Laura Bies

The U.S. Fish and Wildlife Service recently released a proposal with a number of changes to its regulations regarding permits under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. You can read a summary of those proposed changes here. Comments are being accepted on the proposal though 31 July. Read on to learn more about the proposed changes to salvage authorization specifically. Currently, a permit is required for any person to salvage (i.e., pick up) migratory birds found dead, including parts, feathers, nonviable eggs, and inactive nests. Last week’s proposal would instead create a new regulatory authorization so that any person could salvage dead migratory birds (as well as feather, inactive nests and nonviable eggs). Of course, Federal, State, and/or local guidance for safe handling and disposal of dead wildlife should always be followed. All birds salvaged must be promptly disposed of by donation to a person or entity authorized to receive them or disposed of by complete destruction. Birds may not be retained for personal use, sold, bartered, or traded. Private citizens often find dead birds and take the carcasses to museums. However, because those citizens are not currently legally authorized to pick up the dead birds, the museums (and university teaching collections) are often reluctant to accept them. If a person who finds a dead bird is discouraged from bringing that specimen to a museum, valuable educational and scientific material is lost. The Ornithological Council has long supported a citizen salvage policy or regulation. With this new rule in place, valuable scientific and educational information will be retained. In addition, the proposal would relieve the administrative burden of the permitting process for both the USFWS and for those who salvage birds with some regularity. In addition to permitting citizen salvage of migratory birds, the proposal also addresses the disposition of salvaged bald eagles and golden eagles. Currently, salvage permit conditions require that salvaged eagles, parts, and feathers be donated to the National Eagle Repository. If someone without a salvage permit finds an eagle, they must notify a wildlife agency with authorization to salvage the eagle, which will then send it to the National Eagle Repository. However, most wildlife agencies have limited capacity to to this, meaning that many found eagles do not reach the National Eagle Repository. Under the proposed regulation, any salvaged bald eagles or golden eagles would still be donated to the National Eagle Repository. However, if determined unsuitable by the National Eagle Repository, they could be donated for scientific or exhibition purposes or completely destroyed. The proposal also includes a new regulatory authorization for USFWS and state wildlife agency employees, which would allow them to salvage birds, use migratory bird specimens for educational programs, transport birds to medical care, and relocate birds in harm’s way without a permit. This change would facilitate agency employees conducting routine activities and reduce the administrative burden of the permit process on both the USFWS and other natural resource agencies. The proposed language for these new authorizations is below. Thoughts on the changes? The USFWS is collecting public comment through 31 July. Remember, while these changes have been proposed by the USFWS, they are not yet effective - meaning that, for now, a permit is still required for salvage. Stay tuned to the ‘News from the OC’ forum on Ornithology Exchange to follow the rule-making process for this proposal. Proposed regulatory language: § 21.16 Salvage authorization. The regulations in this section authorize salvage activities and provide an exception to permit requirements for these activities. (a) Salvage of migratory birds. Any person may salvage migratory bird specimens under the conditions set forth in this section. Specimens include whole birds found dead, parts, and feathers, including bald eagles and golden eagles. Inactive nests and nonviable eggs, except for those of bald eagles or golden eagles, may also be salvaged under the regulations in this section. This authorization does not apply to live birds, viable eggs, or active nests. (1) All salvaged specimens must be disposed of within 7 calendar days. (2) You must tag each specimen intended for donation with the date, location of salvage, and the name and contact information of the person who salvaged the specimen. The tag must remain with the specimen. (3) Nonviable eggs may not be salvaged during breeding season unless you are sufficiently skilled and able to discern viable eggs from nonviable eggs. Salvage of viable eggs is not authorized. (4) If you encounter a migratory bird with a Federal band, you must report the band to the U.S. Geological Survey Bird Banding Laboratory. (b) Disposition of bald eagles and golden eagles. (1) If you salvage a whole bald eagle or golden eagle (eagle), part of an eagle (e.g., wing or tail), or feathers, you must immediately contact the National Eagle Repository and follow the Repository’s instructions on transferring the eagle, parts, or feathers to the Repository. (2) If you salvage an eagle specimen that are not accepted by or the National Eagle Repository provides written authorization for donation of eagle specimen type listed in paragraph (b)(1) of this section, you may donate specimens to a public museum, public scientific society, or public zoological park authorized to receive eagle specimens for scientific or exhibition purposes under a valid permit authorization (50 CFR 22.15) or permit (50 CFR 22.50). (3) If not disposed of in accordance with the regulations in paragraphs (b)(1) or (2) of this section, eagle specimens must be disposed of at the direction of the Service Office of Law Enforcement. Personal use is not authorized. Eagles may not be held in possession for more than 7 calendar days and may not be sold, bartered, or offered for purchase, sale, or barter. (c) Disposition of all other migratory birds. (1) Except for bald eagles or golden eagles, migratory bird specimens may be disposed of by donation to any person or institution authorized to receive them under a valid permit or regulatory authorization. (2) If not donated, migratory bird specimens must be disposed of by destroying specimens in accordance with Federal, State, and local laws and ordinances. Personal use is not authorized. Birds, parts, nests, and eggs may not be held in possession for more than 7 calendar days and may not be purchased, sold, bartered, or offered for purchase, sale, or barter. (d) Records. You must maintain records of all donated birds, including eagles sent to the National Eagle Repository for 5 years. Records must include species, specimen type, date, location salvaged, and recipient. At any reasonable time upon request by the Service, you must allow the Service to inspect any birds held under this authorization and to review any records kept. (e) Other requirements. Additional Federal, State, Tribal, or Territorial permits may be required. This authorization does not grant land access. You are responsible for obtaining permission from landowners when necessary and for complying with other applicable laws. (f) Reporting to law enforcement. You must notify the Service Office of Law Enforcement (see 50 CFR 10.22 for contact information) if you suspect birds were illegally killed or if five or more birds are found dead and there is a risk of mortality due to disease. § 21.34 Natural resource agency employees authorization. (a) Excepted activities. While performing their official duties, employees of Federal, State, Territorial, and federally recognized Tribal natural resource agencies may conduct the following activities without a permit: (1) Salvage. Natural resource agency employees may salvage migratory bird remains found dead in accordance with the salvage authorization (§ 21.16). (2) Educational use. Natural resource agency employees may possess migratory bird specimens for conservation education programs in accordance with the authorizations for use of educational specimens (§ 21.18) and the exhibition of eagle specimens (50 CFR 22.15). A permit is required to possess live birds, viable eggs, or active nests for educational use. (3) Transport. Natural resource agency employees may transport sick, injured, or orphaned birds in accordance with § 21.76(a). If transport is not feasible within 24 hours, follow the instructions of a federally permitted migratory bird rehabilitator to provide supportive care, retain in an appropriate enclosure for up to 72 hours, or euthanize the birds. (4) Relocate. Natural resource agency employees may trap and relocate migratory birds, nests, eggs, and chicks in accordance with § 21.14. Employees are authorized to conduct these activities to remove birds from structures or whenever birds or humans are at risk if birds are not relocated. Additional authorization is required for bald eagles, golden eagles, or migratory birds on the List of Endangered and Threatened Wildlife (50 CFR 17.11). (b) Volunteers and contractors. Individuals under the direct supervision of an agency employee (e.g., volunteers or agents under contract to the agency) may, within the scope of their official duties, conduct the activities authorized by this authorization. An authorized individual must have a designation letter from the agency describing the activities that may be conducted by the individual and any date and location restrictions that apply. (c) Official capacity. Employees and other authorized individuals must act within their official duties, training, and experience when conducting authorized activities, especially when handling live birds. Live birds must always be cared for under humane and healthful conditions as defined in § 21.6. (d) Records. Agencies must keep records for 5 years of activities conducted under this authorization. The records must include the species and number of birds, the type of activity, date, and disposition. About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!

