MBTA Permit Glossary: Key Terms & Definitions for Developers and Consultants
MBTA Permit Key Terms & Definitions
Adaptive Management: A structured, iterative approach to decision-making in the face of uncertainty, with an aim to reduce uncertainty over time through monitoring and adjusting management strategies based on the results.
Compensatory Mitigation: The restoration, establishment, enhancement, or preservation of wetlands, streams, or other aquatic resources to offset unavoidable adverse impacts to these resources caused by a permitted activity.1
Cumulative Effects: The combined, incremental effects of human activities on the environment. These effects may be significant when considered collectively, even if individual effects are relatively minor.
Depredation Permit: A permit issued under the Migratory Bird Treaty Act that allows for the take of migratory birds that are causing serious damage to agricultural crops, livestock, or other interests, or posing a risk to human health and safety.2
Falconry Permit: A permit that allows individuals to possess, train, and use raptors (e.g., hawks, falcons) for hunting or other falconry purposes.3
General Permit: A permit issued under the Migratory Bird Treaty Act that authorizes a specific activity for a certain period of time and within a specific geographic area, rather than on a case-by-case basis.
Incidental Take: The unintentional take of migratory birds, their nests, or eggs that results from an otherwise lawful activity, but is not the purpose of the activity.
Individual Permit: A permit issued under the Migratory Bird Treaty Act that authorizes a specific activity on a case-by-case basis, based on a detailed application and review process.
Migratory Bird Conservation Plan: A plan developed by a permit applicant that outlines the steps they will take to avoid, minimize, and mitigate impacts on migratory birds throughout the project lifecycle.
Migratory Bird Treaty Act (MBTA): A federal law that implements treaties and conventions between the United States, Canada, Mexico, Japan, and Russia for the protection of migratory birds.4
Mitigation Hierarchy: The sequence of actions to address potential impacts on the environment, prioritizing avoidance first, then minimization, and finally, compensation for unavoidable impacts.
National Environmental Policy Act (NEPA): A federal law that requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions, and to involve the public in the decision-making process.5
Permit Conditions: The specific requirements, limitations, and obligations that a permittee must adhere to in order to maintain compliance with a permit issued under the Migratory Bird Treaty Act.
Raptor Propagation Permit: A permit that authorizes the captive breeding of raptors for conservation, education, or falconry purposes.6
Scientific Collecting Permit: A permit that authorizes the capture, handling, and collection of migratory birds, their parts, nests, or eggs for scientific research or educational purposes.7
Section 7 Consultation: The process under the Endangered Species Act where federal agencies consult with the U.S. Fish and Wildlife Service to ensure that their actions are not likely to jeopardize the continued existence of listed species or destroy or adversely modify critical habitat.8
Take: To pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect.9
U.S. Fish and Wildlife Service (USFWS): The federal agency within the Department of the Interior responsible for administering the Migratory Bird Treaty Act and its associated permit program.
Footnotes
A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the . However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.