on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed ..., upon a determination by the Secretary that such areas are essential for the conservation of the species.” Until now, neither the regulations nor the Act itself defined “habitat.” In the past, USFWS has applied the criteria from the definition of ‘‘critical habitat’’ and assumed that any area satisfying that definition was habitat. A 2019 Supreme Court decision held that an area must first be considered ‘‘habitat’’ in order for it to then meet the definition of ‘‘critical habitat’’ as defined by the Act. The final definition of habitat is, “for the purposes of designating critical habitat only, habitat is the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support one or more life processes of a species.” The new definition will go in effect on January 15, 2021, and will only apply to critical habitat rule-makings for which a proposed rule is published after that date. **** USFWS Press Release U.S. Fish and Wildlife Service and NOAA Fisheries Finalize Regulatory Definition of Habitat Under Endangered Species Act December 15, 2020 Contact(s): Brian Hires, 703-358-2191, brian_hires@fws.gov The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have finalized a regulatory definition of the term “habitat” that will be used for designating critical habitat under the Endangered Species Act (ESA). The definition is part of the efforts of the Trump Administration to balance effective, science-based conservation with common-sense policy designed to bring the ESA into the 21st century. “This action will bring greater clarity and consistency to how the Service designates critical habitat,” said Rob Wallace, Assistant Secretary for Fish and Wildlife and Parks. “Making the Endangered Species Act more effective at conserving imperiled wildlife and more transparent and user friendly for stakeholders represents a win-win for everyone.” “Given that this will improve implementation of the Endangered Species Act and how stakeholders engage with it, we are very happy to announce this final definition of habitat,” said Fish and Wildlife Service Director Aurelia Skipwith. “We look forward to continuing to improve and streamline regulations that support more effective conservation and inspired partnerships.” The final definition of habitat is, “For the purposes of designating critical habitat only, habitat is the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support one or more life processes of a species.” This definition explicitly limits the term habitat to apply only to critical habitat designations under the ESA, and no previously finalized critical habitat designations will be reevaluated as a result of its establishment. While the definition is broad enough to encompass both occupied and unoccupied critical habitat, following our 2019 revised critical habitat regulations questions about whether an unoccupied area qualifies as habitat are less likely to occur. More than three years ago, the Department of the Interior and the Department of Commerce began considering improvements to the regulations the federal government uses to implement the ESA to make them more efficient and effective. Last year, the Service finalized regulatory changes to section 4 of the ESA dealing with the listing, delisting and critical habitat, and to section 7 consultation processes. Today’s final definition of habitat will continue to improve implementation of the ESA and will address a 2018 Supreme Court ruling in a case regarding dusky gopher frog critical habitat (Weyerhaeuser Co. v U.S. FWS) that any area designated as critical habitat must also be habitat for the species. The ESA defines critical habitat and establishes separate criteria depending on whether the area is within or outside the geographical area occupied by the species at the time of listing. It does not define the broader term “habitat,” however, and the Services have not previously defined this term in implementing regulations. Combined with last year’s regulatory reform, these actions will increase the clarity of the ESA, improve partnerships, stimulate more effective conservation on the ground, and improve consistency and predictability around critical habitat determinations. "The Department's move to define 'habitat' is a win for everyone, especially endangered and threatened species," said Jay Farrell, National Association of State Foresters executive director. "The Endangered Species Act plays a substantial role in how America's forests are protected and managed. Settling on a standard definition for 'habitat' under ESA provides private landowners—and all other land managers—with a clearer understanding of how the law will be implemented and how they can contribute to the conservation of at-risk species." The final regulations can be found in the Federal Register Reading Room at: https://www.federalregister.gov/public-inspection/current. **** 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 10 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!
