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COOPERATIVE AGREEMENT NO:
14-48-0005-93-9059
DCN: 50181-3-582
 
MEMORANDUM OF UNDERSTANDING
BETWEEN
DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY
NEW JERSEY DIVISION OF FISH, GAME AND WILDLIFE (NJDFGW)
 
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES (WS)
AND
UNITED STATES DEPARTMENT OF THE INTERIOR
FISH AND WILDLIFE SERVICE (FWS)

ARTICLE 1

This Memorandum of Understanding (MOU) establishes a cooperative relationship among the NJDFGW, WS and FWS for implementing and evaluating a "Community Based Management Plan for Canada Geese in New Jersey (attached).

ARTICLE 2

Canada geese are a valuable natural resource and are enjoyed by millions of people each year for a variety of uses. However, they can, under some circumstances, pose a threat to human health and safety, or cause property damage, or create a nuisance. Canada geese are protected under federal and state laws. FWS has a broad mission involving the protection and management of migratory birds. NJDFGW has a broad mission involving the protection and management of wildlife in New Jersey. WS has a broad mission to assist federal, state and local agencies, private organizations, and individuals in resolving problems created when species of wildlife cause damage to agriculture, urban, or natural resources or present a threat to public health and safety.

Staff of the NJDFGW, WS and FWS have reviewed the problems caused by Resident Population Canada Geese in New Jersey and the potential solutions to these problems. A model program has been designed to address these problems at the local government level. This MOU is reached to assist in the implementation and evaluation of a "Community Based Management Plan" in New Jersey by the NJDFGW, WS and FWS.

Program authorities that allow NJDFWG, WS and FWS to jointly participate are included under the following statutes: Title 23 of N.J.S.A, Fish and Game, Wild Birds and Animals for NJDFWG; the Animal Damage Control Act of March 2, 1931 (7USC426-426b, and 426C, as amended), and Rural Development, Agriculture, and Related Agencies Appropriation Act, 1938 (P.L. 100-202) for WS; and the Migratory Bird Treaty Act (16 U.S.C. 703-711) and Fish and Wildlife Coordination Act (16 U.S.C. 661-667e) for the FWS.

ARTICLE 3

NJDFGW, WS and FWS agree:

1. That the NJDFGW, WS and FWS have the expertise and authorities to provide technical and operational assistance needed to reduce hazards/damage from Canada geese in urban/suburban environments.

2. That most local governments lack the technical expertise to identify the underlying causes of Canada goose problems, but do have the capability to control these problems, following proper instruction in control techniques, and with the appropriate federal/state permits.

3. That situations arise where a Canada goose control program is necessary to reduce human health and safety problems, or property damage, or nuisance involving more than one property owner, and that it is beneficial to address these problems at the local government level.

COMMUNITY-BASED MANAGEMENT PLAN FOR CANADA GEESE

I. Problem Statement

Canada geese (Branta canadensis) are a valuable natural resource. They are enjoyed by millions of people each year for a wide variety of uses, including hunting and bird-watching. However, they can, under some circumstances pose a threat to human health and safety, or cause property damage, or create a nuisance in New Jersey. Canada geese are protected under federal and state laws. The challenge is to protect migratory stocks of Canada geese, while addressing problems created occasionally by Canada geese living in close association with man. This document outlines Canada goose management issues in North America, the Atlantic Flyway and New Jersey; explains the existing regulatory process and how one interacts with it; identifies solutions for dealing with Canada goose problems; and proposes a community-based management plan to expand opportunities to address problems caused by Canada geese in urban and suburban environments.

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II. Background

A. Federal/State Roles in Goose Management

1. U. S. Fish and Wildlife Service and Canada Goose Management at the National Level

The U. S. Fish and Wildlife Service (Service) is an agency within the U. S. Department of the Interior. The service has a broad mission involving protection and management of migratory birds, anadromous fish, endangered species and wetlands. Canada geese are a trust species for the Service. This role has been delegated to the Director of the Service from the Secretary of the Interior and is based upon treaties with Canada, Japan, Mexico and the Soviet Union; the Migratory Bird Treaty Act; interpretation of federal law; and a wide variety of court decisions. The Service protects, monitors and manages for the well-being of migratory birds such as the Canada goose.

The service recognizes and manages 11 separate populations of Canada geese, in cooperation with Flyway Councils, Native Americans, other nations, and state and provincial governments. This includes the development and use of management plans for specific populations of Canada geese.

The Service also acquires land to support the habitat needs of threatened Canada goose populations and manages some National Wildlife Refuges for migratory populations of Canada geese.

The Service collects data on the status of migratory populations of Canada geese. This data includes indices to the population status. These indices include breeding population status and/or winter population status (breeding population indices are preferred, but not always available). The Service monitors weather on the breeding grounds, and estimates the production of young and fall flight for each population of migratory Canada geese (The Service is improving these survey methods). The Service collects data on the production of young from a survey of hunter-harvested geese each year (The Service is also improving these survey methods).

The North American Waterfowl Management Plan (NAWMP) is an international program, which addresses waterfowl management issues in North America. The United States, Mexican and Canadian governments, and Flyway Councils are participants in NAWMP, which emphasizes habitat protection and management to benefit waterfowl populations and wetland protection. The Service coordinates the

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NAWMP in the United States. The Arctic Goose Joint Venture is a specific program under the NAWMP that addresses all migratory populations of Canada geese in the Atlantic Flyway. This Joint Venture has identified the major informational needs for these migratory populations of Geese that nest in the Arctic and is conducting research designed to answer these information needs.

