Laura Bies

This news and analysis are provided by the Ornithological Council, a consortium supported by 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. Environment and Climate Change Canada released changes to its Migratory Birds Regulations, which protect migratory birds in Canada. The new regulations were released on June 8, 2022 and will go into effect on July 30, 2022. First adopted in 1918, Canada’s Migratory Birds Regulations have been updated several times. The changes adopted this month were first proposed in June 2019. The changes include: - making it clear that it is prohibited to capture, kill, take, injure or harass a migratory bird, and that these prohibitions apply to any activity; - improving the ability of industry to become compliant with the regulations and contribute to the conservation of migratory birds, by providing feasible parameters for managing migratory bird nests; - reducing the burden to hunters, increasing flexibility for scientific collection permit holders, and allowing temporary possession of dead, injured, or live migratory birds in certain situations; and - recognizing Section 35 rights by Indigenous Peoples and ensuring that their existing harvesting rights are properly reflected. The regulations were also generally updated and edited to increase clarity and remove outdated language. Read the press release and additional information from Environment and Climate Change Canada 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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 Biden administration has rescinded a rule finalized during the previous administration, which stated that, “for the purposes of designating critical habitat [under the Endangered Species Act] 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.” That rule was the first definition of habitat under either the Endangered Species Act or its implementing regulations. The ESA does define “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.” Previously, USFWS applied the criteria from the definition of ‘‘critical habitat’’ and assumed that any area satisfying that definition was habitat. However, 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. That ruling prompted the rule issued by the Trump administration, which went into effect on January 15, 2021. The rescission of that rule, announced on June 23, will go into effect on July 25, 2022. Read more about that recision in the press release from USFWS below or in the Federal Register announcement here. ***** Press release from USFWS U.S. Fish and Wildlife Service and NOAA Fisheries Rescind Regulatory Definition of “Habitat” Under the Endangered Species Act Jun 23, 2022 Media Contacts: Marilyn Kitchell, Lauren Gaches To better fulfill the conservation purposes of the Endangered Species Act (ESA), the U.S Fish and Wildlife Service and the National Marine Fisheries Service (together the “Services”) will rescind a final rule, published in December 2020, which established a regulatory definition of “habitat” specific to designation of critical habitat under the ESA. The decision follows Executive Order 13990, which directed all federal agencies to review and address agency actions to ensure consistency with Biden-Harris administration objectives. The Services conclude that codifying a single definition of “habitat” could impede the Services’ ability to fulfill their obligations to designate critical habitat based upon the best available science. Eliminating the rule will provide clarity and transparency for the public in better understanding what constitutes habitat for given species. “The growing extinction crisis highlights the importance of the Endangered Species Act and efforts to conserve species before declines become irreversible,” said Assistant Secretary for Fish and Wildlife and Parks Shannon Estenoz. “Today’s action will bring implementation of the Act back into alignment with its original purpose and intent and ensures that species recovery is guided by transparent science-based policies and conservation actions that preserve America’s biological heritage for future generations.” “Today’s action strengthens our ability to implement the Endangered Species Act consistent with its purposes of conserving and recovering threatened and endangered marine species,” said Under Secretary of Commerce for Oceans and Atmosphere and NOAA Administrator Rick Spinrad, Ph.D. “We will continue to use the best available science to inform critical habitat designations and fulfill our foundational mandates that are at the core of NOAA’s mission.” Critical habitat designations identify those areas and habitat features that are essential for recovery of listed species. Federal agencies must ensure that actions funded, permitted or conducted by those agencies do not destroy or adversely modify designated critical habitats. Critical habitat requirements do not apply to actions on private lands unless those actions involve the authorization or funding of a Federal agency. The ESA recognizes that areas that are either occupied or unoccupied by the species may be needed for recovery and authorizes their designation as critical habitat. Today’s final rule will improve and strengthen implementation of the ESA by rescinding a definition of “habitat” that was unclear, confusing, and inconsistent with the conservation purposes of the ESA. The “habitat” definition rule prevented the Services from designating areas that did not currently meet a species' needs, even if the area could in the future due to natural processes or reasonable restoration. Because most species face extinction because of habitat degradation and loss, it is more consistent with the purposes of the ESA to enable the Services to designate critical habitat in a manner that protects listed species’ habitats and supports their recovery. The action followed a transparent rulemaking process, including a public comment period and consideration of all comments received. The ESA is extraordinarily effective at preventing species from going extinct and has inspired action to conserve at-risk species and their habitat before they need to be listed as threatened or endangered. Since it was signed into law in 1973, more than 99 