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.

The U.S. Fish and Wildlife Service has announced that it will revise the designation of critical habitat for the Northern Spotted Owl. 

The Trump administration published a final rule in January, reducing the owl’s critical habitat in Washington, Oregon, and California from 9.6 million acres to about 6.1 million acres. Implementation of that rule was delayed by the Biden administration when it took office. The new proposal, published on July 20, would instead exclude only 204,797 acres from the 9.6 million acres previously set aside. 

The USFWS noted that, “the large additional exclusions made in the January Exclusions Rule were premised on inaccurate assumptions about the status of the owl and its habitat needs particularly in relation to barred owls.” In addition, that rule “undermined the biological redundancy of the critical habitat network by excluding large areas of critical habitat across the designation and did not address the ability of the remaining units and subunits to function in that network.”  

The USFWS will accept comments on its proposal until September 20. Learn more about the proposal and submit comments 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.

On July 15, the U.S. Fish and Wildlife Service proposed the designation of 649,066 acres of critical habitat across 13 states for the Rufa Red Knot (Calidris canutus rufa). The critical habitat proposal includes occupied migration and wintering areas of Alabama, Delaware, Florida, Georgia, Louisiana, Massachusetts, Mississippi, New Jersey, New York, North Carolina, South Carolina, Texas and Virginia. About 40% of the acres overlap with existing critical habitat for other threatened and endangered species.

The Rufa Red Knot was listed as a threatened species in 2015 and a draft recovery plan was released earlier this year.

Comments will be accepted on the proposal until September 13. On August 18, 2021, the USFWS will hold a virtual public informational meeting from 6:00 to 7:30 p.m., Eastern Time, followed by a virtual public hearing from 7:30 to 9:00 p.m., Eastern Time. Details about how to submit comments or attend the meeting and hearing can be found here. 

Read the Federal Register notice here. Learn more about the USFWS’ efforts regarding the Rufa Red Knot 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 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

Registered users of USFWS's ePermits system should have received an email recently, letting them know that the way they login to the ePermits system is changing. All ePermits users are now required to set up a login.gov account, in addition to their account with ePermits (note: those accounts should both use the same email address). 

Instructions from USFWS about how to access your ePermits account are below. 

As always, members of all OC societies should feel free to contact the OC with permitting questions or problems. We're here to help!

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Notice from USFWS:

Dear ePermits user,

On Tuesday June 29, 2021, U.S. Fish and Wildlife Service (FWS) will launch a new, simplified login experience for ePermits users through a partnership with Login.gov, an official service of the U.S. Federal Government. As a result of this transition, all ePermits users will be required to login through Login.gov using an email address. We understand that this change might cause some confusion for ePermits users. For that reason, please review the guidance provided below or the help center article to make sure you have a smooth transition.

Step One: Confirm Email Address associated with your ePermits account (DO THIS NOW)

Starting on June 29th, all previous ePermits usernames and passwords will no longer be valid. Moving forward, FWS will link your ePermits and Login.gov accounts by verifying that the email address used in each account matches.

How can I verify what my email address is for my ePermits account?

Log into your ePermits account prior to June 29th.

Note: After June 29th, please contact ePermits Support to request or change your account’s associated email address.  

Click your initials in the top right-hand corner.

Select Profile from the drop-down menu.

Locate your email address.

Step Two: Create a Login.gov Account (Do this before next login)

Since you have created an ePermits account, you will also need to create a Login.gov account. If you do not have a Login.gov account, please follow the directions below. If you have a Login.gov account, please make sure the email address used for Login.gov matches your ePermits account.

Instructions for new Login.gov users: 

Follow these steps to create your Login.gov account.

Enter your email address at https://secure.login.gov/sign_ to begin.

Note: The email address used during your Login.gov registration must match the one associated with your ePermits account.

Click the “Submit” 

Check your email inbox for a message from Login.gov.

Click the “Confirm your email address” button in the message. This will take you back to the Login.gov website.

Create your Login.gov password.

Set up a second layer of security.

As an added layer of protection, Login.gov requires you to set up a second authentication method to keep your account secure. This is referred to as two-factor authentication (2FA). Chose the authentication method that works best for you. Options include:

Authentication application

Security key

PIV or CAC card for federal government employees or military

Text message

Phone call

Backup codes

Success! Once you have authenticated, you have created your Login.gov account.

For more information, please read Login.gov instructions.

Instructions for users with current Login.gov accounts: 

For those that have an existing Login.gov account, please make sure the email address used in Login.gov matches the one associated with your ePermits account. If the email differs, please follow the instructions below to update your email.

Log into your Login.gov account.

Select Your Account

Select the “add email”

Re-enter your account password.

Enter your second layer of security code.

Check your email for a message from Login.gov.

