PER2021_Custom and Border Protection_MB_2021019 (10).pdf

6/25/2021 Federal Permit PER0014908 https://fwsepermits.servicenowservices.com/fws/?id=fws_print_federal_permit&sys_id=df5da8541b85345048c5a7dbe54bcbb0 1/7

Department of the Interior

U.S. FISH AND WILDLIFE SERVICE

Migratory Bird Permit Office 300 Westgate Center Drive Hadley, Massachusetts 01035-0779 permitsR5MB@fws.gov Tel: 413-253-8643 Fax: 413-253-8424

Permittee:

U.S. Customs and Border Protection 1331 Pennsylvania Ave. NWSTE 775- NMailstop 1100 Washington, District Of Columbia 20229-1100 U.S.A.

Chief, Migratory Bird Permit Office

Digitally signed by

Location where authorized activity may be conducted:

Activity conducted on federal property and rights-of-way Records kept from Energy and Environment Management Division, US Customs and Border Protection 1331 Pennsylvania Ave, NW Washington, DC 20229

Reporting requirements:

Annual Report Due: 01/31

SPECIAL PURPOSE - MISCELLANEOUS

Permit Number: MBPER0014908

Version Number: 0 Effective: 2021-06-25 Expires:

2024-03-31

Issuing Office:

Authority: Statutes and Regulations: 16 U.S.C 703-712 50 CFR Part 13, 50 CFR 21.27 https://fwsepermits.servicenowservices.com/fws/?id=fws_print_federal_permit&sys_id=df5da8541b85345048c5a7dbe54bcbb0 2/7

See Condition F(4) for additional reporting requirements MBPO Contact(s): PermitsR5MB@fws.gov OLE Contact(s): 1-844-FWS-TIPS (397-8477)

Authorizations and Conditions:

A. Possession and Transport You are authorized to conduct the following activities as specified below for human health and safety purposes or during the course of Customs and Border Protection official duties for operational or maintenance purposes or other emergency actions:

(1) Migratory Birds (except as limited in A(2)): You and subpermittees are authorized to collect, transport, and possess remains (i.e., whole birds, feathers, parts, bone piles, etc.) of migratory birds found at the location/property specified above. “Collect” includes picking up remains for the purposes of temporary (e.g., for immediate burial) or longer-term (e.g., transportation to landfill, storage, etc.) possession.

(2) Bald Eagles and Golden Eagles (Eagles) and species federally listed as Threatened or Endangered (T/E Species): If you or a subpermittee discover remains of an Eagle or T/E species and would like to collect or move the remains, you must call U.S. Fish and Wildlife Service (Service) Office of Law Enforcement(OLE). You must receive instructions and approval BEFORE collecting or moving the remains, unless you are working under a specific alternative protocol established by you and OLE. It may be necessary to preserve the remains or parts onsite until an agent or other Service or State representative arrives to collect them.

A list of T/E Species by State may be found in the Service’s Threatened and Endangered Species System (TESS) database at: <<http://www.fws.gov/endangered>> B. Migratory Bird Nest Take

(1) Eagles or T/E Species: Take of nests, whether active or inactive, is not authorized for these species. Additional federal permit(s) may be required.

(2) Active Nests (nests containing chicks or viable eggs):

In emergency situations, you are authorized to take (relocate or destroy) active migratory bird nests including viable eggs or chicks found on human-made structures, in rights-of-way, or on hazard areas if (i) the safety of the migratory birds, nests, or eggs are at risk, or (ii) the

SPECIAL PURPOSE - MISCELLANEOUS

Permit Number: MBPER0014908

Version Number: 0 Effective: 2021-06-25 Expires:

2024-03-31 https://fwsepermits.servicenowservices.com/fws/?id=fws_print_federal_permit&sys_id=df5da8541b85345048c5a7dbe54bcbb0 3/7 migratory birds, nests, or eggs pose a threat to human health or safety. You may not use this authority to destroy or relocate nests for situations in which migratory birds are merely causing a nuisance or inconvenience.

a. Active Nest Relocation Relocation of nests is preferred if the circumstances or conditions warrant, such as if Birds of Conservation Concern species or if species are amenable to nest relocation. If nests are relocated, they must be relocated to a site and structure (natural or artificial) appropriate to the species’ requirements. You must monitor relocated nests sufficiently to determine if adult birds have returned or if the nest is abandoned. If adult birds have abandoned the nest, eggs/chicks may be transported to a federally permitted rehabilitator.

A list of Birds of Conservation Concern may be found at:

<<https://www.fws.gov/birds/management/managed-species/birds-of-conservation-concern.php>>

b. Active Nest Destruction If circumstances or conditions are not appropriate for relocation, you may destroy the nest.

