Courtesy of NAA:
Reducing the impact of piscivorous (fish-eating) birds on valuable farmed or stocked fish is a complex problem. The U.S. Fish and Wildlife Service can issue federal permits to take1 migratory birds under certain circumstances.
Depredation permits authorize the take of birds to reduce damage or loss to commercial agricultural crops/livestock (which includes aquaculture), damage to private or public property, threats to human health and safety, and threats to recovery of protected wildlife.
A depredation permit is intended to provide short-term relief until long-term, non-lethal measures can be implemented to eliminate or significantly reduce the problem. Non-lethal measures include active harassment, passive dissuasion, habitat modification, and changes in operational practices.
Permit conditions specify the species, methods, and the number of birds that may be taken. The permit conditions will also include any subpermittees, location(s), and dates the permit is valid. For more information, please see these FAQs from the U.S. Fish and Wildlife Service: 3-200-13 Depredation Frequently Asked Questions
[1] “SEC. 2. [16 U.S.C. 703] (a) IN GENERAL.—Unless and except as permitted by regulations made as hereinafter provided, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof,…” where take is further defined in 50 CFR 10.12 to mean “to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect. (With reference to marine mammals, see Part 18 of this subchapter.)”
Application Process
Applicants who apply for a Migratory Bird Depredation Permit must apply to the U.S. Fish and Wildlife Service Regional Office. The application process involves the following steps:
Step 1. Contact USDA Wildlife Services for technical assistance.
Step 2. If a permit is justified, a USDA biologist will issue a WS Form 37 to the requestor.
Step 3. The requestor must submit a permit application to the U.S. Fish and Wildlife Service including the Form 37 and a permit application fee.
Eligibility
The entity who can apply for a permit must be: (a) experiencing the damage, (b) responsible for compliance with the permit, AND (c) has authority to implement nonlethal or lethal measures. Applicants are most commonly the landowner, land manager, or resource manager. This includes private landowners, managers of public lands, government agencies, and other entities with legal jurisdiction for the property, such as homeowner’s associations.
If the entity does not hold legal liability for the waterbody, they can assist in obtaining the Form 37 and completing the application, but they may not be the permit holder.