  10. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The U.S. Fish and Wildlife Service has released a 12-month finding for the Northern Spotted Owl (Strix occidentalis caurina), declining to move the species from threatened to endangered under the U.S. Endangered Species Act. “After a thorough review of the best available scientific and commercial information, we find that reclassification of the northern spotted owl from a threatened species to an endangered species is warranted but precluded by higher priority actions,” states the agency in the Federal Register notice. Historically, Northern Spotted Owl habitat stretched across the Pacific Northwest. The current range is much smaller, as a result of decades of habitat loss. The Service found that on non-Federal lands, “the amount of northern spotted owl habitat ... has decreased considerably over the past two decades,” despite state regulatory measures. On lands managed by the federal government, “the Northwest Forest Plan has reduced habitat loss and allowed for the development of new northern spotted owl habitat; however, the combined effects of climate change, high- severity wildfire, and past management practices are changing forest ecosystem processes and dynamics, and the expansion of barred owl populations is altering the capacity of intact habitat to support northern spotted owls.” Several populations of Northern Spotted Owls subject to long-term monitoring declined more than 70 percent in the last 30 years. According to the Service, Northern Spotted Owls are at increased risk for extinction, especially in Washington and Oregon. In August, the U.S. Fish and Wildlife Service released a proposal to reduce the critical habitat designated for the Northern Spotted Owl in Oregon by about 2% or 205,000 acres. Currently, 9.6 million acres are designated as Northern Spotted Owl critical habitat in Oregon, Washington, and California. 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 10 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!
  11. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The National Wildlife Health Center has issued a Wildlife Health Bulletin entitled “Winter 2020 Update on Highly Pathogenic Avian Influenza Viruses Circulating Globally in Wild Birds.” According to the report, this year multiple strains of highly pathogenic avian influenza viruses (H5 [untyped], H5N1, H5N2, H5N5, H5N6, H5N8, H7N3 and H7N7) have been detected in wild birds and poultry around the world. Reporting to the World Organisation for Animal Health has indicated “an apparent increase in virus activity was noted during the fall migration period which warrants increased vigilance by North American wildlife health professionals.” HPAI wasdetected during 2020 in Australia, Belgium, Bulgaria, China, Croatia, Czech Republic, Denmark, France, Germany, Hungary, India, Iran, Iraq, Ireland, Israel, Italy, Japan, Kazakhstan, Laos, Netherlands, Norway, Philippines, Poland, Republic of Korea, Romania, Russia, Saudi Arabia, Slovakia, Slovenia, South Africa, Spain, Sweden, Taiwan, Ukraine, United Kingdom, and Vietnam. The Bulletin has a complete list of the species involved. The National Wildlife Health Center is recommending increased vigilance for morbidity or mortality events in wild birds, since monitoring and investigating wild bird mortality events increases the chance of early detection of HPAI and enables a more effective response to potential outbreaks. The current global level of HPAI virus detections in wild birds is similar to the winter of 2014/2015, when HPAI was detected in wild birds across North America and also heavily impacted domestic fowl. See the Bulletin for guidelines that biologists and hunters should follow in the field, as well as instructions on requesting diagnostic services or reporting wildlife mortality. Institutions and organizations that investigate morbidity and mortality events of wildlife disease events are encouraged to report these events to WHISPers, the Wildlife Health Information Sharing Partnership - event reporting system. Read the Ornithological Council’s Fact Sheet on West Nile Virus, Highly Pathogenic Avian Influenza H5N1, and other zoonotic diseases. 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 10 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!
