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ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR Data is current as of February 20, 2014
Title 50: Wildlife and Fisheries
PART 21—MIGRATORY BIRD PERMITS
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-bred 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

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]

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§21.29 Falconry standards and falconry permitting.
§21.30 Raptor propagation permits.
§21.31 Rehabilitation permits.
Subpart D—Control of Depredating and Otherwise Injurious Birds
§21.41
§21.42
§21.43
§21.44
§21.45
§21.46
§21.47
§21.48
§21.49
§21.50
§21.51
§21.52
§21.53
§21.54

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 horned larks, house finches, and white-crowned sparrows in California.
Depredation order for depredating purple gallinules in Louisiana.
Depredation order for depredating scrub jays and Steller's jays in Washington and Oregon.
Depredation order for double-crested cormorants at aquaculture facilities.
Depredation order for double-crested cormorants to protect public resources.
Control order for resident Canada geese at airports and military airfields.
Depredation order for resident Canada geese nests and eggs.
Depredation order for resident Canada geese at agricultural facilities.
Public health control order for resident Canada geese.
Control order for purple swamphens.
Control order for muscovy ducks in the United States.

Subpart E—Control of Overabundant Migratory Bird Populations
§21.60 Conservation order for light geese.
§21.61 Population control of resident Canada geese.
AUTHORITY : 16 U.S.C. 703-712.
AUTHORITY : Pub. L. 65-186, 40 Stat. 755 (1918) (16 U.S.C. 703-712), as amended.
SOURCE: 39 FR 1178, Jan. 4, 1974, unless otherwise noted.

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Subpart A—Introduction
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§21.1 Purpose of regulations.
The regulations contained in this part supplement the general permit regulations of part 13 of this
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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. 703712).
[54 FR 38150, Sept. 14, 1989]

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§21.2 Scope of regulations.
(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]

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§21.3 Definitions.
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
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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 any bird that results from a cross of genetic material between two separate taxa
when one or both are listed at 50 CFR 10.13, and any progeny of those birds.
Imprint, for the purposes of falconry, means a bird that is hand-raised, from 2 weeks of age until it
has fledged, and has identified itself with humans rather than its own species. 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,
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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 Accipitriformes, 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 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; 75 FR 931, Jan. 7, 2010; 78 FR
65578, 65864, Nov. 1, 2013]

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§21.4 Information collection requirements.
(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.
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(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 (10180022), Washington, DC 20603.
[63 FR 52637, Oct. 1, 1998]

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Subpart B—General Requirements and Exceptions
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§21.11 General permit requirements.
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]

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§21.12 General exceptions to permit requirements.
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:
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(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;
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(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.
(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
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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]

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§21.13 Permit exceptions for captive-reared mallard ducks.
Captive-reared and properly marked mallard ducks, alive or dead, or their eggs may be acquired,
possessed, sold, traded, donated, transported, and disposed of by any person without a permit, subject
to the following conditions, restrictions, and requirements:
(a) Nothing in this section shall be construed to permit the taking of live mallard ducks or their eggs
from the wild.
(b) All mallard ducks possessed in captivity, without a permit, shall have been physically marked
by at least one of the following methods prior to 6 weeks of age and all such ducks hatched, reared,
and retained in captivity thereafter shall be so marked prior to reaching 6 weeks of age.
(1) Removal of the hind toe from the right foot.
(2) Pinioning of a wing: Provided, That this method shall be the removal of the metacarpal bones
of one wing or a portion of the metacarpal bones which renders the bird permanently incapable of flight.
(3) Banding of one metatarsus with a seamless metal band.
(4) Tattooing of a readily discernible number or letter or combination thereof on the web of one
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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]