Viable eggs and/or chicks may be destroyed or transported to a federally permitted rehabilitator for care.

c. Reporting If you relocate or destroy an active migratory bird nest, you must report it to the appropriate Regional Migratory Bird Permit Office (MBPO) describing the emergency situation, circumstances, and action proposed/taken. When practicable, notification should be prior to taking action but must be no later than 72 hours after relocation/destruction. See Condition F(1) for annual report requirements.

(3) Inactive Nests:

You are authorized to relocate inactive migratory bird nests to avoid or minimize the need to take active migratory bird nests. Inactive nests are nests without viable eggs or chicks.

a. Inactive Nest Relocation For avoidance and minimization purposes, inactive migratory bird nests or nest material may be relocated to a site and structure (natural or artificial) appropriate to the species’ requirements.

b. Inactive Nest Destruction

SPECIAL PURPOSE - MISCELLANEOUS

Permit Number: MBPER0014908

Version Number: 0 https://fwsepermits.servicenowservices.com/fws/?id=fws_print_federal_permit&sys_id=df5da8541b85345048c5a7dbe54bcbb0 4/7

Inactive nest destruction does not need to be reported under this permit. Inactive migratory bird nests may be destroyed without a federal permit under the Migratory Bird Permit Memorandum for Destruction and Relocation of Migratory Bird Nest Contents (June 14, 2018). Nest material may be destroyed or scattered and left on site. You may not possess the nest without additional authorizations.

C. Injured or orphaned birds If you find injured or orphaned migratory birds, including Eagles and T/E Species, you should immediately contact a federally permitted migratory bird rehabilitator or a licensed veterinarian and follow their instructions for transport, care, and/or disposition of birds. We encourage you to offset the costs incurred by birds injured by operations or infrastructure by paying expenses for the care, donations, in-kind assistance, or other means.

D. Except as authorized by Condition B, take and collection of live, non-injured migratory birds, eggs, or nests is not authorized by this permit. In addition, this permit does not authorize the take, capture, harassment, or disturbance of Eagles and T/E Species.

E. Disposition of Remains

(1) Eagles or T/E Species:

In accordance with Condition A(2) above, OLE will advise you on how to dispose of remains. If you are already working under a specific alternative protocol established by you and OLE, continue to follow the agreed upon instructions. Disposition must be reported in your annual report to your migratory bird permit issuing office.

(2) For all other Migratory Birds:

Dispose of remains by:

a. Turning over to a state or federal wildlife agency for official purposes;

b. Donating to an entity authorized to possess migratory birds by federal permit or regulation (you may contact your MBPO for verification of a federal permit or regulation prior to donation);

c. Donating to a permitted Non-Eagle Repository for distribution to federally enrolled Native Americans for religious purposes (<<https://www.fws.gov/southwest/NAL/feathers.html>>); or

d. Completely destroying.

F. Reporting

(1) Annual Report:

SPECIAL PURPOSE - MISCELLANEOUS

Permit Number: MBPER0014908

Version Number: 0 https://fwsepermits.servicenowservices.com/fws/?id=fws_print_federal_permit&sys_id=df5da8541b85345048c5a7dbe54bcbb0 5/7

You must submit an annual report by January 31 each year for all activities conducted between January 1 and December 31 of the preceding year to your migratory bird permit issuing office, including:

a. All birds collected and all Eagles and T/E Species collected.

b. Any active nests relocated or destroyed, including the date, location, species, disposition, and number of eggs/chicks. For relocated nests, include if the parents returned to or abandoned the nest.

(2) Eagles and T/E Species:

For Eagle or T/E species discovered (Condition A(2)), report to OLE, unless you are working under a specific alternative protocol established by you and OLE. If you notify OLE via email, you may notify the MBPO by including your MBPO contact. If you contact OLE via phone, follow-up with an email to the appropriate MBPO.

Reporting to OLE must be prior to collection. Reporting to the MBPO must be no later than 7 days from the date of discovery of the remains. Report any relevant information, including the data in Condition C.

(4) Submitting Reports:

You may submit an electronic report of your activities for the calendar year using form 3-202-7.

(5) If your operations occur on land not owned by you and you are contacted by a landowner who has found a bird or eagle, you must inform them on how to properly dispose of the bird. In any future written agreements with landowners, we recommend you include instructions on what to do if the landowner discovers a dead migratory bird or eagle.

G. Authorized Subpermittees: [names] In addition, any person who is employed by the permittee for the activities specified in this permit, or any person who the principal officer provides a written letter designating them as a subpermittee may exercise the authority of this permit. The letter should identify any restrictions on the date(s), location(s), and/or activities a subpermittee may conduct.