percent of all species listed under the law are still with us today. The ESA not only inspires diverse partnerships to prevent species extinctions and recover listed species, it also supports proactive collaborations with states, private landowners, conservation groups and industry to conserve species before they require federal protections. ***** 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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. President Biden has announced his intent to nominate Arati Prabhakar as director of the Office of Science and Technology Policy (OSTP). She would also serve as the president’s top science advisor. Biden has made the science adviser role a Cabinet-level position. Prabhakar has a Ph.D. in applied physics from the California Institute of Technology, and previously served as both the head of the Defense Advanced Research Projects Agency during the Obama administration and as the director of the National Institute of Standards and Technology under President Clinton. The OSTP advises the President and other members of the executive on science issues, plays a role in coordinating scientific research across federal agencies, and leads initiatives on issues such as scientific integrity. Prabhakar would fill a position vacated by former OSTP Director Dr. Eric Lander, who resigned in February 2022, after reports of a toxic work environment. If she is confirmed by the U.S. Senate, Prabhakar would be the first woman and first person of color to be permanent OSTP director. 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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. Since emerging in 1996, a Highly Pathogenic Avian Influenza Virus (HPAIV) has produced many strains including the H5N1 strain that is currently causing significant mortality among poultry and wild birds. In recent years, a few outbreaks of HPAIV have been documented among colonial seabirds (e.g., African Penguin, Swift Tern, Cape Gannet, Great Skua; Ramey et al., 2022). In December 2021, this strain arrived in North America and was first detected in waterfowl. Since then, it has spread rapidly across the continent, is now found in all four North American flyways, and is causing an unusual mass mortality event among seabirds breeding throughout the North Atlantic (e.g., Canada, Scotland, Iceland). To inform ongoing decisions about seabird conservation and management, there is an effort to collect information about the CURRENT outbreak (e.g., what species, location, and magnitude). and/or PAST large-scale mortality events in colonial breeding seabirds. Information on outbreaks that are confirmed to be caused by HPAIV, and cases where HPAIV is suspected to be the cause, is welcome. This information will help managers make informed decisions about which species to monitor, the scale of the outbreak, potential population-level impacts, and what actions to take to manage this event. The current outbreak is an evolving situation, and we understand that any information provided will quickly become outdated. Please fill out the survey here. Questions? Contact Stephanie Avery-Gomm <Stephanie.Avery-Gomm@ec.gc.ca> --- Survey questions: 1. Can you share information on a CURRENT or PAST mortality event in a colonial breeding colony because of confirmed or suspected HPAIV? Please don’t be shy about extrapolating any knowledge/experience to describe your assessment of the population-level impact of the event. Although positive cases of HPAIV are reported to the OIE, we know that only a small number of birds are likely to be sampled during outbreaks and that the total numbers of confirmed positives reported may only reflect a small fraction of total mortality. a. What species are involved? b. Where were the species found? At the colony, away from the colony? c. Was the unusual mass mortality event during the breeding season? d. What is the estimated (or guesstimated) total number of birds killed? e. How many birds were sampled for HPAIV? What proportion was positive? f. What proportion of the colony or global population was killed? g. How can we learn more? 2. What mitigation or management options ARE being considered or HAVE been used to reduce the spread of HPAIV in a colony (e.g., carcass burial or burning, dispersing the colony)? a. What were the circumstances (species, location, timing, other pros/cons)? b. Were they deemed successful? c. How can we learn more? 3. Are there any mitigation measures that you considered or wished others would consider? Under what circumstances do you feel they may be useful? 4. Is there anything you would like to add? 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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. House of Representatives has voted to pass the Recovering America’s Wildlife Act, a landmark piece of legislation that would provide permanent, reliable funding to states and tribes to assist in their efforts to conserve, restore, and protect wildlife and habitat. RAWA would amend the Pittman-Robertson Act and provide an additional $1.3 billion per year for states and territories and $97.5 million per year for tribes, allowing them to implement state and tribal wildlife action plans which designed to conserve over 12,000 species of the greatest conservation need. Currently, Pittman-Robertson program collects about $1 billion a year from excise taxes on sporting goods and related products and distributes it to states. That funding mechanism would remain unchanged by RAWA. A companion bill, which differs somewhat in the funding mechanism, was moved forward by the Senate Environment and Public Works Committee in April and now awaits a vote on the Senate floor. If passed into law, the Recovering America's Wildlife Act would provide permanent, dedicated funding to state and tribal agencies to proactively conserve at-risk species for the first time in U.S. history. Learn more about RAWA from The Wildlife Society or the National Wildlife Federation. 