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§21.14 Permit exceptions for captive-bred migratory waterfowl other than mallard ducks.
You may acquire captive-bred and properly marked migratory waterfowl of all species other than
mallard ducks (Anas platyrhynchos), alive or dead, or their eggs, and possess and transport such
birds or eggs and any progeny or eggs for your use without a permit, subject to the following conditions
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and restrictions. Additional restrictions on the acquisition and transfer of muscovy ducks (Cairina
moschata) are in paragraph (g) of this section.
(a) You may acquire live waterfowl or their eggs only from a holder of a valid waterfowl sale and
disposal permit in the United States. You also may lawfully acquire them outside of the United States
with appropriate permits (see §21.21 of subpart C of this part).
(b) All progeny of captive-bred birds or eggs from captive-bred birds must be physically marked as
set forth in §21.13(b).
(c) You may not transfer or dispose of captive-bred birds or their eggs, whether alive or dead, to
any other person unless you have a waterfowl sale and disposal permit (see §21.25 of subpart C of this
part).
(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, you must leave the
marked foot or wing attached to each carcass, unless the carcass was marked as provided in
§21.25(b)(6) and the foot or wing was removed prior to your acquisition of the carcass.
(f) If you acquire captive-bred waterfowl or their eggs from a waterfowl sale and disposal
permittee, you must retain the FWS Form 3-186, Notice of Waterfowl Sale or Transfer, from the
permittee for as long as you have the birds, eggs, or progeny of them.
(g) You may not acquire or possess live muscovy ducks, their carcasses or parts, or their eggs,
except to raise them to be sold as food, and except that you may possess any live muscovy duck that
you lawfully acquired prior to March 31, 2010. If you possess muscovy ducks on that date, you may not
propagate them or sell or transfer them to anyone for any purpose, except to be used as food. You may
not release them to the wild, sell them to be hunted or released to the wild, or transfer them to anyone
to be hunted or released to the wild.
(h) Dealers in meat and game, hotels, restaurants, and boarding houses may serve or sell to their
customers the carcass of any bird acquired from a holder of a valid waterfowl sale and disposal permit.
[75 FR 9320, Mar. 1, 2010]

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

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Subpart C—Specific Permit Provisions
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§21.21 Import and export permits.
(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);
(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:
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(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
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
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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]

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§21.22 Banding or marking permits.
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(a) Permit requirement. A banding or marking permit is required before any person may capture
migratory birds for banding or marking purposes or use official bands issued by the Service for banding
or marking any migratory bird.
(b) Application procedures. Applications for banding or marking permits shall be submitted by letter
of application addressed to the Bird Banding Laboratory, Office of Migratory Bird Management, U.S.
Fish and Wildlife Service, Laurel, Maryland 20708. Each such application shall contain the general
information and certification set forth by §13.12(a) of this subchapter plus the following additional
information:
(1) Species and numbers proposed to be banded or marked;
(2) Purpose of banding or marking;
(3) State or States in which authorization is requested; and
(4) Name and address of the public, scientific, or educational institution to which any specimens
will be donated that are salvaged pursuant to paragraphs (c) (3) and (4) of this section.
(c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this
subchapter B, banding or marking permits shall be subject to the following conditions:
(1) The banding of migratory birds shall only be by official numbered leg bands issued by the
Service. The use of any other band, clip, dye, or other method of marking is prohibited unless
specifically authorized in the permit.
(2) All traps or nets used to capture migratory birds for banding or marking purposes shall have
attached thereto a tag or label clearly showing the name and address of the permittee and his permit
number, or the area in which such traps or nets are located must be posted with notice of banding
operations posters (Form 3-1155, available upon request from the Bird Banding Laboratory, Office of
Migratory Bird Management, U.S. Fish and Wildlife Service, Laurel, Md. 20708) which shall bear the
name and address of the permittee and the number of his permit.
(3) The holder of a banding or marking permit may salvage, for the purpose of donating to a public
scientific or educational institution, birds killed or found dead as a result of the permittee's normal
banding operations, and casualties from other causes. All dead birds salvaged under authority of a
migratory bird banding or marking permit must be donated and transferred to a public scientific or
educational institution at least every 6 months or within 60 days of the time such permit expires or is
revoked, unless the permittee has been issued a special permit authorizing possession for a longer
period of time.
(4) Permittees must keep accurate records of their operations and file reports as set forth in the
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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]

