[Federal Register Volume 66, Number 11 (Wednesday, January 17, 2001)]
[Presidential Documents]
[Pages 3853-3856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1387]
Presidential Documents
Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 3853]]
Executive Order 13186 of January 10, 2001
Responsibilities of Federal Agencies To Protect
Migratory Birds
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in furtherance of the purposes of the
migratory bird conventions, the Migratory Bird Treaty
Act (16 U.S.C. 703-711), the Bald and Golden Eagle
Protection Acts (16 U.S.C. 668-668d), the Fish and
Wildlife Coordination Act (16 U.S.C. 661-666c), the
Endangered Species Act of 1973 (16 U.S.C. 1531-1544),
the National Environmental Policy Act of 1969 (42
U.S.C. 4321-4347), and other pertinent statutes, it is
hereby ordered as follows:
Section 1. Policy. Migratory birds are of great
ecological and economic value to this country and to
other countries. They contribute to biological
diversity and bring tremendous enjoyment to millions of
Americans who study, watch, feed, or hunt these birds
throughout the United States and other countries. The
United States has recognized the critical importance of
this shared resource by ratifying international,
bilateral conventions for the conservation of migratory
birds. Such conventions include the Convention for the
Protection of Migratory Birds with Great Britain on
behalf of Canada 1916, the Convention for the
Protection of Migratory Birds and Game Mammals-Mexico
1936, the Convention for the Protection of Birds and
Their Environment- Japan 1972, and the Convention for
the Conservation of Migratory Birds and Their
Environment-Union of Soviet Socialist Republics 1978.
These migratory bird conventions impose substantive
obligations on the United States for the conservation
of migratory birds and their habitats, and through the
Migratory Bird Treaty Act (Act), the United States has
implemented these migratory bird conventions with
respect to the United States. This Executive Order
directs executive departments and agencies to take
certain actions to further implement the Act.
Sec. 2. Definitions. For purposes of this order:
(a) ``Take'' means take as defined in 50 C.F.R.
10.12, and includes both ``intentional'' and
``unintentional'' take.
(b) ``Intentional take'' means take that is the
purpose of the activity in question.
(c) ``Unintentional take'' means take that results
from, but is not the purpose of, the activity in
question.
(d) ``Migratory bird'' means any bird listed in 50
C.F.R. 10.13.
(e) ``Migratory bird resources'' means migratory
birds and the habitats upon which they depend.
(f) ``Migratory bird convention'' means,
collectively, the bilateral conventions (with Great
Britain/Canada, Mexico, Japan, and Russia) for the
conservation of migratory bird resources.
(g) ``Federal agency'' means an executive
department or agency, but does not include independent
establishments as defined by 5 U.S.C. 104.
(h) ``Action'' means a program, activity, project,
official policy (such as a rule or regulation), or
formal plan directly carried out by a Federal agency.
Each Federal agency will further define what the term
``action'' means with respect to its own authorities
and what programs should be included
[[Page 3854]]
in the agency-specific Memoranda of Understanding
required by this order. Actions delegated to or assumed
by nonfederal entities, or carried out by nonfederal
entities with Federal assistance, are not subject to
this order. Such actions, however, continue to be
subject to the Migratory Bird Treaty Act.
(i) ``Species of concern'' refers to those species
listed in the periodic report ``Migratory Nongame Birds
of Management Concern in the United States,'' priority
migratory bird species as documented by established
plans (such as Bird Conservation Regions in the North
American Bird Conservation Initiative or Partners in
Flight physiographic areas), and those species listed
in 50 C.F.R. 17.11.
Sec. 3. Federal Agency Responsibilities. (a) Each
Federal agency taking actions that have, or are likely
to have, a measurable negative effect on migratory bird
populations is directed to develop and implement,
within 2 years, a Memorandum of Understanding (MOU)
with the Fish and Wildlife Service (Service) that shall
promote the conservation of migratory bird populations.
(b) In coordination with affected Federal agencies,
the Service shall develop a schedule for completion of
the MOUs within 180 days of the date of this order. The
schedule shall give priority to completing the MOUs
with agencies having the most substantive impacts on
migratory birds.
(c) Each MOU shall establish protocols for
implementation of the MOU and for reporting
accomplishments. These protocols may be incorporated
into existing actions; however, the MOU shall recognize
that the agency may not be able to implement some
elements of the MOU until such time as the agency has
successfully included them in each agency's formal
planning processes (such as revision of agency land
management plans, land use compatibility guidelines,
integrated resource management plans, and fishery
management plans), including public participation and
NEPA analysis, as appropriate. This order and the MOUs
to be developed by the agencies are intended to be
implemented when new actions or renewal of contracts,
permits, delegations, or other third party agreements
are initiated as well as during the initiation of new,
or revisions to, land management plans.
(d) Each MOU shall include an elevation process to
resolve any dispute between the signatory agencies
regarding a particular practice or activity.