From the U.S. Fish and Wildlife Service - Songbirds, Shorebirds and Other Migratory Birds to Benefit from More Than $24 Million in Funding Throughout the Americas Jun 7, 2023 Media Contacts: Vanessa Kauffman Today, the U.S. Fish and Wildlife Service is announcing more than $24 million in funding has been approved for grants through the Neotropical Migratory Bird Conservation Act for conservation projects to benefit migratory birds and people throughout the Americas. For over two decades, the Neotropical Migratory Bird Conservation Act has provided critical support for neotropical bird conservation and research throughout the Western Hemisphere each year. It is the only source of federal funding solely dedicated to the conservation of migratory birds shared throughout the Americas. This year, more than $5.1 million in federal funds will be matched by more than $19.6 million in partner contributions going to 32 collaborative conservation projects in 30 countries across the Americas. “We have lost nearly three billion birds in North America alone since 1970. These grants and partnerships play a crucial role in addressing bird declines across the Western Hemisphere by working to protect and positively impact millions of acres of diverse habitats where birds winter in the south, breed in the north, and where they migrate along the way,” said Service Director Martha Williams. “Thanks to the many networks that have developed through these projects, powerful conservation alliances and partnerships are growing to help many of the most at-risk species and their habitats.” There are 390 species of neotropical migratory birds that migrate across the Western Hemisphere, to and from the U.S. each year, including songbirds, shorebirds and birds of prey. In addition to their role in pollination, seed dispersal and pest control, birds also provide early warnings of the effects of climate change and environmental contamination and contribute billions of dollars to the economy through bird watching and photography. This funding will help prevent these species from being listed as threatened or endangered, with priority given to more imperiled species that are listed on the Service’s Birds of Conservation Concern 2021report. This year’s project highlights include: Implementing Golden-cheeked Warbler Conservation Plan in Chiapas VI (Mexico) This project will increase habitat protection through forest management and recovery, research, and outreach to reduce habitat pressures on the endangered golden-cheeked warbler, four Birds of Conservation Concern and dozens of other migratory species impacted by deficient forest management practices, forest fires and illegal logging activities throughout Chiapas State in Mexico. Strengthening Shorebird Conservation in Parita Bay (Panama) The National Audubon Society is partnering with the Inter-American Development Bank and Panama Audubon Society to implement a three-year project focused on the conservation and protection of coastal habitats along the Pacific coast of Panama, some of the most important stopover and wintering habitat for neotropical migrant shorebird species in the Americas, including American oystercatcher, Wilson’s plover, marbled godwit and willet. Protecting and Restoring the Ecuadorian Chocó (Ecuador) Partners will implement the first phase of BirdLife International’s 10-year Conservation Investment Strategy for the Ecuadorian Choco-Andes which will protect priority bird habitat and improve knowledge on the abundance and distribution of migratory birds, including at least three Birds of Conservation Concern: cerulean warbler, Canada warbler and olive-sided flycatcher. Since 2002, the NMBCA has provided more than $89 million in grants to support 717 projects in 43 countries. These projects have positively affected more than 5 million acres of bird habitat and spurred partnerships on multiple levels contributing an additional $346 million. A complete list of this year’s approved grants projects is available and all projects in the database. Additional information about migratory bird conservation can be found by visiting online the Service’s Migratory Bird Program.

The U.S. Fish and Wildlife Service has announced proposed revisions to their regulations governing migratory bird and eagle permits. The proposed changes span several sections of regulations and several permit types. Comments on the proposed changes are due 31 July. A summary of the proposed changes is below; additional articles on the Ornithology Exchange in the coming weeks will delve further into the details of the various changes. The proposal would modify five existing regulatory authorizations, and propose several new regulatory authorizations. Airborne Hunting Act Regulations - The Airborne Hunting Act prohibits the use of an aircraft to harass any wildlife, which includes migratory birds. Current regulations authorize the harassment of migratory birds under the AHA under depredation permits. The proposal would expand this to allow authorization of aircraft use (including drone use) that may potentially harass migratory birds under migratory bird permits or eagle permits. Salvage Authority - The USFWS proposes a new authorization for any person to salvage migratory birds found dead. Any salvaged bird must be promptly disposed of by donation to a person or entity authorized to receive them, such as for purposes of education or science, or disposed of by complete destruction. (Contact the USFWS Migratory Bird Program to determine if an entity is authorized to receive donated birds). Salvaged birds cannot be retained for personal use, sold, bartered, or traded. Anyone salvaging birds should follow all applicable Federal, State, and/or local guidance for safe handling and disposal of dead wildlife. Currently, a permit from USFWS is required to salvage dead birds. Eliminating this permit requirement will relieve the administrative burden of the permitting process for both the agency and for those who salvage birds with some regularity. Current regulations also require that, if someone without a salvage permit finds an eagle, they must notify a local, State, or Federal wildlife agency that has authorization to salvage the eagle, parts, or feathers. The agency then sends the items to the National Eagle Repository. Current salvage permit conditions require that salvaged eagles, parts, and feathers be disposed of by donation to the National Eagle Repository. Under the proposal, the agency would continue to require that any salvaged bald eagles or golden eagles be donated to the National Eagle Repository and to allow the National Eagle Repository to determine if eagles, parts, or feathers are unsuitable for distribution. However, the proposed rule provides that, if determined unsuitable by the National Eagle Repository, those items could be donated for scientific or exhibition purposes or completely destroyed. Public Institutions - The current regulations authorize certain public entities to possess migratory bird specimens. The proposal would change to this authorization by restricting the authorizations to the possession of specimens only ( i.e., excluding live birds) and expanding this authorization to all public entities. Additional revisions would incorporate current universal permit conditions required in possession permits for educational use under the special purpose regulations. Public Institutions—Authorization for Exhibition Use of Eagle Specimens - Under the current rules, an eagle exhibition permit is required to possess eagle specimens for exhibition purposes. The proposal would allow public museums, public scientific societies, and public zoological parks to possess eagle specimens for exhibition use without a permit. Licensed Veterinarians Authorization - Under the current rule, licensed veterinarians are authorized to provide veterinary care of sick, injured, and orphaned migratory birds including eagles. The proposal would edit the existing language to improve readability, clarify what is included in veterinary care, and clarify expectations regarding disposition of live and dead migratory birds. Mortality Event Authorization - Regulations currently authorize natural resource and public health agency employees to address avian disease outbreaks without a permit. The USFWS' proposal would clarify the existing language and expand the current scope of this authorization from disease outbreaks to all mortality events. The primary use of this regulatory authorization is to respond to avian infectious disease outbreaks, such as avian influenza or West Nile virus. The proposed authorization also clarifies that take of asymptomatic birds for activities such as disease monitoring is not covered by this regulatory authorization. Instead, agencies conducting disease monitoring of asymptomatic, live birds should obtain a scientific collecting permit. Natural Resource Agency Employees Authorization - USFWS and State wildlife agency employees are authorized under special purpose permits to salvage birds, use migratory bird specimens for educational programs, transport birds to medical care, and relocate birds in harm's way. The USFWS is proposing to establish a new regulatory authorization for these activities and no longer require a permit. Law Enforcement Authorization (Proposed for Revision) - Regulations currently authorize Department of the Interior law enforcement personnel to conduct certain activities without a permit. The proposal would clarify that this authorization pertains to all law enforcement agencies authorized to enforce laws consistent with the MBTA or Eagle Protection Act, as long as they are performing official law enforcement duties. It would also allow law enforcement agents to temporarily designate authority to another individual to acquire, possess, transport, or dispose of migratory birds on behalf of law enforcement in certain circumstances—for example, to pick up and dispose of a deceased bird in a remote area. Humane and Healthful Conditions Definition - Regulations currently require any live wildlife to be possessed under “humane and healthful conditions” but do not provide a definition of that term. The agency has proposed adding a definition: humane and healthful conditions means using methods supported by the best available science that minimize fear, pain, stress, and suffering of a migratory bird held in possession. This definition applies during capture, possession (temporary or long term), or transport. Humane and healthful conditions pertain to handling (e.g., during capture, care, release, restraint, and training), housing (whether temporary, permanent, or during transport), shelter, feeding and watering, sanitation, ventilation, protection from predators and vermin, and, as applicable, enrichment, veterinary care, and euthanasia. Rehabilitation Regulations - The proposal would remove the reference to the Minimum Standards for Wildlife Rehabilitation (2000) as guidelines for evaluating the adequacy of caging dimensions, and instead move the reference to policy, so that the regulations do not need to be updated through rule making with each update of those standards. Removal of Birds from Buildings - Current regulations include a regulatory authorization that authorizes any person to remove a migratory bird from the interior of a building or structure. The proposal would expand the authorization from the current text of “residence or a commercial or government building” to “residence, business, or similar human-occupied building or structure,” so that structures similar to buildings, such as belltowers, are also included. Stay tuned to the News from the Ornithological Council forum for more on these changes!