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§21.23 Scientific collecting permits.
(a) Permit requirement. A scientific collecting permit is required before any person may take,
transport, or possess migratory birds, their parts, nests, or eggs for scientific research or educational
purposes.
(b) Application procedures. Submit applications for scientific permits to the appropriate Regional
Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in
50 CFR 2.2. Each application must contain the general information and certification required in
§13.12(a) of this subchapter, and the following additional information:
(1) Species and numbers of migratory birds or their parts, nests, or eggs to be taken or acquired
when it is possible to determine same in advance;
(2) Location or locations where such scientific collecting is proposed;
(3) Statement of the purpose and justification for granting such a permit, including an outline of any
research project involved;
(4) Name and address of the public, scientific, or educational institution to which all specimens
ultimately will be donated; and
(5) If a State permit is required by State law, a statement as to whether or not the applicant
possesses such State permit, giving its number and expiration date.
(c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this
subchapter B, scientific collecting permits shall be subject to the following conditions:
(1) All specimens taken and possessed under authority of a scientific collecting permit must be
donated and transferred to the public scientific, or educational institution designated in the permit
application within 60 days following the date such permit expires or is revoked, unless the permittee
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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]

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§21.24 Taxidermist permits.
(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:
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(1) Receive, transport, hold in custody or possession, mount or otherwise prepare, migratory
birds, and their parts, nests, or eggs, and return them to another.
(2) Sell properly marked, captive reared migratory waterfowl which he has lawfully acquired and
mounted. Such mounted birds may be placed on consignment for sale and may be possessed by such
consignee for the purpose of sale.
(d) Additional permit conditions. In addition to the general conditions set forth in part 13 of this
subchapter B, taxidermist permits shall be subject to the following conditions:
(1) Permittees must keep accurate records of operations, on a calendar year basis, showing the
names and addresses of persons from and to whom migratory birds or their parts, nests, or eggs were
received or delivered, the number and species of such, and the dates of receipt and delivery. In addition
to the other records required by this paragraph, the permittee must maintain in his files, the original of
the completed Form 3-186, Notice of Waterfowl Sale or Transfer, confirming his acquisition of captive
reared, properly marked migratory waterfowl from the holder of a current waterfowl sale and disposal
permit.
(2) Notwithstanding the provisions of paragraph (c) of this section, the receipt, possession, and
storage by a taxidermist of any migratory game birds taken by another by hunting is not authorized
unless they are tagged as required by §20.36 of this subchapter. The required tags may be removed
during the taxidermy operations but must be retained by the taxidermist with the other records required
to be kept and must be reattached to the mounted specimen after mounting. The tag must then remain
attached until the mounted specimen is delivered to the owner.
(e) Term of permit. A taxidermist permit issued or renewed under this part expires on the date
designated on the face of the permit unless amended or revoked, but the term of the permit will not
exceed five (5) years from the date of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998; 70 FR 18320,
Apr. 11, 2005]

