The Ornithological Council releases updated Import Guide

The Ornithological Council has released an updated version of A Guide to the Processes and Procedures for Importing Bird Products into the United State for Scientific Research and Display. This extensive guide, which was thoroughly updated this year, provides a step-by-step guide for ornithologists importing birds or bird products into the U.S. for research and display, including template documents and checklists to follow.

The Import Guide is available to download for free from the Ornithological Council’s website at BIRDNET.org, as a service to the ornithological community.

It contains sections on the import permitting requirements of the U.S. Fish and Wildlife Service, USDA APHIS, and the Centers for Disease Control, as well as information about planning your travel and how to ship your specimen. It leads the ornithologist through the entire process, from paperwork to port and beyond. In addition to the hard-and-fast rules and requirements, this guide also offers best practices and helpful hints.

The guide will be updated regularly as agency permitting requirements change, keeping ornithologists in compliance with the many laws and regulations governing the import of bird products. If you have any questions after reading the Import Guide or find areas that require further clarification, please contact Laura Bies (laurabiesoc@gmail.com), Executive Director of the Ornithological Council

About the Ornithological Council

The Ornithological Council is a consortium of 10 scientific societies of ornithologists; these societies span the Western Hemisphere and the research conducted by their members spans the globe. Their cumulative expertise comprises the knowledge that is fundamental and essential to science-based bird conservation and management.  The Ornithological Council is financially supported by our ten member societies and the individual ornithologists who value our work. If the OC’s resources are valuable to you, please consider joining one of our member societies or donating to the OC directly. Thank you for your support!

Proposed policy will limit OC services to members

The Ornithological Council (OC) has provided the ornithological community with individualized expert advice regarding permitting and animal welfare issues for more than 25 years. However, due to financial constraints imposed by a change in society membership in the OC, the OC Board is considering adopting a new policy that would restrict the assistance of the OC staff on permitting and animal welfare issues to only those individuals who are members of the 10 societies that make up the OC. This change is due to the withdrawal of financial support by the American Ornithological Society as of July 1, 2020.

Almost all funding for the Ornithological Council’s activities come from its member societies, with some coming from individual donors. The Ornithological Council (OC) was founded in 1992 as a non-profit organization by the American Ornithologists’ Union, Association of Field Ornithologists, Cooper Ornithological Society, Pacific Seabird Group, Raptor Research Foundation, Waterbird Society, and Wilson Ornithological Society. The Society for the Conservation and Study of Caribbean Birds (now BirdsCaribbean), Seccíon Mexicana del Consejo Internacional para la Preservacíon de las Aves (CIPAMEX), the Society of Canadian Ornithologists/Société des Ornithologistes du Canada, the Neotropical Ornithological Society, and the North American Crane Working Group have joined in recent years. The American Ornithologists’ Union and the Cooper Ornithological Society merged to form the American Ornithological Society in 2018 and then withdrew from the OC effective 1 July 2020.

With the recent change in the OC’s funding, the organization’s resources are extremely strained. The Executive Director position has moved from a full-time to a half-time position and the OC Board is forced to consider this change in policy. Under the new policy, the OC staff would only be able to offer individualized, expert advice on permitting and animal welfare issues to individuals who are members of one of the OC member societies. This will allow the OC to continue to provide resources and services for the ornithologists who support the professional societies who in turn support the OC. Advice will be provided to individuals who are not members of an OC society only in cases of demonstrated financial hardship.

We realize that many members of the ornithological community are members of just the American Ornithological Society and not other OC member societies, and therefore they will not be eligible for assistance from the OC. While the OC offers valuable resources to the ornithological community as a whole and to the public for free, making all services free without restriction is not sustainable.

If this proposed change in policy means that you will no longer be able to take advantage of the OC’s expertise and you feel this will be a detriment to you professionally, please consider reaching out to AOS directly and explaining the value of the OC to you and the ornithological community. You might also consider becoming a member of an OC member society.

OC Submits Comments on MBTA draft EIS

The Ornithological Council submitted comments on the U.S. Fish and Wildlife Service regarding the draft Environmental Impact Statement that the Service prepared to analyze the effects of their proposal to no longer enforce the Migratory Bird Treaty Act in cases of incidental take.  Our comments conclude that the draft EIS is simply insufficient to assess the potential effects of the proposal.

The EIS itself is relatively brief – only 69 pages, as opposed to the government average 586 pages. The analysis of the effects on migratory birds is only a few paragraphs.  Understanding the effect of no longer prohibiting incidental take under the MBTA is obviously a huge task, requiring information about all the species protected under the Act. What the Service prepared comes no where close to achieving this. In its comments the OC recommended that the Service abandon this planning effort and begin again with a new document that is subject to peer review and which includes a path forward that involves best practices to prevent incidental take and cooperation between the Service and industry.