Bald eagles are often touted as a massive conservation success story due to their rebound from near extinction in the 1960s. But now a highly infectious virus may put that hard-fought comeback in jeopardy. New research showed highly pathogenic avian influenza, also known as H5N1, is killing off unprecedented numbers of mating pairs of bald eagles. Learn more here and read the underlying research paper here.

The U.S. Fish and Wildlife Service is planning to update its regulation regarding the exhibition of migratory birds and eagles. Currently, the agency regulates the exhibition of migratory birds under a Special Purpose Possession Live permit (through FWS Form 3–200–10c, issued under 50 CFR 21.95) and the exhibition of bald eagles and golden eagles under an Eagle Exhibition Live permit (through FWS Form 3–200–14, issued under 50 CFR 22.50) The USFWS is proposing to issue new migratory bird exhibition regulations to authorize possession of live, non-releasable or captive-bred migratory birds for use in teaching people about migratory bird conservation and ecology, and to revise the regulations authorizing eagle exhibition. Earlier this year, the USDA’s Animal Plant Health Inspection issued a new rule, regulating the care of birds under the Animal Welfare Act. The USFWS, in the new and revised exhibition regulations, is seeking “to prevent conflicting regulations and minimize regulatory burden to exhibitors,” according to the agency’s Federal Register notice. The USFWS is considering continuing to regulate the movement of migratory birds from the wild to exhibition, with the care of exhibition birds primarily regulated by USDA under the Animal Welfare Act, through a mechanism called a regulatory authorization. Regulatory authorizations are regulations that establish eligibility criteria and conditions for the take or possession of migratory birds by an entity without requiring a permit to conduct those activities. Under the regulatory authorization, a permit from USFWS would not be required to exhibit migratory birds for AWA license holders. If an AWA license was not required, then the USFWS would require an exhibition permit for migratory birds and eagles. The USFWS is requesting feedback on several specific questions to assist it in developing its new and revised regulations, as summarized below. For the full questions and additional context, please read the notice from the agency here. Question 1. What regulatory authorization conditions should the USFWS require in addition to AWA license conditions? (e.g., “migratory birds may not be handled by the general public” or “migratory birds may be held but not otherwise touched by the general public.”) Question 2. The USFWS is seeking estimates of how many exhibitors are not likely to be required to or hold an AWA license. For these exhibitors, should the USFWS continue using special purpose permits for migratory birds or promulgate a new regulation for migratory bird exhibition. Additionally, should the USFWS continue to have separate permits for migratory birds and eagles, or combine exhibition authorization for migratory birds and eagles into a single permit? Question 3. Should the USFWS continue the requirement that the transfer of any wild bird to exhibition must be approved by the USFWS prior to transfer? Question 4. The USFWS is considering being more restrictive in ensuring wild birds approved for exhibition are suitable for long-term captivity. Is this an appropriate role for the USFWS? How should the USFWS design the information requested and review of transfer requests to ensure birds are suitable for exhibition use without being unduly burdensome to exhibitors or the USFWS? Question 5. Should there be restrictions on the compensation that can be received for exhibition, and if so, under what circumstances and conditions? Question 6. Should the breeding of exhibition birds be authorized, and if so, under what circumstances and conditions? Question 7. Exhibition activities are occasionally conducted by those who hold migratory birds under other permit types, such as falconry, raptor propagation, and others. For circumstances where exhibition is not the primary use of the migratory bird, the USFWS is considering the following three approaches. (1) For State-licensed falconers, a regulatory authorization where no permit is required for State-licensed falconers who receive less than a set amount in compensation per calendar year for exhibition programs ( e.g., $1,000). (2) For falconry schools, if a falconry school holds an AWA license, then an MBTA exhibition permit is not required. If the falconry school does not hold an AWA license, an MBTA exhibition permit is required. (3) For other MBTA permittees who conduct exhibition activities, but exhibition is not the primary use of the migratory bird, the following would apply: If the permittee holds an AWA license for exhibition, then an MBTA exhibition permit is not required. If the permittee does not qualify for an AWA license, exhibition authorization can be added to the existing MBTA permit ( e.g., raptor propagation, waterfowl sale and disposal, etc.). Do the three approaches described above make sense for those unique use cases? Are there other unique cases we have not considered? Question 8. Should the USFWS change practice and allow marked, individual migratory birds to be held under multiple permits? (i.e., a banded raptor could be authorized for falconry, raptor propagation, and exhibition) Comments are due by July 3. In 2010, the USFWS proposed new regulations for the possession and use of migratory birds in educational programs and exhibits, but that regulation was never finalized. Read the Ornithological Council’s comments on the 2010 proposal here. About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!