The Service has an important regulatory role for Canada geese. The Service enforces the Migratory Bird Treaty Act and federal regulations designed to protect migratory birds (these laws are found in Volume 50 of the Code of Federal Regulations each year). The Service issues regulations annually that permit sport hunting of migratory birds. The Service also issues migratory bird permits, which permit the capture and handling or take of migratory birds and their nests, eggs and young for scientific purposes or to address depredation issues.

The Service works closely with the Animal Damage Control Division of the Animal and Plant Health Inspection Service (U.S. Department of Agriculture) and state wildlife agencies, when dealing with complaints concerning human health and safety, property damage or nuisance animals. Any migratory bird permits issued to address nuisance Canada geese are co-issued by the Service and the appropriate state wildlife agency.

The Service works closely with Flyway Councils, such as the Atlantic Flyway Council, when developing hunting regulations for migratory birds, such as the Canada goose. Specific hunting regulations have been developed by the Service to address nuisance populations of Canada geese. Hunting regulations are promulgated each year involving the National Environmental Policy Act, public meetings in June and August, and numerous announcements and rules published in the Federal Register. The public participates in this process.

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2. Animal Damage Control and Nuisance Animal Management at the National Level

The Animal Damage Control (ADC) program is part of the Animal and Plant Health Inspection service, an agency of the U.S. Department of Agriculture. ADC's mission is to assist Federal, State, and local agencies, private organizations, and individuals in resolving problems created when species of wildlife cause damage to agricultural, urban, or natural resources or present a threat to public health and safety. The primary statutory authority for the ADC program is the Animal Damage Control Act of March 2, 1931, as amended (46 Stat. 1468; 7 U.S.C. 426-426b).

Control techniques and methods used and recommended by ADC conform with all Federal, State and local laws and regulations. ADC provides assistance in the form of technical information or direct control of the problem situation. Species typically dealt with by the ADC program are migratory birds, especially waterfowl. ADC biologists can provide the following types of assistance to landowners experiencing problems caused by Canada geese:

A. provide technical information in the form of leaflets on goose control techniques

b. conduct site visits to review permit applications to control geese assist airports in resolving human safety threats caused by geese

c. assist airports in resolving human safety threats caused by geese

d. other activities in coordination with State and Federal agencies.

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ADC has no direct statutory authority for Canada goose population management. ADC works with people to resolve conflicts with geese through recommendations to landowners and recommendations to the Service regarding Federal permit applications.

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3. New Jersey Division of Fish, Game and Wildlife, Migratory Bird Management and Nuisance Wildlife Management in New Jersey

New Jersey Division of Fish, Game and Wildlife (Division) is a part of the Department of Environmental Protection and Energy. The Division has a broad mission involving management of the wildlife and fisheries resources of the State of New Jersey. The Division's authorities are documented in Title 23 New Jersey Statutes Annotated, Fish and Game, Wild Birds and Animals. The Division promulgates hunting regulations annually as the Fish and Game Code. The New Jersey Fish and Game Council proposes and adopts these regulations following a public comment period.

The Division works within the Atlantic Flyway Council (Flyway Council) to provide advice to the Service regarding the development of frameworks for waterfowl hunting. The Council is composed 17 state agencies and 7 provincial agencies. A Technical Committee, comprised of State and Federal biologists, assists the Flyway Council in the development of flyway policy, management plans and recommendations.

The Division promulgates waterfowl hunting regulations within the annual waterfowl regulations process administered by the Service. The Service, working with the Flyway Council, issues the frameworks for setting waterfowl regulations. These frameworks are published in the Federal Register by the service. The Division advertises these frameworks at a public meeting, where the public comments are received. The New Jersey Fish and Game Council selects waterfowl hunting seasons within the confines of these federal frameworks.

The Divisions Waterfowl Ecology and Management Project conducts research on migratory birds and participates in flyway-wide studies sponsored by the Flyway Council. The Division has completed a study of Atlantic and Resident Population Canada geese reproduction, survival and movements in New Jersey. The Division is also participating in the current flyway-wide study of Atlantic and Resident Population geese. These studies guide Canada goose management in New Jersey.

The Division controls over 200,000 acres of land. Canada goose and other migratory birds can be found on these lands.

The Division reviews Depredation Permits received from the Service regarding migratory birds, and where warranted co-signs these permits. These Depredation Permits serve both as valid federal and state legal documents. The Division Wildlife Control Unit provides management advice to property owners experiencing wildlife damage. This includes advice to landowners involved with Canada goose problems. The Division works closely with ADC and the Service when addressing migratory bird depredation problems.

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B. Canada Goose Management in the Atlantic Flyway

Three distinct populations of Canada geese are recognized in the Atlantic Flyway. These are the Atlantic Population, the Southern James Bay Population, and the Resident Population. The Service and Atlantic Flyway Council manage these populations, based upon a 1988 management plan for these geese.

The Atlantic Population nests in Labrador, Newfoundland and much of Quebec. Major concentrations occur along Ungava Bay and the northeast shore of Hudson Bay on the Ungava Peninsula. The present wintering range is centered on the Delmarva Peninsula and Atlantic Population geese winter from North Carolina north to southern Ontario and New Brunswick. There has been a marked redistribution of wintering birds from southern states to Chesapeake and Mid-Atlantic States. survival has declined to a level below that necessary to maintain stable numbers. Production of young has been poor for subpopulations breeding in Quebec since 1985. The Atlantic Population is undergoing a precipitous decline and the Flyway Council and U. S. Fish and Wildlife Service are working together to restore this population by reducing the sport harvest of the Atlantic population by at least 60` for the 1992-94 hunting seasons.

