Download:
pdf |
pdfElectronic Code of Federal Regulations:
Page 1 of 75
Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of June 25, 2009
Title 50: Wildlife and Fisheries
Browse Previous | Browse Next
PART 21—MIGRATORY BIRD PERMITS
Section Contents
Subpart A—Introduction
§ 21.1
§ 21.2
§ 21.3
§ 21.4
Purpose of regulations.
Scope of regulations.
Definitions.
Information collection requirements.
Subpart B—General Requirements and Exceptions
§ 21.11
§ 21.12
§ 21.13
§ 21.14
§ 21.15
General permit requirements.
General exceptions to permit requirements.
Permit exceptions for captive-reared mallard ducks.
Permit exceptions for captive-reared migratory waterfowl other than mallard ducks.
Authorization of take incidental to military readiness activities.
Subpart C—Specific Permit Provisions
§ 21.21
§ 21.22
§ 21.23
§ 21.24
§ 21.25
§ 21.26
§ 21.27
§ 21.28
§ 21.29
§ 21.30
§ 21.31
Import and export permits.
Banding or marking permits.
Scientific collecting permits.
Taxidermist permits.
Waterfowl sale and disposal permits.
Special Canada goose permit.
Special purpose permits.
[Reserved]
Falconry standards and falconry permitting.
Raptor propagation permits.
Rehabilitation permits.
Subpart D—Control of Depredating and Otherwise Injurious Birds
§ 21.41
§ 21.42
§ 21.43
§ 21.44
§ 21.45
§ 21.46
Oregon.
§ 21.47
Depredation permits.
Authority to issue depredating orders to permit the killing of migratory game birds.
Depredation order for blackbirds, cowbirds, grackles, crows and magpies.
Depredation order for designated species of depredating birds in California.
Depredation order for depredating purple gallinules in Louisiana.
Depredation order for depredating scrub jays and Steller's jays in Washington and
Depredation order for double-crested cormorants at aquaculture facilities.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
§ 21.48
§ 21.49
§ 21.50
§ 21.51
§ 21.52
Page 2 of 75
Depredation order for double-crested cormorants to protect public resources.
Control order for resident Canada geese at airports and military airfields.
Depredation order for resident Canada geese nests and eggs.
Depredation order for resident Canada geese at agricultural facilities.
Public health control order for resident Canada geese.
Subpart E—Control of Overabundant Migratory Bird Populations
§ 21.60 Conservation order for light geese.
§ 21.61 Population control of resident Canada geese.
Authority: Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703); Public Law 95616, 92
Stat. 3112 (16 U.S.C. 712(2)); Public Law 106108, 113 Stat. 1491, Note Following 16 U.S.C.
703.
Source: 39 FR 1178, Jan. 4, 1974, unless otherwise noted.
Subpart A—Introduction
top
§ 21.1 Purpose of regulations.
top
The regulations contained in this part supplement the general permit regulations of part 13 of this
subchapter with respect to permits for the taking, possession, transporation, sale, purchase, barter,
importation, exportation, and banding or marking of migratory birds. This part also provides certain
exceptions to permit requirements for public, scientific, or educational institutions, and establishes
depredation orders which provide limited exceptions to the Migratory Bird Treaty Act (16 U.S.C. 703–
712).
[54 FR 38150, Sept. 14, 1989]
§ 21.2 Scope of regulations.
top
(a) Migratory birds, their parts, nests, or eggs, lawfully acquired prior to the effective date of Federal
protection under the Migratory Bird Treaty Act (16 U.S.C. 703–712) may be possessed or transported
without a permit, but may not be imported, exported, purchased, sold, bartered, or offered for purchase,
sale or barter, and all shipments of such birds must be marked as provided by part 14 of this subchapter:
Provide, no exemption from any statute or regulation shall accrue to any offspring of such migratory
birds.
(b) This part, except for §21.12(a), (c), and (d) (general permit exceptions); §21.22 (banding or marking);
§21.29 (falconry); 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; 73
FR 59465, Oct. 8, 2008]
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 3 of 75
§ 21.3 Definitions.
top
In addition to definitions contained in part 10 of this chapter, and unless the context requires otherwise,
as used in this part:
Armed Forces means the Army, Navy, Air Force, Marine Corps, Coast Guard, and the National Guard of
any State.
Bred in captivity or captive-bred refers to raptors, including eggs, hatched in captivity from parents that
mated or otherwise transferred gametes in captivity.
Captivity means that a live raptor is held in a controlled environment that is intensively manipulated by
man for the purpose of producing raptors of selected species, and that has boundaries designed to
prevent raptors, eggs or gametes of the selected species from entering or leaving the controlled
environment. General characteristics of captivity may include, but are not limited to, artificial housing,
waste removal, health care, protection from predators, and artificially supplied food.
Conservation measures, as used in §21.15, means project design or mitigation activities that are
reasonable from a scientific, technological, and economic standpoint, and are necessary to avoid,
minimize, or mitigate the take of migratory birds or other adverse impacts. Conservation measures
should be implemented in a reasonable period of time.
Falconry is caring for and training raptors for pursuit of wild game, and hunting wild game with raptors.
Falconry includes the taking of raptors from the wild to use in the sport; and caring for, training, and
transporting raptors held for falconry.
Hacking is the temporary release of a raptor held for falconry to the wild so that it must survive on its
own.
Hybrid means offspring of birds listed as two or more distinct species in § 10.13 of subchapter B of this
chapter, or offspring of birds recognized by ornithological authorities as two or more distinct species
listed in § 10.13 of subchapter B of this chapter.
Imprint, for the purposes of falconry, means a bird that is hand-raised in isolation from the sight of other
raptors from 2 weeks of age until it has fledged. An imprinted bird is considered to be so for its entire
lifetime.
Livestock depredation area means a specific geographic location in which depredation by golden eagles
has been recognized. The boundaries and duration of a livestock depredation area are declared by
U.S.D.A. Wildlife Services or by a State governor.
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 migratory bird of the Order Falconiformes or the Order Strigiformes listed in § 10.13 of
this chapter, including the bald eagle ( Haliaeetus leucocephalus ) and the golden eagle ( Aquila
chrysaetos ).
Resident Canada geese means Canada geese that nest within the lower 48 States and the District of
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 4 of 75
Columbia 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; 72 FR 46408, Aug. 20, 2007; 73 FR 59465, Oct. 8, 2008]
§ 21.4 Information collection requirements.
top
(a) The Office of Management and Budget approved the information collection requirements contained
in this part 21 under 44 U.S.C. 3507 and assigned OMB Control Number 1018–0022. The Service may
not conduct or sponsor, and you are not required to respond to, a collection of information unless it
displays a currently valid OMB control number. We are collecting this information to provide information
necessary to evaluate permit applications. We will use this information to review permit applications and
make decisions, according to criteria established in the Migratory Bird Treaty Act, 16 U.S.C. 703–712
and its regulations, on the issuance, suspension, revocation, or denial of permits. You must respond to
obtain or retain a permit.
(b) We estimate the public reporting burden for these reporting requirements to vary from 15 minutes to
4 hours per response, with an average of 0.803 hours per response, including time for reviewing
instructions, gathering and maintaining data, and completing and reviewing the forms. Direct comments
regarding the burden estimate or any other aspect of these reporting requirements to the Service
Information Collection Control Officer, MS–222 ARLSQ, U.S. Fish and Wildlife Service, Washington, DC
20240, or the Office of Management and Budget, Paperwork Reduction Project (1018–0022),
Washington, DC 20603.
[63 FR 52637, Oct. 1, 1998]
Subpart B—General Requirements and Exceptions
top
§ 21.11 General permit requirements.
top
No person may take, possess, import, export, transport, sell, purchase, barter, or offer for sale,
purchase, or barter, any migratory bird, or the parts, nests, or eggs of such bird except as may be
permitted under the terms of a valid permit issued pursuant to the provisions of this part and part 13 of
this chapter, or as permitted by regulations in this part, or part 20 of this subchapter (the hunting
regulations), or part 92 of subchapter G of this chapter (the Alaska subsistence harvest regulations).
Birds taken or possessed under this part in “included areas” of Alaska as defined in §92.5(a) are subject
to this part and not to part 92 of subchapter G of this chapter.
[68 FR 43027, July 21, 2003]
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 5 of 75
§ 21.12 General exceptions to permit requirements.
top
The following persons or entities under the following conditions are exempt from the permit
requirements:
(a) Employees of the Department of the Interior (DOI): DOI employees 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) Employees of certain public and private institutions:
(b)(1) 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.
(b)(2) 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.
(c) Licensed veterinarians: 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.
(d) General public: Any person may remove a migratory bird from the interior of a building or structure
under certain conditions.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 6 of 75
(1) You may humanely remove a trapped migratory bird from the interior of a residence or a commercial
or government building without a Federal permit if the migratory bird:
(i) Poses a health threat (for example, through damage to foodstuffs);
(ii) Is attacking humans, or poses a threat to human safety because of its activities (such as opening and
closing automatic doors);
(iii) Poses a threat to commercial interests, such as through damage to products for sale; or
(iv) May injure itself because it is trapped.
(2) You must use a humane method to capture the bird or birds. You may not use adhesive traps to
which birds may adhere (such as glue traps) or any other method of capture likely to harm the bird.
(3) Unless you have a permit that allows you to conduct abatement activities with a raptor, you may not
release a raptor into a building to either frighten or capture another bird.
(4) You must immediately release a captured bird to the wild in habitat suitable for the species, unless it
is exhausted, ill, injured, or orphaned.
(5) If a bird is exhausted or ill, or is injured or orphaned during the removal, the property owner is
responsible for immediately transferring it to a federally permitted migratory bird rehabilitator.
(6) You may not lethally take a migratory bird for these purposes. If your actions to remove the trapped
migratory bird are likely to result in its lethal take, you must possess a Federal Migratory Bird Permit.
However, if a bird you are trying to remove dies, you must dispose of the carcass immediately unless
you have reason to believe that a museum or scientific institution might be able to use it. In that case,
you should contact your nearest Fish and Wildlife Service office or your State wildlife agency about
donating the carcass.
(7) For birds of species on the Federal List of Threatened or Endangered Wildlife, provided at 50 CFR
17.11(h), you may need a Federal threatened or endangered species permit before removing the birds
(see 50 CFR 17.21 and 50 CFR 17.31).
(8) You must have a permit from your Regional migratory bird permits office to remove a bald eagle or a
golden eagle from a building (see 50 CFR Part 22).
(9) Your action must comply with State and local regulations and ordinances. You may need a State,
Tribal, or Territorial permit before you can legally remove the bird or birds.
(10) If an active nest with eggs or nestlings is present, you must seek the assistance of a federally
permitted migratory bird rehabilitator in removing the eggs or nestlings. The rehabilitator is then
responsible for handling them properly.
(11) If you need advice on dealing with a trapped bird, you should contact your closest Fish and Wildlife
Service office or your State wildlife agency.
[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; 72 FR 56928, Oct. 5, 2007]
§ 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.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 7 of 75
(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).
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 8 of 75
(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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 9 of 75
(D) Do not limit the effectiveness of the military readiness activity;
(ii) The Armed Forces fail to conduct mutually agreed upon monitoring to determine the effects of a
military readiness activity on migratory bird species and/or the efficacy of the conservation measures
implemented by the Armed Forces; or
(iii) The Armed Forces have not provided reasonably available information that the Secretary has
determined is necessary to evaluate whether withdrawal of take authorization for the specific military
readiness activity is appropriate.
(3) When the Secretary proposes to withdraw authorization with respect to a specific military readiness
activity, the Secretary will first provide written notice to the Secretary of Defense. Any such notice will
include the basis for the Secretary's determination that withdrawal is warranted in accordance with the
criteria contained in paragraph (b)(2) of this section, and will identify any conservation measures or other
measures that would, if implemented by the Armed Forces, permit the Secretary to cancel the proposed
withdrawal of authorization.
(4) Within 15 days of receipt of the notice specified in paragraph (b)(3) of this section, the Secretary of
Defense may notify the Secretary in writing of the Armed Forces' objections, if any, to the proposed
withdrawal, specifying the reasons therefore. The Secretary will give due consideration to any objections
raised by the Armed Forces. If the Secretary continues to believe that withdrawal is appropriate, he or
she will provide written notice to the Secretary of Defense of the rationale for withdrawal and response to
any objections to the withdrawal. If objections to the withdrawal remain, the withdrawal will not become
effective until the Secretary of Defense has had the opportunity to meet with the Secretary within 30
days of the original notice from the Secretary proposing withdrawal. A final determination regarding
whether authorization will be withdrawn will occur within 45 days of the original notice.
(5) Any authorized take incidental to a military readiness activity subject to a proposed withdrawal of
authorization will continue to be authorized by this regulation until the Secretary makes a final
determination on the withdrawal.
(6) The Secretary may, at his or her discretion, cancel a suspension or withdrawal of authorization at any
time. A suspension may be cancelled in the event new information is provided that the proposed activity
would be compatible with the migratory bird treaties. A proposed withdrawal may be cancelled if the
Armed Forces modify the proposed activity to alleviate significant adverse effects on the population of a
migratory bird species or the circumstances in paragraphs (b)(2)(i) through (iii) of this section no longer
exist. Cancellation of suspension or withdrawal of authorization becomes effective upon delivery of
written notice from the Secretary to the Department of Defense.