The U.S. Fish and Wildlife Service has proposed adding the Sira Curassow and Southern Helmeted Curassow, found in Peru and Bolivia respectively, to the list of species protected under the Endangered Species Act. Both species are threatened by hunting, and, to a less extent, habitat loss and degradation. In 1991, the International Council for Bird Preservation petitioned the USFWS to add 53 foreign bird species, including the southern helmeted curassow, to the ESA list. Three years later, the agency determined that the southern helmeted curassow, was a candidate for listing. The Sira curassow was recognized as a separate species in 2014 and so also became listed as a candidate. USFWS will accept comments on the proposal through 31 July. ***** USFWS PRESS RELEASE May 31, 2023 Contact: publicaffairs@fws.gov Service Proposes to List Two South American Bird Species as Endangered The U.S. Fish and Wildlife Service is proposing to list both the Sira curassow and southern helmeted curassow, two bird species from South America, as endangered under the Endangered Species Act. Both species currently are classified as critically endangered on the IUCN Red List. The Sira curassow is endemic to central Peru, and the southern helmeted curassow is endemic to central Bolivia. Both species are large, heavy-bodied birds with bright red bills and pale blue “helmets” on their heads. Hunting, habitat loss and degradation, small population size and climate change are main factors that affect the species’ viability throughout their ranges. Climate change will result in additional loss of forested habitat for these species. Both curassow species are considered rare, locally uncommon, and decreasing. The Sira curassow’s population is very small (50–249 mature individuals); the southern helmeted curassow’s population is also small (1,000–4,999 individuals) and has declined by 90 percent over the past 20 years. In 2022, a species status assessment team prepared an SSA report for the two species. The SSA team was composed of Service biologists, in consultation with other species experts. The SSA report represents a compilation of the best scientific and commercial data available concerning the status of the species, including the impacts of past, present, and future factors (both negative and beneficial) affecting the species. Information about the status of both species populations is supplemented with anecdotal information based on interviews with local indigenous communities. The Service is seeking public comments on the proposal to list both species, particularly regarding: The species’ biology, range and population trends, including: Biological or ecological requirements of the species, including habitat requirements for feeding, breeding, and sheltering. Genetics and taxonomy. Historical and current range, including distribution patterns and the locations of any populations of these species. Historical and current population levels, and current and projected trends. Past and ongoing conservation measures for the species, their habitats or both. Threats and conservation actions affecting the species, including: Factors that may be affecting the continued existence of the species, which may include habitat destruction, modification, or curtailment; overutilization; disease; predation; the inadequacy of existing regulatory mechanisms; or other natural or manmade factors. Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to these species. Existing regulations or conservation actions that may be addressing threats to these species. Existing regulations whether either of these species are protected species in their range countries. Additional information concerning the historical and current status of these species. For more information and to submit comments, visit the Federal eRulemaking Portal at https://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2023-0053, which is the docket number for this rulemaking. ***** About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one donating to the OC at Birdnet.org. Thank you for your support!

A recent U.S. Supreme Court decision in Sackett v. EPA found that the Clean Water Act’s reach only extends to those wetlands with a continuous surface connection with a larger body of water, such that it is “difficult to determine where the ‘water’ ends and the ‘wetland’ begins.” The case turns on the definition of “waters of the U.S” under the Clean Water Act. At the center of the case is property owned by Michael and Chantell Sackett near Priest Lake in Idaho. The Environmental Protection Agency, charged with administering permits issued under the Clean Water Act, argued that the property that the Sacketts wanted to develop was adjacent to the lake 300 feet away, making it subject to federal jurisdiction. The Supreme Court disagreed, finding the wetlands’ connection to the nearby lake too tenuous to qualify as “waters of the U.S.” and therefore fall under the jurisdiction of the CWA. Last week’s ruling was unanimous, but the justices provided different reasons for their rulings. The conservative majority ruled that the CWA did not apply to the property, since a roadway runs between the wetlands on the property and the nearby lake. The liberal justices also found that the CWA should not apply to the Sackett’s property, but noted that they felt that the majority opinion strayed too far from the text of the CWA itself. A third option, penned by Justice Kavanaugh and joined by the three liberal justices, warned that limiting the reach of the CWA to adjoining wetlands would leave many adjacent (but not adjoining) wetlands unprotected. The interpretation of “waters of the U.S." dates back to a 1986 rule. In 2006, in Rapanos v. U.S., the Supreme Court, in a 4-1-4 ruling developed two separate tests for whether a body of water was subject to the CWA. In one, a surface water connection was required. The other, broader approach, which was more widely adopted by federal courts, required a “significant nexus” between the area in question and navigable waters. The Obama administration in 2015 finalized a rule that attempted to more clearly defined which waters received CWA protection after the Rapanos case, and others, created uncertainty. The 2015 rule extended CWA protections for wetland habitats and other interconnected aquatic systems. The Trump administration then developed a new rule, limiting the reach of the CWS. The 2020 rule only protected wetlands under the CWA if they had “relatively permanent” surface water connections with other nearby waterways - an interpretation that meant that about 51 percent of the nation’s wetlands lost protections under the regulation. Recently, the Biden Administration has finalized yet another interpretation of “water of the U.S.” The 2023 rule is broader than the 2020 rule, but not as inclusive as the 2015 rule. However, it now will need to be revised to be in accordance with the recent Supreme Court decision. The decision in Sackett throws into question the legal status and protection of as many as 90 million acres of wetlands across the U.S. Such wetlands, of course, are critical to birds during migration, as breeding sites, and as wintering sites. About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one donating to the OC at Birdnet.org. Thank you for your support!

The WOS is pleased to announce the latest winners of our annual publication awards, for papers and reviews published in 2022. The Edwards Prize, awarded to the authors of the best Major Article in each volume of The Wilson Journal of Ornithology, goes to Amanda W. Van Dellen and James S. Sedinger for their paper Predation risk and settlement decisions by colonially nesting Black Brant (Branta bernicla nigricans). You can read Dr. Sedinger’s blog post about the prize-winning paper here. The Olson Prize, awarded to the author of the best book review in each volume of The Wilson Journal of Ornithology, goes to Christopher J. Clark for his review of Hummingbirds: A Celebration of Nature’s Jewels by Glenn Bartley and Andy Swash. The Edwards Prize-winning article and the Olson Prize-winning review are available Open Access via the links above. Plaques commemorating the awards will be presented to the winners at our annual meeting, to be held in Allentown, Pennsylvania, on June 20–23, 2023. The Edwards Prize, first awarded by the Society in 1970, is named in memory of Ernest P. “Buck” Edwards (1919–2011), who proposed the idea of a prize for best paper and provided initial supporting funds. The Edwards Prize-winning paper is chosen by a panel comprised of the Editor-in-Chief of the WJO and the corresponding authors of the two previous award-winning papers. The Olson Prize, first awarded by the Society in 2009, is named in honor of Storrs L. Olson (1944–2021), a prolific writer of witty, erudite book reviews for the WJO and other bird journals. The Olson Prize-winning review is chosen by a panel comprised of the Book Review Editor of the WJO and the authors of the two previous award-winning reviews. Congratulations to this year’s publication award winners!

The White House Office of Science and Technology Policy will host a series of virtual listening sessions to explore perspectives on the challenges and opportunities for advancing open science in the United States and solutions that might be implemented by the U.S. Government. These sessions, part of a Year of Open Science announced by the White House in January 2023 to advance open science policies across the federal government, will focus on the needs, priorities, and experiences of the early career researcher community. Registration is required to attend. The four upcoming sessions all have a specific focus and target participant group: Open Science Possibilities for Lowering Barriers to Entry: Perspectives from Early Career Researchers on Engaging in Open Science Participants: The public, including undergraduates, graduate students, and postdoctoral researchers Wednesday, May 31, 2023 at 1:00 – 3:00 pm EDT Register at: https://ida-org.zoomgov.com/meeting/register/vJItfuiqqz4vHFvRDVHZ8InYIGm0sEgXvqA Open Science Possibilities for Equitable Participation and Access: Perspectives from Early Career Researchers at Emerging Research Institutions Participants: The public, including undergraduates, graduate students, and postdoctoral researchers from emerging research institutions, including Minority Serving Institutions (MSIs), Tribal Colleges and Universities (TCUs), Historically Black Colleges and Universities (HBCUs), Community Colleges, and Primarily Undergraduate Institutions Monday, June 5, 2023 at 1:00 – 3:00 pm EDT Register at: https://ida-org.zoomgov.com/meeting/register/vJIsce2upj8rGmbK7qouu0H4OX4zDZeD7ZU Open Science Possibilities for Career Advancement: Perspectives from Early Career Researchers on Opportunities and Challenges in Career Progression and Trajectory Participants: The public, including undergraduates, graduate students, and postdoctoral researchers Tuesday, June 6, 2023 at 3:00 – 5:00 pm EDT Register at: https://ida-org.zoomgov.com/meeting/register/vJIsdOyppjIqHHZR9Fa75AjDHbIslfokQ58 Open Science Possibilities for Training and Capacity Building: Perspectives from the Early Career Researcher-Supporting Community Participants: The public, including trainers, librarians, college and university administrators, or any other staff supporting the early career researcher community in capacity building for open science Monday, June 12, 2023 at 1:00 – 3:00 pm EDT Register at: https://ida-org.zoomgov.com/meeting/register/vJItf-qhrTstHol-mxkbfsGVMmx4HcnTo-Q When registering, you will be asked to indicate whether you would like to offer feedback during the listening session or not. If you would like to provide information in addition to or in lieu of participation in the listening session, contact OpenScience@OSTP.eop.gov. About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one donating to the OC at Birdnet.org. Thank you for your support!

