50 Cfr 10, 13, 21, 22

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Title 50: Wildlife and Fisheries
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PART 10—GENERAL PROVISIONS

Section Contents

Subpart A—Introduction
§ 10.1
§ 10.2
§ 10.3
§ 10.4

Purpose of regulations.
Scope of regulations.
Other applicable laws.
When regulations apply.
Subpart B—Definitions

§ 10.11 Scope of definitions.
§ 10.12 Definitions.
§ 10.13 List of Migratory Birds.
Subpart C—Addresses
§ 10.21 Director.
§ 10.22 Law enforcement offices.

Authority: 18 U.S.C. 42; 16 U.S.C. 703–712; 16 U.S.C. 668a–d; 19 U.S.C. 1202, 16 U.S.C.
1531–1543; 16 U.S.C. 1361–1384, 1401–1407; 16 U.S.C. 742a–742j-l; 16 U.S.C. 3371–3378.
Source: 38 FR 22015, Aug. 15, 1973, unless otherwise noted.
Subpart A—Introduction
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§ 10.1 Purpose of regulations.
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The regulations of this Subchapter B are promulgated to implement the following statutes enforced by
the U.S. Fish and Wildlife Service which regulate the taking, possession, transportation, sale, purchase,
barter, exportation, and importation of wildlife:

Lacey Act, 18 U.S.C. 42.

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Lacey Act Amendments of 1981, 16 U.S.C. 3371–3378.
Migratory Bird Treaty Act, 16 U.S.C. 703–712.
Bald and Golden Eagle Protection Act, 16 U.S.C. 668a–668d.
Endangered Species Act of 1973, 16 U.S.C. 1531–1543.
Tariff Classification Act of 1962, 19 U.S.C. 1202, [Schedule 1, Part 15D, Headnote 2(d),
T.S.U.S.].
Fish and Wildlife Act of 1956, 16 U.S.C. 742a–742j–l.
Marine Mammal Protection Act of 1972, 16 U.S.C. 1361–1384, 1401–1407.
[38 FR 22015, Aug. 15, 1973, as amended at 53 FR 6649, Mar. 2, 1988]

§ 10.2 Scope of regulations.
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The various parts of this subchapter B are interrelated, and particular note should be taken that the parts
must be construed with reference to each other.

§ 10.3 Other applicable laws.
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No statute or regulation of any State shall be construed to relieve a person from the restrictions,
conditions, and requirements contained in this subchapter B. In addition, nothing in this subchapter B,
nor any permit issued under this subchapter B, shall be construed to relieve a person from any other
requirements imposed by a statute or regulation of any State or of the United States, including any
applicable health, quarantine, agricultural, or customs laws or regulations, or other Service enforced
statutes or regulations.

§ 10.4 When regulations apply.
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The regulations of this subchapter B shall apply to all matters arising after the effective date of such
regulations, with the following exceptions:
(a) Civil penalty proceedings. Except as otherwise provided in §11.25, the civil penalty assessment
procedures contained in this subchapter B shall apply only to any proceeding instituted by notice of
violation dated subsequent to the effective date of these regulations, regardless of when the act or
omission which is the basis of a civil penalty proceeding occurred.
(b) Permits. The regulations in this subchapter B shall apply to any permit application received after the
effective date of the appropriate regulations in this subchapter B and, insofar as appropriate, to any
permit which is renewed after such effective date.
[38 FR 22015, Aug. 15, 1973, as amended at 39 FR 1159, Jan. 4, 1974]

Subpart B—Definitions

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§ 10.11 Scope of definitions.
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In addition and subject to definitions contained in applicable statutes and subsequent parts or sections
of this subchapter B, words or their variants shall have the meanings ascribed in this subpart.
Throughout this subchapter B words in the singular form shall include the plural, words in the plural form
shall include the singular, and words in the masculine form shall include the feminine.

§ 10.12 Definitions.
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Aircraft means any contrivance used for flight in the air.
Amphibians means a member of the class, Amphibia, including, but not limited to, frogs, toads, and
salamanders; including any part, product, egg, or offspring thereof, or the dead body or parts thereof
(excluding fossils), whether or not included in a manufactured product or in a processed food product.
Animal means an organism of the animal kingdom, as distinguished from the plant kingdom; including
any part, product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether
or not included in a manufactured product or in a processed food product.
Birds means a member of the class, Aves; including any part, product, egg, or offspring thereof, or the
dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a
processed food product.
Country of exportation means the last country from which the animal was exported before importation
into the United States.
Country of origin means the country where the animal was taken from the wild, or the country of natal
origin of the animal.
Crustacean means a member of the class, Crustacea, including but not limited to, crayfish, lobsters,
shrimps, crabs, barnacles, and some terrestrial forms; including any part, product, egg, or offspring
thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured
product or in a processed food product.
Director means the Director of the United States Fish and Wildlife Service, Department of the Interior, or
his authorized representative.
Endangered wildlife means any wildlife listed in §17.11 or §17.12 of this subchapter.
Fish means a member of any of the following classes:
(1) Cyclostomata, including, but not limited to, hagfishes and lampreys;
(2) Elasmobranchii, including but not limited to, sharks, skates, and rays; and
(3) Pisces, including but not limited to trout, perch, bass, minnows, and catfish; including any part,
product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not
included in a manufactured product or in a processed food product.
Fish or wildlife means any wild animal, whether alive or dead, including without limitation any wild

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mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other
invertebrate, whether or not bred, hatched, or born in captivity, and including any part, product, egg, or
offspring thereof.
Foreign commerce includes, among other things, any transaction (1) between persons within one foreign
country, or (2) between persons in two or more foreign countries, or (3) between a person within the
United States and a person in one or more foreign countries, or (4) between persons within the United
States, where the fish or wildlife in question are moving in any country or countries outside the United
States.
Fossil means the remains of an animal of past geological ages which has been preserved in the earth's
crust through mineralization of the object.
Import means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into
any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or
introduction constitutes an importation within the meaning of the tariff laws of the United States.
Injurious Wildlife means any wildlife for which a permit is required under subpart B of part 16 of this
subchapter before being imported into or shipped between the continental United States, the District of
Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States.
Mammal means a member of the class, Mammalia; including any part, product, egg, or offspring, or the
dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a
processed food product.
Migratory bird means any bird, whatever its origin and whether or not raised in captivity, which belongs
to a species listed in §10.13, or which is a mutation or a hybrid of any such species, including 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.
Migratory game birds: See §20.11 of this subchapter.
Mollusk means a member of the phylum, Mollusca, including but not limited to, snails, mussels, clams,
oysters, scallops, abalone, squid, and octopuses; including any part, product, egg, or offspring thereof,
or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product
or in a processed food product.
Permit means any document designated as a “permit,” “license,” “certificate,” or any other document
issued by the Service to authorize, limit, or describe activity and signed by an authorized official of the
Service.
Person means any individual, firm, corporation, association, partnership, club, or private body, any one
or all, as the context requires.
Plant means any member of the plant kingdom, including seeds, roots and other parts thereof.
Possession means the detention and control, or the manual or ideal custody of anything which may be
the subject of property, for one's use and enjoyment, either as owner or as the proprietor of a qualified
right in it, and either held personally or by another who exercises it in one's place and name. Possession
includes the act or state of possessing and that condition of facts under which one can exercise his
power over a corporeal thing at his pleasure to the exclusion of all other persons. Possession includes
constructive possession which means not actual but assumed to exist, where one claims to hold by
virtue of some title, without having actual custody.
Public as used in referring to museums, zoological parks, and scientific or educational institutions, refers
to such as are open to the general public and are either established, maintained, and operated as a
governmental service or are privately endowed and organized but not operated for profit.
Reptile means a member of the class, Reptilia, including but not limited to, turtles, snakes, lizards,
crocodiles, and alligators; including any part, product, egg, or offspring thereof, or the dead body or parts
thereof, whether or not included in a manufactured product or in a processed food product.

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Secretary means the Secretary of the Interior or his authorized representative.
Service means the United States Fish and Wildlife Service, Department of the Interior.
Shellfish means an aquatic invertebrate animal having a shell, including, but not limited to, (a) an oyster,
clam, or other mollusk; and (b) a lobster or other crustacean; or any part, product, egg, or offspring
thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured
product or in a processed food product.
State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Virgin Islands, and Guam.
Take means 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.)
Transportation means to ship, convey, carry or transport by any means whatever, and deliver or receive
for such shipment, conveyance, carriage, or transportation.
United States means the several States of the United States of America, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam.
Whoever means the same as person.
Wildlife means the same as fish or wildlife.
[38 FR 22015, Aug. 15, 1973, as amended at 42 FR 32377, June 24, 1977; 42 FR 59358, Nov. 16,
1977; 45 FR 56673, Aug. 25, 1980; 50 FR 52889, Dec. 26, 1985]

§ 10.13 List of Migratory Birds.
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The following is a list of all species of migratory birds protected by the Migratory Bird Treaty Act (16
U.S.C. 703–711) and subject to the regulations on migratory birds contained in this subchapter B of title
50 CFR. The species listed are those protected by the Convention for the Protection of Migratory Birds,
August 16, 1916, United States-Great Britain (on behalf of Canada), 39 Stat. 1702, T.S. No. 628; the
Convention for the Protection of Migratory Birds and Game Mammals, February 7, 1936, United StatesMexico, 50 Stat. 1311, T.S. No. 912; the Convention for the Protection of Migratory Birds and Birds in
Danger of Extinction, and Their Environment, March 4, 1972, United States-Japan, 25 U.S.T. 3329,
T.I.A.S. No. 7990; and the Convention for the Conservation of Migratory Birds and Their Environment,
United States-U.S.S.R., November 26, 1976, 92 Stat. 3110, T.I.A.S. 9073, 16 U.S.C. 703, 712. The
species are listed two ways. In the first part of the List species are arranged alphabetically by English
(common) name groups, with the scientific name following the English (common) name. All species of
ducks are listed together under the heading “Ducks”. In the second part of the List, species are listed by
scientific name arranged in taxonomic order. Taxonomy and nomenclature follows the American
Ornithologists' Union's Check-list of North American Birds (6th Edition, 1983).

I. Alphabetical Listing
Accentor, Siberian, Prunella montanella
Albatross:
Black-footed, Diomedea nigripes
Laysan, Diomedea immutabilis

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Short-tailed, Diomedea albatrus
Yellow-nosed, Diomedea chlororhynchos
Anhinga, Anhinga anhinga
Ani:
Groove-billed, Crotophaga sulcirostris
Smooth-billed, Crotophaga ani
Auklet:
Cassin's, Ptychoramphus aleuticus
Crested, Aethia cristatella
Least, Aethia pusilla
Parakeet, Cyclorrhynchus psittacula
Rhinoceros, Cerorhinca monocerata
Whiskered, Aethia pygmaea
Avocet, American, Recurvirostra americana
Barn-Owl, Common, Tyto alba
Beardless-Tyrannulet, Northern, Camptostoma imberbe
Becard, Rose-throated, Pachyramphus aglaiae
Bittern:
American, Botaurus lentiginosus
Chinese, Ixobrychus sinensis
Least, Ixobrychus exilis
Schrenk's, Ixobrychus eurhythmus
Black-Hawk, Common, Buteogallus anthracinus
Blackbird:
Brewer's, Euphagus cyanocephalus
Red-winged, Agelaius phoeniceus
Rusty, Euphagus carolinus

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Tawny-shouldered, Agelaius humeralis
Tricolored, Agelaius tricolor
Yellow-headed, Xanthocephalus xanthocephalus
Yellow-shouldered, Agelaius xanthomus
Bluebird:
Eastern, Sialia sialis
Mountain, Sialia currucoides
Western, Sialia mexicana
Bluethroat, Luscinia svecica
Bobolink, Dolichonyx oryzivorus
Booby:
Blue-footed, Sula nebouxii
Brown, Sula leucogaster
Masked, Sula dactylatra
Red-footed, Sula sula
Brambling, Fringilla montifringilla
Brant, Branta bernicla
Bufflehead (see DUCKS)
Bullfinch:
Eurasian, Pyrrhula pyrrhula
Puerto Rican, Loxigilla portoricensis
Bunting:
Indigo, Passerina cyanea
Lark, Calamospiza melanocorys
Lazuli, Passerina amoena
McKay's, Plectrophenax hyperboreus
Painted, Passerina ciris

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Reed (see Reed-Bunting)
Rustic, Emberiza rustica
Snow, Plectrophenax nivalis
Varied, Passerina versicolor
Bushtit, Psaltriparus minimus
Canvasback (see DUCKS)
Caracara, Crested, Polyborus plancus
Cardinal, Northern, Cardinalis cardinalis
Carib, Green-throated, Eulampis holosericeus
Catbird, Gray, Dumetella carolinensis
Chat, Yellow-breasted, Icteria virens
Chickadee (see Tit):
Black-capped, Parus atricapillus
Boreal, Parus hudsonicus
Carolina, Parus carolinensis
Chestnut-backed, Parus rufescens
Mexican, Parus sclateri
Mountain, Parus gambeli
Chuck-will's-widow, Caprimulgus carolinensis
Condor, California, Gymnogyps californianus
Coot:
American, Fulica americana
Caribbean, Fulica caribaea
Eurasian, Fulica atra
Cormorant:
Brandt's, Phalacrocorax penicillatus
Double-crested, Phalacrocorax auritus

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Great, Phalacrocorax carbo
Olivaceous, Phalacrocorax olivaceus
Pelagic, Phalacrocorax pelagicus
Red-faced, Phalacrocorax urile
Cowbird:
Bronzed, Molothrus aeneus
Brown-headed, Molothrus ater
Shiny, Molothrus bonariensis
Crake:
Corn, Crex crex
Yellow-breasted, Porzana flaviventer
Crane:
Common, Grus grus
Sandhill, Grus canadensis
Whooping, Grus americana
Creeper, Brown, Certhia americana
Crossbill:
Red, Loxia curvirostra
White-winged, Loxia leucoptera
Crow:
American, Corvus brachyrhynchos
Fish, Corvus ossifragus
Hawaiian, Corvus hawaiiensis
Mexican, Corvus imparatus
Northwestern, Corvus caurinus
White-necked, Corvus leucognaphalus
Cuckoo:

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Black-billed, Coccyzus erythropthalmus
Common, Cuculus canorus
Hawk (see Hawk-Cuckoo)
Lizard (see Lizard-Cuckoo)
Mangrove, Coccyzus minor
Oriental, Cuculus saturatus
Yellow-billed, Coccyzus americanus
Curlew (see Whimbrel):
Bristle-thighed, Numenius tahitiensis
Eskimo, Numenius borealis
Far Eastern, Numenius madagascariensis
Least, Numenius minutus
Long-billed, Numenius americanus
Dickcissel, Spiza americana
Dipper, American, Cinclus mexicanus
Dotterel, Eurasian, Charadrius morinellus
Dove:
Ground (see Ground-Dove)
Inca, Columbina inca
Mourning, Zenaida macroura
Quail (see Quail-Dove)
White-tipped, Leptotila verreauxi
White-winged, Zenaida asiatica
Zenaida, Zenaida aurita
Dovekie, Alle alle
Dowitcher:
Long-billed, Limnodromus scolopaceus

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Short-billed, Limnodromus griseus
Ducks
American Black Duck, Anas rubripes
Bufflehead, Bucephala albeola
Canvasback, Aythya valisineria
Eider:
Common, Somateria mollissima
King, Somateria spectabilis
Spectacled, Somateria fischeri
Steller's, Polysticta stelleri
Gadwall, Anas strepera
Garganey, Anas querquedula
Goldeneye:
Barrow's, Bucephala islandica
Common, Bucephala clangula
Harlequin Duck, Histrionicus histrionicus
Hawaiian Duck, Anas wyvilliana
Laysan Duck, Anas laysanensis
Mallard, Anas platyrhynchos
Masked Duck, Oxyura dominica
Merganser
Common, Mergus merganser
Hooded, Lophodytes cucullatus
Red-breasted, Mergus serrator
Mottled Duck, Anas fulvigula
Oldsquaw, Clangula hyemalis
Pintail:

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Northern, Anas acuta
White-cheeked, Anas bahamensis
Pochard:
Baer's, Aythya baeri
Common, Aythya ferina
Redhead, Aythya americana
Ring-necked Duck, Aythya collaris
Ruddy Duck, Oxyura jamaicensis
Scaup:
Greater, Aythya marila
Lesser, Aythya affinis
Scoter:
Black, Melanitta nigra
Surf, Melanitta perspicillata
White-winged, Melanitta fusca
Shoveler, Northern, Anas clypeata
Smew, Mergellus albellus
Teal:
Baikal, Anas formosa
Blue-winged, Anas discors
Cinnamon, Anas cyanoptera
Falcated, Anas falcata
Green-winged, Anas crecca
Tufted Duck, Aythya fuligula
Whistling-Duck:
Black-bellied, Dendrocygna autumnalis
Fulvous, Dendrocygna bicolor

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West Indian, Dendrocygna arborea
Wigeon:
American, Anas americana
Eurasian, Anas penelope
Wood Duck, Aix sponsa
End of Ducks
Dunlin, Calidris alpina
Eagle:
Bald, Haliaeetus leucocephalus
Golden, Aquila chrysaetos
Sea (see Sea-Eagle)
White-tailed, Haliaeetus albicilla
Egret:
Cattle, Bubulcus ibis
Chinese, Egretta eulophotes
Great, Casmerodius albus
Plumed, Egretta intermedia
Reddish, Egretta rufescens
Snowy, Egretta thula
Eider (see DUCKS)
Elaenia, Caribbean, Elaenia martinica
Emerald, Puerto Rican, Chlorostilbon maugaeus
Euphonia, Antillean, Euphonia musica
Falcon:
Aplomado, Falco femoralis
Peregrine, Falco peregrinus
Prairie, Falco mexicanus

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Fieldfare, Turdus pilaris
Finch:
Cassin's, Carpodacus cassinii
House, Carpodacus mexicanus
Purple, Carpodacus purpureus
Rosy, Leucosticte arctoa
Flamingo, Greater, Phoenicopterus ruber
Flicker, Northern, Colaptes auratus
Flycatcher:
Acadian, Empidonax virescens
Alder, Empidonax alnorum
Ash-throated, Myiarchus cinerascens
Brown-crested, Myiarchus tyrannulus
Buff-breasted, Empidonax fulvifrons
Dusky, Empidonax oberholseri
Dusky-capped, Myiarchus tuberculifer
Fork-tailed, Tyrannus savana
Gray, Empidonax wrightii
Gray-spotted, Muscicapa griseisticta
Great Crested, Myiarchus crinitus
Hammond's, Empidonax hammondii
Least, Empidonax minimus
Narcissus, Muscicapa narcissina
Nutting's, Myiarchus nuttingi
Olive-sided, Contopus borealis
Puerto Rican, Myiarchus antillarum
Scissor-tailed, Tyrannus forficatus

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Sulphur-bellied, Myiodynastes luteiventris
Vermilion, Pyrocephalus rubinus
Western, Empidonax difficilis
Willow, Empidonax traillii
Yellow-bellied, Empidonax flaviventris
Frigatebird:
Great, Fregata minor
Magnificent, Fregata magnificens
Lesser, Fregata ariel
Fulmar, Northern, Fulmarus glacialis
Gadwall (see DUCKS)
Gallinule, Purple, Porphyrula martinica
Gannet, Northern, Sula bassanus
Garganey (see DUCKS)
Gnatcatcher:
Black-capped, Polioptila nigriceps
Black-tailed, Polioptila melanura
Blue-gray, Polioptila caerulea
Godwit:
Bar-tailed, Limosa lapponica
Black-tailed, Limosa limosa
Hudsonian, Limosa haemastica
Marbled, Limosa fedoa
Golden-Plover, Lesser, Pluvialis dominica
Goldeneye (see DUCKS)
Goldfinch:
American, Carduelis tristis

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Lawrence's, Carduelis lawrencei
Lesser, Carduelis psaltria
Goose:
Barnacle, Branta leucopsis
Bean, Anser fabalis
Canada, Branta canadensis
Emperor, Chen canagica
Greater White-fronted, Anser albifrons
Hawaiian, Nesochen sandvicensis
Ross', Chen rossii
Snow, Chen caerulescens
Goshawk, Northern, Accipiter gentilis
Grackle:
Boat-tailed, Quiscalus major
Common, Quiscalus quiscula
Great-tailed, Quiscalus mexicanus
Greater Antillean, Quiscalus niger
Grasshopper-Warbler, Middendorff's, Locustella ochotensis
Grassquit:
Black-faced, Tiaris bicolor
Yellow-faced, Tiaris olivacea
Grebe:
Eared, Podiceps nigricollis
Horned, Podiceps auritus
Least, Tachybaptus dominicus
Pied-billed, Podilymbus podiceps
Red-necked, Podiceps grisegena

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Western, Aechmophorus occidentalis
Greenfinch, Oriental, Carduelis sinica
Greenshank, Common, Tringa nebularia
Grosbeak:
Black-headed, Pheucticus melanocephalus
Blue, Guiraca caerulea
Crimson-collared, Rhodothraupis celaeno
Evening, Coccothraustes vespertinus
Pine, Pinicola enucleator
Rose-breasted, Pheucticus ludovicianus
Yellow, Pheucticus chrysopeplus
Ground-Dove:
Common, Columbina passerina
Ruddy, Columbina talpacoti
Guillemot:
Black, Cepphus grylle
Pigeon, Cepphus columba
Gull:
Bonaparte's, Larus philadelphia
California, Larus californicus
Common Black-headed, Larus ridibundus
Franklin's, Larus pipixcan
Glaucous, Larus hyperboreus
Glaucous-winged, Larus glaucescens
Great Black-backed, Larus marinus
Heermann's, Larus heermanni
Herring, Larus argentatus

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Iceland, Larus glaucoides
Ivory, Pagophila eburnea
Laughing, Larus atricilla
Lesser Black-backed, Larus fuscus
Little, Larus minutus
Mew, Larus canus
Ring-billed, Larus delawarensis
Ross', Rhodostethia rosea
Sabine's, Xema sabini
Slaty-backed, Larus schistisagus
Thayer's, Larus thayeri
Western, Larus occidentalis
Yellow-footed, Larus livens
Gyrfalcon, Falco rusticolus
Harrier, Northern, Circus cyaneus
Hawfinch, Coccothraustes coccothraustes
Hawk:
Asiatic Sparrow, Accipiter gularis
Black (see Black-Hawk)
Broad-winged, Buteo platypterus
Cooper's, Accipiter cooperii
Ferruginous, Buteo regalis
Gray, Buteo nitidus
Harris', Parabuteo unicinctus
Hawaiian, Buteo solitarius
Red-shouldered, Buteo lineatus
Red-tailed, Buteo jamaicensis

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Rough-legged, Buteo lagopus
Sharp-shinned, Accipiter striatus
Short-tailed, Buteo brachyurus
Swainson's, Buteo swainsoni
White-tailed, Buteo albicaudatus
Zone-tailed, Buteo albonotatus
Hawk-Cuckoo, Hodgson's, Cuculus fugax
Hawk-Owl, Northern, Surnia ulula
Heron:
Great Blue, Ardea herodias
Green-backed, Butorides striatus
Little Blue, Egretta caerulea
Night (see Night-Heron)
Pacific Reef, Egretta sacra
Tricolored, Egretta tricolor
Hoopoe, Upupa epops
House-Martin, Common, Delichon urbica
Hummingbird (see Carib, Emerald, Mango, Starthroat, Woodstar, Violet-ear):
Allen's, Selasphorus sasin
Anna's, Calypte anna
Antillean Crested, Orthorhynchus cristatus
Berylline, Amazilia beryllina
Black-chinned, Archilochus alexandri
Blue-throated, Lampornis clemenciae
Broad-billed, Cynanthus latirostris
Broad-tailed, Selasphorus platycercus
Buff-bellied, Amazilia yucatanensis

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Calliope, Stellula calliope
Costa's, Calypte costae
Lucifer, Calothorax lucifer
Magnificent, Eugenes fulgens
Ruby-throated, Archilochus colubris
Rufous, Selasphorus rufus
Violet-crowned, Amazilia violiceps
White-eared, Hylocharis leucotis
Ibis:
Glossy, Plegadis falcinellus
Scarlet, Eudocimus ruber
White, Eudocimus albus
White-faced, Plegadis chihi
Jabiru, Jabiru mycteria
Jacana, Northern, Jacana spinosa
Jaeger:
Long-tailed, Stercorarius longicaudus
Parasitic, Stercorarius parasiticus
Pomarine, Stercorarius pomarinus
Jay:
Blue, Cyanocitta cristata
Brown, Cyanocorax morio
Gray, Perisoreus canadensis
Gray-breasted, Aphelocoma ultramarina
Green, Cyanocorax yncas
Pinyon, Gymnorhinus cyanocephalus
Scrub, Aphelocoma coerulescens

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Steller's, Cyanocitta stelleri
Junco:
Dark-eyed, Junco hyemalis
Yellow-eyed, Junco phaeonotus
Kestrel:
American, Falco sparverius
Eurasian, Falco tinnunculus
Killdeer, Charadrius vociferus
Kingbird:
Cassin's, Tyrannus vociferans
Couch's, Tyrannus couchii
Eastern, Tyrannus tyrannus
Gray, Tyrannus dominicensis
Loggerhead, Tyrannus caudifasciatus
Thick-billed, Tyrannus crassirostris
Tropical, Tyrannus melancholicus
Western, Tyrannus verticalis
Kingfisher:
Belted, Ceryle alcyon
Green, Chloroceryle americana
Ringed, Cyeryle torquata
Kinglet:
Golden-crowned, Regulus satrapa
Ruby-crowned, Regulus calendula
Kiskadee, Great, Pitangus sulphuratus
Kite:
American Swallow-tailed, Elanoides forficatus

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Black, Milvus migrans
Black-shouldered, Elanus caeruleus
Hook-billed, Chondrohierax uncinatus
Mississippi, Ictinia mississippiensis
Snail, Rostrhamus sociabilis
Kittiwake:
Black-legged, Larus tridactyla
Red-legged, Larus brevirostris
Knot:
Great, Calidris tenuirostris
Red, Calidris canutus
Lapwing, Northern, Vanellus vanellus
Lark, Horned, Eremophila alpestris
Limpkin, Aramus guarauna
Lizard-Cuckoo, Puerto Rican, Saurothera vieilloti
Longspur:
Chestnut-collared, Calcarius ornatus
Lapland, Calcarius lapponicus
McCown's, Calcarius mccownii
Smith's, Calcarius pictus
Loon:
Arctic, Gavia arctica
Common, Gavia immer
Red-throated, Gavia stellata
Yellow-billed, Gavia adamsii
Magpie:
Black-billed, Pica pica

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Yellow-billed, Pica nuttalli
Mallard (see DUCKS)
Mango:
Antillean, Anthracothorax dominicus
Green, Anthracothorax viridis
Martin:
Caribbean, Progne dominicensis
Cuban, Progne cryptoleuca
Gray-breasted, Progne chalybea
House (see House-Martin)
Purple, Progne subis
Meadowlark:
Eastern, Sturnella magna
Western, Sturnella neglecta
Merganser (see DUCKS)
Merlin, Falco columbarius
Mockingbird, Northern, Mimus polyglottos
Moorhen, Common, Gallinula chloropus
Murre:
Common, Uria aalge
Thick-billed, Uria lomvia
Murrelet:
Ancient, Synthliboramphus antiquus
Craveri's, Synthliboramphus craveri
Kittlitz's, Brachyramphus brevirostris
Marbled, Brachyramphus marmoratus
Xantus', Synthliboramphus hypoleucus

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Needletail, White-throated, Hirundapus caudacutus
Night-Heron:
Black-crowned, Nycticorax nycticorax
Japanese, Nycticorax goisagi
Malay, Nycticorax melanolophus
Yellow-crowned, Nycticorax violaceus
Nighthawk:
Antillean, Chordeiles gundlachii
Common, Chordeiles minor
Lesser, Chordeiles acutipennis
Nightjar:
Buff-collared, Caprimulgus ridgwayi
Jungle, Caprimulgus indicus
Puerto Rican, Caprimulgus noctitherus
Noddy:
Black, Anous minutus
Blue-gray, Procelsterna cerulea
Brown, Anous stolidus
Lesser, Anous tenuirostris
Nutcracker, Clark's, Nucifraga columbiana
Nuthatch:
Brown-headed, Sitta pusilla
Pygmy, Sitta pygmaea
Red-breasted, Sitta canadensis
White-breasted, Sitta carolinensis
Oldsquaw (see DUCKS)
Oriole:

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Altamira, Icterus gularis
Audubon's, Icterus graduacauda
Black-cowled, Icterus dominicensis
Black-vented, Icterus wagleri
Hooded, Icterus cucullatus
Northern, Icterus galbula
Orchard, Icterus spurius
Scott's, Icterus parisorum
Streak-backed, Icterus pustulatus
Osprey, Pandion haliaetus
Ovenbird, Seiurus aurocapillus
Owl:
Barn (see Barn-Owl)
Barred, Strix varia
Boreal, Aegolius funereus
Burrowing, Athene cunicularia
Elf, Micrathene whitneyi
Flammulated, Otus flammeolus
Great Gray, Strix nebulosa
Great Horned, Bubo virginianus
Hawk (see Hawk-Owl)
Long-eared, Asio otus
Pygmy (see Pygmy-Owl)
Saw-whet (see Saw-Whet Owl)
Screech (see Screech-Owl)
Short-eared, Asio flammeus
Snowy, Nyctea scandiaca

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Spotted, Strix occidentalis
Oystercatcher:
American, Haematopus palliatus
Black, Haematopus bachmani
Parula:
Northern, Parula americana
Tropical, Parula pitiayumi
Pauraque, Common, Nyctidromus albicollis
Pelican:
American White, Pelecanus erythrorhynchos
Brown, Pelecanus occidentalis
Petrel:
Black-capped, Pterodroma hasitata
Bonin, Pterodroma hypoleuca
Bulwer's, Bulweria bulwerii
Cook's, Pterodroma cookii
Dark-rumped, Pterodroma phaeopygia
Herald, Pterodroma arminjoniana
Kermadec, Pterodroma neglecta
Mottled, Pterodroma inexpectata
Murphy's, Pterodroma ultima
Storm (see Storm-Petrel)
White-necked, Pterodroma externa
Pewee:
Greater, Contopus pertinax
Lesser Antillean, Contopus latirostris
Wood (see Wood-Pewee)

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Phainopepla, Phainopepla nitens
Phalarope:
Red, Phalaropus fulicaria
Red-necked, Phalaropus lobatus
Wilson's, Phalaropus tricolor
Phoebe:
Black, Sayornis nigricans
Eastern, Sayornis phoebe
Say's, Sayornis saya
Pigeon:
Band-tailed, Columba fasciata
Plain, Columba inornata
Red-billed, Columba flavirostris
Scaly-naped, Columba squamosa
White-crowned, Columba leucocephala
Pintail (see DUCKS)
Pipit:
Pechora, Anthus gustavi
Red-throated, Anthus cervinus
Sprague's, Anthus spragueii
Tree (see Tree-Pipit)
Water, Anthus spinoletta
Plover:
Black-bellied, Pluvialis squatarola
Common Ringed, Charadrius hiaticula
Golden (see Golden-Plover)
Great Sand, Charadrius leschenaultii

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Little Ringed, Charadrius dubius
Mongolian, Charadrius mongolus
Mountain, Charadrius montanus
Piping, Charadrius melodus
Semipalmated, Charadrius semipalmatus
Snowy, Charadrius alexandrinus
Wilson's, Charadrius wilsonia
Pochard (see DUCKS)
Poorwill, Common, Phalaenoptilus nuttallii
Puffin:
Atlantic, Fratercula arctica
Horned, Fratercula corniculata
Tufted, Fratercula cirrhata
Pygmy-Owl:
Ferruginous, Glaucidium brasilianum
Northern, Glaucidium gnoma
Pyrrhuloxia, Cardinalis sinuatus
Quail-Dove:
Bridled, Geotrygon mystacea
Key West, Geotrygon chrysia
Ruddy, Geotrygon montana
Rail:
Black, Laterallus jamaicensis
Clapper, Rallus longirostris
King, Rallus elegans
Sora (see Sora)
Virginia, Rallus limicola

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Yellow, Coturnicops noveboracensis
Raven:
Chihuahuan, Corvus cryptoleucus
Common, Corvus corax
Razorbill, Alca torda
Redhead (see DUCKS)
Redpoll:
Common, Carduelis flammea
Hoary, Carduelis hornemanni
Redshank, Spotted, Tringa erythropus
Redstart:
American, Setophaga ruticilla
Painted, Myioborus pictus
Slaty-throated, Myioborus miniatus
Reed-Bunting:
Common, Emberiza schoeniculus
Pallas', Emberiza pallasi
Roadrunner, Greater, Geococcyx californianus
Robin:
American, Turdus migratorius
Clay-colored, Turdus grayi
Rufous-backed, Turdus rufopalliatus
Rosefinch, Common, Carpodacus erythrinus
Rough-winged Swallow, Northern, Stelgidopteryx serripennis
Rubythroat, Siberian, Luscinia calliope
Ruff, Philomachus pugnax
Sanderling, Calidris alba

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Sandpiper:
Baird's, Calidris bairdii
Broad-billed, Limicola falcinellus
Buff-breasted, Tryngites subruficollis
Common, Actitis hypoleucos
Curlew, Calidris ferruginea
Least, Calidris minutilla
Marsh, Tringa stagnatilis
Pectoral, Calidris melanotos
Purple, Calidris maritima
Rock, Calidris ptilocnemis
Semipalmated, Calidris pusilla
Sharp-tailed, Calidris acuminata
Solitary, Tringa solitaria
Spoonbill, Eurynorhynchus pygmeus
Spotted, Actitis macularia
Stilt, Calidris himantopus
Terek, Xenus cinereus
Upland, Bartramia longicauda
Western, Calidris mauri
White-rumped, Calidris fuscicollis
Wood, Tringa glareola
Sapsucker:
Red-breasted, Sphyrapicus ruber
Williamson's, Sphyrapicus thyroideus
Yellow-bellied, Sphyrapicus varius
Saw-whet Owl, Northern, Aegolius acadicus

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Scaup (see DUCKS)
Scoter (see DUCKS)
Screech-Owl:
Eastern, Otus asio
Puerto Rican, Otus nudipes
Western, Otus kennicottii
Whiskered, Otus trichopsis
Sea-Eagle, Steller's, Haliaeetus pelagicus
Seedeater, White-collared, Sporophila torqueola
Shearwater:
Audubon's, Puffinus lherminieri
Black-vented, Puffinus opisthomelas
Buller's, Puffinus bulleri
Christmas, Puffinus nativitatus
Cory's, Calonectris diomedea
Flesh-footed, Puffinus carneipes
Greater, Puffinus gravis
Little, Puffinus assimilis
Manx, Puffinus puffinus
Pink-footed, Puffinus creatopus
Short-tailed, Puffinus tenuirostris
Sooty, Puffinus griseus
Townsend's, Puffinus auricularis
Wedge-tailed, Puffinus pacificus
Shoveler (see DUCKS)
Shrike:
Loggerhead, Lanius ludovicianus

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Northern, Lanius excubitor
Siskin, Pine, Carduelis pinus
Skimmer, Black, Rhynchops niger
Skua:
Great, Catharacta skua
South Polar, Catharacta maccormicki
Skylark, Eurasian, Alauda arvensis
Smew (see DUCKS)
Snipe:
Common, Gallinago gallinago
Jack, Lymnocryptes minimus
Pin-tailed, Gallinago stenura
Swinhoe's, Gallinago megala
Solitaire, Townsend's, Myadestes townsendi
Sora, Porzana carolina
Sparrow:
American Tree, Spizella arborea
Bachman's, Aimophila aestivalis
Baird's, Ammodramus bairdii
Black-chinned, Spizella atrogularis
Black-throated, Amphispiza bilineata
Botteri's, Aimophila botterii
Brewer's, Spizella breweri
Cassin's, Aimophila cassinii
Chipping, Spizella passerina
Clay-colored, Spizella pallida
Field, Spizella pusilla

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Five-striped, Amphispiza quinquestriata
Fox, Passerella iliaca
Golden-crowned, Zonotrichia atricapilla
Grasshopper, Ammodramus savannarum
Harris', Zonotrichia querula
Henslow's, Ammodramus henslowii
Lark, Chondestes grammacus
Le Conte's, Ammodramus leconteii
Lincoln's, Melospiza lincolnii
Olive, Arremenops rufivirgatus
Rufous-crowned, Aimophila ruificeps
Rufous-winged, Aimophila carpalis
Sage, Amphispiza belli
Savannah, Passerculus sandwichensis
Seaside, Ammodramus maritimus
Sharp-tailed, Ammodramus caudacutus
Song, Melospiza melodia
Swamp, Melospiza georgiana
Vesper, Pooecetes gramineus
White-crowned, Zonotrichia leucophrys
White-throated, Zonotrichia albicollis
Worthen's, Spizella wortheni
Spoonbill, Roseate, Ajaia ajaja
Starling:
Ashy, Sturnus cineraceus
Violet-backed, Sturnus philippensis
Starthroat, Plain-capped Heliomaster constantii,

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Stilt, Black-necked, Himantopus mexicanus
Stint:
Little, Calidris minuta
Long-toed, Calidris subminuta
Rufous-necked, Calidris ruficollis
Temminck's, Calidris temminckii
Stork, Wood, Mycteria americana
Storm-Petrel:
Ashy, Oceanodroma homochroa
Band-rumped, Oceanodroma castro
Black, Oceanodroma melania
Fork-tailed, Oceanodroma furcata
Leach's, Oceanodroma leucorhoa
Least, Oceanodroma microsoma
Sooty, Oceanodroma tristrami
Wedge-rumped, Oceanodroma tethys
White-faced, Pelagadroma marina
Wilson's, Oceanites oceanicus
Surfbird, Aphriza virgata
Swallow:
Bahama, Tachycineta cyaneoviridis
Bank, Riparia riparia
Barn, Hirundo rustica
Cave, Hirundo fulva
Cliff, Hirundo pyrrhonota
Rough-winged (see Rough-winged Swallow)
Tree, Tachycineta bicolor

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Violet-green, Tachycineta thalassina
Swan:
Trumpeter, Cygnus buccinator
Tundra, Cygnus columbianus
Whooper, Cygnus cygnus
Swift:
Antillean Palm, Tachornis pheonicobia
Black, Cypseloides niger
Chimney, Chaetura pelagica
Common, Apus apus
Fork-tailed, Apus pacificus
Needle-tailed (see Needletail)
Vaux's, Chaetura vauxi
White-collared, Streptoprocne zonaris
White-throated, Aeronautes saxatalis
Tanager:
Hepatic, Piranga flava
Puerto Rican, Neospingus speculiferus
Scarlet, Piranga olivacea
Stripe-headed, Spindalis zena
Summer, Piranga rubra
Western, Piranga ludoviciana
Tattler:
Gray-tailed, Heteroscelus brevipes
Wandering, Heteroscelus incanus
Teal (see DUCKS)
Tern:

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Aleutian, Sterna aleutica
Arctic, Sterna paradisaea
Black, Chlidonias niger
Black-naped, Sterna sumatrana
Bridled, Sterna anaethetus
Caspian, Sterna caspia
Common, Sterna hirundo
Elegant, Sterna elegans
Forster's, Sterna forsteri
Gray-backed, Sterna lunata
Gull-billed, Sterna nilotica
Least, Sterna antillarum
Little, Sterna albifrons
Roseate, Sterna dougallii
Royal, Sterna maxima
Sandwich, Sterna sandvicensis
Sooty, Sterna fuscata
White, Gygis alba
White-winged, Chlidonias leucopterus
Thrasher:
Bendire's, Toxostoma bendirei
Brown, Toxostoma rufum
California, Toxostoma redivivum
Crissal, Toxostoma crissale
Curve-billed, Toxostoma curvirostre
Le Conte's, Toxostoma lecontei
Long-billed, Toxostoma longirostre

