Mike Green Division of Migratory Birds, USFWS, Pacific Region Portland, OR Birds and Dams
Outline Federal laws that protect birds Mig. Bird Treaty Act Eagle Act ESA Birds and Dams Birds that eat E&T fish 3 processes underway Nesting, roosting, collisions, other? Control Options the FWS toolbox
Birds and the Law MBTA of 1918 + amendments Implements conventions (treaties) with 4 countries: Canada in 1916; Mexico in 1936; Japan in 1972; Russia in 1978. Prohibits direct take unless authorized by permit. In general, we do not issue permits for indirect or incidental take, as there is no clear permit regulation for this purpose. It s a Strict Liability statute violation regardless of intent. Permit types: Raptor Propagation; Indian Religious Purpose; Scientific Collecting; Waterfowl Sale; Rehabilitation; Taxidermy; Education; Salvage; Depredation; Special Purpose.
MBTA Protects 1007 native species, except (50 CFR 10.13) resident game birds grouse, quail, etc. and introduced species.
Bald and Golden Eagle Protection Act Eagle Act 1940 + amendments Take prohibited without permit Incidental take is permitable (since 2009). Permitting easier for Bald Eagle than Golden Eagles. Most permits are for one-time Disturbance for Bald Eagles First wind power take permit (West Butte) under consideration
Endangered Species Act 1973 law prevent extinction/promote recovery. NOAA for marine, FWS for all other species; Co-manage species in marine & freshwater; NOAA is primary for salmon USFWS shares recovery responsibility. Hydropower and E&T birds not much interaction? Hydropower and E&T fish? Lots of interaction. E&T fish and birds? Lots of interaction.
Fish-eating Birds Dan Roby s Lab, OSU Double-crested Cormorant Caspian Tern White Pelican
In Northwest 3 Bird/Fish Mgmt Efforts 1. Pacific Flyway management plans for cormorants and white pelicans. Drafts March 2012. 2. Cormorant Management Plan on lower Columbia River a result of multi-agency ESA-driven, Reasonable and Prudent Alternative #46 in 2008 BioOp. End of 2012. 3. Caspian Tern, cormorant, other birds management plan RPA #47. End of 2012.
3 Bird/Fish Mgmt Efforts, cont. Each considers reducing fish predation in specific areas by population control and redistribution within flyway. E.g. Caspian Terns - implement CATE management plan redistribute Columbia River colonies across western states. E.g. Cormorants - push off East-Sand Island in Lower Columbia.
How Does This Affect You? Might not bird issues if any might be different, but The tools in our toolbox are the same regardless of who owns the dam.
The FWS Toolbox Stuff you can do without a permit - Non-lethal: Hazing
The FWS Toolbox Stuff you can do without a permit - Non-lethal: Nest destruction before or after nesting (non-eagle) (see policy http://www.fws.gov/policy/m0208.pdf)
The FWS Toolbox Stuff you can do without a permit - Non-lethal: Nest Deterrents Collision avoidance measures APLIC (Mel?) Electrocution avoidance APLIC (Mel?)
The FWS Toolbox, cont. Active Nest Relocation If there is an active nest, then let it be until the birds are done. If it must be moved, e.g. construction cannot be delayed, emergency situation, etc., then contact Federally-permitted wildlife rehabilitator, or USFWS employee, or vet. With planning, most situations can be avoided.
The FWS Toolbox, cont. Lethal Depredation Permit We issue in specific circumstances, when take is unavoidable, and until non-lethal solutions can be found. USDA-APHIS might carry this out rather than you.
The FWS Toolbox, cont. You want to build a fence, but there is a robin s nest in the way? What do you do? Are there eggs or nestlings? Can you wait a month? No? Then call Wildlife Rehabilitator USFWS Division of Migratory Birds, or USFWS Law Enforcement.
The FWS Toolbox, cont. If it s an eagle, then also, call the USFWS 503-231-6164 (Pacific Regional Office)