  12. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The U.S. Fish and Wildlife Service announced this week that it will not list the Tufted Puffin (Fratercula cirrhata) under the Endangered Species Act. In 2014, the Natural Resources Defense Council petitioned asking that the Tufted Puffin be listed either as a species or a distinct population segment (DPS) of Tufted Puffins in the contiguous U.S. The Tufted Puffin, a pelagic seabird found in the North Pacific Ocean, nests along the coasts of California, Oregon, Washington, and Alaska in the United States, and in Japan, Russia, and British Columbia, Canada. About 82% of the global population nests in the U.S., primarily Alaska. In 2015, the USFWS issued a 90-day finding, indicating that listing may be warranted, although it did not indicate whether that was range-wide as a species, or as a distinct population segment. This week’s announcement serves as the 12-month finding, and concludes that, “While the tufted puffin's range will likely continue to contract in the south due to climate change, models predict the species will continue to remain widely distributed throughout most of its historical range.” According to USFWS, the most significant threats affecting Tufted Puffins and their habitat are climate change, oil spills, fisheries bycatch, predation, nonnative plants and animals, and human disturbance, with climate change and oil spills being the most significant. However, “the best available information for tufted puffins indicates adequate redundancy and representation across the species’ range, including robust populations across the majority of its range,” says the USFWS. In a species status assessment completed earlier this year, the USFWS noted that in 2002 the global population of Tufted Puffins was about 3 million. Since then, several populations have declined. According to the assessment, the current consensus among experts is that Tufted Puffins “are undergoing a range contraction, particularly on the southern end of its range ... However, the species continues to be widely distributed across its northern historical range, and maintains high abundance overall.” The USFWS also declined to list the White-tailed Ptarmigan (Lagopus leucura) under the ESA, noting that while they are potentially threatened by climate change, predation, mining and related poisoning due to toxic concentrations of trace metals, hunting, recreation, and livestock and native ungulate grazing, the current risk of extinction is low and listing is not warranted. 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 10 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!
  13. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The Trump administration has released the final environmental impact statement (EIS) assessing its proposed rule limiting the reach of the Migratory Bird Treaty Act to exclude incidental take. Traditionally, the MBTA has been interpreted by the Department of the Interior to prohibit both intentional and incidental take. In 2017, the administration issued a memo changing that interpretation and stating that it would no longer enforce the Act in cases of incidental take. Then, in January, the U.S. Fish and Wildlife Service released a proposed rule, codifying the Solicitor’s opinion. In June, the agency released the draft environmental impact statement assessing the possible effects of the rule change. The Ornithological Council submitted comments on both the scoping notice that accompanied the proposed rule and the draft environmental impact statement analyzing the effects of the proposed rule. The OC's comments on the draft EIS concluded that the document was simply insufficient to assess the potential effects of the proposal. A recent court decision struck down the memo on which the rule is based. The Trump administration is appealing that decision. A final rule is expected before the end of the administration, although it will likely be challenged in court and could also be reviewed and possibly overturned by the incoming Biden administration. More information on the rule-making process can be found here. 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 10 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!
  14. The Ornithological Council is planning a minor revision to the Guidelines to the Use of Wild Birds in Research. This foundational publication, now in its third edition, provides an in-depth guide to the animal welfare considerations when performing research involving wild birds, including ethical considerations and the legal framework that must be followed by researchers. Topics include investigator impact generally, collecting and trapping, marking, transport, housing and captive breeding, minor and major manipulative procedures, and euthanasia. The last edition was published in 2010. The Ornithological Council is interested in compiling updated references from the last 10 years so we can include those in the next update. If you are aware of a methods paper relevant to a topic covered in the Guidelines, please submit the citation (and if you have it, a PDF of the paper or a link to it) to Laura Bies (laurabiesoc@gmail.com). Also submit papers that are not methods papers per se but assess the impact of the study methods. We are also looking for volunteers to coordinate the literature reviews for each chapter. If you are interested in volunteering, contact Laura Bies at laurabiesoc@gmail.com. The chapters in the Guidelines are: Introduction Impact of Investigator Presence Capture and Marking Transport of Wild Bird Captive Management Minor Manipulative Procedures Major Manipulative Procedures Scientific Collecting The 2010 edition of Guidelines is available here. 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 10 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!