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§21.25 Waterfowl sale and disposal permits.
(a) Permit requirement. You must have a waterfowl sale and disposal permit before you may
lawfully sell, trade, donate, or otherwise dispose of, most species of captive-reared and properly
marked migratory waterfowl or their eggs. You do not need a permit to sell or dispose of properly
marked captive-reared mallard ducks (Anas platyrhynchos) or their eggs.
(b) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B,
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waterfowl sale and disposal permits are subject to the following conditions:
(1) You may not take migratory waterfowl or their eggs from the wild, unless take is provided for
elsewhere in this subchapter.
(2) You may not acquire migratory waterfowl or their eggs from any person who does not have a
valid waterfowl propagation permit.
(3) Before they are 6 weeks of age, all live captive migratory waterfowl possessed under authority
of a valid waterfowl sale and disposal permit must be physically marked as defined in §21.13(b).
(4) All offspring of birds hatched, reared, and retained in captivity also must be marked before they
are 6 weeks of age in accordance with §21.13(b), unless they are held in captivity at a public zoological
park, or a public scientific or educational institution.
(5) Properly marked captive-bred birds may be killed, in any number, at any time or place, by any
means except shooting. They may be killed by shooting only in accordance with all the applicable
hunting regulations governing the taking of like species from the wild.
(6) 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. However, if you have a State license, permit, or authorization
that allows you to sell game, you may remove the marked foot or wing from the raw carcasses if the
number of your State license, permit, or authorization has been legibly stamped in ink on the back of
each carcass and on the wrapping or container in which each carcass is maintained, or if each
carcass is identified by a State band on a leg or wing pursuant to requirements of your State license,
permit, or authorization.
(7) You may dispose of properly marked live or dead birds or their eggs (except muscovy ducks
and their eggs) in any number at any time or place, or transfer them to any person, if the birds are
physically marked prior to sale or disposal, regardless of whether or not they have attained 6 weeks of
age.
(8) You may propagate muscovy ducks (Cairina moschata) only for sale for food.
(i) You may not release muscovy ducks to the wild or transfer them for release to the wild.
(ii) You may not sell or transfer muscovy ducks to be killed by shooting.
(9) If you transfer captive-bred birds or their eggs to another person, you must complete FWS
Form 3-186, Notice of Waterfowl Sale or Transfer, and provide all information required on the form,
plus the method or methods by which individual birds are marked as required by §21.13(b).
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(i) Give the original of the completed form to the person acquiring the birds or eggs.
(ii) Retain one copy in your files.
(iii) Attach one copy to the shipping container for the birds or eggs, or include it with shipping
documents that accompany the shipment.
(iv) By the end of the month in which you complete the transfer, mail two copies to the Fish and
Wildlife Service Regional Office that issued your permit.
(c) Reporting requirements. You must submit an annual report by January 10th of each year to the
Fish and Wildlife Service Regional Office that issued your permit. You must report the number of
waterfowl of each species you possess on that date, and the method or methods by which each is
marked.
(d) Applying for a waterfowl propagation permit. Submit your application for a waterfowl sale and
disposal permit to the appropriate Regional Director (Attention: Migratory Bird Permit Office). You can
find addresses for the Regional Directors in 50 CFR 2.2. Your application must contain the general
information and certification required in §13.12(a) of subchapter A of this chapter, and the following
additional information:
(1) A description of the area where you will keep waterfowl in your possession;
(2) The species and numbers of waterfowl you possess and a statement showing from whom the
birds were obtained;
(3) A statement indicating the method by which birds you hold will be marked as required by the
provisions of this part 21; and
(4) The number and expiration of your State permit if you are required to have one.
(e) 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.
[75 FR 9320, Mar. 1, 2010]

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§21.26 Special Canada goose permit.
(a) What is the special Canada goose permit and what is its purpose? The special Canada goose
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permit is a permit issued by us to a State wildlife agency authorizing certain resident Canada goose
management and control activities that are normally prohibited. We will only issue such a permit when
it will contribute to human health and safety, protect personal property, or allow resolution or prevention
of injury to people or property. The management and control activities conducted under the permit are
intended to relieve or prevent injurious situations only. No person should construe the permit as
opening, reopening, or extending any hunting season contrary to any regulations established under
Section 3 of the Migratory Bird Treaty Act.
(b) Who may receive a permit? Only State wildlife agencies (State) are eligible to receive a permit
to undertake the various goose management and control activities. Additionally, only employees or
designated agents of a permitted State wildlife agency may undertake activities for injurious resident
Canada geese in accordance with the conditions specified in the permit, conditions contained in 50
CFR part 13, and conditions specified in paragraph (d) of this section.
(c) How does a State apply for a permit? Any State wildlife agency wishing to obtain a permit must
submit an application to the appropriate Regional Director (see §13.11(b) of this subchapter) containing
the general information and certification required by §13.12(a) of this subchapter plus the following
information:
(1) A detailed statement showing that the goose management and control activities will either
provide for human health and safety, protect personal property, or allow resolution of other injury to
people or property;
(2) An estimate of the size of the resident Canada goose breeding population in the State;
(3) The requested annual take of resident Canada geese, including eggs and nests;
(4) A statement indicating that the State will inform and brief all employees and designated agents
of the requirements of these regulations and permit conditions.
(d) What are the conditions of the permit? The special Canada goose permits are subject to the
general conditions in 50 CFR part 13, the conditions elsewhere in this section, and, unless otherwise
specifically authorized on the permit, the conditions outlined below:
(1) What are the limitations on management and control activities? (i) Take of resident Canada
geese as a management tool under this section may not exceed the number authorized by the permit.
States should utilize non-lethal goose management tools to the extent they deem appropriate in an
effort to minimize lethal take.
(ii) Methods of take for the control of injurious resident Canada geese are at the State's discretion.
Methods include, but are not limited to, firearms, alpha-chloralose, traps, egg and nest manipulation
and other damage control techniques consistent with accepted wildlife damage-management
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and other damage control techniques consistent
with accepted wildlife damage-management
programs.