Click the “Confirm your email address” button in the message. This will take you back to the Login.gov website.

Success! Once you have added an additional email to your Login.gov account.

Important Note for Third-Party Business Users

Do you submit permit applications on behalf of another companies or individuals? If yes, if you have not already done so, we recommend that you create your own ePermits business account that is separate from the company or individual. Coming soon, ePermits will be able to connect your ePermits account with your client’s businesses/individual account that will allow you to apply on their behalf. Most importantly, this new functionality will allow you and your client to both view applications and permits online. We will post specific details and instructions about this change on the ePermits homepage as soon as it is available.

Thank you,

USFWS ePermitting Team

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About the Ornithological Council

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

Many in the broader ornithological community rely on the issuance of import/export permits from the U.S. Fish and Wildlife Service to do their work. It has come to our attention that the USFWS formalized their Migratory Bird Import/Export Standard Procedures in 2019, and that more consistency among regions may be implemented with respect to these procedures.  According to these standards, each shipment would be required to be specified on the face of the permit (including date range, shipment origin/destination, species, type of specimen, and quantity) to be MBTA compliant. Thus, blanket permits for migratory bird import/export may no longer be issued. We are concerned this will cause undue burden for researchers and museums who import/export migratory birds for scientific purposes. In preparation for addressing this issue with USFWS, we are gathering information about MBTA permits from current or recent permit holders. 

Please complete this short survey no later than 2 July 2021 if you have a current MBTA permit, or have had one within the past five years. Thanks!

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

Today, the U.S. Fish and Wildlife Service released its Birds of Conservation Concern 2021 report, which identifies 269 species of birds that represent high conservation priorities and deserve proactive attention. All major bird groups are represented on the list, but shorebirds, seabirds and some landbirds have particularly high representation. 

The report covers four distinct geographic scales: 1) the Continental USA, including Alaska; 2) Pacific Ocean islands, including Hawaii; 3) Puerto Rico, the U.S. Virgin Islands and Navassa; and 4) continental Bird Conservation Regions and Marine Bird Conservation Regions. Learn more in the press release below and at https://www.fws.gov/birds/.

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USFWS Press Release

U.S. Fish and Wildlife Service Publishes Birds of Conservation Concern 2021

Report Identifies 269 Species for Highest Conservation Priorities

June 15, 2021 

Contact(s):

Vanessa Kauffman
703-358-2138
vanessa_kauffman@fws.gov

In continuing proactive efforts to protect migratory birds, the U.S. Fish and Wildlife Service today released its Birds of Conservation Concern 2021 report. The publication identifies 269 species of birds that represent high conservation priorities for the Service and deserve proactive attention. This science will be used for cooperative research, monitoring and management actions that can directly or indirectly affect migratory birds with the help of international, federal, state, Tribal and private partners.

“This report serves as an early warning indicator for bird species in trouble and will help stimulate the collaborative conservation action needed to bring back declining bird species well before they become threatened or endangered, said Principal Deputy Director Martha Williams. “Almost 3 billion birds have been lost in North America since 1970, and this scientific information will help focus conservation efforts where they are most needed.”

The species that appear in Birds of Conservation Concern 2021 include migratory bird species protected under the Migratory Bird Treaty Act that the Service considers to be in greatest need of conservation attention. The Fish and Wildlife Conservation Act directs the Service “to identify species, subspecies and populations of all migratory nongame birds that, without additional conservation actions, are likely to become candidates for listing under the Endangered Species Act (ESA).”

The Service’s goal is to eliminate the need for additional ESA protections for birds by implementing proactive management and conservation actions that sustain populations well above thresholds of endangerment.

The conservation assessment was based on several factors, including population abundance and trends, threats on breeding and nonbreeding grounds and size of breeding and nonbreeding ranges. It encompasses four distinct geographic scales: the Continental U.S., including Alaska; Pacific Ocean islands, including Hawaii; Puerto Rico, the U.S. Virgin Islands and Navassa; and continental Bird Conservation Regions (BCRs) and Marine Bird Conservation Regions (MBCRs). Of the 269 species identified, 134 are of conservation concern at the Continental scale, 85 at the BCR scale, 30 on Puerto Rico and the Virgin Islands, and 33 on Hawaii and the Pacific Islands. The report was last updated in 2008.

Inclusion in the Birds of Conservation Concern 2021 does not constitute a finding that listing under the ESA is warranted, or that substantial information exists to indicate that listing under the ESA may be warranted.

The report and additional information is available online at https://www.fws.gov/birds/.
 

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

The U.S. Fish and Wildlife Service has published a proposal to list the Lesser Prairie Chicken (Tympanuchus pallidicinctus) under the Endangered Species Act. Under the proposal, Lesser Prairie Chicken would be separated into two distinct population segments. One population (in northeast Texas Panhandle, southeast Colorado, south-central Kansas and western Oklahoma) would be listed as threatened and another as endangered (in eastern New Mexico and the southwest Texas Panhandle). 

