Migratory Bird Treaty Act and Endangered Species Act - United States Fish and Wildlife Service Office of Law Enforcement SA Laura Chee

Migratory Bird Treaty Act
          and
Endangered Species Act
 United States Fish and Wildlife Service
       Office of Law Enforcement
             SA Laura Chee

What USFWS-OLE does

¾   Some laws enforced by USFWS:
¾   Lacey Act 1900
¾   Migratory Bird Treaty Act 1918
¾   Bald and Golden Eagle Protection Act 1940
¾   Endangered Species Act 1973
¾   Rhino and Tiger Act 1998

What the USFWS does
¾   The US Fish and Wildlife Service, working with
    others, conserves, protects, enhances fish and
    wildlife and their habitats for the continuing
    benefit of the American people.

¾   Responsible for enforcing U.S. and international
    laws, regulations, and treaties that protect
    wildlife resources.

MBTA and ESA

Acts enforced by US Fish and Wildlife Service
  Office of Law Enforcement that you may be
  encountering regularly and should be aware of
  are:

-Migratory   Bird Treaty Act (1918):

-Endangered    Species Act (1973):

MBTA
¾ What   are migratory birds?

¾ Migratory  birds are listed in 50 CFR 10.13
¾ Basically all birds you see outside
¾ *(EXCEPT for introduced species as
  pigeons, English sparrows and European
  starlings)

MBTA: 16 USC 703
¾   Migratory Bird Treaty Act:

¾   Unlawful to pursue, hunt, take,
    capture, kill, attempt to take,
    capture, or kill, possess, offer
    for sale, sell, offer to barter,
    barter, offer to purchase,
    purchase….any part, nest, or
    egg of any such bird, or any
    product
¾   Migratory Bird Permit Office
    issues permits

MBTA
¾   Violation of MBTA are criminal offenses
¾   Take defined: pursue, hunt, shoot, wound, kill, trap,
    capture, collect or attempt any of above (include
    poisoning)

¾   Strict liability offense: criminal prosecution without proof
    of guilty knowledge, a no-fault crime allowing conviction
    without proof of any fault on the part of the defendant.

¾   Fines and penalties:
¾   Class B misdemeanor (Class E felony for selling), 6
    months in jail, $5,000 per individual, $10,000 per
    organization

MBTA
¾  Some examples:
-Nesting and breeding season
   (February to August) calls from
   associations regarding ducks,
   swallows, tree trimmers

-Cases involving migratory birds
   being sold to Ebay

-Mining companies that have
   cyanide ponds that are not
   properly protected and have
   caused numerous migratory
   bird deaths

-Injured birds referred to
    rehabilitators that have permits
    to handle birds

MBTA
¾   What does this mean to you?

    1. Under 50 CFR 21.12, government agencies within
    their agency’s jurisdiction, can without a permit, have
    authority to:

    a. Possess migratory birds (dead)
    b. Transport migratory birds (dead)
    c. Dispose of migratory birds (dead)

MBTA
  2. Permits required to handle live
     birds, no exemptions

     *Ex: permits issued for specific
     programs, permits for vector
     control bird banding program

     **General public, businesses,
     etc. required to have permits

     Migratory Bird Permit Office:
       Permits are issued for
        rehabilitation, depredation,
        falconry, etc.
        Tami Tate Hall 503-872-
        2715

MBTA
3. Can prevent
  unnecessary
  migratory bird deaths
  when conducting
  treatments
  Nesting/Breeding
  season range from
  February into August
  Cannot remove active
  nests with live chicks
  or eggs

MBTA
4. Secondary poisoning issues:
Keep in mind secondary poisoning issues that
can occur with pesticide applications.
 i.e. treated rat eaten by raptor is considered a
    violation

5. When working with other agencies, make
aware of MBTA
i.e working with pest control agencies that complete
treatments, educate about MBTA

Endangered Species Act

ESA
 ¾   What are Endangered Species?
 ¾   List includes

 ¾   Endangered wildlife:
 ¾   Any species which is in danger of
     extinction throughout all or a significant
     portion of its range

 ¾   Threatened wildlife:
 ¾   Species is likely to become
     endangered within the foreseeable
     future throughout all or a significant
     portion of its range

 ¾   Note: animals may not be in low
     numbers necessarily, but relative to
     historical numbers and range are low.