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Pearly-eyed, Margarops fuscatus
Sage, Oreoscoptes montanus
Thrush:
Aztec, Ridgwayia pinicola
Blue Rock, Monticola solitarius
Dusky, Turdus naumanni
Eye-browed, Turdus obscurus
Gray-cheeked, Catharus minimus
Hawaiian, Phaeornis obscurus
Hermit, Catharus guttatus
Red-legged, Turdus plumbeus
Small Kauai, Phaeornis palmeri
Swainson's, Catharus ustulatus
Varied, Ixoreus naevius
Wood, Hylocichla minima
Tit, Siberian, Parus cinctus
Titmouse:
Bridled, Parus wollweberi
Plain, Parus inornatus
Tufted, Parus bicolor
Towhee:
Abert's, Pipilo aberti
Brown, Pipilo fuscus
Green-tailed, Pipilo chlorurus
Rufous-sided, Pipilo erythrophthalmus
Tree-Pipit, Olive, Anthus hodgsoni
Trogon:

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Eared, Euptilotus neoxenus
Elegant, Trogon elegans
Tropicbird:
Red-billed, Phaethon aethereus
Red-tailed, Phaethon rubricauda
White-tailed, Phaethon lepturus
Turnstone:
Black, Arenaria melanocephala
Ruddy, Arenaria interpres
Veery, Catharus fuscescens
Verdin, Auriparus flaviceps
Violet-Ear, Green, Colibri thalassinus
Vireo:
Bell's Vireo bellii
Black-capped, Vireo atricapillus
Black-whiskered, Vireo altiloquus
Gray, Vireo vicinior
Hutton's, Vireo huttoni
Philadelphia, Vireo philadelphicus
Puerto Rican, Vireo latimeri
Red-eyed, Vireo olivaceus
Solitary, Vireo solitarius
Warbling, Vireo gilvus
White-eyed, Vireo griseus
Yellow-throated, Vireo flavifrons
Vulture:
Black, Coragyps atratus

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Turkey, Cathartes aura
Wagtail:
Black-backed, Motacilla lugens
Gray, Motacilla cinerea
White, Motacilla alba
Yellow, Motacilla flava
Warbler:
Adelaide's, Dendroica adelaidae
Arctic, Phylloscopus borealis
Bachman's Vermivora bachmanii
Bay-breasted, Dendroica castanea
Black-and-white, Mniotilta varia
Black-throated Blue, Dendroica caerulescens
Black-throated Gray, Dendroica nigrescens
Black-throated Green, Dendroica virens
Blackburnian, Dendroica fusca
Blackpoll, Dendroica striata
Blue-winged, Vermivora pinus
Canada, Wilsonia canadensis
Cape May, Dendroica tigrina
Cerulean, Dendroica cerulea
Chestnut-sided, Dendroica pensylvanica
Colima, Vermivora crissalis
Connecticut, Oporornis agilis
Elfin Woods, Dendroica angelae
Golden-cheeked, Dendroica chrysoparia
Golden-crowned, Basileuterus culicivorus

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Golden-winged, Vermivora chrysoptera
Grace's, Dendroica graciae
Grasshopper (see Grasshopper-Warbler)
Hermit, Dendroica occidentalis
Hooded, Wilsonia citrina
Kentucky, Oporornis formosus
Kirtland's, Dendroica kirtlandii
Lucy's, Vermivora luciae
MacGillivray's, Oporornis tolmiei
Magnolia, Dendroica magnolia
Mourning, Oporornis philadelphia
Nashville, Vermivora ruficapilla
Olive, Peucedramus taeniatus
Orange-crowned, Vermivora celata
Palm, Dendroica palmarum
Parula (see Parula)
Pine, Dendroica pinus
Prairie, Dendroica discolor
Prothonotary, Protonotaria citrea
Red-faced, Cardellina rubrifrons
Rufous-capped, Basileuterus rufifrons
Swainson's, Limnothlypis swainsonii
Tennessee, Vermivora peregrina
Townsend's, Dendroica townsendi
Virgina's, Vermivora virginiae
Willow, Phylloscopus trochilus
Wilson's, Wilsonia pusilla

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Worm-eating, Helmitheros vermivorus
Yellow, Dendroica petechia
Yellow-rumped, Dendroica coronata
Yellow-throated, Dendroica dominica
Waterthrush:
Louisiana, Seiurus motacilla
Northern, Seiurus noveboracensis
Waxwing:
Bohemian, Bombycilla garrulus
Cedar, Bombycilla cedrorum
Wheatear, Northern, Oenanthe oenanthe
Whimbrel, Numenius phaeopus
Whip-poor-will, Caprimulgus vociferus
Whistling-Duck (see DUCKS)
Wigeon (see DUCKS)
Willet, Catoptrophorus semipalmatus
Wood-Pewee:
Eastern, Contopus virens
Western, Contopus sordidulus
Woodcock:
American, Scolopax minor
Eurasian, Scolopax rusticola
Woodpecker:
Acorn, Melanerpes formicivorus
Black-backed, Picoides arcticus
Downy, Picoides pubescens
Gila, Melanerpes uropygialis

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Golden-fronted, Melanerpes aurifrons
Hairy, Picoides villosus
Ivory-billed, Campephilus principalis
Ladder-backed, Picoides scalaris
Lewis', Melanerpes lewis
Nuttall's, Picoides nuttallii
Pileated, Dryocopus pileatus
Puerto Rican, Melanerpes portoricensis
Red-bellied, Melanerpes carolinus
Red-cockaded, Picoides borealis
Red-headed, Melanerpes erythrocephalus
Strickland's, Picoides stricklandi
Three-toed, Picoides tridactylus
White-headed, Picoides albolarvatus
Woodstar, Bahama, Calliphlox evelynae
Wren:
Bewick's Thryomanes bewickii
Cactus, Campylorhynchus brunneicapillus
Canyon, Catherpes mexicanus
Carolina, Thryothorus ludovicianus
House, Troglodytes aedon
Marsh, Cistothorus palustris
Rock, Salpinctes obsoletus
Sedge, Cistothorus platensis
Winter, Troglodytes troglodytes
Wryneck, Eurasian, Jynx torquilla
Yellowlegs:

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Greater, Tringa melanoleuca
Lesser, Tringa flavipes
Yellowthroat:
Common, Geothlypis trichas
Gray-crowned, Geothlypis poliocephala
II. Taxonomic Listing
OrderGAVIIFORMES
FamilyGAVIIDAE
Gavia stellata, Red-throated Loon
Gavia arctica, Arctic Loon
Gavia immer, Common Loon
Gavia adamsii, Yellow-billed Loon
OrderPODICIPEDIFORMES
FamilyPODICIPEDIDAE
Tachybaptus dominicus, Least Grebe
Podilymbus podiceps, Pied-billed Grebe
Podiceps auritus, Horned Grebe
Podiceps grisegena, Red-necked Grebe
Podiceps nigricollis, Eared Grebe
Aechmophorus occidentalis, Western Grebe
OrderPROCELLARIIFORMES
FamilyDIOMEDEIDAE
Diomedea albatrus, Short-tailed Albatross
Diomedea nigripes, Black-footed Albatross
Diomedea immutabilis, Laysan Albatross
Diomedea chlororhynchos, Yellow-nosed Albatross
FamilyPROCELLARIIDAE

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Fulmarus glacialis, Northern Fulmar
Pterodroma hasitata, Black-capped Petrel
Pterodroma phaeopygia, Dark-rumped Petrel
Pterodroma externa, White-necked Petrel
Pterodroma inexpectata, Mottled Petrel
Pterodroma ultima, Murphy's Petrel
Pterodroma neglecta, Kermadec Petrel
Pterodroma arminjoniana, Herald Petrel
Pterodroma cookii, Cook's Petrel
Pterodroma hypoleuca, Bonin Petrel
Bulweria bulwerii, Bulwer's Petrel
Calonectris diomedea, Cory's Shearwater
Puffinus creatopus, Pink-footed Shearwater
Puffinus carneipes, Flesh-footed Shearwater
Puffinus gravis, Greater Shearwater
Puffinus pacificus, Wedge-tailed Shearwater
Puffinus bulleri, Buller's Shearwater
Puffinus griseus, Sooty Shearwater
Puffinus tenuirostris, Short-tailed Shearwater
Puffinus nativitatis, Christmas Shearwater
Puffinus puffinus, Manx Shearwater
Puffinus opisthomelas, Black-vented Shearwater
Puffinus auricularis, Townsend's Shearwater
Puffinus assimilis, Little Shearwater
Puffinus lherminieri, Audubon's Shearwater
FamilyHYDROBATIDAE
Oceanites oceanicus, Wilson's Storm-Petrel

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Pelagodroma marina, White-faced Storm-Petrel
Oceanodroma furcata, Fork-tailed Storm-Petrel
Oceanodroma leucorhoa, Leach's Storm-Petrel
Oceanodroma homochroa, Ashy Storm-Petrel
Oceanodroma castro, Band-rumped Storm-Petrel
Oceanodroma tethys, Wedge-rumped Storm-Petrel
Oceanodroma melania, Black Storm-Petrel
Oceanodroma tristrami, Sooty Storm-Petrel
Oceanodroma microsoma, Least Storm-Petrel
OrderPELECANIFORMES
FamilyPHAETHONTIDAE
Phaethon lepturus, White-tailed Tropicbird
Phaethon aethereus, Red-billed Tropicbird
Phaethon rubricauda, Red-tailed Tropicbird
FamilySULIDAE
Sula dactylatra, Masked Booby
Sula nebouxii, Blue-footed Booby
Sula leucogaster, Brown Booby
Sula sula, Red-footed Booby
Sula bassanus, Northern Gannet
FamilyPELECANIDAE
Pelecanus erythrorhynchos, American White Pelican
Pelecanus occidentalis, Brown Pelican
FamilyPHALACROCORACIDAE
Phalacrocorax carbo, Great Cormorant
Phalacrocorax auritus, Double-crested Cormorant
Phalacrocorax olivaceus, Olivaceous Cormorant

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Phalacrocorax penicillatus, Brandt's Cormorant
Phalacrocorax pelagicus, Pelagic Cormorant
Phalacrocorax urile, Red-faced Cormorant
FamilyANHINGIDAE
Anhinga anhinga, Anhinga
FamilyFREGATIDAE
Fregata magnificens, Magnificent Frigatebird
Fregata minor, Great Frigatebird
Fregata ariel, Lesser Frigatebird
OrderCICONIIFORMES
FamilyARDEIDAE
Botaurus lentiginosus, American Bittern
Ixobrychus exilis, Least Bittern
Ixobrychus sinensis, Chinese Bittern
Ixobrychus eurhythmus, Schrenk's Bittern
Ardea herodias, Great Blue Heron
Casmerodius albus, Great Egret
Egretta eulophotes, Chinese Egret
Egretta sacra, Pacific Reef Heron
Egretta intermedia, Plumed Egret
Egretta thula, Snowy Egret
Egretta caerulea, Little Blue Heron
Egretta tricolor, Tricolored Heron
Egretta rufescens, Reddish Egret
Bubulcus ibis, Cattle Egret
Butorides striatus, Green-backed Heron
Nycticorax nycticorax, Black-crowned Night-Heron

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Nycticorax melanolophus, Malay Night-Heron
Nycticorax goisagi, Japanese Night-Heron
Nycticorax violaceus, Yellow-crowned Night-Heron
FamilyTHRESKIORNITHIDAE
Eudocimus albus, White Ibis
Eudocimus ruber, Scarlet Ibis
Plegadis falcinellus, Glossy Ibis
Plegadis chihi, White-faced Ibis
Ajaia ajaja, Roseate Spoonbill
FamilyCICONIIDAE
Jabiru mycteria, Jabiru
Mycteria americana, Wood Stork
OrderPHOENICOPTERIFORMES
FamilyPHOENICOPTERIDAE
Phoenicopterus ruber, Greater Flamingo
OrderANSERIFORMES
FamilyANATIDAE
Dendrocygna bicolor, Fulvous Whistling-Duck
Dendrocygna autumnalis, Black-bellied Whistling-Duck
Dendrocygna arborea, West Indian Whistling-Duck
Cygnus columbianus, Tundra Swan
Cygnus cygnus, Whooper Swan
Cygnus buccinator, Trumpeter Swan
Anser fabalis, Bean Goose
Anser albifrons, Greater White-fronted Goose
Chen caerulescens, Snow Goose
Chen rossii, Ross' Goose

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Chen canagica, Emperor Goose
Branta bernicla, Brant
Branta leucopsis, Barnacle Goose
Branta canadensis, Canada Goose
Nesochen sandvicensis, Hawaiian Goose
Aix sponsa, Wood Duck
Anas crecca, Green-winged Teal
Anas formosa, Baikal Teal
Anas falcata, Falcated Teal
Anas rubripes, American Black Duck
Anas fulvigula, Mottled Duck
Anas platyrhynchos, Mallard
Anas wyvilliana, Hawaiian Duck
Anas laysanensis, Laysan Duck
Anas bahamensis, White-cheeked Pintail
Anas acuta, Northern Pintail
Anas querquedula, Garganey
Anas discors, Blue-winged Teal
Anas cyanoptera, Cinnamon Teal
Anas clypeata, Northern Shoveler
Anas strepera, Gadwall
Anas penelope, Eurasian Wigeon
Anas americana, American Wigeon
Aythya ferina, Common Pochard
Aythya valisineria, Canvasback
Aythya americana, Redhead
Aythya baeri, Baer's Pochard

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Aythya collaris, Ring-necked Duck
Aythya fuligula, Tufted Duck
Aythya marila, Greater Scaup
Aythya affinis, Lesser Scaup
Somateria mollissima, Common Eider
Somateria spectabilis, King Eider
Somateria fischeri, Spectacled Eider
Polysticta stelleri, Steller's Eider
Histrionicus histrionicus, Harlequin Duck
Clangula hyemalis, Oldsquaw
Melanitta nigra, Black Scoter
Melanitta perspicillata, Surf Scoter
Melanitta fusca, White-winged Scoter
Bucephala clangula, Common Goldeneye
Bucephala islandica, Barrow's Goldeneye
Bucephala albeola, Bufflehead
Mergellus albellus, Smew
Lophodytes cucullatus, Hooded Merganser
Mergus merganser, Common Merganser
Mergus serrator, Red-breasted Merganser
Oxyura jamaicensis, Ruddy Duck
Oxyura dominica, Masked Duck
OrderFALCONIFORMES
FamilyCATHARTIDAE
Coragyps atratus, Black Vulture
Cathartes aura, Turkey Vulture
Gymnogyps californianus, California Condor

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FamilyACCIPITRIDAE
Pandion haliaetus, Osprey
Chondrohierax uncinatus, Hook-billed Kite
Elanoides forficatus, American Swallow-tailed Kite
Elanus caeruleus, Black-shouldered Kite
Rostrhamus sociabilis, Snail Kite
Ictinia mississippiensis, Mississippi Kite
Milvus migrans, Black Kite
Haliaeetus leucocephalus, Bald Eagle
Haliaeetus albicilla, White-tailed Eagle
Haliaeetus pelagicus, Steller's Sea-Eagle
Circus cyaneus, Northern Harrier
Accipiter gularis, Asiatic Sparrow Hawk
Accipiter striatus, Sharp-shinned Hawk
Accipiter cooperii, Cooper's Hawk
Accipiter gentilis, Northern Goshawk
Buteogallus anthracinus, Common Black-Hawk
Parabuteo unicinctus, Harris' Hawk
Buteo nitidus, Gray Hawk
Buteo lineatus, Red-shouldered Hawk
Buteo platypterus, Broad-winged Hawk
Buteo brachyurus, Short-tailed Hawk
Buteo swainsoni, Swainson's Hawk
Buteo albicaudatus, White-tailed Hawk
Buteo albonotatus, Zone-tailed Hawk
Buteo solitarius, Hawaiian Hawk
Buteo jamaicensis, Red-tailed Hawk

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Buteo regalis, Ferruginous Hawk
Buteo lagopus, Rough-legged Hawk
Aquila chrysaetos, Golden Eagle
FamilyFALCONIDAE
Polyborus plancus, Crested Caracara
Falco tinnunculus, Eurasian Kestrel
Falco sparverius, American Kestrel
Falco columbarius, Merlin
Falco femoralis, Aplomado Falcon
Falco peregrinus, Peregrine Falcon
Falco rusticolus, Gyrfalcon
Falco mexicanus, Prairie Falcon
OrderGRUIFORMES
FamilyRALLIDAE
Coturnicops noveboracensis, Yellow Rail
Laterallus jamaicensis, Black Rail
Crex crex, Corn Crake
Rallus longirostris, Clapper Rail
Rallus elegans, King Rail
Rallus limicola, Virginia Rail
Porzana carolina, Sora
Porzana flaviventer, Yellow-breasted Crake
Porphyrula martinica, Purple Gallinule
Gallinula chloropus, Common Moorhen
Fulica atra, Eurasian Coot
Fulica americana, American Coot
Fulica caribaea, Caribbean Coot

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FamilyARAMIDAE
Aramus guarauna, Limpkin
FamilyGRUIDAE
Grus canadensis, Sandhill Crane
Grus grus, Common Crane
Grus americana, Whooping Crane
OrderCHARADRIIFORMES
FamilyCHARADRIIDAE
Vanellus vanellus, Northern Lapwing
Pluvialis squatarola, Black-bellied Plover
Pluvialis dominica, Lesser Golden-Plover
Charadrius mongolus, Mongolian Plover
Charadrius leschenaultii, Great Sand Plover
Charadrius alexandrinus, Snowy Plover
Charadrius wilsonia, Wilson's Plover
Charadrius hiaticula, Common Ringed Plover
Charadrius semipalmatus, Semipalmated Plover
Charadrius melodus, Piping Plover
Charadrius dubius, Little Ringed Plover
Charadrius vociferus, Killdeer
Charadrius montanus, Mountain Plover
Charadrius morinellus, Eurasian Dotterel
FamilyHAEMATOPODIDAE
Haematopus palliatus, American Oystercatcher
Haematopus bachmani, Black Oystercatcher
FamilyRECURVIROSTRIDAE
Himantopus mexicanus, Black-necked Stilt

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Recurvirostra americana, American Avocet
FamilyJACANIDAE
Jacana spinosa, Northern Jacana
Family,SCOLOPACIDAE
Tringa nebularia, Common Greenshank
Tringa melanoleuca, Greater Yellowlegs
Tringa flavipes, Lesser Yellowlegs
Tringa stagnatilis, Marsh Sandpiper
Tringa erythropus, Spotted Redshank
Tringa glareola, Wood Sandpiper
Tringa solitaria, Solitary Sandpiper
Catoptrophorus semipalmatus, Willet
Heteroscelus incanus, Wandering Tattler
Heteroscelus brevipes, Gray-tailed Tattler
Actitis hypoleucos, Common Sandpiper
Actitis macularia, Spotted Sandpiper
Xenus cinereus, Terek Sandpiper
Bartramia longicauda, Upland Sandpiper
Numenius minutus, Least Curlew
Numenius borealis, Eskimo Curlew
Numenius phaeopus, Whimbrel
Numenius tahitiensis, Bristle-thighed Curlew
Numenius madagascariensis, Far Eastern Curlew
Numenius americanus, Long-billed Curlew
Limosa limosa, Black-tailed Godwit
Limosa haemastica, Hudsonian Godwit
Limosa lapponica, Bar-tailed Godwit

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Limosa fedoa, Marbled Godwit
Arenaria interpres, Ruddy Turnstone
Arenaria melanocephala, Black Turnstone
Aphriza virgata, Surfbird
Calidris tenuirostris, Great Knot
Calidris canutus, Red Knot
Calidris alba, Sanderling
Calidris pusilla, Semipalmated Sandpiper
Calidris mauri, Western Sandpiper
Calidris ruficollis, Rufous-necked Stint
Calidris minuta, Little Stint
Calidris temminckii, Temminck's Stint
Calidris subminuta, Long-toed Stint
Calidris minutilla, Least Sandpiper
Calidris fuscicollis, White-rumped Sandpiper
Calidris bairdii, Baird's Sandpiper
Calidris melanotos, Pectoral Sandpiper
Calidris acuminata, Sharp-tailed Sandpiper
Calidris maritima, Purple Sandpiper
Calidris ptilocnemis, Rock Sandpiper
Calidris alpina, Dunlin
Calidris ferruginea, Curlew Sandpiper
Calidris himantopus, Stilt Sandpiper
Eurynorhynchus pygmeus, Spoonbill Sandpiper
Limicola falcinellus, Broad-billed Sandpiper
Tryngites subruficollis, Buff-breasted Sandpiper
Philomachus pugnax, Ruff

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Limnodromus griseus, Short-billed Dowitcher
Limnodromus scolopaceus, Long-billed Dowitcher
Lymnocryptes minimus, Jack Snipe
Gallinago gallinago, Common Snipe
Gallinago stenura, Pin-tailed Snipe
Gallinago megala, Swinhoe's Snipe
Scolopax rusticola, Eurasian Woodcock
Scolopax minor, American Woodcock
Phalaropus tricolor, Wilson's Phalarope
Phalaropus lobatus, Red-necked Phalarope
Phalaropus fulicaria, Red Phalarope
FamilyLARIDAE
Stercorarius pomarinus, Pomarine Jaeger
Stercorarius parasiticus, Parasitic Jaeger
Stercorarius longicaudus, Long-tailed Jaeger
Catharacta skua, Great Skua
Catharacta maccormicki, South Polar Skua
Larus atricilla, Laughing Gull
Larus pipixcan, Franklin's Gull
Larus minutus, Little Gull
Larus ridibundus, Common Black-headed Gull
Larus philadelphia, Bonaparte's Gull
Larus heermanni, Heermann's Gull
Larus canus, Mew Gull
Larus delawarensis, Ring-billed Gull
Larus californicus, California Gull
Larus argentatus, Herring Gull

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Larus thayeri, Thayer's Gull
Larus glaucoides, Iceland Gull
Larus fuscus, Lesser Black-backed Gull
Larus schistisagus, Slaty-backed Gull
Larus livens, Yellow-footed Gull
Larus occidentalis, Western Gull
Larus glaucescens, Glaucous-winged Gull
Larus hyperboreus, Glaucous Gull
Larus marinus, Great Black-backed Gull
Rissa tridactyla, Black-legged Kittiwake
Rissa brevirostris, Red-legged Kittiwake
Rhodostethia rosea, Ross' Gull
Xema sabini, Sabine's Gull
Pagophila eburnea, Ivory Gull
Sterna nilotica, Gull-billed Tern
Sterna caspia, Caspian Tern
Sterna maxima, Royal Tern
Sterna elegans, Elegant Tern
Sterna sandvicensis, Sandwich Tern
Sterna dougallii, Roseate Tern
Sterna hirundo, Common Tern
Sterna paradisaea, Arctic Tern
Sterna aleutica, Aleutian Tern
Sterna forsteri, Forster's Tern
Sterna antillarum, Least Tern
Sterna albifrons, Little Tern
Sterna sumatrana, Black-naped Tern

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Sterna lunata, Gray-backed Tern
Sterna anaethetus, Bridled Tern
Sterna fuscata, Sooty Tern
Chlidonias leucopterus, White-winged Tern
Chlidonias niger, Black Tern
Anous stolidus, Brown Noddy
Anous minutus, Black Noddy
Anous tenuirostris, Lesser Noddy
Procelsterna cerulea, Blue-Gray Noddy
Gygis alba, White Tern
Rynchops niger, Black Skimmer
FamilyALCIDAE
Alle alle, Dovekie
Uria aalge, Common Murre
Uria lomvia, Thick-billed Murre
Alca torda, Razorbill
Cepphus grylle, Black Guillemot
Cepphus columba, Pigeon Guillemot
Brachyramphus marmoratus, Marbled Murrelet
Brachyramphus brevirostris, Kittlitz's Murrelet
Synthliboramphus hypoleucus, Xantus' Murrelet
Synthliboramphus craveri, Craveri's Murrelet
Synthliboramphus antiquus, Ancient Murrelet
Ptychoramphus aleuticus, Cassin's Auklet
Cyclorrhynchus psittacula, Parakeet Auklet
Aethia pusilla, Least Auklet
Aethia pygmaea, Whiskered Auklet

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Aethia cristatella, Crested Auklet
Cerorhinca monocerata, Rhinoceros Auklet
Fratercula cirrhata, Tufted Puffin
Fratercula arctica, Atlantic Puffin
Fratercula corniculata, Horned Puffin
OrderCOLUMBIFORMES
FamilyCOLUMBIDAE
Columba squamosa, Scaly-naped Pigeon
Columba leucocephala, White-crowned Pigeon
Columba flavirostris, Red-billed Pigeon
Columba inornata, Plain Pigeon
Columba fasciata, Band-tailed Pigeon
Zenaida asiatica, White-winged Dove
Zenaida aurita, Zenaida Dove
Zenaida macroura, Mourning Dove
Columbina inca, Inca Dove
Columbina passerina, Common Ground-Dove
Columbina talpacoti, Ruddy Ground-Dove
Leptotila verreauxi, White-tipped Dove
Geotrygon chrysia, Key West Quail-Dove
Geotrygon mystacea, Bridled Quail-Dove
Geotrygon montana, Ruddy Quail-Dove
OrderCUCULIFORMES
FamilyCUCULIDAE
Cuculus canorus, Common Cuckoo
Cuculus saturatus, Oriental Cuckoo
Cuculus fugax, Hodgson's Hawk-Cuckoo

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Coccyzus erythropthalmus, Black-billed Cuckoo
Coccyzus americanus, Yellow-billed Cuckoo
Coccyzus minor, Mangrove Cuckoo
Geococcyx californianus, Greater Roadrunner
Saurothera vieilloti, Puerto Rican Lizard-Cuckoo
Crotophaga ani, Smooth-billed Ani
Crotophaga sulcirostris, Groove-billed Ani
OrderSTRIGIFORMES
FamilyTYTONIDAE
Tyto alba, Common Barn-Owl
FamilySTRIGIDAE
Otus flammeolus, Flammulated Owl
Otus asio, Eastern Screech-Owl
Otus kennicottii, Western Screech-Owl
Otus trichopsis, Whiskered Screech-Owl
Otus nudipes, Puerto Rican Screech-Owl
Bubo virginianus, Great Horned Owl
Nyctea scandiaca, Snowy Owl
Surnia ulula, Northern Hawk-Owl
Glaucidium gnoma, Northern Pygmy-Owl
Glaucidium brasilianum, Ferruginous Pygmy-Owl
Micrathene whitneyi, Elf Owl
Athene cunicularia, Burrowing Owl
Strix occidentalis, Spotted Owl
Strix varia, Barred Owl
Strix nebulosa, Great Gray Owl
Asio otus, Long-eared Owl

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Asio flammeus, Short-eared Owl
Aegolius funereus, Boreal Owl
Aegolius acadicus, Northern Saw-whet Owl
OrderCAPRIMULGIFORMES
FamilyCAPRIMULGIDAE
Chordeiles acutipennis, Lesser Nighthawk
Chordeiles minor, Common Nighthawk
Chordeiles gundlachii, Antillean Nighthawk
Nyctidromus albicollis, Common Pauraque
Phalaenoptilus nuttallii, Common Poorwill
Caprimulgus carolinensis, Chuck-will's-widow
Caprimulgus ridgwayi, Buff-collared Nightjar
Caprimulgus vociferus, Whip-poor-will
Caprimulgus noctitherus, Puerto Rican Nightjar
Caprimulgus indicus, Jungle Nightjar
OrderAPODIFORMES
FamilyAPODIDAE
Cypseloides niger, Black Swift
Streptoprocne zonaris, White-collared Swift
Chaetura pelagica, Chimney Swift
Chaetura vauxi, Vaux's Swift
Hirundapus caudacutus, White-throated Needletail
Apus apus, Common Swift
Apus pacificus, Fork-tailed Swift
Aeronautes saxatalis, White-throated Swift
Tachornis phoenicobia, Antillean Palm Swift
FamilyTROCHILIDAE

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Colibri thalassinus, Green Violet-ear
Anthracothorax dominicus, Antillean Mango
Anthracothorax viridis, Green Mango
Eulampis holosericeus, Green-throated Carib
Orthorhynchus cristatus, Antillean Crested Hummingbird
Chlorostilbon maugaeus, Puerto Rican Emerald
Cynanthus latirostris, Broad-billed Hummingbird
Hylocharis leucotis, White-eared Hummingbird
Amazilia beryllina, Berylline Hummingbird
Amazilia yucatanensis, Buff-bellied Hummingbird
Amazilia violiceps, Violet-crowned Hummingbird
Lampornis clemenciae, Blue-throated Hummingbird
Eugenes fulgens, Magnificent Hummingbird
Heliomaster constantii, Plain-capped Starthroat
Calliphlox evelynae, Bahama Woodstar
Calothorax lucifer, Lucifer Hummingbird
Archilochus colubris, Ruby-throated Hummingbird
Archilochus alexandri, Black-chinned Hummingbird
Calypte anna, Anna's Hummingbird
Calypte costae, Costa's Hummingbird
Stellula calliope, Calliope Hummingbird
Selasphorus platycercus, Broad-tailed Hummingbird
Selasphorus rufus, Rufous Hummingbird
Selasphorus sasin, Allen's Hummingbird
OrderTROGONIFORMES
FamilyTROGONIDAE
Trogon elegans, Elegant Trogon

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Euptilotus neoxenus, Eared Trogon
OrderCORACIIFORMES
FamilyUPUPIDAE
Upupa epops, Hoopoe
FamilyALCEDINIDAE
Ceryle torquata, Ringed Kingfisher
Ceryle alcyon, Belted Kingfisher
Chloroceryle americana, Green Kingfisher
OrderPICIFORMES
FamilyPICIDAE
Jynx torquilla, Eurasian Wryneck
Melanerpes lewis, Lewis' Woodpecker
Melanerpes erythrocephalus, Red-headed Woodpecker
Melanerpes formicivorus, Acorn Woodpecker
Melanerpes uropygialis, Gila Woodpecker
Melanerpes aurifrons, Golden-fronted Woodpecker
Melanerpes carolinus, Red-bellied Woodpecker
Melanerpes portoricensis, Puerto Rican Woodpecker
Sphyrapicus varius, Yellow-bellied Sapsucker
Sphyrapicus ruber, Red-breasted Sapsucker
Sphyrapicus thyroideus, Williamson's Sapsucker
Picoides scalaris, Ladder-Backed Woodpecker
Picoides nuttallii, Nuttall's Woodpecker
Picoides pubescens, Downy Woodpecker
Picoides villosus, Hairy Woodpecker
Picoides stricklandi, Strickland's Woodpecker
Picoides borealis, Red-cockaded Woodpecker

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Picoides albolarvatus, White-headed Woodpecker
Picoides tridactylus, Three-toed Woodpecker
Picoides arcticus, Black-backed Woodpecker
Colaptes auratus, Northern Flicker
Dryocopus pileatus, Pileated Woodpecker
Campephilus principalis, Ivory-billed Woodpecker
OrderPASSERIFORMES
FamilyTYRANNIDAE
Elaenia martinica, Caribbean Elaenia
Camptostoma imberbe, Northern Beardless-Tyrannulet
Contopus borealis, Olive-sided Flycatcher
Contopus pertinax, Greater Pewee
Contopus sordidulus, Western Wood-Pewee
Contopus virens, Eastern Wood-Pewee
Contopus latirostris, Lesser Antillean Pewee
Empidonax flaviventris, Yellow-bellied Flycatcher
Empidonax virescens, Acadian Flycatcher
Empidonax alnorum, Alder Flycatcher
Empidonax traillii, Willow Flycatcher
Empidonax minimus, Least Flycatcher
Empidonax hammondii, Hammond's Flycatcher
Empidonax oberholseri, Dusky Flycatcher
Empidonax wrightii, Gray Flycatcher
Empidonax difficilis, Western Flycatcher
Empidonax fulvifrons, Buff-breasted Flycatcher
Sayornis nigricans, Black Phoebe
Sayornis phoebe, Eastern Phoebe

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Sayornis saya, Say's Phoebe
Pyrocephalus rubinus, Vermilion Flycatcher
Myiarchus tuberculifer, Dusky-capped Flycatcher
Myiarchus cinerascens, Ash-throated Flycatcher
Myiarchus nuttingi, Nutting's Flycatcher
Myiarchus crinitus, Great Crested Flycatcher
Myiarchus tyrannulus, Brown-crested Flycatcher
Myiarchus antillarum, Puerto Rican Flycatcher
Pitangus sulphuratus, Great Kiskadee
Myiodynastes luteiventris, Sulpher-bellied Flycatcher
Tyrannus melancholicus, Tropical Kingbird
Tyrannus couchii, Couch's Kingbird
Tyrannus vociferans, Cassin's Kingbird
Tyrannus crassirostris, Thick-billed Kingbird
Tyrannus verticalis, Western Kingbird
Tyrannus tyrannus, Eastern Kingbird
Tyrannus dominicensis, Gray Kingbird
Tyrannus caudifasciatus, Loggerhead Kingbird
Tyrannus forficatus, Scissor-tailed Flycatcher
Tyrannus savana, Fork-tailed Flycatcher
Pachyramphus aglaiae, Rose-throated Becard
FamilyALAUDIDAE
Alauda arvensis, Eurasian Skylark
Eremophila alpestris, Horned Lark
FamilyHIRUNDINIDAE
Progne subis, Purple Martin
Progne cryptoleuca, Cuban Martin

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Progne dominicensis, Caribbean Martin
Progne chalybea, Gray-breasted Martin
Tachycineta bicolor, Tree Swallow
Tachycineta thalassina, Violet-green Swallow
Tachycineta cyaneoviridis, Bahama Swallow
Stelgidopteryx serripennis, Northern Rough-winged Swallow
Riparia riparia, Bank Swallow
Hirundo pyrrhonota, Cliff Swallow
Hirundo fulva, Cave Swallow
Hirundo rustica, Barn Swallow
Delichon urbica, Common House-Martin
FamilyCORVIDAE
Perisoreus canadensis, Gray Jay
Cyanocitta stelleri, Steller's Jay
Cyanocitta cristata, Blue Jay
Cyanocorax yncas, Green Jay
Cyanocorax morio, Brown Jay
Aphelocoma coerulescens, Scrub Jay
Aphelocoma ultramarina, Gray-breasted Jay
Gymnorhinus cyanocephalus, Pinyon Jay
Nucifraga columbiana, Clark's Nutcracker
Pica pica, Black-billed Magpie
Pica nuttalli, Yellow-billed Magpie
Corvus brachyrhynchos, American Crow
Corvus caurinus, Northwestern Crow
Corvus leucognaphalus, White-necked Crow
Corvus imparatus, Mexican Crow

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Corvus ossifragus, Fish Crow
Corvus hawaiiensis, Hawaiian Crow
Corvus cryptoleucus, Chihuahuan Raven
Corvus corax, Common Raven
FamilyPARIDAE
Parus atricapillus, Black-capped Chickadee
Parus carolinensis, Carolina Chickadee
Parus sclateri, Mexican Chickadee
Parus gambeli, Mountain Chickadee
Parus cinctus, Siberian Tit
Parus hudsonicus, Boreal Chickadee
Parus rufescens, Chestnut-backed Chickadee
Parus wollweberi, Bridled Titmouse
Parus inornatus, Plain Titmouse
Parus bicolor, Tufted Titmouse
FamilyREMIZIDAE
Auriparus flaviceps, Verdin
FamilyAEGITHALIDAE
Psaltriparus minimus, Bushtit
FamilySITTIDAE
Sitta canadensis, Red-breasted Nuthatch
Sitta carolinensis, White-breasted Nuthatch
Sitta pygmaea, Pygmy Nuthatch
Sitta pusilla, Brown-headed Nuthatch
FamilyCERTHIIDAE
Certhia americana, Brown Creeper
FamilyTROGLODYTIDAE

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Campylorhynchus brunneicapillus, Cactus Wren
Salpinctes obsoletus, Rock Wren
Catherpes mexicanus, Canyon Wren
Thryothorus ludovicianus, Carolina Wren
Thryomanes bewickii, Bewick's Wren
Troglodytes aedon, House Wren
Troglodytes troglodytes, Winter Wren
Cistothorus platensis, Sedge Wren
Cistothorus palustris, Marsh Wren
FamilyCINCLIDAE
Cinclus mexicanus, American Dipper
FamilyMUSCICAPIDAE
SubfamilySYLVIINAE
Locustella ochotensis, Middendorff's Grasshopper-Warbler
Phylloscopus borealis, Arctic Warbler
Phylloscopus trochilus, Willow Warbler
Regulus satrapa, Golden-crowned Kinglet
Regulus calendula, Ruby-crowned Kinglet
Polioptila caerulea, Blue-gray Gnatcatcher
Polioptila melanura, Black-tailed Gnatcatcher
Polioptila nigriceps, Black-capped Gnatcatcher
SubfamilyMUSCICAPINAE
Muscicapa griseisticta, Gray-spotted Flycatcher
Muscicapa narcissina, Narcissus Flycatcher
SubfamilyTURDINAE
Luscinia calliope, Siberian Rubythroat
Luscinia svecica, Bluethroat

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Monticola solitarius, Blue Rock Thrush
Oenanthe oenanthe, Northern Wheatear
Sialis sialis, Eastern Bluebird
Sialis mexicana, Western Bluebird
Sialis currucoides, Mountain Bluebird
Myadestes townsendi, Townsend's Solitaire
Phaeornis obscurus, Hawaiian Thrush
Phaeornis palmeri, Small Kauai Thrush
Catharus fuscescens, Veery
Catharus minimus, Gray-cheeked Thrush
Catharus ustulatus, Swainson's Thrush
Catharus guttatus, Hermit Thrush
Hylocichla mustelina, Wood Thrush
Turdus plumbeus, Red-legged Thrush
Turdus obscurus, Eye-browed Thrush
Turdus naumanni, Dusky Thrush
Turdus pilaris, Fieldfare
Turdus grayi, Clay-colored Robin
Turdus rufopalliatus, Rufous-backed Robin
Turdus migratorius, American Robin
Ixoreus naevius, Varied Thrush
Ridgwayia pinicola, Aztec Thrush
FamilyMIMIDAE
Dumetella carolinensis, Gray Catbird
Mimus polyglottos, Northern Mockingbird
Oreoscoptes montanus, Sage Thrasher
Toxostoma rufum, Brown Thrasher

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Toxostoma longirostre, Long-billed Thrasher
Toxostoma bendirei, Bendire's Thrasher
Toxostoma curvirostre, Curve-billed Thrasher
Toxostoma redivivum, California Thrasher
Toxostoma crissale, Crissal Thrasher
Toxostoma lecontei, Le Conte's Thrasher
Margarops fuscatus, Pearly-eyed Thrasher
FamilyPRUNELLIDAE
Prunella montanella, Siberian Accentor
FamilyMOTACILLIDAE
Motacilla flava, Yellow Wagtail
Motacilla cinerea, Gray Wagtail
Motacilla alba, White Wagtail
Motacilla lugens, Black-backed Wagtail
Anthur hodgsoni, Olive Tree-Pipit
Anthus gustavi, Pechora Pipit
Anthus cervinus, Red-throated Pipit
Anthus spinoletta, Water Pipit
Anthus spragueii, Sprague's Pipit
FamilyBOMBYCILLIDAE
Bombycilla garrulus, Bohemian Waxwing
Bombycilla cedrorum, Cedar Waxwing
FamilyPTILOGONATIDAE
Phainopepla nitens, Phainopepla
FamilyLANIIDAE
Lanius excubitor, Northern Shrike
Lanius ludovicianus, Loggerhead Shrike

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FamilySTURNIDAE
Sturnus philippensis, Violet-backed Starling
Sturnus cineraceus, Ashy Starling
FamilyVIREONIDAE
Vireo griseus, White-eyed Vireo
Vireo latimeri, Puerto Rican Vireo
Vireo bellii, Bells' Vireo
Vireo atricapillus, Black-capped Vireo
Vireo vicinior, Gray Vireo
Vireo solitarius, Solitary Vireo
Vireo flavifrons, Yellow-throated Vireo
Vireo huttoni, Hutton's Vireo
Vireo gilvus, Warbling Vireo
Vireo philadelphicus, Philadelphia Vireo
Vireo olivaceus, Red-eyed Vireo
Vireo altiloquus, Black-whiskered Vireo
FamilyEMBERIZIDAE
SubfamilyPARULINAE
Vermivora bachmanii, Bachman's Warbler
Vermivora pinus, Blue-winged Warbler
Vermivora chrysoptera, Golden-winged Warbler
Vermivora peregrina, Tennessee Warbler
Vermivora celata, Orange-crowned Warbler
Vermivora ruficapilla, Nashville Warbler
Vermivora virginiae, Virginia's Warbler
Vermivora crissalis, Colima Warbler
Vermivora luciae, Lucy's Warbler