(7) The responsibilities of the Secretary under paragraph (b) of this section may be fulfilled by his/her
delegatee who must be an official nominated by the President and confirmed by the Senate.
[72 FR 8949, Feb. 28, 2007]
Subpart C—Specific Permit Provisions
top
§ 21.21 Import and export permits.
top
(a) Permit requirement . Except as provided in paragraphs (b), (c), and (d) of this section, you must have
a permit to import or export migratory birds, their parts, nests, or eggs. You must meet the applicable
permit requirements of the following parts of this subchapter B, even if the activity is exempt from a
migratory bird import or export permit:
(1) 13 (General Permit Procedures);
(2) 14 (Importation, Exportation, and Transportation of Wildlife);
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 10 of 75
(3) 15 (Wild Bird Conservation Act);
(4) 17 (Taking, Possession, Transportation, Sale, Purchase, Barter, Exportation, and Importation of
Wildlife and Plants);
(5) 20 (Migratory Bird Hunting);
(6) 21 (Migratory Bird Permits);
(7) 22 (Eagle Permits); and
(8) 23 (Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)).
(b) Exception to the import permit requirements . If you comply with the requirements of parts 14, 20,
and 23 of this subchapter B, you do not need a migratory bird permit to import or possess migratory
birds in the families Anatidae, Columbidae, Gruidae, Rallidae, and Scolopacidae for personal use that
were lawfully hunted by you in a foreign country. The birds may be carcasses, skins, or mounts. You
must provide evidence that you lawfully took the bird or birds in, and exported them from, the country of
origin. This evidence must include a hunting license and any export documentation required by the
country of origin. You must keep these documents with the imported bird or birds permanently.
(c) General exceptions to the export permit requirements . You do not need a migratory bird export
permit to:
(1) Export live, captive-bred migratory game birds (see §20.11 of this subpart) to Canada or Mexico if
they are marked by one of the following methods:
(i) Removal of the hind toe from the right foot;
(ii) Pinioning of a wing by removal of all or some of the metacarpal bones of one wing, which renders the
bird permanently incapable of flight;
(iii) Banding of one metatarsus with a seamless metal band; or
(iv) A readily discernible tattoo of numbers and/or letters on the web of one foot.
(2) Export live, lawfully-acquired, captive-bred raptors provided you hold a valid raptor propagation
permit issued under §21.30 and you obtain a CITES permit or certificate issued under part 23 to do so.
You must have full documentation of the lawful origin of each raptor, and each must be identifiable with
a seamless band issued by the Service, including any raptor with an implanted microchip for
identification.
(d) Falconry birds covered under a CITES “pet passport.” You do not need a migratory bird import or
export permit to temporarily export and subsequently import a raptor or raptors you lawfully possess for
falconry to and from another country for use in falconry when the following conditions are met:
(1) You must meet applicable requirements in part 14 (Importation, Exportation, and Transportation of
Wildlife) of this subchapter B.
(2) You may need one or more additional permits to take a bird from the United States or to return home
with it (see 50 CFR part 15 (Wild Bird Conservation Act), part 17 (Endangered and Threatened Wildlife
and Plants), and part 23 (Convention on International Trade in Endangered Species of Wild Fauna and
Flora)).
(3) Each raptor must be covered by a CITES certificate of ownership issued under part 23 of this
chapter. You must have full documentation of the lawful origin of each raptor (a copy of a propagation
report with band number or a 3–186A report), and each must be identifiable with a seamless band or a
permanent, nonreusable, numbered Fish and Wildlife Service leg band issued by the Service, including
any raptor with an implanted microchip for identification. We may exempt a raptor from banding because
of health concerns, but you must provide proof of the exemption from your falconry permitting authority.
(4) You must bring any raptor that you export out of the country for falconry under a CITES “pet
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 11 of 75
passport” back to the United States when you return.
(5) If the raptor dies or is lost, you are not required to bring it back, but you must report the loss
immediately upon your return to the United States in the manner required by the falconry regulations of
your State, and according to any conditions on your CITES certificate.
(e) Inspection of imported or exported migratory birds . All migratory birds imported into, or exported
from, the United States, and any associated documentation, may be inspected by the Service. You must
comply with the import and export regulations in Part 14 of this chapter.
(f) Applying for a migratory bird import or export permit . You must apply to the appropriate Regional
Director—Attention Migratory Bird Permit Office. You can find the address for your Regional Director in
§2.2 of subchapter A of this chapter. Your application package must include a completed application
(form 3–200–6, or 3–200–7 if the import or export is associated with an application for a scientific
collecting permit), and 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, as listed in §13.11 of this chapter.
(g) Criteria we will consider before issuing a permit . After we receive a completed import or export
application, 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:
(1) You are at least 18 years of age;
(2) The bird was lawfully acquired; and
(3) The purpose of the import or export is consistent with the conservation of the species; and
(4) For an import permit, whether you are authorized to lawfully possess the migratory bird after it is
imported.
(h) Are there standard conditions for the permit? Yes, standard conditions for your permit are set forth in
part 13 of this subchapter B. You must also comply with the regulations in part 14 (Importation,
Exportation, and Transportation of Wildlife). We may place additional requirements or restrictions on
your permit as appropriate.
(i) Term of a migratory bird import and export permit . Your migratory bird import or export permit will be
valid for not more than 5 years. It will expire on the date designated on its face unless it is amended or
revoked.
[73 FR 47097, Aug. 13, 2008, as amended at 73 FR 55451, Sept. 25, 2008]
§ 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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 12 of 75
(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.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 13 of 75
(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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 14 of 75
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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 15 of 75
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;
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 16 of 75
(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.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 17 of 75
(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.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 18 of 75
(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 [Reserved]
top
§ 21.29 Falconry standards and falconry permitting.
top
(a) Background.
(1) The legal basis for regulating falconry. The Migratory Bird Treaty Act prohibits any person from
taking, possessing, purchasing, bartering, selling, or offering to purchase, barter, or sell, among other
things, raptors (birds of prey) listed in § 10.13 of this subchapter unless the activities are allowed by
Federal permit issued under this part and part 13 of this chapter, or as permitted by regulations in this
part.
(i) This section covers all Falconiformes (vultures, kites, eagles, hawks, caracaras, and falcons) and all
Strigiformes (owls) listed in § 10.13 of this subchapter (“native” raptors), and applies to any person who
possesses one or more wild-caught, captive-bred, or hybrid raptors protected under the MBTA to use in
falconry.
(ii) The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d, 54 Stat. 250) provides for the taking
of golden eagles from the wild to use in falconry. It specifies that the only golden eagles that may be
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 19 of 75
used for falconry are those that would be taken because of depredations on livestock or wildlife (16
U.S.C. 668a).
(2) “ Possession” and short-term handling of a falconry raptor. We do not consider short-term handling,
such as letting any other person hold or practice flying a raptor you possess under your permit, to be
possession for the purposes of this section if you are present and the person is under your supervision.
(3) Regulatory year for governing falconry. For determining possession and take of raptors for falconry, a
year is any 12–month period for take defined by the State, tribe, or territory.
(b) Federal approval of State, tribal, and territorial falconry programs.
(1) General .
(i) A State (including the District of Columbia), tribe, or territory under the jurisdiction of the United States
that wishes to allow falconry must establish laws and regulations (hereafter referred to as laws) that
meet the standards established in this section. To allow the practice of falconry on tribal lands by tribal
members or residents, a tribe may either certify that it has adopted Service-approved State laws if those
laws are fully enforceable on tribal lands, or issue its own laws and request our approval.
(ii) The U.S. Fish and Wildlife Service (Service) Director must determine that a State, tribal, or territorial
falconry permitting program meets the requirements and standards of this section. The Director must
certify no later than January 1, 2014, that a State, tribe, and territory willing to allow falconry meets the
federal standards. At that time, all Federal falconry permits and the Federal permitting program will end.
Falconry will not be permitted in a State or territory or by a tribe after this date until that State, tribe, or
territory develops a permitting program the Director certifies to be in compliance with these regulations.
Also see paragraph (b)(12) of this section.
(iii) State, tribal, or territorial laws may be more restrictive than these Federal standards but may not be
less restrictive. For instance, a State, tribe, or territory may choose not to allow possession of some
species of raptors otherwise allowed in this section. State, tribal, and territorial laws must be consistent
with the terms contained in any convention between the United States and any foreign country for the
protection of raptors and the Migratory Bird Treaty Act.
(2) State, tribal, or territorial submission for approval. A State, tribe, or territory that wishes to allow
falconry must submit to the Director:
(i) The data required by paragraph (b)(l) of this section;
(ii) A copy of the State's, tribe's, or territory's Apprentice Falconer examination, which must at a
minimum cover laws and regulations, raptor biology and raptor identification, trapping methods, facilities
requirements, care of raptors held for falconry, and diseases and health problems of raptors, and
training methods; and
(iii) Copies of the laws and regulations governing falconry of the State, tribe, or territory, and certification
that the laws and regulations meet the requirements of this section.
(3) Electronic reporting. The State, tribe, or territory must work with us to ensure that the electronic 3186A reporting system (http://permits.fws.gov/186A) for reporting take, transfers, and loss of falconry
birds is fully operational for residents of that jurisdiction.
(4) Federal approval and terms . If we concur that the regulations and the examination meet the
requirements of this section, we will publish a rule in theFederal Registeradding the State, tribe, or
territory to the list of those approved for allowing the practice of falconry. We will terminate Federal
falconry permitting in any State certified under these regulations on January 1st of the calendar year
following publication of the rule.
(i) An approved State, tribe, or territory must notify the Service Director of any substantive revisions of
their laws governing falconry and certify that they meet the requirements of this section.
(ii) We must approve the falconry examination any time it is revised.
(5) Review of a State, tribal, or territorial falconry program . We may review the administration of an
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 20 of 75
approved State's, tribe's, or territory's falconry program if complaints from the public or law enforcement
investigations that indicate the need for a review, or revisions to the State's, tribe's, or territory's laws or
falconry examination. The review may involve, but is not limited to:
(i) Inspecting falconers' facilities to ensure that facilities standards in this section are met;
(ii) Processing time of applications;
(iii) Reviewing approved applications for completeness;
(iv) Determining that permits issued are appropriate for the experience of the applicants;
(v) Determining the adequacy of the State's, tribe's, or territory's recordkeeping for the needs of State,
tribal, or territorial and Federal law enforcement;
(vi) Reviewing laws to determine if they meet the requirements of this section; and
(vii) Reviewing a revised falconry examination to determine if it meets the requirements of this section.
(6) Suspension of a State's, tribe's, or territory's certification .
(i) We may propose to suspend, and may suspend the approval of a State, tribal, or territorial falconry
program in accordance with the procedures in paragraph (b)(6)(ii) of this section if we determine that the
State, tribe, or territory has deficiencies in one or more items in paragraph (b)(5) of this section.
(ii) When we propose to suspend approval of a State, tribal, or territorial falconry program, we will first
provide written notice to the State, tribe, or territory. Any such notice will include the basis for our
determination that suspension is warranted. We will identify the actions that would, if implemented by the
State, tribe, or territory, allow us to cancel the proposed suspension of approval.
(iii) The State, tribe, or territory will have 2 years from the date of our notification to correct the
deficiencies. The State, tribe, or territory must respond in writing within that time to the proposed
suspension, specifying the reasons why the certification should not be suspended. We will give due
consideration to any objections and evidence raised by the State, tribe, or territory.
(iv) If we continue to believe that suspension is warranted, we will provide written notice of suspension,
including the rationale for suspension, and respond to any objections to the suspension.
(A) The suspension of approval of the State's, tribe's, or territory's falconry program will be effective 180
days from the date of the Service's final notification of suspension.
(B) The State, tribe, or territory must then inform all falconry applicants and permittees of the impending
cancellation of permitting.
(v) We will honor all falconry permits in that jurisdiction for 2 years from the date of our final notification
of suspension of certification. At the end of the 2 years, you must transfer all raptors (including captivebred raptors) held under permits from the State, tribal, or territorial falconry program to other falconry
permittees in other States or territories, or to Federal raptor propagation or education permittees,
institutions exempt from the Federal permit requirements, or permanently released to the wild (if it is
allowed by the State, tribe, or territory and by this section), or euthanized. However, you may not
permanently release hybrid raptors to the wild.
(7) Appeal of a decision to suspend State, tribal, or territorial certification . The State, tribe, or territory
may appeal a decision to suspend certification to the Director within 180 days of the date of the
Director's decision. The Director will then respond to the State, tribe, or territory within 180 days of
receipt of the appeal. The State, tribe, or territory certification will remain effective until the Director
makes a final decision on the appeal.
(8) Recertification of compliance with this section if a State's, tribe's, or territory's falconry permitting
authority has been suspended . If a State, tribe, or territory has had its falconry permitting authority
suspended but has corrected its problems, it must submit a request for approval of its permitting
activities. We will then either recertify the program, or report in writing why we do not believe that earlier
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 21 of 75
permitting problems have been rectified.
(9) Authority to suspend or revoke a falconry permit issued by a State, tribe, or territory . Suspension or
revocation of a falconry permit is the responsibility of the State, tribe, or territory. However, compliance
with all provisions of these regulations remains under the purview of the Fish and Wildlife Service.
