30 August 2006
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[Federal Register: August 30, 2006 (Volume 71, Number 168)]
[Notices]
[Page 51580-51585]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au06-59]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Memorandum of Understanding Between the U.S. Department of
Defense and the U.S. Fish and Wildlife Service To Promote the
Conservation of Migratory Birds
AGENCY: Department of Defense.
ACTION: Notice.
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SUMMARY: This notice announces a public notice of the signing of a
Memorandum of Understanding (MOU) between the U.S. Department of
Defense and the U.S. Fish and Wildlife Service to Promote the
Conservation of Migratory Birds. Pursuant to Executive Order 13186
(January 17, 2001), ``Responsibilities of Federal Agencies to Protect
Migratory Birds,'' this MOU outlines a collaborative approach to
promote the conservation of migratory bird populations. This MOU
identifies specific activities where cooperation between the Parties
will contribute substantially to the conservation of migratory birds
and their habitats. It does not authorize the ``take'' of migratory
birds. Take, as defined in 50 CFR 10.12, includes the pursuit, hunting,
shooting, wounding, killing, trapping, capturing, collecting, or
attempting to pursue, hunt, shoot, wound, kill, trap, capture, or
collect.
The complete text of the MOU is attached.
Effective Dates: This notice is effective August 30, 2006. The MOU is
effective July 31, 2006 and shall remain effective for a period of five
years.
FOR FURTHER INFORMATION CONTACT: Peter Boice, 703-704-0524.
SUPPLEMENTARY INFORMATION: The notice is required by Section 3(g) of
Executive Order 13186 which states ``Each agency shall advise the
public of the availability of its MOU through a notice published in the
Federal Register.''
Dated: August 24, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer, DoD.
Memorandum of Understanding Between the U.S. Department of Defense and
the U.S. Fish and Wildlife Service To Promote the Conservation of
Migratory Birds
This Memorandum of Understanding (MOU) is entered into between the
U.S. Department of Defense (DoD) and the U.S. Fish and Wildlife Service
(FWS) (hereinafter ``the Parties'').
A. Purpose and Scope
Pursuant to Executive Order 13186 (January 17, 2001),
Responsibilities of Federal Agencies to Protect Migratory Birds, this
MOU outlines a collaborative approach to promote the conservation of
migratory bird populations.
This MOU does not address incidental take during military readiness
activities, which is being addressed in a rulemaking in accordance with
section 315 of the National Defense Authorization Act for Fiscal Year
2003 (Pub. L. 107-314, 116 Stat. 2458).
This MOU specifically pertains to the following categories of DoD
activities:
(1) Natural resource management activities, including, but not
limited to, habitat management, erosion control, forestry activities,
agricultural
[[Page 51581]]
outleasing, conservation law enforcement, invasive weed management, and
prescribed burning;
(2) Installation support functions, including but not limited to,
the maintenance, construction or operation of administrative offices,
military exchanges, road construction, commissaries, water treatment
facilities, storage facilities, schools, housing, motor pools, non-
tactical equipment, laundries, morale, welfare, and recreation
activities, shops, landscaping, and mess halls;
(3) Operation of industrial activities;
(4) Construction or demolition of facilities relating to these
routine operations; and
(5) Hazardous waste cleanup.
This MOU identifies specific activities where cooperation between
the Parties will contribute substantially to the conservation of
migratory birds and their habitats. This MOU does not authorize the
take of migratory birds.
B. Authorities
The Parties' responsibilities under the MOU are authorized by
provisions of the following laws:
Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C.
410hh-3233).
Bald and Golden Eagle Protection Act of 1940 (16 U.S.C. 668-668d).
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Fish and Wildlife Act of 1956 (16 U.S.C. 742 et seq.).
Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2901-2911).
Fish and Wildlife Coordination Act (16 U.S.C. 661-667).
Migratory Bird Conservation Act (16 U.S.C. 715-715d, 715e, 715f-715r).
Migratory Bird Treaty Act (16 U.S.C. 703-711).
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347).
Sikes Act Improvement Act of 1997 (16 U.S.C. 670a-670o).