The proposal would also provide an exemption from the ESA provisions preventing ‘take’ of the threatened population for agricultural activities and controlled burns, in exchange for commitments by the landowners to perform conservation activities. 

A designation of critical habitat for the Lesser Prairie Chicken is forthcoming. 

The USFWS will hold two virtual public hearings on the listing in July and will accept comments on the proposal until August 2. 

UPDATE: USFWS announced on 7/31 that the comment period will be extended until September 1.

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

Last month, the U.S. Fish and Wildlife Service  announced that it would revoke the controversial Trump-era rule that changed the enforcement of the Migratory Bird Treaty Act to no longer apply to incidental take (which was  originally set to go into effect on Feb. 8.)

The U.S. Fish and Wildlife Service reopened the public comment period for an 30 days and today the Ornithological Council submitted comments on the rule, drawing on previous comments submitted by the OC in response to the scoping notice in February 2020, the draft environmental impact statement in July 2020, and the first re-opening of the public comment period in February 2021. The comments stressed the inadequacy of the environmental analysis performed on the rule and encouraged the agency to revert to the previous interpretation of the MBTA. 

The final rule has also been the subject of litigation, after a court in August 2020 struck down the internal Interior memo on which the new rule is based. The Trump administration had indicated its intent to appeal that case but in February the Biden administration withdrew its appeal. In January, environmental groups filed suit  asking the federal court to strike down the new rule. A group of states also banded together to file a similar lawsuit.

Read the OC's June 2021 comments. 

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

The administration has released its budget proposal for the 2022 Fiscal Year. In general, discretionary spending would increase under the budget, with many wildlife management and conservation programs benefitting. 

Highlights for birds and bird conservation include:

• $10.17 billion in overall funding for NSF, a 20% increase for NSF over FY 2021 levels
• Funding of $66.1 million for the U.S. Fish and Wildlife Service’s Migratory Bird Management Program, an $18.2 million increase from the 2021 level (which includes an increase of $2.5 million for the Joint Venture program)
• An increase for the State and Tribal Wildlife Grants program, from $72.4 million to $82.4 million
• A sizable increase for the Neotropical Migratory Bird Conservation Act, up to $7.9 million from $4.9 million
• Stable funding for both the North American Wetlands Conservation Fund and the Multinational Species Conservation Fund 
• A nearly $100 million increase for the Ecosystems program area at the U.S. Geological Survey, from $259 million to $358 million
• A slight increase for Cooperative Research Units, to $25.5 million 

Note that Congressional appropriators may consider the president’s proposal when drafting their appropriations bill but are under no obligation to follow it. 

More information about the DOI budget is available here

More information about the USFWS budget is available here  (as of May 30, this page was not yet updated for FY 2022)

More information about the USGS budget is available here

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Department of the Interior Press Release:

Date: Friday, May 28, 2021
Contact: Interior_Press@ios.doi.gov

President Biden’s Fiscal Year 2022 Budget Makes Significant Investments in Interior Department  

Proposal would restore balance on public lands and waters, infuse critical resources in Indian Country, advance environmental justice, and build a clean energy future 

WASHINGTON — The Biden-Harris administration today submitted to Congress the President’s budget for fiscal year 2022. The Department of the Interior’s 2022 budget proposal totals $17.6 billion — an increase of $2.5 billion, or 17 percent, from the 2021 enacted level. This significant investment will help the Department address the climate crisis while creating good-paying union jobs and investing in healthy lands, waters, and economies in communities across the country.

As the Administration continues to make progress defeating the pandemic and getting our economy back on track, the President’s budget makes historic investments that will help the country build back better and lay the foundation for shared growth and prosperity for decades to come.

“The Interior Department plays an important role in the President’s plan to reinvest in the American people. From bolstering climate resiliency and increasing renewable energy, to supporting Tribal nations and advancing environmental justice, President Biden’s budget will make much-needed investments in communities and projects that will advance our vision for a robust and equitable clean energy future,” said Secretary Deb Haaland. 

The 2022 budget proposal includes the two historic plans the President has already put forward — the American Jobs Plan and the American Families Plan — and reinvests in education, research, public health, and other foundations of our country’s strength. At the Interior Department, the budget would: 

Address Climate Challenges and Build Climate Resiliency. The 2022 budget proposal includes more than $1.9 billion in new climate-related investments to conserve and adaptively manage natural resources, increase understanding of how natural resources are changing and what that means, build resilience to protect communities and lands from significant impacts, and contribute to the reduction of greenhouse gases. The proposal includes funding to help advance the America the Beautiful initiative – the Administration's effort to conserve 30 percent of U.S. lands and waters by 2030 – and includes more than $900 million in funding for Interior and the Department of Agriculture for the Land and Water Conservation Fund. The budget proposal also contains funding for wildland fire management, drought mitigation, and science-based investments that will help the Department and communities prepare for and address the aftermath of natural hazard events.