(10) Standards in effect in your place of residence.
If your legal residence is in
you may
(i) [ - States, tribes, and territories in compliance practice falconry as
with these revised regulations - ],
permitted in these
regulations if you have a
permit from your State,
tribe, or territory.
(ii) Alabama, Alaska, Arizona, Arkansas,
practice falconry under the
California, Colorado, Connecticut, Delaware,
Federal regulations in
Florida, Georgia, Idaho, Illinois, Indiana, Iowa,
effect on November 7,
Kansas, Kentucky, Louisiana, Maine, Maryland, 2008 (if falconry was
Massachusetts, Michigan, Minnesota,
allowed in your State at
Mississippi, Missouri, Montana, Nebraska,
that time) until your State
Nevada, New Hampshire, New Jersey, New
has certified that it meets
Mexico, New York, North Carolina, North Dakota, the requirements in these
Ohio, Oklahoma, Oregon, Pennsylvania, Rhode regulations or until January
Island, South Carolina, South Dakota,
1, 2014.
Tennessee, Texas, Utah, Vermont, Virginia,
Washington, West Virginia, Wisconsin, or
Wyoming,
(11) Compliance date for the regulations in this section. A State with existing Federally-approved
falconry regulations wishing to continue to allow falconry after January 1, 2014 must certify to the
Director of the Fish and Wildlife Service that it is in compliance with this section. This section will be
applicable for a State upon publication in theFederal Registerof our notice of approval of the State's
certification. Any State certified to allow falconry under the Federal falconry regulations contained in §§
21.28 and § 21.29 in effect prior to November 7, 2008 may continue to allow falconry under those
provisions until:
(i) We publish a notice of our approval of the State's certification in theFederal Register; or
(ii) January 1, 2014.
(12) What will happen if a State with falconry regulations certified under earlier regulations does not
come into compliance with this section by January 1, 2014? If a State does not come into compliance
with this section by the compliance date, we will require that all raptors held for falconry in that State or
(including captive-bred raptors) be transferred to falconers in other jurisdictions, transferred to captive
propagation programs, permanently released to the wild (if that is allowed by the State and by this
section), or euthanized. However, you may not permanently release hybrid raptors to the wild.
(c) Practicing falconry.
(1) Practicing falconry where you reside.
If your legal
residence is in
(i) the District of
Columbia, Hawaii, on
you may
not practice falconry
because your place
of residence
has not met the
Federal falconry
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 22 of 75
any tribal land, or in
any U.S. territory,
standards or does
not allow the practice
of falconry.
(ii) any State other than practice falconry after you
has met the Federal
Hawaii, in the District of receive your State, tribal, or
standards and allows
Columbia, on any tribal territorial falconry permit, if
the practice of
land, or in any U.S.
your State, tribe, or territory is falconry.
territory,
in compliance with these
regulations
(2) Permits and inspections to practice falconry. You must have a valid falconry permit from the State,
tribe, or territory in which you reside (or the tribe on whose land you wish to practice falconry if you
reside on tribal land or are a tribal member), to take, possess, or transport raptors for falconry, or to hunt
with them. Depending on the game you hunt as a falconer and where you hunt, you also may need a
Federal Migratory Bird Hunting and Conservation Stamp (a “Duck Stamp”), and State, tribal, or territorial
hunting permits or stamps to hunt with a raptor.
(i) Some State, tribal, territorial, or local governments may require you to have additional permits or
licenses to practice falconry or to take a raptor from the wild.
(ii) You must comply with all regulations governing migratory bird permitting.
(iii) If you reside for more than 120 consecutive days in a State or territory or on tribal lands other than
the location of your primary residence, your falconry facilities in the second location must meet the
standards in paragraph (d) of this section and of the corresponding State, tribal, or territorial lands, and
your facilities must be listed on your falconry permit.
(3) Classes of permit to practice falconry. We recognize Apprentice, General, and Master Falconer
levels. Each State, tribe, or territory may have any number of permit levels, but the standards for them
must be at least as restrictive as these Federal standards. Your State, tribe, or territory may have more
restrictive laws or regulations governing falconry.
(i) Requirements and possession options for an Apprentice Falconer.
(A) You must be at least 12 years of age.
(B) If you are under 18 years of age, a parent or legal guardian must sign your application and is legally
responsible for your activities.
(C) You must have a letter from a Master Falconer or a General Falconer with a valid State, tribal, or
territorial falconry permit who is at least 18 years old and has at least 2 years experience at the General
Falconer level, stating that he or she will assist you, as necessary, in:
(1) Learning about the husbandry and training of raptors held for falconry;
(2) Learning and about relevant wildlife laws and regulations, and
(3) Deciding what species of raptor is appropriate for you to possess while an Apprentice.
(D) Regardless of the number of State, tribal, or territorial falconry permits you have, you may possess
no more than one raptor for use in falconry.
(E) You may possess a wild-caught or captive-bred raptor of any Falconiform or Strigiform species
except the following: American swallow-tailed kite ( Elanoides forficatus ), bald eagle ( Haliaeetus
leucocephalus ), white-tailed eagle ( Haliaeetus albicilla ), Steller's sea-eagle ( Haliaeetus pelagicus ),
northern harrier ( Circus cyaneus ), Swainson's hawk ( Buteo swainsoni ), ferruginous hawk ( Buteo
regalis ), golden eagle ( Aquila chrysaetos ), peregrine falcon ( Falco peregrinus ), prairie falcon ( Falco
mexicanus ), flammulated owl ( Otus flammeolus ), burrowing owl ( Athene cunicularia ), and short-eared
owl ( Asio flammeus ).
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 23 of 75
(F) You do not need to capture a wild raptor yourself; it can be transferred to you by another falconry
permittee.
(G) You may not possess a raptor taken from the wild as a nestling.
(H) You may not possess a bird that is imprinted on humans.
(I) Your raptor facilities must pass inspection by your State, tribe, or territory before you may be granted
a permit.
(ii) Requirements and possession options for a General Falconer.
(A) You must be at least 16 years of age.
(B) If you are 16 or 17 years of age, a parent or legal guardian must sign your application and must be
legally responsible for your activities.
(C) You must submit a document from a General Falconer or Master Falconer (preferably your sponsor)
to your State, tribal, or territorial wildlife agency stating that you have practiced falconry with wild raptor
(s) at the Apprentice Falconer level or equivalent for at least 2 years, including maintaining, training,
flying, and hunting the raptor(s) for least 4 months in each year. That practice may include capture and
release of falconry raptors.
(D) You may not substitute any falconry school program or education to shorten the period of 2 years at
the Apprentice level.
(E) You may take and possess any species of Falconiform or Strigiform except a golden eagle, a bald
eagle, a white-tailed eagle, or a Steller's sea-eagle. You may use captive-bred individuals and hybrids of
the species you are allowed to possess.
(F) Regardless of the number of State, tribal, or territorial falconry permits you have, you may possess
no more than 3 raptors.
(iii) Requirements and possession options for a Master Falconer.
(A) You must have practiced falconry with your own raptor(s) at the General Falconer level for at least 5
years.
(B) You may take and possess any species of Falconiform or Strigiform except a bald eagle. However,
you may take and possess a golden eagle, a white-tailed eagle, or a Steller's sea eagle only if you meet
the qualifications set forth under paragraph (c)(3)(iv).
(C) You may possess any captive-bred individuals or hybrids of species your State, tribe, or territory
allows you to possess.
(D) Regardless of the number of State, tribal, or territorial falconry permits you have, you may possess
no more than 5 wild raptors, including golden eagles.
(E) You may possess any number of captive-bred raptors. However, you must train them in the pursuit
of wild game and use them in hunting.
(iv) If you meet the requirements in paragraph (c) of this section for falconry you may possess up to 3
eagles of the following species: golden eagle, white-tailed eagle, or Steller's sea eagle.
(A) Your State, tribal, or territorial agency that regulates falconry must document the following before
approving your request to possess an eagle to use in falconry:
(1) Your experience in handling large raptors, including information about the species you have handled
and the type and duration of the activity in which you gained the experience.
(2) At least two letters of reference from people with experience handling and/or flying large raptors such
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 24 of 75
as eagles, ferruginous hawks (Buteo regalis), goshawks ( Accipiter gentilis ), or great horned owls
( Bubo virginianus ). Each must contain a concise history of the author's experience with large raptors,
which can include, but is not limited to, handling of raptors held by zoos, rehabilitating large raptors, or
scientific studies involving large raptors. Each letter must also assess your ability to care for eagles and
fly them in falconry.
(B) A golden eagle, white-tailed eagle, or Steller's sea-eagle you hold will count as one of the raptors
you are allowed to possess.
(4) Taking a test to qualify for a falconry permit. Before you are issued an Apprentice permit you must
correctly answer at least 80 percent of the questions on an examination administered by the State, tribe,
or territory under which you wish to obtain a falconry permit. The examination must cover care and
handling of falconry raptors, Federal, State or territorial, and tribal (if applicable) laws and regulations
relevant to falconry, and other appropriate subject matter. Contact your State, tribal, or territorial agency
that regulates falconry for information about permits and taking the test.
(5) Reinstatement of a lapsed falconry permit if your State, tribe, or territory allows it.
(i) If your permit has lapsed for fewer than 5 years, it may be reinstated at the level you held previously if
you have proof of your certification at that level.
(ii) If your permit has lapsed for 5 years or longer, you must correctly answer at least 80 percent of the
questions on an examination administered by the State, tribe, or territory in which you wish to obtain a
falconry permit. If you pass the exam, your permit may be reinstated at the level you previously held.
Your facilities must pass State, tribal, or territorial inspection before you may possess a falconry bird.
(6) Permit to practice falconry at an appropriate level if you have experience in falconry but are a new
resident in the United States. You may qualify for the falconry permit appropriate for your experience. To
demonstrate your knowledge of U.S. falconry laws and regulations, you must correctly answer at least
80 percent of the questions on the supervised examination for falconers administered by the State, tribe,
or territory under which you wish to obtain a falconry permit. If you pass the test, the State, tribe, or
territory will decide for which level of falconry permit you are qualified, consistent with the class
requirements in paragraph (c)(3) of this section. To do so, the State, tribe, or territory should base its
decision on your documentation of your experience. Your falconry facilities must meet the standards in
paragraph (d)(1) of this section before you may keep a raptor to use in falconry.
(7) Banding or tagging raptors used in falconry.
(i) If you take a goshawk, Harris's hawk ( Parabuteo unicinctus ), peregrine falcon, or gyrfalcon ( Falco
rusticolus ) from the wild or acquire one from a rehabilitator, you must band the raptor with a permanent,
nonreusable, numbered Fish and Wildlife Service leg band that your State, tribal, or territorial agency will
supply. If you wish, you may purchase and implant an ISO (International Organization for
Standardization)-compliant (134.2 kHz) microchip in the bird in lieu of a band. You must report the band
number and/or microchip information when you report your acquisition of the bird. Contact your State,
tribal, or territorial agency for information on obtaining and disposing of bands. Within 10 days from the
day on which you take the raptor from the wild, you must report take of the bird by entering the required
information (including band number and/or microchip information) in the electronic database at
http://permits.fws.gov/186A or by submitting a paper form 3-186A to your State, tribal, or territorial
agency that governs falconry. You may request an appropriate band from your State, tribal, or territorial
agency in advance of any effort to capture a raptor. Your State, tribe, or territory may require that you
band other species taken from the wild.
(ii) A raptor bred in captivity must be banded with a seamless metal band (see § 21.30) or have an
implanted ISO-compliant (134.2 kHz) microchip. If you must remove a seamless band or if it is lost,
within 10 days from the day you remove or note the loss of the band you must report it and request a
replacement U.S. Fish and Wildlife Service nonreusable band from your State, tribe, or territory. You
must submit the required information electronically immediately upon rebanding or microchipping the
raptor at http://permits.fws.gov/186A, and by submitting a paper form 3-186A to your State, tribal, or
territorial agency that governs falconry if your regulating agency requires a signed form. You must
replace a band that is removed or lost, or you may implant an ISO-compliant (134.2 kHz) microchip in
the bird and report the microchip information at http://permits.fws.gov/186A or by submitting a paper
form 3-186A form submitted to your State, tribal, or territorial agency that governs falconry.
(iii) If the band must be removed or is lost from a raptor in your possession, you must report the loss of
the band within 5 days, and you must then do at least one of the following:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 25 of 75
(A) Request a U.S. Fish and Wildlife Service nonreusable band from your State, tribal, or territorial
agency that regulates falconry. You must submit the required information immediately upon rebanding
the raptor at http://permits.fws.gov/186A or by submitting a paper form 3-186A to your State, tribal, or
territorial agency that governs falconry.
(B) Purchase and implant an ISO-compliant (134.2 kHz) microchip in the bird and report the microchip
information at http://permits.fws.gov/186A or by submitting a paper form 3-186A form to your State,
tribal, or territorial agency that governs falconry.
(iv) You must not alter, deface, or counterfeit a band. You may remove the rear tab on a band on a
raptor you take from the wild, and you may smooth any imperfect surface if you do not affect the integrity
of the band or the numbering on it.