  15. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The Ornithological Council provided input about some of the key science and technology positions in the U.S. Government, as part of an effort to highlight these roles for the new administration. The Day One Project, an initiative of the Federation of American Scientists, is developing a list of 100 key existing and proposed leadership roles across the federal government where scientific expertise is most critical. The OC submitted several positions to Day One, highlighting the role these positions play in ensuring science-based decision-making. At the departmental level, the OC highlighted the Science Advisor to the Secretary of the Interior, which offers key science support to the Secretary of the Interior. We also highlighted positions within the U.S. Fish and Wildlife Service and the U.S. Geological Survey. The OC submitted the U.S. Fish and Wildlife Service Director as a key position, given the position’s responsibility for applying scientific information to wildlife management and conservation decisions. We noted the importance of ensuring that the nominee for this position meets the statutory requirement to be knowledgeable in the principles of fisheries and wildlife management, through scientific education and experience. We also highlighted the Assistant Director for Science Applications, who works directly with, and reports directly to, the agency’s Director, helping to ensure that the director has the scientific information they need to make these key decisions. The OC also submitted the USGS Director, noting that agency’s responsibility as the nation's largest research agency devoted to providing science about natural resources, natural hazards, the health of our ecosystems and environment, and the impacts of climate and land-use change. We noted that during the Trump Administration, the USGS was criticized for denying climate change and preventing its scientists from speaking openly about it. Finally, we highlighted the USGS Chief Scientist position, noting that as one of the federal government’s leaders in basic research regarding our natural world, the USGS needs a top scientist who can support its career scientists and provide science-based, apolitical counsel to its Director. Once the new administration is in place, Day One will track the administration’s progress on filling the 100 key roles it identifies. UPDATE: The Day One Project released its initial list of the 100 top science and tech roles on Dec. 11. Three of the positions that the OC identified - Interior Science Advisor, USGS Director, and USGS Chief Scientist - all made the list. The OC will track appointments for these and other key roles as the new administration fills them next year. 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 10 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!
  16. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. In September, the U.S. Fish and Wildlife Service announced that they are downlisting the Red-cockaded Woodpeckers from endangered to threatened under the Endangered Species Act, citing partnerships with both the Department of Defense and the U.S. Forest Service, along with more than 30 other public and private organizations, as being key to the recovery. The USFWS is also considering adopting a rule that will prohibit incidental take of Red-cockaded Woodpeckers from actions that would result in the further habitat loss or degradation, such as activities that would harass Red-cockaded Woodpeckers during the breeding season and the insecticide use near clusters. On 1 December, the USFWS will hold a public informational meeting from 6 to 7:30 p.m., Eastern Time, followed by a public hearing from 7:30 to 9 p.m., Eastern Time, via Zoom. Registration is required and an opportunity to provide formal testimony will be provided during the public hearing portion of the event. Register to attend the meeting and to provide testimony here. The agency is accepting written comments on the proposal until 7 December. Submit a comment here. Read more about the downlisting here. 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 10 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!
  17. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The Ornithological Council nominated two ornithologists for a new standing committee on animal welfare. The Institute for Laboratory Animal Research issued a call to nominate experts for a new Standing Committee for the Care and Use of Animals in Research earlier this fall. The new committee will help foster the exchange of ideas and knowledge on how best to make any future updates to the Guide for the Care and Use of Animals in Research, a prominent guidance document for animal welfare. The OC nominated Dr. William Bowerman and Dr. Rafael Rueda-Hernández for the new committee. Dr. William Bowerman is a Professor of Wildlife Ecology and Toxicology and the Chair of the Department of Environmental Science and Toxicology at the University of Maryland, College Park. He is a world-renowned expert on studying environmental change through its impact on eagle populations, and a highly-regarded researcher, teacher, and leader in the scientific community. Dr. Rafael Rueda-Hernández is a Postdoctoral Scholar of the Department of Evolutionary Biology at the Universidad Nacional Autònoma de México, Mexico City and a Senior Research Fellow with the University of California, Los Angeles. He has extensive experience in handling and caring of wild birds for research purposes, and is a highly-regarded ornithologist and leader in the scientific community in Mexico and the Neotropics. The OC also separately contacted the Institute for Laboratory Animal Research, urging them to use this new standing committee as an opportunity to involve a subset of researchers that have been heretofore underrepresented by those involved with developing and publishing ILAR’s Guide to the Care and Use of Laboratory Animals - wildlife professionals. The Guide to the Care and Use of Laboratory Animals is widely applied to research conducted or funded by the federal government and is a suitable standard for biomedical research. However, it has little information relevant to wildlife research beyond general principles. It is crucial that scientists and researchers with experience working in the field are represented on the new committee and are able to offer their expertise and feedback on the committee tasks and deliberations. Nominations are being accepted through Nov. 6. Learn more here. 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 10 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!