The Southern James Bay Population of Canada geese nests on Akimiski Island in James Bay and in the adjacent lowlands south of the James Bay. The majority of this population winters on impoundments in Kentucky, Tennessee and northern Alabama. There are, however, significant numbers of geese from this population wintering in western areas of the Atlantic Flyway, primarily in northwestern Pennsylvania, western North Carolina and South Carolina. Restrictive harvest strategies are also in place for this population based upon low production of young. Also, the management plan for the Atlantic Flyway places emphasis upon the protection of those subpopulations wintering in the Carolinas.

The Resident Population of Canada geese represents Canada geese breeding south of the breeding ranges of migrant geese in the Atlantic Flyway. This breeding population is centered in the Mid-Atlantic Region and ranges from Georgia to Southern Ontario and Quebec. Some of these geese migrate, though most are not migratory or move only short distances. This population increased dramatically in the 1980's and continues to increase. These birds are frequently found in urban/suburban environments and occasionally pose a threat to human health and safety, cause property damage, or are a nuisance. Sport hunting during the regular season can help to reduce these populations. Harvest restrictions aimed at the Atlantic and Southern James Bay Population of Canada geese will also protect the Resident Population. Special seasons in September and January/February are used to address problems posed by Resident Population geese. These special seasons are only used when it can be demonstrated that they do not negatively impact Atlantic or Southern James Bay Population geese.

The following information is collected on Canada goose populations in the Atlantic Flyway:

1. Population Surveys

a. November Goose Survey--population index involving aerial survey flights to November populations conducted by within the Atlantic Flyway by state and Service biologists.

b. Mid-winter Waterfowl Survey--population index involving aerial survey flights to January populations conducted throughout the Atlantic Flyway by state and Service biologists, with emphasis upon coastal populations.

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c. Breeding Populations Surveys

(l) Resident Population--Atlantic Flyway States conduct a survey of Canada geese breeding; this survey is based upon randomly located one square-kilometer plots.

(2) Atlantic Population--Service biologists have surveyed northern Quebec and the Maritimes to determine the size and distribution of the Atlantic Population. Increased survey efforts are proposed for this population.

d. Estimates of the size of the Atlantic and Resident Populations of Canada geese will be made during the neck-collaring study.

2. Survival Estimates

a. Banding data provide estimates of Canada goose survival for Atlantic and Resident Populations.

b. Neck-collaring studies provide estimates of Canada goose survival for Atlantic and Resident Populations.

3. Hunter Harvest Estimates--the service annually estimates the harvest of Canada geese through its harvest survey program.

This information is used to guide Canada goose management in the Atlantic Flyway.

The Atlantic Flyway Council is conducting a study of migrant and resident populations of Canada geese in the Flyway. This study uses neck-collaring and observations to estimate Canada goose survival, population size and movement. This study was begun in 1990 and will end in 1994.

The Service, other federal land management agencies, state and municipal land management agencies and individual land-owners manage land to benefit the Atlantic and Southern James Bay Populations of Canada geese. Resident Population geese also benefit indirectly from this management.

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C. Goose Management in New Jersey

Canada geese from the Atlantic Population and the Resident Population are found in New Jersey. The Resident Population is estimated to contain 50,000 birds during the late summer and early fall. Most of these birds reside in New Jersey throughout the year; however, some of these birds migrate to Maryland and Virginia, especially during winters with large amounts of snow and ice. An unknown number of Resident Population geese from Massachusetts, New York, Pennsylvania and Vermont make a similar migration to winter in New Jersey. An unknown number of Atlantic Population geese also winter in New Jersey. As many as 130,000 Canada geese have been counted in New Jersey during the annual Midwinter Waterfowl Survey conducted in January.

The Division is an active member of the Atlantic Waterfowl Council. The Division conducts annual Mid-November Goose Surveys, Mid-winter Waterfowl Surveys and Breeding Population Surveys. The Division participates in all Atlantic Flyway studies of Canada geese. In addition, the Division is obtaining baseline data on Resident Population geese. Studies of nesting, survival, movements and morphology have been completed. These studies guide management decisions concerning Resident Population geese and provide for evaluation of these management actions. The Division has proposed a special September Canada goose hunting season, through which it is hoped that the Resident Population geese will be reduced.

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D. Goose Bioloqy

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Atlantic Population Canada geese breed in subarctic and boreal forest areas and winter in New Jersey. These birds have a short period of time to produce young on their northern breeding grounds. Late snowstorms in the spring and early freezes and storms in the summer can partially or completely eliminate the young. In fact, poor weather has resulted in poor production in the Atlantic Population since the 1985 breeding season. Also it takes at least 3 years before an Atlantic Population goose becomes sexually mature.

Annual survival rates of adult Atlantic Population geese have dropped below the level required to maintain the population. Goose biologists are concerned that these low survival rates have reduced the average life span of these geese, preventing them from reaching reproductive age.

Resident Populations of Canada geese, such as occur in New Jersey are composed primarily of 2 races, Branta canadensis maxima and Branta canadensis moffetti. Both races are large geese, which traditionally migrate short distances, if at all. These birds have adapted to living in close association with humans. Resident Population geese can mature sexually in 2 years. These geese are very successful in producing young in urban/suburban environments and their populations are increasing.