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Parula americana, Northern Parula
Parula pitiayumi, Tropical Parula
Dendroica petechia, Yellow Warbler
Dendroica pensylvanica, Chestnut-sided Warbler
Dendroica magnolia, Magnolia Warbler
Dendroica tigrina, Cape May Warbler
Dendroica caerulescens, Black-throated Blue Warbler
Dendroica coronata, Yellow-rumped Warbler
Dendroica nigrescens, Black-throated Gray Warbler
Dendroica townsendi, Townsend's Warbler
Dendroica occidentalis, Hermit Warbler
Dendroica virens, Black-throated Green Warbler
Dendroica chrysoparia, Golden-cheeked Warbler
Dendroica fusca, Blackburnian Warbler
Dendroica dominica, Yellow-throated Warbler
Dendroica graciae, Grace's Warbler
Dendroica adelaidae, Adelaide's Warbler
Dendroica pinus, Pine Warbler
Dendroica kirtlandii, Kirtland's Warbler
Dendroica discolor, Prairie Warbler
Dendroica palmarum, Palm Warbler
Dendroica castanea, Bay-breasted Warbler
Dendroica striata, Blackpoll Warbler
Dendroica cerulea, Cerulean Warbler
Dendroica angelae, Elfin Woods Warbler
Mniotilta varia, Black-and-White Warbler
Setophaga ruticilla, American Redstart

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Protonotaria citrea, Prothonotary Warbler
Helmitheros vermivorus, Worm-eating Warbler
Limnothlypis swainsonii, Swainson's Warbler
Seiurus aurocapillus, Ovenbird
Seiurus noveboracensis, Northern Waterthrush
Seiurus motacilla, Louisiana Waterthrush
Oporornis formosus, Kentucky Warbler
Oporornis agilis, Connecticut Warbler
Oporornis philadelphia, Mourning Warbler
Oporornis tolmiei, MacGillivray's Warbler
Geothlypis trichas, Common Yellowthroat
Geothlypis poliocephala, Gray-crowned Yellowthroat
Wilsonia citrina, Hooded Warbler
Wilsonia pusilla, Wilson's Warbler
Wilsonia canadensis, Canada Warbler
Cardellina rubrifrons, Red-faced Warbler
Myioborus pictus, Painted Redstart
Myioborus miniatus, Slaty-throated Redstart
Basileuterus culicivorus, Golden-crowned Warbler
Basileuterus rufifrons, Rufous-capped Warbler
Icteria virens, Yellow-breasted Chat
Peucedramus taeniatus, Olive Warbler
SubfamilyTHRAUPINAE
Spindalis zena, Stripe-headed Tanager
Neospingus speculiferus, Puerto Rican Tanager
Piranga flava, Hepatic Tanager
Piranga rubra, Summer Tanager

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Piranga olivacea, Scarlet Tanager
Piranga ludoviciana, Western Tanager
Euphonia musica, Antillean Euphonia
SubfamilyCARDINALINAE
Rhodothraupis celaeno, Crimson-collared Grosbeak
Cardinalis cardinals, Northern Cardinal
Cardinalis sinuatus, Pyrrhuloxia
Pheucticus chrysopeplus, Yellow Grosbeak
Pheucticus ludovicianus, Rose-breasted Grosbeak
Pheucticus melanocephalus, Black-headed Grosbeak
Guiraca caerulea, Blue Grosbeak
Passerina amoena, Lazuli Bunting
Passerina cyanea, Indigo Bunting
Passerina versicolor, Varied Bunting
Passerina ciris, Painted Bunting
Spiza americana, Dickcissel
SubfamilyEMBERIZINAE
Arremonops rufivirgatus, Olive Sparrow
Pipilo chlorurus, Green-tailed Towhee
Pipilo erythrophthalmus, Rufous-sided Towhee
Pipilo fuscus, Brown Towhee
Pipilo aberti, Abert's Towhee
Sporophila torqueola, White-collared Seedeater
Tiaris olivacea, Yellow-faced Grassquit
Tiaris bicolor, Black-faced Grassquit
Loxigilla portoricensis, Puerto Rican Bullfinch
Aimophila aestivalis, Bachman's Sparrow

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Aimophila botterii, Botteri's Sparrow
Aimophila cassinii, Cassin's Sparrow
Aimophila carpalis, Rufous-winged Sparrow
Aimophila ruficeps, Rufous-crowned Sparrow
Spizella arborea, American Tree Sparrow
Spizella passerina, Chipping Sparrow
Spizella pallida, Clay-colored Sparrow
Spizella breweri, Brewer's Sparrow
Spizella pusilla, Field Sparrow
Spizella wortheni, Worthen's Sparrow
Spizella atrogularis, Black-chinned Sparrow
Pooecetes gramineus, Vesper Sparrow
Chondestes grammacus, Lark Sparrow
Amphispiza bilineata, Black-throated Sparrow
Amphispiza belli, Sage Sparrow
Amphispiza quinquestriata, Five-striped Sparrow
Calamospiza melanocorys, Lark Bunting
Passerculus sandwichensis, Savannah Sparrow
Ammodramus bairdii, Baird's Sparrow
Ammodramus savannarum, Grasshopper Sparrow
Ammodramus henslowii, Henslow's Sparrow
Ammodramus leconteii, Le Conte's Sparrow
Ammodramus caudacutus, Sharp-tailed Sparrow
Ammodramus maritimus, Seaside Sparrow
Passerella iliaca, Fox Sparrow
Melosipza melodia, Song Sparrow
Melospiza lincolnii, Lincoln's Sparrow

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Melospiza georgiana, Swamp Sparrow
Zonotrichia albicollis, White-throated Sparrow
Zonotrichia atricapilla, Golden-crowned Sparrow
Zonotrichia leucophrys, White-crowned Sparrow
Zonotrichia querula, Harris' Sparrow
Junco hyemalis, Dark-eyed Junco
Junco phaeonotus, Yellow-eyed Junco
Emberiza rustica, Rustic Bunting
Emberiza pallasi, Pallas' Reed-Bunting
Emberiza schoeniculus, Common Reed-Bunting
Calcarius mccownii, McCown's Longspur
Calcarius lapponicus, Lapland Longspur
Calcarius pictus, Smith's Longspur
Calcarius ornatus, Chestnut-collared Longspur
Plectrophenax nivalis, Snow Bunting
Plectrophenax hyperboreus, McKay's Bunting
SubfamilyICTERINAE
Dolichonyx oryzivorus, Bobolink
Agelaius phoeniceus, Red-winged Blackbird
Agelaius tricolor, Tricolored Blackbird
Agelaius humeralis, Tawny-shouldered Blackbird
Agelaius xanthomus, Yellow-shouldered Blackbird
Sturnella magna, Eastern Meadowlark
Sturnella neglecta, Western Meadowlark
Xanthocephalus xanthocephalus, Yellow-headed Blackbird
Euphagus carolinus, Rusty Blackbird
Euphagus cyanocephalus, Brewer's Blackbird

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Quiscalus mexicanus, Great-tailed Grackle
Quiscalus major, Boat-tailed Grackle
Quiscalus quiscula, Common Grackle
Quiscalus niger, Greater Antillean Grackle
Molothrus bonariensis, Shiny Cowbird
Molothrus aeneus, Bronzed Cowbird
Molothrus ater, Brown-headed Cowbird
Icterus dominicensis, Black-cowled Oriole
Icterus wagleri, Black-vented Oriole
Icterus spurius, Orchard Oriole
Icterus cucullatus, Hooded Oriole
Icterus pustulatus, Streak-backed Oriole
Icterus gularis, Altamira Oriole
Icterus graduacauda, Audubon's Oriole
Icterus galbula, Northern Oriole
Icterus parisorum, Scott's Oriole
FamilyFRINGILLIDAE
SubfamilyFRINGILLINAE
Fringilla montifringilla, Brambling
SubfamilyCARDUELINAE
Leucosticte arctoa, Rosy Finch
Pinicola enucleator, Pine Grosbeak
Carpodacus erythrinus, Common Rosefinch
Carpodacus purpureus, Purple Finch
Carpodacus cassinii, Cassin's Finch
Carpodacus mexicanus, House Finch
Loxia curvirostra, Red Crossbill

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Loxia leucoptera, White-winged Crossbill
Carduelis flammea, Common Redpoll
Carduelis hornemanni, Hoary Redpoll
Carduelis pinus, Pine Siskin
Carduelis psaltria, Lesser Goldfinch
Carduelis lawrencei, Lawrence's Goldfinch
Carduelis tristis, American Goldfinch
Carduelis sinica, Oriental Greenfinch
Pyrrhula pyrrhula, Eurasian Bullfinch
Coccothraustes vespertinus, Evening Grosbeak
Coccothraustes coccothraustes, Hawfinch
[50 FR 13710, Apr. 5, 1985]

Subpart C—Addresses
top

§ 10.21 Director.
top
(a) Mail forwarded to the Director for law enforcement purposes should be addressed: Chief, Division of
Law Enforcement, U.S. Fish and Wildlife Service, P.O. Box 3247, Arlington, VA 22203–3247.
(b) Mail sent to the Director regarding permits for the Convention on International Trade in Endangered
Species of Wild Fauna and Fauna (CITES), injurious wildlife, Wild Bird Conservation Act species,
international movement of all ESA-listed endangered or threatened species, and scientific research on,
exhibition of, or interstate commerce in nonnative ESA-listed endangered and threatened species
should be addressed to: Director, U.S. Fish and Wildlife Service, (Attention: Office of Management
Authority), 4401 N. Fairfax Drive, Room 700, Arlington, VA 22203. Address mail for the following permits
to the Regional Director. In the address include one of the following: for import/export licenses and
exception to designated port permits (Attention: Import/export license); for native endangered and
threatened species (Attention: Endangered/threatened species permit); and for migratory birds and
eagles (Attention: Migratory bird permit office). You can find addresses for regional offices at 50 CFR
2.2.
[55 FR 48851, Nov. 23, 1990, as amended at 63 FR 52633, Oct. 1, 1998]

§ 10.22 Law enforcement offices.
top
Service law enforcement offices and their areas of responsibility follow. Mail should be addressed:

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“Assistant Regional Director, Division of Law Enforcement, U.S. Fish and Wildlife Service, (appropriate
address below)”:

Areas of Responsibility and Office Addresses
California, Hawaii, Idaho. Nevada, Oregon, Washington, American Samoa, Guam, the
Marshall Islands, Northern Mariana Islands, and the Trust Territory of the Pacific Islands
(District 1):
Eastside Federal Complex, 911 N.E. 11th. Avenue, Portland, OR 97232–4181, Telephone:
503–231–6125.
Arizona, New Mexico, Oklahoma, and Texas (District 2):
P.O. Box 329, Albuquerque, NM 87103, Telephone: 505–766–2091
Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin (District 3):
P.O. Box 45—Federal Building, Ft. Snelling, Twin Cities, MN 55111, Telephone: 612–725–
3530.
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South
Carolina, Tennessee, Puerto Rico, and the Virgin Islands (District 4):
P.O. Box 4839, Atlanta, GA 30302, Telephone: 404–331–5872
Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and West
Virginia (District 5):
P.O. Box 129, New Town Branch, Boston, MA 02258, Telephone: 617–965–2298
Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah, and Wyoming
(District 6):
P.O. Box 25486, Denver Federal Center, Denver, CO 80225, Telephone: 303–236–7540
Alaska (District 7):
P.O. Box 92597, Anchorage, AK 99509–2597, Telephone: 907–786–3311
Any foreign country (Washington Office):
P.O. Box 3247, Arlington, VA 22203–3247, Telephone: 703–358–1949.
(Pub. L. 97–79, 95 Stat. 1072; 16 U.S.C. 3371–3378)
[48 FR 1313, Jan. 12, 1983; 48 FR 37040, Aug. 16, 1983, as amended at 49 FR 31291, Aug. 6, 1984;
51 FR 23551, June 30, 1986; 53 FR 6649, Mar. 2, 1988; 55 FR 48851, Nov. 23, 1990]
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For questions or comments regarding e-CFR editorial content, features, or design, email [email protected].
For questions concerning e-CFR programming and delivery issues, email [email protected].
Section 508 / Accessibility
Last updated: February 19, 2007

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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations

Electronic Code of Federal Regulations (e-CFR)
e-CFR Data is current as of June 25, 2007
Title 50: Wildlife and Fisheries
Browse Previous | Browse Next

PART 13—GENERAL PERMIT PROCEDURES

Section Contents

Subpart A—Introduction
§ 13.1
§ 13.2
§ 13.3
§ 13.4
§ 13.5

General.
Purpose of regulations.
Scope of regulations.
Emergency variation from requirements.
Information collection requirements.
Subpart B—Application for Permits

§ 13.11 Application procedures.
§ 13.12 General information requirements on applications for permits.
Subpart C—Permit Administration
§ 13.21
§ 13.22
§ 13.23
§ 13.24
§ 13.25
§ 13.26
§ 13.27
§ 13.28
§ 13.29

Issuance of permits.
Renewal of permits.
Amendment of permits.
Right of succession by certain persons.
Transfer of permits and scope of permit authorization.
Discontinuance of permit activity.
Permit suspension.
Permit revocation.
Review procedures.
Subpart D—Conditions

§ 13.41
§ 13.42
§ 13.43
§ 13.44
§ 13.45
§ 13.46
§ 13.47
§ 13.48
§ 13.49
§ 13.50

Humane conditions.
Permits are specific.
Alteration of permits.
Display of permit.
Filing of reports.
Maintenance of records.
Inspection requirement.
Compliance with conditions of permit.
Surrender of permit.
Acceptance of liability.

Authority: 16 U.S.C. 668a, 704, 712, 742j–l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374,
4901–4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 U.S.C. 9701.

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Source: 39 FR 1161, Jan. 4, 1974, unless otherwise noted.
Subpart A—Introduction
top

§ 13.1 General.
top
Each person intending to engage in an activity for which a permit is required by this subchapter B shall,
before commencing such activity, obtain a valid permit authorizing such activity. Each person who
desires to obtain the permit privileges authorized by this subchapter must make application for such
permit in accordance with the requirements of this part 13 and the other regulations in this subchapter
which set forth the additional requirements for the specific permits desired. If the activity for which
permission is sought is covered by the requirements of more than one part of this subchapter, the
requirements of each part must be met. If the information required for each specific permitted activity is
included, one application will be accepted for all permits required, and a single permit will be issued.

§ 13.2 Purpose of regulations.
top
The regulations contained in this part provide uniform rules, conditions, and procedures for the
application for and the issuance, denial, suspension, revocation, and general administration of all
permits issued pursuant to this subchapter B.
[54 FR 38147, Sept. 14, 1989]

§ 13.3 Scope of regulations.
top
The provisions in this part are in addition to, and are not in lieu of, other permit regulations of this
subchapter and apply to all permits issued thereunder, including “Importation, Exportation and
Transportation of Wildlife” (part 14), “Wild Bird Conservation Act” (part 15), “Injurious Wildlife” (part 16),
“Endangered and Threatened Wildlife and Plants” (part 17), “Marine Mammals” (part 18), “Migratory Bird
Permits” (part 21), “Eagle Permits” (part 22), and “Endangered Species Convention” (the Convention on
International Trade in Endangered Species of Wild Fauna and Flora) (part 23). As used in this part 13,
the term “permit” will refer to a license, permit, certificate, letter of authorization, or other document as
the context may require, and to all such documents issued by the Service or other authorized U.S. or
foreign government agencies.
[70 FR 18317, Apr. 11, 2005]

§ 13.4 Emergency variation from requirements.
top
The Director may approve variations from the requirements of this part when he finds that an emergency
exists and that the proposed variations will not hinder effective administration of this subchapter B, and
will not be unlawful.

§ 13.5 Information collection requirements.

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top
(a) The Office of Management and Budget approved the information collection requirements contained
in this part 13 under 44 U.S.C. and assigned OMB Control Number 1018–0092. The Service may not
conduct or sponsor, and you are not required to respond, to a collection of information unless it displays
a currently valid OMB control number. We are collecting this information to provide information
necessary to evaluate permit applications. We will use this information to review permit applications and
make decisions, according to criteria established in various Federal wildlife conservation statutes and
regulations, on the issuance, suspension, revocation, or denial permits. You must respond to obtain or
retain a permit.
(b) We estimate the public reporting burden for these reporting requirements to vary from 15 minutes to
4 hours per response, with an average of 0.803 hours per response, including time for reviewing
instructions, gathering and maintaining data, and completing and reviewing the forms. Direct comments
regarding the burden estimate or any other aspect of these reporting requirements to the Service
Information Collection Control Officer, MS–222 ARLSQ, U.S. Fish and Wildlife Service, Washington, DC
20240, or the Office of Management and Budget, Paperwork Reduction Project (1018–0092),
Washington, DC 20603.
[63 FR 52634, Oct. 1, 1998]

Subpart B—Application for Permits
top

§ 13.11 Application procedures.
top
The Service may not issue a permit for any activity authorized by this subchapter B unless you have filed
an application under the following procedures:
(a) Forms. Applications must be submitted in writing on a Federal Fish and Wildlife License/Permit
Application (Form 3–200) or as otherwise specifically directed by the Service.
(b) Forwarding instructions. Applications for permits in the following categories should be forwarded to
the issuing office indicated below.
(1) You may obtain applications for migratory bird banding permits (50 CFR 21.22) by writing to: Bird
Banding Laboratory, USGS Patuxent Wildlife Research Center, 12100 Beech Forest Road, Laurel,
Maryland 20708–4037. Submit completed permit applications to the same address.
(2) You may obtain applications for designated port exception permits and import/export licenses (50
CFR 14) by writing to the Special Agent in Charge (SAC) of the Region in which you reside (see 50 CFR
2.2 or the Service Web site, http://www.fws.gov, for addresses and boundaries of the Regions). Submit
completed permit applications to the same address.
(3) You may obtain applications for Wild Bird Conservation Act permits (50 CFR 15); injurious wildlife
permits (50 CFR 16); captive-bred wildlife registrations (50 CFR 17); permits authorizing import, export,
or foreign commerce of endangered and threatened species, and interstate commerce of non-native
endangered or threatened species (50 CFR 17); marine mammal permits (50 CFR 18); and permits and
certificates for import, export, and reexport of species listed under the Convention on International Trade
in Endangered Species of Wild Fauna and Flora (CITES) (50 CFR 23) from: U.S. Fish and Wildlife
Service, Division of Management Authority, 4401 N. Fairfax Drive, Room 700, Arlington, Virginia 22203–
1610. Submit completed permit applications to the same address.
(4) You may obtain Endangered Species Act permit applications (50 CFR 17) for activities involving
native endangered and threatened species, including incidental take, scientific purposes, enhancement

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of propagation or survival ( i.e. , recovery), and enhancement of survival by writing to the Regional
Director (Attention: Endangered Species Permits) of the Region where the activity is to take place (see
50 CFR 2.2 or the Service Web site, http://www.fws.gov, for addresses and boundaries of the Regions).
Submit completed applications to the same address (the Regional office covering the area where the
activity will take place). Permit applications for interstate commerce for native endangered and
threatened species should be obtained by writing to the Regional Director (Attention: Endangered
Species Permits) of the Region that has the lead for the particular species, rather than the Region where
the activity will take place. You can obtain information on the lead Region via the Service's Endangered
Species Program Web page ( http://endangered.fws.gov/wildlife.html ) by entering the common or
scientific name of the listed species in the Regulatory Profile query box. Send interstate commerce
permit applications for native listed species to the same Regional Office that has the lead for that
species. Endangered Species Act permit applications for the import or export of native endangered and
threatened species may be obtained from the Division of Management Authority in accordance with
paragraph (b)(3) of this section.
(5) You may obtain applications for bald and golden eagle permits (50 CFR 22) and migratory bird
permits (50 CFR 21), except for banding and marking permits, by writing to the Migratory Bird Permit
Program Office in the Region in which you reside. For mailing addresses for the Migratory Bird Regional
Permit Offices, see below, or go to: http://permits.fws.gov/mbpermits/addresses.html. Send completed
applications to the same address. The mailing addresses for the Regional Migratory Bird Permit Offices
are as follows:
Region 1 (CA, HI, ID, NV, OR, WA): U.S. Fish and Wildlife Service, Migratory Bird Permit Office, 911
N.E. 11th Avenue, Portland, OR 97232–4181.
Region 2 (AZ, NM, OK, TX): U.S. Fish and Wildlife Service, Migratory Bird Permit Office, P.O. Box 709,
Albuquerque, NM 87103.
Region 3 (IA, IL, IN, MN, MO, MI, OH, WI): U.S. Fish and Wildlife Service, Migratory Bird Permit Office,
One Federal Drive, Fort Snelling, MN 55111.
Region 4 (AR, FL, GA, KY, LA, MS, NC, SC, TN, PR, VI): U.S. Fish and Wildlife Service, Migratory Bird
Permit Office, P.O. Box 49208, Atlanta, GA 30359.
Region 5 (CT, DC, DE, MA, MD, ME, NH, NJ, NY, PA, RI, VA, VT, WV): U.S. Fish and Wildlife Service,
Migratory Bird Permit Office, P.O. Box 779, Hadley, MA 01035–0779.
Region 6 (CO, KS, MT, ND, NE, SD, UT, WY): U.S. Fish and Wildlife Service, Migratory Bird Permit
Office, P.O. Box 25486, DFC (60130), Denver, CO 80225–0486.
Region 7 (AK): U.S. Fish and Wildlife Service, Migratory Bird Permit Office (MS–201), 1011 E. Tudor
Road, Anchorage, AK 99503.
(c) Time notice. The Service will process all applications as quickly as possible. However, we cannot
guarantee final action within the time limit you request. You should ensure that applications for permits
for marine mammals and/or endangered and threatened species are postmarked at least 90 calendar
days prior to the requested effective date. The time we require for processing of endangered and
threatened species incidental take permits will vary according to the project scope and significance of
effects. Submit applications for all other permits to the issuing/reviewing office and ensure they are
postmarked at least 60 calendar days prior to the requested effective date. Our processing time may be
increased by the procedural requirements of the National Environmental Policy Act (NEPA), the
requirement to publish a notice in theFederal Registerrequesting a 30-day public comment period when
we receive certain types of permit applications, and/or the time required for extensive consultation within
the Service, with other Federal agencies, and/or State or foreign governments. When applicable, we
may require permit applicants to provide additional information on the proposal and on its environmental
effects as may be necessary to satisfy the procedural requirements of NEPA.
(d) Fees. (1) Unless otherwise exempted under this subsection, you must pay the required permit
processing fee at the time that you apply for issuance or amendment of a permit. You must pay by check
or money order made payable to the “U.S. Fish and Wildlife Service.” The Service will not refund any
application fee under any circumstances if we have processed the application. However, we may return
the application fee if you withdraw the application before we have significantly processed it.

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(2) If regulations in this subchapter require more than one type of permit for an activity and the permits
are issued by the same office, the issuing office may issue one consolidated permit authorizing the
activity in accordance with §13.1. You may submit a single application in such cases, provided that the
single application contains all the information required by the separate applications for each permitted
activity. Where more than one permitted activity is consolidated into one permit, the issuing office will
charge the highest single fee for the activity permitted.
(3) Circumstances under which we will not charge a permit application fee are as follows:
(i) We will not charge a permit application fee to any Federal, tribal, State, or local government agency or
to any individual or institution acting on behalf of such agency. Except as otherwise authorized or
waived, if you fail to submit evidence of such status with your application, we will require the submission
of all processing fees prior to the acceptance of the application for processing.
(ii) As noted in paragraph (d)(4) of this section.
(iii) We may waive the fee on a case-by-case basis for extraordinary extenuating circumstances
provided that the issuing permit office and a Regional or Assistant Director approves the waiver.
(4) User fees. The following table identifies specific fees for each permit application or amendment to a
current permit. If no fee is identified under the Amendment Fee column, this particular permit either
cannot be amended and a new application, and application fee, would need to be submitted or no fee
will be charged for amending the permit (please contact the issuing office for further information).

CFR
Type of permit
citation
Migratory Bird Treaty Act
Migratory Bird Import/Export
50 CFR
21
Migratory Bird Banding or Marking
50 CFR
21
Migratory Bird Scientific Collecting
50 CFR
21
Migratory Bird Taxidermy
50 CFR
21
Waterfowl Sale and Disposal
50 CFR
21
Special Canada Goose
50 CFR
21
Migratory Bird Special Purpose/Education
50 CFR
21
Migratory Bird Special Purpose/Salvage
50 CFR
21
Migratory Bird Special Purpose/Game Bird
50 CFR
Propagation
21
Migratory Bird Special Purpose/Miscellaneous
50 CFR
21
Falconry
50 CFR
21
Raptor Propagation
50 CFR
21

Amendment
Fee
fee
$75

100

$50

100
75

75
75
75
100
100
100

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50 CFR
50
21
Migratory Bird Depredation
50 CFR 100
21
Migratory Bird Depredation/Homeowner
50 CFR
50
21
Bald and Golden Eagle Protection Act
Eagle Scientific Collecting
50 CFR 100
22
Eagle Exhibition
50 CFR
75
22
Eagle Falconry
50 CFR 100
22
Eagle—Native American Religion
50 CFR
22
Eagle Depredation
50 CFR 100
22
Golden Eagle Nest Take
50 CFR 100
22
Eagle Transport—Scientific or Exhibition
50 CFR
75
22
Eagle Transport—Native American Religious
50 CFR
(1 )
Purposes
22
Endangered Species Act/CITES/Lacey Act
ESA Recovery
50 CFR 100
17
ESA Interstate Commerce
50 CFR 100
17
ESA Enhancement of Survival (Safe Harbor
50 CFR
50
Agreement)
17
ESA Enhancement of Survival (Candidate
50 CFR
50
Conservation Agreement with Assurances)
17
ESA Incidental Take (Habitat Conservation Plan) 50 CFR 100
17
ESA and CITES Import/Export and Foreign
50 CFR 100
Commerce
17
ESA and CITES Museum Exchange
50 CFR 100
17
ESA Captive-bred Wildlife Registration
50 CFR 200
17
—Renewal of Captive-bred wildlife
50 CFR 100
registration
17
CITES Import (including trophies under ESA and 50 CFR 100
MMPA)
17, 18,

Page 6 of 19

Migratory Bird Rehabilitation

50

50

50
50

(1)

50
50
25
25
50
50
50
100

50

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23
CITES Export
50 CFR
23
CITES Pre-Convention
50 CFR
23
CITES Certificate of Origin
50 CFR
23
CITES Re-Export
50 CFR
23
CITES Personal Effects and Pet Export/Re50 CFR
Export
23
CITES Appendix II Export (native furbearers and 50 CFR
alligators—excluding live animals)
23
CITES Master File (includes files for artificial
50 CFR
propagation, biomedical, etc. and covers import, 23
export, and re-export documents)
—Renewal of CITES Master File
50 CFR
23
—Single-use permits issued on Master 50 CFR
File
23
CITES Annual Program File
50 CFR
23
—Single-use permits issued under
50 CFR
Annual Program
23
CITES replacement documents (lost, stolen, or 50 CFR
damaged documents)
23
CITES Passport for Traveling Exhibitions and
50 CFR
Pets
23
CITES/ESA Passport for Traveling Exhibitions
50 CFR
23
Import/Export License
50 CFR
14
Designated Port Exception
50 CFR
14
Injurious Wildlife Permit
50 CFR
16
—Transport Authorization for Injurious 50 CFR
Wildlife
16
Wild Bird Conservation Act (WBCA)
Personal Pet Import
50 CFR
15
WBCA Scientific Research, Zoological Breeding 50 CFR
or Display, Cooperative Breeding
15
WBCA Approval of Cooperative Breeding
50 CFR

Page 7 of 19

100

50

75

40

75

40

75

40

50
100

50

200

100

100
25

50
25

50

50

375
3100

100

50

100

50

100

50

25

50
100

50

200

100

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15
50 CFR
50
15
50 CFR 4250
15
Marine Mammal Protection Act
Marine Mammal Public Display
50 CFR 300
18
Marine Mammal Scientific
50 CFR 150
Research/Enhancement/Registered Agent or
18
Tannery
—Renewal of Marine Mammal Scientific 50 CFR
75
Research/Enhancement/Registered
18
Agent or Tannery

Page 8 of 19

Programs
—Renewal of a WBCA Cooperative
Breeding Program
WBCA Approval of a Foreign Breeding Facility

1No

150
75

fee.

2Each.
3Per

animal.

4Per

species.

(5) We will charge a fee for substantive amendments made to permits within the time period that the
permit is still valid. The fee is generally half the original fee assessed at the time that the permit is
processed; see paragraph (d)(4) of this section for the exact amount. Substantive amendments are
those that pertain to the purpose and conditions of the permit and are not purely administrative.
Administrative changes, such as updating name and address information, are required under 13.23(c),
and we will not charge a fee for such amendments.
(6) Except as specifically noted in paragraph (d)(4) of this section, a permit renewal is an issuance of a
new permit, and applicants for permit renewal must pay the appropriate fee listed in paragraph (d)(4) of
this section.
(e) Abandoned or incomplete applications. If we receive an incomplete or improperly executed
application, or if you do not submit the proper fees, the issuing office will notify you of the deficiency. If
you fail to supply the correct information to complete the application or to pay the required fees within 45
calendar days of the date of notification, we will consider the application abandoned. We will not refund
any fees for an abandoned application.
[70 FR 18317, Apr. 11, 2005]

§ 13.12 General information requirements on applications for permits.
top
(a) General information required for all applications. All applications must contain the following
information:
(1) Applicant's full name, mailing address, telephone number(s), and,
(i) If the applicant is an individual, the date of birth, height, weight, hair color, eye color, sex, and any

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business or institutional affiliation of the applicant related to the requested permitted activity; or
(ii) If the applicant is a corporation, firm, partnership, association, institution, or public or private agency,
the name and address of the president or principal officer and of the registered agent for the service of
process;
(2) Location where the requested permitted activity is to occur or be conducted;
(3) Reference to the part(s) and section(s) of this subchapter B as listed in paragraph (b) of this section
under which the application is made for a permit or permits, together with any additional justification,
including supporting documentation as required by the referenced part(s) and section(s);
(4) If the requested permitted activity involves the import or re-export of wildlife or plants from or to any
foreign country, and the country of origin, or the country of export or re-export restricts the taking,
possession, transportation, exportation, or sale of wildlife or plants, documentation as indicated in
§14.52(c) of this subchapter B;
(5) Certification in the following language:

I hereby certify that I have read and am familiar with the regulations contained in title 50, part
13, of the Code of Federal Regulations and the other applicable parts in subchapter B of
chapter I of title 50, Code of Federal Regulations, and I further certify that the information
submitted in this application for a permit is complete and accurate to the best of my
knowledge and belief. I understand that any false statement herein may subject me to
suspension or revocation of this permit and to the criminal penalties of 18 U.S.C. 1001.
(6) Desired effective date of permit except where issuance date is fixed by the part under which the
permit is issued;
(7) Date;
(8) Signature of the applicant; and
(9) Such other information as the Director determines relevant to the processing of the application,
including, but not limited to, information on the environmental effects of the activity consistent with 40
CFR 1506.5 and Departmental procedures at 516 DM 6, Appendix 1.3A.
(b) Additional information required on permit applications. As stated in paragraph (a)(3) of this section
certain additional information is required on all applications. These additional requirements may be
found by referring to the section of this subchapter B cited after the type of permit for which application is
being made:

Type of permit
Importation at nondesignated ports:
Scientific
Deterioration prevention
Economic hardship
Marking of package or container:
Symbol marking
Import/export license
Feather import quota: Importation or entry
Injurious wildlife: Importation or shipment
Endangered wildlife and plant permits:

Section
14.31
14.32
14.33
14.83
14.93
15.21
16.22

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Similarity of appearance
Scientific, enhancement of propagation or survival, incidental
taking for wildlife
Scientific, propagation, or survival for plants
Economic hardship for wildlife
Economic hardship for plants
Threatened wildlife and plant permits:
Similarity of appearance
General for wildlife
American alligator-buyer or tanner
General for plants
Marine mammals permits:
Scientific research
Public display
Migratory bird permits:
Banding or marking
Scientific collecting
Taxidermist
Waterfowl sale and disposal
Special aviculturist
Special purpose
Falconry
Raptor propagation permit
Depredation control
Eagle permits:
Scientific or exhibition
Indian religious use
Depredation control
Falconry purposes
Take of golden eagle nests
Endangered Species Convention permits

Page 10 of 19

17.52
17.22
17.62
17.23
17.63
17.52
17.32
17.42
(a)
17.72
18.31
18.31
21.22
21.23
21.24
21.25
21.26
21.27
21.28
21.30
21.41
22.21
22.22
22.23
22.24
22.25
23.15

[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 10465, Feb. 22, 1977; 42 FR 32377, June 24, 1977;
44 FR 54006, Sept. 17, 1979; 44 FR 59083, Oct. 12, 1979; 45 FR 56673, Aug. 25, 1980; 45 FR 78154,
Nov. 25, 1980; 46 FR 42680, Aug. 24, 1981; 48 FR 31607, July 8, 1983; 48 FR 57300, Dec. 29, 1983;
50 FR 39687, Sept. 30, 1985; 50 FR 45408, Oct. 31, 1985; 54 FR 38147, Sept. 14, 1989; 70 FR 18319,
Apr. 11, 2005]

Subpart C—Permit Administration
top

§ 13.21 Issuance of permits.

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top
(a) No permit may be issued prior to the receipt of a written application therefor, unless a written
variation from the requirements, as authorized by §13.4, is inserted into the official file of the Bureau. An
oral or written representation of an employee or agent of the United States Government, or an action of
such employee or agent, shall not be construed as a permit unless it meets the requirements of a permit
as defined in 50 CFR 10.12.
(b) Upon receipt of a properly executed application for a permit, the Director shall issue the appropriate
permit unless:
(1) The applicant has been assessed a civil penalty or convicted of any criminal provision of any statute
or regulation relating to the activity for which the application is filed, if such assessment or conviction
evidences a lack of responsibility.
(2) The applicant has failed to disclose material information required, or has made false statements as to
any material fact, in connection with his application;
(3) The applicant has failed to demonstrate a valid justification for the permit and a showing of
responsibility;
(4) The authorization requested potentially threatens a wildlife or plant population, or
(5) The Director finds through further inquiry or investigation, or otherwise, that the applicant is not
qualified.
(c) Disqualifying factors. Any one of the following will disqualify a person from receiving permits issued
under this part.
(1) A conviction, or entry of a plea of guilty or nolo contendere, for a felony violation of the Lacey Act, the
Migratory Bird Treaty Act, or the Bald and Golden Eagle Protection Act disqualifies any such person
from receiving or exercising the privileges of a permit, unless such disqualification has been expressly
waived by the Director in response to a written petition.
(2) The revocation of a permit for reasons found in §13.28 (a)(1) or (a)(2) disqualifies any such person
from receiving or exercising the privileges of a similar permit for a period of five years from the date of
the final agency decision on such revocation.
(3) The failure to pay any required fees or assessed costs and penalties, whether or not reduced to
judgement disqualifies such person from receiving or exercising the privileges of a permit as long as
such moneys are owed to the United States. This requirement shall not apply to any civil penalty
presently subject to administrative or judicial appeal; provided that the pendency of a collection action
brought by the United States or its assignees shall not constitute an appeal within the meaning of this
subsection.
(4) The failure to submit timely, accurate, or valid reports as required may disqualify such person from
receiving or exercising the privileges of a permit as long as the deficiency exists.
(d) Use of supplemental information. The issuing officer, in making a determination under this
subsection, may use any information available that is relevant to the issue. This may include any prior
conviction, or entry of a plea of guilty or nolo contendere, or assessment of civil or criminal penalty for a
violation of any Federal or State law or regulation governing the permitted activity. It may also include
any prior permit revocations or suspensions, or any reports of State or local officials. The issuing officer
shall consider all relevant facts or information available, and may make independent inquiry or
investigation to verify information or substantiate qualifications asserted by the applicant.
(e) Conditions of issuance and acceptance —(1) Conditions of issuance and acceptance. Any permit
automatically incorporates within its terms the conditions and requirements of subpart D of this part and
of any part(s) or section(s) specifically authorizing or governing the activity for which the permit is issued,
as well as any other conditions deemed appropriate and included on the face of the permit at the

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discretion of the Director.
(2) Any person accepting and holding a permit under this subchapter B acknowledges the necessity for
close regulation and monitoring of the permitted activity by the Government. By accepting such permit,
the permittee consents to and shall allow entry by agents or employees of the Service upon premises
where the permitted activity is conducted at any reasonable hour. Service agents or employees may
enter such premises to inspect the location; any books, records, or permits required to be kept by this
subchapter B; and any wildlife or plants kept under authority of the permit.
(f) Term of permit. Unless otherwise modified, a permit is valid during the period specified on the face of
the permit. Such period shall include the effective date and the date of expiration.
(g) Denial. The issuing officer may deny a permit to any applicant who fails to meet the issuance criteria
set forth in this section or in the part(s) or section(s) specifically governing the activity for which the
permit is requested.
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 47 FR 30785, July 15, 1982; 54
FR 38148, Sept. 14, 1989; 70 FR 18319, Apr. 11, 2005]

§ 13.22 Renewal of permits.
top
(a) Application for renewal. Applicants for renewal of a permit must submit a written application at least
30 days prior to the expiration date of the permit. Applicants must certify in the form required by §13.12
(a)(5) that all statements and information in the original application remain current and correct, unless
previously changed or corrected. If such information is no longer current or correct, the applicant must
provide corrected information.
(b) Renewal criteria. The Service shall issue a renewal of a permit if the applicant meets the criteria for
issuance in §13.21(b) and is not disqualified under §13.21(c).
(c) Continuation of permitted activity. Any person holding a valid, renewable permit, who has complied
with this section, may continue the activities authorized by the expired permit until the Service has acted
on such person's application for renewal.
(d) Denial. The issuing officer may deny renewal of a permit to any applicant who fails to meet the
issuance criteria set forth in §13.21 of this part, or in the part(s) or section(s) specifically governing the
activity for which the renewal is requested.
[54 FR 38148, Sept. 14, 1989]

§ 13.23 Amendment of permits.
top
(a) Permittee's request. Where circumstances have changed so that a permittee desires to have any
condition of his permit modified, such permittee must submit a full written justification and supporting
information in conformity with this part and the part under which the permit was issued.
(b) The Service reserves the right to amend any permit for just cause at any time during its term, upon
written finding of necessity, provided that any such amendment of a permit issued under §17.22(b)
through (d) or §17.32(b) through (d) of this subchapter shall be consistent with the requirements of
§17.22(b)(5), (c)(5) and (d)(5) or §17.32(b)(5), (c)(5) and (d)(5) of this subchapter, respectively.
(c) Change of name or address. A permittee is not required to obtain a new permit if there is a change in
the legal individual or business name, or in the mailing address of the permittee. A permittee is required
to notify the issuing office within 10 calendar days of such change. This provision does not authorize any

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change in location of the conduct of the permitted activity when approval of the location is a qualifying
condition of the permit.
[54 FR 38148, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999]

§ 13.24 Right of succession by certain persons.
top
(a) Certain persons other than the permittee are authorized to carry on a permitted activity for the
remainder of the term of a current permit, provided they comply with the provisions of paragraph (b) of
this section. Such persons are the following:
(1) The surviving spouse, child, executor, administrator, or other legal representative of a deceased
permittee; or
(2) A receiver or trustee in bankruptcy or a court designated assignee for the benefit of creditors.
(b) In order to qualify for the authorization provided in this section, the person or persons desiring to
continue the activity shall furnish the permit to the issuing officer for endorsement within 90 days from
the date the successor begins to carry on the activity.
(c) In the case of permits issued under §17.22(b) through (d) or §17.32(b) through (d) of this subchapter
B, the successor's authorization under the permit is also subject to a determination by the Service that:
(1) The successor meets all of the qualifications under this part for holding a permit;
(2) The successor has provided adequate written assurances that it will provide sufficient funding for the
conservation plan or Agreement and will implement the relevant terms and conditions of the permit,
including any outstanding minimization and mitigation requirements; and
(3) The successor has provided such other information as the Service determines is relevant to the
processing of the request.
[64 FR 32711, June 17, 1999]

§ 13.25 Transfer of permits and scope of permit authorization.
top
(a) Except as otherwise provided for in this section, permits issued under this part are not transferable or
assignable.
(b) Permits issued under §17.22(b) or §17.32(b) of this subchapter B may be transferred in whole or in
part through a joint submission by the permittee and the proposed transferee or in the case of a
deceased permittee, the deceased permittee's legal representative and the proposed transferee,
provided the Service determines that:
(1) The proposed transferee meets all of the qualifications under this part for holding a permit;
(2) The proposed transferee has provided adequate written assurances that it will provide sufficient
funding for the conservation plan or Agreement and will implement the relevant terms and conditions of
the permit, including any outstanding minimization and mitigation requirements; and
(3) The proposed transferee has provided such other information as the Service determines is relevant
to the processing of the submission.