(v) If you document health or injury problems for a raptor you possess that are caused by the band, the
State, tribe, or territory may provide an exemption to the requirement for that raptor. In that case, you
must keep a copy of the exemption paperwork with you when transporting or flying the raptor. If your bird
is a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon, you must replace the band with an ISOcompliant microchip that we will supply to your State, tribe, or territory. We will not provide a microchip
for a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon unless you have demonstrated that a
band causes an injury or a health problem for the bird.
(vi) You may not band a raptor removed from the wild with a seamless numbered band.
(8) Carrying your permit(s) when conducting falconry activities. You must have your permit(s) or legible
copies of them in your immediate possession if you are not at the location of your falconry facilities and
you are trapping, transporting, working with, or flying your falconry raptor(s).
(9) Transporting a falconry raptor or raptors to other States or territories. If you have a valid falconry
permit, you may possess and transport for falconry purposes a lawfully possessed raptor through other
States or territories. However, any State, tribe, or territory may further regulate such transport.
(d) Facilities and care requirements.
(1) Facilities you must have and maintain . You must keep all raptors you hold under your falconry
permit in humane and healthful conditions.
(i) Whether they are indoors (a “mews”) or outdoors (a “weathering area”), your raptor facilities must
protect raptors in them from the environment, predators, and domestic animals. You are responsible for
the maintenance and security (protection from predators) of raptors you possess under your permit.
(ii) You must have raptor housing facilities approved by your State, tribe, or territory before you may
obtain a bird to use in falconry. Your State, tribe, or territory may require that you have both indoor and
outdoor facilities. A representative of your agency that regulates falconry, or its designee, must certify
that your facilities and equipment meet the following standards:
(A) For housing wild raptors indoors or outdoors, the facility must protect raptors from predators and
domestic animals.
(1) The facility must have a suitable perch for each raptor, at least one opening for sunlight, and must
provide a healthy environment for raptors inside.
(2) You may house untethered raptors together if they are compatible with each other.
(3) Each raptor must have an area large enough to allow it to fly if it is untethered or, if tethered, to fully
extend its wings or bate (attempt to fly while tethered) without damaging its feathers or contacting other
raptors.
(4) Each raptor must have a pan of clean water available.
(B) An indoor facility must be large enough to allow easy access for the care and feeding of raptors kept
there.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 26 of 75
(1) If raptors you house in this indoor facility are not tethered, all walls that are not solid must be
protected on the inside. Suitable materials may include vertical bars spaced narrower than the width of
the body of the smallest raptor you house in the enclosure. However, heavy-duty netting or other such
materials may be used to cover the walls or roof of the enclosure.
(2) Acceptable indoor facilities include shelf perch enclosures where raptors are tethered side by side.
Other innovative housing systems are acceptable if they provide the enclosed raptors with protection
and maintain healthy feathers.
(C) You may keep a falconry raptor or raptors inside your place of residence if you provide a suitable
perch or perches. If you house your raptor(s) inside your home, you do not need to modify windows or
other openings of the structure. Raptors kept in your home must be tethered when they are not being
moved into or out of the location in which they are kept.
(D) An outdoor facility must be totally enclosed, and may be made of heavy-gauge wire, heavy-duty
plastic mesh, slats, pipe, wood, or other suitable material.
(1) The facility must be covered and have at least a covered perch to protect a raptor held in it from
predators and weather.
(2) The facility must be large enough to insure that the birds cannot strike the enclosure when flying from
the perch.
(3) New types of housing facilities and/or husbandry practices may be used if they satisfy the
requirements above and are approved by the State, tribal, or territorial authority regulating falconry.
(iii) You may keep falconry raptors outside in the open if they are under watch, such as by you or a
family member at any location or, for example, by a designated individual in a weathering yard at a
falconry meet.
(iv) You must inform your State, tribal, or territorial agency within 5 business days if you change the
location of your facilities.
(2) Falconry facilities on property you do not own .
(i) Your falconry facilities may be on property owned by another person where you reside, or at a
different location. Regardless of location, the facilities must meet the standards in paragraph (d)(1) of
this section and those of the State, tribe, or territory from which you have a falconry permit.
(ii) You must submit to your State, tribal, or territorial agency that regulates falconry a signed and dated
statement showing that you or the property owner (if your facilities are not on property that you own)
agrees that the falconry facilities, equipment, and raptors may be inspected without advance notice by
State, tribal (if applicable), or territorial authorities at any reasonable time of day. Inspections must be in
the presence of the permittee.
(3) Equipment you must have and maintain. You must have jesses or the materials and equipment to
make them, leash and swivel, bath container, and appropriate scales or balances for weighing raptor(s)
you possess.
(4) Facilities you must have for a raptor when you are transporting it, using it for hunting, or are away
from your home with it. You must be sure that the bird has a suitable perch and is protected from
extreme temperatures, wind, and excessive disturbance. A “giant hood” or similar container is
acceptable for transporting or housing a raptor when you are away from your home.
(5) Temporarily housing a raptor outside of your permanent facilities when you are not transporting it or
using it for hunting. You may house a raptor in temporary facilities for no more than 120 consecutive
calendar days if the bird has a suitable perch and is protected from predators, domestic animals,
extreme temperatures, wind, and excessive disturbance.
(6) Care of falconry raptors by another falconry permittee . Another falconry permittee may care for a
raptor or raptors for you at your facilities or at that person's facilities for up to 120 consecutive calendar
days. The other person must have a signed and dated statement from you authorizing the temporary
possession, plus a copy of FWS form 3-186A that shows that you are the possessor of each of the
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 27 of 75
raptors. The statement must include information about the time period for which he or she will keep the
raptor(s), and about what he or she is allowed to do with it or them.
(i) Your raptor(s) will remain on your falconry permit, and will not be counted against the possession limit
of the person caring for your raptors.
(ii) If the person caring for your raptor(s) holds the appropriate level falconry permit, he or she may fly
your raptor(s) in whatever way you authorize, including hunting.
(iii) This care of your raptors may be extended indefinitely in extenuating circumstances, such as illness,
military service, or for a family emergency. The State, tribe, or territory may consider such instances on
a case-by-case basis.
(7) Care of falconry raptors by someone who does not have a falconry permit. Another person may care
for falconry birds you possess at your facilities for up to 45 consecutive calendar days.
(i) The raptor(s) will remain on your falconry permit.
(ii) The raptors must remain in your facilities.
(iii) This care may be extended indefinitely in extenuating circumstances, such as illness, military
service, or for a family emergency.
(iv) The person(s) caring for your raptors may not fly them for any reason.
(8) Residence part of the year in another jurisdiction.
(i) The State, tribe, or territory in which you live part-time may require that you obtain its falconry permit.
You must contact the State, tribal, or territorial agency that regulates falconry to determine whether you
need a permit.
(ii) If you live for more than 120 consecutive days in a State or territory or on tribal lands other than
where you maintain your primary residence, your falconry facilities in the second State must meet the
standards in this section.
(9) Falconry facilities, raptors, equipment, and records inspections. Falconry bird(s), facilities,
equipment, and records may be inspected only in the presence of the permittee, during business hours
on any day of the week by State, tribal, or territorial officials.
(e) Taking, possessing, and transporting raptors for falconry.
(1) Raptor species you may take from the wild to use for falconry.
(i) You may not intentionally capture a raptor species that your classification as a falconer does not allow
you to possess for falconry. If you capture a bird you are not allowed to possess, you must release it
immediately.
(ii) On some tribal lands and in some States there may be State, tribal, or Federal restrictions on the
take or use of these species, and you may need a tribal or State permit or permits to capture a bird.
(iii) State, tribal, or territorial regulations on take may be more restrictive than those in this section.
(iv) Take of any species must be in compliance with these regulations.
(v) If you are a Master Falconer and your State, tribe, or territory allows you to possess golden eagles, in
any year you may take one or two golden eagles from the wild only in a livestock depredation area
during the time the depredation area is in effect. A livestock depredation area is declared by U.S.D.A.
Wildlife Services or upon the request of a State governor.
(2) How and when you may take raptors from the wild to use in falconry. You may take no more than two
raptors from the wild each year to use in falconry.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 28 of 75
(i) If you transfer a bird you take from the wild to another permittee in the same year in which you
capture it, the bird will count as one of the raptors you are allowed to take from the wild that year; it will
not count as a capture by the recipient, though it will always be considered a wild bird.
(ii) If you are a General or Master Falconer, you may remove nestlings from a nest or aerie in
accordance with tribal (if applicable), State, territorial, and Federal restrictions.
(iii) You may not take raptors at any time or in any manner that violates any law of the State, tribe, or
territory on whose land you are trapping.
(iv) If you are responsible for reporting take of a raptor from the wild, you can report by entering the
required information in the electronic database at http://permits.fws.gov/186A or by submitting a paper
form 3-186A to your State, tribal, or territorial agency that governs falconry. You must do this at your first
opportunity to do so, but no later than 10 days after the capture of the bird.
(v) If you are present at the capture site, even if another person captures the bird for you, you are
considered the person who removes the bird from the wild. You are responsible for filing a 3-186A form
reporting take of the bird from the wild. This would occur, for example, if another person climbs a tree or
rappells down a cliff and takes a nestling for you and gives it to you at the tree or cliff.
(vi) If you are not at the immediate location where the bird is taken from the wild, the person who
removes the bird from the wild must be a General or Master Falconer, and must report take of the bird. If
that person then transfers the bird to you, you must both file 3-186A forms reporting the transaction at
your first opportunity to do so, but no later than 10 days after the transfer. The bird will count as one of
the two raptors the person who took it from the wild is allowed to capture in any year. The bird will not
count as a bird you took from the wild. The person who takes the bird from the wild must report the take
even if he or she promptly transfers the bird to you.
(vii) If you have a long-term or permanent physical impairment that prevents you from attending the
capture of a species you can use for falconry, a General or Master Falconer may capture a bird for you.
You are then responsible for filing a 3-186A form reporting take of the bird from the wild, and the bird will
count against the take of wild raptors that you are allowed in any year.
(viii) You must promptly release any bird you capture unintentionally.
(3) Other restrictions on taking raptors from the wild for falconry.
(i) If you are an Apprentice Falconer, you may take any species from the wild except the following:
American swallow-tailed kite, bald eagle, white-tailed eagle, Steller's sea-eagle, northern harrier,
Swainson's hawk, ferruginous hawk, golden eagle, peregrine falcon, prairie falcon, flammulated owl,
burrowing owl, and short-eared owl.
(ii) If you are a General or Master Falconer, you may take raptors less than 1 year of age from the wild
during any period or periods specified by the State, tribe, or territory. However, you may take an
American kestrel or great horned owl of any age from the wild during any period or periods specified by
the State, tribe, or territory.
(iii) If you are a Master Falconer authorized to possess golden eagles for use in falconry, you may
capture an immature or subadult golden eagle in a livestock depredation area during the time the
depredation area is in effect.
(A) You may capture a nesting adult golden eagle, or take a nestling from its nest, in a livestock
depredation area if a biologist representing the agency responsible for declaring the depredation area
has determined that the adult eagle is preying on livestock.
(B) You must determine the locations of the livestock depredation areas declared by USDA Wildlife
Services, or the State that has established a livestock depredation area. We will not notify you about
them.
(C) Before you begin any trapping activities, you must inform our regional Law Enforcement office of
your capture plans. You must notify the offices in person, in writing, or via facsimile or email at least 3
business days before you start trapping. You may send an email to with your trapping plans to
[email protected] , or
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 29 of 75
If you plan to trap a golden eagle in
you must notify
(1) California, Idaho, Nevada, Oregon, or Washington, U.S. Fish and Wildlife
Service
Special Agent in
Charge - Law
Enforcement
911 NE 11th Avenue
Portland, Oregon
97232-4181
503-231-6125
facsimile 503-2316197
(2) Arizona, New Mexico, Oklahoma, or Texas,
U.S. Fish and Wildlife
Service
Special Agent in
Charge - Law
Enforcement
P.O. Box 329
Albuquerque,
New Mexico 87103
505-248-7889
facsimile 505-2487899
(3) Illinois, Indiana, Iowa, Kentucky, Michigan,
U.S. Fish and Wildlife
Minnesota, Missouri, Ohio, or Wisconsin,
Service
Special Agent in
Charge - Law
Enforcement
P.O. Box 45
Federal Building
Fort Snelling,
Minnesota
55111-0045
612-713-5320
facsimile 612-7135283
(4) Alabama, Arkansas, Florida, Georgia, Kentucky,
U.S. Fish and Wildlife
Louisiana, Mississippi, North Carolina, South
Service
Carolina, or Tennessee,
Special Agent in
Charge - Law
Enforcement
P.O. Box 49226
Atlanta, Georgia
30359
404-679-7057
facsimile 404-6797065
(5) Connecticut, Delaware, Maine, Maryland,
U.S. Fish and Wildlife
Massachusetts, New Hampshire, New Jersey, New
Service
York, Pennsylvania, Rhode Island, Vermont, Virginia, Special Agent in
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
or West Virginia,
(6) Colorado, Kansas, Montana, Nebraska, North
Dakota, South Dakota, Utah, or Wyoming,
(7) Alaska,
Page 30 of 75
Charge - Law
Enforcement
P.O. Box 659
Hadley,
Massachusetts
01035-0659
413-253-8274
facsimile 413-2538459
U.S. Fish and Wildlife
Service
Special Agent in
Charge - Law
Enforcement
P.O. Box 25486
Denver Federal
Center
(60130)
Denver, Colorado
80225-0486
303-236-7540
facsimile 303-2367901
U.S. Fish and Wildlife
Service
Special Agent in
Charge - Law
Enforcement
1011 East Tudor
Road
Suite 155
Anchorage, Alaska
99503-6199
907-786-3311
facsimile 907-7863313
(D) You also must meet all requirements of the State or territory in which you plan to trap, or the tribe on
whose lands you plan to trap.
