Date: May 13, 1999

To: Chief, Bird Banding Laboratory

From: Chief, Monitoring Program, USGS Patuxent Wildlife Research Center

Subject: Decisions of the Implementation Team Based on Reports from the Recapture/Resighting and Permit Policies and Procedures Task Forces

The Implementation Team met at Arlington Square on January 14, 1999, to consider recommendations I made in a November 19, 1998, memorandum, based on the reports of the BBL Task Forces on Recapture/Resighting and on Permit Policies and Procedures. The Team commended each of the task forces on their good work and considered all the recommendations thoroughly. There was unanimity of opinion on two general issues that cross-cut a number of the specific recommendations: (1) the need for fewer and simpler procedures in the permitting process; and (2) the need for maximum objectivity in all decision-making that impinges upon banding clients. The Team also stressed the importance of allowing opportunity for comment by the banding public on all discretionary policy recommendations, before they become final.

This memorandum conveys the final decisions of the Implementation Team.

1. RECAPTURES/RESIGHTINGS

   Definitions:

   • Resighting - any visual encounter of a banded bird bearing an auxiliary marker or whose band is readable in the field.
     
   • Recapture  - any live capture of a banded bird, including:
     
     • Repeat recapture at or near the site of banding within two months of banding date.
     • Return recapture at or near the site of banding after an interval greater than two months.
     • Foreign retrap recapture, usually by a different bander, distant from the banding location.

   Decisions of the Implementation Team

   1. Reports of foreign retraps and returns will continue to be processed by BBL and entered into the encounter database (no change in current policy).
      
   2. Data on resightings will be entered into the encounter database only if they can be clearly linked to a unique band number, such as when the band can actually be read remotely or when an auxiliary marker bears a unique code. Such entries will also be reported to the marking project coordinator.
      
   3. Resightings reported to the BBL that are not individually identifiable will be referred to the marking project coordinator.
      
   4. The BBL will begin to support the electronic management of repeat data. The BBL will develop and perfect BandManager software to handle repeat data locally and centralized software to handle such data nationally. Banders will be encouraged to use their local BandManager software rather than submitting it to BBL. All repeat data submitted to BBL by the bander is to be pre-edited in the appropriate electronic medium and should not include more frequent repeats than required for the study.

      BBL is to beta-test central handling of repeat data using short-term, multiple-capture, multiple sites programs such as MAPS or pre-season waterfowl banding. One goal of beta-testing is to find ways to minimize the administrative burden of managing repeat data.

      If it is decided that the administrative burden of handling all repeat data submitted by banders cannot be reduced to a tolerable level, BBL will institute an objective proposal review and decision-making process to determine what studies will be supported by BBL. This proposed review process will include scientific peer review. The written policy is to be submitted to the Implementation Team for approval.
      

   5. In all cases of reporting recaptures or resightings by the original bander, banders will be required to pre-edit their data and submit them electronically, using standard software packages to be developed and provided to banders by the BBL. (Resightings or foreign retraps by other than the original banders will be accepted in any format.)
      
   6. Database Management: The how obtained field will continue to be used to identify whether a given record is a recapture or a resighting.
      
   7. Database Management: A new field should be added to the encounter database, that includes the name and address of those reporting encounters, the species reported, and any auxiliary marker information (this should help facilitate resolution of resighting data discrepancies).
      
2. PERMIT POLICIES AND PROCEDURES

   Decisions of the Implementation Team

   1. Roles of the USGS/BRD and the U.S. Fish and Wildlife Service
      
   1. The BBL (USGS/BRD) will retain full responsibility for issue and management (including review, renewal, and revocation) of bird-banding permits, but will consult with a designated individual in FWS/MBMO in advance of any such actions that could have practical implications for the FWS. This liaison function will be codified in the existing agreement between USGS/BRD/PWRC and FWS/MBMO.
      
   2. The FWS, not the BBL, has responsibility for enforcing the Migratory Bird Treaty Act as it relates to the banding of birds. The FWS will maintain full responsibility for issue of Special Use Permits, Collection Permits, Salvage Permits, and Endangered Species Permits.
      
   3. The bird-banding permit will authorize salvage of birds by banders incidental to banding operations. Requirements for management of such salvaged birds will be identical to those of the FWS salvage permit.
      
   4. Roles and responsibilities of the BBL and FWS will be clarified as needed through amendment of 50 CFR language. The BBL and MBMO will collaborate to amend 50CFR within one year.
      
   2. Types of Permittees
      
      1. Definitions:

         Master Bander an individual to whom a banding permit is issued, who is responsible for all banding carried out under the permit, and who may supervise subpermitees.

         Subpermittee an individual authorized to band under the supervision of a master bander, subject to the terms of the master banders permit.

      2. Changes from Previous System

         A streamlined system of master permit holders and subpermit holders will replace the current designations of master permit holders, station permit holders, subpermit holders, student permit holders, and holders of State letters of authorization.