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(c) In the case of the transfer of lands subject to an agreement and permit issued under §17.22(c) or (d)
or §17.32 (c) or (d) of this subchapter B, the Service will transfer the permit to the new owner if the new
owner agrees in writing to become a party to the original agreement and permit.
(d) Except as otherwise stated on the face of the permit, any person who is under the direct control of
the permittee, or who is employed by or under contract to the permittee for purposes authorized by the
permit, may carry out the activity authorized by the permit.
(e) In the case of permits issued under §17.22(b)–(d) or §17.32(b)–(d) of this subchapter to a State or
local governmental entity, a person is under the direct control of the permittee where:
(1) The person is under the jurisdiction of the permittee and the permit provides that such person(s) may
carry out the authorized activity; or
(2) The person has been issued a permit by the governmental entity or has executed a written
instrument with the governmental entity, pursuant to the terms of the implementing agreement.
[64 FR 32711, June 17, 1999, as amended at 64 FR 52676, Sept. 30, 1999; 69 FR 24092, May 3, 2004]

§ 13.26 Discontinuance of permit activity.
top
When a permittee, or any successor to a permittee as provided for by §13.24, discontinues activities
authorized by a permit, the permittee shall within 30 calendar days of the discontinuance return the
permit to the issuing office together with a written statement surrendering the permit for cancellation. The
permit shall be deemed void and cancelled upon its receipt by the issuing office. No refund of any fees
paid for issuance of the permit or for any other fees or costs associated with a permitted activity shall be
made when a permit is surrendered for cancellation for any reason prior to the expiration date stated on
the face of the permit.
[54 FR 38149, Sept. 14, 1989]

§ 13.27 Permit suspension.
top
(a) Criteria for suspension. The privileges of exercising some or all of the permit authority may be
suspended at any time if the permittee is not in compliance with the conditions of the permit, or with any
applicable laws or regulations governing the conduct of the permitted activity. The issuing officer may
also suspend all or part of the privileges authorized by a permit if the permittee fails to pay any fees,
penalties or costs owed to the Government. Such suspension shall remain in effect until the issuing
officer determines that the permittee has corrected the deficiencies.
(b) Procedure for suspension. (1) When the issuing officer believes there are valid grounds for
suspending a permit the permittee shall be notified in writing of the proposed suspension by certified or
registered mail. This notice shall identify the permit to be suspended, the reason(s) for such suspension,
the actions necessary to correct the deficiencies, and inform the permittee of the right to object to the
proposed suspension. The issuing officer may amend any notice of suspension at any time.
(2) Upon receipt of a notice of proposed suspension the permittee may file a written objection to the
proposed action. Such objection must be in writing, must be filed within 45 calendar days of the date of
the notice of proposal, must state the reasons why the permittee objects to the proposed suspension,
and may include supporting documentation.
(3) A decision on the suspension shall be made within 45 days after the end of the objection period. The
issuing officer shall notify the permittee in writing of the Service's decision and the reasons therefore.
The issuing officer shall also provide the applicant with the information concerning the right to request
reconsideration of the decision under §13.29 of this part and the procedures for requesting

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reconsideration.
[54 FR 38149, Sept. 14, 1989]

§ 13.28 Permit revocation.
top
(a) Criteria for revocation. A permit may be revoked for any of the following reasons:
(1) The permittee willfully violates any Federal or State statute or regulation, or any Indian tribal law or
regulation, or any law or regulation of any foreign country, which involves a violation of the conditions of
the permit or of the laws or regulations governing the permitted activity; or
(2) The permittee fails within 60 days to correct deficiencies that were the cause of a permit suspension;
or
(3) The permittee becomes disqualified under §13.21(c) of this part; or
(4) A change occurs in the statute or regulation authorizing the permit that prohibits the continuation of a
permit issued by the Service; or
(5) Except for permits issued under §17.22(b) through (d) or §17.32(b) through (d) of this subchapter,
the population(s) of the wildlife or plant that is the subject of the permit declines to the extent that
continuation of the permitted activity would be detrimental to maintenance or recovery of the affected
population.
(b) Procedure for revocation. (1) When the issuing officer believes there are valid grounds for revoking a
permit, the permittee shall be notified in writing of the proposed revocation by certified or registered mail.
This notice shall identify the permit to be revoked, the reason(s) for such revocation, the proposed
disposition of the wildlife, if any, and inform the permittee of the right to object to the proposed
revocation. The issuing officer may amend any notice of revocation at any time.
(2) Upon receipt of a notice of proposed revocation the permittee may file a written objection to the
proposed action. Such objection must be in writing, must be filed within 45 calendar days of the date of
the notice of proposal, must state the reasons why the permittee objects to the proposed revocation, and
may include supporting documentation.
(3) A decision on the revocation shall be made within 45 days after the end of the objection period. The
issuing officer shall notify the permittee in writing of the Service's decision and the reasons therefore,
together with the information concerning the right to request and the procedures for requesting
reconsideration.
(4) Unless a permittee files a timely request for reconsideration, any wildlife held under authority of a
permit that is revoked must be disposed of in accordance with instructions of the issuing officer. If a
permittee files a timely request for reconsideration of a proposed revocation, such permittee may retain
possession of any wildlife held under authority of the permit until final disposition of the appeal process.
[54 FR 38149, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999]

§ 13.29 Review procedures.
top
(a) Request for reconsideration. Any person may request reconsideration of an action under this part if
that person is one of the following:

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(1) An applicant for a permit who has received written notice of denial;
(2) An applicant for renewal who has received written notice that a renewal is denied;
(3) A permittee who has a permit amended, suspended, or revoked, except for those actions which are
required by changes in statutes or regulations, or are emergency changes of limited applicability for
which an expiration date is set within 90 days of the permit change; or
(4) A permittee who has a permit issued or renewed but has not been granted authority by the permit to
perform all activities requested in the application, except when the activity requested is one for which
there is no lawful authority to issue a permit.
(b) Method of requesting reconsideration. Any person requesting reconsideration of an action under this
part must comply with the following criteria:
(1) Any request for reconsideration must be in writing, signed by the person requesting reconsideration
or by the legal representative of that person, and must be submitted to the issuing officer.
(2) The request for reconsideration must be received by the issuing officer within 45 calendar days of the
date of notification of the decision for which reconsideration is being requested.
(3) The request for reconsideration shall state the decision for which reconsideration is being requested
and shall state the reason(s) for the reconsideration, including presenting any new information or facts
pertinent to the issue(s) raised by the request for reconsideration.
(4) The request for reconsideration shall contain a certification in substantially the same form as that
provided by §13.12(a)(5). If a request for reconsideration does not contain such certification, but is
otherwise timely and appropriate, it shall be held and the person submitting the request shall be given
written notice of the need to submit the certification within 15 calendar days. Failure to submit
certification shall result in the request being rejected as insufficient in form and content.
(c) Inquiry by the Service. The Service may institute a separate inquiry into the matter under
consideration.
(d) Determination of grant or denial of a request for reconsideration. The issuing officer shall notify the
permittee of the Service's decision within 45 days of the receipt of the request for reconsideration. This
notification shall be in writing, shall state the reasons for the decision, and shall contain a description of
the evidence which was relied upon by the issuing officer. The notification shall also provide information
concerning the right to appeal, the official to whom an appeal may be addressed, and the procedures for
making an appeal.
(e) Appeal. A person who has received an adverse decision following submission of a request for
reconsideration may submit a written appeal to the Regional Director for the region in which the issuing
office is located, or to the Director for offices which report directly to the Director. An appeal must be
submitted within 45 days of the date of the notification of the decision on the request for reconsideration.
The appeal shall state the reason(s) and issue(s) upon which the appeal is based and may contain any
additional evidence or arguments to support the appeal.
(f) Decision on appeal. (1) Before a decision is made concerning the appeal the appellant may present
oral arguments before the Regional Director or the Director, as appropriate, if such official judges oral
arguments are necessary to clarify issues raised in the written record.
(2) The Service shall notify the appellant in writing of its decision within 45 calendar days of receipt of
the appeal, unless extended for good cause and the appellant notified of the extension.
(3) The decision of the Regional Director or the Director shall constitute the final administrative decision
of the Department of the Interior.
[54 FR 38149, Sept. 14, 1989]

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Subpart D—Conditions
top

§ 13.41 Humane conditions.
top
Any live wildlife possessed under a permit must be maintained under humane and healthful conditions.
[54 FR 38150, Sept. 14, 1989]

§ 13.42 Permits are specific.
top
The authorizations on the face of a permit that set forth specific times, dates, places, methods of taking
or carrying out the permitted activities, numbers and kinds of wildlife or plants, location of activity, and
associated activities that must be carried out; describe certain circumscribed transactions; or otherwise
allow a specifically limited matter, are to be strictly interpreted and will not be interpreted to permit similar
or related matters outside the scope of strict construction.
[70 FR 18320, Apr. 11, 2005]

§ 13.43 Alteration of permits.
top
Permits shall not be altered, erased, or mutilated, and any permit which has been altered, erased, or
mutilated shall immediately become invalid. Unless specifically permitted on the face thereof, no permit
shall be copied, nor shall any copy of a permit issued pursuant to this subchapter B be displayed,
offered for inspection, or otherwise used for any official purpose for which the permit was issued.

§ 13.44 Display of permit.
top
Any permit issued under this part shall be displayed for inspection upon request to the Director or his
agent, or to any other person relying upon its existence.

§ 13.45 Filing of reports.
top
Permittees may be required to file reports of the activities conducted under the permit. Any such reports
shall be filed not later than March 31 for the preceding calendar year ending December 31, or any
portion thereof, during which a permit was in force, unless the regulations of this subchapter B or the
provisions of the permit set forth other reporting requirements.

§ 13.46 Maintenance of records.
top

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From the date of issuance of the permit, the permittee shall maintain complete and accurate records of
any taking, possession, transportation, sale, purchase, barter, exportation, or importation of plants
obtained from the wild (excluding seeds) or wildlife pursuant to such permit. Such records shall be kept
current and shall include names and addresses of persons with whom any plant obtained from the wild
(excluding seeds) or wildlife has been purchased, sold, bartered, or otherwise transferred, and the date
of such transaction, and such other information as may be required or appropriate. Such records shall
be legibly written or reproducible in English and shall be maintained for five years from the date of
expiration of the permit.
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 54 FR 38150, Sept. 14, 1989]

§ 13.47 Inspection requirement.
top
Any person holding a permit under this subchapter B shall allow the Director's agent to enter his
premises at any reasonable hour to inspect any wildlife or plant held or to inspect, audit, or copy any
permits, books, or records required to be kept by regulations of this subchapter B.
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977]

§ 13.48 Compliance with conditions of permit.
top
Any person holding a permit under subchapter B and any person acting under authority of such permit
must comply with all conditions of the permit and with all appllicable laws and regulations governing the
permitted activity.
[54 FR 38150, Sept. 14, 1989]

§ 13.49 Surrender of permit.
top
Any person holding a permit under subchapter B shall surrender such permit to the issuing officer upon
notification that the permit has been suspended or revoked by the Service, and all appeal procedures
have been exhausted.
[54 FR 38150, Sept. 14, 1989]

§ 13.50 Acceptance of liability.
top
Except as otherwise limited in the case of permits described in §13.25(d), any person holding a permit
under this subchapter B assumes all liability and responsibility for the conduct of any activity conducted
under the authority of such permit.
[64 FR 32711, June 17, 1999]
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For questions concerning e-CFR programming and delivery issues, email [email protected].
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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations

Electronic Code of Federal Regulations (e-CFR)
e-CFR Data is current as of June 25, 2007
Title 50: Wildlife and Fisheries
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PART 21—MIGRATORY BIRD PERMITS

Section Contents

Subpart A—Introduction
§ 21.1
§ 21.2
§ 21.3
§ 21.4

Purpose of regulations.
Scope of regulations.
Definitions.
Information collection requirements.
Subpart B—General Requirements and Exceptions

§ 21.11
§ 21.12
§ 21.13
§ 21.14
§ 21.15

General permit requirements.
General exceptions to permit requirements.
Permit exceptions for captive-reared mallard ducks.
Permit exceptions for captive-reared migratory waterfowl other than mallard ducks.
Authorization of take incidental to military readiness activities.
Subpart C—Specific Permit Provisions

§ 21.21
§ 21.22
§ 21.23
§ 21.24
§ 21.25
§ 21.26
§ 21.27
§ 21.28
§ 21.29
§ 21.30
§ 21.31

Import and export permits.
Banding or marking permits.
Scientific collecting permits.
Taxidermist permits.
Waterfowl sale and disposal permits.
Special Canada goose permit.
Special purpose permits.
Falconry permits.
Federal falconry standards.
Raptor propagation permits.
Rehabilitation permits.
Subpart D—Control of Depredating and Otherwise Injurious Birds

§ 21.41
§ 21.42
§ 21.43
§ 21.44
§ 21.45
§ 21.46
Oregon.
§ 21.47
§ 21.48
§ 21.49
§ 21.50

Depredation permits.
Authority to issue depredating orders to permit the killing of migratory game birds.
Depredation order for blackbirds, cowbirds, grackles, crows and magpies.
Depredation order for designated species of depredating birds in California.
Depredation order for depredating purple gallinules in Louisiana.
Depredation order for depredating scrub jays and Steller's jays in Washington and
Depredation order for double-crested cormorants at aquaculture facilities.
Depredation order for double-crested cormorants to protect public resources.
Control order for resident Canada geese at airports and military airfields.
Depredation order for resident Canada geese nests and eggs.

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§ 21.51 Depredation order for resident Canada geese at agricultural facilities.
§ 21.52 Public health control order for resident Canada geese.
Subpart E—Control of Overabundant Migratory Bird Populations
§ 21.60 Conservation order for mid-continent light geese.
§ 21.61 Population control of resident Canada geese.

Authority: Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703); Public Law 95–616, 92
Stat. 3112 (16 U.S.C. 712(2)); Public Law 106–108, 113 Stat. 1491, Note Following 16 U.S.C.
703.
Source: 39 FR 1178, Jan. 4, 1974, unless otherwise noted.
Subpart A—Introduction
top

§ 21.1 Purpose of regulations.
top
The regulations contained in this part supplement the general permit regulations of part 13 of this
subchapter with respect to permits for the taking, possession, transporation, sale, purchase, barter,
importation, exportation, and banding or marking of migratory birds. This part also provides certain
exceptions to permit requirements for public, scientific, or educational institutions, and establishes
depredation orders which provide limited exceptions to the Migratory Bird Treaty Act (16 U.S.C. 703–
712).
[54 FR 38150, Sept. 14, 1989]

§ 21.2 Scope of regulations.
top
(a) Migratory birds, their parts, nests, or eggs, lawfully acquired prior to the effective date of Federal
protection under the Migratory Bird Treaty Act (16 U.S.C. 703–712) may be possessed or transported
without a permit, but may not be imported, exported, purchased, sold, bartered, or offered for purchase,
sale or barter, and all shipments of such birds must be marked as provided by part 14 of this subchapter:
Provide, no exemption from any statute or regulation shall accrue to any offspring of such migratory
birds.
(b) This part, except for §21.12(a), (c), and (d) (general permit exceptions); §21.22 (banding or marking);
§21.29 (Federal falconry standards); and §21.31 (rehabilitation), does not apply to the bald eagle
( Haliaeetus leucocephalus ) or the golden eagle ( Aquila chrysaetos ), for which regulations are
provided in part 22 of this subchapter.
(c) The provisions of this part are in addition to, and are not in lieu of other regulations of this subchapter
B which may require a permit or prescribe additional restrictions or conditions for the importation,
exportation, and interstate transportation of wildlife (see also part 13).
[39 FR 1178, Jan. 4, 1974, as amended at 46 FR 42680, Aug. 24, 1981; 68 FR 61137, Oct. 27, 2003]

§ 21.3 Definitions.

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top
In addition to definitions contained in part 10 of this chapter, and unless the context requires otherwise,
as used in this part:
Armed Forces means the Army, Navy, Air Force, Marine Corps, Coast Guard, and the National Guard of
any State.
Bred in captivity or captive-bred refers to raptors, including eggs, hatched in captivity from parents that
mated or otherwise transferred gametes in captivity.
Captivity means that a live raptor is held in a controlled environment that is intensively manipulated by
man for the purpose of producing raptors of selected species, and that has boundaries designed to
prevent raptors, eggs or gametes of the selected species from entering or leaving the controlled
environment. General characteristics of captivity may include, but are not limited to, artificial housing,
waste removal, health care, protection from predators, and artificially supplied food.
Conservation measures, as used in §21.15, means project design or mitigation activities that are
reasonable from a scientific, technological, and economic standpoint, and are necessary to avoid,
minimize, or mitigate the take of migratory birds or other adverse impacts. Conservation measures
should be implemented in a reasonable period of time.
Falconry means the sport of taking quarry by means of a trained raptor.
Military readiness activity, as defined in Pub. L. 107–314, §315(f), 116 Stat. 2458 (Dec. 2, 2002) [Pub. L.
§319 (c)(1)], includes all training and operations of the Armed Forces that relate to combat, and the
adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper
operation and suitability for combat use. It does not include (a) routine operation of installation operating
support functions, such as: administrative offices; military exchanges; commissaries; water treatment
facilities; storage facilities; schools; housing; motor pools; laundries; morale, welfare, and recreation
activities; shops; and mess halls, (b) operation of industrial activities, or (c) construction or demolition of
facilities listed above.
Population, as used in §21.15, means a group of distinct, coexisting, conspecific individuals, whose
breeding site fidelity, migration routes, and wintering areas are temporally and spatially stable,
sufficiently distinct geographically (at some time of the year), and adequately described so that the
population can be effectively monitored to discern changes in its status.
Raptor means a live migratory bird of the Order Falconiformes or the Order Strigiformes, other than a
bald eagle ( Haliaeetus leucocephalus ) or a golden eagle ( Aquila chrysaetos ).
Resident Canada geese means Canada geese that nest within the lower 48 States in the months of
March, April, May, or June, or reside within the lower 48 States and the District of Columbia in the
months of April, May, June, July, or August.
Secretary of Defense means the Secretary of Defense or any other national defense official who has
been nominated by the President and confirmed by the Senate.
Service or we means the U.S. Fish and Wildlife Service, Department of the Interior.
Significant adverse effect on a population, as used in §21.15, means an effect that could, within a
reasonable period of time, diminish the capacity of a population of migratory bird species to sustain itself
at a biologically viable level. A population is “biologically viable” when its ability to maintain its genetic
diversity, to reproduce, and to function effectively in its native ecosystem is not significantly harmed. This
effect may be characterized by increased risk to the population from actions that cause direct mortality
or a reduction in fecundity. Assessment of impacts should take into account yearly variations and
migratory movements of the impacted species. Due to the significant variability in potential military
readiness activities and the species that may be impacted, determinations of significant measurable
decline will be made on a case-by-case basis.

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[48 FR 31607, July 8, 1983, as amended at 64 FR 32774, June 17, 1999; 71 FR 45986, Aug. 10, 2006;
72 FR 8949, Feb. 28. 2007]

§ 21.4 Information collection requirements.
top
(a) The Office of Management and Budget approved the information collection requirements contained
in this part 21 under 44 U.S.C. 3507 and assigned OMB Control Number 1018–0022. The Service may
not conduct or sponsor, and you are not required to respond to, a collection of information unless it
displays a currently valid OMB control number. We are collecting this information to provide information
necessary to evaluate permit applications. We will use this information to review permit applications and
make decisions, according to criteria established in the Migratory Bird Treaty Act, 16 U.S.C. 703–712
and its regulations, on the issuance, suspension, revocation, or denial of permits. You must respond to
obtain or retain a permit.
(b) We estimate the public reporting burden for these reporting requirements to vary from 15 minutes to
4 hours per response, with an average of 0.803 hours per response, including time for reviewing
instructions, gathering and maintaining data, and completing and reviewing the forms. Direct comments
regarding the burden estimate or any other aspect of these reporting requirements to the Service
Information Collection Control Officer, MS–222 ARLSQ, U.S. Fish and Wildlife Service, Washington, DC
20240, or the Office of Management and Budget, Paperwork Reduction Project (1018–0022),
Washington, DC 20603.
[63 FR 52637, Oct. 1, 1998]

Subpart B—General Requirements and Exceptions
top

§ 21.11 General permit requirements.
top
No person may take, possess, import, export, transport, sell, purchase, barter, or offer for sale,
purchase, or barter, any migratory bird, or the parts, nests, or eggs of such bird except as may be
permitted under the terms of a valid permit issued pursuant to the provisions of this part and part 13 of
this chapter, or as permitted by regulations in this part, or part 20 of this subchapter (the hunting
regulations), or part 92 of subchapter G of this chapter (the Alaska subsistence harvest regulations).
Birds taken or possessed under this part in “included areas” of Alaska as defined in §92.5(a) are subject
to this part and not to part 92 of subchapter G of this chapter.
[68 FR 43027, July 21, 2003]

§ 21.12 General exceptions to permit requirements.
top
The following exceptions to the permit requirement are allowed.
(a) Employees of the Department of the Interior authorized to enforce the provisions of the Migratory
Bird Treaty Act of July 3, 1918, as amended (40 Stat. 755; 16 U.S.C. 703–711), may, without a permit,
take or otherwise acquire, hold in custody, transport, and dispose of migratory birds or their parts, nests,
or eggs as necessary in performing their official duties.
(b) State game departments, municipal game farms or parks, and public museums, public zoological
parks, accredited institutional members of the American Association of Zoological Parks and Aquariums

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(AAZPA) and public scientific or educational institutions may acquire by gift or purchase, possess,
transport, and by gift or sale dispose of lawfully acquired migratory birds or their progeny, parts, nests, or
eggs without a permit: Provided, That such birds may be acquired only from persons authorized by this
paragraph or by a permit issued pursuant to this part to possess and dispose of such birds, or from
Federal or State game authorities by the gift of seized, condemned, r sick or injured birds. Any such
birds, acquired without a permit, and any progeny therefrom may be disposed of only to persons
authorized by this paragraph to acquire such birds without a permit. Any person exercising a privilege
granted by this paragraph must keep accurate records of such operations showing the species and
number of birds acquired, possessed, and disposed of; the names and addresses of the persons from
whom such birds were acquired or to whom such birds were donated or sold; and the dates of such
transactions. Records shall be maintained or reproducible in English on a calendar year basis and shall
be retained for a period of five (5) years following the end of the calendar year covered by the records.
(c) Employees of Federal, State, and local wildlife and land management agencies; employees of
Federal, State, and local public health agencies; and laboratories under contract to such agencies may
in the course of official business collect, possess, transport, and dispose of sick or dead migratory birds
or their parts for analysis to confirm the presence of infectious disease. Nothing in this paragraph
authorizes the take of uninjured or healthy birds without prior authorization from the Service.
Additionally, nothing in this paragraph authorizes the taking, collection, or possession of migratory birds
when circumstances indicate reasonable probability that death, injury, or disability was caused by factors
other than infectious disease and/or natural toxins. These factors may include, but are not limited to, oil
or chemical contamination, electrocution, shooting, or pesticides. If the cause of death of a bird is
determined to be other than natural causes or disease, Service law enforcement officials must be
contacted without delay.
(d) Licensed veterinarians are not required to obtain a Federal migratory bird permit to temporarily
possess, stabilize, or euthanize sick and injured migratory birds. However, a veterinarian without a
migratory bird rehabilitation permit must transfer any such bird to a federally permitted migratory bird
rehabilitator within 24 hours after the bird's condition is stabilized, unless the bird is euthanized. If a
veterinarian is unable to locate a permitted rehabilitator within that time, the veterinarian must contact his
or her Regional Migratory Bird Permit Office for assistance in locating a permitted migratory bird
rehabilitator and/or to obtain authorization to continue to hold the bird. In addition, veterinarians must:
(1) Notify the local U.S. Fish and Wildlife Service Ecological Services Office immediately upon receiving
a threatened or endangered migratory bird species. Contact information for Ecological Services offices
can be located on the Internet at http://offices.fws.gov ;
(2) Euthanize migratory birds as required by §21.31(e)(4)(iii) and §21.31(e)(4)(iv), and dispose of dead
migratory birds in accordance with §21.31(e)(4)(vi); and
(3) Keep records for 5 years of all migratory birds that die while in their care, including those they
euthanize. The records must include: the species of bird, the type of injury, the date of acquisition, the
date of death, and whether the bird was euthanized.
[39 FR 1178, Jan. 4, 1974, as amended at 50 FR 8638, Mar. 4, 1985; 54 FR 38151, Sept. 14, 1989; 68
FR 61137, Oct. 27, 2003]

§ 21.13 Permit exceptions for captive-reared mallard ducks.
top
Captive-reared and properly marked mallard ducks, alive or dead, or their eggs may be acquired,
possessed, sold, traded, donated, transported, and disposed of by any person without a permit, subject
to the following conditions, restrictions, and requirements:
(a) Nothing in this section shall be construed to permit the taking of live mallard ducks or their eggs from
the wild.
(b) All mallard ducks possessed in captivity, without a permit, shall have been physically marked by at
least one of the following methods prior to 6 weeks of age and all such ducks hatched, reared, and
retained in captivity thereafter shall be so marked prior to reaching 6 weeks of age.

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(1) Removal of the hind toe from the right foot.
(2) Pinioning of a wing: Provided, That this method shall be the removal of the metacarpal bones of one
wing or a portion of the metacarpal bones which renders the bird permanently incapable of flight.
(3) Banding of one metatarsus with a seamless metal band.
(4) Tattooing of a readily discernible number or letter or combination thereof on the web of one foot.
(c) When so marked, such live birds may be disposed of to, or acquired from, any person and
possessed and transferred in any number at any time or place: Provided, That all such birds shall be
physically marked prior to sale or disposal regardless of whether or not they have attained 6 weeks of
age.
(d) When so marked, such live birds may be killed, in any number, at any time or place, by any means
except shooting. Such birds may be killed by shooting only in accordance with all applicable hunting
regulations governing the taking of mallard ducks from the wild: Provided, That such birds may be killed
by shooting, in any number, at any time, within the confines of any premises operated as a shooting
preserve under State license, permit, or authorization; or they may be shot, in any number, at any time
or place, by any person for bona fide dog training or field trial purposes: Provided further, That the
provisions:
(1) The hunting regulations (part 20 of this subchapter), with the exception of §20.108 (Nontoxic shot
zones), and
(2) The Migratory Bird Hunting Stamp Act (duck stamp requirement) shall not apply to shooting preserve
operations as provided for in this paragraph, or to bona fide dog training or field trial operations.
(e) At all times during possession, transportation, and storage until the raw carcasses of such birds are
finally processed immediately prior to cooking, smoking, or canning, the marked foot or wing must
remain attached to each carcass: Provided, That persons, who operate game farms or shooting
preserves under a State license, permit, or authorization for such activities, may remove the marked foot
or wing when either the number of his State license, permit, or authorization has first been legibly
stamped in ink on the back of each carcass and on the container in which each carcass is maintained, or
each carcass is identified by a State band on leg or wing pursuant to requirements of his State license,
permit, or authorization. When properly marked, such carcasses may be disposed of to, or acquired
from, any person and possessed and transported in any number at any time or place.
[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981; 54 FR 36798, Sept. 5, 1989]

§ 21.14 Permit exceptions for captive-reared migratory waterfowl other than mallard
ducks.
top
Any person may, without a permit, lawfully acquire captive-reared and properly marked migratory
waterfowl of all species other than mallard ducks, alive or dead, or their eggs, and possess and transport
such birds or eggs and any progeny or eggs therefrom solely for his own use subject to the following
conditions and restrictions:
(a) Such birds, alive or dead, or their eggs may be lawfully acquired only from holders of valid waterfowl
sale and disposal permits, unless lawfully acquired outside of the United States, except that properly
marked carcasses of such birds may also be lawfully acquired as provided under paragraph (c) of this
section.
(b) All progeny of such birds or eggs hatched, reared, and retained in captivity must be physically
marked as defined in §21.13(b).
(c) No such birds or eggs or any progeny or eggs thereof may be disposed of by any means, alive or

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dead, to any other person unless a waterfowl sale and disposal permit has first been secured authorizing
such disposal: Provided, That bona fide clubs, hotels, restaurants, boarding houses, and dealers in meat
and game may serve or sell to their customers the carcass of any such birds which they have acquired
from the holder of a valid waterfowl sale and disposal permit.
(d) Lawfully possessed and properly marked birds may be killed, in any number, at any time or place, by
any means except shooting. Such birds may be killed by shooting only in accordance with all applicable
hunting regulations governing the taking of like species from the wild. (See part 20 of this subchapter.)
(e) At all times during possession, transportation, and storage until the raw carcasses of such birds are
finally processed immediately prior to cooking, smoking, or canning, the marked foot or wing must
remain attached to each carcass, unless such carcasses were marked as provided in §21.25(c)(4) and
the foot or wing removed prior to acquisition.
(f) When any such birds, alive or dead, or their eggs are acquired from a waterfowl sale and disposal
permittee, the permittee shall furnish a copy of Form 3–186, Notice of Waterfowl Sale or Transfer,
indicating all information required by the form and the method or methods by which individual birds are
marked as required by §21.25(c)(2). The buyer shall retain the Form 3–186 on file for the duration of his
possession of such birds or eggs or progeny or eggs thereof.
[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981]

§ 21.15 Authorization of take incidental to military readiness activities.
top
(a) Take authorization and monitoring. (1) Except to the extent authorization is withdrawn or suspended
pursuant to paragraph (b) of this section, the Armed Forces may take migratory birds incidental to
military readiness activities provided that, for those ongoing or proposed activities that the Armed Forces
determine may result in a significant adverse effect on a population of a migratory bird species, the
Armed Forces must confer and cooperate with the Service to develop and implement appropriate
conservation measures to minimize or mitigate such significant adverse effects.
(2) When conservation measures implemented under paragraph (a)(1) of this section require monitoring,
the Armed Forces must retain records of any monitoring data for five years from the date the Armed
Forces commence their action. During Integrated Natural Resource Management Plan reviews, the
Armed Forces will also report to the Service migratory bird conservation measures implemented and the
effectiveness of the conservation measures in avoiding, minimizing, or mitigating take of migratory birds.
(b) Suspension or Withdrawal of take authorization. (1) If the Secretary determines, after seeking the
views of the Secretary of Defense and consulting with the Secretary of State, that incidental take of
migratory birds during a specific military readiness activity likely would not be compatible with one or
more of the migratory bird treaties, the Secretary will suspend authorization of the take associated with
that activity.
(2) The Secretary may propose to withdraw, and may withdraw in accordance with the procedures
provided in paragraph (b)(4) of this section the authorization for any take incidental to a specific military
readiness activity if the Secretary determines that a proposed military readiness activity is likely to result
in a significant adverse effect on the population of a migratory bird species and one or more of the
following circumstances exists:
(i) The Armed Forces have not implemented conservation measures that:
(A) Are directly related to protecting the migratory bird species affected by the proposed military
readiness activity;
(B) Would significantly reduce take of the migratory bird species affected by the military readiness
activity;
(C) Are economically feasible; and

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(D) Do not limit the effectiveness of the military readiness activity;
(ii) The Armed Forces fail to conduct mutually agreed upon monitoring to determine the effects of a
military readiness activity on migratory bird species and/or the efficacy of the conservation measures
implemented by the Armed Forces; or
(iii) The Armed Forces have not provided reasonably available information that the Secretary has
determined is necessary to evaluate whether withdrawal of take authorization for the specific military
readiness activity is appropriate.
(3) When the Secretary proposes to withdraw authorization with respect to a specific military readiness
activity, the Secretary will first provide written notice to the Secretary of Defense. Any such notice will
include the basis for the Secretary's determination that withdrawal is warranted in accordance with the
criteria contained in paragraph (b)(2) of this section, and will identify any conservation measures or other
measures that would, if implemented by the Armed Forces, permit the Secretary to cancel the proposed
withdrawal of authorization.
(4) Within 15 days of receipt of the notice specified in paragraph (b)(3) of this section, the Secretary of
Defense may notify the Secretary in writing of the Armed Forces' objections, if any, to the proposed
withdrawal, specifying the reasons therefore. The Secretary will give due consideration to any objections
raised by the Armed Forces. If the Secretary continues to believe that withdrawal is appropriate, he or
she will provide written notice to the Secretary of Defense of the rationale for withdrawal and response to
any objections to the withdrawal. If objections to the withdrawal remain, the withdrawal will not become
effective until the Secretary of Defense has had the opportunity to meet with the Secretary within 30
days of the original notice from the Secretary proposing withdrawal. A final determination regarding
whether authorization will be withdrawn will occur within 45 days of the original notice.
(5) Any authorized take incidental to a military readiness activity subject to a proposed withdrawal of
authorization will continue to be authorized by this regulation until the Secretary makes a final
determination on the withdrawal.
(6) The Secretary may, at his or her discretion, cancel a suspension or withdrawal of authorization at any
time. A suspension may be cancelled in the event new information is provided that the proposed activity
would be compatible with the migratory bird treaties. A proposed withdrawal may be cancelled if the
Armed Forces modify the proposed activity to alleviate significant adverse effects on the population of a
migratory bird species or the circumstances in paragraphs (b)(2)(i) through (iii) of this section no longer
exist. Cancellation of suspension or withdrawal of authorization becomes effective upon delivery of
written notice from the Secretary to the Department of Defense.
(7) The responsibilities of the Secretary under paragraph (b) of this section may be fulfilled by his/her
delegatee who must be an official nominated by the President and confirmed by the Senate.
[72 FR 8949, Feb. 28, 2007]

Subpart C—Specific Permit Provisions
top

§ 21.21 Import and export permits.
top
(a) Permit requirement. (1) Except for migratory game birds imported in accordance with the provisions
of subpart G of part 20 of this subchapter B, an import permit is required before any migratory birds, their
parts, nests, or eggs may be imported.
(2) An export permit is required before any migratory birds, their parts, nests, or eggs may be exported:
Provided, that captive-reared migratory game birds that are marked in compliance with the provisions of
§21.13(b) may be exported to Canada or Mexico without a permit. Provided further, that raptors lawfully

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possessed under a falconry permit issued pursuant to §21.28 of this part may be exported to or imported
from Canada or Mexico without a permit for the purposes of attending bona fide falconry meets, as long
as the person importing or exporting the birds returns the same bird(s) to the country of export following
any such meet. Nothing in this paragraph, however, exempts any person from the permit requirements
of parts 17, 22, and 23 of this subchapter.
(b) Application procedures. Applications for permits to import or export migratory birds shall be submitted
to the appropriate issuing office (see §§10.22 and 13.11(b) of this subchapter). Each such application
must contain the general information and certification required by §13.12(a)(5) of this subchapter plus
the following additional information:
(1) Whether importation or exportation is requested;
(2) The species and numbers of migratory birds or their parts, nests, or eggs to be imported or exported;
(3) The name and address of the person from whom such birds are being imported or to whom they are
being exported;
(4) The purpose of the importation or exportation;
(5) The estimated date of arrival or departure of the shipment(s), and the port of entry or exit through
which the shipment will be imported or exported; and
(6) Federal and State permit numbers and type of permits authorizing possession, acquisition, or
disposition of such birds, their parts, nests, or eggs where such a permit is required.
(c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this
subchapter B, import and export permits shall be subject to any requirements set forth in the permit.
(d) Term of permit. An import or export permit issued or renewed under this part expires on the date
designated on the face of the permit unless amended or revoked, but the term of the permit shall not
exceed three (3) years from the date of issuance or renewal.
[54 FR 38151, Sept. 14, 1989]

§ 21.22 Banding or marking permits.
top
(a) Permit requirement. A banding or marking permit is required before any person may capture
migratory birds for banding or marking purposes or use official bands issued by the Service for banding
or marking any migratory bird.
(b) Application procedures. Applications for banding or marking permits shall be submitted by letter of
application addressed to the Bird Banding Laboratory, Office of Migratory Bird Management, U.S. Fish
and Wildlife Service, Laurel, Maryland 20708. Each such application shall contain the general
information and certification set forth by §13.12(a) of this subchapter plus the following additional
information:
(1) Species and numbers proposed to be banded or marked;
(2) Purpose of banding or marking;
(3) State or States in which authorization is requested; and
(4) Name and address of the public, scientific, or educational institution to which any specimens will be
donated that are salvaged pursuant to paragraphs (c) (3) and (4) of this section.