Resident Population geese survive at higher rates than do the Atlantic Population geese. In fact, the survival rate of immature Resident Population geese suggests an unharvested population. Population models project a doubling within 12 years in the Resident Population of the Atlantic Flyway. With the 60` harvest restriction program put in place to protect Atlantic Population geese, the Resident Population may double in as little as 5 years. Given these disparities in survival, production and population trend between these two populations of Canada geese in New Jersey, it is important that hunting opportunities be directed primarily at Resident Population geese, that habitat management for Resident Population geese be discouraged (e.g. large lawns and creation of ponds), and that Resident Population production be discouraged. These recommendations represent the focus of the Community-based Canada Goose Management Plan.

III. Responsibilities When Addressing Canada Goose Depredation Problems

Canada geese are protected by both Federal and State law. At times they are also protected by county, township or municipal ordinances. It is the responsibility of any person or organization to determine what their responsibilities are under these various laws. However, there are numerous opportunities and processes available to the landowner to address problems with Canada geese.

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A. Harassing Canada Geese

It is permissible to harass Canada geese without a Federal or state permit, as long as these Reese are not touched or handled by a person or the agent of a person (e.q. a trained dog). A county, township or municipal permit may be required, and landowners wishing to chase Canada geese from their property should check with the appropriate local government agencies to determine their responsibilities before chasing Canada geese.

Care must be taken to assure that this harassment does not result in any migratory birds being hurt or touched. Particular care should be taken when dealing with flightless adults or goslings. Nesting Canada geese cannot be harassed or chased without a Federal/State permit.

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B. Hunting

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Any person possessing a valid state hunting license and both federal and state waterfowl hunting stamps may shoot Canada geese in areas open to waterfowl hunting during prescribed seasons. The regulations governing Canada goose hunting are published each year by the Division and may be obtained from the following address:

New Jersey Division of Fish, Game and Wildlife
CN400
Trenton, NJ 08625 (609/292-9410)

These regulations summarize the responsibilities of hunters.

Areas open to waterfowl hunting are limited by Service, Division, and county/township/municipal regulations, as well as by the wishes of property owners (posting and trespass laws). It is the responsibility of the hunter to determine whether hunting can occur on the property in question.

C. Federal and State Permits

A Federal and State permit is required to conduct any of the following activities:

1. capture Canada geese

2. relocate Canada geese

3. addle goose eggs or destroy eggs or nests

4. kill Canada geese outside the hunting season

This permit is called a Depredation Permit and the regulations governing these permits are found in the volume 50 of the Code of Federal Regulations and in the Title 23 Statutes Annotated. Both the Service and Division have regulatory authority over migratory birds and this Depredation Permit is co-signed by both the Service and Division.

After all practical non-lethal management methods have been exhausted, application can be made to the Service and Division for a Depredation Permit to destroy migratory birds or their nests, eggs, or young. Permits will only be considered if all non-lethal techniques have failed and if the problem warrants a Depredation Permit. A visit to the problem site by Division and ADC biologists is required. Non-lethal management techniques can be obtained at the following address:

State Director
U.S. Department of Agriculture
Animal and Plant Health Inspection Service
Animal Damage Control
RD#21, Box 360-C
Locust Grove Road
Pittstown, NJ 08867-9529 (908/735-5654)

The Service relies upon the recommendations of ADC when issuing any Depredation Permit, and recommends that applicants work closely with ADC in the development of their management programs and permit applications.

Appendix A contains a list of sources for bird control devices.

Appendix B contains descriptions of control methods.

 

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An application for a Depredation Permit is contained in Appendix C. This application should be submitted to the following address:

Permit Office
U.S. Fish and Wildlife Service
Law Enforcement Division
300 Westgate Center Dr.
Hadley, MA 01035-9589 (413/253-8567)

 

The complete application must include a clear statement of the problem and documentation of the techniques attempted with a description of results.

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IV. Community Based Management Plan

The Community-Based Goose Management Plan is an agreement between a county, township or municipal government with the authority to participate and enforce the required Procedures and Permitted Procedures section of this plan and Federal/State wildlife management agencies (Division, Service, and ADC). The Plan provides for cooperation in managing nuisance goose populations. The Plan outlines steps for the cooperator to follow to manage nuisance geese, and describes State of New Jersey and Federal responsibilities.

The cooperator will enter into a Cooperative Agreement (CA) with the ADC, Division, and Service. Division and ADC biologists will meet with the cooperator to design a management plan specific for the cooperator's needs. This management plan will be included in the CA, identifying specific cooperator and agency responsibilities. This management plan will include an evaluation section to assure that the objectives are accomplished under the CA within a reasonable period of time.

The Plan requires the cooperator to implement the following 4 procedures to follow to deter nuisance geese:

  1. Adopt and enforce a "No Feeding of Waterfowl" Ordinance.
  2. Support and Permit sport hunting wherever it is legal.
  3. Modify habitat to make property less attractive to geese.
  4. Harass geese using safe and legal abatement equipment and techniques.

The Plan describes 2 Permitted Procedures to be considered and mutually negotiated by all four parties:

  1. Reduce goose reproduction by treating goose eggs.
  2. Reduce local goose population by removing adult geese.

The cooperator may incorporate egg treatment (a Permitted Procedure) with the 4 Required Procedures. However, population reduction will be considered only after the cooperator has implemented and evaluated the four Required Procedures.

All material costs for the conduct of recommended procedures will be born by the cooperator. Agencies will provide information, demonstrations of techniques, supervision of some field operations, and guidance.