USFWS PRESS RELEASE FOR IMMEDIATE RELEASE May 18, 2023 Contact: publicaffairs@fws.gov Innovating for Conservation: Theodore Roosevelt Genius Prize Competitions Offer up to $100,000 for Novel Conservation Solutions The public can now help reimagine what drives wildlife conservation in the 21st century by participating in the U.S. Fish and Wildlife Service’s Theodore Roosevelt Genius Prize competitions, which open for entries today at https://www.challenge.gov/. The competitions will engage the public to help address six important conservation issues: preventing wildlife poaching and trafficking, promoting wildlife conservation, managing invasive species, protecting endangered species, managing nonlethal human-wildlife conflict, and reducing human-predator conflict. Prize winners are eligible for up to $100,000 for each winning prize solution. “Today’s communities and wildlife habitats face sizable conservation challenges like climate change, wildlife poaching and trafficking, habitat reduction and the loss of pollinators,” said Service Director Martha Williams. “We need innovators with a wide variety of skill sets and perspectives to help us collaboratively advance resource stewardship and conservation around the globe.” Through the prize competitions, the Service seeks to spark the interest and imagination of out-of-the-box thinkers across the nation, to source diverse solutions and catalyze new markets addressing complex conservation challenges. The prize competitions are open to every American and aim to build a community of innovators who can help guide the future of conservation. Last year’s winning ideas included an invasive reptile smart-trapping system, a nucleic acid barcode that identifies poached and trafficked wildlife products anywhere in the world, and a robotic technology that reduces cattle predation by encouraging natural herding behavior. By promoting innovation and engaging a diverse community of thought, the competitions support the missions of the Department of the Interior and the Service and contribute to achieving the goals of the Administration’s America the Beautiful initiative and work being done under the Bipartisan Infrastructure Law. Both efforts underscore the Administration’s all-of-government approach to bolstering climate resilience and protecting natural areas for current and future generations. The Service is partnering with the National Fish and Wildlife Foundation, which has helped administer the competitions. The competition is guided by the Theodore Roosevelt Genius Prize Advisory Council, a designated Federal Advisory Committee. The council advises competition winners on opportunities to pilot and implement their nascent technologies, helping them develop potential partnerships with conservation organizations, federal or state agencies, federally recognized Tribes, private entities and research institutions with relevant expertise or interest. The submission deadline for the competitions is June 27, 2023, with judging to occur July through August 2023, and winners will be announced in October 2023. The prize purse for each of the six focus areas is up to $100,000 for the winning technology innovation. The Service may also recognize additional participants with non-monetary, honorable mention awards. For more information and to apply, please visit https://www.challenge.gov/.

The USDA Animal and Plant Health Inspection Service has approved the emergency use of an avian influenza vaccine for California Condors (Gymnogyps californianus), in response to an outbreak of HPAI along the Arizona/Utah border. Recently, environmental groups had called for such authorization for the endangered Condor population, given that 21 of the flock’s 116 condors had died from avian influenza as of May 5. Updates from U.S. Fish and Wildlife Service on HPAI and Condors are available here. Read the press release from APHIS below. ***** PRESS RELEASE: USDA Takes Action to Help Protect Endangered California Condors From Highly Pathogenic Avian Influenza The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is taking emergency action to help protect the critically endangered California condors after several have died from highly pathogenic avian influenza (HPAI). APHIS has approved the emergency use of HPAI vaccine in an attempt to prevent additional deaths of these birds. The U.S. Fish and Wildlife Service (USFWS) approached APHIS about vaccination after a California condor was found dead in late March and then confirmed positive for HPAI at APHIS’ National Veterinary Services Laboratories. Since then, 20 more condors have died. Another four are recovering at a rehabilitation center. Of these condors, 15 have been confirmed with HPAI, including two of the four in recovery. The authorized vaccine is a killed, inactivated product conditionally licensed by APHIS’ Center for Veterinary Biologics in 2016. Since the vaccine has not previously been tested against this strain of the virus in these species, the first step in the vaccination program is a pilot safety study in North American vultures, a similar species, to investigate if there are any adverse effects before giving the vaccine to the endangered condors. This trial is funded by the U.S Fish and Wildlife Service and will be carried out with the surrogate vultures in North Carolina beginning in May 2023. APHIS grants emergency use approvals, which exempt products from one or more regulatory requirements normally applied to licensed vaccines, to prevent, control, or eradicate animal diseases in connection with an official USDA program and/or an emergency animal disease situation. APHIS approved this emergency vaccination of the condors because these birds are critically endangered, closely monitored, and their population is very small (less than 600), which allows close monitoring of the vaccine to ensure it is administered only to the approved population. Vultures and California condors are wild birds, not poultry as defined by the World Organization of Animal Health (WOAH), and APHIS does not expect their vaccination to result in impacts to poultry trade. This emergency use approval is limited to the endangered California condors. USDA Agricultural Research Service scientists continue to research vaccine options that could protect U.S. poultry from HPAI, should vaccination be necessary for additional birds in the United States. Currently, biosecurity measures remain the best, most effective tool for mitigating the virus in commercial flocks, and improved biosecurity measures by the commercial industry have vastly reduced the number of detections compared to previous outbreaks. For example, in April 2022, there were a total of 106 commercial poultry HPAI detections. In April 2023, there were 2 commercial poultry detections, a decrease of 85% from the previous year. More information about APHIS’ efforts to work with industry as well as state and other federal partners to manage the outbreak can be found here. ***** About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one donating to the OC at Birdnet.org. Thank you for your support!

