3-200-81: Special Purpose - Utility

A Federal Migratory Bird Special Purpose - Utility permit is required for utilities to collect, transport, and temporarily possess migratory birds found dead on utility property, structures, and rights-of-way as well as, in emergency circumstances, relocate or destroy active nests. Utilities include facilities that generate or transmit electricity, gas, oil, water, or communications structures such as cellular towers, microwave transmitters and their related infrastructure, as well as resource development and recovery businesses.

For facilities with electrocution and collision hazards, may refer to the Avian Power Line Interaction Committee’s guidance for reducing electrocutions and collisions.

Wind energy facilities and others may refer to the U.S. Fish and Wildlife Service Land-Based Wind Energy Guidelines for information on structured, scientific processes for addressing wildlife conservation concerns at wind facilities, including recommendations for post- construction mortality monitoring protocols.

Who Needs It

This permit will be issued only to utility companies. A consultant may act on behalf of a company to develop the monitoring plan, permit application materials, and reports, as well as and conduct the fieldwork. However, the Principal Officer of the utility company must sign the application and is responsible for the activities that occur.

A Special Purpose Utility Permit is not required. However, the Service encourages utilities to obtain this permit. It enhances a utility’s ability to accurately monitor migratory bird mortalities. Collecting and reporting the associated data to the U.S. Fish and Wildlife Service (Service) contributes to our collective knowledge and understanding of the impacts of the utility on migratory birds.

What is covered by this permit?

A Special Purpose Utility permit authorizes utilities to collect, transport and temporarily possess migratory birds found dead on utility property, structures, and rights-of-way for avian mortality monitoring or disposal purposes. Authorization can include emergency relocation or destruction of an active nest. This permit can also authorize a utility to remove bird remains from an area and/or retain specimens for identification.

The Service can issue a single permit to a utility with multiple projects. This includes projects of the same type (i.e. multiple wind projects) and projects of different types (i.e. transmission, wind, and solar). The utility should apply to the Service Region where the majority of the activity is occurring.

Relocation or Removal of Nests

Permits issued to utilities authorize the relocation or removal of active migratory bird nests on structures if they are causing a safety risk, such as a fire or power outage, or operator safety. Inactive nests may be removed without a permit (See Nest Destruction Memo). To conduct activities involving nests of Eagles or federally listed Threatened or Endangered Species, you must obtain additional appropriate permit(s).

Process

To Submit an Application

To submit an application online or through the mail, follow the instructions on our ePermits site

Need to submit your annual report?

Application Fee

  • $100
  • Application fee is non-refundable.
  • Federal, Tribal, State, and local government agencies, and those acting on the behalf of such agencies, are exempt from the processing fee (documentation may be required).

Audience

Utility Company
ePermit ID
3-200-81