Strengthen Tribal Nations. Underscoring the Administration’s focus on Indian Country, the 2022 budget proposal includes $4.2 billion, an increase of $727.8 million from the 2021 enacted level, across all Indian Affairs programs. These investments will support a new Indian Land Consolidation Program, which will address the problem of fractionated lands and enhance the ability of Tribal governments to plan for and adapt to climate change and to build stronger Tribal communities. The budget will also provide increases to strengthen Tribal natural resource programs, Tribal public safety, and efforts to provide leadership and direction for cross-departmental and interagency work involving missing and murdered American Indian and Alaska Native peoples.

Create Jobs to Meet Environmental and Energy Challenges. To implement the American Jobs Plan, the 2022 budget proposal includes new investments to create good-paying jobs, rebuild the country’s infrastructure, address the climate crisis, and position the United States to out-compete other countries. The proposal includes an increase of $300 million to support jobs plugging orphan oil and gas wells, cleaning up abandoned mines, and decommissioning offshore oil and gas infrastructure, which will improve the environmental quality of energy communities by addressing serious safety hazards and risks from associated air, water, or other environmental damage. As part of this proposal, the budget includes $169 million for a new Energy Community Revitalization Program, which will help accelerate this remediation and reclamation work on Interior-managed lands and support work on non-federal lands through grants to states and Tribes. The budget proposal also contains $86 million for the Civilian Climate Corps, an initiative to put a new generation of Americans to work conserving and restoring public lands and waters. It also includes $249 million in funding to increase renewable energy production on public lands and in offshore waters, which will create jobs and help transition the country to a clean energy future. 

For more information on the President’s FY 2022 Budget, please visit: https://www.whitehouse.gov/omb/budget/. 

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About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

The National Academies of Science, Engineering and Medicine has appointed Dr. William Bowerman, current Vice Chair of the Ornithological Council, as one of 13 members of  a new standing committee on animal welfare. Last fall, the OC nominated Bowerman for the role, after the Institute for Laboratory Animal Research issued a call for nominate experts to serve on a new Standing Committee for the Care and Use of Animals in Research. The new committee will help foster the exchange of ideas and knowledge on how best to make any future updates to the Guide for the Care and Use of Animals in Research, the primary guidance document for animal researchers.

Dr. Bowerman is a Professor of Wildlife Ecology and Toxicology and the Chair of the Department of Environmental Science and Toxicology at the University of Maryland, College Park. He is a world-renowned expert on studying environmental change through its impact on eagle populations, and a highly-regarded researcher, teacher, and leader in the scientific community.

The OC has urged the Institute for Laboratory Animal Research to use this new standing committee as an opportunity to involve a subset of researchers that have been heretofore underrepresented by those involved with developing and publishing ILAR’s Guide to the Care and Use of Laboratory Animals – wildlife professionals. The Guide to the Care and Use of Laboratory Animals is widely applied to research conducted or funded by the federal government and is a suitable standard for biomedical research. However, it has little information relevant to wildlife research beyond general principles. It is crucial that scientists and researchers with experience working in the field are represented on the new committee and are able to offer their expertise and feedback on the committee tasks and deliberations. Four of the 13 standing committee’s members are involved in wildlife research; Dr. Bowerman is the sole ornithologist.

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

Registered users of USFWS's ePermits system should have received an email letting them know that over the summer, the way they login to the ePermits system will change. All ePermits users will be required to set up a login.gov account.  There's nothing you need to do now (although you can go ahead and set up your login.gov account if you'd like). More info will be coming from USFWS, and we will keep you informed here as the process moves forward. 

As always, members of all OC societies should feel free to contact the OC with permitting questions or problems. We're here to help!

***

Notice from USFWS:

Early this summer, the U.S. Fish and Wildlife Service will launch a new, simplified login for ePermits through a partnership with Login.gov, an official service of the U.S. Federal Government. As a result of this change, all ePermits users must have an account with Login.gov using the same email address as your ePermits account.

We are making this change to improve your ePermits experience. Login.gov offers simplified password requirements and additional authentication options, such as receiving your code via text message or phone call.

For those interested in getting started with their Login.gov account, visit the following link for additional instructions. Please note that both the ePermits and Login.gov accounts will not be synced until the official launch. If you already have a Login.gov account using the same email address as your ePermits account, no further action is needed. We will post specific details about this change on the ePermits homepage in the coming weeks.