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(c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this
subchapter B, banding or marking permits shall be subject to the following conditions:
(1) The banding of migratory birds shall only be by official numbered leg bands issued by the Service.
The use of any other band, clip, dye, or other method of marking is prohibited unless specifically
authorized in the permit.
(2) All traps or nets used to capture migratory birds for banding or marking purposes shall have attached
thereto a tag or label clearly showing the name and address of the permittee and his permit number, or
the area in which such traps or nets are located must be posted with notice of banding operations
posters (Form 3–1155, available upon request from the Bird Banding Laboratory, Office of Migratory Bird
Management, U.S. Fish and Wildlife Service, Laurel, Md. 20708) which shall bear the name and address
of the permittee and the number of his permit.
(3) The holder of a banding or marking permit may salvage, for the purpose of donating to a public
scientific or educational institution, birds killed or found dead as a result of the permittee's normal
banding operations, and casualties from other causes. All dead birds salvaged under authority of a
migratory bird banding or marking permit must be donated and transferred to a public scientific or
educational institution at least every 6 months or within 60 days of the time such permit expires or is
revoked, unless the permittee has been issued a special permit authorizing possession for a longer
period of time.
(4) Permittees must keep accurate records of their operations and file reports as set forth in the North
American Bird Banding Manual, or supplements thereto, in accordance with instructions contained
therein.
(d) Term of permit. A banding or marking permit issued or renewed under this part expires on the date
designated on the face of the permit unless amended or revoked, but the term of the permit shall not
exceed three (3) years from the date of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989]

§ 21.23 Scientific collecting permits.
top
(a) Permit requirement. A scientific collecting permit is required before any person may take, transport,
or possess migratory birds, their parts, nests, or eggs for scientific research or educational purposes.
(b) Application procedures. Submit applications for scientific permits to the appropriate Regional Director
(Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR
2.2. Each application must contain the general information and certification required in §13.12(a) of this
subchapter, and the following additional information:
(1) Species and numbers of migratory birds or their parts, nests, or eggs to be taken or acquired when it
is possible to determine same in advance;
(2) Location or locations where such scientific collecting is proposed;
(3) Statement of the purpose and justification for granting such a permit, including an outline of any
research project involved;
(4) Name and address of the public, scientific, or educational institution to which all specimens ultimately
will be donated; and
(5) If a State permit is required by State law, a statement as to whether or not the applicant possesses
such State permit, giving its number and expiration date.
(c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this

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subchapter B, scientific collecting permits shall be subject to the following conditions:
(1) All specimens taken and possessed under authority of a scientific collecting permit must be donated
and transferred to the public scientific, or educational institution designated in the permit application
within 60 days following the date such permit expires or is revoked, unless the permittee has been
issued a special purpose permit (See §21.27) authorizing possession for a longer period of time.
(2) Unless otherwise provided on the permit, all migratory game birds taken pursuant to a scientific
collecting permit during the open hunting season for such birds must be in conformance with part 20 of
this subchapter;
(3) Unless specifically stated on the permit, a scientific collecting permit does not authorize the taking of
live migratory birds from the wild.
(4) In addition to any reporting requirement set forth in the permit, a report of the scientific collecting
activities conducted under authority of such permit shall be submitted to the issuing officer on or before
January 10 of each calendar year following the year of issue unless a different date is stated in the
permit.
(d) Term of permit. A scientific collecting permit issued or renewed under this part expires on the date
designated on the face of the permit unless amended or revoked, but the term of the permit shall not
exceed three (3) years from the date of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998]

§ 21.24 Taxidermist permits.
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(a) Permit requirement. A taxidermist permit is required before any person may perform taxidermy
services on migratory birds or their parts, nests, or eggs for any person other than himself.
(b) Application procedures. Submit application for taxidermist permits to the appropriate Regional
Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50
CFR 2.2. Each application must contain the general information and certification required in §13.12(a) of
this subchapter, and the following additional information:
(1) The address of premises where taxidermist services will be provided;
(2) A statement of the applicant's qualifications and experience as a taxidermist; and
(3) If a State permit is required by State law, a statement as to whether or not the applicant possesses
such State permit, giving its number and expiration date.
(c) Permit authorizations. A permit authorizes a taxidermist to:
(1) Receive, transport, hold in custody or possession, mount or otherwise prepare, migratory birds, and
their parts, nests, or eggs, and return them to another.
(2) Sell properly marked, captive reared migratory waterfowl which he has lawfully acquired and
mounted. Such mounted birds may be placed on consignment for sale and may be possessed by such
consignee for the purpose of sale.
(d) Additional permit conditions. In addition to the general conditions set forth in part 13 of this
subchapter B, taxidermist permits shall be subject to the following conditions:
(1) Permittees must keep accurate records of operations, on a calendar year basis, showing the names
and addresses of persons from and to whom migratory birds or their parts, nests, or eggs were received

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or delivered, the number and species of such, and the dates of receipt and delivery. In addition to the
other records required by this paragraph, the permittee must maintain in his files, the original of the
completed Form 3–186, Notice of Waterfowl Sale or Transfer, confirming his acquisition of captive
reared, properly marked migratory waterfowl from the holder of a current waterfowl sale and disposal
permit.
(2) Notwithstanding the provisions of paragraph (c) of this section, the receipt, possession, and storage
by a taxidermist of any migratory game birds taken by another by hunting is not authorized unless they
are tagged as required by §20.36 of this subchapter. The required tags may be removed during the
taxidermy operations but must be retained by the taxidermist with the other records required to be kept
and must be reattached to the mounted specimen after mounting. The tag must then remain attached
until the mounted specimen is delivered to the owner.
(e) Term of permit. A taxidermist permit issued or renewed under this part expires on the date
designated on the face of the permit unless amended or revoked, but the term of the permit will not
exceed five (5) years from the date of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998; 70
FR 18320, Apr. 11, 2005]

§ 21.25 Waterfowl sale and disposal permits.
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(a) Permit requirement. A waterfowl sale and disposal permit is required before any person may lawfully
sell, trade, donate, or otherwise dispose of, to another person, any species of captive-reared and
properly marked migratory waterfowl or their eggs, except that such a permit is not required for such
sales or disposals of captive-reared and properly marked mallard ducks or their eggs.
(b) Application procedures. Submit application for waterfowl sale and disposal permits to the appropriate
Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional
Directors in 50 CFR 2.2. Each application must contain the general information and certification required
in §13.12(a) of this subchapter, and the following additional information:
(1) A description of the area where waterfowl are to be kept;
(2) Species and numbers of waterfowl now in possession and a statement showing from whom these
were obtained;
(3) A statement indicating the method by which individual birds are marked as required by the provisions
of this part 21; and
(4) If a State permit is required by State law, a statement as to whether or not the applicant possesses
such State permit, giving its number and expiration date.
(c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this
subchapter B, waterfowl sale and disposal permits shall be subject to the following conditions:
(1) Permittees may not take migratory waterfowl or their eggs from the wild, and may not acquire such
birds or their eggs from any person not authorized by a valid permit issued pursuant to this part to
dispose of such birds or their eggs.
(2) All live migratory waterfowl possessed in captivity under authority of a valid waterfowl sale and
disposal permit shall have been, prior to 6 weeks of age, physically marked as defined in §21.13(b). All
offspring of such birds hatched, reared, and retained in captivity shall be so marked prior to attaining 6
weeks of age. The preceding does not apply to captive adult geese, swans, and brant which were
marked previous to March 1, 1967, by a “V” notch in the web of one foot, nor to such birds held in
captivity at public zoological parks, and public scientific or educational institutions.

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(3) Such properly marked birds may be killed, in any number, at any time or place, by any means except
shooting. Such birds may be killed by shooting only in accordance with all the applicable hunting
regulations governing the taking of like species from the wild.
(4) At all times during possession, transportation, and storage until the raw carcasses of such birds are
finally processed immediately prior to cooking, smoking, or canning, the marked foot or wing must
remain attached to each carcass: Provided, That permittees who are also authorized to sell game under
a State license, permit or authorization may remove the marked foot or wing from the raw carcasses if
the number of his State license, permit, or authorization has first been legibly stamped in ink on the back
of each carcass and on the wrapping or container in which each carcass is maintained, or each carcass
is identified by a State band on leg or wing pursuant to requirements of his State license, permit, or
authorization.
(5) Such properly marked birds, alive or dead, or their eggs may be disposed of in any number, at any
time or place, to any person: Provided, That all such birds shall be physically marked prior to sale or
disposal regardless of whether or not they have attained 6 weeks of age: And provided further, That on
each date that any such birds or their eggs, are transferred to another person, the permittee must
complete a Form 3–186, Notice of Waterfowl Sale or Transfer, indicating all information required by the
form and the method or methods by which individual birds are marked as required by §21.25(c)(2).
(Service will provide supplies of form.) The permittee will furnish the original of completed Form 3–186 to
the person acquiring the birds or eggs; retain one copy in his files as a record of his operations: attach
one copy to the shipping container for the birds or eggs, or include the copy in shipping documents
which accompany the shipment; and, on or before the last day of each month, mail two copies of each
form completed during that month to the office of the Fish and Wildlife Service which issued his permit.
(6) Permittees shall submit an annual report within 10 days following the 31st day of December of each
calendar year to the office of the Fish and Wildlife Service which issued the permit. The information
provided shall give the total number of waterfowl by species in possession on that date and the method
or methods by which individual birds are marked as required by the provisions of this part 21.
(d) Term of permit. A waterfowl sale and disposal permit issued or renewed under this part expires on
the date designated on the face of the permit unless amended or revoked, but the term of the permit will
not exceed five (5) years from the date of issuance or renewal.
[40 FR 28460, July 7, 1975, as amended at 54 FR 38151, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998;
70 FR 18320, Apr. 11, 2005]

§ 21.26 Special Canada goose permit.
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(a) What is the special Canada goose permit and what is its purpose? The special Canada goose permit
is a permit issued by us to a State wildlife agency authorizing certain resident Canada goose
management and control activities that are normally prohibited. We will only issue such a permit when it
will contribute to human health and safety, protect personal property, or allow resolution or prevention of
injury to people or property. The management and control activities conducted under the permit are
intended to relieve or prevent injurious situations only. No person should construe the permit as opening,
reopening, or extending any hunting season contrary to any regulations established under Section 3 of
the Migratory Bird Treaty Act.
(b) Who may receive a permit? Only State wildlife agencies (State) are eligible to receive a permit to
undertake the various goose management and control activities. Additionally, only employees or
designated agents of a permitted State wildlife agency may undertake activities for injurious resident
Canada geese in accordance with the conditions specified in the permit, conditions contained in 50 CFR
part 13, and conditions specified in paragraph (d) of this section.
(c) How does a State apply for a permit? Any State wildlife agency wishing to obtain a permit must
submit an application to the appropriate Regional Director (see §13.11(b) of this subchapter) containing
the general information and certification required by §13.12(a) of this subchapter plus the following
information:

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(1) A detailed statement showing that the goose management and control activities will either provide for
human health and safety, protect personal property, or allow resolution of other injury to people or
property;
(2) An estimate of the size of the resident Canada goose breeding population in the State;
(3) The requested annual take of resident Canada geese, including eggs and nests;
(4) A statement indicating that the State will inform and brief all employees and designated agents of the
requirements of these regulations and permit conditions.
(d) What are the conditions of the permit? The special Canada goose permits are subject to the general
conditions in 50 CFR part 13, the conditions elsewhere in this section, and, unless otherwise specifically
authorized on the permit, the conditions outlined below:
(1) What are the limitations on management and control activities? (i) Take of resident Canada geese as
a management tool under this section may not exceed the number authorized by the permit. States
should utilize non-lethal goose management tools to the extent they deem appropriate in an effort to
minimize lethal take.
(ii) Methods of take for the control of injurious resident Canada geese are at the State's discretion.
Methods include, but are not limited to, firearms, alpha-chloralose, traps, egg and nest manipulation and
other damage control techniques consistent with accepted wildlife damage-management programs.
(2) When may a State conduct management and control activities? States and their employees and
agents may conduct management and control activities, including the take of resident Canada geese,
under this section between March 11 and August 31. In California, Oregon and Washington, in areas
where the threatened Aleutian Canada goose ( B. c. leucoperia ) has been present during the previous
10 years, lethal control activities are restricted to May 1 through August 31, inclusive.
(3) How must the States dispose or utilize geese taken under this permit? States and their employees
and agents may possess, transport, and otherwise dispose of Canada geese taken under this section.
States must utilize such birds by donation to public museums or public institutions for scientific or
educational purposes, by processing them for human consumption and distributing them free of charge
to charitable organizations, or by burying or incinerating them. States, their employees, and designated
agents may not sell, offer for sale, barter, or ship for the purpose of sale or barter any Canada geese
taken under this section, nor their plumage or eggs.
(4) How does the permit relate to existing State law? No person conducting management and control
activities under this section should construe the permit to authorize the killing of injurious resident
Canada geese contrary to any State law or regulation, nor on any Federal land without specific
authorization by the responsible management agency. No person may exercise the privileges granted
under this section unless they possess any permits required for such activities by any State or Federal
land manager.
(5) When conducting management and control activities, are there any special inspection requirements?
Any State employee or designated agent authorized to carry out management and control activities must
have a copy of the permit and designation in their possession when carrying out any activities. The State
must also require the property owner or occupant on whose premises the State is conducting activities
to allow, at all reasonable times, including during actual operations, free and unrestricted access to any
Service special agent or refuge officer, State wildlife or deputy wildlife agent, warden, protector, or other
wildlife law enforcement officer (wildlife officer) on the premises where they are, or were, conducting
activities. Furthermore, any State employee or designated agent conducting such activities must
promptly furnish whatever information is required concerning such activities to any such wildlife officer.
(6) What are the reporting requirements of the permit? Any State employee or designated agent
exercising the privileges granted by this section must keep records of all activities carried out under the
authority of this permit, including the number of Canada geese killed and their disposition. The State
must submit an annual report detailing activities, including the time, numbers and location of birds, eggs,
and nests taken and non-lethal techniques utilized, before December 31 of each year. The State should
submit the annual report to the appropriate Assistant Regional Director—Refuges and Wildlife (see
§10.22 of this subchapter).

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(7) What are the limitations of the special permit? The following limitations apply:
(i) Nothing in this section applies to any Federal land within a State's boundaries without written
permission of the Federal Agency with jurisdiction.
(ii) States may not undertake any actions under any permit issued under this section if the activities
adversely affect other migratory birds or species designated as endangered or threatened under the
authority of the Endangered Species Act.
(iii) We will only issue permits to State wildlife agencies in the conterminous United States.
(iv) States may designate agents who must operate under the conditions of the permit.
(v) How long is the special permit valid? A special Canada goose permit issued or renewed under this
section expires on the date designated on the face of the permit unless it is amended or revoked or such
time that we determine that the State's population of resident Canada geese no longer poses a threat to
human health or safety, personal property, or injury to other interests. In all cases, the term of the permit
may not exceed five (5) years from the date of issuance or renewal.
(vi) Can we revoke the special permit? We reserve the right to suspend or revoke any permit, as
specified in §§13.27 and 13.28 of this subchapter.
(e) What are the OMB information collection requirements of the permit program? OMB has approved
the information collection requirements of the permit and assigned clearance number 1018–0099.
Federal agencies may not conduct or sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number. We will use the information
collection requirements to administer this program and in the issuance and monitoring of these special
permits. We will require the information from State wildlife agencies responsible for migratory bird
management in order to obtain a special Canada goose permit, and to determine if the applicant meets
all the permit issuance criteria, and to protect migratory birds. We estimate the public reporting burden
for this collection of information to average 8 hours per response for 45 respondents (States), including
the time for reviewing instructions, gathering and maintaining data needed, and completing and
reviewing the collection of information. Thus, we estimate the total annual reporting and record-keeping
for this collection to be 360 hours. States may send comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions for reducing the burden, to the
Service Information Collection Clearance Officer, Fish and Wildlife Service, ms 224–ARLSQ, 1849 C
Street N.W., Washington, DC 20240, or the Office of Management and Budget, Paperwork Reduction
Project 1018–0099, Washington, DC 20503.
[64 FR 32774, June 17, 1999]

§ 21.27 Special purpose permits.
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Permits may be issued for special purpose activities related to migratory birds, their parts, nests, or
eggs, which are otherwise outside the scope of the standard form permits of this part. A special purpose
permit for migratory bird related activities not otherwise provided for in this part may be issued to an
applicant who submits a written application containing the general information and certification required
by part 13 and makes a sufficient showing of benefit to the migratory bird resource, important research
reasons, reasons of human concern for individual birds, or other compelling justification.
(a) Permit requirement. A special purpose permit is required before any person may lawfully take,
salvage, otherwise acquire, transport, or possess migratory birds, their parts, nests, or eggs for any
purpose not covered by the standard form permits of this part. In addition, a special purpose permit is
required before any person may sell, purchase, or barter captive-bred, migratory game birds, other than
waterfowl, that are marked in compliance with §21.13(b) of this part.
(b) Application procedures. Submit application for special purpose permits to the appropriate Regional
Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50

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CFR 2.2. Each application must contain the general information and certification required in §13.12(a) of
this subchapter, and the following additional information:
(1) A detailed statement describing the project or activity which requires issuance of a permit, purpose of
such project or activity, and a delineation of the area in which it will be conducted. (Copies of supporting
documents, research proposals, and any necessary State permits should accompany the application);
(2) Numbers and species of migratory birds involved where same can reasonably be determined in
advance; and
(3) Statement of disposition which will be made of migratory birds involved in the permit activity.
(c) Additional permit conditions. Inaddition to the general conditions set forth in part 13 of this subchapter
B, special purpose permits shall be subject to the following conditions:
(1) Permittees shall maintain adequate records describing the conduct of the permitted activity, the
numbers and species of migratory birds acquired and disposed of under the permit, and inventorying
and identifying all migratory birds held on December 31 of each calendar year. Records shall be
maintained at the address listed on the permit; shall be in, or reproducible in English; and shall be
available for inspection by Service personnel during regular business hours. A permittee may be
required by the conditions of the permit to file with the issuing office an annual report of operation.
Annual reports, if required, shall be filed no later than January 31 of the calendar year followng the year
for which the report is required. Reports, if required, shall describe permitted activities, numbers and
species of migratory birds acquired and disposed of, and shall inventory and describe all migratory birds
possessed under the special purpose permit on December 31 of the reporting year.
(2) Permittees shall make such other reports as may be requested by the issuing officer.
(3) All live, captive-bred, migratory game birds possessed under authority of a valid special purpose
permit shall be physically marked as defined in §21.13(b) of this part.
(4) No captive-bred migratory game bird may be sold or bartered unless marked in accordance with
§21.13(b) of this part.
(5) No permittee may take, purchase, receive or otherwise acquire, sell, barter, transfer, or otherwise
dispose of any captive-bred migratory game bird unless such permittee submits a Service form 3–186A
(Migratory Bird Acquisition/Disposition Report), completed in accordance with the instructions on the
form, to the issuing office within five (5) days of such transaction.
(6) No permittee, who is authorized to sell or barter migratory game birds pursuant to a permit issued
under this section, may sell or barter such birds to any person unless that person is authorized to
purchase and possess such migratory game birds under a permit issued pursuant to this part and part
13, or as permitted by regulations in this part.
(d) Term of permit. A special purpose permit issued or renewed under this part expires on the date
designated on the face of the permit unless amended or revoked, but the term of the permit shall not
exceed three (3) years from the date of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38152, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998]

§ 21.28 Falconry permits.
top
(a) Permit requirements. A falconry permit is required before any person may take, possess, transport,
sell, purchase, barter, offer to sell, purchase, or barter raptors for falconry purposes.
(b) Application procedures. (1) An applicant who wishes to practice falconry in a State listed in §21.29(k)
of this part and which has been designated as a participant in a cooperative Federal/State permit

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application program may submit an application for a falconry permit to the appropriate agency of that
State. Each such application must incorporate a completed official form approved by the Service and
must include in addition to the general information required by part 13 of this subchapter all of the
following:
(i) The number of raptors the applicant possesses at the time the application is submitted, including the
species, age (if known), sex (if known), date of acquisition, and source of each;
(ii) A check or money order made payable to “U.S. Fish and Wildlife Service” in the amount of the
application fee listed in §13.11(d) of this subchapter.
(iii) An original, signed certification concerning the validity of the information provided in the application
in the form set forth in §13.12(a)(5).
(iv) Any additional information requested by the State to which the application is submitted.
(2) Upon receipt of a joint application by a State listed in §21.29(k) as a participant in a cooperative
Federal/State permit application program, the State will process the application for a State falconry
permit in accordance with its own procedures. A copy of the application, the check or money order for
Federal permit fees, and the original, signed certification required by paragraph (b)(1)(iii) of this section
will be forwarded to the issuing office of the Service designated by §13.11(b) of this subchapter. If the
State decides to issue a falconry permit based upon the application, a copy of the permit will also be
forwarded to the appropriate issuing office of the Service.
(3) An applicant who wishes to practice falconry in a State listed in §21.29(k) of this subchapter, but
which does not participate in a cooperative Federal/State permit application program must submit a
written application for a falconry permit to the issuing office designated by §13.11(b) of this subchapter.
Each application must contain the general information and certification required by §13.12(a) of this
subchapter plus a copy of a valid State falconry permit issued to the applicant by a State listed in §21.19
(k) of this subchapter.
(c) Issuance criteria. Upon receiving an application completed in accordance with paragraph (b) of this
section that meets all requirements of this part, the Director will issue a permit. In addition to meeting the
general criteria in §13.21(b), the applicant must have a valid State falconry permit issued by a State
listed in §21.29(k) of this subchapter.
(d) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every
permit issued under this section shall be subject to the following special conditions:
(1) A permittee may not take, transport, or possess a golden eagle ( Aquila chrysaetos ) unless
authorized in writing under §22.24 of this subchapter.
(2) A permit issued under this section is not valid unless the permittee has a valid State falconry permit
issued by a State listed in §21.29(k) of this subchapter.
(3) A permittee may not take, possess, transport, sell, purchase, barter, or transfer any raptor for
falconry purposes except under authority of a Federal falconry permit issued under this section and in
compliance with the Federal falconry standards set forth in §21.29 of this subchapter.
(4) No permittee may take, purchase, receive, or otherwise acquire, sell, barter, transfer, or otherwise
dispose of any raptor unless such permittee submits a form 3–186A (Migratory Bird
Acquisition/Disposition Report), completed in accordance with the instructions on the form, to the issuing
office within five (5) calendar days of any such transaction.
(5) No raptor may be possessed under authority of a falconry permit unless the permittee has a properly
completed form 3–186A (Migratory Bird Acquisition/Disposition Report) for each bird possessed, except
as provided in paragraph (d)(4) of this section.
(6) A raptor possessed under authority of a falconry permit may be temporarily held by a person other
than the permittee for maintenance and care for a period not to exceed thirty (30) days. The raptor must
be accompanied at all times by a properly completed form 3–186A (Migratory Bird

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Acquisition/Disposition Report) designating the person caring for the raptor as the possessor of record
and by a signed, dated statement from the permittee authorizing the temporary possession.
(7) A permittee may not take, possess, or transport any peregrine falcon ( Falco peregrinus ), gyrfalcon
( Falco rusticolus ), or Harris hawk ( Parabuteo unicinctus ) unless such bird is banded either by a
seamless numbered band provided by the Service or by a permanent, non-reusable band provided by
the Service.
(i) Any peregrine falcon ( Falco peregrinus ), gyrfalcon ( Falco rusticolus ), or Harris hawk ( Parabuteo
unicinctus ) taken from the wild must be reported to the issuing office within five (5) days of taking and
must be banded with a permanent, non-reusable band provided by the Service. No raptor removed from
the wild may be banded with a seamless numbered band.
(ii) The loss or removal of any band must be reported to the issuing office within five (5) working days of
the loss. The lost band must be replaced by a permanent, non-reusable band supplied by the Service. A
form 3–186A (Migratory Bird Acquisition/Disposition Report) must be filed in accordance with paragraph
(d)(4) of this section reporting the loss of the band and rebanding.
(8) A permittee may not sell, purchase, barter, or offer to sell, purchase or barter any raptor unless the
raptor is marked on the metatarsus by a seamless, numbered band supplied by the Service.
(9) A permittee may not propagate raptors without prior acquisition of a valid raptor propagation permit
issued under section 21.30 of this subchapter.
(e) Term of permit. A falconry permit issued or renewed under this part expires on the date designated
on the face of the permit unless amended or revoked, but the term of the permit shall not exceed three
(3) years from the date of issuance or renewal.
[54 FR 38152, Sept. 14, 1989]

§ 21.29 Federal falconry standards.
top
(a) Before you can practice falconry in any State. You cannot take, possess, transport, sell, purchase,
barter, or offer to sell, purchase, or barter any raptor for falconry purposes, in any State unless the State
allows the practice of falconry, and the State has submitted copies of its laws and regulations governing
the practice of falconry to us (Director), and we have determined that they meet or exceed the Federal
falconry standards established in this section. If you are a Federal falconry permittee, you can possess
and transport for falconry purposes a lawfully possessed raptor through States that do not allow falconry
or meet Federal falconry standards so long as the raptors remain in transit in interstate commerce. The
States that are in compliance with Federal falconry standards are listed in paragraph (k) of this section.
(b) More restrictive State laws. Nothing in this section shall be construed to prevent a State from making
and enforcing laws or regulations not inconsistent with the standards contained in any convention
between the United States and any foreign country for the protection of raptors or with the Migratory Bird
Treaty Act, and which shall give further protection to raptors.
(c) What is the process for Federal approval of a State program? Any State that wishes to allow the
practice of falconry must submit to the Director of the Service a copy of the laws and regulations that
govern the practice of falconry in the State. If we determine that they meet or exceed the Federal
standards, which are established by this section, we will publish a notice in theFederal Registeradding
the State to the list of approved States in paragraph (k) of this section. Any State that was listed in
paragraph (k) prior to September 14, 1989, is considered to be in compliance with our standards.
(d) Permit. State laws or regulations shall provide that a valid State falconry permit from either that State
or another State meeting Federal falconry standards and listed in paragraph (k) of this section is
required before any person may take, possess, or transport a raptor for falconry purposes or practice
falconry in that State.

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(e) Classes of permits. States may have any number of classes of falconry permits provided the
standards are not less restrictive than the following:
(1) Apprentice ( or equivalent ) class. (i) Permittee shall be at least 14 years old;
(ii) A sponsor who is a holder of a General or Master Falconry Permit or equivalent class is required for
the first two years in which an apprentice permit is held, regardless of the age of the permittee. A
sponsor may not have more than three apprentices at any one time;
(iii) Permittee shall not possess more than one raptor and may not obtain more than one raptor for
replacement during any 12-month period; and
(iv) Permittee shall possess only the following raptors which must be taken from the wild: an American
kestrel ( Falco sparverius ), a red-tailed hawk ( Buteo jamaicensis ), a red-shouldered hawk ( Buteo
lineatus ), or, in Alaska only, a goshawk ( Accipiter gentilis ).
(2) General (or equivalent) class. (i) A permittee shall be at least 18 years old;
(ii) A permittee shall have at least two years experience in the practice of falconry at the apprentice level
or its equivalent;
(iii) A permittee may not possess more than two raptors and may not obtain more than two raptors for
replacement birds during any 12-month period; and
(iv) A permittee may not take, transport, or possess any golden eagle or any species listed as
threatened or endangered in part 17 of this subchapter.
(3) Master ( or equivalent ) class. (i) An applicant shall have at least five years experience in the practice
of falconry at the general class level or its equivalent.
(ii) A permittee may not possess more than three raptors and may not obtain more than two raptors
taken from the wild for replacement birds during any 12-month period;
(iii) A permittee may not take any species listed as endangered in part 17 of this chapter, but may
transport or possess such species in accordance with part 17 of this chapter.
(iv) A permittee may not take, transport, or possess any golden eagle for falconry purposes unless
authorized in writing under §22.24 of this subchapter;
(v) A permittee may not take, in any twelve (12) month period, as part of the three-bird limitation, more
than one raptor listed as threatened in part 17 of this chapter, and then only in accordance with part 17
of this chapter.
(f) Examination. State laws or regulations shall provide that before any State falconry permit is issued
the applicant shall be required to answer correctly at least 80 percent of the questions on a supervised
examination provided or approved by the Service and administered by the State, relating to basic
biology, care, and handling of raptors, literature, laws, regulations or other appropriate subject matter.
(g) Facilities and equipment. Statelaws or regulations shall provide that before a State falconry permit is
issued the applicant's raptor housing facilities and falconry equipment shall be inspected and certified by
a representative of the State wildlife department as meeting the following standards:
(1) Facilities. The primary consideration for raptor housing facilities whether indoors (mews) or outdoors
(weathering area) is protection from the environment, predators, or undue disturbance. The applicant
shall have the following facilities, except that depending upon climatic conditions, the issuing authority
may require only one of the facilities described below.
(i) Indoor facilities (mews) shall be large enough to allow easy access for caring for the raptors housed in
the facility. If more than one raptor is to be kept in the mews, the raptors shall be tethered or separated

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by partitions and the area for each bird shall be large enough to allow the bird to fully extend its wings.
There shall be at least one window, protected on the inside by vertical bars, spaced narrower than the
width of the bird's body, and a secure door that can be easily closed. The floor of the mews shall permit
easy cleaning and shall be well drained. Adequate perches shall be provided.
(ii) Outdoor facilities (weathering area) shall be fenced and covered with netting or wire, or roofed to
protect the birds from disturbance and attack by predators except that perches more than 61/2feet high
need not be covered or roofed. The enclosed area shall be large enough to insure the birds cannot
strike the fence when flying from the perch. Protection from excessive sun, wind, and inclement weather
shall be provided for each bird. Adequate perches shall be provided.
(2) Equipment. The following items shall be in the possession of the applicant before he can obtain a
permit or license:
(i) Jesses—At least 1 pair of Alymeri jesses or similar type constructed of pliable, high-quality leather or
suitable synthetic material to be used when any raptor is flown free. (Traditional 1-piece jesses may be
used on raptors when not being flown.);
(ii) Leashes and swivels—At least 1 flexible, weather-resistant leash and 1 strong swivel of acceptable
falconry design;
(iii) Bath container—At least 1 suitable container, 2 to 6 inches deep and wider than the length of the
raptor, for drinking and bathing for each raptor;
(iv) Outdoor perches—At least 1 weathering area perch of an acceptable design shall be provided for
each raptor; and
(v) Weighing device—A reliable scale or balance suitable for weighing the raptor(s) held and graduated
to increments of not more than1/2ounce (15 gram) shall be provided.
(3) Maintenance. All facilities and equipment shall be kept at or above the preceding standards at all
times.
(4) Transportation; temporary holding. A raptor may be transported or held in temporary facilities which
shall be provided with an adequate perch and protected from extreme temperatures and excessive
disturbance, for a period not to exceed 30 days.
(h) Marking. All peregrine falcons ( Falco peregrinus ), gyrfalcon ( Falco rusticolus ), and Harris hawk
( Parabuteo unicinctus ) possessed for falconry purposes must be marked in accordance with the
following provisions:
(1) Any peregrine falcon ( Falco peregrinus ), gyrfalcon ( Falco rusticolus ), or Harris hawk ( Parabuteo
unicinctus ), except a captive bred raptor lawfully marked by a numbered, seamless band issued by the
Service, must be banded with a permanent, non-reusable, numbered band issued by the Service.
(2) Any peregrine falcon ( Falco peregrinus ), gyrfalcon ( Falco rusticolus ), or Harris hawk ( Parabuteo
unicinctus ) possessed for falconry purposes must be banded at all times in accordance with these
standards. Loss or removal of any band must be reported to the issuing office within five (5) working
days of the loss and must be replaced with a permanent, non-reusable, numbered band supplied by the
Service.
(i) Taking restrictions. State laws or regulations shall provide the following restrictions on the taking of
raptors from the wild:
(1) Young birds not yet capable of flight (eyasses) may only be taken by a General or Master Falconer
during the period specified by the State and no more than two eyasses may be taken by the same
permittee during the specified period.
(2) First-year (passage) birds may be taken only during the period specified by the State;

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(3) In no case shall the total of all periods of taking of eyasses or passage birds exceed 180 days during
a calendar year, except that a marked raptor may be retrapped at any time; and
(4) Only American kestrels ( Falcosparverius ) and great-horned owls ( Bubo virginianus ) may be taken
when over one year old, except that any raptor other than endangered or threatened species taken
under a depredation (or special purpose) permit may be used for falconry by General and Master
falconers.
(j) Other restrictions. State laws or regulations shall provide the following restrictions or conditions:
(1) A person who possesses a lawfully acquired raptor before the enactment of these regulations and
who fails to meet the permit requirements shall be allowed to retain the raptors. All such birds shall be
identified with markers supplied by the Service and cannot be replaced if death, loss, release, or escape
occurs.
(2) If you possessed raptors before January 15, 1976, the date these regulations were enacted, and you
had more than the number allowed under your permit, you may retain the extra raptors. However, each
of those birds must be identified with markers we supplied, and you cannot replace any birds, nor can
you obtain any additional raptors, until the number in your possession is at least one fewer than the total
number authorized by the class of permit you hold.
(3) A falconry permit holder shall obtain written authorization from the appropriate State wildlife
department before any species not indigenous to that State is intentionally released to the wild, at which
time the marker from the released bird shall be removed and surrendered to the State wildlife
department. The marker from an intentionally released bird which is indigenous to that State shall also
be removed and surrendered to the State wildlife department. A standard Federal bird band shall be
attached to such birds by the State or Service-authorized Federal bird bander whenever possible.
(4) A raptor possessed under authority of a falconry permit may be temporarily held by a person other
than the permittee only if that person is otherwise authorized to possess raptors, and only if the raptor is
accompanied at all times by the properly completed form 3–186A (Migratory Bird Acquisition/Disposition
Report) designating the permittee as the possessor of record and by a signed, dated statement from the
permittee authorizing the temporary possession.
(5) Feathers that are molted or those feathers from birds held in captivity that die, may be retained and
exchanged by permittees only for imping purposes.
(k) States meeting Federal falconry standards. We have determined that the following States meet or
exceed the minimum Federal falconry standards established in this section for regulating the taking,
possession, and transportation of raptors for the purpose of falconry. The States that are participants in
a cooperative Federal/State permit system are designated by an asterisk (*).

*Alabama, *Alaska, Arizona, *Arkansas, *California, *Colorado, Connecticut, *Delaware,
*Florida, *Georgia, *Idaho, *Illinois, *Indiana, *Iowa, *Kansas, *Kentucky, *Louisiana, Maine,
Maryland, Massachusetts, *Michigan, *Minnesota, *Mississippi, Missouri, *Montana,
*Nebraska, *Nevada, *New Hampshire, *New Jersey, New Mexico, New York, *North
Carolina, *North Dakota, *Ohio, Oklahoma, *Oregon, Pennsylvania, Rhode Island, *South
Carolina, *South Dakota, *Tennessee, Texas, Utah, *Vermont, *Virginia, *Washington, West
Virginia, *Wisconsin, *Wyoming.
[41 FR 2238, Jan. 15, 1976; 41 FR 8053, Feb. 24, 1976, as amended at 42 FR 42353, Aug. 23, 1977;
43 FR 968, Jan. 5, 1978; 43 FR 10566, Mar. 14, 1978; 43 FR 34150, Aug. 3, 1978; 43 FR 57606, Dec.
8, 1978; 45 FR 25066, Apr. 14, 1980; 45 FR 70276, Oct. 23, 1980; 48 FR 31608, July 8, 1983; 48 FR
42820, Sept. 20, 1983; 54 FR 38153, Sept. 14, 1989; 59 FR 11204, Mar. 10, 1994; 64 FR 48566, Sept.
7, 1999; 65 FR 49509, Aug. 14, 2000; 70 FR 34698, June 15, 2005]

§ 21.30 Raptor propagation permits.
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(a) Permit requirement. A raptor propagation permit is required before any person may take, possess,
transport, import, purchase, barter, or offer to sell, purchase, or barter any raptor, raptor egg, or raptor
semen for propagation purposes.
(b) Application procedures. Submit application for raptor propagation permits to the appropriate Regional
Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50
CFR 2.2. Each application must contain the general information and certification required in §13.12(a) of
this subchapter, and the following additional information:
(1) A statement indicating the purpose(s) for which a raptor propagation permit is sought and, where
applicable, the scientific or educational objectives of the applicant;
(2) A statement indicating whether the applicant has been issued a State permit authorizing raptor
propagation (include name of State, permit number, and expiration date);
(3) A statement fully describing the nature and extent of the applicant's experience with raptor
propagation or handling raptors;
(4) A description of each raptor the applicant possesses or will acquire for propagation purposes to
include the species, age (if known), sex (if known), date of acquisition, source, and raptor marker
number;
(5) A description of each raptor the applicant possesses for purposes other than raptor propagation to
include the species, age (if known), sex (if known), date of acquisition, source, raptor marker number,
and purpose for which it is possessed;
(6) A description and photographs of the facilities and equipment to be used by the applicant including
the dimensions of any structures intended for housing the birds;
(7) A statement indicating whether the applicant requests authority to take raptors or raptor eggs from
the wild.
(c) Issuance criteria. Upon receiving an application completed in accordance with paragraph (b) of this
section, the Director will decide whether a permit should be issued. In making this decision, the Director
shall consider, in addition to the general criteria in §13.21(b) of this chapter, the following factors:
(1) Whether an applicant's raptor propagation facilities are adequate for the number and species of
raptors to be held under the permit.
(2) Whether propagation is authorized by the State in which the propagation will occur, and if authorized,
whether the applicant has any required State propagation permit.
(3) Whether the applicant is at least 18 years old with a minimum of 2 years experience handling raptors,
and if the applicant requests authority to propagate endangered or threatened species, whether the
applicant is at least 23 years old with a minimum of 7 years experience handling raptors.
(4) If the applicant requests authority to take raptors or raptor eggs from the wild:
(i) Whether issuance of the permit would have a significant effect on any wild population of raptors;
(ii) Whether suitable captive stock is available; and
(iii) Whether wild stock is needed to enhance the genetic variability of captive stock.
(d) Additional permit conditions. In addition to the general conditions found in part 13 of this chapter,
raptor propagation permits are subject to the following additional conditions:
(1) Facilities. Any tethered raptor possessed under this permit must be maintained in accordance with
the Federal falconry standards for “facilities and equipment” described in §21.29(g), unless a specific

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exception in writing is obtained. For untethered raptors, the breeding facilities must be soundly
constructed and entirely enclosed with wood, wire netting, or other suitable material which provides a
safe, health, environment. The design of such facilities and ancillary equipment must:
(i) Minimize the risk of injury by providing protection from predators, disturbances that would likely cause
harm, extreme weather conditions, and collision with interior or perimeter construction materials and
equipment such as support poles, windows, wire netting, perches, or lights;
(ii) Enhance sanitation by providing a well-drained floor, fresh air ventilation, source of light, fresh water
for bathing and drinking, access for cleaning, and interior construction materials suitable for thorough
cleaning or disinfection; and
(iii) Enhance the welfare and breeding success of the raptors by providing suitable perches, nesting and
feeding sites, and observation ports or inspection windows during times when disturbance is felt to be
undesirable.
(2) Incubation of eggs. Each permittee must notify the Director in writing within 5 days from the day the
first egg is laid by any raptor held under a raptor propagation permit, but notice is not required more
often than once every 60 days.
(3) Marking requirement. Unless otherwise specifically exempted, every raptor possessed for
propagation, including all progeny produced pursuant to the permitted activity, must be banded in
accordance with the following provisions:
(i) Except for captive-bred raptors lawfully marked with a seamless, numbered band provided by the
Service, any raptor possessed for propagation purposes shall be banded with a permanent, nonreusable, numbered band issued by the Service.
(ii) Unless specifically exempted by the conditions of the raptor propagation permit, each captive-bred
raptor produced under authority of a raptor propagation permit shall be banded within two (2) weeks of
hatching with a numbered, seamless band provided by the Service, placed on the raptor's leg
(metatarsus). In marking captive-bred raptors, permittees:
(A) Shall use a band with an opening (inside diameter) which is small enough to prevent its removal
when the raptor is fully grown without causing serious injury to the raptor or damaging the bands
integrity or one-piece construction;
(B) May band a raptor with more than one size band when the potential diameter of the raptor's leg at
maturity cannot be determined at the time of banding;
(C) Shall remove all but one band from any raptor with more than one band before the raptor is five (5)
weeks of age and return all bands removed to the issuing office.
(iii) No raptor taken from the wild, produced from an egg taken from the wild, or produced from an egg
from any source other than bred in captivity under authority of a raptor propagation permit may be
banded with a numbered seamless band issued by the Service.
(iv) No permittee under this section may band any raptor with any band issued or authorized by the
Service unless that raptor is lawfully possessed by the permittee.
(4) Taking Raptors or Raptor Eggs from the Wild. Any permit authorizing the permittee to take raptors or
raptor eggs from the wild for propagation purposes is subject to the following additional restrictions:
(i) The State or foreign country in which the raptors or raptor eggs are taken must authorize the
permittee in writing to take raptors or raptor eggs from the wild for propagation purposes;
(ii) No raptor listed in §17.11 of this chapter as “endangered” or “threatened” may be taken from the wild
without first obtaining the proper permit under part 17 of this chapter; and
(iii) No raptor or raptor egg may be taken from the wild except in accordance with State law.

