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DoD Partners in Flight (DoD PIF)

Migratory Bird Legislation and DoD

Executive Order MOU

On July 31, 2006, the Department of Defense (DoD) and the USFWS entered into a Memorandum of Understanding (MOU) to Promote the Conservation of Migratory Birds, in accordance with Executive Order 13186, “Responsibilities of Federal Agencies to Protect Migratory Birds.” This MOU describes specific actions that should be taken by DoD to advance migratory bird conservation; avoid or minimize the take of migratory birds; and ensure DoD operations-other than military readiness activities-are consistent with the Migratory Bird Treaty Act. The MOU also describes how the FWS and DoD will work together cooperatively to achieve these ends. The MOU does not authorize the take of migratory birds; the FWS, however, may develop incidental take authorization for federal agencies that complete an Executive Order MOU. I strongly encourage all DoD personnel to work cooperatively with the FWS to implement the actions described in the MOU and to take steps to further migratory bird conservation. This MOU specifically pertains to the following categories of DoD activities:

  1. Natural resource management activities, including, but not limited to, habitat management, erosion control, forestry activities, agricultural outleasing, conservation law enforcement, invasive weed management, and prescribed burning;
  2. Installation support functions, including but not limited to, the maintenance, Construction or operation of administrative offices, military exchanges, road construction, commissaries, water treatment facilities, storage facilities, schools, housing, motor pools, non-tactical equipment, laundries, morale, welfare, and recreation activities, shops, landscaping, and mess halls;
  3. Operation of industrial activities;
  4. Construction or demolition of facilities relating to these routine operations; and
  5. Hazardous waste cleanup.