ESA
 ¾   Endangered Species List

 ¾   Can include mammals, birds,
     reptiles, amphibians, fish,
     clams, snails, insects,
     arachnids, crustaceans,
     flowering plants, conifers,
     lichens

 ¾   Animal list 50 CFR 17.11
 ¾   Plant list 50 CFR 17.12

 ¾   Can be looked up by common
     or scientific name at
     http://www.fws.gov/endangere
     d/wildlife.html

Endangered Species Act
               16 USC 1538
Violation of Endangered Species Act:
¾   Unlawful to import, export
¾   Unlawful to take within the United States
¾   Unlawful to possess, sell, deliver, carry, transport, or
    ship by any means whatsoever, any species taken in
    violation
¾   Unlawful to deliver, receive, carry, transport, or ship in
    interstate or foreign commerce, by any means
    whatsoever and in the course of a commercial activity
¾   Sell or offer for sale in interstate or foreign commerce

ESA
¾   Violation of Endangered Species is a criminal offense
¾   Take defined: harm, harass, wound, collect..or attempt..
¾   Harm: Actual injury or killing of species by significantly
    impairing breeding, feeding, sheltering including habitat
    modification
¾   Harass: Significantly disrupt breeding, feeding, sheltering

¾   Fines and Penalties: Civil Penalties, $12,000 per
    individual, $25,000 per organization
¾   Class A Misdemeanor, up to $100,000 per individual,
    $200,000 per organization

ESA
 ¾   Some examples:
 ¾   Large companies
     developing land and
     have knowledge of
     endangered species
     presence and still
     conduct activities
     without approval,
     USFWS-OLE work
     with USFWS
     Ecological Services

ESA
¾   What does this mean to
    you?

¾   1. Awareness of
    Endangered Species and
    their critical habitat areas
    z   As a vector control agency,
        be aware of areas that are
        inhabited by endangered
        species and/or critical
        habitat area.

ESA
¾   2. Work in coordination with USFWS Ecological Services
    Office to monitor, mitigate, and minimize when
    conducting activities that may affect endangered species
    and/or critical habitat

¾   -minimize harmful effects of pesticides
    -minimize deaths of animals or damage to endangered
    habitat

¾   i.e. when conducting activities regarding mosquitoes,
    mostly located in riparian and wetland habitat, keep in
    mind could involve endangered species

ESA

3. Educate others

-Within agency and if using contractors to
  complete treatments, educate them to be aware
  of potential endangered species issues

-When issuing mosquito fish, educate public to not
  release into waterways which may be harmful to
  natural populations of protected wildlife.

ESA
¾   When conducting activities with endangered
    species and/or critical habitat area, can check
    with our USFWS Ecological Services Division
¾   Carlsbad: 760-431-9440
¾   Ventura: 805-644-1766

¾   Endangered Species list located on the web:
¾   www.fws.gov

CONCLUSION
¾ When handling migratory birds, limited by
 authority of your respective agencies,
 otherwise need permits.

¾ Applytreatments in coordination with
 USFWS if ESA and/or critical habitat areas
 to avoid unnecessary deaths of
 endangered or threatened species.

Contact information
¾   Contact information:
¾   www.FWS.gov
¾   Migratory Bird Permit
    Office:
¾   Tami Tate Hall 503-872-
    2715
¾   USFWS Ecological
    Services
¾   Carlsbad: 760-431-9440
¾   Ventura: 805-644-1766
¾   USFWS Law
    Enforcement:
¾   SA Laura Chee 310-328-
    1516 x 210