United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2007_register executive 2010-09-22 article Rules and Regulations D09002ee1c80bb541 D09002ee1c80bb5ce United States Department of the Interior originator org United States Government Agency or Subagency United States Fish and Wildlife Service originator org United States Government Agency or Subagency The Migratory Bird Treaty Act (MBTA) prohibits the taking, killing, or possessing of migratory birds unless permitted by regulations promulgated by the Secretary of the Interior. While some courts have held that the MBTA does not apply to Federal agencies, in July 2000, the United States Court of Appeals for the District of Columbia Circuit ruled that the prohibitions of the MBTA do apply to Federal agencies, and that a Federal agency's taking and killing of migratory birds without a permit violated the MBTA. On March 13, 2002, the United States District Court for the District of Columbia ruled that military training exercises of the Department of the Navy that incidentally take migratory birds without a permit violate the MBTA. On December 2, 2002, the President signed the 2003 National Defense Authorization Act (Authorization Act). Section 315 of the Authorization Act provides that, not later than one year after its enactment, the Secretary of the Interior (Secretary) shall exercise his/her authority under Section 704(a) of the MBTA to prescribe regulations to exempt the Armed Forces for the incidental taking of migratory birds during military readiness activities authorized by the Secretary of Defense or the Secretary of the military department concerned. The Authorization Act further requires the Secretary to promulgate such regulations with the concurrence of the Secretary of Defense. The Secretary has delegated this task to the U.S. Fish and Wildlife Service (Service). In passing the Authorization Act, Congress itself determined that allowing incidental take of migratory birds as a result of military readiness activities is consistent with the MBTA and the treaties. With this language, Congress clearly expressed its intention that the Armed Forces give appropriate consideration to the protection of migratory birds when planning and executing military readiness activities, but not at the expense of diminishing the effectiveness of such activities. This rule has been developed by the Service in coordination and cooperation with the Department of Defense and the Secretary of Defense concurs with the requirements herein. Current regulations authorize permits for take of migratory birds for activities such as scientific research, education, and depredation control (50 CFR parts 13, 21 and 22). However, these regulations do not expressly address the issuance of permits for incidental take. As directed by Section 315 of the Authorization Act, this rule authorizes such take, with limitations, that result from military readiness activities of the Armed Forces. If any of the Armed Forces determine that a proposed or an ongoing military readiness activity may result in a significant adverse effect on a population of a migratory bird species, then they must confer and cooperate with the Service to develop appropriate and reasonable conservation measures to minimize or mitigate identified significant adverse effects. The Secretary of the Interior, or his/her designee, will retain the power to withdraw or suspend the authorization for particular activities in appropriate circumstances. 72 FR 8931 https://www.govinfo.gov/app/details/FR-2007-02-28/E7-3443 E7-3443 fr28fe07-12 RIN 1018-AI92 4310-55-P https://www.govinfo.gov/app/details/FR-2007-02-28/E7-3443 https://www.govinfo.gov/content/pkg/FR-2007-02-28/html/E7-3443.htm https://www.govinfo.gov/content/pkg/FR-2007-02-28/pdf/E7-3443.pdf Exports Hunting Imports Reporting and Recordkeeping Requirements Transportation Wildlife 20 p. 8931 8950 72 FR 8931 Title 50 Part 21 50 CFR Part 21 RIN 1018-AI92 Migratory Bird Permits; Take of Migratory Birds by the Armed Forces; Federal Register Vol. 72, Issue RULE E7-3443 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 2007-03-30 4310-55-P E7-3443 Final rule.

The Migratory Bird Treaty Act (MBTA) prohibits the taking, killing, or possessing of migratory birds unless permitted by regulations promulgated by the Secretary of the Interior. While some courts have held that the MBTA does not apply to Federal agencies, in July 2000, the United States Court of Appeals for the District of Columbia Circuit ruled that the prohibitions of the MBTA do apply to Federal agencies, and that a Federal agency's taking and killing of migratory birds without a permit violated the MBTA. On March 13, 2002, the United States District Court for the District of Columbia ruled that military training exercises of the Department of the Navy that incidentally take migratory birds without a permit violate the MBTA. On December 2, 2002, the President signed the 2003 National Defense Authorization Act (Authorization Act). Section 315 of the Authorization Act provides that, not later than one year after its enactment, the Secretary of the Interior (Secretary) shall exercise his/her authority under Section 704(a) of the MBTA to prescribe regulations to exempt the Armed Forces for the incidental taking of migratory birds during military readiness activities authorized by the Secretary of Defense or the Secretary of the military department concerned. The Authorization Act further requires the Secretary to promulgate such regulations with the concurrence of the Secretary of Defense. The Secretary has delegated this task to the U.S. Fish and Wildlife Service (Service). In passing the Authorization Act, Congress itself determined that allowing incidental take of migratory birds as a result of military readiness activities is consistent with the MBTA and the treaties. With this language, Congress clearly expressed its intention that the Armed Forces give appropriate consideration to the protection of migratory birds when planning and executing military readiness activities, but not at the expense of diminishing the effectiveness of such activities. This rule has been developed by the Service in coordination and cooperation with the Department of Defense and the Secretary of Defense concurs with the requirements herein. Current regulations authorize permits for take of migratory birds for activities such as scientific research, education, and depredation control (50 CFR parts 13, 21 and 22). However, these regulations do not expressly address the issuance of permits for incidental take. As directed by Section 315 of the Authorization Act, this rule authorizes such take, with limitations, that result from military readiness activities of the Armed Forces. If any of the Armed Forces determine that a proposed or an ongoing military readiness activity may result in a significant adverse effect on a population of a migratory bird species, then they must confer and cooperate with the Service to develop appropriate and reasonable conservation measures to minimize or mitigate identified significant adverse effects. The Secretary of the Interior, or his/her designee, will retain the power to withdraw or suspend the authorization for particular activities in appropriate circumstances.

This rule is effective March 30, 2007. Robert Blohm, Chief, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, telephone 703-358-1714. Exports Hunting Imports Reporting and Recordkeeping Requirements Transportation Wildlife Migratory bird permits: Defense Department; migratory birds take, http://birdhabitat.fws.gov/NAWMP/nawmphp.htm http://migratorybirds.fws.gov http://migratorybirds.fws.gov/reports/bcc2002.pdf http://migratorybirds.fws.gov/reports/reports.html http://shorebirdplan.fws.gov http://shorebirdplan.fws.gov/ http://www.nabci-us.org http://www.partnersinflight.org http://www.partnersinflight.org/ http://www.usahas.com http://www.waterbirdconservation.org Vol. 72, no. 39 Office of the Federal Register, National Archives and Records Administration 2007-02-28 continuing daily deposited born digital 362 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2007-02-28 P0b002ee180963d6d 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr28fe07 https://www.govinfo.gov/app/details/FR-2007-02-28 https://www.govinfo.gov/content/pkg/FR-2007-02-28/pdf/FR-2007-02-28.pdf https://www.govinfo.gov/content/pkg/FR-2007-02-28/xml/FR-2007-02-28.xml fdlp 8879 9232 DGPO 2010-09-22 2024-06-05 FR-2007-02-28 machine generated eng FR FR-2007-02-28 72 39