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A. Four Required Procedures

1. Adopt and Enforce a No Feeding ordinance.

Appendix D contains the necessary elements to include in a model anti-feeding ordinance. The cooperator will adopt and enforce this ordinance. Feeding of all waterfowl, wild and domestic, on both public and private property must be prohibited. A public

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education program should accompany the initiation of an anti-feeding ordinance to stimulate public interest, participation and support. An anti-feeding ordinance needs to be enforced and should have a penalty sufficient to deter this activity.

2. Support Goose Hunting.

Where legal, hunting should be encouraged during established hunting seasons in accordance with Federal, New Jersey and local laws and regulations. Hunting will serve to reduce local overpopulation of geese and will enhance the scaring effect of harassment techniques.

Cooperators should consider opening nontraditional areas such as parks, estates, golf courses and corporate facilities to sport hunting. Municipal ordinances should be reconsidered to permit hunting in these nontraditional areas. Hunting efforts should be directed at Resident Population Canada geese. Cooperators should consider their properties and work with the Division to develop all potential hunting opportunities.

3. Modify Habitat to Deter Geese.

Canada geese require upland and aquatic habitats for resting, feeding and breeding habitat. Habitat modification makes a property or area less suitable to geese and limits the number that can exist on the property or area.

Grass Management: Limit lawn sizes, let grass grow 10"-14", especially along shorelines. Limit the application of fertilizer on grass areas. Canada geese are reluctant to walk through high vegetation; tall grass management limits the number of geese that can use an area. Geese graze on grass. Grass that is frequently mowed and is fertilized is an excellent food (proteins and carbohydrates) for geese. Long, poorly-fertilized grass is a poor food for geese and is therefore much less attractive.

Landscape Plantings: Replace grasses with plants that are not palatable to geese and do not provide nesting or feeding habitat.

Barriers: Install Fencing or landscape barriers between water and feeding areas. Barriers are very effective when dealing with flightless geese (molting adults or goslings).

Limit Presence of Water: Limit construction of new ponds and lakes and discourage the clearing of wooded shorelines (ponds, lakes, rivers, streams, etc.).

Limit access to Water: Cover small bodies of water with grid systems or encircle with fencing. Use barriers, planting and grass management to reduce the attractiveness (feeding, loafing or breeding) of the area.

Land Use Regulation and Planning: Municipal planning boards and other regulatory authorities should work with developers and property owners to assure that landscapes exacerbating the goose problem are not developed within the area under control of the cooperator.

4. Harass Geese (Visual/Auditory)

Chase or harass geese from sensitive areas, using noise-makers wherever practical. Care must be taken to assure that any harassing or chasing

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does not result in these migratory birds being touched, captured, harmed or handled in any manner. Any activity involving the capturing, harm or handling of a migratorv bird requires both a federal and state Permit. Nesting geese cannot be harassed without a federal/state permit. Particular care should be taken when chasing flightless geese or goslings to assure that Federal and State law is not violated.

It may be necessary to issue a Depredation Permit to kill a limited number of geese to facilitate non-lethal harassment methods. The need for this type of permit will be considered on a case-by-case basis based upon the objectives of the management plan.

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B. Two Additional Procedures Requiring Permits

1. Reduce goose reproduction.

This procedure requires a Depredation Permit from the Service and Division to control goose reproduction. It is the responsibility of the Cooperator to obtain public approval and participation to conduct this part of the control program.

2. Remove Adult Geese.

This technique will be used only as a last resort, if the preceding 5 procedures listed above have been followed and have not been effective. The Cooperator will be responsible for all costs involved in this operation. The Cooperator should apply to the Service and Division for a Depredation Permit to remove geese from their area. This procedure would reduce the population to a level where the 5 procedures become effective.

Geese will only be moved to a area where hunting is permitted. If no suitable location can be found, the geese may have to be humanely destroyed. Manpower would be provided by the Cooperator and supervisory direction will be provided by Service, Division, and ADC. All costs will be born by the Cooperator. Geese will be removed during the summer flightless period (June).

The removal of geese will only be conducted after the cooperator has reached a consensus within its organization and a decision to support removal has been made by local government officials.

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C. Plan Implementation

The plan will outline specific steps to be taken by the cooperator regardinq these 4 Procedures. Once the plan is accepted by the cooperator and the CA is signed, it is the cooperators responsibility to implement the 4 required procedures.

D. Monitoring of Progress

Six months after the Cooperator's adoption of the Community-Based goose management plan, a follow-up meeting will be held between the Cooperator and the ADC State Director to review progress and recommendations. A letter will be written from ADC to the Cooperator, and circulated among the management agencies to document progress. This meeting will include a field inspection. Additionally, documents such as the municipal antifeeding ordinance, municipal board meeting minutes, and correspondence should be available for review. These items should document the Cooperator's progress in developing the anti-feeding ordinance, in working with developers to discourage the creation of additional areas

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that will be attractive to geese, in working with local property owners to provide additional goose hunting opportunities, as well as other activities conducted pursuant to the CA. ADC will provide the Service, Division and Cooperator with a report documenting progress, deficiencies, and additional management recommendations.

At some unspecified time an unannounced visit will be made to the Cooperator by the Division and ADC to survey control applications and their effectiveness. A brief report of findings will be provided to the Cooperator. If problems are identified or failure to comply with required procedures is noted, corrective actions will be recommended and monitored.

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V. APPENDICES

 

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APPENDIX A:

SOURCES OF SUPPLY

Devices and materials sold for preventing and/or discouraging Canada goose problems. The information is not necessarily complete; nor is it an endorsement by the U. 5. Department of Agriculture of a product or technique. Registration is not required for mechanical devices, such as exploders and traps.