The landscape of science is changing: People from increasingly varied backgrounds, identities, cultures, and genders are pursuing careers in STEM (science, technology, engineering, and mathematics) fields. Support for this more diverse population of scientists needs to extend beyond “one size fits all” to better meet the needs of today’s scientists. Expanding support and strengthening the sense of community for individuals and groups who have not been historically welcomed in a discipline can foster a deeper sense of belonging and meaningfully broaden representation within that field. Researchers from the University of Nebraska–Lincoln and Virginia Tech have teamed up on a new project recently funded by the National Science Foundation (NSF) in an effort to create widespread cultural change and increased inclusivity within the field of ornithology. Professional scientific associations and societies can guide and shape the culture within their respective fields, cultivating supportive communities and providing relevant resources to ensure that all scientists have the professional and personal support they need to succeed on their chosen career path. The universities are partnering with three ornithological societies: the American Ornithological Society (AOS), the Wilson Ornithological Society (WOS), and the Association of Field Ornithologists (AFO). The project, Co-creation of affinity groups to facilitate diverse and inclusive ornithological societies, was awarded a combined half-million dollar grant through the NSF grant program Leading Cultural Change Through Professional Societies of Biology (BIO-LEAPS) to address the need for cultural change within ornithology. This initiative will use an internal culture assessment conducted by the AOS in 2022 as its starting point and seeks to build a scientific field that fosters a greater sense of belonging among society members from historically excluded communities. “The AOS’s initial culture survey shows that historically excluded groups within ornithology would like more support and a stronger sense of community,” AOS executive director Judith Scarl explains. “The first step is listening; the second step will be taking meaningful action,” she says. The BIO-LEAPS program “aims to advance diversity, equity, and inclusion in the biological sciences broadly by leveraging the leadership, broad reach, and unique ability of professional societies to create culture change in the life sciences.” The goal of the joint project is twofold: First, the project seeks to understand the climate of the other two societies with respect to diversity and culture in order to recommend what changes and resources are needed. Second, the project aims to design a process for co-creating affinity groups, or “Flocks”—identity-based groups created by and for members of these communities—that will facilitate “transformative resilience” for these historically marginalized groups. “We are committed to celebrating diversity and encouraging people from all communities to learn, research, and appreciate the beauty of birds,” says Julie Jedlicka, president of the AFO. “This NSF grant provides a wonderful opportunity for our three societies to work together to increase diversity within the ornithological community as a whole and systematically address barriers that hinder participation,” she adds. Ultimately, the societies desire to transform ornithology into an inclusive discipline that leverages the talents of diverse communities of learners, scientists, and practitioners to solve urgent problems in ecology, conservation, and environmental justice. Principal Investigators (PIs) are Daizaburo Shizuka from the University of Nebraska–Lincoln and Ashley Dayer from Virginia Tech. “This grant is an important step in establishing a process for creating these communities and developing a plan for sustaining it,” Shizuka, also an AOS Council member, explains. “The goal of this program is to engage professional societies to catalyze cultural change in the field of ornithology,” he adds. “As a social scientist focused on bird conservation, inclusive research, and diversifying the field of science, I’m excited about this opportunity to work with the societies to co-produce evidence-based affinity groups,” says co-PI Ashley Dayer, who served as the first social scientist on the Ornithological Applicationseditorial board and recently wrote an article on disciplinary inclusion in AOS. “I look forward to working with recently hired postdoc Nathan Thayer to conduct surveys, focus groups, and workshops with members of the societies and build these affinity groups from the bottom up to meet ornithologists’ needs.” The project will foster broader impacts by offering collaborative engagement opportunities among the three societies and bird-focused nonprofit organizations (e.g., birding, conservation), governmental agencies, and minority-serving institutions and societies, resulting in a wider network of organizations that are committed to changing the culture of ornithology. “We are thrilled to be an integral partner in this tangible, creative project to build a more diverse ornithological community that is welcoming and supportive of everyone,” AOS president Colleen Handel says. This project will also provide educational and professional development opportunities at Virginia Tech in diversity, equity, inclusion, belonging, and justice (DEIBJ) for a postdoctoral scholar and undergraduate researchers in the Multicultural Academic Opportunities Program. “Fascination with birds is a catalyst to the development of careers in STEM and related fields,” president Tim O’Connell of the WOS says, adding, “Too often that universal appeal is not matched by universal opportunity to pursue careers in ornithology. We are delighted to partner with our friends in the American Ornithological Society and Association of Field Ornithologists to explore the role our societies can play in identifying and dismantling barriers to participation in ornithology.” The project’s findings will be shared beyond academia through large networks of bird conservation professionals such as the North American Bird Conservation Initiative. Finally, the project’s PIs anticipate broadening the diversity of scholars engaged in DEIBJ research, including undergraduates, Flock leaders, advisory teams, and senior personnel. “Scientific associations have such a huge and important opportunity to change the culture of science, so that we are more welcoming and supportive of people who have historically been excluded,” Scarl says. “Co-creating these ‘Flocks’ is a big step towards creating a better culture of support and belonging.” This grant will run from May 1, 2023, through an estimated end date of April 30, 2025. The partners are already considering applying for a follow-up implementation grant for stage two of this work. Shizuka says, “Our hope is that this is the tip of the iceberg, and that this work will lay the groundwork for a sustained, long-term commitment and funding to support the work of our Flocks.” ### About the National Science Foundation (NSF) Leading Culture Change Through Professional Societies of Biology (BIO-LEAPS) program BIO LEAPS supports the design, implementation and evaluation of projects that leverage the work of professional societies to advance diversity, equity, and inclusion in the biological sciences. About the American Ornithological Society The American Ornithological Society (AOS) is an international society devoted to advancing the scientific understanding of birds, enriching ornithology as a profession, and promoting a rigorous scientific basis for the conservation of birds. The AOS publishes two international journals, Ornithology and Ornithological Applications, which have a history of the highest scientific impact rankings among ornithological journals worldwide. The Society’s checklists serve as the accepted authority for scientific nomenclature and English common names of birds in the Americas. The AOS is also a partner with The Cornell Lab of Ornithology in the online Birds of the World, a rich database of species accounts of the world’s birds. The AOS is a 501(c)(3) nonprofit organization serving close to 3,000 members globally. About the Wilson Ornithological Society The Wilson Ornithological Society (WOS) is an international scientific society comprising community members who share a curiosity about birds. The WOS produces the quarterly Wilson Journal of Ornithology as the latest iteration of scientific journal publication supported by the Society since 1888. The WOS is committed to providing mentorship to both professional and amateur ornithologists through the sponsorship of research, teaching, and conservation. The WOS is further committed to identifying and dismantling barriers to participation in ornithology in all their forms, and to better fulfill our mission to support, mentor, and build community for all who seek to incorporate ornithology in their professional lives. About the Association of Field Ornithologists Founded in 1922 as the New England Bird Banding Association, The Association of Field Ornithologists (AFO) is one of the world’s major societies of professional and amateur ornithologists dedicated to the scientific study and dissemination of information about birds in their natural habitats. AFO encourages the participation of amateurs in research, and emphasizes the conservation biology of birds. The flagship publication of AFO is the Journal of Field Ornithology, which publishes original articles that emphasize the descriptive or experimental study of birds in their natural habitats.

The Department of Energy released a plan to reach the current administration’s goal of deploying 30 gigawatts of offshore wind energy by 2030, including a vision of wind energy development that “avoids, minimizes, and mitigates impacts” on marine habitats. Learn more here.

A new collaborative effort led by USGS aims to explore wind energy’s impacts on birds on a population level. Researchers use data from carcasses to gain better insight into how mortality events at individual wind developments impact bird populations across the continent. Learn more here.

A group of nearly 30 environmental groups have written to the Animal and Plant Health Inspection Service and the U.S. Fish and wildlife Service, asking them to move forward with “the rapid development, emergency approval, and swift deployment of a vaccine again the current HPAI strain jeopardizing the existence of the endangered California condor.” California condors (Gymnogyps californianus), which are listed as endangered under the U.S. Endangered Species Act, are found in a handful of populations in the American southwest. The USFWS, APHIS, and other parties are currently responding to an outbreak of avian influenza among the condors along the Arizona/Utah border. According to a recent update from the USFWS, 21 of the flock’s 116 condors have died from avian influenza as of May 5. The letter, drafted the Center for Biological Diversity and signed by the American Bird Conservancy and others, notes that, “While there are currently no approved vaccines against the current strain of HPAI, a vaccine has already been approved for use in wildlife in other parts of the world. Even though the U.S. Department of Agriculture (“USDA”) is testing vaccines and expects to have results by June, every day of delay matters and leads to potentially more condor deaths.” It continues, “There is a vital need to contain this outbreak and prevent further spread among condor populations as spring migration increases transmission. These circumstances necessitate expedited development and emergency approval of a vaccine regiment to protect the California condor.” About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one donating to the OC at Birdnet.org. Thank you for your support!