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council. As of today, May 31, the USDA’s Animal and Plant Health Inspection Service Veterinary Services will issue its permits for import, export, and transportation of animals and animal products, organisms, and vectors through the new APHIS eFile system. All new permits and renewals should be requested through eFile. Amendments to permits acquired through the older ePermits systems should be requested through that system. All permits in the ePermits system will remain valid until they expire. Instructions about applying for the necessary permits to import to or export from the U.S. can be found in the OC’s Import Guide, which has been updated to include this new APHIS system. If you have questions, please contact the OC! For more information, read this article from April, which includes a press release from APHIS. ***** 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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 this week to the Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS), regarding their forthcoming regulations for birds not bred for use in research under the Animal Welfare Act (AWA). After previous, unfinished attempts at regulating birds under the AWA and subsequent lawsuits forcing agency action, APHIS announced in June 2020 that they were once again starting the rule-making process to develop regulations governing birds not bred for use in research. In October 2020, the OC submitted written comments and also offered public testimony during a virtual listening session held by APHIS to gather information to assist the agency in the development of their regulations. In June 2020, APHIS released those draft regulations. The comments submitted by the OC this week in response to those draft regulations note that, while the OC believes strongly that all birds should be treated humanely, in the laboratory and in the field, additional regulation of birds under the AWA may well be duplicative to already existing regulation of such research under different laws and rules. Read the OC's comment letter here. Unsure how regulation of birds under the AWA will affect you? Check out the OC’s fact sheet on birds and the AWA. 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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. A new pre-publication paper, available online now, presents new evidence regarding the presence of Ivory-billed Woodpeckers in Louisiana. In October 2021, the U.S. Fish and Wildlife Service proposed to remove the Ivory-billed Woodpecker from the Endangered Species List and declare the iconic woodpecker species extinct. In January, the USFWS held a public hearing on the proposal; a recording of that hearing is available here. That proposal has not yet been finalized. In the new unpublished manuscript, which has not yet undergone peer review, several researchers present the evidence generated by years of searching for the bird, including photos and drone videos. Read the paper and examine the photos and videos here. UPDATE MAY 2023: Peer reviewed paper is now published 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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. A federal court has reversed a 2020 decision by the U.S. Fish and Wildlife Service, which found that the Bi-State population of Sage Grouse, found along the Nevada-California border, did not warrant federal protection In this week's ruling, the judge concluded that the USFWS did not use the best available science and therefore erred in concluding that the population "was above the minimum threshold for viability.” The court ordered the agency to reconsider and issue a new listing decision. Until that new decision is complete, the 2013 determination that the Bi-State population of Sage Grouse warrants protection as a threatened species is back in effect. 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. 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!

Here's the latest on avian influenza from the Animal and Plant Health Inspection Service - Press Release: USDA Takes Action to Ensure Continued Rapid Response to Highly Pathogenic Avian Influenza in the United States Contacts: Mike Stepien - Mike.Stepien@usda.gov, Lyndsay Cole – Lyndsay.M.Cole@usda.gov USDA’s Animal and Plant Health Inspection Service (APHIS) is leading a growing response to a large outbreak of highly pathogenic avian influenza (HPAI). To date, the virus has been confirmed in 29 states, affecting more than 33 million domestic birds. APHIS is working closely with State animal health officials on joint incident responses in each of the affected states. To help ensure APHIS can continue to provide critical rapid response activities, Agriculture Secretary Tom Vilsack approved the transfer of nearly $263 million from the Commodity Credit Corporation to APHIS to directly support the response efforts. The funding allows APHIS to continue its critical work with state and local partners to quickly identify and address cases of HPAI in the United States. “Highly pathogenic avian influenza is a serious concern for our nation’s poultry industry, and we need to continue our nationwide response to minimize the impact,” said USDA Under Secretary for Marketing and Regulatory Programs Jenny Lester Moffitt. “The Agency’s actions during this ongoing emergency serve to safeguard U.S. poultry and egg producers and reduce the effects of avian influenza on agriculture and trade, while also enhancing readiness for other animal health emergencies.” The Secretary is authorized to transfer funding from available resources (e.g., the Commodity Credit Corporation) to address emergency outbreaks of animal and plant pests and diseases. Secretary Vilsack previously approved the use of approximately $130 million in emergency funding in mid-March, and APHIS has used these funds to address nationwide HPAI detections to date. These funds have been used to address indemnity, diagnostics, field activities, and other emergency response costs. HPAI is a serious disease and requires rapid response because it is highly contagious and often fatal to poultry. APHIS and officials from affected states are responding in accordance with Federal and State HPAI response plans, which include implementing quarantine restrictions, depopulating affected flocks, disposing of depopulated birds, cleaning and eliminating the virus from affected premises, and conducting surveillance in surrounding