  18. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The Ornithological Council has updated the fact sheets available on its website, BIRDNET.ORG. Visit the Fact Sheet page on BIRDNET to view fact sheets on: Avian influenza and West Nile virus Rapid Cardiac Compression The Use of Drones to Study Birds Scientific Collecting There is also a general fact sheet that provides more information about the OC and its publications. If there’s another topic on which you think it would be beneficial for the OC to develop a fact sheet, let us know! 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 10 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!
  19. The U.S. Fish and Wildlife Service today launched a new online permit system that will allow applicants to submit, pay for, and track their permit applications online. The new system will be phased in over the coming months, with some permits available in the system immediately and some being added in the coming months. Not all permits used by ornithologists are available yet in the new system. Scientific collecting permits, for example, won’t be available through epermits until early next year. Also, note that amendments and modifications of current permits will be handled offline until early 2021. This new epermits system will replace the previous online system, launched last year, which allowed permitees to search for and download the appropriate forms. The Ornithological Council encourages ornithologist to register for and use the new epermits system. If you have questions or problems with the new system, please contact the OC and we can work with the USFWS to resolve them. The Ornithological Council has encouraged USFWS to adopt an electronic permit system for years, to reduce the paperwork burden on researchers and others applicants and to enable faster permit processing and better tracking. We’re encouraged to see this system launch and look forward to all the USFWS permits being available in the new system. Permits to band birds issued by the USGS Bird Banding Lab will not be affected by this change and should continue to be sent to the BBL in Laurel, MD. To apply for permits through the Service’s new epermits system or for more information , please visit fws.gov/epermits. -- USFWS Press Release -- Service Launches New Electronic Permitting System to Streamline and Improve Permitting Process New electronic system will modernize permit applications, helping the public and wildlife October 21, 2020 Contact(s): Christina Meister, Christina_Meister@fws.gov, 703-358-2284 To simplify, expedite and improve the permit application process, the U.S. Fish and Wildlife Service (Service) is launching “ePermits,” a new and modern electronic permitting system. Permits enable the public to engage in certain regulated wildlife-related activities. Service permit programs help ensure these activities are carried out in a manner that safeguards wildlife. The Service issues permits under several domestic and international laws and treaties such as the Endangered Species Act, the Convention on International Trade of Endangered Species of Wild Fauna and Flora, the Marine Mammal Protection Act, the Wild Bird Conservation Act and the Lacey Act. These laws protect species that are threatened by overexploitation and other factors. “I am proud of the Service’s work to create an innovative platform that will help simplify and expedite the permitting process,” said Aurelia Skipwith, Director of the U.S. Fish and Wildlife Service. “The Trump Administration has prioritized developing innovative solutions for the American people, and this online tool for permit applications further delivers accountability and transparency.” “The enhancement of the Convention on International Trade in Endangered Species (CITES) of Wild Fauna and Flora electronic permitting procedure, as well as the planned upgrades, will only further benefit our industry by continuing to improve the permitting process,” said Patricia Fuquene, Director of Import/Export, Costa Farms LLC. Permits are issued for activities such as import and export of live animals, plants, or biomedical samples, rehabilitation of sick or injured migratory birds, scientific research or reintroduction programs for endangered species, and exchange of museum specimens between institutions for protected species. Each year, the Service issues approximately 65,000 permits. Prior to ePermits, applicants had to apply for permits through the mail and pay with paper checks, often resulting in delays that now may be avoided through the digital process. The hard-copy option is still available to those who need it, and ePermits offers many advantages for applicants including a new permit application search feature. The new system also uses pay.gov, a secure electronic payment system, to process applicant permit fees. Once an application is submitted, the new system allows applicants to view and track their application’s progress. Enhancements to ePermits and additional functionality are planned on a regular basis through July 2021 to make the application process more