Agreements to limit encroachments and other constraints on military
training, testing, and operations (10 U.S.C. 2684a)
C. Background
The Parties have a common interest in the conservation and
management of America's natural resources. The Parties agree that
migratory birds are important components of biological diversity and
that the conservation of migratory birds will both help sustain
ecological systems and help meet the public demand for conservation
education and outdoor recreation, such as wildlife viewing and hunting
opportunities. The Parties also agree that it is important to: (1)
Focus on bird populations; (2) focus on habitat restoration and
enhancement where actions can benefit specific ecosystems and migratory
birds dependent upon them; and (3) recognize that actions taken to
benefit some migratory bird populations may adversely affect other
migratory bird populations.
The DoD mission is to provide for the Nation's defense. DoD's
conservation program works to ensure continued access to land, air, and
water resources for realistic military training and testing while
ensuring that the natural and cultural resources entrusted to DoD's
care are sustained in a healthy condition.
The DoD is an active participant in international bird conservation
partnerships including Partners in Flight (PIF) and the North American
Bird Conservation Initiative (NABCI). Military lands frequently provide
some of the best remaining habitat for migratory bird species of
concern, and DoD plans to continue its leadership role in bird
conservation partnerships.
Through the PIF initiative, DoD works in partnership with numerous
Federal and State agencies and nongovernmental organizations for the
conservation of migratory and resident birds and to enhance migratory
bird survival. Through DoD PIF, a list of species of concern (see
Definitions) has been developed for each Bird Conservation Region where
DoD facilities occur, thus improving DoD's ability to evaluate any
migratory bird conservation concerns on respective DoD lands.
Integrated Natural Resources Management Plans (INRMPs) offer a
coordinated approach for incorporating habitat conservation efforts
into installation management. INRMPs are a significant source of
baseline conservation information and conservation initiatives used
when preparing National Environmental Policy Act (NEPA) documents for
all DoD management activities. This linkage helps to ensure that
appropriate conservation and mitigation measures are identified in NEPA
documents and committed to, when appropriate, in final decision
documents.
The DoD PIF program provides a framework for incorporating
landbird, shorebird and waterbird habitat management efforts into
INRMPs. DoD's strategy focuses on inventorying and long-term monitoring
to determine changes in migratory bird populations on DoD
installations. Effective on-the-ground management may then be applied
to those areas identified as having the highest conservation value.
DoD's PIF goal is to support the military's training and testing
mission while being a vital and supportive partner in regional,
national, and international bird conservation initiatives. DoD strives
to implement cooperative projects and programs on military lands to
benefit the health and well-being of birds and their habitats, whenever
possible.
The Department of Defense implements bird inventories and
monitoring programs in numerous ways including Monitoring Avian
Productivity and Survivorship (MAPS) and Next Generation Radar (NEXRAD)
for studying bird movements in the atmosphere. DoD also maintains an
integrated pest management (IPM) program designed to reduce the use of
pesticides to the minimum necessary.
The mission of the FWS is to work with others to conserve, protect,
manage, and enhance fish, wildlife, plants, and their habitats for the
continuing benefit of the American people. The FWS is legally mandated
to implement the provisions of the Migratory Bird Treaty Act (MBTA),
which include responsibilities for population management (e.g.,
monitoring), habitat protection (e.g., acquisition, enhancement, and
modification), international coordination, and regulation development
and enforcement. The FWS also promotes migratory bird conservation
through its coordination and consultation efforts with other entities.
Many FWS programs are involved in bird conservation activities,
including:
1. The Division of Migratory Bird Management and Regional Migratory
Birds and Habitat Programs serve as focal points in the United States
for policy development and strategic planning, developing and
implementing monitoring and management initiatives that help maintain
healthy populations of migratory birds and their habitat, and providing
continued opportunities for citizens to enjoy bird-related recreation.
2. The Division of Bird Habitat Conservation is instrumental in
supporting habitat conservation partnerships through the administration
of bird conservation grant programs and development of Joint Ventures
that serve as major vehicles for implementing the various bird
conservation plans across the country.
3. Ecological Services Field Offices across the country serve as
the primary contacts for environmental reviews that include, when
requested, projects developed by local military installations and DoD
regional offices involving
[[Page 51582]]
migratory bird issues. The Field Offices coordinate with the Regional
Migratory Bird Offices, as necessary, during these reviews regarding
permits and overall migratory bird conservation coordination for DoD
activities.
4. The Office of Law Enforcement is the principal FWS program that
enforces the legal provisions of the MBTA.
The Parties agree this MOU shall be implemented to the extent
permitted by law and in harmony with agency missions, subject to the
availability of appropriations and budgetary limits.