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About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

The Ornithological Council contacted the Centers for Disease Control’s Center for Preparedness and Response, expressing concerns about the CDC’s current policy for import of biological materials, which requires that all imports of animal products be accompanied by documentation confirming that the animal or animal product is not known to contain (or suspected of containing) an infectious biological agent or has been rendered noninfectious. However, the policy does not indicate which infectious biological agents are of concern to CDC or provide any guidance regarding appropriate treatment methods. Without these two pieces of information, the documentation required by the CDC is very difficult for importers to produce.

The OC also reiterated our request that the CDC initiate a formal process to re-examine the requirements for the importation of non-living animal matter, which would allow the CDC to focus their policy on true threats using a risk analysis. 

Read the OC’s letter here.

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

The U.S. Fish and Wildlife Service released a recovery plan for the Rufa Red Knot (Calidris canutus rufa) this week. The subspecies is listed as threatened under the Endangered Species Act. 

As required by the ESA, the draft recovery plan contains: (1) a description of such site-specific management actions as may be necessary to achieve the plan’s goal for the conservation and survival of the species;  (2) objective, measurable criteria which, when met, would result in a determination, in accordance with the provisions of this section, that the species be removed from the List; and (3) estimates of the time required and the cost to carry out those measures needed to achieve the plan’s goal and to achieve intermediate steps toward that goal. 

Comments are due July 12 and can be submitted here.

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

Today, the U.S. Fish and Wildlife Service announced a proposal to revoke the final rule published in January limiting the scope of the Migratory Bird Treaty Act (MBTA). 

In the proposal, the USFWS indicates its intent to revoke the January rule and return to the previous, traditional interpretation of the MBTA as prohibiting incidental take. 

The final rule published in January was originally scheduled to go into effect on February 8. The new administration extended that date until March 8 and took additional public comment on the final rule. Today's proposal will now revoke that January rule and request additional public comments on issues of fact, law, and policy raised by the January rule. 

Comments will be accepted until June 7 and can be submitted at http://www.regulations.gov (search for Docket Number: FWS-HQ-MB-2018-0090). You can find all the documents associated with this rulemaking at https://www.fws.gov/regulations/mbta/.

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

Late last month, the U.S. Fish and Wildlife Service formally designated 298,845 acres as critical habitat for the western population of the Yellow-billed Cuckoo (Coccyzus americanus). The final designation included 39% less critical habitat than the February 2020 proposal, and includes areas in Arizona, California, Colorado, Idaho, New Mexico, Texas, and Utah.

The final critical habitat designation focused on “selected areas used for breeding,” according to the USFWS, and did not include all habitat where the birds breed, feed, migrate, or and stop over. The February 2020 proposal would have included 493,665 acres across seven Western states as critical habitat for the bird. An earlier proposal, published in 2014, would have included 546,335 acres. 

According to the USFWS, the primary threats to Yellow-billed Cuckoos are habitat loss and degradation from altered watercourses, livestock overgrazing, encroachment from agriculture and conversion of native habitat to nonnative vegetation.

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

The U.S. Fish and Wildlife Service announced today in the Federal Register that it will further delay implementation of the final rule reducing the Northern Spotted Owl’s critical habitat in Washington, Oregon, and California.

That final rule, published in January, would have reduced the owl’s critical habitat from 9.6 million acres to about 6.1 million acres. The rule was set to go into effect on March 16, but in February that date was delayed until April 30. Today’s announcement will further delay implementation of the habitat reductions, until Dec. 15.

According to FWS, “this second delay is necessary to avoid placing undue risk on the conservation of northern spotted owl caused by allowing exclusions from its designated critical habitat to go into effect while the Service prepares a revision or withdrawal of the January 15, 2021, rule through additional rulemaking to address apparent defects.” 

In December, the U.S. Fish and Wildlife Service issued a seperate final rule, declining to reclassify the Norther Spotted Owl from threatened to endangered.

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

The Canadian Council on Animal Care has published new guidelines regarding animal welfare. The CCAC guidelines: Animal welfare assessment, is one of a series of guideline documents published by the CCAC, based on expert peer advice and scientific evidence, to provide information for investigators, animal care committees, facility managers, veterinarians, technicians, and animal care personnel to facilitate improvements in animal care. 

The CCAC guidelines: Animal welfare assessment applies to all animals used for scientific purposes, including wild animals, either brought into laboratory animal facilities or in the field, and animals owned by third parties that are used off-site (e.g., at commercial farms, or shelters). It is organized around 5 guiding principles:

Guideline 1: The animal care committee is responsible for overseeing the implementation of welfare assessments, but the assessments themselves should be completed by a team involving protocol authors and their delegates, veterinarians, and animal care personnel. Where possible, the assessments should draw on information gathered through research, veterinary, and husbandry activities. 