   3. Criteria for Issuing Master Banding Permits
      
      1. Qualifications

         Master banding permit applicants must provide clear evidence of competent banding skills, preferably (but not necessarily) through certification by the North American Bird Banding Council (NABC), a partner organization representing North American ornithological organizations and associations whose members use banding as a tool in their work. The BBL will develop a Memorandum of Understanding with NABC and work with NABC to develop clear qualifications standards for banders. Master banders not certified by NABC must meet or exceed the level of experience required by NABC certification. Applicants seeking a permit strictly for educational purposes must be certified as a Trainer by the NABC.

      2. Purpose

         Master banding permit applications must include a coherent project proposal that describes the purpose and scope of the banding and how these are best accomplished through study of individually marked, wild birds. The purpose section will include an explanation of how the banding will advance avian biology, avian conservation, avian conservation education, or avian management. The scope section will include a definitive list of bird species or species groups that will be banded, the means of capture, the size(s) and types of bands required, a description of auxiliary markers requested and the marking scheme proposed, an estimate of the number of banded birds of each species required for each year of the project, and the time frame necessary to answer the question(s) posed. The permit will be issued only for the banding project specifically described in the proposal.

         To be approved, projects are to have a defined biological, conservation, conservation education, or management objective achievable through the procedures proposed and with the minimal scope necessary to achieve the stated objective.

      3. Conservation Impact

         A master banding permit application must include an evaluation and statement of the potential impact of the project on birds and their populations. For approval, the project proposed must not pose an unusual or unacceptable level of risk to the welfare of the population(s) under study. If desirable, the BBL will consult with the MBMO liaison before making such a determination.

      4. Administrative Burden

         A master banding permit application must include sufficient information to enable the BBL to assess the administrative burden associated with managing the banding project proposed. To be approved, the project proposed should not impose an excessive level of administrative cost on the BBL. In the event of such a determination, the BBL will contact the applicant, explain the concern, and attempt to negotiate a modified proposal that would be administratively cost-effective. The BBL will develop a set of criteria for administrative tolerance and include these as guidelines in the application package.

   4. Subpermittees
      
      1. If specifically authorized on their permit, master banders may issue sub-permits to others to band within the scope of the master banding permit.
         
      2. Subpermittees must meet the same qualifications, project, and conservation impact standards required of master banders, unless specific qualifications standards for subpermittees are established by the NABC and such standards are accepted by the BBL. Master banders authorized to have subpermittees are responsible for conducting any necessary training and assuring that qualifications standards are met. Subpermittees may band without direct supervision if so authorized by the master bander.
         
      3. Birds banded by subpermittees are reported by the master bander on his/her own banding schedules. The master bander bears full responsibility for the accuracy of the subpermittees records.
         
      4. Master banders must report the names of all subpermittees to the BBL as they are designated, along with a project description (including information on qualifications, purpose, conservation impact, and administrative burden), if different from that on which the master banders own permit is based. If approved, the master banders permit will be amended accordingly.
         
      5. If the BBL finds deficiencies in the proposal or the potential subpermittees qualifications, the BBL will promptly notify the master bander of the unacceptability and confer on methods of resolution. The potential subpermittee will not be permitted to band until the proposal is deemed acceptable by the BBL. Master banders are free to communicate authorization to their subpermittees in whatever manner is most convenient for them. However, while engaged in banding, the subpermittee must carry convincing documentation of his/her authorization to band, including a copy of the master banders permit.
         
      6. These are examples of master banders who may be authorized to designate subpermittees: university professors with technicians or student subpermittees; heads or designees of research or wildlife management institutions (such as State or Federal conservation agencies or research centers employing ornithologists or waterfowl banding crews or technicians); conservation educators supervising subpermittee teachers or volunteers.
         
      7. There will no longer be a functional distinction between subpermits and letters of authorization currently used by State agencies.
         
   5. Species Designations on Banding Permits
      
      1. In order to better manage authorized banding activities and maximize the effectiveness of the electronic band management system, the banding permit will specify the species or species groups the bander is allowed to band.
         
      2. The BBL will use the Canadian Bird Banding Offices model for indicating species groups on the banding permit application, adding additional groups as necessary (e.g., rehabilitated birds).
         
      3. Authorization to band certain sensitive species, e.g. hummingbirds, may require special qualifications that will be made explicit by the BBL or NABC. Therefore, a master permit allowing banding of, say, breeding birds of eastern deciduous forests, will state certain exceptions, e.g., hummingbirds, if the special qualifications for those species are not met.
         
      4. Rehabilitated birds will no longer be automatically excluded from banding authorizations. However applications to band rehabilitated birds must meet the same criteria as any other banding application. The BBL will develop a code for rehabilitated birds for the banding database.
         
   6. Auxiliary Marking Authorizations 
      
      Auxiliary marking will be authorized on the permit proper (not as an appendix). BBL permit requirements will ensure compatibility of different authorization schemes. BBL will maintain a database of authorizations and require that banders coordinate with others using similar schemes.
      