D. Responsibilities
1. Each Party shall:
a. Emphasize an interdisciplinary, collaborative approach to
migratory bird conservation in cooperation with other governments,
State and Federal agencies, and non-Federal partners within the
geographic framework of the NABCI Bird Conservation Regions
b. Strive to protect, restore, enhance, and manage habitat of
migratory birds, and prevent or minimize the loss or degradation of
habitats on DoD-managed lands, by:
(1) Identifying and avoiding management actions that have the
potential to adversely affect migratory bird populations, including
breeding, migration, or wintering habitats; and by developing and
implementing, as appropriate, conservation measures that would avoid or
minimize the take of migratory birds or enhance the quality of the
habitat used by migratory birds.;
(2) Working with partners to identify, conserve, and manage
Important Bird Areas, Western Hemisphere Shorebird Reserve Network
sites, and other significant bird conservation sites that occur on DoD-
managed lands;
(3) Preventing or abating the pollution or detrimental alteration
of the habitats used by migratory birds;
(4) Developing and integrating information on migratory birds and
their habitats into outreach and education materials and activities;
and
(5) Controlling the introduction, establishment, and spread of non-
native plants or animals that may be harmful to migratory bird
populations, as required by Executive Order 13112 on Invasive Species.
c. Work with willing landowners to prevent or minimize the loss or
degradation of migratory bird habitats on lands adjacent or near
military installation boundaries. This cooperative conservation may
include:
(1) Participating in efforts to identify, protect, and conserve
important migratory bird habitats or other significant bird
conservation sites and ecological conditions that occur in landscapes
or watersheds that may be affected by activities on DoD lands;
(2) Developing and integrating information on migratory bird
resources found on DoD lands into other partners' outreach and
education materials and activities; and
(3) Using available authorities to enter into agreements with other
Federal agencies, States, other governmental entities, and private
conservation organizations to conserve and enhance habitat in a
compatible manner so military operations are not restricted.
d. Promote collaborative projects such as:
(1) Developing or using existing inventory and monitoring programs,
at appropriate scales, with national or regional standardized
protocols, to assess the status and trends of bird populations and
habitats, including migrating, breeding, and wintering birds;
(2) Designing management studies and research projects using
national or regional standardized protocols and programs, such as MAPS
to identify the habitat conditions needed by applicable species of
concern, to understand interrelationships of co-existing species, and
to evaluate the effects of management activities on habitats and
populations of migratory birds;
(3) Sharing inventory, monitoring, research, and study data for
breeding, migrating, and wintering bird populations and habitats in a
timely fashion with national data repositories such as Breeding Bird
Research and Monitoring Database (BBIRD), National Point Count
Database, National Biological Information Infrastructure, and MAPS;
(4) Working in conjunction with each other and other Federal and
State agencies to develop reasonable and effective conservation
measures for actions that affect migratory birds and their natural
habitats;
(5) Participating in or promoting the implementation of existing
regional or national inventory and monitoring programs such as Breeding
Bird Survey (BBS), BBIRD, Christmas Bird Counts, bird atlas projects,
or game bird surveys (e.g., mid-winter waterfowl surveys) on DoD lands
where practicable and feasible.
(6) Using existing partnerships and exploring opportunities for
expanding and creating new partnerships to facilitate combined funding
for inventory, monitoring, management studies, and research.
e. Provide training opportunities to DoD natural resources
personnel on migratory bird issues, to include bird population and
habitat inventorying, monitoring methods, and management practices that
avert detrimental effects and promote beneficial approaches to
migratory bird conservation.
f. Participate in the Interagency Council for the Conservation of
Migratory Birds to evaluate implementation of this MOU.
g. Promote migratory bird conservation internationally, as it
relates to wintering, breeding and migration habitats of birds that
breed on DoD lands.
h. Promote and undertake ecologically sound actions to curb the
introduction in the wild of exotic or invasive species harmful to
migratory birds.
2. The Department of Defense shall:
a. Follow all migratory bird permitting requirements for non-
military readiness activities that are subject to 50 CFR Parts 21.22
(banding or marking), 21.23 (scientific collecting), 21.26 (special
Canada goose permit), 21.27 (special purposes), or 21.41 (depredation).