Automatic Exploders. These are machines that ignite acetylene or propane gas to produce loud explosions at regular intervals. Acetylene is produced by dripping water on a calcium carbide (marked acts); or, is obtained from a tank of compressed acetylene gas (marked ''A.). Some machines also will operate on propane gas (marked "LP"). Most machines are stationary with some firms having a revolving model (marked .,REV'.). Machines are not injurious to birds, but the loud reports may be objectionable in residential areas.

Wildlife Control, A Division of Margo Supplies, Ltd., Site 20, Box 11, R.R. #6, Calgary, Alberta T2M 4L5 (LP, REV) (403)285-9731.

Exploding shotgun Shells. This is a 12-gauge shotgun shell (except as noted) containing a king-sized firecracker (instead of pellets) that is projected a distance of 75 to 150 yards or more. The pistol type has a range of 25 yards or more.

Friqhteninq Devices

Balloons. Red helium filled balloons, tethered 50 feet in the air, have shown repellency for waterfowl (and to a degree for various blackbird types).

Mylar Tape.

_________________

Adapted from Bird Control Devices Sources of Supply Leaflet, United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control Program, P.O. Box 97, Albany, NY 12202 (518/472-6492)

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Bird Control Companies: These companies specialize in bird damage control and carry an assortment of bird control devices.

NOTE: Local sources of supply may be found in the yellow pages or through area pest control firms.

Listing of these products does not indicate endorsement by the U.S. Department of Agriculture

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APPENDIX B:
 
Nuisance Canada Goose Control Leaflet
United States Department of Agriculture
Animal and Plant Health Inspection Service
Animal Damage Control Program (ADC)
RD#1, Box 148-A
Pleasant Plains Road
Basking Ridge, New Jersey 07920
(201) 425-4109

_________________________________________________________________

NUISANCE CANADA GOOSE CONTROL

Canada geese are a valuable natural resource and a source of recreation to the general public, bird watchers, hunters, and others. These geese, like all native waterfowl in the U.S., are protected by the Migratory Bird Treaty Act and State law. Under these laws, it is illegal to hunt, kill, sell, purchase, or possess migratory birds or their parts (feathers, nests, eggs, etc.) except as permitted by regulations adopted by the Secretary of the Interior.

Of all the waterfowl, geese are particularly opportunistic and can easily become accustomed to people. In many areas of the northeastern United States, Canada goose populations have increased dramatically because of landscaping techniques that provide expanses of short grass, combined with lack of natural predators, absence of waterfowl hunting, and free handouts of food by some residents. Flocks of non-migrating Canada geese have become established throughout much of New England and the mid-Atlantic states, especially New Jersey and Long Island.

Although most people find a few geese acceptable, problems quickly develop when numbers increase when young birds return to their nesting areas year after year. Frequently, this results in overgrazed, denuded suburban lawns, undesirable accumulations of droppings and feathers, and the fouling of reservoirs, swimming facilities, beaches, lawns, and golf courses.

Since geese require fresh water for resting and nesting, and tender young grass and other succulent vegetation for feeding, the plentiful well-manicured lawns of our neighborhoods, corporate business areas, parks, and golf courses provide excellent habitat for these grazing birds.

There are a number of techniques that are effective in discouraging Canada geese from settling in your area. Importantly, these methods should be used in combination with one another, since geese will quickly become accustomed to any single technique. Initiate all goose control techniques as soon as you notice geese in your area. Once geese become established, they become more tolerant of disturbances, and are reluctant to leave. Persistent application of a combination of methods yields the best results. The control techniques described in this leaflet are supported by research that documents their effectiveness. Other techniques, such as owl or swan decoys, have not been shown to be effective in deterring geese.

Discontinue Feeding

Stop all feeding of ducks and geese, both wild and domestic, that inhabit lawns, parks, and other properties, and that range freely throughout the area. Well-fed domestic "park ducks" serve as decoys for wild birds, and cause large numbers of wild geese and ducks to congregate in unnatural concentrations. Wild geese are very capable of finding natural foods, and will survive quite nicely without handouts from humans. Once feeding by humans is discontinued, geese will revert back to the better-quality natural foods. In most instances, they will move elsewhere. Feeding must cease before any of the following techniques will be effective. Many towns in New York and New Jersey

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have passed local ordinances that make feeding of waterfowl a misdemeanor, with provisions for fines for persistent violators. Attend public meetings of your local government and investigate this option.

Sport Hunting

Where safe and legal, hunting should be encouraged during established hunting seasons in accordance with Federal/State/ and local laws and regulations. Canada geese are not threatened or endangered. Contact your state's wildlife management agency to determine the season dates, bag limits, and regulations that govern waterfowl hunting in your area. Hunting seasons for geese generally begin in October and lasts for approximately 70 days. All waterfowl hunters are required to possess a State hunting license and waterfowl stamp, and a Federal Migratory Bird Stamp. Before hunting, check local ordinances regarding the discharge of firearms.

Diminish Attractive Factors

Geese are grazers, and require short, green grass for food. Where grass is allowed to grow long, geese will cease to feed. Wherever possible, allow grass to grow longer along water bodies so that it is unpalatable to geese. This also discourages new growth. Because geese will feed on the seed heads of taller grass, especially during late summer and autumn, it is important to mow grass at that time of the year before seed heads appear. Along water edges, plant less attractive vegetation than grass, such as pachysandra, periwinkle, and euonymus.