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(5) Transfer, purchase, sale, or barter of raptors, raptor eggs, or raptor semen. (i) A permittee may
transfer any lawfully possessed raptor, raptor egg, or raptor semen to another permittee or transfer any
raptor to a falconer who holds a valid State falconry permit if no money or other consideration is
involved.
(ii) A permittee may transfer, purchase, sell, or barter any raptor which is banded with a numbered
seamless marker provided or authorized by the Service, subject to the following conditions:
(A) When the permittee purchases from, sells to, or barters with any person in the U.S., that person must
be authorized under this part to purchase, sell, or barter captive-bred raptors;
(B) When the permittee purchases from or barters with any person in a foreign country, that person must
be authorized by the competent wildlife management authority of the foreign country in which the
transaction occurs to sell or barter captive-bred raptors; and
(C) When the permittee transfers to, sells to or barters with any person in a foreign country, that person
must be authorized to possess, purchase or barter captive-bred raptors by the competent wildlife
management authority of his/her country of residence or domicile and the same wildlife management
authority must certify in writing that the recipient is an experienced falconer or raptor propagator who is
required to maintain any raptors in his/her possession under conditions that are comparable to the
conditions under which a permittee must maintain raptors under §21.29 or §21.30. No certification is
required if the competent wildlife management authority itself is the recipient of captive-bred raptors for
conservation purposes.
(iii) No raptor may be traded, transferred, purchased, sold, or bartered until it is two weeks old and only
after it is properly banded with a nonreuseable marker provided or authorized by the Service, unless it is
transferred, sold, or bartered to a State or Federal wildlife management agency for conservation
purposes.
(iv) A permittee may purchase, sell, or barter semen collected from any captive-bred raptor.
(v) A permittee may not purchase, sell or barter any raptor eggs, any raptors taken from the wild, any
raptor semen collected from the wild, or any raptors hatched from eggs taken from the wild.
(6) Use of Service form 3–186A. No permittee may take, purchase, receive, or otherwise acquire, sell,
trade, barter, transfer, or otherwise dispose of any raptor unless such permittee submits a form 3–186A
(Migratory Bird Acquisition/Disposition Report), completed in accordance with the instructions on the
form, to the issuing office within five (5) calendar days of any such transfer. Provided, that a permittee
does not have to submit a form 3–186A (Migratory Bird Acquisition/Disposition Report) to report the
acquisition raptors hatched from eggs produced as a result of the permittee's propagation activities as
long as these raptors remain in the possession of the permittee.
(7) Documentation of lawful possession. No raptor may be possessed under authority of a raptor
propagation permit unless the permittee has a properly completed form 3–186A (Migratory Bird
Acquisition/Disposition Report) for each bird possessed, except as provided in paragraph (d)(5) of this
section.
(8) Temporary possession. A raptor possessed under authority of a raptor propagation permit may be
temporarily held by a person other than the permittee only if that person is otherwise authorized to
possess raptors, and only if the raptor is accompanied at all times by the properly completed form 3–
186A (Migratory Bird Acquisition/Disposition Report) designating the permittee as the possessor of
record and by a signed, dated statement from the permittee authorizing the temporary possession.
(9) Sale, purchase, barter. A permittee may not sell, purchase, barter, or offer to sell, purchase, or barter
any raptor unless the raptor is marked on the metatarsus by a seamless, numbered band supplied by
the Service.
(10) Transfer to another. A permittee may not receive or otherwise acquire from, may not transfer or
otherwise dispose of to, and may not loan to or temporarily place with another person any raptor unless
that person is authorized to acquire, possess, and dispose of such raptors under a valid permit issued
pursuant to this part and part 13 or as permitted by regulations in this part.

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(11) Use in falconry. A permittee may use a raptor possessed for propagation in the sport of falconry
only if such use is designated in both the propagation permit and the permittee's falconry permit.
(12) Interspecific hybridization. Hybridization between species (interspecific hybridization) is authorized
only if each raptor produced by interspecific hybridization is either imprinted on humans (hand-raised in
isolation from the sight of other raptors from two weeks of age until it is fully feathered) or surgically
sterilized.
(13) Possession of dead raptors, non-viable eggs, nests, and feathers. (i) Upon the death of any raptor
held under permit, a permittee must remove the marker and immediately return it to the Director. The
carcass must be destroyed immediately, unless the permittee requests authorization from the Director to
retain possession of it. A permittee who has obtained written authorization from the Director to retain
possession of the carcass may transfer it to any other person authorized by the Service to possess it,
provided no money or other consideration is involved.
(ii) A permittee may possess addled or blown eggs, nests, and feathers from raptors held under permit
and may transfer any of these items to any other person authorized by the Service to possess them
provided no money or other consideration is involved.
(14) Intentional release to the wild. (i) A permittee must obtain written authorization from the Director and
the Director of the wildlife conservation department of the State in which release to the wild is proposed
before intentionally releasing any raptor to the wild. The raptor marker must be removed from each bird
and immediately returned to the Director. A Federal bird band must be attached to each raptor by a
person designated by the Director before its release.
(ii) No raptor produced by interspecific hybridization may be intentionally released to the wild.
(15) Recordkeeping. A permittee must maintain complete and accurate records of all operations, to
include the following:
(i) Acquisition of raptors, eggs, or semen from sources other than production.
(A) Description of stock:
( 1 ) Species, sex, age of each (if applicable),
( 2 ) Genotype-natal area (geographical breeding site or area that captive stock represents, e.g., Colville
River, Alaska; unknown; migrant taken in Maryland, etc.), and
( 3 ) Marker number (if applicable).
(B) Type of stock (including number or amount):
( 1 ) Semen,
( 2 ) Egg, or
( 3 ) Bird.
(C) How acquired:
( 1 ) Purchase, barter, or transfer (include the purchase price or a description of any other consideration
involved), or
( 2 ) Taken from the wild.
(D) Date acquired: month, day, and year.

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(E) From whom or where stock acquired:
( 1 ) Name, address, and permit number of seller, barterer, or transferor; or
( 2 ) Location where stock taken from the wild.
(ii) Disposition of raptors, eggs, or semen.
(A) Description of stock:
( 1 ) Species, sex, age of each (if applicable),
( 2 ) Genotype-natal area (geographical breeding site or area that captive stock represents, e.g., Colville
River, Alaska; unknown; migrant taken in Maryland, etc.), and
( 3 ) Marker number (if applicable).
(B) Type of stock (including number or amount):
( 1 ) Semen,
( 2 ) Egg, or
( 3 ) Bird.
(C) Manner of disposition:
( 1 ) Sale, barter, or transfer (include the sale price or a description of any other consideration involved),
( 2 ) Live loss,
( 3 ) Intentional release to the wild, or
( 4 ) Death.
(D) Date of disposition: month, day, and year.
(E) To whom or where stock disposed:
( 1 ) Name, address, and permit number of purchaser, barterer, or transferee, or
( 2 ) Description and location of other disposition.
(iii) Production and pedigree record.
(A) Mother and father(s):
( 1 ) Species,
( 2 ) Genotype-natal area, and
( 3 ) Marker number.
(B) Insemination:

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( 1 ) Natural,
( 2 ) Artificial, or
( 3 ) Combined.
(C) Eggs laid:
( 1 ) Total,
( 2 ) First date, and
( 3 ) Last date.
(D) Eggs hatched:
( 1 ) Total,
( 2 ) First date, and
( 3 ) Last date.
(E) Young raised to 2 weeks of age:
( 1 ) Total produced, and
( 2 ) Marker number and date marked for each raptor.
(16) Annual report. A permittee must submit an annual report by January 31 of each year for the
preceding year to the Director. The report must include the following information for each species
possessed by the permittee:
(i) Number of raptors possessed as of December 31 (including the species, marker number, sex, and
age of each raptor).
(ii) Number of females laying eggs.
(iii) Number of eggs laid.
(iv) Number of eggs hatched.
(v) Number of young raised to 2 weeks of age.
(vi) Number of raptors purchased, sold, bartered, received, or transferred (including the species, marker
number, sex, and age of each raptor) the date of the transaction, and the name, address and permit
number of each purchaser, seller, barterer, transferor, or transferee.
(e) Term of permit. A raptor propagation permit issued or renewed under this part expires on the date
designated on the face of the permit unless amended or revoked, but the term of the permit shall not
exceed three (3) years from the date of issuance or renewal.
[48 FR 31608, July 8, 1983, as amended at 49 FR 9736, Mar. 15, 1984; 54 FR 38154, Sept. 14, 1989;
63 FR 52637, Oct. 1, 1998]

§ 21.31 Rehabilitation permits.

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(a) What is the permit requirement? Except as provided in §21.12, a rehabilitation permit is required to
take, temporarily possess, or transport any migratory bird for rehabilitation purposes. However, any
person who finds a sick, injured, or orphaned migratory bird may, without a permit, take possession of
the bird in order to immediately transport it to a permitted rehabilitator.
(b) What are the general permit provisions? (1) The permit authorizes you to:
(i) Take from the wild or receive from another person sick, injured, or orphaned migratory birds and to
possess them and provide rehabilitative care for them for up to 180 days;
(ii) Transport such birds to a suitable habitat for release, to another permitted rehabilitator's facilities, or
to a veterinarian;
(iii) Transfer, release, or euthanize such birds;
(iv) Transfer or otherwise dispose of dead specimens; and
(v) Receive, stabilize, and transfer within 48 hours types of migratory bird species not authorized by your
permit, in cases of emergency. If a rehabilitator authorized to care for the bird is not available within that
timeframe, you must contact the issuing office for authorization to retain the bird until it can be
transferred.
(2) The permit does not authorize the use of migratory birds for educational purposes.
(c) How do I apply for a migratory bird rehabilitation permit? You must apply to the appropriate Regional
Director—Attention Migratory Bird Permit Office. You can find addresses for the appropriate Regional
Directors in §2.2 of subchapter A of this chapter. Your application package must consist of the following:
(1) A completed application (Form 3–200–10b);
(2) A copy of your State rehabilitation permit, license, or other authorization, if one is required in your
State; and
(3) A check or money order made payable to the “U.S. Fish and Wildlife Service” in the amount of the
application fee for permits issued under this section listed in §13.11 of this chapter.
(d) What criteria will the Service consider before issuing a permit? (1) Upon receiving an application
completed in accordance with paragraph (c) of this section, the Regional Director will decide whether to
issue you a permit based on the general criteria of §13.21 of this chapter and whether you meet the
following requirements:
(i) You must be at least 18 years of age with at least 100 hours of hands-on experience, gained over the
course of at least 1 whole year, rehabilitating the types of migratory birds you intend to rehabilitate (e.g.,
waterbirds, raptors), or comparable experience. Up to 20 hours of the 100-hour time requirement may be
fulfilled by participation in migratory bird rehabilitation seminars and courses.
(ii) Your facilities must be adequate to properly care for the type(s) of migratory bird species you intend
to rehabilitate, or you must have a working relationship with a person or organization with such facilities.
(iii) You must have an agreement with a licensed veterinarian to provide medical care for the birds you
intend to rehabilitate, unless you are a licensed veterinarian.
(iv) You must have a State permit, license, or other authorization to rehabilitate migratory birds if such
authorization required by your State.
(2) In issuing a permit, the Regional Director may place restrictions on the types of migratory bird

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species you are authorized to rehabilitate, based on your experience and facilities as well as on the
specific physical requirements and behavioral traits of particular species.
(e) What are the standard conditions for this permit? In addition to the general permit conditions set forth
in part 13 of this chapter, rehabilitation permits are subject to the following conditions:
(1) Facilities. You must conduct the activities authorized by this permit in appropriate facilities that are
approved and identified on the face of your permit. In evaluating whether caging dimensions are
adequate, the Service will use as a guideline the standards developed by the National Wildlife
Rehabilitators Association and the International Wildlife Rehabilitation Council ( Minimum Standards for
Wildlife Rehabilitation, 2000 ).1 The Regional Migratory Bird Permit Office will authorize variation from
the standards where doing so is reasonable and necessary to accommodate a particular rehabilitator's
circumstances, unless a determination is made that such variation will jeopardize migratory birds.
However, except as provided by paragraph (f)(2)(i) of this section, all facilities must adhere to the
following criteria:
1

Copies may be obtained by contacting either the National Wildlife Rehabilitators Association:
14 North 7th Avenue, St. Cloud MN 56303–4766, http://www.nwawildlife.org/default.asp; or
the International Wildlife Rehabilitation Council: 829 Bancroft Way, Berkeley, CA 94710,
http://www.iwrc-online.org.

(i) Rehabilitation facilities for migratory birds must be secure and provide protection from predators,
domestic animals, undue human disturbance, sun, wind, and inclement weather.
(ii) Caging must be made of a material that will not entangle or cause injury to the type of birds that will
be housed within.
(iii) Enclosures must be kept clean, well-ventilated, and hygienic.
(iv) Birds must not be overcrowded, and must be provided enough perches, if applicable.
(v) Birds must be housed only with compatible migratory bird species.
(vi) Birds may not be displayed to the public unless you use video equipment, barriers, or other methods
to reduce noise and exposure to humans to levels the birds would normally encounter in their habitat.
You may not use any equipment for this purpose that causes stress or harm, or impedes the
rehabilitation of any bird.
(2) Dietary requirements. You must provide the birds in your care with a diet that is appropriate and
nutritionally approximates the natural diet consumed by the species in the wild, with consideration for the
age and health of the individual bird.
(3) Subpermittees. Except as provided by paragraph (f)(2)(ii) of this section, anyone who will be
performing activities that require permit authorization under paragraph (b)(1) of this section when you or
a subpermittee are not present, including any individual who transports birds to or from your facility on a
regular basis, must either possess his or her own Federal rehabilitation permit, or be authorized as your
subpermittee by being named in writing to your issuing Migratory Bird Permit Office. Subpermittees must
be at least 18 years of age and possess sufficient experience to tend the species in their care.
Subpermittees authorized to care for migratory birds at a site other than your facility must have facilities
adequate to house the species in their care, based on the criteria of paragraph (e)(1) of this section. All
such facilities must be approved by the issuing office. As the primary permittee, you are legally
responsible for ensuring that your subpermittees, staff, and volunteers adhere to the terms of your
permit when conducting migratory bird rehabilitation activities.
(4) Disposition of birds under your care. (i) You must take every precaution to avoid imprinting or
habituating birds in your care to humans. If a bird becomes imprinted to humans while under your care,
you will be required to transfer the bird as directed by the issuing office.
(ii) You may not retain migratory birds longer than 180 days without additional authorization from your
Regional Migratory Bird Permit Office. You must release all recuperated birds to suitable habitat as soon

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as seasonal conditions allow, following recovery of the bird. If the appropriate season for release is
outside the 180-day timeframe, you must seek authorization from the Service to hold the bird until the
appropriate season. Before releasing a threatened or endangered migratory bird, you must coordinate
with your issuing Migratory Bird Permit Office.
(iii) You must euthanize any bird that cannot feed itself, perch upright, or ambulate without inflicting
additional injuries to itself where medical and/or rehabilitative care will not reverse such conditions. You
must euthanize any bird that is completely blind, and any bird that has sustained injuries that would
require amputation of a leg, a foot, or a wing at the elbow or above (humero-ulnar joint) rather than
performing such surgery, unless:
(A) A licensed veterinarian submits a written recommendation that the bird should be kept alive,
including an analysis of why the bird is not expected to experience the injuries and/or ailments that
typically occur in birds with these injuries and a commitment (from the veterinarian) to provide medical
care for the bird for the duration of its life, including complete examinations at least once a year;
(B) A placement is available for the bird with a person or facility authorized to possess it, where it will
receive the veterinary care described in paragraph (e)(4)(iii)(A) of this section; and
(C) The issuing office specifically authorizes continued possession, medical treatment, and rehabilitative
care of the bird.
(iv) You must obtain authorization from your issuing Migratory Bird Permit Office before euthanizing
endangered and threatened migratory bird species. In rare cases, the Service may designate a
disposition other than euthanasia for those birds. If Service personnel are not available, you may
euthanize endangered and threatened migratory birds without Service authorization when prompt
euthanasia is warranted by humane consideration for the welfare of the bird.
(v) You may place nonreleasable live birds that are suitable for use in educational programs, foster
parenting, research projects, or other permitted activities with persons permitted or otherwise authorized
to possess such birds, with prior approval from your issuing Migratory Bird Permit Office.
(vi)(A) You may donate dead birds and parts thereof, except threatened and endangered species, and
bald and golden eagles, to persons authorized by permit to possess migratory bird specimens or
exempted from permit requirements under §21.12.
(B) You must obtain approval from your issuing office before disposing of or transferring any live or dead
endangered or threatened migratory bird specimen, parts, or feathers.
(C) You must send all dead bald and golden eagles, and their parts and feathers to: National Eagle
Repository, Building 128, Rocky Mountain Arsenal, Commerce City, CO 80022. If your State requires
you to notify State wildlife officers of a dead bald or golden eagle before sending the eagle to the
Repository you must comply with State regulations. States may assume temporary possession of the
carcasses for purposes of necropsy.
(D) Unless specifically required to do otherwise by the Service, you must promptly destroy all other dead
specimens by such means as are necessary to prevent any exposure of the specimens to animals in the
wild.
(vii) With authorization from your issuing Migratory Bird Permit Office, you may hold a nonreleasable bird
longer than 180 days for the purpose of fostering juveniles during their rehabilitation. You may also use
birds you possess under an educational permit to foster juveniles.
(viii) You may possess a reasonable number of feathers for imping purposes, based on the numbers and
species of birds for which you regularly provide care.
(ix) You may draw blood and take other medical samples for purposes of the diagnosis and recovery of
birds under your care, or for transfer to authorized facilities conducting research pertaining to a
contagious disease or other public health hazard.
(x) You may conduct necropsies on dead specimens in your possession, except that you must obtain

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approval from your Regional Migratory Bird Permit Office before conducting necropsies on threatened or
endangered species.
(xi) This permit does not confer ownership of any migratory bird. All birds held under this permit remain
under the stewardship of the U.S. Fish and Wildlife Service.
(5) Notification to the U.S. Fish and Wildlife Service. (i) You must notify your issuing Migratory Bird
Permit Office within 24 hours of acquiring a threatened or endangered migratory bird species, or bald or
golden eagle, whether live or dead. You may be required to transfer these birds to another facility
designated by the Service.
(ii) You must immediately notify the local U.S. Fish and Wildlife Service Law Enforcement Office if you
have reason to believe a bird has been poisoned, electrocuted, shot, or otherwise subjected to criminal
activity. Contact information for your local Service Law Enforcement office is listed on your permit, or you
can obtain it on the Internet at http://offices.fws.gov.
(iii) If the sickness, injury, or death of any bird is due or likely due to avian virus, or other contagious
disease or public health hazard, you must notify and comply with the instructions given by the State or
local authority that is responsible for tracking the suspected disease or hazard in your location, if that
agency is currently collecting such information from the public.
(6) You must maintain a working relationship with a licensed veterinarian. If your working relationship
with your original cooperating veterinarian is dissolved, you must establish an agreement within 30 days
with another licensed veterinarian to provide medical services to the birds in your care, and furnish a
copy of this agreement to the issuing office.
(7) Recordkeeping. You must maintain complete and accurate records of all migratory birds that you
receive, including for each bird the date received, type of injury or illness, disposition, and date of
disposition. You must retain these records for 5 years following the end of the calendar year covered by
the records.
(8) Annual report. You must submit an annual report that includes the information required by paragraph
(e)(7) for the preceding calendar year to your issuing Migratory Bird Permit Office by the date required
on your permit. You may complete Service Form 3–202–4, or submit your annual report from a database
you maintain, provided your report contains all, and only, the information required by Form 3–202–4.
(9) At the discretion of the Regional Director, we may stipulate on the face of your permit additional
conditions compatible with the permit conditions set forth in this section, to place limits on numbers
and/or types of birds you may possess under your permit, to stipulate authorized location(s) for your
rehabilitation activities, or otherwise specify permitted activities, based on your experience and facilities.
(f) How does this permit apply to oil and hazardous waste spills? Prior to entering the location of an oil or
hazardous material spill, you must obtain authorization from the U.S. Fish and Wildlife Service Field
Response Coordinator or other designated Service representative and obtain permission from the OnScene Coordinator. All activities within the location of the spill are subject to the authority of the OnScene Coordinator. The U.S. Fish and Wildlife Service is responsible for the disposition of all migratory
birds, dead or alive.
(1) Permit provisions in oil or hazardous material spills. (i) In addition to the rehabilitation permit
provisions set forth in paragraph (b) of this section, when under the authority of the designated U.S. Fish
and Wildlife Service representative this permit further authorizes you to temporarily possess healthy,
unaffected birds for the purpose of removing them from imminent danger.
(ii) This permit does not authorize salvage of dead migratory birds. When dead migratory birds are
discovered, a Service law enforcement officer must be notified immediately in order to coordinate the
handling and collection of evidence. Contact information for your local Service Law Enforcement office is
listed on your permit and on the Internet at http://offices.fws.gov. The designated Service representative
will have direct control and responsibility over all live migratory birds, and will coordinate the collection,
storage, and handling of any dead migratory birds with the Service's Division of Law Enforcement.
(iii) You must notify your issuing Migratory Bird Permit Office of any migratory birds in your possession

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within 24 hours of removing such birds from the area.
(2) Conditions specific to oil and hazardous waste spills —(i) Facilities. Facilities used at the scene of oil
or hazardous waste spills may be temporary and/or mobile, and may provide less space and protection
from noise and disturbance than facilities authorized under paragraph (e)(1) of this section. Such
facilities should conform as closely as possible with the facility specifications contained in the Service
policy titled Best Practices for Migratory Bird Care During Oil Spill Response. 2
2

You can obtain copies of this document by writing to the U.S. Fish and Wildlife Service,
Division of Environmental Quality, 4401 North Fairfax Drive, MS 322, Arlington, VA, 22203.
(ii) Subpermittees. In cases of oil and hazardous waste spills, persons who assist with cleaning or
treating migratory birds at the on-scene facility will not be required to have a rehabilitation permit or be a
subpermittee; however, volunteers must be trained in rescue protocol for migratory birds affected by oil
and hazardous waste spills. A permit (or subpermittee designation) is required to perform extended
rehabilitation of such birds, after initial cleaning and treating, at a subsequent location.
(g) Will I also need a permit from the State in which I live? If your State requires a license, permit, or
other authorization to rehabilitate migratory birds, your Federal migratory bird rehabilitation permit will
not be valid if you do not also possess and adhere to the terms of the required State authorization, in
addition to the Federal permit. Nothing in this section prevents a State from making and enforcing laws
or regulations consistent with this section that are more restrictive or give further protection to migratory
birds.
(h) How long is a migratory bird rehabilitation permit valid? Your rehabilitation permit will expire on the
date designated on the face of the permit unless amended or revoked. No rehabilitation permit will have
a term exceeding 5 years.
(i) Will I need to apply for a new permit under this section if I already have a special purpose permit to
rehabilitate migratory birds, issued under §21.27 (Special purpose permits)? (1) If you had a valid
Special Purpose—Migratory Bird Rehabilitation Permit issued under §21.27 on November 26, 2003,
your permit will remain valid until the expiration date listed on its face. If you renew your permit, it will be
issued under this section.
(2) If your original permit authorization predates permit application procedures requiring submission of
photographs and diagrams for approval of your facilities, and your facilities have never been approved
by the migratory bird permit office on the basis of such photographs and diagrams, you must submit
photographs and diagrams of your facilities as part of your renewal application. If those facilities do not
meet the criteria set forth under this section, your permit may be renewed for only 1 year. We will reevaluate your facilities when you seek renewal in a year. If you have made the improvements necessary
to bring your facilities into compliance with paragraph (e)(1) of this section, and the other criteria within
this section for permit issuance are met, your permit may be renewed for up to the full 5-year tenure.
(3) If your facilities have already been approved on the basis of photographs and diagrams, and
authorized under a valid §21.27 special purpose permit, then they are preapproved to be authorized
under your new permit issued under this section, unless those facilities have materially diminished in
size or quality from what was authorized when you last renewed your permit, or unless you wish to
expand the authorizations granted by your permit (e.g., the number or types of birds you rehabilitate).
Regulations governing permit renewal are set forth in §13.22 of this chapter.
[68 FR 61137, Oct. 27, 2003]

Subpart D—Control of Depredating and Otherwise Injurious Birds
top

§ 21.41 Depredation permits.
top

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(a) Permit requirement. Except as provided in §§21.42 through 21.46, a depredation permit is required
before any person may take, possess, or transport migratory birds for depredation control purposes. No
permit is required merely to scare or herd depredating migratory birds other than endangered or
threatened species or bald or golden eagles.
(b) Application procedures. Submit application for depredation permits to the appropriate Regional
Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50
CFR 2.2. Each application must contain the general information and certification required in §13.12(a) of
this subchapter, and the following additional information:
(1) A description of the area where depredations are occurring;
(2) The nature of the crops or other interests being injured;
(3) The extent of such injury; and
(4) The particular species of migratory birds committing the injury.
(c) Additional permit conditions. Inaddition to the general conditions set forth in part 13 of this subchapter
B, depredation permits shall be subject to requires, in this section:
(1) Permittees may not kill migratory birds unless specifically authorized on the permit.
(2) Unless otherwise specifically authorized, when permittees are authorized to kill migratory birds they
may do so only with a shotgun not larger than No. 10 gauge fired from the shoulder, and only on or over
the threatened area or area described on the permit.
(3) Permittees may not use blinds, pits, or other means of concealment, decoys, duck calls, or other
devices to lure or entice birds within gun range.
(4) All migratory birds killed shall be retrieved by the permittee and turned over to a Bureau
representative or his designee for disposition to charitable or other worthy institutions for use as food, or
otherwise disposed of as provided by law.
(5) Only persons named on the permit are authorized to act as agents of the permittee under authority of
the permit.
(d) Tenure of permits. The tenure of depredation permits shall be limited to the dates which appear on its
face, but in no case shall be longer than one year.
[39 FR 1178, Jan. 4, 1974, as amended at 42 FR 17122, Mar. 31, 1977; 63 FR 52637, Oct. 1, 1998]

§ 21.42 Authority to issue depredating orders to permit the killing of migratory game
birds.
top
Upon the receipt of evidence clearly showing that migratory game birds have accumulated in such
numbers in a particular area as to cause or about to cause serious damage to agricultural, horticultural,
and fish cultural interests, the Director is authorized to issue by publication in theFederal Registera
depredation order to permit the killing of such birds under the following conditions:
(a) That such birds may only be killed by shooting with a shotgun not larger than No. 10 gauge fired from
the shoulder, and only on or over the threatened area or areas;
(b) That shooting shall be limited to such time as may be fixed by the Director on the basis of all
circumstances involved. If prior to termination of the period fixed for such shooting, the Director receives
information that there no longer exists a serious threat to the area or areas involved, he shall without

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delay cause to be published in theFederal Registeran order of revocation;
(c) That such migratory birds as are killed under the provisions of any depredation order may be used for
food or donated to public museums or public scientific and educational institutions for exhibition,
scientific, or educational purposes, but shall not be sold, offered for sale, bartered, or shipped for
purpose of sale or barter, or be wantonly wasted or destroyed: Provided, That any migratory game birds
which cannot be so utilized shall be disposed of as prescribed by the Director;
(d) That any order issued pursuant to this section shall not authorize the killing of the designated species
of depredating birds contrary to any State laws or regulations. The order shall specify that it is issued as
an emergency measure designed to relieve depredations only and shall not be construed as opening,
reopening, or extending any open hunting season contrary to any regulations promulgated pursuant to
section 3 of the Migratory Bird Treaty Act.

§ 21.43 Depredation order for blackbirds, cowbirds, grackles, crows and magpies.
top
A Federal permit shall not be required to control yellow-headed red-winged, rusty, and Brewer's
blackbirds, cowbirds, all grackles, crows, and magpies, when found committing or about to commit
depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when
concentrated in such numbers and manner as to constitute a health hazard or other nuisance: Provided:
(a) That none of the birds killed pursuant to this section, nor their plumage, shall be sold or offered for
sale, but may be possessed, transported, and otherwise disposed of or utilized.
(b) That any person exercising any of the privileges granted by this section shall permit at all reasonable
times including during actual operations, any Federal or State game or deputy game agent, warden,
protector, or other game law enforcement officer free and unrestricted access over the premises on
which such operations have been or are being conducted; and shall furnish promptly to such officer
whatever information he may require, concerning said operations.
(c) That nothing in this section shall be construed to authorize the killing of such birds contrary to any
State laws or regulations; and that none of the privileges granted under this section shall be exercised
unless the person possesses whatever permit as may be required for such activities by the State
concerned.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989]

§ 21.44 Depredation order for designated species of depredating birds in California.
top
In any county in California in which horned larks, golden-crowned, white-crowned and other crowned
sparrows, and house finches are, under extraordinary conditions, seriously injurious to agricultural or
other interests, the Commissioner of Agriculture may, without a permit, kill or cause to be killed under
his/her general supervision such of the above migratory birds as may be necessary to safeguard any
agricultural or horticultural crop in the county: Provided:
(a) That such migratory birds shall be killed only when necessary to protect agricultural or horticultural
crops from depredation; that none of the above migratory birds killed, or the parts thereof, or the
plumage of such birds, shall be sold or removed from the area where killed; but that all such dead
migratory birds shall be buried or otherwise destroyed within this area, except that any specimens
needed for scientific purposes, as determined by the State or the Director shall not be destroyed.
(b) That any Commissioner of Agriculture exercising the privileges granted by this section shall keep
records of the persons authorized by the Commissioner to kill such migratory birds, and the estimated
number of such birds killed pursuant to the exercise of his authority, and the Commissioner shall submit
a report thereof to the Director on or before December 31 of each year or whenever the Director so

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requests.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989; 55 FR 17352, Apr. 24, 1990]

§ 21.45 Depredation order for depredating purple gallinules in Louisiana.
top
Landowners, sharecroppers, tenants, or their employees or agents, actually engaged in the production
of rice in Louisiana, may, without a permit, shoot purple gallinules ( Ionornis martinica ) when found
committing or about to commit serious depredations to growing rice crops on the premises owned or
occupied by such persons: Provided:
(a) That purple gallinules may only be killed pursuant to this section between May 1 and August 15 in
any year.
(b) That purple gallinules killed pursuant to this section shall not be transported or sold or offered for sale
except that, such transportation within the area, as may be necessary to bury or otherwise destroy the
carcasses of such birds is permitted: Provided, That the Director or the State agricultural department,
college, or other public institution may requisition such purple gallinules killed as may be needed for
scientific investigations: Provided further, That any purple gallinules killed under authority of this section
may also be donated to charitable institutions for food purposes.
(c) That any person exercising any of the privileges granted by this section shall permit at all reasonable
times, including during actual operations, any Federal or State game or deputy game agent, warden,
protector, or other game law enforcement officer free and unrestricted access over the premises on
which such operations have been or are being conducted; and shall furnish promptly to such officer
whatever information he may require, concerning said operations.
(d) That nothing in this section shall be construed to authorize the killing of such migratory birds contrary
to any State laws or regulations; and that none of the privileges granted under this section shall be
exercised unless the person possesses whatever permit as may be required for such activities by the
State of Louisiana.
(e) That any person authorized by this section to exercise the privileges granted therein shall maintain
records of the number of birds killed on the premises and shall submit a report thereof, on or before
December 31 of each year, to the Director.

§ 21.46 Depredation order for depredating scrub jays and Steller's jays in Washington
and Oregon.
top
Landowners, sharecroppers, tenants, or their employees or agents actually engaged in the production of
nut crops in Washington and Oregon may, without a permit, take scrub jays ( Aphelocoma
coerulescens ) and Steller's jays ( Cyanocitta stelleri ) when found committing or about to commit
serious depredations to nut crops on the premises owned or occupied by such persons: Provided:
(a) That scrub jays and Steller's jays may only be taken pursuant to this section between August 1 and
December 1 in any year, in the Washington counties of Clark, Cowlitz, and Lewis; and the Oregon
counties of Benton, Clackamas, Lane, Linn, Marion, Multnomah, Polk, Washington, and Yamhill.
(b) That scrub jays and Steller's jays taken pursuant to this section shall not be transported or sold or
offered for sale except that, such transportation within the area, as may be necessary to bury or
otherwise destroy the carcasses of such birds is permitted: Provided, That the Director of the State
agricultural department, college, or other public institution may requisition such scrub jays and Steller's
jays killed as may be needed for scientific investigations.

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(c) That such birds may be taken only by trapping or shooting and on areas where serious depredations
are being or are about to be committed.
(d) That any person exercising any of the privileges granted by this section shall permit at all reasonable
times, including during actual operations, any Federal or State game or deputy game agent, warden,
protector, or other law enforcement officer free and unrestricted access over the premises on which such
operations have been or are being conducted; and shall furnish promptly to such officer whatever
information he may require, concerning said operations.
(e) That nothing in this section shall be construed to authorize the killing of such migratory birds contrary
to any State laws or regulations; and that none of the privileges granted under this section shall be
exercised unless the person possesses whatever permit as may be required for such activities by the
States of Washington and Oregon.
(f) That any person authorized by this section to exercise the privileges granted therein shall maintain
records of the number of birds killed on the premises and shall submit a report thereof, on or before
December 31 of each year, to the appropriate Special Agent in Charge (see §10.22 of this subchapter).
[39 FR 31326, Aug. 28, 1974]

§ 21.47 Depredation order for double-crested cormorants at aquaculture facilities.
top
(a) What is the purpose of this depredation order? The purpose of this depredation order is to help
reduce depredation of aquacultural stock by double-crested cormorants at private fish farms and State
and Federal fish hatcheries.
(b) In what areas can this depredation order be implemented? This depredation order applies to
commercial freshwater aquaculture facilities and to State and Federal fish hatcheries in the States of
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Minnesota, Mississippi, North Carolina,
Oklahoma, South Carolina, Tennessee, and Texas.
(c) What does this depredation order allow and who can participate? (1) This depredation order
authorizes landowners, operators, and tenants (or their employees or agents) actually engaged in the
commercial, Federal, or State production of freshwater aquaculture stocks to take, without a Federal
permit, double-crested cormorants when they are found committing or about to commit depredations to
aquaculture stocks. This authority is applicable only during daylight hours and only within the boundaries
of freshwater commercial aquaculture facilities or State and Federal hatcheries.
(2) This depredation order authorizes employees of the Wildlife Services program of the U.S.
Department of Agriculture Animal and Plant Health Inspection Service to take double-crested
cormorants, with appropriate landowner permission, at roost sites in the vicinity of aquaculture facilities,
at any time, day or night, during the months of October, November, December, January, February,
March, and April.
(3) Authorized employees of the Wildlife Services program of the U.S. Department of Agriculture Animal
and Plant Health Inspection Service may designate agents to carry out control, provided these
individuals act under the conditions of the order.
(d) What are the terms and conditions of this order? (1) Persons operating under paragraph (c)(1) of this
section may only do so in conjunction with an established nonlethal harassment program as certified by
officials of the Wildlife Services program of the U.S. Department of Agriculture Animal and Plant Health
Inspection Service. Wildlife Services directive 2.330 outlines this certification process.
(2) Double-crested cormorants may be taken only by shooting with firearms, including rifles. Persons
using shotguns are required to use nontoxic shot as listed in 50 CFR 20.21(j).
(3) Persons operating under this depredation order may use decoys, taped calls, or other devices to lure
within gun range birds committing or about to commit depredations.

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(4) Persons operating under this depredation order must obtain appropriate landowner permission
before implementing activities authorized by the order.
(5) Double-crested cormorants may not be killed contrary to the laws or regulations of any State, and
none of the privileges of this section may be exercised unless the person possesses the appropriate
State or other permits, if required.
(6) Persons operating under this depredation order must properly dispose of double-crested cormorants
killed in control efforts:
(i) Individuals may donate birds killed under authority of this order to museums or other such scientific
and educational institutions for the purposes of scientific or educational exhibition;
(ii) Individuals may also bury or incinerate birds taken; and
(iii) Individuals may not allow birds taken under this order, or their plumage, to be sold, offered for sale,
bartered, or shipped for purpose of sale or barter.
(7) Nothing in this depredation order authorizes the take of any migratory bird species other than doublecrested cormorants. Two look-alike species co-occur with double-crested cormorants in the
southeastern States: the anhinga, which occurs across the southeastern United States, and the
neotropic cormorant, which is found in varying numbers in Texas, Louisiana, and Oklahoma. Both
species can be mistaken for double-crested cormorants, but take of these two species is not authorized
under this depredation order. Persons operating under this order must immediately report the take of a
migratory bird species other than double-crested cormorants to the appropriate Service Regional
Migratory Bird Permit Office.
(8) Nothing in this depredation order authorizes the take of any species protected by the Endangered
Species Act. Persons operating under this order must immediately report the take of species protected
under the Endangered Species Act to the Service.
(i) To protect wood storks and bald eagles, the following conservation measures must be observed
within any geographic area where Endangered Species Act protection applies to these species: All
control activities are allowed if the activities occur more than 1,500 feet from active wood stork nesting
colonies, more than 1,000 feet from active wood stork roost sites, and more than 750 feet from feeding
wood storks, and if they occur more than 750 feet from active bald eagle nests.
(ii) At their discretion, landowners, operators, and tenants may contact the Regional Migratory Bird
Permit Office to request modification of the measures listed in paragraph (d)(8)(i) of this section. Such
modification can occur only if the Regional Director determines, on the basis of coordination between the
Regional Migratory Bird Permit Office and the Endangered Species Field Office, that wood storks and
bald eagles will not be adversely affected.
(iii) If adverse effects are anticipated from the control activities in a geographical area where
Endangered Species Act protection applies to wood storks or bald eagles, either during the intra-Service
coordination discussions described above or at any other time, the Regional Migratory Bird Permit Office
will initiate consultation with the Endangered Species Field Offices.
(9) Persons operating under this depredation order must:
(i) Keep a log recording the date, number, and location of all birds killed each year under this
authorization;
(ii) Maintain this log for a period of 3 years (and maintain records for 3 previous years of takings at all
times thereafter); and
(iii) Each year, provide the previous year's log to the appropriate Service Regional Migratory Bird Permit
Office. Regional Office addresses are found in §2.2 of subchapter A of this chapter.
(10) We reserve the right to suspend or revoke the authority of any Agency or individual granted by this

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order if we find that the specified purpose, terms, and conditions have not been adhered to by that
Agency or individual or if the long-term sustainability of double-crested cormorant populations is
threatened by that Agency's or individual's action(s). The criteria and procedures for suspension,
revocation, reconsideration, and appeal are outlined in §§13.27 through 13.29 of this subchapter. For
the purposes of this section, “issuing officer” means the Regional Director and “permit” means the
authority to act under this depredation order. For purposes of §13.29(e), appeals shall be made to the
Director.
(e) Does this section contain information collection requirements? Yes, the information collection
requirements in this section are approved by the Office of Management and Budget (OMB) under OMB
control number 1018–0121. Federal agencies may not conduct or sponsor, and you are not required to
respond to, a collection of information unless it displays a currently valid OMB control number.
(f) When does this depredation order expire? This depredation order will automatically expire on April
30, 2009, unless revoked or extended prior to that date.
[68 FR 58034, Oct. 8, 2003]

§ 21.48 Depredation order for double-crested cormorants to protect public resources.
top
(a) What is the purpose of this depredation order? The purpose of this depredation order is to reduce the
occurrence and/or minimize the risk of adverse impacts to public resources (fish, wildlife, plants, and
their habitats) caused by double-crested cormorants.
(b) In what areas can this depredation order be implemented? This depredation order applies to all lands
and freshwaters in the States of Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, New York, North Carolina, Ohio,
Oklahoma, South Carolina, Tennessee, Texas, Vermont, West Virginia, and Wisconsin.
(c) What does this depredation order allow and who can participate? (1) This depredation order
authorizes State fish and wildlife agencies, Federally recognized Tribes, and State Directors of the
Wildlife Services program of the U.S. Department of Agriculture Animal and Plant Health Inspection
Service (collectively termed “Agencies”) to prevent depredations on the public resources of fish
(including hatchery stock at Federal, State, and Tribal facilities), wildlife, plants, and their habitats by
taking without a permit double-crested cormorants found committing or about to commit, such
depredations.
(2) Agencies may designate agents to carry out control, provided those individuals act under the
conditions of the order.
(3) Federally recognized Tribes and their agents may carry out control only on reservation lands or
ceded lands within their jurisdiction.
(d) What are the terms and conditions of this order? (1) Persons operating under this order should first
utilize nonlethal control methods such as harassment and exclusion devices when these are considered
effective and practicable and not harmful to other nesting birds by the responsible Agency.
(2) Double-crested cormorants may be taken only by means of egg oiling, egg and nest destruction,
cervical dislocation, firearms, and CO2asphyxiation. Persons using shotguns must use nontoxic shot, as
listed in 50 CFR 20.21(j). Persons using egg oiling must use 100 percent corn oil, a substance exempted
from regulation by the U.S. Environmental Protection Agency under the Federal Insecticide, Fungicide,
and Rodenticide Act.
(3) Persons operating under this depredation order may use decoys, taped calls, or other devices to lure
within gun range birds committing or about to commit depredation of public resources.
(4) Persons operating under this depredation order must obtain appropriate landowner permission