No permit is required to take birds in accordance with Parts 21.43-
21.47 (depredation orders).
b. Encourage incorporation of comprehensive migratory bird
management objectives in the preparation of DoD planning documents,
including Integrated Natural Resource Management Plans, Pest Management
Plans, Installation Master Plans, NEPA analyses, and non-military
readiness elements of Bird Aircraft Strike Hazard documents.
Comprehensive planning efforts for migratory birds include PIF Bird
Conservation Plans, the North American Waterfowl Management Plan, U.S.
Shorebird Conservation Plan, and North American Waterbird Conservation
Plan and associated regional plans where available.
c. Incorporate conservation measures addressed in Regional or State
Bird Conservation Plans in INRMPs.
d. Consistent with imperatives of safety and security, allow the
FWS and other partners reasonable access to military lands for
conducting sampling or survey programs such as MAPS, BBS, BBIRD,
International Shorebird Survey, and breeding bird atlases.
e. Prior to starting any activity that is likely to affect
populations of migratory birds:
(1) Identify the migratory bird species likely to occur in the area
of the proposed action and determine if any species of concern could be
affected by the activity;
(2) Assess and document, through the project planning process,
using NEPA when applicable, the effect of the proposed action on
species of concern.
[[Page 51583]]
Use best available demographic, population, or habitat association data
in the assessment of effects upon species of concern;
(3) Engage in early planning and scoping with the FWS relative to
potential impacts of a proposed action, to proactively address
migratory bird conservation, and to initiate appropriate actions to
avoid or minimize the take of migratory birds.
f. Manage military lands and non-military readiness activities in a
manner that supports migratory bird conservation, giving consideration
to the following factors:
(1) Habitat protection, restoration, and enhancement. Military
lands contain many important habitats for migratory birds. Some unique,
sensitive, endangered and/or declining habitat types that may require
special management attention include:
(a) Grasslands. Many native grassland communities require intensive
management to maintain and restore vigor and species diversity and to
provide habitat for migratory birds and other wildlife dependent on
native grasslands. Grassland management and restoration tools include
controlled burning, mowing, grazing, native species planting, and
exotic plant removal. Many grasslands have evolved with a natural fire
regime, and the management activities often emulate this fire regime.
(b) Riparian and wetland habitats. Military lands contain riparian
and wetland habitats that may be critical for migratory birds. DoD will
strive to prevent the destruction or degradation of wetlands and
riparian vegetation, and also restore those habitats, when feasible,
where they have been degraded.
(c) Coastal beach, salt marsh, and dune habitats. Military lands
support some of the best remaining undisturbed coastal habitats. DoD
will strive to protect, restore and prevent the destruction of coastal
and island habitats that are important to breeding, migrating and
wintering shorebirds, salt marsh land birds and colonial water birds.
(d) Longleaf pine ecosystem. Some of the best remaining examples of
the longleaf pine ecosystem occur on military lands. Such habitats
benefit from prescribed fire and other management measures which DoD
regularly implements on thousands of acres in the Southeast. The DoD
manages and will continue to manage this ecosystem to benefit and
promote migratory bird conservation.
(2) Fire and fuels management practices. Fire plays an important
role in shaping plant and animal communities and is a valuable tool in
restoring habitats altered by decades of fire suppression. Fire
management may include fire suppression, but also involves fire
prevention and fuels treatment, including prescribed burning and
monitoring, to protect communities and provide for healthy ecosystems.
Fire management planning efforts will consider the effects of fire
management strategies on the conservation of migratory bird
populations.
(3) Invasive Species and Aquatic Nuisance Species management
practices. Invasive Species and Aquatic Nuisance Species are a threat
to native habitats and wildlife species throughout the United States,
including military lands. Efforts to control/contain these species must
take into account both the impacts from invasive species and the
effects of the control efforts on migratory bird populations. Invasive
Species and Aquatic Nuisance Species that can threaten migratory birds
and their habitats include, but are not limited to, exotic grasses,
trees and weeds, terrestrial and aquatic insects and organisms, non-
native birds, and stray and feral cats.
(4) Communications towers, utilities and energy development.
Increased communications demands, changes in technology and the
development of alternative energy sources result in impacts on
migratory birds. DoD will review wind turbine and powerline guidelines
published by FWS and the Avian Power Line Interaction Committee,
respectively, and consult with FWS as needed, in considering potential
effects on migratory birds of proposals for locating communications
towers, powerlines or wind turbines on military lands. Construction of
new utility and energy systems and associated infrastructure should be
designed to avoid and minimize impacts on migratory bird populations.