The U.S. Fish and Wildlife Service has issued an update regarding the status of the avian influenza out break among California Condors (Gymnogyps californianus). As of May 5, 21 confirmed HPAI positive condors have been found in northern Arizona. Read more in the update from USFWS here. You can find previous updates from USFWS and addition background information here.

The U.S. Fish and Wildlife Service has announced that it will reopen the comment period on its 2018 proposal to list the Black-capped Petrel (Pterodroma hasitata) as a threatened species under the Endangered Species Act. Citing “new information regarding planned offshore wind energy projects that fall within the black-capped petrel’s range,” the agency will accept comments for an additional 30 days, until 1 June. According to the Federal Register notice, “an area currently proposed for development off the coast of North Carolina overlaps with the species’ core foraging area along the Gulf Stream and nutrient-rich waters.” Learn more and comment here. About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one donating to the OC at Birdnet.org. Thank you for your support!

The American Bird Conservancy, along with several partners, has sued the Federal Aviation Administration, challenging the agency’s decision to allow SpaceEx to launch 20 Starship/Super Heavy rockets each year for the next five years at Boca Chica, Texas. Boca Chica is an ecologically important area, with nearby Federal and state public lands surrounding used by hundreds of thousands of individual birds of many different species throughout the year. Recently, the first rocket launched from the site exploded, showering the surrounding area with debris. Learn more in the press release from ABC, below. ***** PRESS RELEASE Lawsuit Aims to Protect Texas Wildlife Habitat, Beach Access From More Exploding Rockets: Regulators Failed to Address Dangers of SpaceX Launches at Boca Chica May 1, 2023 Following a massive rocket explosion in South Texas, national and local environmental groups and the Carrizo/Comecrudo Nation of Texas, Inc. sued the Federal Aviation Administration (FAA) today for failing to fully analyze and mitigate the environmental harms resulting from the SpaceX Starship/Super Heavy launch program at Boca Chica. The launch site sits next to prime habitat for protected species and migratory birds, like the Kemp's Ridley Sea Turtle and the Piping Plover. The first rocket to be launched from the site as part of the program exploded on April 20, showering the surrounding area with particulate matter. The agency permitted SpaceX to launch 20 Starship/Super Heavy rockets each year for the next five years. They are the largest rockets ever made, and they are being launched right next to crucial habitat, putting imperiled wildlife at great risk and harming community interests. Despite acknowledging the harm from SpaceX construction and launch activities, the FAA decided to forego a full environmental review, claiming the damages would not be “significant” due to proposed mitigation measures. Today's lawsuit argues that the proposed mitigation by the agency isn't enough to prevent the launch program from causing significant environmental harm. The agency hasn't explained how mitigation would address and prevent rocket explosions and fires that could wipe out neighboring habitat. The suit calls for a full environmental analysis to truly protect Threatened and Endangered species and ensure public beach access for all people. “It's vital that we protect life on Earth even as we look to the stars in this modern era of spaceflight,” said Jared Margolis, a senior attorney at the Center for Biological Diversity. “Federal officials should defend vulnerable wildlife and frontline communities, not give a pass to corporate interests that want to use treasured coastal landscapes as a dumping ground for space waste.” SpaceX's Boca Chica launch site is surrounded by state parks, National Wildlife Refuge lands, and important habitat for imperiled wildlife, including Piping Plovers, Northern Aplomado Falcons, Gulf Coast Jaguarundi, Ocelots and Critically Endangered sea turtles. Rocket launches and explosions cause significant harm through increased vehicle traffic and the intense heat, noise, and light pollution from construction and launch activities. Rocket explosions spread debris across surrounding habitat and have caused brush fires. The Boca Chica area is one of the most biologically diverse regions in North America. Bird species from both the Central and Mississippi flyways converge there, making it an essential wintering and stopover habitat for migratory birds as they move north and south each year. Shorebirds are showing the most dramatic population declines out of any group of birds. It is also one of the few places where the Kemp's Ridley Sea Turtle — the most Critically Endangered sea turtle in the world — comes ashore to nest on refuge beaches in the spring and summer. “By now, most people know that birds are in serious decline — and shorebirds like those that rely on Boca Chica are among the fastest-disappearing,” said Michael J. Parr, president of American Bird Conservancy. “Overall, we've lost nearly 3 billion birds from the United States and Canada since 1970. At what point do we say, ‘Space exploration is great, but we need to save habitats here on Earth as a top priority?' For the sake of future generations, let's protect the healthy habitats we have left instead of treating them as waste places for pollution and fuselages.” “In December 2022, I personally counted nearly 160,000 shorebirds of more than 20 species within the Boca Chica mudflats in a single day during the local Christmas Bird Count. That's undoubtedly just a fraction of the number of birds that call Boca Chica home during the winter and migratory periods,” said Justin LeClaire, Avian Conservation Biologist with the Coastal Bend Bays & Estuaries Program. “Boca Chica is not a wasteland; it's a thriving ecosystem that provides some of the most rich foraging and nesting habitat in all of North America for shorebirds and countless other wildlife.” The SpaceX Starship/Super Heavy project also greatly reduces the public's ability to access and enjoy the refuge and park lands adjacent to the project site. This includes Boca Chica State Park and Beach, a popular public beach on an 8-mile stretch of sand. It is one of the few undeveloped, no-cost public beaches in the area, and the closest to the city of Brownsville. The project would close the only public roadway connecting surrounding communities to the Boca Chica area for up to 800 hours annually, severely hindering the public and local communities from accessing the beach and important public trust resources. “Eight hundred hours of closure fly in the face of the Texas Open Beaches Act, the state constitution, and Texans' rights to free and unrestricted access to Texas beaches," said Sarah Damron, senior regional manager for the Surfrider Foundation. "That's the equivalent of 20, 40-hour work weeks every year that Texans and visitors will be deprived of access to Boca Chica Beach. What's worse is that these closures can happen at almost any time with little to no notice to the public, so the beach, park lands and refuge lands are ostensibly closed to anyone who needs to make plans. This is an unacceptable loss to area residents and to the people of Texas.” These closures have a significant impact on the local community, including the Carrizo/Comecrudo Nation's ability to hold traditional ceremonies and leave offerings for their ancestors. “The Carrizo/Comecrudo people's sacred lands are once again being threatened by imperialist policies that treat our cultural heritage as less valuable than corporate interests,” said Juan Mancias, tribal chair of the Carrizo/Comecrudo Nation of Texas, Inc. “Boca Chica is central to our creation story. But we have been cut off from the land our ancestors lived on for thousands of years due to SpaceX, which is using our ancestral lands as a sacrifice zone for its rockets.” Rockets explode frequently at the Boca Chica site, with at least eight exploding over the past five years. The agency expects that many more explosions will occur over the next five years. This puts people and wildlife at great risk, as shown by a recent fire caused by a Super Heavy rocket explosion that burned 68 acres of the adjacent national wildlife refuge, and another fire that burned 150 acres in July 2019. “The administration's failure to fully analyze the dangers of a rocket test launch and manufacturing facility mere steps from the Lower Rio Grande National Wildlife Refuge and two state parks is an astonishingly bad decision,” Mary Angela Branch, board member at Save RGV. “So many Threatened and Endangered species are counting on the agency to get this right.” The complaint also argues that the agency failed to fully consider the climate harms of fueling rockets with liquid methane — a potent greenhouse pollutant that may need to be vented into the atmosphere — and other community concerns. Today's lawsuit was filed in federal district court in Washington, D.C., by the Center for Biological Diversity, American Bird Conservancy, Surfrider Foundation, Save RGV and the Carrizo/Comecrudo Nation of Texas, Inc. ***** About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one donating to the OC at Birdnet.org. Thank you for your support!