efficient and to allow for a more robust ability to analyze data to track business and conservation trends. Digital permit applications forms are available in ePermits for the Service’s Office of Law Enforcement and Ecological Services, Migratory Birds and International Affairs programs. Users can find the permit applications they need through a search function and can get answers to frequently asked questions through easy-to-use “help center” content. “The Association of Fish and Wildlife Agencies is excited about and supports the modernization of the Service’s permitting system,” said Sara Parker Pauley, President of the Association of Fish and Wildlife Agencies. “The move to electronic permitting will assist in the sustainable use and management of wildlife by the state fish and wildlife agencies. The association appreciated the Service seeking the input of the state fish and wildlife agencies on the development of this system. This cooperation reflects the strong relationship that the state fish and wildlife agencies and the association have with the Service.” “The Louisiana alligator industry is very excited about the modernization of the Service’s permitting system,” said Stephen Sagrera, President of the Louisiana Alligator Farmers and Ranchers Association. “The faster permitting time of the new electronic system will help U.S. producers of sustainable wildlife products to better compete in fast-paced global markets.” “Permits from the Service are integral to the work of many ornithologists, so we are excited about the new ePermits system,” said Laura Bies, Executive Director of The Ornithological Council. “This new system has the potential to reduce the paperwork burden for researchers and scientists, and the Ornithological Council looks forward to its implementation.” By applying for permits, the public helps conserve and protect imperiled species throughout the world. Additionally, some permits promote conservation efforts by authorizing scientific research, generating data, or allowing wildlife management and rehabilitation activities to go forward. To apply for permits through the Service’s new platform or to obtain more information regarding the permitting process, visit: fws.gov/epermits. 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 10 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!
  20. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The Ornithological Council offered testimony during a virtual listening session held by the United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) to gather information to assist in the development of regulations for birds not bred for use in research under the Animal Welfare Act (AWA). The testimony offered by Laura Bies, Executive Director of the OC, noted that the additional regulations for birds not bred for research are not necessary, given the current level of regulations already in place for these birds and recommended that APHIS ensure that any additional burden on researchers is balanced by a commensurate increase in protection. Bies provided four recommendations for APHIS to consider as the rulemaking progresses: - Exclude wild birds studies in the wild from regulation - Exclude offspring of non-exempt birds that breed in captivity from regulation - Consult with experts regarding housing and husbandry standards - Exempt field surgery from regulation OC also submitted more lengthy written testimony, providing additional details about our recommendations, which is attached below. Read more about the forthcoming regulations here. 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 10 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! OCcommentsOct2020.pdf
  21. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The Ornithological Council submitted comments to the Animal Care program within USDA’s Animal Plant Health Inspection Service regarding guidance the program released last month, clarifying the definition of “field study “within the context of the Animal Welfare Act. The draft policy aims to assist research institutions in determining whether an activity involving free-living wild animals in their natural habitat meets the regulatory definition of “field study.” The proposed policy describes criteria that research facilities could use to identify activities that are invasive, harmful, or that materially alter animal behavior, and provides examples of activities that are and are not field studies. The comments submitted by the Ornithological Council note that, without clear guidance on what is or is not a field study, the application of the term - and thus whether or not the Animal Welfare Act applies to research - has been inconsistent in the past. It notes that the examples provided in the draft policy are helpful, but urges APHIS to go further and provide either definitions or examples of key terms within the definition of “field study.” The OC's comments are attached below. Read more about the draft policy here. 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 10 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! final OC comments on field study policy Oct. 2020.pdf