(e) Pursuant to its MOU, each agency shall, to the
extent permitted by law and subject to the availability
of appropriations and within Administration budgetary
limits, and in harmony with agency missions:
(1) support the conservation intent of the
migratory bird conventions by integrating bird
conservation principles, measures, and practices into
agency activities and by avoiding or minimizing, to the
extent practicable, adverse impacts on migratory bird
resources when conducting agency actions;
(2) restore and enhance the habitat of migratory
birds, as practicable;
(3) prevent or abate the pollution or detrimental
alteration of the environment for the benefit of
migratory birds, as practicable;
(4) design migratory bird habitat and population
conservation principles, measures, and practices, into
agency plans and planning processes (natural resource,
land management, and environmental quality planning,
including, but not limited to, forest and rangeland
planning, coastal management planning, watershed
planning, etc.) as practicable, and coordinate with
other agencies and nonfederal partners in planning
efforts;
(5) within established authorities and in
conjunction with the adoption, amendment, or revision
of agency management plans and guidance, ensure that
agency plans and actions promote programs and
recommendations of comprehensive migratory bird
planning efforts such as Partners-in-Flight, U.S.
National Shorebird Plan, North American Waterfowl
Management Plan, North American Colonial Waterbird
Plan, and other planning efforts, as well as guidance
from other sources, including the Food and Agricultural
[[Page 3855]]
Organization's International Plan of Action for
Reducing Incidental Catch of Seabirds in Longline
Fisheries;
(6) ensure that environmental analyses of Federal
actions required by the NEPA or other established
environmental review processes evaluate the effects of
actions and agency plans on migratory birds, with
emphasis on species of concern;
(7) provide notice to the Service in advance of
conducting an action that is intended to take migratory
birds, or annually report to the Service on the number
of individuals of each species of migratory birds
intentionally taken during the conduct of any agency
action, including but not limited to banding or
marking, scientific collecting, taxidermy, and
depredation control;
(8) minimize the intentional take of species of
concern by: (i) delineating standards and procedures
for such take; and (ii) developing procedures for the
review and evaluation of take actions. With respect to
intentional take, the MOU shall be consistent with the
appropriate sections of 50 C.F.R. parts 10, 21, and 22;
(9) identify where unintentional take reasonably
attributable to agency actions is having, or is likely
to have, a measurable negative effect on migratory bird
populations, focusing first on species of concern,
priority habitats, and key risk factors. With respect
to those actions so identified, the agency shall
develop and use principles, standards, and practices
that will lessen the amount of unintentional take,
developing any such conservation efforts in cooperation
with the Service. These principles, standards, and
practices shall be regularly evaluated and revised to
ensure that they are effective in lessening the
detrimental effect of agency actions on migratory bird
populations. The agency also shall inventory and
monitor bird habitat and populations within the
agency's capabilities and authorities to the extent
feasible to facilitate decisions about the need for,
and effectiveness of, conservation efforts;
(10) within the scope of its statutorily-designated
authorities, control the import, export, and
establishment in the wild of live exotic animals and
plants that may be harmful to migratory bird resources;
(11) promote research and information exchange
related to the conservation of migratory bird
resources, including coordinated inventorying and
monitoring and the collection and assessment of
information on environmental contaminants and other
physical or biological stressors having potential
relevance to migratory bird conservation. Where such
information is collected in the course of agency
actions or supported through Federal financial
assistance, reasonable efforts shall be made to share
such information with the Service, the Biological
Resources Division of the U.S. Geological Survey, and
other appropriate repositories of such data (e.g, the
Cornell Laboratory of Ornithology);
(12) provide training and information to
appropriate employees on methods and means of avoiding
or minimizing the take of migratory birds and
conserving and restoring migratory bird habitat;
(13) promote migratory bird conservation in
international activities and with other countries and
international partners, in consultation with the
Department of State, as appropriate or relevant to the
agency's authorities;
(14) recognize and promote economic and
recreational values of birds, as appropriate; and
(15) develop partnerships with non-Federal entities
to further bird conservation.
(f) Notwithstanding the requirement to finalize an
MOU within 2 years, each agency is encouraged to
immediately begin implementing the conservation
measures set forth above in subparagraphs (1) through
(15) of this section, as appropriate and practicable.
[[Page 3856]]
(g) Each agency shall advise the public of the
availability of its MOU through a notice published in
the Federal Register.
Sec. 4. Council for the Conservation of Migratory
Birds. (a) The Secretary of Interior shall establish an
interagency Council for the Conservation of Migratory
Birds (Council) to oversee the implementation of this
order. The Council's duties shall include the
following: (1) sharing the latest resource information
to assist in the conservation and management of
migratory birds; (2) developing an annual report of
accomplishments and recommendations related to this
order; (3) fostering partnerships to further the goals
of this order; and (4) selecting an annual recipient of
a Presidential Migratory Bird Federal Stewardship Award
for contributions to the protection of migratory birds.
(b) The Council shall include representation, at
the bureau director/administrator level, from the
Departments of the Interior, State, Commerce,
Agriculture, Transportation, Energy, Defense, and the
Environmental Protection Agency and from such other
agencies as appropriate.
Sec. 5. Application and Judicial Review. (a) This order
and the MOU to be developed by the agencies do not
require changes to current contracts, permits, or other
third party agreements.
(b) This order is intended only to improve the
internal management of the executive branch and does
not create any right or benefit, substantive or
procedural, separately enforceable at law or equity by
a party against the United States, its agencies or
instrumentalities, its officers or employees, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
January 10, 2001.
[FR Doc. 01-1387
Filed 1-12-01; 8:45 am]
Billing code 3195-01-P