Guideline 2: Animals should be healthy and express a high prevalence and diversity of positively motivated species-typical behaviour, along with low levels of abnormal behaviour. They should neither experience negative affective states, such as pain, frustration, or fear, nor display behavioural signs of chronic anxiety or depression. 

Guideline 3: Welfare assessments must be performed regularly for all animals. The assessments should take into account physical condition, psychological well-being, and impact of experimental procedures. When known, cumulative lifetime experiences and environmental parameters should also be included in the assessment. 

Guideline 4: Information gathered in relation to welfare assessments should be recorded in a format accessible to investigators, veterinarians, animal care personnel, and animal care committees. 

Guideline 5: The animal care committee should use welfare assessment summaries to identify systemic welfare risks, anticipate welfare implications, and inform future decisions concerning the ethical care and use of animals.

About the Ornithological Council

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

CCAC_guidelines-Animal_welfare_assessment.pdf

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

The U.S. Fish and Wildlife Service is proposing to downlist the Hawaiian Stilt or ae'o (Himantopus mexicanus knudseni) from endangered to threatened. The agency is also proposing what is known as a 4(d) rule to set out specific protections for the species while it is listed as threatened. 

The USFWS cited the success of voluntary and regulatory conservation measures in its announcement. 

You can learn more and submit comments – through May 24 – here. 

The USFWS is particularly interested in comments regarding:

(1) Reasons it should or should not reclassify the Hawaiian Stilt as a threatened species.

(2) New information on the historical and current status, range, distribution, and population size of the Hawaiian Stilt.

(3) New information on the known and potential threats to the Hawaiian Stilt, including predation; urban development, nonnative plants, alterations in surface or ground water; data on avian botulism; contaminants; impacts associated with climate change; or trends in the status and abundance of wetlands used by the subspecies.

(4) New information regarding the life history, ecology, and habitat use of the Hawaiian Stilt.

(5) Current or planned activities within the geographic range of the Hawaiian Stilt that may have adverse or beneficial impacts on the subspecies.

(6) Information on regulations that are necessary and advisable to provide for the conservation of the Hawaiian Stilt and that the Service can consider in developing a 4(d) rule for the subspecies.

(7) Information concerning the extent to which we should include any of the section 9 prohibitions in the 4(d) rule or whether any other forms of take should be excepted from the prohibitions in the 4(d) rule.

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has announced that over 30 species of birds will be added to Appendix III. The species covered by CITES are listed in three different Appendices, according to the degree of protection they need. Appendix III is for the least imperiled species under CITES, and contains species that are protected in at least one country, which has asked other CITES Parties for assistance in controlling the trade. 

Ukraine has requested that the following bird species be added to Appendix III:

• Alauda arvensis 
• Galerida cristata
• Lullula arborea 
• Melanocorypha calandra 
• Emberiza citrinella 
• Emberiza hortulana 
• Carduelis cannabina 
• Carduelis carduelis 
• Carduelis flammea 
• Carduelis hornemanni 
• Carduelis spinus 
• Carpodacus erythrinus
• Loxia curvirostra 
• Pyrrhula pyrrhula 
• Serinus serinus 
• Erithacus rubecula 
• Ficedula parva 
• Hippolais icterina 
• Luscinia svecica 
• Luscinia luscinia 
• Luscinia megarhynchos 
• Monticola saxatilis 
• Sylvia atricapilla 
• Sylvia borin
• Sylvia curruca 
• Sylvia nisoria 
• Turdus merula 
• Turdus philomelos 
• Oriolus oriolus
• Parus ater
• Troglodytes troglodytes 

These changes will go into effect on 22 June, 2021. 

The import of an Appendix III species directly from the listing country requires a CITES Appendix III export permit issued by that country. The import of an Appendix III species directly from a non-listing country requires a CITES Certificate of Origin issued by the country of export. Learn more about import permit requirements in the Ornithological Council’s Guide to the Processes and Procedures for Importing Bird Products into the United State for Scientific Research and Display.

Read the CITES Notification to the Parties here. 

Read USFWS’ guidance regarding permitting requirements for CITES Appendix III species here.
 

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

The Ornithological Council wrote to the new Secretary of the Interior, Deb Haaland, congratulating her on her confirmation. In that letter, the OC also highlighted some priorities for the new administration, such as rescinding the previous administration's dangerous reinterpretation of the Migratory Bird Treaty Act and reviewing the grounding of the department’s fleet of unmanned arial vehicles, or drones. 

Haaland was a freshman Representative during the 116th Congress, representing New Mexico, and served on the Committee on Natural Resources. She is an enrolled member of the Pueblo of Laguna and is the first Native American Secretary of the Interior – and the first Native American cabinet member. 