Existing utilities may also be considered for retrofitting to reduce
impacts.
(5) Recreation and public use. The demand for outdoor recreational
opportunities on public lands is increasing. Impacts on migratory birds
may occur both through direct and indirect disturbances by visitors and
through agency activities associated with providing recreational
opportunities to visitors and installation personnel and morale
facilities (e.g., facilities construction). DoD provides access to
military lands for recreation and other public use, such as Watchable
Wildlife and bird watching, where such access does not compromise
security and safety concerns or impact migratory birds, other species,
or their habitats.
Many conservation measures have been developed to benefit a variety
of migratory bird species and their associated habitats. Some of these
conservation measures may be directly applicable to DoD non-military
readiness related activities; however, the appropriateness and
practicality of implementing any specific conservation measure may have
to be determined on a case-by-case basis. The FWS will work
cooperatively with DoD in providing existing conservation measures and
developing new ones as needed. Examples of some conservation measures
may be found at http://www.partnersinflight.org/pubs/BMPs.htm for
landbird species.
g. Develop and implement new and/or existing inventory and
monitoring programs, at appropriate scales, using national standardized
protocols, to evaluate the effectiveness of conservation measures to
minimize or mitigate take of migratory birds, with emphasis on those
actions that have the potential to significantly impact species of
concern.
h. Advise the public of the availability of this MOU through a
notice published in the Federal Register.
i. In accordance with DoD INRMP guidance, promote timely and
effective review of INRMPs with respect to migratory bird issues with
the FWS and respective state agencies. During the INRMP review process,
evaluate and coordinate with FWS on any potential revisions to
migratory bird conservation measures taken to avoid or minimize take of
migratory birds.
3. The Fish and Wildlife Service shall:
a. Work with DoD by providing recommendations to minimize adverse
effects upon migratory birds from DoD actions.
b. Through the Division of Migratory Bird Management, maintain a
Web page on permits that provides links to all offices responsible for
issuing permits and permit application forms for take of migratory
birds.
c. Provide essential background information to the DoD when
requested to ensure sound management decisions. This may include
migratory bird distributions, status, key habitats, conservation
guidelines, and risk factors within each BCR. This includes updating
the FWS publication of Birds of Conservation Concern at regular
intervals so it can be reliably referenced.
d. Work to identify special migratory bird habitats (i.e.,
migration corridors, stop-over habitats, ecological conditions
important in nesting habitats) to aid in collaborative planning.
e. Through the Ecological Service Field Office, provide to DoD,
upon
[[Page 51584]]
request, technical assistance on migratory bird species and their
habitats.
f. In accordance with FWS Guidelines for Coordination with DoD and
Implementation of the 1997 Sikes Act (2005), work cooperatively with
DoD in the development, review and revision of INRMPs.
g. Review and comment on NEPA documents and other planning
documents forwarded by military installations.
E. It Is Mutually Agreed and Understood That
1. This MOU will not change or alter requirements associated with
the MBTA, Endangered Species Act, NEPA, Sikes Act or other statutes or
legal authority.
2. The responsibilities established by this MOU may be incorporated
into existing DoD actions; however, DoD may not be able to implement
some responsibilities identified in the MOU until DoD has successfully
included them in formal planning processes. This MOU is intended to be
implemented when new actions are initiated as well as during the
initiation of new, or revisions to, INRMPs, Pest Management Plans, and
non-military readiness elements of Bird Aircraft Strike Hazard plans.
It does not apply to ongoing DoD actions for which a NEPA decision
document was finalized prior to, or within 180 days of the date this
MOU is signed.
3. This MOU in no way restricts either Party from participating in
similar activities with other public or private agencies, governments,
organizations, or individuals.
4. An elevation process to resolve any dispute between the Parties
regarding a particular practice or activity is in place and consists of
first attempting to resolve the dispute with the DoD military
installation and the responsible Ecological Services Field Office. If
there is no resolution at this level, either Party may elevate the
issue to the appropriate officials at the applicable Military Service's
Chain of Command and FWS Regional Offices. In the event that there is
no resolution by these offices, the dispute may be elevated by either
Party to the headquarters office of each agency.