BACKGROUND: Until this administration, the Migratory Bird Treaty Act was interpreted to cover both intentional and unintentional take (harm or killing) of species covered by the Act. The USFWS under this administration developed a policy known as an M-Opinion, which is internal agency policy, stating that the law does not prohibit incidental take of migratory bird species protected under the Act. In January, it released a regulatory proposal to codify that interpretation and in June it released the draft EIS for public comment.

OC Bimonthly NewsBRIEF May-June 2020

The Ornithological Council is pleased to provide this bimonthly report covering activities from May – June 2020.
The Ornithological Council seeks to
  • Ensure that the best ornithological science is incorporated into legislative, regulatory, and management decisions that affect birds;
  • Enhance the ability of ornithologists to pursue professional activities; and
  • Promote the influence of ornithology in public affairs.
Our work focuses on animal welfare issues, permits, research funding, and other policies that affect ornithologists and ornithological societies. We greatly appreciate your support.
 
In this time period, the Ornithological Council:
  1. Affected a staff transition. Ellen Paul, who served as the Ornithological Council’s Executive Director for over twenty years, left the organization at the end of May. We thank Ellen for her tireless work on behalf of ornithologists. Laura Bies, previously the director of government affairs at The Wildlife Society and a freelance conservation policy analyst, joined OC’s staff as the new Executive Director.
  1. Posted on information on Ornithology Exchange regarding the U.S. Fish and Wildlife Service’s Draft Environmental Impact Statement for their proposal to exclude incidental take from the jurisdiction of the Migratory Bird Treaty Act, the upcoming regulations from the U.S. Department of Agriculture on animal welfare as it pertains to birds, the adoption by AAALAC of the AVMA’s Euthanasia Guidelines, and USPS’s decisions to no longer accept hand written customs forms. 
  1. Draft comments regarding the Draft Environmental Impact Statement for the U.S. Fish and Wildlife Service regulatory proposal to exclude incidental take from the jurisdiction of the Migratory Bird Treaty Act.  
  1. Prepared annual reports for three member societies — the Pacific Seabird Group, the Wilson Ornithological Society and the Association of Field Ornithologists — reporting on the OC’s activities for the preceding year. 
  1. Prepared a major revision of the Guide to the Permits and Procedures for Importing Bird Products into the U.S. for Scientific Research and Display. 
  1. Assisted two individuals with permit questions and one with a question about professional society participation. 

OC bimonthly newsBRIEF June-July 2018

The Ornithological Council is pleased to provide this bimonthly report covering activities from June-July 2018.

The Ornithological Council seeks to:

  • Ensure that the best ornithological science is incorporated into legislative, regulatory, and management decisions that affect birds;
  • Enhance the ability of ornithologists to pursue professional activities; and
  • Promote the influence of ornithology in public affairs.

Our work focuses on animal welfare issues, permits, research funding, and other policies that affect ornithologists and ornithological societies.

Please contact our Executive Director with questions or concerns about this report or about any other matter of concern to your society or your society’s members.

In this time period, the Ornithological Council:

  1. Submitted a second set of comments to the Office of Laboratory Animal Welfare of the National Institutes of Health pertaining to the potential reform of animal welfare laws, as mandated by the 21st Century Cures Act. These comments focused on specific changes that the animal welfare agencies (OLAW and the Animal Care program of the USDA Animal and Plant Health Inspection Service) are considering. As before, the OC focused on burdens to the researcher (as opposed to the institution) and the use of these policies to better animal welfare. The OC comments supported the idea of continuing review using risk-based methodology (a logical extension of the standard operating procedure concept); harmonizing guidance issued by the two agencies; streamlining the guidance; refraining from regulating via guidance (which actually violates the law!); expanding the scope of guidance documents to include the taxon-based materials such as Guidelines to the Use of Wild Birds in Research: much more extensive opportunity for stakeholder input into guidance documents.
  2. Pursued discussion with the USFWS Division of Migratory Bird Management about many long-standing permit policy and procedures problems. Met with Eric Kershner (Branch Chief for the Branch of Conservation, Permits, and Policy) and Ken Richkus (Deputy Division Chief and Acting Division Chief since Brad Bortner retired). For the first time in many years, we are hopeful that our persistent efforts are about to bear fruit!  Key among these changes underway: an upcoming online permit application and reporting system (!) that may be completed as soon as February 2019, extending permit duration, and completing long-pending standard operating procedure manuals and the scientific collecting policy (which has been in draft since 1995).
  3. Met with Aurelia Skipwith, the Department of the Interior Deputy Assistant Secretary (and acting Assistant Secretary) for Fish, Wildlife, and Parks to urge DOI support for the efforts of the USFWS Division of Migratory Bird Management, including funding for the online permit application and reporting system, staffing, and efforts to reform and streamline permit procedures. During that meeting, OC also informed Ms. Skipwith of the decades of effort by OC and others to reach an agreement with the National Park Service (NPS)  regarding the ownership of specimens collected on NPS land. This problem was on the brink of resolution via a “permanent custody” agreement. The NPS was planning a press conference and a pilot project comprising five museums but then suddenly and without explanation reversed course and and left things to stand in the same unsatisfactory situation that had been problematic for biology collections for at least 30 years. At the same time, the OC asked Ms. Skipwith to look into the petition filed by the OC in 2014 to suspend or revoke the CITES “validation” requirement, which has proved unworkable and has the potential to result in the loss of valuable imported research material.
  4. Submitted a request to USDA regulatory reform initiative to increase import permit duration to three years. The only reason for the one-year duration is the need for the fees generated by import applications. The OC explained that extending the permit duration would decrease the agency workload and decrease burden on the stakeholders.
  5. Spearheaded an effort to bring attention to serious resource limitations at the USGS Bird Banding Lab. The OC learned that there is a real possibility that the BBL will not have funding for its current data management software, much less funding for a much-needed upgrade. Loss of the data management system would almost certainly force a shut-down of the banding program, with dire consequences for ornithological research. The OC also learned that the BBL is in need of permission from the Department of the Interior to move forward to fill four approved positions. The OC shared this information with  other organizations -including Ducks Unlimited, the Flyway Councils, the Wildlife Society, and bird observatories – and proposed a sign-on letter to Timothy Petty, Ph.D (DOI Assistant Secretary for Water and Science), but due to the urgency of the situation (department budgets will be submitted to the White House Office of Management and Budget on Sept. 10), chose instead to send its own letter and encourage the other organizations to do likewise. To date, the Atlantic Flyway Council, twelve bird observatories, and one independent research institution have sent letters. The OC is attempting to arrange for an in-person meeting with Dr. Petty.
  6. OC is working on a side-by-side-by-side analysis of the new California scientific collecting permit regulation, comparing it to the proposed regulation and with OC requests and suggestions (prepared with the input of numerous ornithologists and research organizations in California); fielded questions from ornithologists, submitted follow-up questions to the agency, and  updated the California permits information on the BIRDNET permits page
  7. Completed the year-end financial analysis and completed the annual 990 tax returns.
  8. Worked with Jeff Stratford, the new chair of the conservation committee of the Wilson Ornithological Society, on options and strategies for that society’s conservation efforts.
  9. Attended the joint meeting of the Association of Field Ornithologists and the Wilson Ornithological Society.
  10. In anticipation of a resolution (or at least a temporary resolution) of the import problems resulting from the implementation of the “ACE” declaration system by Customs and Border Protection (CBP), OC has resumed efforts to update the import manual for scientific specimens and samples. In the meantime, OC has continued to act as a liaison between the research community and the CBP with regard to specific problems that occur.
  11. Investigated a report by the Government Accountability Office pertaining to animal welfare regulations as those regulations pertain to federal agencies. The report is of concern because it addressed the issue of the “field studies” exemption and the long-pending regulations pertaining to birds. The GAO is one of the most highly respected of government agencies but they have no expertise in these issues and no understanding of how difficult, if not impossible, it would be to issue guidance on field studies. The Animal Care program of APHIS, which also lacks such expertise, seems to be continuing its efforts to do just that, and again, with essentially no input from experts.
  12. Circulated the research papers by Joanne Paul-Murphy, Ph.D (supported by the American Ornithological Society) and Andy Engilis (published in the Condor) pertaining to rapid cardiac compression. We explained that these papers should suffice as “scientific justification” to approve a departure (for research funded by NIH, NSF, and certain other federal agencies) until the AVMA changes the classification (at that point, it would no longer be a departure) or, if the AVMA opts not to change the classification, then to continue approving departures.This information was sent to the IACUC-Administrator’s listserve, the Scientists’ Center for Animal Welfare, PRIM&R (a leading research ethics organization), AAAALAC International (a private accreditation organization), the Association of Avian Veterinarians, and the American Association of Wildlife Veterinarians.

Assistance with permits

Assisted 10 individuals with permit issues this month. Names are provided in reports to society leadership.