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Migratory Bird Protection

Photo of a human hand holding a very small chick (bird species unknown).
Migratory birds are some of nature’s most magnificent resources and play a significant role in the health of the environment, economy, and culture both in the United States and internationally. Each spring and fall season are marked by massive migrations along specific migratory routes called flyways; four occur in North America (Atlantic, Central, Mississippi and Pacific). The primary motivation for migration appears to be food and reproduction. The most common pattern involves flying north in the spring to breed in the temperate or Arctic summer, then returning in autumn to warmer regions in the south where greater food availability exists. The Migratory Bird Treaty Act (MBTA) is one of the oldest environmental protection laws in the United States. Passed in 1918 because of dramatic declines in bird populations, the law provides for protection and conservation of birds found in countries around the world. In spite of its name, the MBTA protects nearly all birds occurring in the U.S., even those that remain in the same general locations year-round. It prohibits harm and harassment; and taking bird parts (e.g., feathers), nests, and eggs.
 

What has the Army done?

  
Army installations provide habitat to hundreds of species of migratory birds during the breeding and/or winter season during migration. FWS and Department of Defense signed a memorandum of understanding in 2014 that outlines a collaborative approach to promote the conservation of migratory bird populations. The MOU identifies specific activities where cooperation between the parties will contribute substantially to the conservation of migratory birds and their habitats. At installations around the world, habitat management activities that are consistent with the Army’s mission are implemented to maintain a realistic training environment and benefit avian species. These include mowing and plant community restoration strategies, prescribed burning, training and outreach on bird conservation, and data collection to help Army leadership make informed decisions regarding selection of construction sites and other mission activities.
 
When a planned action has the potential to disturb or harm migratory birds, Army natural resources managers and wildlife biologists confer with USFWS to develop measures to reduce or eliminate negative impacts. In rare cases when impacts are unavoidable, a permit is requested which allows USFWS to track and monitor how / where bird populations are affected by human activities. The permits also specify certain conditions and terms that must be followed by the permit holder, again to minimize impacts.
 

Why is this important?

 
It is illegal to intentionally “take” a migratory bird under the MBTA without a permit from the FWS. A “take” is defined as “pursue, hunt, shoot, wound, kill, trap, capture or collect.” However, there are a few exceptions to the rule: one is unintentional take during military readiness activities and another is the humane removal of migratory birds from inside a building (other than federal threatened or endangered species or eagles without a permit, 50 CFR Part 21.12(d) & 22).