areas. While these response efforts are vital to ending the outbreak, there are also actions bird owners can take to help stop the spread of this virus. Biosecurity is critical for all bird owners. We encourage bird owners to work to ensure domestic birds do not come into contact with wild birds, and keep poultry confined inside during this high-risk period of migratory bird activity. We also encourage bird owners to limit traffic on and off your farm and use personal protective equipment and disinfection when caring for birds to avoid introducing HPAI. APHIS has a variety of biosecurity resources available at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/avian/defend-the-flock-program/dtf-resources/dtf-resources. More information about the 2022 HPAI outbreak may be found at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/avian/avian-influenza/2022-hpai. Resources for bird owners and more information about the HPAI response process may be found at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/avian/avian-influenza/hpai-home/hpai. ***** 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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. Starting May 31, the USDA Animal and Plant Health Inspection Service's Veterinary Services program will issue its permits for import, export, and transportation of animals and animal products, organisms, and vectors through the new APHIS eFile system. Ornithologists should continue to use the current ePermits system until then. After May 31, all new permits and renewals should be requested through eFile. Amendments to permits acquired through the existing ePermits systems should be requested through that system. All permits in the ePermits system will remain valid until they expire. Instructions about applying for the necessary permits to import to or export from the U.S. can be found in the Ornithological Council’s Import Guide. That document will be updated on May 31 to include new instructions for using APHIS’ new eFile system. If you have questions, please contact the OC! ***** Press Release from APHIS: APHIS Veterinary Services Requires eFile System for all New and Renewal Permit Applications - Effective May 31, 2022 Effective May 31, 2022, APHIS Veterinary Services (VS) will require submission of all new and renewal permit applications for live animals and animal products, organisms, and vectors - via the APHIS eFile system. New permit applicants can create an APHIS eFile account here. Additional information for setting up an account may be viewed under eFile training here. The eFile VS Permitting Assistant (VSPA) determines movement requirements and prompts applicants to obtain the required documentation and/or apply for permits.　All applicants must use the VSPA to start the permit application. Additionally, applicants with existing VS 16-6 permits must renew them using the VSPA to select materials that match the existing permit. For help with the application process, please see the written guidance and "How-To" videos under the "Veterinary Services" section - here. As for amendments to existing permits, applicants must request those changes in the system the permits exist (i.e., ePermits or eFile). All permits in the ePermits system will remain valid until they expire. For questions, please call 301-851-3300 or email apie@usda.gov (Animal Products, Organisms, and Vectors) or LAIPermits@usda.gov (Live Animals). ***** 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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 United States Department of Agriculture’s Animal and Plant Health Inspection Service has extended the public comment period on their long-awaited proposal to amend the Animal Welfare Act regulations and establish new standards governing the humane handling, care, treatment, and transportation of birds. The proposed regulations would apply to birds not bred for use in research; all birds bred for research are exempt from regulation under the AWA. Comments are now due May 25. You can read more about the context of this regulation and previous agency actions here and read the comments that the Ornithological Council submitted during a public hearing on the proposed regulation here. Read the OC's fact sheet about birds and the AWA.

This news and analysis are provided by the Ornithological Council, a consortium supported by 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. This week, the U.S. Fish and Wildlife Service issued a final rule, confirming the Streaked Horned Lark subspecies (Eremophila alpestris strigata) as a threatened species under the Endangered Species Act. That announced also amended the 4(d) rule accompanying the bird’s listing, which creates exceptions from the prohibition on incidental take for normal agricultural practices, among other things. The species was first listed as threatened in 2018. In 2018, the Center for Biological Diversity sued the agency, challenging that listing. In 2019, the case was decided and the USFWS ordered to reconsider their listing rule. The draft rule was published in April 2021. In this week’s final rule, the USFWS notes that, “the primary factors currently influencing the condition of streaked horned lark populations are the ongoing loss and conversion of suitable habitat, land management activities and related effects, and recreation.” The agency concluded that, while “the subspecies does not appear to be currently in danger of extinction,” it could be in the foreseeable future. According to the USFWS, recent population estimates put the total population of Streaked Horned Larks throughout its range in the Pacific Northwest at 1,170 to 1,610 individuals. The new rule goes into effect on May 13, 2022. Read USFWS' press release here. About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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. This week, the U. S. Senate Environment and Public Works Committee passed the Recovering America’s Wildlife Act in a bipartisan vote. The bill would provide $1.4 billion per year—$1.3 billion for state agencies and $97.5 million for Tribes—to restore habitat and recover wildlife populations. The Recovering America’s Wildlife Act has also been introduced into the House of Representatives, where it has strong, bi-paritsan support. The House version of the bill was passed by the Natural Resources Committee in January and is awaiting a vote on the House floor. The bill now advances to the Senate floor for consideration. If passed into law, the legislation would provide permanent, dedicated funding to state and tribal agencies to proactively conserve at-risk species for the first time in U.S. history. Learn more about the Recovering America’s Wildlife Act from The Wildlife Society or the National Wildlife Federation. 