(E) You must have permission from the landowner to capture an eagle; or if you wish to capture one on
public land, the responsible agency must allow it.
(iv) You may recapture a falconry bird you have lost at any time. We do not consider recapture of a wild
bird to be taking a bird from the wild.
(v) You may recapture a raptor wearing falconry equipment or a captive-bred bird at any time - even if
you are not allowed to possess the species. The bird will not count against your possession limit, nor will
its take from the wild count against your limit. You must report your recapture of the bird to your State,
tribal, or territorial agency that regulates falconry no more than 5 working days after the recapture. You
must return a recaptured falconry bird to the person who lost it, if that person may legally possess it.
Disposition of a bird whose legal possession cannot be determined will be at the discretion of the State,
tribe, or territory.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 31 of 75
(vi) You may take any raptor that you are authorized to possess from the wild if the bird is banded with a
Federal Bird Banding Laboratory aluminum bandexcept that you may not take a banded peregrine
falcon from the wild.
(A) If a raptor (including a peregrine falcon) you capture is marked with a seamless metal band, a
transmitter, or any other item identifying it as a falconry bird, you must report your capture of the bird to
your State, tribal, or territorial agency that regulates falconry no more than 5 working days after the
capture. You must return a recaptured falconry bird to the person who lost it. If that person cannot
possess the bird or does not wish to possess it, you may keep it. Otherwise, disposition of a bird whose
legal possession cannot be determined will be at the discretion of the State, tribe, or territory. While you
keep a bird for return to the person who lost it, the bird will not count against your possession limit or
your limit on take of raptors from the wild if you have reported possessing the bird to your State, tribal, or
territorial falconry permit office.
(B) If you capture a peregrine falcon that has a research band (such as a colored band with
alphanumeric codes) or a research marking attached to it, you must immediately release the bird, except
that if the falcon has a transmitter attached to it, you are authorized to possess the bird up to 30 days if
you wish to contact the researcher to determine if he or she wishes to replace the transmitter or its
batteries. If the researcher wishes to do so, or to have the transmitter removed, the researcher or his or
her designee can make the change or allow you to do so before you release the bird. If the researcher
does not wish to keep the transmitter on the falcon, you may keep the bird if you captured it in
circumstances in which capture of wild peregrines is allowed.
(C) If a raptor you capture has any other band, research marking, or transmitter attached to it, you must
promptly report the band numbers and all other relevant information to the Federal Bird Banding
Laboratory at 1-800-327-2263.
(1) You may contact the researcher and determine if he or she wishes to replace a transmitter attached
to a bird you capture. If so, you are authorized to possess the bird up to 30 days until the researcher or
his or her designee does so, or until you can replace it yourself. Disposition of the bird will be at the
discretion of the researcher and your State, tribal, or territorial agency that regulates falconry.
(2) If you possess such a bird temporarily, it will not count against your possession limit for falconry
raptors.
(vii) You must leave at least one young from any nest or aerie from which you take a nestling.
(viii) If you are an Apprentice Falconer, you may not take a nestling from the wild.
(ix) If you are a Master Falconer with a permit to do so, you may take, transport, or possess up to three
eagles, including golden eagles, white-tailed eagles, or Steller's sea-eagles, subject to the requirements
in paragraph (c)(3)(iv) of this section and § 22.24 of this part. A golden eagle, white-tailed eagle, or
Steller's sea-eagle you possess counts as a bird to be included under your possession limit.
(x) If you are a General or Master Falconer, you may take no more than one bird of a threatened species
from the wild each year if the regulations in part 17 of this subchapter allow it and if you obtain a Federal
endangered species permit to do so before you take the bird. You also may need a State, tribal, or
territorial endangered species permit to take a listed species.
(4) Take of a species or subspecies that was recently removed from the Federal List of Endangered and
Threatened Wildlife to use in falconry. We must first publish a management plan for the species. If take
is allowed in the management plan, you may do so in accordance with the provisions for take in the plan.
(5) Raptors injured due to falconer trapping efforts. You have two options for dealing with a bird injured
by your trapping efforts. In either case, you are responsible for the costs of care and rehabilitation of the
bird.
(i) You may put the bird on your falconry permit. You must report take of the bird by entering the required
information in the electronic database at http://permits.fws.gov/186A or by submitting a paper form 3186A to your State, tribal, or territorial agency that governs falconry at your first opportunity to do so, but
no more than 10 days after capture of the bird. You must then have the bird treated by a veterinarian or
a permitted wildlife rehabilitator. The bird will count against your possession limit.
(ii) You may give the bird directly to a veterinarian, or a permitted wildlife rehabilitator, or an appropriate
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 32 of 75
wildlife agency employee. If you do so, it will not count against your allowed take or the number of
raptors you may possess.
(6) Acquisition, transfer, release, loss, or rebanding of a raptor.
(i) If you acquire a raptor; transfer, reband, or microchip a raptor; if a raptor you possess is stolen; if you
lose a raptor to the wild and you do not recover it within 30 days; or if a bird you possess for falconry
dies; you must report the change within 10 days by entering the required information in the electronic
database at http://permits.fws.gov/186A or by submitting a paper form 3-186A to your State, tribal, or
territorial agency that governs falconry.
(ii) If a raptor you possess is stolen, you must report the theft to your State, tribal, or territorial agency
that regulates falconry and to your Fish and Wildlife Service Regional Law Enforcement office (see
paragraph (e)(3)(iii)(C) of this section) within 10 days of the theft of the bird.
(iii) You must keep copies of all electronic database submissions documenting take, transfer, loss,
rebanding or microchipping of each falconry raptor until 5 years after you have transferred or lost the
bird, or it has died.
(7) Acquiring a bird for falconry from a permitted rehabilitator. You may acquire a raptor of any age of a
species that you are permitted to possess directly from a rehabilitator. Transfer to you is at the discretion
of the rehabilitator.
(i) If you acquire a bird from a rehabilitator, within 10 days of the transaction you must report it by
entering the required information in the electronic database at http://permits.fws.gov/186A or by
submitting a paper form 3-186A to your State, tribal, or territorial agency that governs falconry.
(ii) If you acquire a bird from a rehabilitator, it will count as one of the raptors you are allowed to take
from the wild that year.
(8) Flying a hybrid raptor in falconry. When flown free, a hybrid raptor must have at least two attached
radio transmitters to help you to locate the bird.
(9) Releasing a falconry bird to the wild. You must follow all applicable State or territorial and Federal
laws and regulations before releasing a falconry bird to the wild.
(i) If the species you wish to release is not native to the State or territory, or is a hybrid of any kind, you
may not release the bird to the wild. You may transfer it to another falconry permittee.
(ii) If the species you wish to release is native to the State or territory and is captive-bred, you may not
release the bird to the wild unless you have permission from the State, tribe, or territory to release the
bird. If you are permitted to do so, you must hack the bird (allow it to adjust) to the wild at an appropriate
time of year and an appropriate location. You must remove its falconry band (if it has one) and report
release of the bird by entering the required information in the electronic database at
http://permits.fws.gov/186A or by submitting a paper form 3-186A to your State, tribal, or territorial
agency that governs falconry.
(iii) If the species you wish to release is native to the State and was taken from the wild, you may release
the bird only at an appropriate time of year and an appropriate location. You must remove its falconry
band and report release of the bird by entering the required information in the electronic database at
http://permits.fws.gov/186A or by submitting a paper form 3-186A to your State, tribal, or territorial
agency that governs falconry.
(iv) You may not permanently release hybrid raptors to the wild.
(10) Restrictions on transfers of falconry raptors from other falconers. We do not restrict the number of
wild-caught or captive-bred raptors transferred to you, but you may not exceed your possession limit.
(f) Additional information on the practice of falconry.
(1) Raptors removed from the wild for falconry are always considered “wild” raptors. No matter how long
such a bird is held in captivity or whether it is transferred to another permittee or permit type, it is always
considered a “wild” bird. However, it is considered to be taken from the wild only by the person who
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 33 of 75
originally captured it. We do not consider the raptor to be taken from the wild by any subsequent
permittee to whom it is legally transferred.
(2) “Hacking” of falconry raptors . Hacking (temporary release to the wild) is an approved method for
falconers to condition raptors for falconry. If you are a General Falconer or a Master Falconer, you may
hack a falconry raptor or raptors.
(i) You may need permission from your State, tribal, or territorial wildlife agency to hack a bird you
possess for falconry. Check with your State, tribal, or territorial agency that regulates falconry to
determine if hacking is allowed.
(ii) Any bird you are hacking counts against your possession limit and must be a species you are
authorized to possess.
(iii) Any hybrid you hack must have two attached functioning radio transmitters during hacking.
(iv) You may not hack a falconry bird near a nesting area of a Federally threatened or endangered bird
species or in any other location where the raptor is likely to harm a Federally listed threatened or
endangered animal species that might be disturbed or taken by your falconry bird. You should contact
your State or territorial wildlife agency before hacking a falconry bird to ensure that this does not occur.
You can contact the State Fish and Wildlife Service office in your State or territory for information on
Federally-listed species.
(3) Use of other falconry training or conditioning techniques. You may use other acceptable falconry
practices, such as, but not limited to, the use of creance (tethered) flying, lures, balloons, or kites in
training or conditioning falconry raptors. You also may fly falconry birds at bird species not protected
under the Migratory Bird Treaty Act or at pen-raised animals.
(4) Selling or trading raptors under a falconry permit.
(i) If allowed by your State, tribe or territory, you may sell, purchase, or barter, or offer to sell, purchase,
or barter captive-bred raptors marked with seamless bands to other permittees who are authorized to
possess them.
(ii) You may not purchase, sell, trade, or barter wild raptors. You may only transfer them.
(5) Transfer of wild-caught raptors captured for falconry to another type of permit. Under some
circumstances you may transfer a raptor to another permit type if the recipient of the bird (which could
be you) possesses the necessary permits for the other activity.
(i) If your State, tribe, or territory allows you to do so, you may transfer a wild-caught falconry bird to a
raptor propagation permit after the bird has been used in falconry for at least 2 years (1 year for a sharpshinned hawk, a Cooper's hawk, a merlin, or an American kestrel). When you transfer the bird, you must
provide a copy of the 3-186A form documenting acquisition of the bird by the propagator to the Federal
migratory bird permit office that administers the propagation permit.
(ii) You may transfer a wild-caught bird to another permit type in less than 2 years (1 year for a sharpshinned hawk, a Cooper's hawk, a merlin, or an American kestrel) if the bird has been injured and a
veterinarian or permitted wildlife rehabilitator has determined that the bird can no longer be flown for
falconry.
(A) When you transfer the bird, you must provide a copy of the 3-186A form documenting acquisition of
the bird to the Federal migratory bird permit office that administers the other permit type.
(B) When you transfer the bird, you must provide a copy of the certification from the veterinarian or
rehabilitator that the bird is not useable in falconry to the Federal migratory bird permits office that
administers the other permit type.
(6) Transfer of captive-bred falconry raptors to another type of permit . You may transfer captive-bred
falconry raptors if the holder of the other permit type is authorized to possess the bird(s). Within 10 days
you must report the transfer by entering the required information in the electronic database at
http://permits.fws.gov/186A or by submitting a standard paper form 3-186A to your State, tribal, or
territorial agency that governs falconry.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 34 of 75
(7) Use of raptors held under a falconry permit in captive propagation . You may use raptors you
possess for falconry in captive propagation if you or the person overseeing the propagation has the
necessary permit(s) (see § 21.30). You do not need to transfer a bird from your falconry permit if you
use it for fewer than 8 months in a year in captive propagation, but you must do so if you permanently
transfer the bird for propagation. The bird must then be banded as required in § 21.30.
(8) Use of falconry raptors in conservation education programs . If you are a General or Master
Falconer, you may use a bird you possess in conservation education programs presented in public
venues.
(i) You do not need a Federal education permit to conduct conservation education activities using a
falconry raptor held under a State, tribal, or territorial falconry permit.
(ii) You may present conservation programs as an Apprentice Falconer if you are under the supervision
of a General or Master Falconer when you do so.
(iii) You must use the bird primarily for falconry.
(iv) You may charge a fee for presentation of a conservation education program. The fee may not
exceed the amount required to recoup your costs.
(v) In conservation education programs, you must provide information about the biology, ecological
roles, and conservation needs of raptors and other migratory birds, although not all of these topics must
be addressed in every presentation. You may not give presentations that do not address falconry and
conservation education.
(vi) You are responsible for all liability associated with conservation education activities you undertake
( see 50 CFR 13.50).
(9) Other educational uses of falconry raptors . You may allow photography, filming, or other such uses
of falconry raptors to make movies or other sources of information on the practice of falconry or on the
biology, ecological roles, and conservation needs of raptors and other migratory birds, though you may
not be paid for doing so.
(i) You may not use falconry raptors to make movies, commercials, or in other commercial ventures that
are not related to falconry.