  22. UPDATE: Nomination deadline extended until Nov. 6. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The National Academies’ Institute for Laboratory Animal Research (ILAR) is forming a new standing committee to inform future updates or additions to The Guide for the Care and Use of Laboratory Animals (the Guide). The Guide is a leading guidance document that elaborates upon the underlying philosophy and basic principles for appropriate care of research animals. This Guide discusses field investigations in a very cursory manner, but is nonetheless used by Institutional Animal Care and Use Committees in assessing research protocols for field studies. ILAR is taking nominations for the new standing committee until Nov. 6 The input of wildlife biologists would be very valuable to ILAR, the Guide did not address wildlife biology until recent revisions and even then only in a very cursory and broad manner. Ornithologists are encouraged to submit themselves or colleagues for the standing committee. See below for more information about the process and a link to submit nominations. If you do submit a nomination, the Ornithological Council would love to know (laurabiesoc@gmail.com). From the National Academies: Nominate Experts: Standing Committee for the Care and Use of Animals in Research The National Academies’ Institute for Laboratory Animal Research is seeking nominations of experts to serve on a new standing committee to inform future updates or additions to The Guide for the Care and Use of Laboratory Animals (the Guide). Now in its 8th edition, the Guide is one of the most well-known documents in the animal care and use field and serves as the basis for accreditation of institutions worldwide. The standing committee will aim to provide a venue for the exchange of ideas and knowledge sharing among federal government agencies, academic communities, the private sector, and other stakeholders engaged in animal research, research training, experimentation, biological testing or for related purposes or other special categories involving research animals. A committee of experts will be appointed by the National Academies, drawing members from the academic, government, private, and non-profit sectors. The interdisciplinary committee will require members to be scientists and veterinarians with training in Laboratory Animal Medicine and knowledge, expertise, and current experience with animal research under captive or natural conditions, and relevant to: regulatory and compliance matters biodiversity conservation the care, use and welfare of laboratory, domestic, agricultural and/or terrestrial and aquatic wild animal (e.g. cephalopods and polar species), privately owned animals (e.g. companion animals, pets) species other special categories involving research animals basic and translational sciences One Health research training biological testing other research and teaching activities. The nominations deadline is Tuesday, October 13, 2020. Nominees should be available to attend a meetings (virtually) as early as November 2020. In forming the committee, we seek to include individuals who are at different stages of their careers, including junior faculty and senior investigators, as well as those from underrepresented groups. Self-nominations are also welcomed. Make your nomination(s) today! Link to submit nominations: https://www.surveygizmo.com/s3/5897789/Call-for-Nominations-Standing-Committee-for-the-Care-and-Use-of-Animals-in-Research?mc_cid=fd3b54af25&mc_eid=080f9a36fc 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 10 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!
  23. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. The U.S. Fish and Wildlife Service has announced that they are downlisting red-cockaded woodpeckers from endangered to threatened under the Endangered Species Act. The agency cited partnerships with both the Department of Defense and the U.S. Forest Service, along with more than 30 other public and private organizations, as being key to the recovery. First listed as endangered under the Endangered Species Conservation Act of 1969, the precursor to the ESA, after a century of habitat loss reduced the bird’s range to only a few states, red-cockaded woodpeckers now range across 11 states. Estimates from the late 1970s found 1,470 breeding clusters, or groups of cavity trees used by a group of woodpeckers for nesting and roosting. That number has risen to 7,800 clusters in recent years. The USFWS is also considering adopting a rule that will prohibit incidental take of red-cockaded woodpeckers from actions that would result in the further habitat loss or degradation, such as activities that would harass red-cockaded woodpeckers during the breeding season and the insecticide use near clusters. The agency will be accepting comments on the proposal for 60 days, once the announcement is published in the Federal Register. Read more in the USFWS’s press release. 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 10 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!