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Statement from Deb Haaland on Becoming the 54th Interior Secretary

Tuesday, March 16, 2021 
Contact: Interior_Press@ios.doi.gov

WASHINGTON – Deb Haaland will take the oath of office to become the 54th Secretary of the Department of the Interior later today in a small ceremony with family. The oath of office will be administered by Chief of Staff Jennifer Van der Heide. Her first full day as Interior Secretary will be tomorrow. A ceremonial swearing-in with Vice President Kamala Harris will be announced later this week.

Haaland issued the following statement on this historic moment:

“At my confirmation hearing, I said that we all have a stake in the future of our country. No matter your political party or Zip code, your ancestral heritage or income level, we all must take the formidable challenges that lie ahead seriously, and we will take them head-on, together.

“I am proud and humbled to lead the dedicated team at Interior as we seek to leave a livable planet for future generations. Together, we will work to advance President Biden’s vision to honor our nation-to-nation relationship with Tribes, address the climate and nature crises, advance environmental justice, and build a clean energy future that creates good-paying jobs and powers our nation.

“The change we need will take hard work and perseverance, but I know that together there is nothing we cannot accomplish.”

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About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

Virginia has become the first state to issue regulations to protect migratory birds in the state against incidental take, in light of the previous federal administration's controversial reinterpretation of the Migratory Bird Treaty Act (MBTA).

In late 2017, the Department of Interior changed its interpretation of the MBTA to exclude incidental take from the scope of the Act, meaning that unintentional or accidental harming or killing of birds protected by the MBTA would no longer be prohibited. 

That interpretation was codified in a rule finalized during the final days of the Trump administration. The Biden administration delayed implementation of that rule for 30 days (although it recently went into effect) and is expected to soon release a proposal to replace that rule. 

In May 2018, the Natural Resources Defense Council and the National Audubon Society, along with other environmental organizations, filed a lawsuit challenging the internal guidance setting forth the new interpretation. Later that year, eight States (New York, California, Illinois, Maryland, Massachusetts, New Jersey, New Mexico and Oregon) filed a similar lawsuit. These actions were consolidated into one, which argued that the new interpretation was contrary to the MBTA. The district court agreed, invalidating the memo upon which the new interpretation was based. The Trump administration filed an appeal to that ruling, which was recently dropped by the Biden administration. 

In early 2020, Virginia announced it would begin developing its own rule to prevent incidental take. A proposed regulation was released in December and the regulation was approved by the Board of Wildlife Resources this week. Virginia is the first state to issue such a regulation. 

The regulation establishes a framework for a permitting program for the incidental take of migratory birds in Virginia. It goes into effect on July 1. Under the new regulation, construction associated with commercial and industrial activities; oil, gas, and wastewater disposal pits; methane or other gas burner pipes; communications towers; electric transmission and distribution lines; wind and solar energy projects; and transportation projects will all require permits. 

Read Virginia’s press release here.

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

Yesterday, Representative Mike Quigley (D-IL) and Senator Cory Booker (D-NJ) reintroduced the Bird-Safe Buildings Act in the U.S. Congress. This bipartisan bill, which has been introduced in previous Congresses, aims to reduce bird mortality by requiring federal buildings to incorporate bird-safe materials and design features, when feasible. A 2014 study estimated bird mortality from window collisions in the U.S. to be between 365 million to 988 million birds annually. According to New York City Audubon's Project Safe Flight, 90,000 to 230,000 birds birds are killed in New York City alone each year during migration. 

In 2020, the Bird-Safe Building Act was included in an infrastructure bill that passed the House in June, as well as an energy bill that passed the House in September.

Read Rep. Quigley’s press release here.

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

The Department of the Interior has revoked the internal memo (known as the M-Opinion) issued in 2017 first limiting enforcement of the Migratory Bird Treaty Act to intentional killing or injuring of birds. The M-Opinion had already been invalidated by a federal court last year, in a lawsuit that the Biden administration recently decided to no longer pursue. 

The previous administration developed a regulatory proposal based on that opinion, implementation of which the Biden administration delayed until today, March 8. The new administration is also expected to release a new regulatory proposal in the coming days to revoke the previous administration's rule. More information about that proposal will be posted on OE once it is available. 

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

The Department of the Interior announced that acting Interior Secretary Scott de la Vega signed a secretarial order revoking the Trump-era “Open Science” order issued in 2018 by then-Deputy Secretary David Bernhardt. The new order also calls for a review of all departmental activities taken as a result of the Trump administration's scientific policies.

The new order notes that the previous directive was developed without review and input from the scientific community, and that it “significantly hindered the Department’s ability to enter into contracts for cutting-edge research, particularly when such research involved proprietary data,” and “left the Department’s scientific endeavors vulnerable to political influence.” It also noted that the previous administration never took the steps required by the order itself to update internal Departmental Manuals or agency rules. 