(2) When may a State conduct management and control activities? States and their employees
and agents may conduct management and control activities, including the take of resident Canada
geese, under this section between March 11 and August 31. In California, Oregon and Washington, in
areas where the threatened Aleutian Canada goose (B. c. leucoperia) has been present during the
previous 10 years, lethal control activities are restricted to May 1 through August 31, inclusive.
(3) How must the States dispose or utilize geese taken under this permit? States and their
employees and agents may possess, transport, and otherwise dispose of Canada geese taken under
this section. States must utilize such birds by donation to public museums or public institutions for
scientific or educational purposes, by processing them for human consumption and distributing them
free of charge to charitable organizations, or by burying or incinerating them. States, their employees,
and designated agents may not sell, offer for sale, barter, or ship for the purpose of sale or barter any
Canada geese taken under this section, nor their plumage or eggs.
(4) How does the permit relate to existing State law? No person conducting management and
control activities under this section should construe the permit to authorize the killing of injurious
resident Canada geese contrary to any State law or regulation, nor on any Federal land without specific
authorization by the responsible management agency. No person may exercise the privileges granted
under this section unless they possess any permits required for such activities by any State or Federal
land manager.
(5) When conducting management and control activities, are there any special inspection
requirements? Any State employee or designated agent authorized to carry out management and
control activities must have a copy of the permit and designation in their possession when carrying out
any activities. The State must also require the property owner or occupant on whose premises the
State is conducting activities to allow, at all reasonable times, including during actual operations, free
and unrestricted access to any Service special agent or refuge officer, State wildlife or deputy wildlife
agent, warden, protector, or other wildlife law enforcement officer (wildlife officer) on the premises
where they are, or were, conducting activities. Furthermore, any State employee or designated agent
conducting such activities must promptly furnish whatever information is required concerning such
activities to any such wildlife officer.
(6) What are the reporting requirements of the permit? Any State employee or designated agent
exercising the privileges granted by this section must keep records of all activities carried out under the
authority of this permit, including the number of Canada geese killed and their disposition. The State
must submit an annual report detailing activities, including the time, numbers and location of birds,
eggs, and nests taken and non-lethal techniques utilized, before December 31 of each year. The State
should submit the annual report to the appropriate Assistant Regional Director—Refuges and Wildlife
(see §10.22 of this subchapter).
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(7) What are the limitations of the special permit? The following limitations apply:
(i) Nothing in this section applies to any Federal land within a State's boundaries without written
permission of the Federal Agency with jurisdiction.
(ii) States may not undertake any actions under any permit issued under this section if the
activities adversely affect other migratory birds or species designated as endangered or threatened
under the authority of the Endangered Species Act.
(iii) We will only issue permits to State wildlife agencies in the conterminous United States.
(iv) States may designate agents who must operate under the conditions of the permit.
(v) How long is the special permit valid? A special Canada goose permit issued or renewed under
this section expires on the date designated on the face of the permit unless it is amended or revoked or
such time that we determine that the State's population of resident Canada geese no longer poses a
threat to human health or safety, personal property, or injury to other interests. In all cases, the term of
the permit may not exceed five (5) years from the date of issuance or renewal.
(vi) Can we revoke the special permit? We reserve the right to suspend or revoke any permit, as
specified in §§13.27 and 13.28 of this subchapter.
(e) What are the OMB information collection requirements of the permit program? OMB has
approved the information collection requirements of the permit and assigned clearance number 10180099. 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 224ARLSQ, 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]

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§21.27 Special purpose permits.