5. This MOU is neither a fiscal nor a funds obligation document.
Any endeavor involving reimbursement, contribution of funds, or
transfer of anything of value between the Parties will be handled in
accordance with applicable laws, regulations, and procedures, including
those for government procurement and printing. Such endeavors will be
outlined in separate agreements that shall be made in writing by
representatives of the Parties and shall be independently authorized by
appropriate statutory authority.
6. The Parties shall schedule periodic meetings to review progress
and identify opportunities for advancing the principles of this MOU.
7. This MOU is intended to improve the internal management of the
executive branch and does not create any right or benefit, substantive
or procedural, separately enforceable at law or equity by a party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
8. Modifications to the scope of this MOU shall be made by mutual
consent of the Parties, through issuance of a written modification,
signed and dated by both Parties, prior to any changes.
9. Either Party may terminate this instrument, in whole or in part,
at any time before the date of expiration by providing the other Party
with a written statement to that effect.
The principal contacts for this instrument are as follows:
Brian Millsap, Chief, Division of Migratory Bird Management, U.S. Fish
and Wildlife Service, 4401 N. Fairfax Drive, MS4107, Arlington, VA
22203.
L. Peter Boice, Conservation Team, Leader, Office of the Secretary of
Defense, 1225 S. Clark St., Suite 1500, Arlington, VA 22202-4336.
This MOU is executed as of the last date signed below and expires
no later than five (5) years thereafter, at which time it is subject to
review and renewal, or expiration.
F. Definitions
Action--a program, activity, project, official policy, rule,
regulation or formal plan directly carried out by DoD, but not a
military readiness activity.
Breeding Biology Research and Monitoring Database (BBIRD)--
national, cooperative program that uses standardized field
methodologies for studies of nesting success and habitat requirements
of breeding birds (http://pica.wru.umt.edu/BBIRD/).
Breeding Bird Survey (BBS)--a standardized international survey
that provides information on population trends of breeding birds,
through volunteer observations located along randomly selected roadside
routes in the United States, Canada and Mexico (http://www.mbr-pwrc.usgs.gov/bbs/bbs.html
).
Bird Conservation Region--a geographic unit used to facilitate bird
conservation actions under the North American Bird Conservation
Initiative (http://www.manomet.org/USSCP/bcrmaps.html).
Birds of Conservation Concern--published by the FWS Division of
Migratory Bird Management, refers to the list of migratory and non-
migratory birds of the United States and its territories that are of
conservation concern. The current version of the list Birds of
Conservation Concern 2002 is available at (http://migratorybirds.fws.gov/reports/bcc2002.pdf
).
Comprehensive Planning Efforts for Migratory Birds--includes
Partners in Flight, North American Waterfowl Management Plan, U.S.
Shorebird Conservation Plan, Western Hemisphere Shorebird Reserve
Network, North American Waterbird Conservation Plan, and other planning
efforts integrated through the North American Bird Conservation
Initiative.
Conservation Measure--an action undertaken to improve the
conservation status of one or more species of migratory birds. Examples
include surveys and inventories, monitoring, status assessments, land
acquisition or protection, habitat restoration, population
manipulation, research, and outreach.
Conservation Planning--strategic and tactical planning of agency
activities for the long-term conservation of migratory birds and their
habitats.
Council for the Conservation of Migratory Birds--an interagency
council established by the Secretary of the Interior to oversee the
implementation of Executive Order 13186.
Ecological Condition--the composition, structure, and processes of
ecosystems over time and space. This includes the diversity of plant
and animal communities, the productive capacity of ecological systems
and species diversity, ecosystem diversity, disturbance processes, soil
productivity, water quality and quantity, and air quality. Often
referred to in terms of ecosystem health, which is the degree to which
ecological factors and their interactions are reasonably complete and
functioning for continued resilience, productivity, and renewal of the
ecosystem.
Effect (adverse or beneficial)--``effects'' and ``impacts,'' as
used in this MOU are synonymous. Effects may be direct, indirect, or
cumulative, and refer to effects from management actions or categories
of management actions on migratory bird populations, habitats,
ecological conditions and/or significant bird conservation sites.
[[Page 51585]]
Important Bird Areas (IBAs)--a network of sites that provide
essential habitat for the long-term conservation of birds. In the
United States, the IBA network is administered by the American Bird
Conservancy and the National Audubon Society. (http://www.audubon.org/nird/iba/
)
Integrated Natural Resources Management Plan (INRMP)--an integrated
plan based, to the maximum extent practicable, on ecosystem management
that shows the interrelationships of individual components of natural
resources management (e.g., fish and wildlife, forestry, land
management, outdoor recreation) to military mission requirements and
other land use activities affecting an installation's natural
resources. INRMPs are required for all DoD installations with
significant natural resources, pursuant to the Sikes Act Improvement
Act.
