Overview of Recent Situation

In the fall of 2000, a Fish and Wildlife Service (FWS) agent began investigating The Washington Humane Society (WHS) after a much-publicized incident where northern mockingbirds attacked passersby near a State Department building. Responding to complaints about the attacks, a WHS employee removed and euthanized the birds. The FWS agent found that the Washington Humane Society, a private nonprofit organization contracted to perform animal control for the District of Columbia, did not have the required permits for handling migratory birds.

 
Note that the Humane Society of the United States (HSUS) is not affiliated with, nor is it a parent organization for, local humane societies, animal shelters, or animal care and control agencies. These are independent organizations, governed by their own bylaws and boards of directors (in the case of humane societies), or local ordinances and officials (in the case of animal care and control agencies). The HSUS does not operate or have direct control over any animal shelter.

The HSUS recognizes that many animal care and control agencies are called upon to assist birds as part of their mission to prevent animal suffering. The need for a Federal permit to handle migratory birds has not been widely known; as a result, many agencies are inadvertently operating outside of the law. While the incident in Washington, DC is clearly regrettable, it was not an intentional act of negligence on the part of the Washington Humane Society. The HSUS hopes that this situation will encourage other agencies to become more informed regarding federal, state, and local laws that pertain to the services they provide for wildlife.

The Migratory Bird Treaty Act

If you plan to transport, possess, house, or euthanize migratory birds, you must have a permit from the U.S. Fish and Wildlife Service (FWS). The Migratory Bird Treaty Act (MBTA), a synopsis of which is provided below, can be viewed in its entirety.

Except as allowed by implementing regulations, this act makes it unlawful to pursue, hunt, kill, capture, possess, buy, sell, purchase, or barter any migratory bird, including the feathers or other parts, nests, eggs, or migratory bird products. Public Law 95-616 also ratified a treaty with the Soviet Union specifying that both nations will take measures to protect identified ecosystems of special importance to migratory birds from pollution, detrimental alterations, and other environmental degradations.

How to Obtain Permits

Please contact the regional office that processes permit applications in your state to obtain the necessary permit to handle migratory birds. Because the permit allows only for the transportation, holding, housing, and possession of these birds, you must specifically request a permit that allows euthanasia of birds when necessary.

Wildlife Rehabilitation

 
As an animal shelter or other humane organization, it is important for you to establish a good working relationship with licensed wildlife rehabilitators (rehabbers) in your area. However, it is up to you to verify, every year, that these folks are licensed to handle and house the animals covered under their permits. There are many well meaning and skilled people who illegally take in orphaned and injured wildlife. A licensed rehabber will have a federal permit for migratory birds, a state permit for other native wildlife, or both. Not all states require a permit, however, so check with your state wildlife agency to verify requirements in your state.

The International Wildlife Rehabilitation Council (IWRC) and The National Wildlife Rehabilitators Association (NWRA) are nonprofit organizations established for wildlife rehabilitators and associated professionals. They are invaluable sources of information, training, guidance, and can help you locate wildlife rehabilitators in your area. It is important to note that not all licensed rehabbers are members of these organizations, just as not all members listed are necessarily still active rehabbers.

Improving Your Wildlife Services

It is common for both wildlife rehabilitators and shelters to face transportation problems. Both groups tend to rely almost exclusively on the public to deliver animals to them. One way to foster good relationships with local wildlife rehabilitators is to offer to set up a network of volunteer transporters. You and local rehabilitation organizations can then work together, using your collective staff and vehicle(s), to pick up and transport animals from the field and/or to and from a veterinarian when necessary.

For Additional Information…

If you have questions or concerns about the proper and legal handling of migratory birds by shelter personnel, please call (202-452-1100) or send an e-mail to Kate Pullen (kpullen@hsus.org) or Pat McElroy (pmcelroy@hsus.org).