250 R.I. Code R. 250-RICR-60-00-11.6

Current through December 26, 2024

Section 250-RICR-60-00-11.6 - Requirements for Migratory Bird Control Permits

11.6.1Requirements for Migratory Bird Depredation Control Permits

A. A valid and current Migratory Bird Depredation Control Permit, issued by the Division, or the Federal Government is required to take, handle, or possess, for management purposes, any migratory bird, their eggs, or their chicks.

B. A valid and current completed Form 37 (from USDA) and Migratory Bird Depredation Permit Application (from USFWS) shall serve as a valid permit for take.

C. The Division reserves the right to rescind, negate, or reduce the quantity of allotted take, species included, and sub-permittees listed, on all Migratory Bird Depredation Permits and forms issued by or on behalf of the USFWS, and USDA.

D. Applicants for migratory bird depredation control permit from the Division shall complete and submit a Migratory Bird Depredation Control Permit Application on forms provided by the Division. All applications for a Migratory Bird Depredation Control Permit must include the following for each year of activity:

1. The full name and contact information for the applicant.

2. The species and number of birds and eggs to be removed.

3. A description of the problems and justification for control.

4. The address for each location where control is proposed.

5. Non-lethal methods used to mitigate migratory bird depredation.

6. Long-term plans to mitigate damage to reduce the needs for lethal take in the future.

7. Lethal methods of control to be employed.

8. The full names and contact information for all sub-permittees.

E. All Migratory Bird Depredation Control Permit holders are required to report permitted migratory bird take activities, on forms provided by the Division, no later than thirty (30) days following the expiration of their permit. All Migratory Bird Depredation Control Permit Reports must include the following:

1. The exact date, address, GPS coordinates, and number of each species of bird and egg removed.

2. Copies of Federal permits associated with activities of the Migratory Bird Depredation Control Permit, issued by the Division.

3. Lethal methods of take employed for each species and location.

4. Details of any permitted bird relocation activities, including names, contact information, and letters of approval from the wildlife professionals responsible and release location landowner.

5. A description of non-lethal tools employed during the permit year.

11.6.2Requirements for Migratory Bird Nest Removal Permits

A. A valid and current Migratory Bird Nest Removal Permit, issued by the Division or the Federal government, is required to take, handle, or possess, for management purposes, any inactive raptor nest.

B. Applicants for Migratory Bird Nest Removal Permits from the Division shall complete and submit a Migratory Bird Nest Removal Permit Application on forms provided by the Division.

C. All applicants for a Migratory Bird Nest Removal Permit must include the following information in their permit:

1. The full name and contact information for the applicant.

2. The full names and contact information for all sub-permittees.

D. Additionally, all applications for a Migratory Bird Nest Removal Permit must include the following for each nest to be removed and/or relocated:

1. The species of bird associated with the inactive nest to be removed or relocated.

2. The current address for each nest to be removed or relocated.

3. A description of the problem and justification for removing the nest.

4. A history of the nest, including:

a. Current status of the nest to be removed (i.e. active vs. inactive).

b. Evidence for nest status determination.

c. The last known date adults were observed at the nest.

5. Details regarding available alternative nest sites for returning nesting raptors.

6. A description of plans for limiting future conflicts with nesting raptors at the current nest site.

E. Within twenty-four (24) hours of nest removal, all Migratory Bird Nest Removal Permit holders are required to report to the Division the following:

1. Migratory Bird Nest Removal Permit number.

2. The following date and time stamped photographs:

a. Wide-angle photograph of the nest and nest structure immediately prior to removal.

b. Inside of the nest immediately before its removal.

3. Date and time of nest removal.

4. Address and GPS coordinates of the removed nest.

5. Description of additional activities related to removal (e.g. nesting deterrents installed, nest relocation).

F. No later than thirty (30) days following the permit's expiration, all Migratory Bird Nest Removal Permit holders are required to report to the Division, using forms provided by the Division, the following:

1. For each nest removed:

a. The date of removal activity.

b. The start and end times of removal (and replacement) activity.

c. The bird species associated with the nest removed.

d. The GPS coordinates for the nest removed.

e. The nest status (active/inactive) at the time of removal.

f. Whether or not a deterrent or exclosure was employed at the original nest site.

g. Whether or not an alternative nest platform was constructed within one hundred fifty feet (150') of the original nest site.

h. Whether or not adults of the species were present immediately prior to removal.

2. A USFWS permit number for any active nest removed.

3. A description of the types of exclosures or deterrents used at each nest removal site.

4. Justification for each nest site at which exclosures or deterrents were not installed.

5. Justification for each nest site at which an alternative nest structure of equal or greater height to the original nest structure was not constructed within one hundred fifty feet (150') of the original nest site.

250 R.I. Code R. 250-RICR-60-00-11.6

Adopted effective 7/21/2022