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before implementing activities authorized by the order.
(5) Persons operating under this depredation order may not take double-crested cormorants contrary to
the laws or regulations of any State, and none of the privileges of this section may be exercised unless
the person possesses the appropriate State or other permits, if required.
(6) Persons operating under this depredation order must properly dispose of double-crested cormorants
killed in control efforts:
(i) Individuals may donate birds killed under authority of this order to museums or other such scientific
and educational institutions for the purposes of scientific or educational exhibition;
(ii) Individuals may also bury or incinerate birds taken; and
(iii) Individuals may not allow birds taken under this order, or their plumage, to be sold, offered for sale,
bartered, or shipped for purpose of sale or barter.
(7) Nothing in this depredation order authorizes the take of any migratory bird species other than doublecrested cormorants. Two look-alike species co-occur with double-crested cormorants in the
southeastern States: the anhinga, which occurs across the southeastern United States, and the
neotropic cormorant, which is found in varying numbers in Texas, Louisiana, Kansas, and Oklahoma.
Both species can be mistaken for double-crested cormorants, but take of these two species is not
authorized under this depredation order. Persons operating under this order must immediately report the
take of a migratory bird species other than double-crested cormorants to the appropriate Service
Regional Migratory Bird Permit Office.
(8) Nothing in this depredation order authorizes the take of any species protected by the Endangered
Species Act. Persons operating under this order must immediately report the take of species protected
under the Endangered Species Act to the Service.
(i) To protect piping plovers, interior least terns, wood storks, and bald eagles, the following conservation
measures must be observed within any geographic area where Endangered Species Act protection
applies to these species:
(A) The discharge/use of firearms to kill or harass double-crested cormorants or use of other harassment
methods are allowed if the control activities occur more than 1,000 feet from active piping plover or
interior least tern nests or colonies; occur more than 1,500 feet from active wood stork nesting colonies,
more than 1,000 feet from active wood stork roost sites, and more than 750 feet from feeding wood
storks; or occur more than 750 feet from active bald eagle nests;
(B) Other control activities such as egg oiling, cervical dislocation, CO2asphyxiation, egg destruction, or
nest destruction are allowed if these activities occur more than 500 feet from active piping plover or
interior least tern nests or colonies; occur more than 1,500 feet from active wood stork nesting colonies,
more than 1,000 feet from active wood stork roost sites, and more than 750 feet from feeding wood
storks; or occur more than 750 feet from active bald eagle nests;
(C) To ensure adequate protection of piping plovers, any Agency or its agents who plan to implement
control activities that may affect areas designated as piping plover critical habitat in the Great Lakes
Region are to obtain prior approval from the appropriate Regional Director. Requests for approval of
activities in these areas must be submitted to the Regional Migratory Bird Permit Office. The Regional
Migratory Bird Permit Office will then coordinate with the Endangered Species Field Office staff to
assess whether the measures in paragraph (d)(8)(i)(B) of this section are adequate.
(ii) At their discretion, Agencies or their agents may contact the Regional Migratory Bird Permit Office to
request modification of the above measures. Such modification can occur only if the Regional Director
determines, on the basis of coordination between the Regional Migratory Bird Permit Office and the
Endangered Species Field Office, that the species listed in paragraph (d)(8)(i) of this section will not be
adversely affected.
(iii) If adverse effects are anticipated from the control activities in a geographical area where
Endangered Species Act protection applies to any of the four species listed in paragraph (d)(8)(i) of this

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section, either during the intra-Service coordination discussions described in paragraph (d)(8)(i)(C) of
this section or at any other time, the Regional Migratory Bird Permit Office will initiate consultation with
the Endangered Species Field Offices.
(9) Responsible Agencies must, before they initiate any control activities in a given year, provide a onetime written notice to the appropriate Service Regional Migratory Bird Permit Office indicating that they
intend to act under this order.
(i) Additionally, if any Agency plans a single control action that would individually, or a succession of
such actions that would cumulatively, kill more than 10 percent of the double-crested cormorants in a
breeding colony, it must first provide written notification to the appropriate Service Regional Migratory
Bird Permit Office. This letter must be received no later than 30 days in advance of the activity and must
provide:
(A) The location (indicating specific colonies, if applicable) of the proposed control activity;
(B) A description of the proposed control activity, specifying what public resources are being impacted,
how many birds are likely to be taken and what approximate percentage they are of total DCCOs
present, and which species of other birds are present; and
(C) Contact information for the person in charge of the control action.
(ii) The Regional Director may prevent any such activity by notifying the agency in writing if the Regional
Director deems the activity a threat to the long-term sustainability of double-crested cormorants or any
other migratory bird species.
(10) Persons operating under this order must keep records of all activities, including those of designated
agents, carried out under this order. On an annual basis, Agencies must provide the Service Regional
Migratory Bird Permit Office with a report detailing activities conducted under the authority of this order,
including:
(i) By date and location, a summary of the number of double-crested cormorants killed and/or number of
nests in which eggs were oiled;
(ii) A statement of efforts being made to minimize incidental take of nontarget species and a report of the
number and species of migratory birds involved in such take, if any;
(iii) A description of the impacts or anticipated impacts to public resources by double-crested cormorants
and a statement of the management objectives for the area in question;
(iv) A description of the evidence supporting the conclusion that double-crested cormorants are causing
or will cause these impacts;
(v) A discussion of other limiting factors affecting the resource (e.g., biological, environmental, and
socioeconomic); and
(vi) A discussion of how control efforts are expected to, or actually did, alleviate resource impacts.
(11) Agencies must provide annual reports to the appropriate Service Regional Migratory Bird Permit
Office, as described in paragraph (d)(10) of this section, by December 31 for the reporting period
October 1 of the previous year to September 30 of the same year. For example, reports for the period
October 1, 2003, to September 30, 2004, would be due on or before December 31, 2004. The Service
will regularly review Agency reports and will periodically assess the overall impact of this program to
ensure compatibility with the long-term conservation of double-crested cormorants and other resources.
(12) In some situations, Agencies may deem it necessary to reduce or eliminate local breeding
populations of double-crested cormorants to reduce the occurrence of resource impacts.
(i) For such actions, Agencies must:

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(A) Comply with paragraph (d)(9) of this section;
(B) Carefully plan activities to avoid disturbance of nontarget species;
(C) Evaluate effects of management activities on cormorants at the control site;
(D) Evaluate, by means of collecting data or using best available information, effects of management
activities on the public resources being protected and on nontarget species; and
(E) Include this information in the report described in paragraph (d)(10) of this section.
(ii) Agencies may coordinate with the appropriate Service Regional Migratory Bird Permit Office in the
preparation of this information to attain technical or other assistance.
(13) We reserve the right to suspend or revoke the authority of any Agency, Tribe, or State Director
granted by this order if we find that the specified purpose, terms, and conditions have not been adhered
to or if the long-term sustainability of double-crested cormorant populations is threatened by the action
(s) of that Agency, Tribe, or State Director. The criteria and procedures for suspension, revocation,
reconsideration, and appeal are outlined in §§13.27 through 13.29 of this subchapter. For the purposes
of this section, “issuing officer” means the Regional Director and “permit” means the authority to act
under this depredation order. For purposes of §13.29(e), appeals shall be made to the Director.
(e) Does this section contain information collection requirements? Yes, the information collection
requirements in this section are approved by the Office of Management and Budget (OMB) under OMB
control number 1018–0121. Federal agencies may not conduct or sponsor, and you are not required to
respond to, a collection of information unless it displays a currently valid OMB control number.
(f) When does this depredation order expire? This depredation order will automatically expire on April
30, 2009, unless revoked or extended prior to that date.
[68 FR 58035, Oct. 8, 2003]

§ 21.49 Control order for resident Canada geese at airports and military airfields.
top
(a) Which Canada geese are covered by this order? This regulation addresses the control and
management of resident Canada geese, as defined in §21.3.
(b) What is the control order for resident Canada geese at airports, and what is its purpose? The airport
control order authorizes managers at commercial, public, and private airports (airports) (and their
employees or their agents) and military air operation facilities (military airfields) (and their employees or
their agents) to establish and implement a control and management program when necessary to resolve
or prevent threats to public safety from resident Canada geese. Control and management activities
include indirect and/or direct control strategies such as trapping and relocation, nest and egg
destruction, gosling and adult trapping and culling programs, or other lethal and non-lethal control
strategies.
(c) Who may participate in the program? To be designated as an airport that is authorized to participate
in this program, an airport must be part of the National Plan of Integrated Airport Systems and have
received Federal grant-in-aid assistance, or a military airfield, meaning an airfield or air station that is
under the jurisdiction, custody, or control of the Secretary of a military department. Only airports and
military airfields in the lower 48 States and the District of Columbia are eligible to conduct and implement
the various resident Canada goose control and management program components.
(d) What are the restrictions of the control order for resident Canada geese at airports and military
airfields? The airport control order for resident Canada geese is subject to the following restrictions:
(1) Airports and military airfields should use nonlethal goose management tools to the extent they deem

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appropriate. To minimize lethal take, airports and military airfields should follow this procedure:
(i) Assess the problem to determine its extent or magnitude, its impact on current operations, and the
appropriate control method to be used.
(ii) Base control methods on sound biological, environmental, social, and cultural factors.
(iii) Formulate appropriate methods into a control strategy that uses several control techniques rather
than relying on a single method.
(iv) Implement all appropriate nonlethal management techniques (such as harassment and habitat
modification) in conjunction with take authorized under this order.
(2)(i) Methods of take for the control of resident Canada geese are at the airport's and military airfield's
discretion from among the following:
(A) Egg oiling,
(B) Egg and nest destruction,
(C) Shooting,
(D) Lethal and live traps,
(E) Nets,
(F) Registered animal drugs, pesticides, and repellants,
(G) Cervical dislocation, and
(H) CO2asphyxiation.
(ii) Birds caught live may be euthanized or transported and relocated to another site approved by the
State or Tribal wildlife agency, if required.
(iii) All techniques used must be in accordance with other Federal, State, and local laws, and their use
must comply with any labeling restrictions.
(iv) Persons using shotguns must use nontoxic shot, as listed in §20.21(j) of this subchapter.
(v) Persons using egg oiling must use 100 percent corn oil, a substance exempted from regulation by
the U.S. Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide
Act.
(3) Airports and military airfields may conduct management and control activities, involving the take of
resident Canada geese, under this section between April 1 and September 15. The destruction of
resident Canada goose nests and eggs may take place between March 1 and June 30.
(4) Airports and military airfields and their employees and agents may possess, transport, and otherwise
dispose of resident Canada geese taken under this section. Disposal of birds taken under this order may
be by donation to public museums or public institutions for scientific or educational purposes, processing
for human consumption and subsequent distribution free of charge to charitable organizations, or burial
or incineration. Airports/military airfields, their employees, and designated agents may not sell, offer for
sale, barter, or ship for the purpose of sale or barter any resident Canada geese taken under this
section, nor their plumage or eggs. Any specimens needed for scientific purposes as determined by the
Regional Director must not be destroyed, and information on birds carrying metal leg bands must be
submitted to the Bird Banding Laboratory by means of a toll-free telephone number at 1–800–327–
BAND (or 2263).

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(5) Resident Canada geese may be taken only within a 3-mile radius of the airport or military airfield.
Airports and military airfields or their agents must first obtain all necessary authorizations from
landowners for all management activities conducted outside the airport or military airfield's boundaries
and be in compliance with all State and local laws and regulations.
(6) Nothing in this section authorizes the killing of resident Canada geese or destruction of their nests
and eggs contrary to the laws or regulations of any State or Tribe, and none of the privileges of this
section may be exercised unless the airport or military airfield possesses the appropriate State or Tribal
authorization or other permits required by the State or Tribe. Moreover, this section does not authorize
the killing of any migratory bird species or destruction of their nest or eggs other than resident Canada
geese.
(7) Authorized airports and military airfields, and their employees and agents operating under the
provisions of this section may not use decoys, calls, or other devices to lure birds within gun range.
(8) Airports and military airfields exercising the privileges granted by this section must submit an annual
report summarizing activities, including the date and numbers and location of birds, nests, and eggs
taken, by December 31 of each year to the Regional Migratory Bird Permit Office listed in §2.2 of this
subchapter.
(9) Nothing in this section applies to any Federal land without written permission of the Federal agency
with jurisdiction.
(10) Airports and military airfields may not undertake any actions under this section if the activities
adversely affect other migratory birds or species designated as endangered or threatened under the
authority of the Endangered Species Act. Persons operating under this order must immediately report
the take of any species protected under the Endangered Species Act to the Service. Further, to protect
certain species from being adversely affected by management actions, airports and military airfields
must:
(i) Follow the Federal-State Contingency Plan for the whooping crane;
(ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest;
(iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all
management activities;
(iv) Contact the Arizona Ecological Services Office (for the Colorado River and Arizona sites) or the
Carlsbad Fish and Wildlife Office (for Salton Sea sites) if control activities are proposed in or around
occupied habitats (cattail or cattail bulrush marshes) to discuss the proposed activity and ensure that
implementation will not adversely affect clapper rails or their habitats; and
(v) In California, any control activities of resident Canada geese in areas used by the following species
listed under the Endangered Species Act must be done in coordination with the appropriate local FWS
field office and in accordance with standard local operating procedures for avoiding adverse effects to
the species or its critical habitat:
(A) Birds: Light-footed clapper rail, California clapper rail, Yuma clapper rail, California least tern,
southwestern willow flycatcher, least Bell's vireo, western snowy plover, California gnatcatcher.
(B) Amphibians: California red-legged frog and California tiger salamander.
(C) Insects: Valley elderberry longhorn beetle and delta green ground beetle.
(D) Crustaceans: Vernal pool fairy shrimp, conservancy fairy shrimp, longhorn fairy shrimp, vernal pool
tadpole shrimp, San Diego fairy shrimp, and Riverside fairy shrimp.
(E) Plants: Butte County meadowfoam, large-flowered wooly meadowfoam, Cook's lomatium, Contra
Costa goldfields, Hoover's spurge, fleshy owl's clover, Colusa grass, hairy Orcutt grass, Solano grass,
Greene's tuctoria, Sacramento Valley Orcutt grass, San Joaquin Valley Orcutt grass, slender Orcutt

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grass, California Orcutt grass, spreading navarretia, and San Jacinto Valley crownscale.
(e) Can the control order be suspended? We reserve the right to suspend or revoke an airport's or
military airfield's authority under this control order if we find that the terms and conditions specified in the
control order have not been adhered to by that airport or military airfield. Final decisions to revoke
authority will be made by the appropriate Regional Director. The criteria and procedures for suspension,
revocation, reconsideration, and appeal are outlined in §§13.27 through 13.29 of this subchapter. For
the purposes of this section, “issuing officer” means the Regional Director and “permit” means the
authority to act under this control order. For purposes of §13.29(e), appeals must be made to the
Director.
(f) Has the Office of Management and Budget (OMB) approved the information collection requirements
of the control order? OMB has approved the information collection and recordkeeping requirements of
the control order under OMB control number 1018–0133. We may not conduct or sponsor, and you are
not required to respond to, a collection of information unless it displays a currently valid OMB control
number. You may send comments on the information collection and recordkeeping requirements to the
Service's Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 222—ARLSQ,
1849 C Street NW., Washington, DC 20240.
[71 FR 45986, Aug. 10, 2006]

§ 21.50 Depredation order for resident Canada geese nests and eggs.
top
(a) Which Canada geese are covered by this order? This regulation addresses the control and
management of resident Canada geese, as defined in §21.3.
(b) What is the depredation order for resident Canada geese nests and eggs, and what is its purpose?
The nest and egg depredation order for resident Canada geese authorizes private landowners and
managers of public lands (landowners) (and their employees or their agents) to destroy resident Canada
goose nests and eggs on property under their jurisdiction when necessary to resolve or prevent injury to
people, property, agricultural crops, or other interests.
(c) Who may participate in the depredation order? Only landowners (and their employees or their
agents) in the lower 48 States and the District of Columbia are eligible to implement the resident Canada
goose nest and egg depredation order.
(d) What are the restrictions of the depredation order for resident Canada goose nests and eggs? The
resident Canada goose nest and egg depredation order is subject to the following restrictions:
(1) Before any management actions can be taken, landowners must register with the Service at
http://www.fws.gov/permits/mbpermits/gooseeggregistration.html . Landowners must also register each
employee or agent working on their behalf. Once registered, landowners or their agents will be
authorized to act under the depredation order.
(2) Landowners authorized to operate under the depredation order must use nonlethal goose
management techniques to the extent they deem appropriate in an effort to minimize take.
(3) Methods of nest destruction or take are at the landowner's discretion from among the following:
(i) Egg oiling, using 100 percent corn oil, a substance exempted from regulation by the U.S.
Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act, and
(ii) Removal and disposal of eggs and nest material.
(4) Landowners authorized to operate under the depredation order may conduct resident Canada goose
nest and egg destruction activities between March 1 and June 30.

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(5) Landowners authorized to operate under the depredation order may possess, transport, and dispose
of resident Canada goose nests and eggs taken under this section. Landowners authorized to operate
under the program may not sell, offer for sale, barter, or ship for the purpose of sale or barter any
resident Canada goose nest or egg taken under this section.
(6) Landowners exercising the privileges granted by this section must complete an annual report
summarizing activities, including the date, numbers, and location of nests and eggs taken by October 31
of each year at http://www.fws.gov/permits/mbpermits/gooseeggregistration/report.html before any
subsequent registration for the following year.
(7) Nothing in this section authorizes the destruction of resident Canada goose nests or the take of
resident Canada goose eggs contrary to the laws or regulations of any State or Tribe, and none of the
privileges of this section may be exercised unless the landowner is authorized to operate under the
program and possesses the appropriate State or Tribal permits, when required. Moreover, this section
does not authorize the killing of any migratory bird species or destruction of their nest or eggs other than
resident Canada geese.
(8) Landowners may not undertake any actions under this section if the activities adversely affect other
migratory birds or species designated as endangered or threatened under the authority of the
Endangered Species Act. Persons operating under this order must immediately report the take of any
species protected under the Endangered Species Act to the Service. Further, to protect certain species
from being adversely affected by management actions, landowners must:
(i) Follow the Federal-State Contingency Plan for the whooping crane;
(ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest;
(iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all
management activities;
(iv) Contact the Arizona Ecological Services Office (for the Colorado River and Arizona sites) or the
Carlsbad Fish and Wildlife Office (for Salton Sea sites) if control activities are proposed in or around
occupied habitats (cattail or cattail bulrush marshes) to discuss the proposed activity and ensure that
implementation will not adversely affect clapper rails or their habitats; and
(v) In California, any control activities of resident Canada geese in areas used by the following species
listed under the Endangered Species Act must be done in coordination with the appropriate local FWS
field office and in accordance with standard local operating procedures for avoiding adverse effects to
the species or its critical habitat:
(A) Birds: Light-footed clapper rail, California clapper rail, Yuma clapper rail, California least tern,
southwestern willow flycatcher, least Bell's vireo, western snowy plover, California gnatcatcher.
(B) Amphibians: California red-legged frog and California tiger salamander.
(C) Insects: Valley elderberry longhorn beetle and delta green ground beetle.
(D) Crustaceans: Vernal pool fairy shrimp, conservancy fairy shrimp, longhorn fairy shrimp, vernal pool
tadpole shrimp, San Diego fairy shrimp, and Riverside fairy shrimp.
(E) Plants: Butte County meadowfoam, large-flowered wooly meadowfoam, Cook's lomatium, Contra
Costa goldfields, Hoover's spurge, fleshy owl's clover, Colusa grass, hairy Orcutt grass, Solano grass,
Greene's tuctoria, Sacramento Valley Orcutt grass, San Joaquin Valley Orcutt grass, slender Orcutt
grass, California Orcutt grass, spreading navarretia, and San Jacinto Valley crownscale.
(e) Can the depredation order be suspended? We reserve the right to suspend or revoke this
authorization for a particular landowner if we find that the landowner has not adhered to the terms and
conditions specified in the depredation order. Final decisions to revoke authority will be made by the
appropriate Regional Director. The criteria and procedures for suspension, revocation, reconsideration,
and appeal are outlined in §§13.27 through 13.29 of this subchapter. For the purposes of this section,
“issuing officer” means the Regional Director and “permit” means the authority to act under this

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depredation order. For purposes of §13.29(e), appeals must be made to the Director. Additionally, at
such time that we determine that resident Canada goose populations no longer need to be reduced in
order to resolve or prevent injury to people, property, agricultural crops, or other interests, we may
choose to terminate part or all of the depredation order by subsequent regulation. In all cases, we will
annually review the necessity and effectiveness of the depredation order.
(f) Has the Office of Management and Budget (OMB) approved the information collection requirements
of the depredation order? OMB has approved the information collection and recordkeeping requirements
of the depredation order under OMB control number 1018–0133. We may not conduct or sponsor, and
you are not required to respond to, a collection of information unless it displays a currently valid OMB
control number. You may send comments on the information collection and recordkeeping requirements
to the Service's Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 222—
ARLSQ, 1849 C Street NW., Washington, DC 20240.
[71 FR 45988, Aug. 10, 2006]

§ 21.51 Depredation order for resident Canada geese at agricultural facilities.
top
(a) Which Canada geese are covered by this order? This regulation addresses the control and
management of resident Canada geese, as defined in §21.3.
(b) What is the depredation order for resident Canada geese at agricultural facilities, and what is its
purpose? The depredation order for resident Canada geese at agricultural facilities authorizes States
and Tribes, via the State or Tribal wildlife agency, to implement a program to allow landowners,
operators, and tenants actively engaged in commercial agriculture (agricultural producers) (or their
employees or agents) to conduct direct damage management actions such as nest and egg destruction,
gosling and adult trapping and culling programs, or other lethal and non-lethal wildlife-damage
management strategies on resident Canada geese when the geese are committing depredations to
agricultural crops and when necessary to resolve or prevent injury to agricultural crops or other
agricultural interests from resident Canada geese.
(c) Who may participate in the depredation order? State and Tribal wildlife agencies in the following
States may authorize agricultural producers (or their employees or agents) to conduct and implement
various components of the depredation order at agricultural facilities in the Atlantic, Central, and
Mississippi Flyway portions of these States: Alabama, Arkansas, Colorado, Connecticut, Delaware,
Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New
Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South
Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.
(d) What are the restrictions of the depredation order for resident Canada geese at agricultural facilities?
The depredation order for resident Canada geese at agricultural facilities is subject to the following
restrictions:
(1) Only landowners, operators, and tenants (or their employees or agents) actively engaged in
commercial activities (agricultural producers) so designated by the States may act under this order.
(2) Authorized agricultural producers should use nonlethal goose management tools to the extent they
deem appropriate. To minimize lethal take, agricultural producers should adhere to the following
procedure:
(i) Assess the problem to determine its extent or magnitude, its impact to current operations, and the
appropriate control method to be used.
(ii) Base control methods on sound biological, environmental, social, and cultural factors.
(iii) Formulate appropriate methods into a control strategy that uses the approach/concept that
encourages the use of several control techniques rather than relying on a single method.

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(iv) Implement all appropriate nonlethal management techniques (such as harassment and habitat
modification) in conjunction with take authorized under this order.
(3)(i) Methods of take for the control of resident Canada geese are at the State's or Tribe's discretion
among the following:
(A) Egg oiling,
(B) Egg and nest destruction,
(C) Shotguns,
(D) Lethal and live traps,
(E) Nets,
(F) Registered animal drugs, pesticides, and repellants,
(G) Cervical dislocation, and
(H) CO2asphyxiation.
(ii) Birds caught live may be euthanized or transported and relocated to another site approved by the
State or Tribal wildlife agency, if required.
(iii) All techniques used must be in accordance with other Federal, State, Tribal, and local laws, and their
use must comply with any labeling restrictions.
(iv) Persons using shotguns must use nontoxic shot, as listed in §20.21(j) of this subchapter.
(v) Persons using egg oiling must use 100 percent corn oil, a substance exempted from regulation by
the U.S. Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide
Act.
(4) Authorized agricultural producers and their employees and agents may conduct management and
control activities, involving the take of resident Canada geese, under this section between May 1 and
August 31. The destruction of resident Canada goose nests and eggs may take place between March 1
and June 30.
(5) Authorized agricultural producers and their employees and agents may possess, transport, and
otherwise dispose of resident Canada geese taken under this section. Disposal of birds taken under this
order may be by donation to public museums or public institutions for scientific or educational purposes,
processing for human consumption and subsequent distribution free of charge to charitable
organizations, or burial or incineration. Agricultural producers, their employees, and designated agents
may not sell, offer for sale, barter, or ship for the purpose of sale or barter any resident Canada geese
taken under this section, nor their plumage or eggs. Any specimens needed for scientific purposes as
determined by the Director must not be destroyed, and information on birds carrying metal leg bands
must be submitted to the Bird Banding Laboratory by means of a toll-free telephone number at 1–800–
327–BAND (or 2263).
(6) Resident Canada geese may be taken only on land which an authorized agricultural producer
personally controls and where geese are committing depredations to agricultural crops.
(7) Authorized agricultural producers, and their employees and agents, operating under the provisions of
this section may not use decoys, calls, or other devices to lure birds within gun range.
(8) Any authorized agricultural producer exercising the privileges of this section must keep and maintain
a log that indicates the date and number of birds killed and the date and number of nests and eggs
taken under this authorization. The log must be maintained for a period of 3 years (and records for 3

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previous years of takings must be maintained at all times thereafter). The log and any related records
must be made available to Federal, State, or Tribal wildlife enforcement officers upon request during
normal business hours.
(9) Nothing in this section authorizes the killing of resident Canada geese or the destruction of their
nests and eggs contrary to the laws or regulations of any State or Tribe, and none of the privileges of
this section may be exercised unless the agricultural producer possesses the appropriate State or Tribal
permits, when required. Moreover, this regulation does not authorize the killing of any migratory bird
species or destruction of their nests or eggs other than resident Canada geese.
(10) States and Tribes exercising the privileges granted by this section must submit an annual report
summarizing activities, including the numbers and County of birds, nests, and eggs taken, by December
31 of each year to the Regional Migratory Bird Permit Office listed in §2.2 of this subchapter.
(11) Nothing in this section applies to any Federal land without written permission of the Federal agency
with jurisdiction.
(12) Authorized agricultural producers may not undertake any actions under this section if the activities
adversely affect other migratory birds or species designated as endangered or threatened under the
authority of the Endangered Species Act. Persons operating under this order must immediately report
the take of any species protected under the Endangered Species Act to the Service. Further, to protect
certain species from being adversely affected by management actions, agricultural producers must:
(i) Follow the Federal-State Contingency Plan for the whooping crane;
(ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest; and
(iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all
management activities.
(e) Can the depredation order be suspended? We reserve the right to suspend or revoke a State, Tribal,
or agricultural producer's authority under this program if we find that the terms and conditions specified
in the depredation order have not been adhered to by that State or Tribe. Final decisions to revoke
authority will be made by the appropriate Regional Director. The criteria and procedures for suspension,
revocation, reconsideration, and appeal are outlined in §§13.27 through 13.29 of this subchapter. For
the purposes of this section, “issuing officer” means the Regional Director and “permit” means the
authority to act under this depredation order. For purposes of §13.29(e), appeals must be made to the
Director. Additionally, at such time that we determine that resident Canada geese populations no longer
pose a threat to agricultural crops or no longer need to be reduced in order to resolve or prevent injury to
agricultural crops or other agricultural interests, we may choose to terminate part or all of the
depredation order by subsequent regulation. In all cases, we will annually review the necessity and
effectiveness of the depredation order.
(f) Has the Office of Management and Budget (OMB) approved the information collection requirements
of the depredation order? OMB has approved the information collection and recordkeeping requirements
of the depredation order under OMB control number 1018–0133. We may not conduct or sponsor, and
you are not required to respond to, a collection of information unless it displays a currently valid OMB
control number. You may send comments on the information collection and recordkeeping requirements
to the Service's Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 222–
ARLSQ, 1849 C Street, NW., Washington, DC 20240.
[71 FR 45989, Aug. 10, 2006]

§ 21.52 Public health control order for resident Canada geese.
top
(a) Which Canada geese are covered by this order? This regulation addresses the control and
management of resident Canada geese, as defined in §21.3.

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(b) What is the public health control order for resident Canada geese, and what is its purpose? The
public health control order for resident Canada geese authorizes States, Tribes, and the District of
Columbia, via the State or Tribal wildlife agency, to conduct resident Canada goose control and
management activities including direct control strategies such as trapping and relocation, nest and egg
destruction, gosling and adult trapping and culling programs, or other lethal and non-lethal wildlife
damage-management strategies when resident Canada geese are posing a direct threat to human
health.
(c) What is a direct threat to human health? A direct threat to human health is one where a Federal,
State, Tribal, or local public health agency has determined that resident Canada geese pose a specific,
immediate human health threat by creating conditions conducive to the transmission of human or
zoonotic pathogens. The State or Tribe may not use this control order for situations in which resident
Canada geese are merely causing a nuisance.
(d) Who may participate in the program? Only State and Tribal wildlife agencies in the lower 48 States
and the District of Columbia (or their employees or agents) may conduct and implement the various
components of the public health control order for resident Canada geese.
(e) What are the restrictions of the public health depredation order for resident Canada geese? The
public health control order for resident Canada geese is subject to the following restrictions:
(1) Authorized State and Tribal wildlife agencies should use nonlethal goose management tools to the
extent they deem appropriate.
(2)(i) Methods of take for the control of resident Canada geese are at the State's and Tribe's discretion
from among the following:
(A) Egg oiling,
(B) Egg and nest destruction,
(C) Shotguns,
(D) Lethal and live traps,
(E) Nets,
(F) Registered animal drugs, pesticides, and repellants,
(G) Cervical dislocation, and
(H) CO2asphyxiation.
(ii) Birds caught live may be euthanized or transported and relocated to another site approved by the
State or Tribal wildlife agency, if required.
(iii) All techniques used must be in accordance with other Federal, State, Tribal, and local laws, and their
use must comply with any labeling restrictions.
(iv) Persons using shotguns must use nontoxic shot, as listed in §20.21(j) of this subchapter.
(v) Persons using egg oiling must use 100 percent corn oil, a substance exempted from regulation by
the U.S. Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide
Act.
(3) Authorized State and Tribal wildlife agencies and their employees and agents may conduct
management and control activities, involving the take of resident Canada geese, under this section
between April 1 and August 31. The destruction of resident Canada goose nests and eggs may take
place between March 1 and June 30.

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(4) Authorized State and Tribal wildlife agencies and their employees and agents may possess,
transport, and otherwise dispose of resident Canada geese taken under this section. Disposal of birds
taken under this order may be by donation to public museums or public institutions for scientific or
educational purposes, processing for human consumption and subsequent distribution free of charge to
charitable organizations, or burial or incineration. States, their employees, and designated agents may
not sell, offer for sale, barter, or ship for the purpose of sale or barter any resident Canada geese taken
under this section, nor their plumage or eggs. Any specimens needed for scientific purposes as
determined by the Regional Director must not be destroyed, and information on birds carrying metal leg
bands must be submitted to the Bird Banding Laboratory by means of a toll-free telephone number at 1–
800–327–BAND (or 2263).
(5) Resident Canada geese may be taken only within the specified area of the direct threat to human
health.
(6) Authorized State and Tribal wildlife agencies, and their employees and agents operating under the
provisions of this section may not use decoys, calls, or other devices to lure birds within gun range.
(7) No person conducting activities under this section should construe the program as authorizing the
killing of resident Canada geese or destruction of their nests and eggs contrary to any State law or
regulation, nor may any control activities be conducted on any Federal land without specific
authorization by the responsible management agency. No person may exercise the privileges granted
under this section unless they possess any permits required for such activities by any State or Federal
land manager.
(8) Any State or Tribal employee or designated agent authorized to carry out activities under this section
must have a copy of the State's or Tribal authorization and designation in their possession when
carrying out any activities. If the State or Tribe is conducting operations on private property, the State or
Tribe must also require the property owner or occupant on whose premises resident Canada goose
activities are being conducted to allow, at all reasonable times, including during actual operations, free
and unrestricted access to any Service special agent or refuge officer, State or Tribal wildlife or deputy
wildlife agent, warden, protector, or other wildlife law enforcement officer on the premises where they
are, or were, conducting activities. Furthermore, any State or Tribal employee or designated agent
conducting such activities must promptly furnish whatever information is required concerning such
activities to any such wildlife officer.
(9) States and Tribes exercising the privileges granted by this section must submit an annual report
summarizing activities, including the numbers and County of birds taken, by December 31 of each year
to the Regional Migratory Bird Permit Office listed in §2.2 of this subchapter.
(10) Authorized State and Tribal wildlife agencies may not undertake any actions under this section if the
activities adversely affect other migratory birds or species designated as endangered or threatened
under the authority of the Endangered Species Act. Persons operating under this order must
immediately report the take of any species protected under the Endangered Species Act to the Service.
Further, to protect certain species from being adversely affected by management actions, State and
Tribal wildlife agencies must:
(i) Follow the Federal-State Contingency Plan for the whooping crane;
(ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest;
(iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all
management activities;
(iv) Contact the Arizona Fish and Wildlife Service Ecological Services Office (for the Colorado River and
Arizona sites) or the Carlsbad Fish and Wildlife Office (for Salton Sea sites) if control activities are
proposed in or around occupied habitats (cattail or cattail bulrush marshes) to discuss the proposed
activity and ensure that implementation will not adversely affect clapper rails or their habitats; and
(v) In California, any control activities of resident Canada geese in areas used by the following species
listed under the Endangered Species Act must be done in coordination with the appropriate local FWS
field office and in accordance with standard local operating procedures for avoiding adverse effects to
the species or its critical habitat:

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(A) Birds: Light-footed clapper rail, California clapper rail, Yuma clapper rail, California least tern,
southwestern willow flycatcher, least Bell's vireo, western snowy plover, California gnatcatcher.
(B) Amphibians: California red-legged frog and California tiger salamander.
(C) Insects: Valley elderberry longhorn beetle and delta green ground beetle.
(D) Crustaceans: Vernal pool fairy shrimp, conservancy fairy shrimp, longhorn fairy shrimp, vernal pool
tadpole shrimp, San Diego fairy shrimp, and Riverside fairy shrimp.
(E) Plants: Butte County meadowfoam, large-flowered wooly meadowfoam, Cook's lomatium, Contra
Costa goldfields, Hoover's spurge, fleshy owl's clover, Colusa grass, hairy Orcutt grass, Solano grass,
Greene's tuctoria, Sacramento Valley Orcutt grass, San Joaquin Valley Orcutt grass, slender Orcutt
grass, California Orcutt grass, spreading navarretia, and San Jacinto Valley crownscale.
(f) Can the control order be suspended? We reserve the right to suspend or revoke a State's or Tribe's
authority under this program if we find that the terms and conditions specified in the depredation order
have not been adhered to by that agency. Final decisions to revoke authority will be made by the
appropriate Regional Director. The criteria and procedures for suspension, revocation, reconsideration,
and appeal are outlined in §§13.27 through 13.29 of this subchapter. For the purposes of this section,
“issuing officer” means the Regional Director and “permit” means the authority to act under this control
order. For purposes of §13.29(e), appeals must be made to the Director. Additionally, at such time that
we determine that resident Canada geese populations no longer pose direct threats to human health, we
may choose to terminate part or all of the control order by subsequent regulation. In all cases, we will
annually review the necessity and effectiveness of the control order.
(g) Has the Office of Management and Budget (OMB) approved the information collection requirements
of the control order? OMB has approved the information collection and recordkeeping requirements of
the control order under OMB control number 1018–0133. We may not conduct or sponsor, and you are
not required to respond to, a collection of information unless it displays a currently valid OMB control
number. You may send comments on the information collection and recordkeeping requirements to the
Service's Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 222–ARLSQ,
1849 C Street, NW., Washington, DC 20240.
[71 FR 45990, Aug. 10, 2006]

Subpart E—Control of Overabundant Migratory Bird Populations
top

§ 21.60 Conservation order for mid-continent light geese.
top
(a) Which waterfowl species are covered by this order? This conservation order addresses management
of lesser snow ( Anser c. caerulescens ) and Ross' ( Anser rossii ) geese that breed, migrate, and winter
in the mid-continent portion of North America, primarily in the Central and Mississippi Flyways (midcontinent light geese).
(b) In what areas can the conservation order be implemented? (1) The following States, or portions of
States, that are contained within the boundaries of the Central and Mississippi Flyways: Alabama,
Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota,
Tennessee, Texas, Wisconsin, and Wyoming.
(2) Tribal lands within the geographic boundaries in paragraph (b)(1) of this section.
(3) The following areas within the boundaries in paragraph (b)(1) of this section are closed to the
conservation order after 10 March of each year: Monte Vista National Wildlife Refuge (CO); Bosque del

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Apache National Wildlife Refuge (NM); the area within 5 miles of the Platte River from Lexington,
Nebraska to Grand Island, Nebraska; the following area in and around Aransas National Wildlife Refuge;
those portions of Refugio, Calhoun, and Aransas counties that lie inside a line extending from 5 nautical
miles offshore to and including Pelican Island, thence to Port O'Conner, thence northwest along State
Highway 185 and southwest along State Highway 35 to Aransas Pass, thence southeast along State
Highway 361 to Port Aransas, thence east along the Corpus Christi Channel, thence southeast along
the Aransas Channel, extending to 5 nautical miles offshore; except that it is lawful to take mid-continent
light geese after 10 March of each year within the Guadalupe WMA. If at any time we receive evidence
that a need to close the areas in this paragraph (b)(3) no longer exists, we will publish a proposal to
remove the closures in theFederal Register.
(c) What is required in order for State/Tribal governments to participate in the conservation order? Any
State or Tribal government responsible for the management of wildlife and migratory birds may, without
permit, kill or cause to be killed under its general supervision, mid-continent light geese under the
following conditions:
(1) Activities conducted under this section may not affect endangered or threatened species as
designated under the Endangered Species Act.
(2) Control activities must be conducted clearly as such and are intended to relieve pressures on
migratory birds and habitat essential to migratory bird populations only and are not to be construed as
opening, re-opening, or extending any open hunting season contrary to any regulations promulgated
under section 3 of the Migratory Bird Treaty Act.
(3) Control activities may be conducted only when all waterfowl and crane hunting seasons, excluding
falconry, are closed.
(4) Control measures employed through this section may be implemented only between the hours of
one-half hour before sunrise to one-half hour after sunset.
(5) Nothing in this section may limit or initiate management actions on Federal land without concurrence
of the Federal Agency with jurisdiction.
(6) States and Tribes must designate participants who must operate under the conditions of this section.
(7) States and Tribes must inform participants of the requirements/conditions of this section that apply.
(8) States and Tribes must keep records of activities carried out under the authority of this section,
including the number of mid-continent light geese taken under this section, the methods by which they
were taken, and the dates they were taken. The States and Tribes must submit an annual report
summarizing activities conducted under this section on or before August 30 of each year, to the Chief,
Division of Migratory Bird Management, U.S. Fish and Wildlife Service, ms 634—ARLSQ, 1849 C Street
NW., Washington, DC 20240.
(d) What is required in order for individuals to participate in the conservation order? Individual
participants in State or tribal programs covered by this section are required to comply with the following
requirements:
(1) Nothing in this section authorizes the take of mid-continent light geese contrary to any State or Tribal
laws or regulations; and none of the privileges granted under this section may be exercised unless
persons acting under the authority of the conservation order possesses whatever permit or other
authorization(s) required for such activities by the State or Tribal government concerned.
(2) Participants who take mid-continent light geese under this section may not sell or offer for sale those
birds nor their plumage, but may possess, transport, and otherwise properly use them.
(3) Participants acting under the authority of this section must permit at all reasonable times, including
during actual operations, any Federal or State game or deputy game agent, warden, protector, or other
game law enforcement officer free and unrestricted access over the premises on which such operations
have been or are being conducted, and must promptly furnish whatever information an officer requires
concerning the operation.