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Permits may be issued for special purpose activities related to migratory birds, their parts, nests,
or eggs, which are otherwise outside the scope of the standard form permits of this part. A special
purpose permit for migratory bird related activities not otherwise provided for in this part may be issued
to an applicant who submits a written application containing the general information and certification
required by part 13 and makes a sufficient showing of benefit to the migratory bird resource, important
research reasons, reasons of human concern for individual birds, or other compelling justification.
(a) Permit requirement. A special purpose permit is required before any person may lawfully take,
salvage, otherwise acquire, transport, or possess migratory birds, their parts, nests, or eggs for any
purpose not covered by the standard form permits of this part. In addition, a special purpose permit is
required before any person may sell, purchase, or barter captive-bred, migratory game birds, other
than waterfowl, that are marked in compliance with §21.13(b) of this part.
(b) Application procedures. Submit application for special purpose permits to the appropriate
Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional
Directors in 50 CFR 2.2. Each application must contain the general information and certification
required in §13.12(a) of this subchapter, and the following additional information:
(1) A detailed statement describing the project or activity which requires issuance of a permit,
purpose of such project or activity, and a delineation of the area in which it will be conducted. (Copies
of supporting documents, research proposals, and any necessary State permits should accompany
the application);
(2) Numbers and species of migratory birds involved where same can reasonably be determined
in advance; and
(3) Statement of disposition which will be made of migratory birds involved in the permit activity.
(c) Additional permit conditions. Inaddition to the general conditions set forth in part 13 of this
subchapter B, special purpose permits shall be subject to the following conditions:
(1) Permittees shall maintain adequate records describing the conduct of the permitted activity, the
numbers and species of migratory birds acquired and disposed of under the permit, and inventorying
and identifying all migratory birds held on December 31 of each calendar year. Records shall be
maintained at the address listed on the permit; shall be in, or reproducible in English; and shall be
available for inspection by Service personnel during regular business hours. A permittee may be
required by the conditions of the permit to file with the issuing office an annual report of operation.
Annual reports, if required, shall be filed no later than January 31 of the calendar year following the year
for which the report is required. Reports, if required, shall describe permitted activities, numbers and
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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]

