50 Cfr 21

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
General permit requirements.
§ 21.12
General exceptions to permit requirements.
§ 21.13
Permit exceptions for captive-reared mallard ducks.
§ 21.14
Permit exceptions for captive-reared migratory waterfowl other
than mallard ducks.
§ 21.15
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
Depredation permits.
§ 21.42
Authority to issue depredating orders to permit the killing of
migratory game birds.
§ 21.43
Depredation order for blackbirds, cowbirds, grackles, crows and
magpies.
§ 21.44
Depredation order for designated species of depredating birds in
California.
§ 21.45
Depredation order for depredating purple gallinules in
Louisiana.
§ 21.46
Depredation order for depredating scrub jays and Steller's jays
in Washington and Oregon.
§ 21.47
Depredation order for double-crested cormorants at aquaculture
facilities.
§ 21.48
Depredation order for double-crested cormorants to protect
public resources.

§ 21.49
Control order for resident Canada geese at airports and military
airfields.
§ 21.50
Depredation order for resident Canada geese nests and eggs.
§ 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
§ 21.61

Conservation order for mid-continent light geese.
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
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§ 21.1
Purpose of regulations.
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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.
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(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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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.
[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.
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(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
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§ 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.
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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 (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.
(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 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
(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
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§ 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 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.
(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 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.
top
(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 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.
top
(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.
(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.
top
(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:
(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).
(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.
top
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 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
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 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.
(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 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;
(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.
top
(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
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, non-reusable,
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.
(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.
(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.
(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:
( 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.
top
(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 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 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 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 On-Scene Coordinator. All activities within the
location of the spill are subject to the authority of the On-Scene
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 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 re-evaluate 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
(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 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 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.
(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.
(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 double-crested 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 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 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 double-crested 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 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 one-time 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:
(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 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).
(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 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.
(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 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.
(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 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.
(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.
(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:
(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 (mid-continent 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 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.
(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]
§ 21.61
Population control of resident Canada geese.
top
(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.
(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(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 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]