Section 250-RICR-60-00-11.5 - DefinitionsA. Wherever used in this Part the following terms should be construed as follows:1. "Active nest" means a migratory bird nest that contains eggs or young (flightless or newly-flighted) birds.2. "APHIS" means U.S. Department of Agriculture, Animal and Plant Health Inspection Service.3. "Department" means the Department of Environmental Management.4. "Director" means the Director of the Department of Environmental Management, or his/her duly authorized agent(s).5. "Division" means the Division of Fish and Wildlife.6. "Eagle" means a Bald Eagle or Golden Eagle.7. "Form 37" means a Wildlife Services Permit Review Form completed by USDA, APHIS, Wildlife Services as recommendation for addressing damage problems or loss and required to accompany a Federal Migratory Bird Depredation Permit.8. "Inactive nest" means a migratory bird nest without any eggs or young (flightless or newly-flighted) birds that may or may not be frequented by adult migratory birds.9. "Migratory bird" means any bird listed on the current Federal Migratory Bird Treaty Act Protected Species (10.13 List).10. "Raptor" means a meat-eating bird with a hooked bill and talons and includes birds in the families Accipitridae (e.g. hawks, harriers, and kites), Falconidae (e.g. falcons and kestrels), Strigidae (e.g. owls), Tytonidae (e.g. barn owls), and Pandionidae (i.e. Osprey).11. "RIDEM" means the Department of Environmental Management.12. "Take" means an action which causes harm to a migratory bird, its nest, eggs, or chicks, or any part thereof, whether intentional or otherwise. This can include harassment, lethal or non-lethal removal, hunting, or killing.13. "USDA" means the United States Department of Agriculture.14. "USFWS" means the United States Fish and Wildlife Service.250 R.I. Code R. 250-RICR-60-00-11.5
Adopted effective 7/21/2022