De-Mystifying the Federal Rehabilitation Permit
by Diane Winn
Avian Haven, Freedom, Maine
The Migratory Bird Treaty Act (MBTA) prohibits possession of migratory birds without a federal permit. Some confusion has often arisen over the term "migratory." In a biological context, "migratory" refers to birds that show seasonal movement, e.g., breeding in one area but spending the winter in another (usually south of the breeding grounds). But in a legal context, the birds protected by the MBTA are those covered by treaties the United States has signed with other countries. Those birds include all wild birds except game birds (i.e., turkey, pheasant, grouse, quail) managed by states and nonnative species (i.e., feral pigeon, European starling, and English sparrow. Thus, even though birds such as crows, some owls, and mourning doves are year-round residents in a given area, they are protected under the MBTA. Further, although the mute swan is not native, because of a federal district court ruling in 2001, it is protected as well
In the past, a "special purpose" permit authorized possession of migratory birds for rehabilitation and other activities not specifically covered by other types of permits. However, a new permit, which went into effect in October of 2003, was designed to create a national standard for situations and issues most likely to arise in rehabilitation. The material below highlights some of the most important features of the new permit system (some features reflect a continuation of policy from the old system, whereas others are changes). For more information and an application package, contact the Region 5 Migratory Bird Permit Office of the U.S. Fish & Wildlife Service (P.O. Box 779, Hadley, MA 01035-0779 or 413-253-8643). An application and more information about permit conditions may also be obtained at http://www.fws.gov/permits (off-site).
- The applicant must be at least 18 and have at least 100 hours of hands-on experience rehabilitating birds over a span of at least one year. Although up to 20 of these hours may come from workshops or seminars, the applicant typically gains experience by working under the supervision of a permitted rehabilitator.
- The applicant must have a state rehabilitation permit, and must have a working relationship with a veterinarian.
- The applicant must submit photographs and diagrams of cages to be used for rehabilitation. IWRC/NWRA minimum standards are specifically incorporated into the new permit system as guidelines (not fixed requirements) for caging. Cages for flight conditioning prior to release may not be required if the applicant has use of the flight cages of another rehabilitator; in such cases, a letter from that rehabilitator must accompany the application.
- Restrictions may be placed on the types of species authorized for the applicant, depending on the experience and facilities of the applicant. Thus, for example, an applicant may be authorized to rehabilitate small songbirds, but not raptors or waterbirds. Rehabilitators must transfer species for which they do not have authorization within 48 hours.
- Birds held for rehabilitation purposes may not be displayed to the public or used for educational demonstrations.
- Birds may be held in rehabilitation for no more than 180 days, unless authorized by the permit office.
- The rehabilitation permit does not authorize the permittee to retain birds that are nonreleasable. Nonreleasable birds may, however, be transferred to holders of permits for conservation education or display; in some cases, upon submission of appropriate justification, a permit may be issued for retaining a nonreleasable bird as a surrogate parent for orphaned conspecifics. Imprinted birds may not be placed as surrogates with the person who allowed that imprinting to occur.
- Rehabilitators are required to euthanize birds that, after the rehabilitation process, cannot feed themselves, perch upright, or ambulate. Rehabilitators must also euthanize any bird with injuries that would require amputation of a leg, a foot, or a wing at the elbow or above - any of which make recurring trauma probable in captivity. The permit office will consider applications for exceptions to this rule; that application must be accompanied, among other things, by a veterinarian's analysis of why this particular bird is not expected to experience the difficulties that typically occur in birds with the above conditions and a commitment from the veterinarian to provide medical care for the bird for the duration of its life, including complete examinations at least once a year.
- Individuals who assist permitted rehabilitators on site may be either volunteers or subpermittees; a subpermittee is someone who will rehabilitate birds in the absence of the permittee. The rehabilitator must submit names of subpermittees to the permit office; names of volunteers need not be submitted. Subpermittees may care for birds at their own facilities if they meet the same standards as the permittee's facilities; the permittee must submit a written request for a permit amendment justifying the need for the additional location and providing photos and diagrams of the subpermittee's facilities. A subpermittee who does not have flight cages may take nestlings home for care until the birds are ready to fledge; photographs of housing for nestlings are not needed.
- Veterinarians who wish to rehabilitate migratory birds must follow the same procedures as anyone else for obtaining a federal permit. Veterinarians who do not have permits may provide critical emergency care to a sick or injured bird, but they must transfer that bird to a permitted rehabilitator within 24 hours of admission (or of stabilization). Veterinarians may also euthanize a bird that, in their best clinical judgment, will not recover.
- Under a "good Samaritan" clause, a person who finds an injured bird may take possession of that bird, but is required to contact a permitted rehabilitator and transfer the bird to that person immediately.
* Reformatted version of an article appearing in ReMaine Wild Newsletter, Spring 2004