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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. Ornithologists have an opportunity comment on the United States Department of Agriculture’s Animal and Plant Health Inspection Service long-awaited proposal to amend the Animal Welfare Act regulations and establish new standards governing the humane handling, care, treatment, and transportation of birds not bred for use in research. You can read more about the context of this regulation and previous agency actions here and read the comments that the Ornithological Council submitted during a public hearing on the proposed regulation here. The draft regulation would apply only to captive birds, per the announcement from APHIS. In addition, the announcement also makes it clear that the draft regulation would not require that field studies involving wild birds be inspected; a recent publication from APHIS helps to define ‘field studies,’ which are exempt from regulation under the AWA. The draft regulation, however, is silent as to whether and how it would apply to ornithological research done in the field that does not qualify as a field study. Read the draft rule and comment here. All comments on the draft rule must be received by April 25, 2022. Read the OC's fact sheet about birds and the AWA. Have questions about commenting on this proposal? Contact the OC. 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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 administration has released its budget proposal for Fiscal Year 2023, which begins on October 1. The Congress will consider the recommendations of the administration in developing the appropriations bill that set funding levels for FY 2023, but it is not required to appropriate those levels of funding. The administration requested $2.0 billion in appropriations for the U.S. Fish and Wildlife Service, an increase of $388.2 million over FY 2022. The FY23 request includes $70.2 million for the Migratory Bird Management program, a significant increase from the $47.9 million appropriated to the program in FY 2022. The request also includes $7 .9 million for the Neotropical Migratory Bird Conservation Fund, up from $4.9 million in FY 2022. Learn more about the USFWS proposed budget here. The budget proposal recommends $1.7 billion in funding for USGS, up from $1.58 billion in FY22. It includes $375 .7 million for Ecosystem program area. Learn more about the USGS proposed budget here. Once released by the agency, more detailed information about the USGS budget proposal will be available here. ***** Press release from U.S. Fish and Wildlife Service Date: March 28, 2022 Contact: publicaffairs@fws.gov President’s $2 Billion U.S. Fish and Wildlife Service Budget Request Prioritizes Conservation and Key Biden-Harris Administration Initiatives The Biden-Harris Administration today submitted to Congress the President’s Budget for fiscal year 2023. The President’s Budget details his vision to expand on the historic progress our country has made over the last year and deliver the agenda he laid out in his State of the Union address—to build a better America, reduce the deficit, reduce costs for families, and grow the economy from the bottom up and middle out. The Biden-Harris Administration is proposing a budget of $2.0 billion for Fiscal Year 2023 to fund the U.S. Fish and Wildlife Service’s principal resource management and conservation programs that support the Administration’s priorities. The budget makes critical investments in the American people that will help lay a stronger foundation for shared growth and prosperity for generations to come. The discretionary request of $2.0 billion is an increase of $388.2 million over the 2022 Continuing Resolution level. The Service also receives $1.8 billion in permanent appropriations, most of which is provided to states for fish and wildlife conservation and restoration. “President Biden has proposed an important blueprint for our country’s future that reflects the importance of science, equity and collaboration in carrying out Interior’s important missions,” said Secretary Deb Haaland. “These resources, coupled with the historic Bipartisan Infrastructure Law, will help the Department make critical investments in climate resiliency while creating good-paying union jobs in the clean energy economy, ensuring Tribal communities have the resources and support they need, and conserving and protecting wildlife and their habitats for future generations. Together, we can ensure that every community has a stake in our efforts to build a better America.” The Service’s budget proposal reflects the Department of the Interior’s priorities, including implementing the Administration’s America the Beautiful initiative, with investments to address the effects of climate change on Service trust resources, conserve species and habitats, reconnect Americans with the outdoors, enable economic development, and create good-paying job opportunities. “The Biden-Harris Administration’s FY 2023 budget makes important investments in conservation that help protect our cherished wildlife and natural resources as well as jobs and communities,” said Service Director Martha Williams. “This budget strengthens the Service’s foundational priorities, enhances our ability to address climate change, and ensures wildlife and habitat conservation.” America the Beautiful -- The proposed FY 2023 budget supports agency priorities historically central to the Service’s mission and Administration initiatives that leverage the agency’s work. For example, the Biden-Harris Administration’s America the Beautiful initiative is a call to