   7. Special Equipment Authorizations
      
      The BBL will continue to indicate specifically on each permit authorization the permissible ways for birds to be captured, including use of special equipment such as mist nets, rocket nets and chemical agents for bird capture. If the use of such techniques requires pre-authorization from other agencies, the applicant will be so informed and the restriction noted on the permit letter.
      
   8. The Salvage Provision of Federal Bird Banding Permits
      
      1. Banders will not be permitted to retain their banding permits strictly for the purpose of salvage of dead birds.
         
      2. The reference to salvage on the federal banding permit will be deleted. The salvage authority will be stated in the authorization and will be subject to the conditions stated in 50 CFR 21.22 C(3) and (4) for holders of FWS salvage permits. The permit holder will be required to keep accurate records of disposition of salvaged birds for a period of 5 years and to report to the BBL upon request.
         
   9. Waterfowl (Game Bird) Banding
      
      1. Permits may be issued to any qualified applicant for banding waterfowl or other migratory game birds. In such cases, the BBL will forward applications for migratory game bird banding permits to the FWS/MBMO liaison to review for any possible conflicts with Federal population management programs. In the event of a potential conflict, the BBL will advise the applicant on appropriate coordination that must be made.
         
      2. State agencies will be authorized to band by the BBL in the same manner as research institutions and universities, as described above in Section D.6. Accordingly, States will now have more procedural flexibility in how to administer subpermits, and the Letter of Authorization presently used by State agencies to deputize banders will be discontinued. However, the new process may also mean that a higher qualifications standard for subpermittees will exist for participation in State waterfowl banding programs than in the past. State-sponsored banders will fall under the subpermittee rules outlined in Section D.
         
      3. The BBL will devise a means of flagging bandings in the database for migratory game birds as to whether they are or are not part of a Federally coordinated program, so that those data can be deleted readily from analyses of banding data for regulatory purposes.
         
   10. Animal Care and Welfare Responsibilities 
       
       The burden of ethical and legal compliance with animal welfare standards will be on the bander. The following or similar statement shall be added to the permit: The Permit Holder is responsible for conducting all banding activities in compliance with the spirit and intent of the Animal Welfare Act and the high ethical standards of animal use and care reflected in guiding documents from the North American Banding Council and The Ornithological Council. Similar guidance will be provided in the banding permit application package. Appropriate source materials will be made available to banders on the BBL home page.
       
   11. Criteria for Issue and Return of Bands
       
       1. Ongoing work to develop a new, electronic band management system for issue, inventory and return of bands will be completed. The intent of the system is to track precisely what bands have been issued to individual banders, assure that band issue is consistent with band use authorized for individual banders on their permit, track supplies of unused bands previously issued to permittees, compare these with new band orders, and allow ready reintegration of returned bands into the inventory.
          
       2. Except for agencies involved in Federally coordinated population management of waterfowl, banders will be required to make full use of bands already issued, and the BBL will exhaust its supply of old bands before new bands bearing the 1-800 phone number are issued.
          
   12. Banding Permit Renewals and Reporting
       
       1. Both new and existing permits shall meet the same standards for renewal and reporting. All valid-until-revoked permits (which now are issued to State and Federal conservation agencies) will be converted to regular permits and be subject to a standard review and renewal cycle.
          
       2. A report on permitted activities will be required for all permittees at the time of permit renewal. This report should answer a series of questions (such as those enumerated on page 29 of the task force report).
          
   13. Banding Permit Appeal Procedures
       
       1. The Director, USGS Patuxent Wildlife Research Center, will be the first level of appeal for adverse BBL permit actions. The Chief Biologist, USGS Biological Resources Division, will be the final level of appeal.
          
       2. The relevant regulations in 50 C.F.R. need to be changed to reflect this appeal process.
          
       3. The BBL shall attempt to resolve potential appeal situations in-house through tactful communications with the banding client.
          
   14. Permit Suspension and Revocation
       
       1. The BBL, in partnership with the NABC, will develop firm, clear, written and publicized criteria for suspension or revocation of banding permits. See page 33 of the task force report for examples of conditions that might trigger implementation of revocation procedures. Draft suspension/revocation criteria are to be submitted for review and approval by the implementation team.
          
       2. Violations by subpermittees will be considered violations by the master bander who has authorized the subpermittees.
          
   15. Charging for Bands/Permits 
       
       Banders will not be charged for either permits or bands.
       
   16. Tax Vouchers 
       
       The BBL will not vouch for expenses incurred by banders as tax deductions but will simply provide, on request from a bander, a summary of their bandings for the year.
       
   17. Illegal Banding Activities 
       
       If the BBL becomes aware of an allegation of unauthorized use of bands on migratory birds, the BBL will notify appropriate FWS law enforcement officials of the alleged violation, with a copy to the Chief of the Office of Migratory Bird Management. BBL will take no further actions unless requested by FWS.
       
   18. Web Access to Banding Permit Documents 
       
       All documents included or referred to (e.g. animal welfare guidelines) in the banding application package will be made available on the BBL home page.