The Ornithological Council’s website, www.birdnet.org, contains extensive information about the permits that are required for ornithological research. That information has recently been updated - including information and links to scientific collecting and banding permit applications for all 50 states in the US. There is also information about US federal permits, as well as the provincial and federal permits required in Canada. Check out the updated permitting information here. Some helpful hints for securing your permits - 1. Apply early! If you haven’t already applied for permit for this summer, do so now! Many regions in the U.S. Fish and Wildlife Service are dealing with a permit backlog, so securing your permit or permit renewal may take longer than you think. 2. 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. 3. 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. 4. You 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. 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. 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 your permit has not been revoked or suspended). 7. Do your best to ensure 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. 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. 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. About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one donating to the OC at Birdnet.org. Thank you for your support!

The U.S. Fish and Wildlife Service has announced that it will accept additional comments on its 2013 proposed rule to list the bi-state distinct population segment of Greater Sage-Grouse as threatened with a critical habitat designation. Bi-state Sage Grouse exist in six separate population segments spread over 4.5 million acres in Nevada and California, totaling about 3,300 individuals. Last year, a federal court reversed a 2020 decision by the USFWS, which found that the Bi-State population of Sage Grouse, found along the Nevada-California border, did not warrant federal protection. Learn more in the announcement from USFWS, below. ***** USFWS PRESS RELEASE: Service seeks public comment on 2013 bi-state sage-grouse proposed listing rule, initiates species assessment Apr 26, 2023 Media Contacts: Robyn Gerstenslager RENO, Nevada – The U.S. Fish and Wildlife Service announced today that it is reopening a 60-day public comment period and seeks new and updated information on the bi-state distinct population segment of greater sage-grouse. The Service is reopening a 60-day public comment period on the 2013 proposed rule to list the bi-state distinct population segment of greater sage-grouse as threatened with a critical habitat designation. The Service is taking this action after the United States District Court of Northern California’s May 16, 2022, ruling reinstated the Service’s October 28, 2013, proposed rules to list the bi-state DPS of greater sage-grouse as threatened with a 4(d) rule, and designate critical habitat. The Service will use existing and new information to conduct a species assessment, which will inform a final listing determination for bi-state sage-grouse and anticipates making a final listing determination by May 2024. “Through the new evaluation process, we will review the current status of bi-state sage-grouse, the impacts caused by the threats it faces, and the potential benefits accrued by ongoing and planned conservation,” said species expert Steve Abele, a fish and wildlife biologist with the Service in Reno. “We encourage the public and interested parties to submit new, substantive information to help in our review. Information submitted during previous proposed rule public comment periods does not need to be resubmitted; it will be fully considered during this current review.” Six populations spread across 4.5 million acres of high desert sagebrush make up the bi-state distinct population segment. The species is found along the California-Nevada border near Mono Lake. Greater sage-grouse are known for the males elaborate springtime mating displays on traditional dancing grounds, known as leks. The birds use a variety of sagebrush habitats on private, state and federal lands. According to Abele, conservation and research for the species continues to expand, “For the last 20 years the local conservation community has worked hard and been very effective at getting conservation efforts on the ground for the benefit of bi-state sage-grouse. And it’s still got legs; people are still invested in conserving the bird and its habitat, and ongoing commitments have not slowed.” To date, federal, state, local and Tribal partners in the Bi-state Local Area Working Group have conserved, restored or enhanced more than 140,000 acres of sagebrush in the bi-state area since implementation of the Bi-state Sage-grouse Conservation Action Plan. In 2023 the Service’s Reno field office helped secure $482,000 in Bipartisan Infrastructure Law funding for collaborative projects to improve and restore sagebrush habitat in the bi-state area. This investment is part of the larger $3 million in funding made available by the Law for projects to restore and conserve the sagebrush ecosystem in Nevada and California in 2022 and 2023. “We will continue to work with our partners to leverage our combined resources to conserve and protect the sagebrush ecosystem,” said Justin Barrett, deputy field supervisor for the Service in Reno. “This uniquely beautiful landscape supports our rural communities, recreation opportunities and a diversity of wildlife.” A 60-day comment period opens April 27, 2023, and closes June 26, 2023. Information on how to submit comments can be found at www.federalregister.gov by searching under docket number FWS-R8-ES-2023-0052. ***** About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one donating to the OC at Birdnet.org. Thank you for your support!

Following up on the recent release of their new guidance on import permits, the Centers for Disease Control and Prevention’s Import Permit Program has released a new e-tool, which helps potential applicants determine if an import permit for infectious biological materials is needed. The IPP e-tool will lead prospective importers through a structured series of questions and answers to assist them in determining whether an import permit in needed. The CDC Import Permit Program regulates the importation of infectious biological materials that could cause disease in humans in order to prevent their introduction and spread into the United States. Permits are required for the import infectious biological agents, infectious substances, or vectors, and can be obtained electronically. Permits are valid for one year and can include multiple shipments. You can read the recent CDC guidance here. For more information about the various policies and procedures that govern importing specimens and samples into the U.S., check out the OC’s Import Guide. Still have questions? Contact the OC! About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one donating to the OC at Birdnet.org. Thank you for your support!

Over 100 scientists signed a letter (attached below) to the President and the Secretary of the Interior, indicating that they are “gravely concerned that the current Director of the U.S. Fish and Wildlife Service (Service) is not a ‘scientist’ in direct violation of federal law.” According to the letter, in 1974 Congress established scientific qualifications for the Director of the U.S.Fish and Wildlife Service, with statutory language requiring that, “[n]o individual may be appointed as the Director unless he is, by reason of scientific education and experience, knowledgeable in the principles of fisheries and wildlife management.” The current USFWS Director, Martha Williams, was nominated as Director in October 2021. She had been serving as Principal Deputy Director of the Fish and Wildlife Service since January 20, 2021. The nomination was confirmed by the U.S. Senate in February 2022. Prior to her appointment, Williams served as the Director of the Montana Department of Fish, Wildlife and Parks from 2017 to 2020. Previously, she was an Assistant Professor of Law at the Blewett School of Law at the University of Montana in Missoula, Montana where she co-directed the university’s Land Use and Natural Resources Clinic. Williams has a BA in philosophy from the University of Virginia and a law degree from the University of Montana. “Without specific academic training in the natural sciences, the Service Director lacks a sufficient scientific understanding of the natural world and its fundamental principles to consider all the biological and ecological factors that are important to ensure the scientific integrity of critical decisions affecting the fate of imperiled species and ecosystems,” say the letter. The previous director, Aurelia Skipwith, who was confirmed for the post in 2019, also met with some resistance from some environmental groups, because her degree with in molecular biology and not a field more directly related to wildlife. About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support! call-for-resignation.pdf