Geese prefer to build their nests on islands, peninsulas, and undisturbed grounds. During landscaping, do not create small islands or peninsulas in ponds; where these features already exist, consider changes to make these areas unavailable to waterfowl.

Geese prefer to land and take off from bodies of water, and walk up on to land to rest and feed. To diminish the attractiveness of a lake or pond, construct a grid of suspended wires over the water to deny the birds. access to the surface. Grids can be made of single strands of #14 wire or 80-100 pound monofilament line arranged in 10-15 foot squares. Each wire must be secured so that it remains 12-18~' above the water surface. This method does not work well on ducks, but has been effective in keeping geese off lakes and ponds.

Install Fencing

Geese prefer to land on water and walk up onto adjacent grassy areas to feed and rest. Perhaps the most effective tools for controlling goose movement are fences, hedge rows, and other physical barriers. All fences should completely enclose the site, with no breaks for geese to sneak through. To be effective, fences need only be about 18~' tall and solidly constructed. Chicken wire fencing of 2" mesh is durable and will last years. Less expensive plastic and nylon netting is also available, but will probably have to be replaced more often. Some homeowners have found that a fence made of two parallel monofilament fish lines (20 pound test) strung 6" and 12" above ground level and secured by stakes (6' intervals) is quite successful in excluding geese. Fences may be beautified or hidden by planting hedges of boxwood or privet.

Use Balloons

Canada geese are reluctant to linger beneath an object hovering above them. Large balloons, 30" in diameter, filled with helium, and tethered on a 40-50 foot monofilament fishing line (50-70 pound test) will keep geese from feeding and resting on lawns. Balloons should be located where they will not become entangled with tree branches, power lines, etc. One balloon will suffice for each 5 acres of open lawn. Use light colored balloons if geese are present at

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dusk/dawn. Large eyespots, located so that two are always visible from any direction, will increase a balloon's effectiveness.

Periodic relocation of balloons is recommended. Eye-spot balloons may be "home-made" from party balloons, or may be purchased ready made from sources listed in the accompanying leaflet, "Bird Control Devices, Sources of Supply."

Install Scarecrows

scarecrows are a traditional method of controlling birds. They do not have to accurately resemble human form, but some part of the scarecrow should move. A loose sack of straw or a plastic streamer or flag that rustles and moves in the breeze may discourage geese, if properly placed in the problem area and periodically relocated. Red/orange or black plastic trash bags can be cut into 2' x 3' sheets and attached to wood laths or poles. Place the pole or stake in the ground at an angle, so the flag moves in even the slightest breeze. Flags can be placed on your lawn or along the water's edge (1 per 25' linear feet of frontage).

Use Bird Scaring Reflecting Tape

Bird scaring reflecting tape is a very thin mylar tape that reflects sunlight to produce a flashing effect. When a breeze causes the tape to stretch, it pulsates and produces a loud, humming noise that repels birds. This product comes in either 1/2" or 6' width rolls. To discourage geese from walking up onto lawns from the water, string reflective tape along the water's edge. To ensure maximum reflection and noise production, leave some slack in the tape and twist the material as you string it from stake to stake.

Discharge shellcrackers

Shellcrackers are special shells fired from a 12-gauge shotgun that project a firecracker up to 100 yards. Check local and state regulations governing possession of firearms and their discharge. Obtain all necessary permits before employing this technique. A Federal permit is not necessary to harass waterfowl as long as the bird is not injured or killed, and is not nesting. Using shellcrackers when geese first come into an area can persuade them to go elsewhere.

Geese may also be discouraged from an area through use of other pyrotechnics, such as screamer sirens, bird-bangers, and whistle bombs. These devises are fired from a relatively inexpensive (approximately 525) hand-held 15 mm. pistol, and have a range of 25-30 yards. In some states, this equipment may be considered a hand gun, and its purchase and use are regulated. Check with your local/state law enforcement agencies.

Use Automatic Exploders

Automatic exploders are machines that ignite acetylene or propane gas to produce loud explosions at timed intervals. When properly employed, these machines can scare geese off areas when the landowner is not around to use shellcrackers or other pyrotechnics. A permit may be required to use automatic exploders, since there is some fire hazard and they create very loud noises. Check for local noise control ordinances. Best results are achieved when the machine is relocated around the property every 3-5 days. Explosions should be discontinued once geese have left the area.

Control Goose Nesting

Like many bird species, geese prefer to return to the site where they were hatched to raise their own young. Over time, this results in increasing numbers of geese in areas that once supported only a handful of these birds. Local populations of geese may be controlled if property owners would prevent

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geese from nesting. Since geese are protected by state and Federal laws, a permit is required before a property owner can disrupt goose eggs or nests. Permits are administered by the U.S. Fish and Wildlife Service (USFWS), and the State wildlife management agency must co-sign the permit. Before a permit is issued, the applicant must demonstrate that he/she has employed the nonlethal/habitat management techniques described herein, and that they have not been successful in controlling goose damage to his property. Contact the USFWS regional office to learn more about the permitting process: U.S. Fish and Wildlife Service, Division of Law Enforcement, 300 Westgate Center Drive, Hadley, MA 02158, (413)253-8567

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APPENDIX C: Application for Federal Fish and Wildlife License/Permit

NOTICE

In accordance with the Privacy Act of 1974 (PL 93-579) please be advised that:

1. The gathering of information on fish and wildlife is authorized by: (a) Bald Eagle Protection Act (16 U.S.C. 663a), (b) Endangered Species Act of 1973 (16 U.S.C. 1539), (c) Migratory Bird Treaty Act (16 U.S.C. 703711), (D) Marine Mammal Protection Act of 1972 (16 U.S.C. 1371-1383), (e) Lacey Act (18 U.S.C. 42 & 44), (f) Tariff Classification Act of 1962 (19 U.8.C. 1202), and (g) Title 50 Part 13, of the Code of Federal Regulations.