Read the new secretarial order here. 

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DOI Press Release

Interior Department Takes Steps to Strengthen Scientific Integrity and Evidence-Based Policymaking: Revokes Secretarial Order that improperly restricted agency’s use of science and data

Wednesday, March 3, 2021
Contact: Interior_Press@ios.doi.gov 

WASHINGTON – The Interior Department today took steps to recommit to scientific integrity and empower the agency’s scientific and technical experts to use the best available science. Signed on Interior’s 172nd birthday and the 142nd birthday for the U.S. Geological Survey, Secretarial Order 3397 revokes Secretarial Order 3369 – falsely branded the “open science” rule – that imposed improper restrictions on what science and data could be considered in the Department’s policymaking.

“Science is at the heart of Interior’s mission – from protecting endangered species to conducting environmental assessments for energy projects,” said Principal Deputy Assistant Secretary - Water and Science Tanya Trujillo. “Today’s Order puts the evaluation and decision-making authority regarding scientific information back where it should be: in the hands of the scientists. It’s an important step toward restoring trust in government and strengthening scientific integrity at the Interior Department.”

Today’s Order initiates a review of all agency activities taken pursuant to SO 3369 and provides direction to the Department to comply with President Biden’s memorandum to advance scientific integrity.

The 2018 Secretarial Order was issued without due consideration and review by the Department’s career scientists and officials, or by the broader scientific community. Among the serious concerns with the Order’s directives, it hindered the Department’s ability to enter into contracts for cutting-edge research, and precluded the Department from utilizing sensitive information – e.g., regarding sacred sites or rare and threatened species – to inform complex policy decisions.

Acting Secretary de la Vega’s Order directs that scientific merit, not political interference, will guide agency decision-making; prevents the suppression or distortion of scientific or technological findings, data, information, conclusions, or technical results; and supports scientists and researchers of all genders, races, ethnicities, and backgrounds.

Interior leadership has begun a review of the scientific integrity programs within the Department and is re-invigorating Interior's Science Advisors’ Council.

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About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

The U.S. Fish & Wildlife Service has published a Federal Register notice informing the public about proposed amendments to the CITES Appendices and proposed resolutions, decisions, and agenda items that the United States might submit for consideration at the 19th Meeting of the Conference of the Parties (CoP19). The nineteenth regular meeting of the Conference of the Parties (CoP19) is tentatively scheduled to be held in Costa Rica, March 3-14, 2022. Public comments will be accepted until May 3, 2021. Click here to read the Federal Register notice and learn how to submit comments.

Background: Currently there are 183 Parties to CITES (182 countries, including the United States, and one regional economic integration organization, the European Union). The Convention calls for regular meetings of the Conference of the Parties, and the Conference of the Parties has decided that these meetings should be held every 2-3 years. At the meetings, the Parties review the implementation of CITES, make decisions regarding the financing and function of the CITES Secretariat in Switzerland to enable it to carry out its functions, consider amendments to Appendices I and II, consider reports presented by the Secretariat, and adopt recommendations for the improved effectiveness of CITES. Any Party to CITES may propose amendments to Appendices I and II, resolutions, decisions, and agenda items for consideration by all the Parties at the meeting.

About the Ornithological Council

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

This news and analysis are provided by the Ornithological Council, a consortium supported by 10 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

Earlier this month, the Department of the Interior announced that it would freeze implementation of the controversial Trump-era rule that changed the enforcement of the Migratory Bird Treaty Act to no longer apply to incidental take, which was set to go into effect on Feb. 8.

The U.S. Fish and Wildlife Service reopened the public comment period for an additional 20 days and today the Ornithological Council submitted comments on the rule, drawing on previous comments submitted by the OC in response to the scoping notice in February 2020 and the draft envronmental impact statement in July 2020. The comments stressed the inadequacy of the environmental analysis performed on the rule and encouraged the agency to revert to the previous interpretation of the MBTA. 

Withdrawal of the rule by the Biden administration would not be entirely surprising; Rep. Deb Haaland (D-N.M.), who has been nominated for Secretary of the Interior, co-sponsored a bill during the last Congress to reverse the Trump administration's reinterpretation of the MBTA.

The final rule is also the subject of litigation, after a court in August struck down the internal Interior memo on which the new rule is based. The Trump administration had indicated its intent to appeal that case; but last month, the Biden administration asked for more time to consider whether to withdraw.  In addition, environmental groups filed suit in two different cases in January asking the federal court to strike down the new rule. 

UPDATE: The Biden administration withdrew its appeal in the federal case challenging the Interior memo on Feb. 25. 

About the Ornithological Council

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