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Migratory Bird Treaty Act

Migratory Bird Treaty Act. Bald and Golden Eagle Protection Act. What is the status of the MB Executive Order?. None are complete! DOD about to sign one DOE in progress Others unsure (FS, BLM, etc) FHWA at this time does not intend to finalize the MOU FWS has asked CEQ to intercede.

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Migratory Bird Treaty Act

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  1. Migratory Bird Treaty Act Bald and Golden Eagle Protection Act

  2. What is the status of the MB Executive Order? • None are complete! • DOD about to sign one • DOE in progress • Others unsure (FS, BLM, etc) • FHWA at this time does not intend to finalize the MOU • FWS has asked CEQ to intercede

  3. What do we do that Impacts MBs under MBTA • Clearing and grubbing – kills birds and eggs during nesting season • Bridge cleaning and repair – kills birds and eggs during nesting season • ROW management • Mowing kills birds • Herbicides kill birds • Brush control kills birds and eggs

  4. What impacts do highways have in general • Habitat loss and alteration from new construction • Secondary and cumulative effects – habitat loss and degradation – access to habitats • Noise (?) • Pollution(?)

  5. What are the problemsimposed on our program? • Uncertain permitting/enforcement requirements • Shortened construction season • Difficult if not impossible survey procedures for nests and nesting birds • Conservation demands not based on MBTA requirements • Ineffective avoidance/minimization measures??

  6. What does the Service want? • Insure consideration of migratory bird conservation in the Federal aid program • Permits • Address Conservation Initiatives for MB’s • Include MB’s in NEPA analysis • Implement measures to minimize take • Case by case monitoring(?) • Develop Partnerships to conserve MBs

  7. What about other agencies • Forest Service • Land Management Agency • Have a general conservation policy statement • Do a NEPA analysis – sometimes! • On timber sales do not get a take permit -usually • Do not schedule around nesting seasons (?)

  8. What do we do now? • Impact avoidance - • Restrict construction season • More?? Less ?? • Pre construction surveys – habitat analysis

  9. How can we respond to theService Desires? • Practicable and feasible • Cost effective • Acceptable to States • Agency policy (?) statement versus a MOU • Would that be more acceptable to the field • Is not iron clad • How much cooperation would we get

  10. What can we do better? • Focus on Birds of Management Concern • Habitat based • Species focused • Regional • Do NEPA analysis for MB’s impacts • Work with local and national partners • Who? • Get HQ management support in Negotiating with the Service

  11. What can we do better? • Increased coordination with Service? • Provide more conservation measures ??

  12. Bald and Golden EagleProtection Act Delisting of the Bald Eagle under ESA Protection under BGEPA (and MBTA) New guidelines – out for comment New Definitions - Harm Harass Disturb

  13. BGEPA • HQ and states have commented on the proposed guidelines. No allowance for take. • Guidelines very loose for field implementation • Have very long nesting season limits – in some cases 8 months a year. • Recommend avoiding all old nest sites, etc

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