PERMITS AS A CONSERVATION TOOL

Topic
Background

Scoping notice, 10 August 1998 (.pdf file)
Comments by the Ornithological Council on the scoping notice (.pdf file)
Notice of proposed policy, 28 October 1999  (.pdf file)
Comments by the Ornithological Council on the proposed policy (.pdf file)

Topic:  Changes in procedures for permits issued under the Migratory Bird Treaty Act, CITES, the Endangered Species Act, Wild Bird Conservation Act and Bald and Golden Eagle Act

FINAL UPDATE 17 January 2005: The apparent culmination of this effort was the issuance of a policy embodied in the USFWS permits "vision statement" called "Leaving a Lasting Legacy" (http://www.nmnh.si.edu/BIRDNET/OC/experthelp/USFWS_permits_website&vision.html). The USFWS apparently does not intend to propose a formal regulation; rather these changes will be implemented through that written policy.

At least two permits implementing this policy have been issued and the USFWS is evaluating the results of those permits.

In addition, the USFWS has made it a practice that if multiple permits (CITES, WBCA, ESA, MBTA) are needed, one application can be submitted to the Division of Management Authority and that DMA will automaticallhy determine which authorities apply. The DMA will, if it determines that issuance is appropriate, include all applicable authorities.

The Ornithological Council would like to hear from those who have applied for "conservation tools" permits. Please contact Executive Director Ellen Paul at ellen.paul<at>verizon.net.

Background:   Following several years of effort by various organizations to improve permit regulations and procedures, the U.S. Fish and Wildlife Service (USFWS)announced that it was undertaking a review of those regulations and procedures.  In response, the USFWS announced that it would attempt to develop a policy that employed permits as a conservation tool.  On 10 August 1998,  USFWS published a scoping notice in the Federal Register explaining that it would attempt to develop this policy, and seeking comments from the public.  Any changes that the USFWS proposes to these regulations and procedures will be announced in a proposed rule in the Federal Register.  The USFWS will ask for comments on those specific changes.

After considering the comments received in response to the scoping notice, the proposed policy was announced on 28 October 1999. The USFWS asked for comments on the proposed policy.

A final policy has never been issued. However, the USFWS apparently considers its permits vision statement "Leaving a Lasting Legacy" to embody the intent expressed in the proposed policy.
 

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