H. You and any subpermittees must comply with the Standard Conditions below.

These standard conditions are a continuation of your permit conditions and must remain with your permit. These standard conditions are nationwide and may not be modified for individual permits.

SPECIAL PURPOSE - MISCELLANEOUS

Permit Number: MBPER0014908

Version Number: 0 https://fwsepermits.servicenowservices.com/fws/?id=fws_print_federal_permit&sys_id=df5da8541b85345048c5a7dbe54bcbb0 6/7

1. All of the provisions and conditions of the governing regulations at 50 CFR part 13 and 50 CFR part 21.27 are conditions of your permit. Failure to comply with the conditions of your permit could be cause for suspension of the permit. If you have questions regarding these conditions, refer to the regulations or, if necessary, contact your migratory bird permit issuing office. For copies of the regulations and forms, or to obtain contact information for your issuing office, visit: http://www.fws.gov/migratorybirds/mbpermits.html (http://www.fws.gov/migratorybirds/mbpermits.html).

2. General conditions set out in Subpart B of 50 CFR 13, and specific conditions contained in Federal regulations cited above, are hereby made a part of this permit. All activities authorized herein must be carried out in accord with and for the purposes described in the application submitted. Continued validity, or renewal of this permit is subject to complete and timely compliance with all applicable conditions, including the filing of all required information and reports.

3. The validity of this permit is also conditioned upon strict observance of all applicable foreign, state, local tribal, or other federal law.

4. Valid for use by permittee named above.

5. Banded Birds (remains collected and injured birds) must be reported to the U.S. Geological Survey Bird Banding Laboratory at <<http://www.reportband.gov>>. Information provided must include, as accurately as possible, species of bird, band number, date recovered, recovery location, and name and contact information of the person who recovered the remains or bird.

6. Subpermittees. A subpermittee is an individual to whom you have provided written authorization to conduct some or all of the permitted activities in your absence. Subpermittees must be at least 18 years of age. As the permittee, you are legally responsible for ensuring that anyone conducting activities under your permit is adequately trained and adheres to the terms of your permit. You are responsible for maintaining current records of who you have designated as a subpermittee, including copies of designation letters you have provided.

7. Carrying your permit. You and any subpermittees must carry a legible copy of this permit and display it upon request of any duly authorized federal, state, or tribal officer whenever exercising its authority. Subpermittees must also carry your written subpermittee designation letter, if applicable.

SPECIAL PURPOSE - MISCELLANEOUS

Permit Number: MBPER0014908

Version Number: 0 Effective: 2021-06-25 Expires:

http://www.fws.gov/migratorybirds/mbpermits.html https://fwsepermits.servicenowservices.com/fws/?id=fws_print_federal_permit&sys_id=df5da8541b85345048c5a7dbe54bcbb0 7/7

8. Records. You must maintain complete and accurate records of the activities conducted and the data collected under this permit. You must keep all required records and collected wildlife parts relating to permitted activities at the location you identified in writing to the migratory bird permit issuing office. (50 CFR 13.46 and 21.27)

9. Site inspections. Acceptance of this permit authorizes the USFWS to enter the utility property at any reasonable hour as necessary to inspect the wildlife, records, facilities, property, and associated infrastructure for wildlife impacted by the utility, and for compliance with the terms of this permit and governing regulations. (50 CFR 13.47)

10. Applicable laws. You may not conduct the activities authorized by this permit if doing so would violate the laws of the applicable State, county, municipal or tribal government or any other applicable law.

11. Other permissions. This permit does not authorize salvage of specimens on Federal, State, tribal, or other public or private property without additional prior written permits or permission from the agency/landowner/custodian.

12. This permit does not grant right of trespass on property you do not own or control.

This permit does not, nor shall it be construed to, authorize lethal take (except as authorized by Condition B(2)) or injury of migratory birds or limit or preclude the U.S. Fish and Wildlife Service from exercising its authority under any law, statute, or regulation, or from taking enforcement action against any individual, company, or agency. This permit is not intended to relieve any individual, company, or agency of its obligations to comply with any applicable Federal, State, Tribal, or local law, statute, or regulation.

For suspected illegal activity, immediately contact USFWS Law Enforcement 1-844-FWS-

TIPS (397-8477)

https://www.fws.gov/le/regional-law-enforcement-offices.html (https://www.fws.gov/le/regional-law-enforcement-offices.html)

SPECIAL PURPOSE - MISCELLANEOUS

Permit Number: MBPER0014908

Version Number: 0 Effective: 2021-06-25 Expires:

2024-03-31 https://www.fws.gov/le/regional-law-enforcement-offices.html