International Shorebird Survey--a monitoring program started in
1974 to survey shorebirds (sandpipers, plovers, etc.) across the
Western Hemisphere. (http://www.manomet.org/programs/shorebirds).
Management Action--an activity by a government agency that could
cause a positive or negative impact on migratory bird populations or
habitats. Conservation measures to mitigate potential negative effects
of actions may be required.
Migratory Bird--any bird listed in 50 CFR 10.13, Code of Federal
Regulations.
Military Readiness Activity--all training and operations of the
Armed Forces that relate to combat, including but not limited to the
adequate and realistic testing of military equipment, vehicles, weapons
and sensors for proper operation and suitability for combat use.
Monitoring Avian Productivity and Survivorship (MAPS)--a program
that uses the banding of birds during the breeding season to track the
changes and patterns in the number of young produced and the
survivorship of adults and young (http://www.birdpop.org/maps.htm).
National Environmental Policy Act (NEPA)--a Federal statute that
requires Federal agencies to prepare a detailed analysis of the
environmental impacts of a proposed action and alternatives, and to
include public involvement in the decision making process for major
Federal actions significantly affecting the quality of the human
environment 42 U.S.C. 4321, et seq.
North American Bird Conservation Initiative (NABCI)--an initiative
to align the avian conservation community to implement bird
conservation through regionally-based, biologically driven, landscape-
oriented partnerships across the North American continent. NABCI
includes Federal agencies of Canada, Mexico and the United States, as
well as most landbird, shorebird, waterbird, and waterfowl conservation
initiatives (http://www.nabci-us.org).
North American Waterbird Conservation Plan--a partnership of
Federal and State government agencies, non-governmental organizations,
and private interests focusing on the conservation of waterbirds,
primarily including marshbirds and inland, coastal, and pelagic
colonial waterbirds (http://www.nacwcp.org/pubs/). The vision of the
partnership is that the distribution, diversity and abundance of
populations and breeding, migratory, and nonbreeding waterbirds are
sustained throughout the lands and waters of North America, Central
America, and the Caribbean.
North American Waterfowl Management Plan--a partnership of Federal
and State agencies, non-governmental organizations, and private
interests focusing on the restoration of waterfowl populations through
habitat restoration, protection, and enhancement (http://birdhabitat.fws.gov/NAWMP/nawmphp.htm
).
Partners in Flight (PIF)--a cooperative partnership program of more
than 300 partners including Federal and State government agencies, non-
governmental organizations, conservation groups, foundations,
universities and industry focusing on the conservation of landbirds.
DoD was an original signatory to the PIF Federal Agencies' MOA. (http://www.partnersinflight.org and http://www.dodpif.org).
Species of Concern--refers to those species listed in the periodic
report Birds of Conservation Concern; priority migratory bird species
documented in the comprehensive bird conservation plans (North American
Waterbird Conservation Plan, U.S. Shorebird Conservation Plan, Partners
in Flight Bird Conservation Plans); species or populations of waterfowl
identified as high, or moderately high, continental priority in the
North American Waterfowl Management Plan; listed threatened and
endangered bird species in 50 CFR 17.11; and MBTA listed game birds
below desired population sizes.
Take--as defined in 50 CFR 10.12, to include pursue, hunt, shoot,
wound, kill, trap, capture, collect, or to attempt to pursue, hunt,
shoot, wound, kill, trap, capture, or collect.
U.S. Shorebird Conservation Plan--an effort undertaken by a
partnership of Federal and State government agencies, as well as non-
governmental and private organizations to ensure that stable and self-
sustaining populations of all shorebird species are restored and
protected (http://www.fws.gov/shorebird).
The Parties hereto have executed this agreement as of the date
shown below.
Signed: July 7, 2006.
H. Dale Hall,
Director, U.S. Fish and Wildlife Service.
Signed: July 31, 2006.
Alex Albert Beehler,
Assistant Deputy Under Secretary of Defense (Environment, Safety and
Occupational Health), U.S. Department of Defense.
[FR Doc. E6-14352 Filed 8-29-06; 8:45 am]
BILLING CODE 5001-06-P