(ii) You may not use falconry raptors for entertainment; advertisements; promotion or endorsement of
any products, merchandise, goods, services, meetings, or fairs; or as a representation of any business,
company, corporation, or other organization.
(10) Assisting in rehabilitation of raptors to prepare them for release . If your State, tribe, or territory
allows you to do so, and if you are a General or Master Falconer, you may assist a permitted migratory
bird rehabilitator to condition raptors in preparation for their release to the wild. You may keep a bird you
are helping to rehabilitate in your facilities.
(i) The rehabilitator must provide you with a letter or form that identifies the bird and explains that you
are assisting in its rehabilitation.
(ii) You do not need to meet the rehabilitator facility standards. You need only meet the facility standards
in this section; your facilities are not subject to inspection for compliance with the standards in § 21.31.
(iii) You do not have to add any raptor you possess for this purpose to your falconry permit; it will remain
under the permit of the rehabilitator.
(iv) You must return any such bird that cannot be permanently released to the wild to the rehabilitator for
placement within the 180–day timeframe in which the rehabilitator is authorized to possess the bird,
unless the issuing office authorizes you to retain the bird for longer than 180 days.
(v) Upon coordination with the rehabilitator, you must release all releaseable raptors to the wild or return
them to the rehabilitator for release within the 180–day timeframe in which the rehabilitator is authorized
to possess the birds, unless the issuing office authorizes you to retain and condition a bird for longer
than 180 days, or unless the rehabilitator transfers the bird to you to hold under your falconry permit.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 35 of 75
(11) Using a falconry bird in abatement activities.
(i) If you are a Master Falconer, you may conduct abatement activities with a bird or birds you possess
for falconry, if you have a Special Purpose Abatement permit. If you are a General Falconer, you may
conduct abatement activities only as a subpermittee of the holder of the abatement permit.
(ii) You may receive payment for providing abatement services if you have a Special Purpose
Abatement permit.
(12) Feathers that a falconry bird or birds molts.
(i) For imping (replacing a damaged feather with a molted feather), you may possess flight feathers for
each species of raptor you possess or previously held for as long as you have a valid falconry permit.
You may receive feathers for imping from other permitted falconers, wildlife rehabilitators, or propagators
in the United States, and you may give feathers to them. You may not buy, sell, or barter such feathers.
(ii) You may donate feathers from a falconry bird, except golden eagle feathers, to any person or
institution with a valid permit to have them, or to anyone exempt from the permit requirement under §
21.12.
(iii) Except for primary or secondary flight feathers or retrices from a golden eagle, you are not required
to gather feathers that are molted or otherwise lost by a falconry bird. You may leave the feathers where
they fall, store them for imping, or destroy them. However, you must collect molted flight feathers and
retrices from a golden eagle. If you choose not to keep them for imping, you must send them to the
National Eagle Repository.
(iv) We request that you send all feathers (including body feathers) that you collect from any falconry
golden eagle and that you do not need for imping, to the National Eagle Repository at the following
address: U.S. Fish and Wildlife Service, National Eagle Repository, Rocky Mountain Arsenal, Building
128, Commerce City, Colorado 80022. The telephone number at the Repository is 303-287-2110.
(v) If your permit expires or is revoked, you must donate the feathers of any species of falconry raptor
except a golden eagle to any person or any institution exempt from the permit requirement under §
21.12 or authorized by permit to acquire and possess the feathers. If you do not donate the feathers,
you must burn, bury, or otherwise destroy them.
(13) Disposition of carcasses of falconry birds that die.
(i) You must send the entire body of a golden eagle you held for falconry, including all feathers, talons,
and other parts, to the National Eagle Repository.
(ii) You may donate the body or feathers of any other species of falconry raptor to any person or
institution exempt under § 21.12 or authorized by permit to acquire and possess such parts or feathers.
(iii) If the bird was banded or microchipped prior to its death, you may keep the body of any falconry
raptor except that of a golden eagle. You may keep the body so that the feathers are available for
imping, or you may have the body mounted by a taxidermist. You may use the mount in giving
conservation education programs. If the bird was banded, you must leave the band on the body. If the
bird has an implanted microchip, you must leave the microchip in place.
(iv) If you do not wish to donate the bird body or feathers or keep it yourself, you must burn, bury, or
otherwise destroy it or them within 10 days of the death of the bird or after final examination by a
veterinarian to determine cause of death. Carcasses of euthanized raptors could pose a risk of
secondary poisoning of eagles and other scavengers. You must take appropriate precautions to avoid
such poisonings.
(v) If you do not donate the bird body or feathers or have the body mounted by a taxidermist, you may
possess the flight feathers for as long as you have a valid falconry permit. However, you may not buy,
sell, or barter the feathers. You must keep the paperwork documenting your acquisition of the bird.
(14) Visitors practicing falconry in the United States.
(i) A visitor to the United States may qualify for a temporary falconry permit appropriate for his or her
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 36 of 75
experience.
(A) The permit may be valid for any period specified by the State, tribe, or territory.
(B) To demonstrate knowledge of U.S. falconry laws and regulations, the visitor must correctly answer at
least 80 percent of the questions on the supervised examination for falconers administered by the tribe,
State, or territory from which he or she wishes to obtain a temporary falconry permit. If the visitor passes
the test, the tribe, State, or territory will decide for what level of temporary permit the person is qualified.
The decision should be based on the individual's documentation of his or her experience.
(C) If you hold a temporary falconry permit, you may possess raptors for falconry if you have approved
falconry facilities.
(D) A holder of a temporary falconry permit may fly raptors held for falconry by a permitted falconer.
(E) A holder of a temporary falconry permit may not take a bird from the wild to use in falconry.
(ii) For the duration of a permit from a State, tribe, or territory, a visitor may use any bird for falconry that
he or she possess legally in his or her country of residence for that purpose, provided that import of that
species to the United States is not prohibited, and provided that he or she has met all permitting
requirements of his or her country of residence.
(A) A visitor must comply with the provisions in this section, those of the State, tribe or territory where he
or she wishes to conduct falconry, and all States through which he or she will travel with the bird.
(B) The visitor may transport registered raptors. He or she may need one or more additional permits to
bring a raptor into the United States or to return home with it ( see 50 CFR part 14 (importation,
exportation, and transportation of wildlife), part 15 (Wild Bird Conservation Act), part 17 (endangered
and threatened species), part 21 (migratory bird import and export permits), and part 23 (endangered
species convention)).
(C) Unless the visitor has the necessary permit(s) to bring a raptor into the United States and leave it
here, he or she must take raptors brought into the country for falconry out of the country when he or she
leaves. If a raptor brought into the United States dies or is lost while in this country, the visitor must
document the loss before leaving the United States by reporting the loss to the State, tribal, or territorial
agency that governs falconry where the bird was lost.
(D) When flown free, any bird brought to this country temporarily must have two attached radio
transmitters that will allow the falconer to locate it.
(E )There also may be tribal or State restrictions on nonresidents practicing falconry or importing a raptor
or raptors held for falconry.
(15) Taking falconry raptors to another country to use in falconry activities . A permit issued under this
section authorizes you to export and then import raptors you legally possess for falconry to another
country to use in falconry without an additional migratory bird import/export permit issued under § 21.21.
(i) You must meet any requirements in 50 CFR 14 subpart B.
(ii) You may need one or more additional permits to take a bird from the United States or to return home
with it ( see 50 CFR part 15 (Wild Bird Conservation Act), part 17 (endangered and threatened species),
and part 23 (endangered species convention)).
(iii) Unless you have the necessary permit(s) to permanently export a raptor from the United States, you
must bring any raptor you take out of the country for falconry back to the United States when you return.
Each raptor must be covered by a CITES certificate of ownership issued under part 23 of this chapter.
You must have full documentation of the lawful origin of each raptor (a copy of a propagation report with
band number or a 3-186A report), and each must be identifiable with a seamless band or a permanent,
nonreusable, numbered Fish and Wildlife Service leg band issued by the Service or an implanted
microchip for identification.
(iv) If the raptor dies or is lost, you are not required to bring it back but must report the loss immediately
upon your return to the United States in the manner required by the falconry regulations of your State,
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 37 of 75
and any conditions on your CITES certificate.
(16) Permission to capture, fly, or release a falconry bird at any location. You do not need special or
written permission for any of these activities on public lands if it is authorized. However, you must
comply with all applicable Federal, State, tribal, or territorial laws regarding falconry activities, including
hunting. Your falconry permit does not authorize you to capture or release raptors or practice falconry on
public lands if it is prohibited on those lands, or on private property, without permission from the
landowner or custodian.
(17) Practicing falconry in the vicinity of a Federally listed threatened or endangered animal species. In
practicing falconry you must ensure that your activities do not cause the take of Federally listed
threatened or endangered wildlife. “Take” under the Endangered Species Act means “to harass, pursue,
hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct” (Endangered
Species Act § 3(18)). Within this definition, “harass” means any act that may injure wildlife by disrupting
normal behavior, including breeding, feeding, or sheltering, and harm” means an act that actually kills or
injures wildlife (50 CFR 17.3). To obtain information about threatened or endangered species that may
occur in your State or on tribal lands where you wish to practice falconry, contact your State, tribal, or
territorial agency that regulates falconry. You can contact your State Fish and Wildlife Service office for
information on Federally-listed species.
(18) Trapping a bird for use in falconry in areas used by the northern aplomado falcon. Capture of a
northern aplomado falcon ( Falco femoralis septentrionalis ) is not authorized because it is a violation of
the Endangered Species Act. To avoid trapping northern aplomado falcons, you must comply with the
following conditions when trapping a bird for use in falconry in the following counties.
If you
trap in
(i)
Arizona,
(ii) New
Mexico,
(iii)
Texas,
You may trap a bird for falconry in the following counties if
you comply with the conditions below.
Cochise, Graham, Pima, Pinal, or Santa Cruz.
Doa Ana, Eddy, Grant, Hidalgo, Lea, Luna, Otero, Sierra, or
Socorro.
Aransas, Brewster, Brooks, Calhoun, Cameron, Culberson, Duval,
Ector, El Paso, Hidalgo, Hudspeth, Jackson, Jeff Davis, Kenedy,
Kinney, Kleberg, Matagorda, Maverick, Midland, Nueces, Pecos,
Presidio, Reeves, Refugio, San Patricio, Starr, Terrell, Val Verde,
Victoria, Webb, Willacy, or Zapata.
(iv) If you are an Apprentice Falconer, you must be accompanied by a General or Master Falconer when
trapping in one of these counties.
(v) You may not begin trapping if you observe a northern aplomado falcon in the vicinity of your intended
trapping effort.
(vi) You must suspend trapping if a northern aplomado falcon arrives in the vicinity of your trapping
effort.
(19) Prey item killed by a falconry bird without your intent, including an animal taken outside of a regular
hunting season .
(i) You may allow your falconry bird to feed on the animal, but you may not take the animal into your
possession.
(ii) You must report take of any federally listed threatened or endangered species to our Ecological
Services Field Office for the location in which the take occurred.
(20) Take of bird species for which a depredation order is in place . With a falconry bird, you may take
any species listed in parts 21.43, 44, 45, or 46 of this subchapter at any time in accordance with the
conditions of the applicable depredation order, as long as you are not paid for doing so.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 38 of 75
(21) Transfer of falconry raptors if a permittee dies . A surviving spouse, executor, administrator, or other
legal representative of a deceased falconry permittee may transfer any bird held by the permittee to
another authorized permittee within 90 days of the death of the falconry permittee. After 90 days,
disposition of a bird held under the permit is at the discretion of the authority that issued it.
(g) Applying for a falconry permit . If you apply for a falconry permit, you must include the following
information plus any other information required by your State, tribe, or territory.
(1) The completed application form from your State, tribal, or territorial agency that regulates falconry
permits.
(2) Proof that you have passed the falconry test administered by the State, tribe, or territory where you
maintain your legal residence, or proof that you have previously held a falconry permit at the level you
seek.
(3) For an Apprentice permit, you must provide the following:
(i) A letter from a General or Master Falconer stating that he or she has agreed to assist you in learning
about the husbandry and training of raptors held for falconry and about relevant wildlife laws and
regulations, and in deciding what species of raptor is appropriate for you to possess while an Apprentice.
(ii) An original, signed certification that you are particularly familiar with § 10.13 of this subchapter, the
list of migratory bird species to which the Migratory Bird Treaty Act applies; part 13 of this subchapter,
general permit regulations; part 21 of this subchapter, migratory bird permits; and part 22 of this
subchapter, eagle permits. The certification can be incorporated into tribal and State application forms,
and must be worded as follows:
I certify that I have read and am familiar with the regulations in title 50, part 13, of the Code of Federal
Regulations and the other applicable parts in subchapter B of chapter I of title 50, and that the
information I have submitted is complete and accurate to the best of my knowledge and belief. I
understand that any false statement herein may subject me to the criminal penalties of 18 U.S.C. 1001.
(4) For an Apprentice or General Falconry permit, a parent or legal guardian must co-sign your
application if you are under 18.