2. The disclosure of the requested information is required in order to process applications for licenses or permits authorized under the above acts. With the exception of your social security number, failure to disclose all of the requested information may be sufficient cause for the U.S. Fish and Wildlife Service to deny you a permit.

3. Applications for licenses or permits authorized under the Endangered Species Act of 1973 (16 U.S.C. 1539) and the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371-1383) will be published in the Federal Register as required by the two acts.

4. In the event there is indicated a violation of a statute, regulation, rule, order, or license, whether civil, criminal, or regulatory in nature, the requested information may be transferred to the appropriate Federal, State, local, or foreign agency charged with investigating or prosecuting such violations.

5. In the event of litigation involving the records or the subject matter of the records, the requested information may be transferred to the U.S. Department of Justice

INFORMATION - DEPREDATION (SECTION 21.41)

IN ORDER TO EXPEDITE THE PROCESSING OF YOUR APPLICATION FOR A DEPREDATION PERMIT, MARE SURE YOU INCLUDE THE FOLLOWING INFORMATION WITH YOUR COMPLETED FISH AND WILDLIFE LICENSE/PERMIT APPLICATION, FORM 3-200.

SUBMIT ALL REQUESTED INFORMATION TO:

U.S. FISH AND WILDLIFE SERVICE
DIVISION OF LAW ENFORCEMENT
300 WESTGATE CENTER DRIVE
HADLEY, MA 01035-9589
TELEPHONE NUMBER: (413) 253-8567

Indicate if you have contacted the Animal Damage Control office within the Department of Agriculture. Supply the following information:

a. Date contacted.
B. Name and title of person contacted.
C. His/her recommended action.

2. List the species of migratory birds involved. Indicate the estimated number involved.

3. Identify the specific damage being caused. Explain any health hazards that are involved.

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4. Give an estimate of economic cost suffered as a result of the migratory bird depredation.

5. List the non-lethal control techniques or actions that have been tried to alleviate the problem.

6. Identify the specific activity to be permitted, including the number of each species and the specific method (s) to be used.

7. Supply the names of all parties that would be actively involved in this depredation control activity. Include any commercial companies you may have contracted, if they will be conducting the actual depredation control activities.

8. List the exact location where the depredation control activity will be conducted, address and/or legal description.

9. Identify the location where records will be kept.

10. Supply a copy of your State license authorizing requested authority, if applicable.

11. List the telephone number, including area code where you can be reached between 8:00 am and 5:00 pm

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[signoff]

4. That the NJDFGW, WS and FWS will enter into Cooperative Agreements with three to six local government entities to implement and evaluate the "Community Based Management Plan for Canada Geese" in New Jersey. These agencies will provide technical and operational assistance to these local government entities, including a specific management plan and the federal/state permits necessary to implement these management plans. The local government entity will provide manpower and funds to implement these management plans.

5. To meet at least annually to review this agreement and program, identify problems and exchange information.

ARTICLE 4

All animal damage control activities will be conducted in accordance with applicable federal, state and local laws and regulations.

ARTICLE 5

This MOU defines in general terms, the basis on which the parties will cooperate, and does not constitute a financial obligation to serve as a basis for expenditures. Request for technical, operational, or research assistance which require cooperative or reimbursable funding will be completed under a separate agreement.

ARTICLE 6

Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this MOU, or to any benefit to arise therefrom.

ARTICLE 7

This MOU shall become effective upon the date of final signature and shall continue for 3 years (36 months) thereafter. This MOU may be amended at any time by mutual agreement of the parties in writing. It may be terminated by any party upon 60 days advance written notice to the other parties.

 

____________________________________________
Director
New Jersey Division of Fish, Game and Wildlife

______________________________________________

Regional Director, Eastern Region
Animal and Plant Health Inspection Services
Wildlife Services

 

_____________________________________________

Regional Director, Region 5
U.S. Fish and Wildlife Service
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APPENDIX D:

1. Statement of Purpose

Elements for a Model Anti-feeding Ordinance

to prevent such conduct that may attract and concentrate migratory and domestic waterfowl to properties in... it has been determined that the presence of large numbers of waterfowl cause a public health nuisance by contaminating drinking water supplies, beaches, swimming facilities, etc..

2. Definitions

Migratory Waterfowl--ducks, geese and swans native to North America Domestic Waterfowl--Non-native ducks, geese and swans not retained in agricultural operations. Feed or Feeding--The act of or the furnishing of food or other sustenance which is essential for growth or maintenance of waterfowl.

3. Prohibition of Feeding

No person shall feed, cause to be fed or provide food for domestic or migratory waterfowl in lands, either privately or publicly owned. No person shall create or foster any condition, or allow any condition to exist or continue, which results in a congregation or congestion of domestic or migratory waterfowl.

4. Enforcement

The Police Department and members of the Department of Health/Parks and Recreation are hereby authorized and directed to enforce this Ordinance.

5. Violations and Penalties

Persons found to be violating any provisions of this ordinance shall be first given a written warning, which shall be filed with the (appropriate government agency). Any subsequent violations of the Ordinance shall be punishable by imposition of a fine not to exceed

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