This memorandum of understanding (MOU) is entered into between the Bureau of Ocean Energy Management (BOEM), the Bureau of Safety and Environmental Enforcement (BSEE), and the U.S. Fish and Wildlife Service (USFWS)

BOEM, BSEE, and USFWS, collectively referred to as the Parties, have entered into this MOU to ensure effective implementation of Executive Order (EO) 13186, Responsibilities of Federal Agencies to Protect Migratory Birds (66 FR 3853, 17 January 2001). This EO directs executive departments and agencies to take certain actions in furtherance of the purposes of the migratory bird conventions, the Migratory Bird Treaty Act (MBTA) (16 U.S.C. §§ 703–712), the Bald and Golden Eagle Protection Act (16 U.S.C. §§ 668–668d), the Endangered Species Act of 1973 (16 U.S.C. §§ 1531–1544), the National Environment Policy Act of 1969 (NEPA) (42 U.S.C. §§ 4321–4347), and other pertinent statutes. Specifically, section 3 of this EO calls on all Federal agencies that take actions that may have, or are likely to have, a measurable negative effect on migratory bird populations to develop and implement a MOU (including specific requirements) with USFWS that will promote the conservation of migratory bird populations. In furtherance of this task, the Parties commit to cooperate with each other, identify areas that warrant special attention for shared efforts, and specify mechanisms for cooperation. This MOU does not waive legal requirements under the MBTA or any other statute or convention and does not authorize the take of migratory birds.