(5) For a General Falconer permit:
(i) Information documenting your experience maintaining falconry raptors, including a summary of what
species you held as an Apprentice Falconer and how long you possessed each bird, and
(ii) A letter from a General Falconer or Master Falconer (preferably your sponsor) attesting that you have
practiced falconry with raptor(s) taken from the wild at the Apprentice Falconer level for at least 2 years,
including maintaining, training, flying, and hunting the raptor(s) for an average of 6 months per year, with
at least 4 months in each year.
(6) For a Master Falconer permit, you must attest that you have practiced falconry at the General
Falconer level for at least 5 years.
(h) Updating a falconry permit after a move. If you move to a new State or outside the jurisdiction of your
tribe or territory and take falconry birds with you, within 30 days you must inform both your former State,
tribe, or territory and the permitting authority for your new place of residence of your address change. To
obtain a new falconry permit, you must follow the permit application procedures of the authority under
which you wish to acquire a new permit. You may keep falconry birds you hold while you apply for a new
falconry permit. However, the State, tribe, or territory into which you move may place restrictions on your
possession of falconry birds until you meet the residency requirements there.
(i) Restoration of revoked permits . Upon request of the person whose permit has been revoked, the
State, tribe, or territory may restore the person's falconry permit at the end of the revocation period.
(j) Information collection requirements . The information collection required for falconry applications and
for falconry bird disposition on FWS Form 3-186A is approved by the Office of Management and Budget
under control number 1018-0022. The information is necessary to determine take of raptors from the
wild for falconry.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 39 of 75
(k) Database required of States, tribes, and territories. Each State, tribe, or territory that permits falconry
must maintain information in a database. The information will enable enforcement of this section.
(1) The State, tribal, or territorial database must be compatible with the database that we maintain. The
State, tribal, or territorial database must contain the following information:
(i) The current address of each person with a falconry permit.
(ii) The classification of each person with a falconry permit - Apprentice Falconer, General Falconer, or
Master Falconer.
(iii) The address of the falconry facilities of each person with a falconry permit.
(iv) The Federal falconry identifier number assigned via the 3-186A system to each person with a
falconry permit.
(v) Whether each permittee is authorized to possess eagles.
(vi) Information on the status of each person's permit: whether it is active, suspended, or revoked.
(2) Information on each permit granted, including changes in status from Apprentice Falconer to General
Falconer or General Falconer to Master Falconer, and moves of falconers or their facilities must be
entered into the State's, tribe's, or territory's database within 30 days of the granting of the permit or a
falconer's change in status. New additions to the State, tribal, or territorial database must be forwarded
to us monthly.
[73 FR 59465, Oct. 8, 2008]
§ 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;
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 40 of 75
(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, nonreusable, numbered band issued by the Service.
(ii) Unless specifically exempted by the conditions of the raptor propagation permit, each captive-bred
raptor produced under authority of a raptor propagation permit shall be banded within two (2) weeks of
hatching with a numbered, seamless band provided by the Service, placed on the raptor's leg
(metatarsus). In marking captive-bred raptors, permittees:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 41 of 75
(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.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 42 of 75
(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),
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 43 of 75
( 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.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 44 of 75
(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.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 45 of 75
(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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 46 of 75
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 a Federal rehabilitation permit or be authorized as your subpermittee
by being named in writing to your issuing Migratory Bird Permit Office. This does not apply to General
Falconers or Master Falconers, who may assist with conditioning raptors for release without being your
subpermittee. If you have a falconer assist in conditioning a rehabilitated raptor for release, you must
provide the falconer with a letter or form that identifies the bird and explains that the falconer is assisting
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 47 of 75
in rehabilitation of the raptor.
(i) Your subpermittees must be at least 18 years of age and possess sufficient experience to tend the
species in their care.
(ii) Your subpermittees who are 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 except those of a falconer assisting in conditioning raptors for release
must be approved by the issuing office.
(iii) 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) After a bird is rehabilitated to a condition suitable for release to the wild, you must release it to
suitable habitat as soon as seasonal conditions allow, except that you may transfer a rehabilitated wild
raptor to a holder of a State, tribal, or territorial falconry permit if the permit holder is authorized to hold
the species for use in falconry. The transfer may need the approval of your State, tribe, or territory. The
falconer must complete a Form 3-186A reporting the transfer.
(A) You may not retain migratory birds longer than 180 days without additional authorization from your
Regional Migratory Bird Permit Office. If the appropriate season for release is outside the 180–day
timeframe, you must seek authorization from your Fish and Wildlife Service Regional Migratory Bird
Permit Office to possess the bird until the appropriate season.
(B) Before releasing a threatened or endangered migratory bird, you must comply with any requirements
for the release from your Fish and Wildlife Service Regional 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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 48 of 75
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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 49 of 75
rehabilitation activities, or otherwise specify permitted activities, based on your experience and facilities.
(f) How does this permit apply to oil and hazardous waste spills? Prior to entering the location of an oil or
hazardous material spill, you must obtain authorization from the U.S. Fish and Wildlife Service Field
Response Coordinator or other designated Service representative and obtain permission from the OnScene Coordinator. All activities within the location of the spill are subject to the authority of the OnScene Coordinator. The U.S. Fish and Wildlife Service is responsible for the disposition of all migratory
birds, dead or alive.
(1) Permit provisions in oil or hazardous material spills. (i) In addition to the rehabilitation permit
provisions set forth in paragraph (b) of this section, when under the authority of the designated U.S. Fish
and Wildlife Service representative this permit further authorizes you to temporarily possess healthy,
unaffected birds for the purpose of removing them from imminent danger.
(ii) This permit does not authorize salvage of dead migratory birds. When dead migratory birds are
discovered, a Service law enforcement officer must be notified immediately in order to coordinate the
handling and collection of evidence. Contact information for your local Service Law Enforcement office is
listed on your permit and on the Internet at http://offices.fws.gov. The designated Service representative
will have direct control and responsibility over all live migratory birds, and will coordinate the collection,
storage, and handling of any dead migratory birds with the Service's Division of Law Enforcement.
(iii) You must notify your issuing Migratory Bird Permit Office of any migratory birds in your possession
within 24 hours of removing such birds from the area.
(2) Conditions specific to oil and hazardous waste spills —(i) Facilities. Facilities used at the scene of oil
or hazardous waste spills may be temporary and/or mobile, and may provide less space and protection
from noise and disturbance than facilities authorized under paragraph (e)(1) of this section. Such
facilities should conform as closely as possible with the facility specifications contained in the Service
policy titled Best Practices for Migratory Bird Care During Oil Spill Response. 2
2
You can obtain copies of this document by writing to the U.S. Fish and Wildlife Service,
Division of Environmental Quality, 4401 North Fairfax Drive, MS 322, Arlington, VA, 22203.
(ii) Subpermittees. In cases of oil and hazardous waste spills, persons who assist with cleaning or
treating migratory birds at the on-scene facility will not be required to have a rehabilitation permit or be a
subpermittee; however, volunteers must be trained in rescue protocol for migratory birds affected by oil
and hazardous waste spills. A permit (or subpermittee designation) is required to perform extended
rehabilitation of such birds, after initial cleaning and treating, at a subsequent location.
(g) Will I also need a permit from the State in which I live? If your State requires a license, permit, or
other authorization to rehabilitate migratory birds, your Federal migratory bird rehabilitation permit will
not be valid if you do not also possess and adhere to the terms of the required State authorization, in
addition to the Federal permit. Nothing in this section prevents a State from making and enforcing laws
or regulations consistent with this section that are more restrictive or give further protection to migratory
birds.
(h) How long is a migratory bird rehabilitation permit valid? Your rehabilitation permit will expire on the
date designated on the face of the permit unless amended or revoked. No rehabilitation permit will have
a term exceeding 5 years.
(i) Will I need to apply for a new permit under this section if I already have a special purpose permit to
rehabilitate migratory birds, issued under §21.27 (Special purpose permits)? (1) If you had a valid
Special Purpose—Migratory Bird Rehabilitation Permit issued under §21.27 on November 26, 2003,
your permit will remain valid until the expiration date listed on its face. If you renew your permit, it will be
issued under this section.
(2) If your original permit authorization predates permit application procedures requiring submission of
photographs and diagrams for approval of your facilities, and your facilities have never been approved
by the migratory bird permit office on the basis of such photographs and diagrams, you must submit
photographs and diagrams of your facilities as part of your renewal application. If those facilities do not
meet the criteria set forth under this section, your permit may be renewed for only 1 year. We will reevaluate your facilities when you seek renewal in a year. If you have made the improvements necessary
to bring your facilities into compliance with paragraph (e)(1) of this section, and the other criteria within
this section for permit issuance are met, your permit may be renewed for up to the full 5-year tenure.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 50 of 75
(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, as amended at 73 FR 59477, Oct. 8, 2008]
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]
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 51 of 75
§ 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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 52 of 75
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:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 53 of 75
(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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 54 of 75
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 doublecrested cormorants. Two look-alike species co-occur with double-crested cormorants in the
southeastern States: the anhinga, which occurs across the southeastern United States, and the
neotropic cormorant, which is found in varying numbers in Texas, Louisiana, and Oklahoma. Both
species can be mistaken for double-crested cormorants, but take of these two species is not authorized
under this depredation order. Persons operating under this order must immediately report the take of a
migratory bird species other than double-crested cormorants to the appropriate Service Regional
Migratory Bird Permit Office.
(8) Nothing in this depredation order authorizes the take of any species protected by the Endangered
Species Act. Persons operating under this order must immediately report the take of species protected
under the Endangered Species Act to the Service.
(i) To protect wood storks and bald eagles, the following conservation measures must be observed
within any geographic area where Endangered Species Act protection applies to these species: All
control activities are allowed if the activities occur more than 1,500 feet from active wood stork nesting
colonies, more than 1,000 feet from active wood stork roost sites, and more than 750 feet from feeding
wood storks, and if they occur more than 750 feet from active bald eagle nests.
(ii) At their discretion, landowners, operators, and tenants may contact the Regional Migratory Bird
Permit Office to request modification of the measures listed in paragraph (d)(8)(i) of this section. Such
modification can occur only if the Regional Director determines, on the basis of coordination between the
Regional Migratory Bird Permit Office and the Endangered Species Field Office, that wood storks and
bald eagles will not be adversely affected.
(iii) If adverse effects are anticipated from the control activities in a geographical area where
Endangered Species Act protection applies to wood storks or bald eagles, either during the intra-Service
coordination discussions described above or at any other time, the Regional Migratory Bird Permit Office
will initiate consultation with the Endangered Species Field Offices.
(9) Persons operating under this depredation order must:
(i) Keep a log recording the date, number, and location of all birds killed each year under this
authorization;
(ii) Maintain this log for a period of 3 years (and maintain records for 3 previous years of takings at all
times thereafter); and
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 55 of 75
(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 June
30, 2014, unless revoked or extended prior to that date.
[68 FR 58034, Oct. 8, 2003, as amended at 74 FR 15398, Apr. 6, 2009]
§ 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.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 56 of 75
(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 doublecrested cormorants. Two look-alike species co-occur with double-crested cormorants in the
southeastern States: the anhinga, which occurs across the southeastern United States, and the
neotropic cormorant, which is found in varying numbers in Texas, Louisiana, Kansas, and Oklahoma.
Both species can be mistaken for double-crested cormorants, but take of these two species is not
authorized under this depredation order. Persons operating under this order must immediately report the
take of a migratory bird species other than double-crested cormorants to the appropriate Service
Regional Migratory Bird Permit Office.
(8) Nothing in this depredation order authorizes the take of any species protected by the Endangered
Species Act. Persons operating under this order must immediately report the take of species protected
under the Endangered Species Act to the Service.
(i) To protect piping plovers, interior least terns, wood storks, and bald eagles, the following conservation
measures must be observed within any geographic area where Endangered Species Act protection
applies to these species:
(A) The discharge/use of firearms to kill or harass double-crested cormorants or use of other harassment
methods are allowed if the control activities occur more than 1,000 feet from active piping plover or
interior least tern nests or colonies; occur more than 1,500 feet from active wood stork nesting colonies,
more than 1,000 feet from active wood stork roost sites, and more than 750 feet from feeding wood
storks; or occur more than 750 feet from active bald eagle nests;
(B) Other control activities such as egg oiling, cervical dislocation, CO2asphyxiation, egg destruction, or
nest destruction are allowed if these activities occur more than 500 feet from active piping plover or
interior least tern nests or colonies; occur more than 1,500 feet from active wood stork nesting colonies,
more than 1,000 feet from active wood stork roost sites, and more than 750 feet from feeding wood
storks; or occur more than 750 feet from active bald eagle nests;
(C) To ensure adequate protection of piping plovers, any Agency or its agents who plan to implement
control activities that may affect areas designated as piping plover critical habitat in the Great Lakes
Region are to obtain prior approval from the appropriate Regional Director. Requests for approval of
activities in these areas must be submitted to the Regional Migratory Bird Permit Office. The Regional
Migratory Bird Permit Office will then coordinate with the Endangered Species Field Office staff to
assess whether the measures in paragraph (d)(8)(i)(B) of this section are adequate.
(ii) At their discretion, Agencies or their agents may contact the Regional Migratory Bird Permit Office to
request modification of the above measures. Such modification can occur only if the Regional Director
determines, on the basis of coordination between the Regional Migratory Bird Permit Office and the
Endangered Species Field Office, that the species listed in paragraph (d)(8)(i) of this section will not be
adversely affected.