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(4) Participants acting under the authority of this section may take mid-continent light geese by any
method except those prohibited as follows:
(i) With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun,
machine gun, fish hook, poison, drug, explosive, or stupefying substance;
(ii) From or by means, aid, or use of a sinkbox or any other type of low floating device, having a
depression affording the person a means of concealment beneath the surface of the water;
(iii) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any
kind, except that paraplegics and persons missing one or both legs may take from any stationary motor
vehicle or stationary motor-driven land conveyance;
(iv) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless
the motor has been completely shut off and the sails furled, and its progress therefrom has ceased. A
craft under power may be used only to retrieve dead or crippled birds; however, the craft may not be
used under power to shoot any crippled birds;
(v) By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this
paragraph for any person to take mid-continent light geese on an area where tame or captive live geese
are present unless such birds are and have been for a period of 10 consecutive days before the taking,
confined within an enclosure that substantially reduces the audibility of their calls and totally conceals
the birds from the sight of mid-continent light geese;
(vi) By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the
purpose of or resulting in the concentrating, driving, rallying, or stirring up of mid-continent light geese;
(vii) By the aid of baiting, or on or over any baited area. As used in this paragraph, “baiting” means the
placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat
or other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on,
or over any areas where hunters are attempting to take them; and “baited area” means any area where
shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed capable of luring,
attracting, or enticing such birds is directly or indirectly placed, exposed, deposited, distributed, or
scattered; and such area shall remain a baited area for 10 days following complete removal of all such
corn, wheat or other grain, salt, or other feed. However, nothing in this paragraph prohibits the taking of
mid-continent light geese on or over standing crops, flooded standing crops (including aquatics), flooded
harvested croplands, grain crops properly shucked on the field where grown, or grains found scattered
solely as the result of normal agricultural planting or harvesting; or
(viii) Participants may not possess shot (either in shotshells or as loose shot for muzzleloading) other
than steel shot, or bismuth-tin, or other shots that are authorized in 50 CFR 20.21(j). Season limitations
in that section do not apply to participants acting under this order.
(e) Under what conditions would the conservation order be revoked? The Service will annually assess
the overall impact and effectiveness of the conservation order to ensure compatibility with long-term
conservation of this resource. If at any time we receive that clearly demonstrates a serious threat of
injury to the area or areas involved no longer exists, we will initiate action to revoke the conservation
order.
(f) Will information concerning the conservation order be collected? The information collection
requirements of the conservation order have been approved by OMB and assigned clearance number
1018–0103. Agencies may not conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB control number. The recordkeeping and
reporting requirements imposed under regulations established in this subpart E will be utilized to
administer this program, particularly in the assessment of impacts alternative regulatory strategies may
have on mid-continent light geese and other migratory bird populations. The information collected will be
required to authorize State and Tribal governments responsible for migratory bird management to take
mid-continent light geese within the guidelines provided by the Service.
[66 FR 32265, June 14, 2001]

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§ 21.61 Population control of resident Canada geese.
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(a) Which Canada geese are covered by this regulation? This regulation addresses the population
control of resident Canada geese, as defined in §21.3.
(b) What is the resident Canada goose population control program, and what is its purpose? The
resident Canada goose population control program is a managed take program implemented under the
authority of the Migratory Bird Treaty Act to reduce and stabilize resident Canada goose populations
when traditional and otherwise authorized management measures are unsuccessful, not feasible for
dealing with, or applicable, in preventing injury to property, agricultural crops, public health, and other
interests from resident Canada geese. The Director is authorized to allow States and Tribes to
implement a population control, or managed take, program to remedy these injuries. When authorized
by the Director, managed take allows additional methods of taking resident Canada geese, allows
shooting hours for resident Canada geese to extend to one-half hour after sunset, and removes daily
bag limits for resident Canada geese inside or outside the migratory bird hunting season frameworks as
described in this section. The intent of the program is to reduce resident Canada goose populations in
order to protect personal property and agricultural crops and other interests from injury and to resolve
potential concerns about human health. The management and control activities allowed or conducted
under the program are intended to relieve or prevent damage and injurious situations. No person should
construe this program as opening, reopening, or extending any hunting season contrary to any
regulations established under section 3 of the Migratory Bird Treaty Act.
(c) What areas are eligible to participate in the program? When approved by the Director, the State and
Tribal wildlife agencies of Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia,
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New
York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina,
South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming may
implement the resident Canada goose population control program components in the Atlantic, Central,
and Mississippi Flyway portions of these States.
(d) What is required in order for State governments to participate in a managed take program? Following
the conclusion of the first full operational year of §§21.49 through 21.52 of this part, any wildlife agency
from a State listed in 21.61(c) may request approval for the population control program. A request must
include a discussion of the State's or Tribe's efforts to address its injurious situations utilizing the
methods approved in this rule or a discussion of the reasons why the methods authorized by these rules
are not feasible for dealing with, or applicable to, the injurious situations that require further action.
Discussions should be detailed and provide the Service with a clear understanding of the injuries that
continue, why the authorized methods utilized have not worked, and why methods not utilized could not
effectuate resolution of the injuries. A State's request for approval may be for an area or areas smaller
than the entire State. Upon written approval by the Director, any State or Tribal government responsible
for the management of wildlife and migratory birds may, without permit, kill or cause to be killed under its
general supervision, resident Canada geese under the following conditions:
(1) Activities conducted under the managed take program may not affect endangered or threatened
species as designated under the Endangered Species Act.
(2) Control activities may be conducted under this section only between August 1 and August 30.
(3) Control measures employed through this section may be implemented only between the hours of
one-half hour before sunrise to one-half hour after sunset.
(4) Nothing in the program may limit or initiate management actions on Federal land without concurrence
of the Federal agency with jurisdiction.
(5) States and Tribes must designate participants who must operate under the conditions of the
managed take program.
(6) States and Tribes must inform participants of the requirements/conditions of the program that apply.

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(7) States and Tribes must keep annual records of activities carried out under the authority of the
program. Specifically, information must be collected on:
(i) The number of individuals participating in the program;
(ii) The number of days individuals participated in the program;
(iii) The total number of resident Canada geese shot and retrieved during the program; and
(iv) The number of resident Canada geese shot but not retrieved. The States and Tribes must submit an
annual report summarizing activities conducted under the program and an assessment of the
continuation of the injuries on or before June 1 of each year to the Chief, Division of Migratory Bird
Management, 4401 North Fairfax Drive, ms–MBSP–4107, Arlington, Virginia 22203.
(e) What is required for individuals to participate in the program? Individual participants in State and
Tribal programs covered by the managed take program must comply with the following requirements:
(1) Participants must comply with all applicable State and Tribal laws or regulations including possession
of whatever permit(s) or other authorization(s) may be required by the State or Tribal government
concerned.
(2) Participants who take resident Canada geese under the program may not sell or offer for sale those
birds or their plumage, but may possess, transport, and otherwise properly use them.
(3) Participants must permit at all reasonable times, including during actual operations, any Service
special agent or refuge officer, State or Tribal wildlife or deputy wildlife agent, warden, protector, or other
wildlife law enforcement officer free and unrestricted access over the premises on which such operations
have been or are being conducted and must promptly furnish whatever information an officer requires
concerning the operation.
(4) Participants may take resident Canada geese by any method except those prohibited as follows:
(i) With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun,
machine gun, fish hook, poison, drug, explosive, or stupefying substance.
(ii) From or by means, aid, or use of a sinkbox or any other type of low-floating device, having a
depression affording the person a means of concealment beneath the surface of the water.
(iii) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any
kind, except that paraplegic persons and persons missing one or both legs may take from any stationary
motor vehicle or stationary motor-driven land conveyance.
(iv) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless
the motor has been completely shut off and the sails furled, and its progress has ceased. A craft under
power may be used only to retrieve dead or crippled birds; however, the craft may not be used under
power to shoot any crippled birds.
(v) By the use or aid of live birds as decoys. No person may take resident Canada geese on an area
where tame or captive live geese are present unless such birds are, and have been for a period of 10
consecutive days before the taking, confined within an enclosure that substantially reduces the audibility
of their calls and totally conceals the birds from the sight of resident Canada geese.
(vi) By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the
purpose of or resulting in the concentrating, driving, rallying, or stirring up of resident Canada geese.
(vii) By the aid of baiting, or on or over any baited area, where a person knows or reasonably should
know that the area is or has been baited as described in §20.11(j) and (k) of this part. Resident Canada
geese may not be taken on or over lands or areas that are baited areas, and where grain or other feed
has been distributed or scattered solely as the result of manipulation of an agricultural crop or other feed
on the land where grown, or solely as the result of a normal agricultural operation as described in §20.11

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(h) and (l) of this part. However, nothing in this paragraph prohibits the taking of resident Canada geese
on or over the following lands or areas that are not otherwise baited areas:
(A) Standing crops or flooded standing crops (including aquatics); standing, flooded, or manipulated
natural vegetation; flooded harvested croplands; or lands or areas where seeds or grains have been
scattered solely as the result of a normal agricultural planting, harvesting, post-harvest manipulation or
normal soil stabilization practice as described in §20.11(g), (i), (l), and (m) of this part;
(B) From a blind or other place of concealment camouflaged with natural vegetation;
(C) From a blind or other place of concealment camouflaged with vegetation from agricultural crops, as
long as such camouflaging does not result in the exposing, depositing, distributing, or scattering of grain
or other feed; or
(D) Standing or flooded standing agricultural crops where grain is inadvertently scattered solely as a
result of a hunter entering or exiting a hunting area, placing decoys, or retrieving downed birds.
(E) Participants may not possess shot (either in shotshells or as loose shot for muzzleloading) other than
steel shot, bismuth-tin, tungsten-iron, tungsten-polymer, tungsten-matrix, tungsten-nickel iron, or other
shots that are authorized in §20.21(j) of this part.
(f) Under what conditions would we suspend the managed take program? Following authorization by the
Director, we will annually assess the overall impact and effectiveness of the program on resident
Canada goose populations to ensure compatibility with long-term conservation of this resource. If at any
time evidence is presented that clearly demonstrates that resident Canada geese populations no longer
need to be reduced in order to allow resolution or prevention of injury to people, property, agricultural
crops, or other interests, the Director, in writing, will suspend the program for the resident Canada goose
population in question. However, resumption of injuries caused by growth of the population and not
otherwise addressable by the methods available in part 21 may warrant reinstatement of such
regulations. A State must reapply for approval, including the same information and discussions noted in
21.61(d). Depending on the location of the injury or threat or injury, the Director, in writing, may suspend
or reinstate this authorization for one or more resident Canada goose populations, but not others.
(g) What population information is the State or Tribe required to collect concerning the resident Canada
goose managed take program? Participating States and Tribes must provide an annual estimate of the
breeding population and distribution of resident Canada geese in their State. The States and Tribes
must submit this estimate on or before August 1 of each year, to the Chief, Division of Migratory Bird
Management, 4401 N. Fairfax Dr., MBSP–4107, Arlington, Virginia 22203.
(h) What are the general program conditions and restrictions? The program is subject to the conditions
elsewhere in this section, and, unless otherwise specifically authorized, the following conditions:
(1) Nothing in this section applies to any Federal land within a State's or Tribe's boundaries without
written permission of the Federal agency with jurisdiction.
(2) States may not undertake any actions under this section if the activities adversely affect other
migratory birds or species designated as endangered or threatened under the authority of the
Endangered Species Act. Persons operating under this section must immediately report the take of any
species protected under the Endangered Species Act to the Service. Further, to protect certain species
from being adversely affected by management actions, States must:
(i) Follow the Federal State Contingency Plan for the whooping crane;
(ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest; and
(iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all
management activities.
(i) Has the Office of Management and Budget (OMB) approved the information collection requirements
of the program? OMB has approved the information collection and recordkeeping requirements of the
program under OMB control number 1018–0133. We may not conduct or sponsor, and you are not

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required to respond to, a collection of information unless it displays a currently valid OMB control
number. You may send comments on the information collection and recordkeeping requirements to the
Service's Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 222—ARLSQ,
1849 C Street, NW., Washington, DC 20240.
[71 FR 45992, Aug. 10, 2006]
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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations

Electronic Code of Federal Regulations (e-CFR)
e-CFR Data is current as of June 25, 2007
Title 50: Wildlife and Fisheries
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PART 22—EAGLE PERMITS

Section Contents

Subpart A—Introduction
§ 22.1
§ 22.2
§ 22.3
§ 22.4

What is the purpose of this part?
What activities does this part apply to?
What definitions do you need to know?
Information collection requirements.
Subpart B—General Requirements

§ 22.11 What is the relationship to other permit requirements?
§ 22.12 What activities are illegal?
Subpart C—Eagle Permits
§ 22.21
§ 22.22
§ 22.23
§ 22.24
§ 22.25

What are the requirements concerning scientific and exhibition purpose permits?
What are the requirements concerning permits for Indian religious purposes?
What are the requirements for permits to take depredating eagles?
Permits for falconry purposes.
What are the requirements concerning permits to take golden eagle nests?
Subpart D—Depredation Control Orders on Golden Eagles

§ 22.31 Golden eagle depredations control order on request of Governor of a State.
§ 22.32 Conditions and limitations on taking under depredation control order.

Authority: 16 U.S.C. 668a; 16 U.S.C. 703–712; 16 U.S.C. 1531–1544.
Source: 39 FR 1183, Jan. 4, 1974, unless otherwise noted.
Subpart A—Introduction
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§ 22.1 What is the purpose of this part?
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This part controls the taking, possession, and transportation within the United States of bald and golden
eagles for scientific, educational, and depredation control purposes and for the religious purposes of
American Indian tribes. This part also governs the transportation into or out of the United States of bald
and golden eagle parts for scientific, educational, and Indian religious purposes. The import, export,
purchase, sale, trade, or barter of bald and golden eagles, or their parts, nests, or eggs is prohibited.
[64 FR 50472, Sept. 17, 1999]

§ 22.2 What activities does this part apply to?
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(a)(1) You can possess or transport within the United States, without a Federal permit:
(i) Any live or dead bald eagles, or their parts, nests, or eggs that were lawfully acquired before June 8,
1940; and
(ii) Any live or dead golden eagles, or their parts, nests, or eggs that were lawfully acquired before
October 24, 1962.
(2) You may not transport into or out of the United States, import, export, purchase, sell, trade, barter, or
offer for purchase, sale, trade, or barter bald or golden eagles, or their parts, nests, or eggs of these
lawfully acquired pre-act birds. However, you may transport into or out of the United States any lawfully
acquired dead bald or golden eagles, their parts, nests, or dead eagles, if you acquire a permit issued
under §22.22 of this part.
(3) No exemption from any statute or regulation will apply to any offspring of these pre-act birds.
(4) You must mark all shipments containing bald or golden eagles, alive or dead, their parts, nests, or
eggs as directed in §14.81 of this subchapter. The markings must contain the name and address of the
person the shipment is going to, the name and address of the person the shipment is coming from, an
accurate list of contents by species, and the number of each species.
(b) The provisions in this part are in addition to, and are not in lieu of, other regulations of this
subchapter B which may require a permit or prescribe additional restrictions or conditions for the
importation, exportation, and interstate transportation of wildlife (see also part 13 of this subchapter).
[39 FR 1183, Jan. 4, 1974, as amended at 64 FR 50472, Sept. 17, 1999]

§ 22.3 What definitions do you need to know?
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Link to an amendment published at 72 FR 31139, June 5, 2007.
In addition to definitions contained in part 0 of this subchapter, and unless the context otherwise
requires, in this part 22:
Area nesting population means the number of pairs of golden eagles known to have a resting attempt
during the preceding 12 months within a 10-mile radius of a golden eagle nest.
Export for the purpose of this part does not include the transportation of any dead bald or golden eagles,
or their parts, nests, or dead eggs out of the United States when accompanied with a valid transportation
permit.
Golden eagle nest means any readily identifiable structure built, maintained or occupied by golden
eagles for propagation purposes.

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Import for the purpose of this part does not include the transportation of any dead bald or golden eagles,
or their parts, nests, or dead eggs into the United States when accompanied with a valid transportation
permit.
Inactive nest means a golden eagle nest that is not currently used by golden eagles as determined by
the absence of any adult, egg, or dependent young at the nest during the 10 days before the nest is
taken.
Nesting attempt means any activity by golden eagles involving egg laying and incubation as determined
by the presence of an egg attended by an adult, an adult in incubation posture, or other evidence
indicating recent use of a golden eagle nest for incubation of eggs or rearing of young.
Person means an individual, corporation, partnership, trust, association, or any other private entity, or
any officer, employee, agent, department, or instrumentality of any State or political subdivision of a
State.
Resource development or recovery includes, but is not limited to, mining, timbering, extracting oil,
natural gas and geothermal energy, construction of roads, dams, reservoirs, power plants, power
transmission lines, and pipelines, as well as facilities and access routes essential to these operations,
and reclamation following any of these operations.
Take includes also pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, or molest or
disturb.
Transportation into or out of the United States for the purpose of this part means that the permitted item
or items transported into or out of the United States do not change ownership at any time, they are not
transferred from one person to another in the pursuit of gain or profit, and they are transported into or
out of the United States for Indian religious purposes, or for scientific or exhibition purposes under the
conditions and during the time period specified on a transportation permit for the items.
[39 FR 1183, Jan. 4, 1974, as amended at 48 FR 57300, Dec. 29, 1983; 64 FR 50472, Sept. 17, 1999]

§ 22.4 Information collection requirements.
top
(a) The Office of Management and Budget approved the information collection requirements contained
in this part 22 under 44 U.S.C. 3507 and assigned OMB Control Number 1018–0022. The Service may
not conduct or sponsor, and you are not required to respond to, a collection of information unless it
displays a currently valid OMB control number. We are collecting this information to provide information
necessary to evaluate permit applications. We will use this information to review permit applications and
make decisions, according to criteria established in the Bald and Golden Eagle Protection Act and its
regulations, on the issuance, suspension, revocation, or denial of permits. You must respond to obtain or
retain a permit.
(b) We estimate the public reporting burden for these reporting requirements to vary from 1 to 4 hours
per response, with an average of 1 hour per response, including time for reviewing instructions,
gathering and maintaining data, and completing and reviewing the forms. Direct comments regarding the
burden estimate or any other aspect of these reporting requirements to the Service Information
Collection Control Officer, MS–222 ARLSQ, U.S. Fish and Wildlife Service, Washington, DC 20240, or
the Office of Management and Budget, Paperwork Reduction Project (1018–0022), Washington, DC
20603.
[63 FR 52637, Oct. 1, 1998]

Subpart B—General Requirements
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§ 22.11 What is the relationship to other permit requirements?
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You may not take, possess, or transport any bald eagle ( Haliaeetus leucocephalus ) or any golden
eagle ( Aquila chrysaetos ), or the parts, nests, or eggs of such birds, except as allowed by a valid
permit issued under this part, 50 CFR part 13, and/or 50 CFR part 21 as provided by §21.2, or
authorized under a depredation order issued under subpart D of this part. We will accept a single
application for a permit under this part and any other parts of this subchapter B if it includes all of the
information required for an application under each applicable part.
(a) You do not need a permit under parts 17 and 21 of this subchapter B for any activity permitted under
this part 22 with respect to bald or golden eagles or their parts, nests, or eggs.
(b) You must obtain a permit under part 21 of this subchapter for any activity that also involves migratory
birds other than bald and golden eagles, and a permit under part 17 of this subchapter for any activity
that also involves threatened or endangered species other than the bald eagle.
(c) If you are transporting dead bald or golden eagles, or their parts, nests, or dead eggs into or out of
the United States, you will also need a Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) permit under part 23 of this subchapter.
[64 FR 50472, Sept. 17, 1999, as amended at 68 FR 61140, Oct. 27, 2003]

§ 22.12 What activities are illegal?
top
(a) You may not sell, purchase, barter, trade, import, or export, or offer for sale, purchase, barter, or
trade, at any time or in any manner, any bald eagle ( Haliaeetus leucocephalus ), or any golden eagle
( Aquila chrysaetos ), or the parts, nests, or eggs of these birds, and we will not issue a permit to
authorize these acts.
(b) You may not transport into or out of the United States any live bald or golden eagle, or any live egg
of those birds, and we will not issue a permit to authorize these acts.
[64 FR 50472, Sept. 17, 1999]

Subpart C—Eagle Permits
top

§ 22.21 What are the requirements concerning scientific and exhibition purpose
permits?
top
We may, under the provisions of this section, issue a permit authorizing the taking, possession,
transportation within the United States, or transportation into or out of the United States of lawfully
possessed bald eagles or golden eagles, or their parts, nests, or eggs for the scientific or exhibition
purposes of public museums, public scientific societies, or public zoological parks. We will not issue a
permit under this section that authorizes the transportation into or out of the United States of any live
bald or golden eagles, or any live eggs of these birds.
(a) How do I apply if I want a permit for scientific and exhibition purposes? (1) You must submit
applications for permits to take, possess, or transport within the United States lawfully acquired live or

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dead bald or golden eagles, or their parts, nests, or live or dead eggs for scientific or exhibition purposes
to the appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find addresses for
the Regional Directors in 50 CFR 2.2.
(2) If you want a permit to transport into or out of the United States any lawfully acquired dead bald or
golden eagles or their parts, nests, or dead eggs for scientific or exhibition purposes, you must submit
your application to the Office of Management Authority. Your application must contain all the information
necessary for the issuance of a CITES permit. You must also comply with all the requirements in part 23
of this subchapter before international travel. Mail should be addressed to: Office of Management
Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 700, Arlington, VA, 22203.
(3) Your application for any permit under this section must also contain the information required under
this section, §13.12(a) of this subchapter, and the following information:
(i) Species of eagle and number of such birds, nests, or eggs proposed to be taken, possessed, or
transported;
(ii) Specific locality in which taking is proposed, if any;
(iii) Method taking proposed, if any;
(iv) If not taken, the source of eagles and other circumstances surrounding the proposed acquisition or
transportation;
(v) Name and address of the public museum, public scientific societies, or public zoological park for
which they are intended;
(vi) Complete explanation and justification of request, nature of project or study, number of specimens
now at institution, reason these are inadequate, and other appropriate explanations.
(b) What are the conditions? In addition to the general conditions in part 13 of this subchapter B, permits
to take, possess, transport within the United States, or transport into or out of the United States bald or
golden eagles, or their parts, nests, or eggs for scientific or exhibition purposes, are also subject to the
following condition: In addition to any reporting requirement specifically noted in the permit, you must
submit a report of activities conducted under the permit to the Regional Director—Attention: Migratory
Bird Permit Office, within 30 days after the permit expires.
(c) How do we evaluate your application for a permit? We will conduct an investigation and will only
issue a permit to take, possess, transport within the United States, or transport into or out of the United
States bald or golden eagles, or their parts, nests, or eggs for scientific or exhibition purposes when we
determine that the taking, possession, or transportation is compatible with the preservation of the bald
eagle and golden eagle. In making this determination, we will consider, among other criteria, the
following:
(1) The direct or indirect effect which issuing such permit would be likely to have upon the wild
populations of bald and golden eagles;
(2) Whether the expertise, facilities, or other resources available to the applicant appear adequate to
successfully accomplish the objectives stated in the application;
(3) Whether the justification of the purpose for which the permit is being requested is adequate to justify
the removal of the eagle from the wild or otherwise change its status; and
(4) Whether the applicant has demonstrated that the permit is being requested for bona fide scientific or
exhibition purposes of public museums, public scientific societies, or public zoological parks.
(d) Tenure of permits. The tenure of permits to take bald or golden eagles for scientific or exhibition
purposes shall be that shown on the face of the permit.
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§ 22.22 What are the requirements concerning permits for Indian religious purposes?
top
We will issue a permit only to members of Indian entities recognized and eligible to receive services from
the United States Bureau of Indian Affairs listed under 25 U.S.C. 479a–1 engaged in religious activities
who satisfy all the issuance criteria of this section. We may, under the provisions of this section, issue a
permit authorizing the taking, possession, and transportation within the United States, or transportation
into or out of the United States of lawfully acquired bald eagles or golden eagles, or their parts, nests, or
eggs for Indian religious use. We will not issue a permit under this section that authorizes the
transportation into or out of the United States of any live bald or golden eagles, or any live eggs of these
birds.
(a) How do I apply if I want a permit for Indian regligious purposes? You must submit applications for
permits to take, possess, transport within the United States, or transport into or out of the United States
lawfully acquired bald or golden eagles, or their parts, nests, or eggs for Indian religious use to the
appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find addresses for the
appropriate Regional Directors in 50 CFR 2.2. If you are applying for a permit to transport into or out of
the United States, your application must contain all the information necessary for the issuance of a
CITES permit. You must comply with all the requirements in part 23 of this subchapter before
international travel. Your application for any permit under this section must also contain the information
required under this section, §13.12(a) of this subchapter, and the following information:
(1) Species and number of eagles or feathers proposed to be taken, or acquired by gift or inheritance.
(2) State and local area where the taking is proposed to be done, or from whom acquired.
(3) Name of tribe with which applicant is associated.
(4) Name of tribal religious ceremony(ies) for which required.
(5) You must attach a certification of enrollment in an Indian tribe that is federally recognized under the
Federally Recognized Tribal List Act of 1994, 25 U.S.C. 479a–1, 108 Stat. 4791 (1994). The certificate
must be signed by the tribal official who is authorized to certify that an individual is a duly enrolled
member of that tribe, and must include the official title of that certifying official.
(b) What are the permit conditions? In addition to the general conditions in part 13 of this subchapter B,
permits to take, possess, transport within the United States, or transport into or out of the United States
bald or golden eagles, or their parts, nests or eggs for Indian religious use are subject to the following
conditions:
(1) Bald or golden eagles or their parts possessed under permits issued pursuant to this section are not
transferable, except such birds or their parts may be handed down from generation to generation or from
one Indian to another in accordance with tribal or religious customs; and
(2) You must submit reports or inventories, including photographs, of eagle feathers or parts on hand as
requested by the issuing office.
(c) How do we evaluate your application for a permit? We will conduct an investigation and will only
issue a permit to take, possess, transport within the United States, or transport into or out of the United
States bald or golden eagles, or their parts, nests or eggs, for Indian religious use when we determine
that the taking, possession, or transportation is compatible with the preservation of the bald and golden
eagle. In making a determination, we will consider, among other criteria, the following:
(1) The direct or indirect effect which issuing such permit would be likely to have upon the wild
populations of bald or golden eagles; and
(2) Whether the applicant is an Indian who is authorized to participate in bona fide tribal religious
ceremonies.

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(d) How long are the permits valid? We are authorized to amend, suspend, or revoke any permit that is
issued under this section (see §§13.23, 13.27, and 13.28 of this subchapter).
(1) A permit issued to you that authorizes you to take bald or golden eagles will be valid during the
period specified on the face of the permit, but will not be longer than 1 year from the date it is issued.
(2) A permit issued to you that authorizes you to transport and possess bald or golden eagles or their
parts, nests, or eggs within the United States will be valid for your lifetime.
(3) A permit authorizing you to transport dead bald eagles or golden eagles, or their parts, nests, or dead
eggs into or out of the United States can be used for multiple trips to or from the United States, but no
trip can be longer than 180 days. The permit will be valid during the period specified on the face of the
permit, not to exceed 3 years from the date it is issued.
[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50473, Sept. 17, 1999]

§ 22.23 What are the requirements for permits to take depredating eagles?
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(a) How do I apply for a permit? You must submit applications for permits to take depredating bald or
golden eagles to the appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find
addresses for the appropriate Regional Directors in 50 CFR 2.2. Your application must contain the
information and certification required by §13.12(a) of this subchapter, and the following additional
information:
(1) Species and number of eagles proposed to be taken;
(2) Location and description of property where taking is proposed;
(3) Inclusive dates for which permit is requested;
(4) Method of taking proposed;
(5) Kind and number of livestock or domestic animals owned by applicant;
(6) Kind and amount of alleged damaged; and
(7) Name, address, age, and business relationship with applicant of any person the applicant proposes
to act for him as his agent in the taking of such eagles.
(b) What are the permit conditions? In addition to the general conditions set forth in part 13 of this
subchapter B, permits to take depredating bald or golden eagles shall be subject to the following
conditions:
(1) Bald or golden eagles may be taken under permit by firearms, traps, or other suitable means except
by poison or from aircraft;
(2) The taking of eagles under permit may be done only by the permittee or his agents named in the
permit;
(3) Any eagle taken under authority of such permit will be promptly turned over to a Service agent or
other game law enforcement officer designated in the permit; and
(4) In addition to any reporting requirement on a permit, you must submit a report of activities conducted
under the permit to the appropriate Regional Director—Attention: Migratory Bird Permit Office within 10
days following completion of the taking operations or the expiration of the permit, whichever occurs first.

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(c) Issuance criteria. The Director shall conduct an investigation and not issue a permit to take
depredating bald or golden eagles unless he has determined that such taking is compatible with the
preservation of the bald or golden eagle. In making such determination the Director shall consider the
following:
(1) The direct or indirect effect which issuing such permit would be likely to have upon the wild
population of bald or golden eagles;
(2) Whether there is evidence to show that bald or golden eagles have in fact become seriously injurious
to wildlife or to agriculture or other interests in the particular locality to be covered by the permit, and the
injury complained of is substantial; and
(3) Whether the only way to abate the damage caused by the bald or golden eagle is to take some or all
of the offending birds.
(d) Tenure of permits. The tenure of any permit to take bald or golden eagles for depredation control
purposes shall be that shown on the face thereof, and shall in no case be longer than 90 days from date
of issue.
[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50473, Sept. 17, 1999]

§ 22.24 Permits for falconry purposes.
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The Director may, upon receipt of an application and in accordance with the issuance criteria of this
section, issue a permit authorizing the possession and transportation of golden eagles for falconry
purposes.
(a) Application procedures. Submit applications for permits to possess and transport golden eagles for
falconry purposes to the appropriate Regional Director (Attention: Migratory bird permit office). You can
find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general
information and certification required in §13.12(a) of this subchapter, and the following additional
information:
(1) A copy of the applicant's master (or equivalent) class permit issued in accordance with 50 CFR
21.28.
(2) A statement of the applicant's experience in handling large raptors, including the species, type of
experience and duration of the activity in which the experience was acquired.
(3) At least two (2) letters of reference from individuals with recognized experience in handling and/or
flying eagles. Each letter must contain a concise history of the author's experience with eagles. Eagle
handling experience is defined as, but is not limited to, the handling of pre-Act birds, zoological
specimens, rehabilitating eagles, or scientific studies involving eagles. Each letter must also assess the
applicant's capability to properly care for the fly golden eagles in falconry, and recommend the issuance
or denial of the permit.
(4) A description of the facilities in which golden eagles will be housed.
(5) If requesting an eagle(s) from the Service, applicants must specify the sex, age and condition of the
eagle(s) they will accept.
(6) For eagles already legally possessed, a copy of the permit or other documentation authorizing
possession of said birds, and the procedures to be used to minimize or eliminate hazards associated
with the use of imprinted birds in falconry.
(7) Name, address, age and experience in handling raptors of any person the applicant proposes to act
as an authorized agent in taking possession of golden eagles provided by the Service.

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(8) To obtain additional or replacement golden eagles, a request in writing to the appropriate special
agent in charge must be tendered, identifying the existing permit and, for replacement eagles, the
reason for such replacement.
(b) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B,
permits to possess and transport golden eagles for falconry purposes are subject to the following
conditions:
(1) Golden eagles possessed for falconry purposes are considered as raptors and must be maintained in
accordance with Federal falconry standards described in §§21.28 and 21.29 of this subchapter.
(2) Only golden eagles legally obtained may be possessed and transported for falconry purposes.
(3) Captive breeding of golden eagles possessed for falconry purposes is prohibited.
(4) The applicant, or authorized agent, must agree to take possession of a requested golden eagle(s)
within 72 hours of notification of availability. Expenses incurred by the applicant in taking possession of
said eagle(s) will be the applicant's responsibility.
(5) The golden eagle(s) must be banded with a numbered eagle marker provided by the Service.
(6) All permits issued pursuant to this section shall state on their face that eagles possessed for falconry
purposes under authority of this permit may not be transferred or otherwise intentionally disposed of by
any means, including release to the wild, without written approval from the appropriate regional director.
(7) All permits issued pursuant to this section shall state on their face that the appropriate special agent
in charge must be notified no later than ten (10) days after the death of a permit holder.
(c) More restrictive State laws. Nothing in this section shall be construed to prevent a State from making
and/or enforcing more restrictive laws and regulations as regards the use of golden eagles in falconry.
(d) Issuance criteria. The Director shall conduct an investigation and shall not issue a permit to possess
and transport golden eagles for falconry purposes unless he has determined: that such possession and
transportation is compatible with the preservation of golden eagles; that the proposed possession and
transportation of golden eagles for falconry is not otherwise prohibited by laws and regulations within the
State where the activity is proposed; and that the applicant is qualified to possess and transport golden
eagles for falconry purposes. In making the latter determination, the Director shall consider, but shall not
necessarily be limited to, the following:
(1) The applicant's cumulative falconry experience.
(2) The applicant's demonstrated ability to handle and care for large raptors.
(3) Information contained in the applicant's letters of reference.
(e) Tenure of permits. Any permit to possess and transport golden eagles for falconry purposes is valid
for as long as the holder maintains a valid master (or equivalent) class falconry permit or until revoked in
writing by the Service.
(f) Permission to trap golden eagles for falconry purposes. Applicants desiring to trap golden eagles from
the wild for use in falconry must request and obtain permission from the Service prior to exercising this
privilege. The following applies to requests:
(1) Only golden eagles from a specified depredation area may be trapped for falconry purposes.
(2) Permission to trap golden eagles must be requested in writing from the appropriate State Animal
Damage Control (ADC) supervisor subsequent to issuance of the permit to possess and transport
golden eagles for falconry purposes.

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(3) Permission to trap will not be granted until the permittee suitably demonstrates to the State ADC
supervisor or a designated project leader his/her qualifications and capabilities to trap golden eagles
from the wild.
(4) All such trapping must be conducted under the direct supervision of the State ADC supervisor or
designated project leader in the specified depredation area.
(5) Any permission to trap golden eagles from the wild pursuant to this section shall in no case extend
more than 90 days from the date of issue.
(6) Upon issuance of permission to trap in accordance with the above conditions, the appropriate special
agent in charge will be notified in writing by the State ADC supervisor of the individual's name, address,
location of the specified depredation area and tenure of permission to trap golden eagles.
(The information collection requirements approved by the Office of Management and Budget under
control number 1018–0022. The information is necessary to determine potential permittee's
qualifications and is required to obtain a permit)
[49 FR 891, Jan. 6, 1984, as amended at 63 FR 52638, Oct. 1, 1998]

§ 22.25 What are the requirements concerning permits to take golden eagle nests?
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The Director may, upon receipt of an application and in accordance with the issuance criteria of this
section, issue a permit authorizing any person to take golden eagle nests during a resource
development or recovery operation when the nests are inactive, if the taking is compatible with the
preservation of the area nesting population of golden eagles. The information collection requirements
contained within this section have been approved by the Office of Management and Budget under 44
U.S.C. 3507 and assigned clearance number 1018–0022. This information is being collected to provide
information necessary to evaluate permit applications. This information will be used to review permit
applications and make decisions, according to the criteria established in this section for the issuance or
denial of such permits. The obligation to respond is required to obtain or retain a permit.
(a) How do I apply for a permit to take golden eagle nests? You must submit applications for permits to
take golden eagle nests to the appropriate Regional Director—Attention: Migratory Bird Permit Office.
You can find addresses for the appropriate Regional Directors in 50 CFR 2.2. We will only accept
applications if you are engaged in a resource development or recovery operation, including the planning
and permitting stages of an operation. Your application must contain the general information and
certification required by §13.12(a) of this chapter plus the following additional information:
(1) A description of the resource development or recovery operation in which the applicant is engaged;
(2) The number of golden eagle nests proposed to be taken;
(3) A description of the property on which the taking is proposed, with reference made to its exact
geographic location. An appropriately scaled map or plat must be included which delineates the area of
the resource development or recovery operation and identifies the exact location of each golden eagle
nest proposed to be taken. The map or plat must contain enough detail so that each golden eagle nest
proposed to be taken can be readily located by the Service.
(4) For each golden eagle nest proposed to be taken, the applicant must calculate the area nesting
population of golden eagles and identify on an appropriately scaled map or plat the exact location of
each golden eagle nest used to calculate the area nesting population unless the Service has sufficient
data to independently calculate the area nesting population. The map or plat must contain enough
details so that each golden eagle nest used to calculate the area nesting population can be readily
located by the Service.
(5) A description of each activity to be performed during the resource development or recovery operation
which involves the taking of a golden eagle nest;

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(6) A statement with any supporting documents from ornithologists experienced with golden eagles or
other qualified persons who have made on site inspections and can verify the applicant's calculation of
the area nesting population;
(7) The length of time for which the permit is requested, including the dates on which the proposed
resource development or recovery operation is to begin and end;
(8) A statement indicating the intended disposition of each nest proposed to be taken. Applicants should
state whether they are willing to collect any nest for scientific or educational purposes; and
(9) A statement indicating any proposed mitigation measures that are compatible with the resource
development or recovery operation to encourage golden eagles to reoccupy the resource development
or recovery site. Mitigation measures may include reclaiming disturbed land to enhance golden eagle
nesting and foraging habitat, relocating in suitable habitat any inactive golden eagle nest taken, or
establishing one or more nest sites. If the establishment of one or more nest sites is proposed, a
description of the materials and methods to be used and the exact location of each artificial nest site
must be included.
(b) Additional permit conditions. In addition to the general conditions set forth in part 13 of this chapter,
permits to take golden eagle nests are subject to the following additional conditions:
(1) Only inactive golden eagle nests may be taken.
(2) The permittee shall submit a report of activities conducted under the permit to the Director within ten
(10) days following the permit's expiration;
(3) The permittee shall notify the Director in writing at least 10 days but not more than 30 days before
any golden eagle nest is taken;
(4) The permittee shall comply with any mitigation measures determined by the Director to be feasible
and compatible with the resource development or recovery operation; and
(5) Any permit issued before the commencement of a resource development or recovery operation is
invalid if the activity which required a permit is not performed.
(c) Issuance criteria. The Director shall conduct an investigation and not issue a permit to take any
golden eagle nest unless such taking is compatible with the preservation of the area nesting population
of golden eagles. In making such determination, the Director shall consider the following:
(1) Whether the applicant can reasonably conduct the resource development or recovery operation in a
manner that avoids taking any golden eagle nest;
(2) The total number of golden eagle nests proposed to be taken;
(3) The size of the area nesting population of golden eagles;
(4) Whether suitable golden eagle nesting and foraging habitat unaffected by the resource development
or recovery operation is available to the area nesting population of golden eagles to accommodate any
golden eagles displaced by the resource development or recovery operation;
(5) Whether feasible mitigation measures compatible with the resource development or recovery
operation are available to encourage golden eagles to reoccupy the resource development or recovery
site. Mitigation measures may include reclaiming disturbed land to enhance golden eagle nesting and
foraging habitat, relocating in suitable habitat any golden eagle nest taken, or establishing one or more
nest sites; and
(6) Whether the area nesting population is widely dispersed or locally concentrated.
(d) Tenure of permits. The tenure of any permit to take golden eagle nests is 2 years from the date of

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issuance, unless a shorter period of time is prescribed on the face of the permit. Permits may be
renewed in accordance with part 13 of this chapter.
[48 FR 57300, Dec. 29, 1983, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50474, Sept. 17, 1999]

Subpart D—Depredation Control Orders on Golden Eagles
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§ 22.31 Golden eagle depredations control order on request of Governor of a State.
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(a) Whenever the Governor of any State requests permission to take golden eagles to seasonally protect
domesticated flocks and herds in such State, the Director shall make an investigation and if he
determines that such taking is necessary to and will seasonally protect domesticated flocks and herds in
such States he shall authorize such taking in whatever part or parts of the State and for such periods as
he determines necessary to protect such interests.
(b) Requests from the Governor of a State to take golden eagles to seasonally protect domesticated
flocks and herds must be submitted in writing to the Director listing the periods of time during which the
taking of such birds is recommended, and including a map of the State indicating the boundaries of the
proposed area of taking. Such requests should include a statement of the facts and the source of such
facts that in the Governor's opinion justifies the request. After a decision by the Director, the Governor
will be advised in writing concerning the request and a notice will be published in theFederal Register.

§ 22.32 Conditions and limitations on taking under depredation control order.
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(a) Whenever the taking of golden eagles without a permit is authorized for the seasonal protection of
livestock, such birds may be taken by firearms, traps, or other suitable means except by poison or from
aircraft.
(b) Any person exercising any of the privileges granted by this subpart D must permit all reasonable
times, including during actual operations, any Service agent, or other game law enforcement officer free
and unrestricted access over the premises on which such operations have been or are being conducted;
and shall furnish promptly to such officer whatever information he may require concerning such
operations.
(c) The authority to take golden eagles under a depredations control order issued pursuant to this
subpart D only authorizes the taking of golden eagles when necessary to seasonally protect
domesticated flocks and herds, and all such birds taken must be reported and turned over to a local
Bureau Agent.
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