action to support locally led conservation and restoration efforts across public, private, state and Tribal lands and waters to collectively conserve, connect and restore 30 percent of U.S. land and water by 2030. The guiding principles—which include a commitment to collaboration, support for voluntary and locally led conservation, and honoring of Tribal sovereignty and private property rights—are essential to building and maintaining broad support, enthusiasm and trust. Upholding these principles, the 2023 budget includes increases to support local partnership programs, improve targeted conservation efforts, restore damaged lands, and promote locally led efforts of all kinds wherever communities wish to safeguard the lands and waters they know and love. Additional funding will be used to support land management and restoration, collaboration with states, Tribes and private landowners to conserve habitat while supporting working lands, and engaging urban communities in conservation. For example, the budget enables the Service to work alongside private landowners by investing $83.4 million in the Partners for Fish and Wildlife and Coastal programs. It also includes $82.4 million for State and Tribal Wildlife Grants, an increase of $10 million to support state and Tribal efforts to protect wildlife habitat. Conservation – Conservation is at the heart of the Service’s mission, and The National Wildlife Refuge System is a model for conservation around the world. The request for the Refuge System is $597.9 million. These investments will create job opportunities for Americans in the outdoors and through increased project consultation capacity to simultaneously support conservation and economic development. In addition, the budget request includes $356.2 million to further the conservation of species listed under the Endangered Species Act and work to prevent at-risk species from becoming further imperiled. It also includes $260.4 million for the Fish and Aquatic Conservation program and builds on support in the Bipartisan Infrastructure Law with $2.6 million to establish an aquatic invasive species rapid response initiative. The budget includes $70.2 million to advance the migratory bird program. Climate Change – The Service is focusing on climate change across all of its programs. The Service’s Science Applications activity, consisting of Cooperative Landscape Conservation and Science Support programs, works with partners in developing plans to conserve landscapes across the country to address climate change as well as other conservation needs. The Service is requesting a total of $57.5 million for these programs. Deploying Clean Energy – The budget proposes $27.6 million for activities associated with energy development, including a program increase of $8 million for the Ecological Services Planning and Consultation program to support reviews and permitting of clean energy projects. Within the Migratory Bird Management program, the budget includes program increases totaling $8 million to support clean energy projects and other permitting improvements to ensure renewable resources can be deployed while protecting migratory birds, notably iconic bald and golden eagles. The Service recognizes the need to support the development of clean energy sources to create new industries to support American workers while reducing emissions that contribute to climate change. Promoting Equity and Diversity – Additionally, the budget request for the Service includes $1.9 million to promote Diversity, Equity, Inclusion, and Accessibility, including $560,000 as part of a Department of the Interior-wide budget initiative to address high-priority needs in support of Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity and Sexual Orientation. The Budget makes these smart investments while also reducing deficits and improving our country’s long-term fiscal outlook. For more information on the President’s FY 2023 Budget, please visit: https://www.whitehouse.gov/omb/budget/. For more information on the Service’s FY 2023 Budget, please visit: https://doi.gov/budget/appropriations/2023 ***** 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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. Cases of avian influenza continue to be reported in the U.S. and Canada. In late 2021, highly pathogenic avian influenza was detected in North American wild birds for the first time since 2015. Initial detections occurred in Canada (Newfoundland and Labrador) and the United States (South Carolina) in December 2021. Additional detections in the U.S. are reported online by APHIS and a map of confirmed detections in North America is available from the NWHC. Cases in commercial and backyard flocks are listed on the APHIS website. Further information from Envionrment Canada is available here. According to the U.S. Centers for Disease Control and Prevention, the recent HPAI detections do not present an immediate public health concern. No human cases of these avian influenza viruses have been detected in the U.S. Additional Resources: Information on avian influenza from Birds Canada Detections in Canada APHIS webinar on AI in wild birds APHIS HPAI Info Center Information on AI Surveillance from the National Wildlife Health Center Map Showing Distribution of Highly Pathogenic Avian Influenza H5 and H5N1 in North America 2022 Confirmations of Highly Pathogenic Avian Influenza in Commercial and Backyard Flocks (from APHIS) 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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 an updated version of A Guide to the Processes and Procedures for Importing Bird Products into the United State for Scientific Research and Display. This extensive guide, which was thoroughly updated in 2020, provides a step-by-step guide for ornithologists importing birds or bird products into the U.S. for research and display, including template documents and checklists to follow. The recent updates were made to ensure that the guide remains up to date as permitting requirements and system change. 