  24. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. While the COVID pandemic may have canceled field seasons, moved conferences online, and caused many of us to shelter at homes for prolonged periods, the Ornithological Council has been busy over the past several months. This update will give you a sense of what we’ve been up to... Long-time Executive Director Ellen Paul retired in May and Laura Bies, formerly with The Wildlife Society, took her place. Now in a half-time position, Bies has been working to update the OC’s website, meet with key partners, and otherwise continue the important work that Paul had underway. Recently, OC staff has worked to update the permitting information on our website. We have also released an updated version of A Guide to the Permits and Procedures for Importing Bird Products into the United State for Scientific Research and Display. This extensive guide, which was thoroughly updated this year, provides a step-by-step guide for ornithologists who are importing birds or bird products into the U.S. for research and display, including template documents and checklists to follow. The Import Guide is available to download for free from the Ornithological Council’s website at BIRDNET.org, as a service to the ornithological community. We have also posted a number of articles on OrnithologyExchange recently, to keep ornithologists up to date on policy issues that may affect them. You can read them all in the ‘News From the Ornithological Council’ forum. If you have a question about a permitting or animal welfare issue, do not hesitate to reach out to the Ornithological Council. We’re available to help members of our ten societies navigate challenges with securing the necessary permits for their work or with gaining IACUC approval for their research. The Ornithological Council has recently faced financial challenges, related mostly to the withdrawal from the OC of the American Ornithological Society on July 1. While their exit has had large financial repercussions for the OC, we have adjusted staffing and the services we offer so that the OC can continue to serve the ornithological community. However, we still need your help. If you’d like to support our important work, please visit our website, BIRDNET.org, and scroll down to the ‘donate’ button at the bottom of the screen - or simply follow this link. We truly appreciate your contributions, as they allow us to continue to serve the ornithological community. 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!
  25. This news and analysis are provided by the Ornithological Council, a consortium supported by 10 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. USDA’s Animal and Plant Health Inspection Service (APHIS) released a proposed policy document, “Research Involving Free-living Wild Species In Their Natural Habitat,” to assist research institutions in determining whether an activity involving free-living wild animals in their natural habitat meets the regulatory definition of “field study.” The proposed policy describes criteria that research facilities could use to identify activities that are invasive, harmful, or that materially alter animal behavior. The proposed policy provides examples of activities that are and are not field studies. Under the policy, activities involving free-living wild animals in their natural habitat that meet the definition of a field study and are not regulated under the Animal Welfare Act include: Activities that do not involve an invasive procedure and that do not harm or materially alter the behavior of an animal. Activities in which animals are temporarily held captive in a manner that does not harm or materially alter their behavior and the animals are subsequently released. Activities in which animal handling does not cause harm or physical or behavioral alterations that materially impair function. Procedures including handling, restraint, capture and containment that are not invasive and do not harm or materially alter the behavior of the study animal, such as but not limited to: ear tagging using routine methods (for most species), minimally invasive placement of microchips and radio collars, or collecting small samples of peripheral blood or tissues resulting in minimal impact to the animal. Activities involving free-living wild animals in their natural habitat that do not meet the definition of “field study” and therefore must follow AWA requirements include: A study that involves an invasive procedure or that harms an animal, such as but not limited to: intra-cardiac blood collections arterial/venous cut downs surgical procedures Procedures designed to cause the death of an animal by methods other than those that meet the AWA regulatory definition for “euthanasia” Procedures that materially alter the behavior or impair the function of an animal under study, such as but not limited to: removing an animal’s digit that is necessary for digging/climbing partial amputation of an animal’s tail that is used for digging/climbing use of hormones or pheromones to change mating or migration patterns other than for wildlife management activities To read the full policy, click here. APHIS is accepting comments until 12 October, online or in writing to Docket No. APHIS-2020-0087, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. If you have feedback on the examples provided by APHIS in the proposed policy that could be useful to the Ornithological Council as we develop our comments on the proposal, please contact Laura Bies at laurabiesoc@gmail.com. Background: A 2017 report by the Government Accountability Office audit, entitled “Animal Use in Federal Research,” recommended that the provide research facilities with clear criteria for identifying field studies covered under the Animal Welfare Act regulations. The criteria would cover studies that facilities are required to include in the annual report of animal use submitted to APHIS, as well as studies that are not required to be reported. 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 10 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! Photo credit: Noah Kahn
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