(iii) If adverse effects are anticipated from the control activities in a geographical area where
Endangered Species Act protection applies to any of the four species listed in paragraph (d)(8)(i) of this
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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 57 of 75
the Endangered Species Field Offices.
(9) Responsible Agencies must, before they initiate any control activities in a given year, provide a onetime written notice to the appropriate Service Regional Migratory Bird Permit Office indicating that they
intend to act under this order.
(i) Additionally, if any Agency plans a single control action that would individually, or a succession of
such actions that would cumulatively, kill more than 10 percent of the double-crested cormorants in a
breeding colony, it must first provide written notification to the appropriate Service Regional Migratory
Bird Permit Office. This letter must be received no later than 30 days in advance of the activity and must
provide:
(A) The location (indicating specific colonies, if applicable) of the proposed control activity;
(B) A description of the proposed control activity, specifying what public resources are being impacted,
how many birds are likely to be taken and what approximate percentage they are of total DCCOs
present, and which species of other birds are present; and
(C) Contact information for the person in charge of the control action.
(ii) The Regional Director may prevent any such activity by notifying the agency in writing if the Regional
Director deems the activity a threat to the long-term sustainability of double-crested cormorants or any
other migratory bird species.
(10) Persons operating under this order must keep records of all activities, including those of designated
agents, carried out under this order. On an annual basis, Agencies must provide the Service Regional
Migratory Bird Permit Office with a report detailing activities conducted under the authority of this order,
including:
(i) By date and location, a summary of the number of double-crested cormorants killed and/or number of
nests in which eggs were oiled;
(ii) A statement of efforts being made to minimize incidental take of nontarget species and a report of the
number and species of migratory birds involved in such take, if any;
(iii) A description of the impacts or anticipated impacts to public resources by double-crested cormorants
and a statement of the management objectives for the area in question;
(iv) A description of the evidence supporting the conclusion that double-crested cormorants are causing
or will cause these impacts;
(v) A discussion of other limiting factors affecting the resource (e.g., biological, environmental, and
socioeconomic); and
(vi) A discussion of how control efforts are expected to, or actually did, alleviate resource impacts.
(11) Agencies must provide annual reports to the appropriate Service Regional Migratory Bird Permit
Office, as described in paragraph (d)(10) of this section, by December 31 for the reporting period
October 1 of the previous year to September 30 of the same year. For example, reports for the period
October 1, 2003, to September 30, 2004, would be due on or before December 31, 2004. The Service
will regularly review Agency reports and will periodically assess the overall impact of this program to
ensure compatibility with the long-term conservation of double-crested cormorants and other resources.
(12) In some situations, Agencies may deem it necessary to reduce or eliminate local breeding
populations of double-crested cormorants to reduce the occurrence of resource impacts.
(i) For such actions, Agencies must:
(A) Comply with paragraph (d)(9) of this section;
(B) Carefully plan activities to avoid disturbance of nontarget species;
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 58 of 75
(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 June
30, 2014, unless revoked or extended prior to that date.
[68 FR 58035, Oct. 8, 2003, as amended at 74 FR 15398, Apr. 6, 2009]
§ 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.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 59 of 75
(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 the airport, or the military base on which a military
airfield is located, or within a 3-mile radius of the outer boundary of such a facility. 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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 60 of 75
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.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 61 of 75
(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, as amended at 72 FR 46408, Aug. 20, 2007]
§ 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); homeowners' associations; and village, town, municipality, and
county governments (local governments); and the employees or agents of any of these persons or
entities 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, homeowners' associations, and
local governments (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, homeowners' associations, and local
governments must register with the Service at https://epermits.fws.gov/eRCGR. Landowners,
homeowners' associations, and local governments (collectively termed “registrants”) must also register
each employee or agent working on their behalf. Once registered, registrants and agents will be
authorized to act under the depredation order.
(2) Registrants 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 and egg destruction or take are at the registrant'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) Egg and nest destruction, including but not limited to the removal and disposal of eggs and nest
material.
(4) Registrants may conduct resident Canada goose nest and egg destruction activities between March
1 and June 30. Homeowners' associations and local governments or their agents must obtain landowner
consent prior to destroying nests and eggs on private property within the homeowners' association or
local government's jurisdiction and be in compliance with all State and local laws and regulations.
(5) Registrants authorized to operate under the depredation order may possess, transport, and dispose
of resident Canada goose nests and eggs taken under this section. Registrants 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) Registrants exercising the privileges granted by this section must submit an annual report
summarizing activities, including the date, numbers, and location of nests and eggs taken by October 31
of each year at https://epermits.fws.gov/eRCGR before any subsequent registration for the following
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 62 of 75
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 registrant 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) Registrants may not undertake any actions under this section if the activities adversely affect 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, registrants 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, homeowners' association, or local government if we find that the
registrant 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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 63 of 75
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, as amended by 72 FR 46408, Aug. 20, 2007]
§ 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,
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 64 of 75
(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.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 65 of 75
(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.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 66 of 75
(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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 67 of 75
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,
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 68 of 75
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 light geese.
top
(a) What is a conservation order?
A conservation order is a special management action that is needed to control certain wildlife
populations when traditional management programs are unsuccessful in preventing overabundance of
the population. We are authorizing a conservation order under the authority of the Migratory Bird Treaty
Act to reduce and stabilize various light goose populations. The conservation order allows new methods
of taking light geese, allows shooting hours for light geese to end one-half hour after sunset, and
imposes no daily bag limits for light geese inside or outside the migratory bird hunting season
frameworks as described in this section.
(b) Which waterfowl species are covered by the order?
The conservation order addresses management of greater snow ( Chen caerulescens atlantica ), lesser
snow ( C. c. caerulescens ), and Ross's ( C. rossii ) geese that breed, migrate, and winter in North
America. The term light geese refers collectively to greater and lesser snow geese and Ross's geese.
(c) Where can the conservation order be authorized?
The Director can authorize the conservation order in these areas:
(1) The following States that are contained within the boundaries of the Atlantic Flyway: Connecticut,
Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York,
North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia.
(2) The following States, or portions of States, that are contained within the boundaries of the Mississippi
and Central 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.
(3) The following States, or portions of States, that are contained within the boundaries of the Pacific
Flyway: Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah,
Washington, and Wyoming.
(4) Tribal lands within the geographic boundaries in paragraphs (c)(1), (2), and (3) of this section.
(d) When will the Director authorize the conservation order in a particular Flyway?
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 69 of 75
(1) The Director may authorize the conservation order for the reduction of greater snow geese for any
State or Tribe contained within the Atlantic Flyway by publishing a notice under paragraph (e) of this
section when the May Waterfowl Population Status report indicates that the management goal of
500,000 birds has been exceeded and that special conservation actions conducted in Canada are
insufficient to reduce the population. Authorization of the conservation order in the U.S. portion of the
Atlantic Flyway will occur after the Director determines the degree to which the management goal has
been exceeded, the trajectory of population growth, anticipated harvest that would result from
implementation of the conservation order, and whether or not similar conservation actions will be
conducted in Canada.
(2) The Director may authorize the conservation order for the reduction of mid-continent light geese
(lesser snow and Ross's geese) for any State or Tribe contained within the Mississippi and Central
Flyways by publishing a notice under paragraph (e) of this section when the May Waterfowl Population
Status report indicates that the management goal of 1,600,000 birds (winter index for Mid-continent
Population and Western Central Flyway Population, combined) has been exceeded. Authorization of the
conservation order in the U.S. portion of the Mississippi and Central Flyways will occur after the Director
determines the degree to which the management goal has been exceeded, the trajectory of population
growth, anticipated harvest that would result from implementation of the conservation order, and whether
or not similar conservation actions will be conducted in Canada.
(3) The Director may authorize a conservation order for the reduction of light geese (lesser snow and
Ross's geese) for any State or Tribe contained within the Pacific Flyway by publishing a notice under
paragraph (e) of this section when the Director determines that light goose numbers in the western
Arctic have exceeded the ability of their breeding habitat to support them.
(e) How will the conservation order be authorized for a particular Flyway?
The Director will publish a notice in theFederal Registerwhen the conservation order is authorized in a
particular Flyway.
(f) What is required for State/Tribal governments to participate in the conservation order?
When authorized 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,
light geese under the following conditions:
(1) Activities conducted under the conservation order 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, reopening, 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 (including light goose) and crane hunting
seasons, excluding falconry, are closed.
(4) Control measures employed through this section may be used only between the hours of one-half
hour before sunrise to one-half hour after sunset.
(5) Nothing in the conservation order 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 the
conservation order.
(7) States and Tribes must inform participants of the requirements and conditions of the conservation
order that apply.
(8) States and Tribes must keep annual records of activities carried out under the authority of the
conservation order. Specifically, information must be collected on:
(i) The number of persons participating in the conservation order;
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 70 of 75
(ii) The number of days people participated in the conservation order;
(iii) The number of persons who pursued light geese with the aid of a shotgun capable of holding more
than three shells;
(iv) The number of persons who pursued light geese with the aid of an electronic call;
(v) The number of persons who pursued light geese during the period one-half hour after sunset;
(vi) The total number of light geese shot and retrieved during the conservation order;
(vii) The number of light geese taken with the aid of an electronic call;
(viii) The number of light geese taken with the fourth, fifth, or sixth shotgun shell;
(ix) The number of light geese taken during the period one-half hour after sunset; and
(x) The number of light geese shot but not retrieved.
(9) The States and Tribes must submit an annual report summarizing activities conducted under the
conservation order on or before September 15 of each year, to the Chief, Division of Migratory Bird
Management, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Mail Stop MBSP–4107, Arlington,
Virginia 22203. Information from Tribes may be incorporated in State reports.
(g) What is required for persons to participate in the conservation order?
Individual participants in State or Tribal programs covered by the conservation order must comply with
the following provisions:
(1) Nothing in the conservation order authorizes the take of light geese contrary to any State or Tribal
laws or regulations, and none of the privileges granted under the conservation order may be exercised
unless persons acting under the authority of the conservation order possess whatever permit or other
authorization(s) may be required for such activities by the State or Tribal government concerned.
(2) Persons who take light geese under the conservation order may not sell or offer for sale those birds
or their plumage but may possess, transport, and otherwise properly use them.
(3) Persons acting under the authority of the conservation order 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) Persons acting under the authority of the conservation order may take 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 carry out take activities 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 bird.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 71 of 75
(v) By the use or aid of live birds as decoys. It is a violation of this paragraph (g) for any person to take
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 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 light 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–k). Light 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).
However, nothing in this paragraph (g) prohibits the taking of light 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, postharvest manipulation or
normal soil stabilization practice as described in §20.11(g), (i), (l), and (m);
(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.
(viii) 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-bronze,
tungsten-nickel-iron, tungsten-tin-iron, tungsten-nickel-iron-tin, tungsten-iron-copper-nickel, or other
shots that are authorized in §20.21(j).
(h) Can the conservation order be suspended?
The Director reserves the right to suspend or revoke a State's or Tribe's authority under the conservation
order if we find that the State or Tribe has not adhered to the terms and conditions specified in this
section. The criteria for suspension and revocation are outlined in §13.27 and §13.28 of this subchapter.
Upon appeal, final decisions to revoke authority will be made by the Director. Additionally, at such time
that the Director determines that a specific population of light geese no longer poses a threat to habitats,
agricultural crops, or other interests, or is within Flyway management objectives, the Director may
choose to terminate part or all of the conservation order.
(i) Under what conditions would the conservation order be suspended?
The Director will annually assess the overall impact and effectiveness of the conservation order on each
light goose population to ensure compatibility with long-term conservation of this resource. The Director
will suspend the conservation order if at any time evidence clearly demonstrates that an individual light
goose population no longer presents a serious threat of injury to the area or areas involved. Suspension
by the Director will occur by publication of a notice in theFederal Register.However, resumption of
growth by the light goose population in question may warrant reinstatement of the conservation order to
control the population. The Director will publish a notice of such reinstatement in theFederal
Register.Depending on the status of individual light goose populations, it is possible that a conservation
order may be in effect for one or more light goose populations, but not others.
(j) What are the information collection requirements?
The information collection requirements associated with the conservation order are described in
paragraphs (f)(6) through (9) of this section. Reported information helps us to assess the effectiveness
of light geese population control methods and strategies and assess whether or not additional
population control methods are needed. The Office of Management and Budget has approved this
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 72 of 75
information collection and assigned OMB Control No. 1018–0103. We 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. At any time, you may submit comments on these information collection requirements to
the Information Collection Clearance Officer, U.S. Fish and Wildlife Service, 1849 C Street, NW.,
(mailstop ARL SQ–222), Washington, DC 20240.
[73 FR 65951, Nov. 5, 2008]
§ 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 31.
(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.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 73 of 75
(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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 74 of 75
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
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
Electronic Code of Federal Regulations:
Page 75 of 75
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, as amended by 72 FR 46409, Aug. 20, 2007]
Browse Previous | Browse Next
For questions or comments regarding e-CFR editorial content, features, or design, email [email protected].
For questions concerning e-CFR programming and delivery issues, email [email protected].
Section 508 / Accessibility
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193ebdbff79403a465a3c2323...
6/29/2009
| File Type | application/pdf |
| File Title | http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=647193 |
| Author | HGrey |
| File Modified | 2009-06-29 |
| File Created | 2009-06-29 |