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. It contains sections on the import permitting requirements of the U.S. Fish and Wildlife Service, USDA APHIS, and the Centers for Disease Control, as well as information about planning your travel and how to ship your specimen. It leads the ornithologist through the entire process, from paperwork to port and beyond. In addition to the hard-and-fast rules and requirements, this guide also offers best practices and helpful hints. The guide is updated regularly as agency permitting requirements change, keeping ornithologists in compliance with the many laws and regulations governing the import of bird products. If you have any questions after reading the Import Guide or find areas that require further clarification, please contact Laura Bies (laurabiesoc@gmail.com), Executive Director of the Ornithological Council. About the Ornithological Council The Ornithological Council is a consortium of scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management. The Ornithological Council is financially supported by our ten member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating directly at Birdnet.org. Thank you for your support!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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 Administration has announced its intent to nominate David Applegate as Director of the U.S. Geological Survey. Applegate currently serves as the Associate Director for Natural Hazards at USGS, and has been acting as the Director. Applegate, who has been employed by the USGS since 2004, holds a B.S. in geology from Yale University and a Ph.D., also in geology, from the Massachusetts Institute of Technology. Since 2011, he has served as Associate Director with responsibility for geologic hazard and coastal and marine programs, as well as hazard response and planning activities for the USGS. The nomination must be confirmed by the U.S. Senate. You can see how many positions requiring nomination and Senate confirmation have been filled so far by the Biden administration here. ***** Department of the Interior press release White House Announces Nominee to Lead US Geological Survey Date: Tuesday, March 8, 2022 Contact: Interior_Press@ios.doi.gov WASHINGTON — The White House today announced the intent to nominate David Applegate as Director of the U.S. Geological Survey (USGS). David is currently the Associate Director for Natural Hazards, exercising the delegated authority of the Director. The nomination will now be considered by the U.S. Senate. “Science is at the heart of Interior’s mission, and the U.S. Geological Survey is essential to helping provide and strengthen the scientific integrity of our agency’s work,” said Secretary of the Interior Deb Haaland. “For nearly two decades, David has helped advance the federal government’s scientific understanding of climate change and America’s geological features. As the confirmed Director, I am confident he will continue to empower the agency’s scientific and technical experts to use the best available science to help address the most pressing challenges of our time.” David joined the USGS in 2004 as the first Senior Science Advisor for Earthquake and Geologic Hazards. As Associate Director for the Natural Hazards Mission Area since 2011, he is responsible for USGS’s geologic hazard programs, including coordination of the bureau’s hazard response activities, as well as the bureau’s coastal and marine program, which plays a critical role in analyzing the impacts of climate change, such as sea level rise. He also co-chairs the federal interagency Science for Disaster Reduction coordination group. Prior to joining the USGS, David spent eight years with the American Geological Institute, a non-profit federation of geoscience societies, where he directed science policy and was the editor of Geotimes magazine. David previously served with the U.S. Senate Committee on Energy and Natural Resources as the American Geophysical Union's congressional science fellow and as a professional staff member. David is an adjunct full professor in the University of Utah's Department of Geology and Geophysics. He is a fellow of the American Association for the Advancement of Science and the Geological Society of America and is a past president of the Geological Society of Washington. He holds a B.S. in geology from Yale University and a Ph.D., also in geology, from the Massachusetts Institute of Technology. Born and raised in Chambersburg, Pennsylvania, he currently resides in Washington, DC with his wife and two daughters. The USGS is the nation’s largest water, earth, and biological science and civilian mapping agency, and is the primary federal source of science-based information on ecosystem science, land use, energy and mineral resources, natural hazards, water use and availability, and updated maps and images for the Earth’s features available to the public. The USGS is also a leading scientific agency on climate science, playing an essential role in understanding the Earth’s past, present, and future climate. The USGS works in partnership with the Interior bureaus, other federal agencies, Tribes, states, local jurisdictions, and the private sector to provide the best available science to provide scientific information to resource managers and planners, emergency response officials, and the public. ***** 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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. Did you miss the Institute for Laboratory Animal Research’s virtual workshop about animal welfare and wildlife research on February 9-10? You can view the recordings from the workshop, and access PDFs of each speakers’ presentation, at the workshop website. Discussion topics during the two-day online workshop included perspectives on animal welfare considerations; laws, regulations, and permits associated with fish and wildlife; wild animal population concerns; the role of veterinarians in wildlife research; restraint and handling of animals in the field; and transition of wild animals to captive settings. Dr. William Bowerman, current vice chair of the OC, was selected earlier this year to serve on the new ILAR Standing Committee on Animal Care and Use. That committee will be undertaking a revision or expansion of The Guide to the Care and Use of Laboratory Animals, and the February workshop will inform those efforts. The Guide to the Care and Use of Laboratory Animals is published by ILR and is widely applied to research conducted or funded by the federal government. That guidance document is a suitable standard for biomedical research, but it has little information relevant to wildlife research beyond general principles and is therefore not well suited to wildlife work, particularly fieldwork. With this February workshop and other efforts, the OC is partnering with ILAR to assist them in broadening their guidance to better include the realities of wildlife research. 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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. Last week, the U.S. Senate confirmed Martha Williams as the director of the U.S. Fish and Wildlife Service. Williams has been serving as Principal Deputy Director of the Fish and Wildlife Service since January 20, 2021. She was nominated for director in October 2021 and her confirmation process was uncontroversial. Williams began her career as an attorney for Montana Department of Fish, Wildlife and Parks, then served as Deputy Solicitor Parks and Wildlife at the Department of the Interior and worked as a professor at the Blewett School of Law at the University of Montana. Most recently, she was Director of Montana Department of Fish, Wildlife and Parks. Read the press release from the Department of the Interior, announcing William’s appointment in early 2021, 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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 United States Department of Agriculture’s Animal and Plant Health Inspection Service is expanding its wild bird surveillance for avian influenza in the Atlantic and Pacific Flyways and adding surveillance of the Mississippi and Central Flyways. Recently, APHIS has confirmed highly pathogenic avian influenza (HPAI) in wild birds in several states in the Atlantic Flyway. Learn more about the surveillance effort in the USDA’s press release, below. ***** Press Release: USDA Increases Efforts to Protect U.S. Poultry and Expands Wild Bird Surveillance for Avian Influenza Contact: APHISpress@usda.gov WASHINGTON, February 11, 2022 – The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is announcing the expansion of wild bird surveillance for avian influenza to include the Mississippi and Central Flyways. This expansion also enlarged the existing surveillance program in the Atlantic and Pacific Flyways, which is in place to conduct surveillance of birds that may interact with wild birds from Europe and Asia. APHIS confirmed highly pathogenic avian influenza (HPAI) in wild birds in several states in the Atlantic Flyway in January as well as in a commercial turkey flock in Indiana on February 8, and this additional surveillance will increase our capability to track the disease throughout the United States. Wild bird surveillance provides an early warning system for the introduction and distribution of avian influenza viruses of concern in the United States. This surveillance also ensures APHIS and the poultry industry are able to enhance biosecurity measures and rapidly respond to reduce the risk of disease spread. The National Wildlife Disease Program is focused on collecting 16,500 samples in 25 states. Adding surveillance in the Mississippi and Central Flyways will involve collecting an additional 14,500 wild bird samples for a total of more than 31,000 wild bird samples in 49 states. Conducting surveillance sampling in all four Flyways will assist efforts to better understand the presence of variants of concern and help us monitor movement of avian influenza strains along migratory pathways. Increased surveillance of the Flyways will include the following: - Sample collection in targeted watersheds in the Central and Mississippi Flyways; - Opportunistic sampling of wild bird species obtained through agency removal programs, such as at airports or for crop damage management, airport removal and other agency captures; - Coordination with State Department of Wildlife/Natural Resources during bird banding operations; and - Continued vigilance and investigation of wild bird morbidity and mortality events. Anyone involved with poultry should review their biosecurity plan and enhance their biosecurity practices to ensure the health of their birds. APHIS has materials about biosecurity, including videos, checklists, and a toolkit available on our website. In addition to practicing good biosecurity, all bird owners should prevent contact between their birds and wild birds and report sick birds or unusual bird deaths to state/federal officials, either through their state veterinarian or through USDA’s toll-free number at 1-866-536-7593. Additional information on biosecurity for backyard flocks can be found at http://healthybirds.aphis. APHIS will post all future wild bird HPAI findings on its website. Stakeholders should check the website on a routine basis, as no future stakeholder announcements are planned for wild bird findings. ***** 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!

This news and analysis are provided by the Ornithological Council, a consortium supported by 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 is reopening the comment period on their October 2020 proposal to downlist the Red-cockaded Woodpecker from endangered to threatened under the Endangered Species Act. The agency has also issued a revised 4(d) rule, clarifying what activities might be allowed that could affect the threatened species. When first issued in 2020, the downlisting included a proposal for a 4(d) rule, which provides additional protections for threatened species under the ESA. The 2020 4(d) rule prohibited 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. According to many comments submitted to the USFWS in response to the original proposal, that 4(d) rule was unclear and causing confusion among stakeholders, landowners, and others. In its new proposal, the agency attempts to clarify what actions fall within the scope of the rule. The USFWS will accept additional comments on the proposed revision through March 7. 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!