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§21.28 [Reserved]
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§21.29 Falconry standards and falconry permitting.
(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)
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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 taken from the wild 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) 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) Electronic reporting. The State, tribe, or territory must work with us to ensure that the electronic
3-186A reporting system (http://permits.fws.gov/186A) for reporting take, transfers, and loss of falconry
birds is fully operational for residents of that jurisdiction.
(3) 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 the FEDERAL REGISTER adding 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.
(4) Review of a State, tribal, or territorial falconry program. We may review the administration of an
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approved State's, tribe's, or territory's falconry program if complaints from the public or law
enforcement investigations indicate the need for a review or for 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 the 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.
(5) 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)(5)(ii) of this section if we determine that the State, tribe, or territory has
deficiencies in one or more items in paragraph (b)(4) 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
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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 captive-bred 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.
(6) 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.
(7) 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 permitting problems have been rectified.
(8) 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.
(9) Standards in effect in your place of residence. If you live in any State except Hawaii, you may
practice falconry as permitted in these regulations if you have a falconry permit from your State, tribe,
or territory.
(c) Practicing falconry—
(1) 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
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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.
(2) 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 take raptors less than 1 year old, except nestlings, from the wild during any period or
periods specified by the State, tribe, or territory. You may take any raptor species from the wild except
a federally listed threatened or endangered species or the following species: Bald eagle (Haliaeetus
leucocephalus), white-tailed eagle (Haliaeetus albicilla), Steller's sea-eagle (Haliaeetus pelagicus),
golden eagle (Aquila chrysaetos), American swallow-tailed kite (Elanoides forficatus), Swainson's
hawk (Buteo swainsoni), peregrine falcon (Falco peregrinus), flammulated owl (Otus flammeolus), elf
owl (Micrathene whitneyi), and short-eared owl (Asio flammeus).
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(F) You may possess a raptor of any Falconiform or Strigiform species, including wild, captivebred, or hybrid individuals, except a federally listed threatened or endangered species, a bald eagle
(Haliaeetus leucocephalus), a white-tailed eagle (Haliaeetus albicilla), a Steller's sea-eagle (Haliaeetus
pelagicus), or a golden eagle (Aquila chrysaetos).
(G) You do not need to capture a wild raptor yourself; it can be transferred to you by another
falconry permittee.
(H) You may not possess a raptor taken from the wild as a nestling.
(I) You may not possess a bird that is imprinted on humans.
(J) 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
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.
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(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)(2)(iv).
(C) You may possess any captive-bred individuals or hybrids of species your State, tribe, or
territory allows you to possess for use in falconry.
(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 as eagles, ferruginous hawks, 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 for use in falconry.
(3) 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.
(4) 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.
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(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.
(5) 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)(2) 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.
(6) Banding or tagging raptors used in falconry. (i) If you take a goshawk, Harris's hawk (Parabuteo
unicinctus), peregrine falcon (Falco peregrinus), or gyrfalcon (Falco rusticolus) from the wild or acquire
one from another falconer or a rehabilitator, and if the raptor is not already banded, you must band it
with a permanent, nonreusable, numbered U.S. 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 addition to the band. You must
report the band number 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 the band number) in the electronic database at http://permits.fws.gov/186A or, if
required by your permitting agency, 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). 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 the raptor at http://permits.fws.gov/186A or, if required by your permitting agency, by
submitting a paper form 3-186A to your State, tribal, or territorial agency that governs falconry. You
must replace a seamless band that is removed or lost. You may implant an ISO-compliant (134.2 kHz)
microchip in a falconry raptor in addition to the seamless band.
(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:
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(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 within 10 days of 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 ISO-compliant 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.
(7) 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).
(8) 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
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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 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 falconry bird must have access to a pan of clean water unless weather conditions, the
perch type used, or some other factor makes access to a water pan unsafe for the raptor.
(B) An indoor facility must be large enough to allow easy access for the care and feeding of
raptors kept there.
(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 allow them to maintain healthy feathers.
(3) An eyas raptor may be kept in any suitable container or enclosure until it is capable of flight.
(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, heavyduty 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.
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(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 agree that the falconry facilities and raptors may be inspected
without advance notice by State, tribal (if applicable), or territorial authorities at any reasonable time of
day, but you must be present. If your facilities are not on property that you own, you must submit a
signed and dated statement showing that the property owner agrees that the falconry facilities and
raptors may be inspected by State, tribal (if applicable), or territorial authorities at any reasonable time
of day in the presence of the property owner; except that the authorities may not enter the facilities or
disturb the raptors unless you are present.
(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 the permanent facility where it
is housed.
(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.
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(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 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) Inspections. Falconry equipment and records may be inspected 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
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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 up to two golden eagles from the wild and only in a livestock
depredation area during the time the depredation area and associated depredation permit or
depredation control order are in effect. A livestock depredation area is declared by USDA Wildlife
Services and permitted under §22.23, or upon the request of a State governor and authorized by the
Service Director pursuant to §§22.31 and 22.32.
(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.
(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.
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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 a General or Master
Falconer, you may take only 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.
(ii) If you are a Master Falconer authorized to possess golden eagles for use in falconry, you may
capture a golden eagle in a livestock or wildlife depredation area during the time the depredation area
and associated depredation permit or depredation control order are in effect.
(A) You may capture an immature or subadult golden eagle.
(B) You may 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 or wildlif
(C) You may take a nesting adult golden eagle only if a biologist representing the agency
responsible for declaring the depredation area has determined that the adult eagle is preying on
livestock or wildlife and that any nestling of the adult will be taken by a falconer authorized to possess it
or by the biologist and transferred to an individual authorized to possess it.
(D) You must determine the locations of the livestock or wildlife depredation areas declared by
USDA Wildlife Services, or published in the FEDERAL REGISTER by the Service in response to a State
governor's request. We will not notify you about them.
(E) Before you begin any trapping activities, you must inform our regional Law Enforcement office
of your capture plans. You must notify the office in person, in writing, or via facsimile or email at least 3
business days before you start trapping. You may send an email with your trapping plans to
[email protected], or you may deliver your trapping plans in person or by mail to the Law
Enforcement office in your region at the applicable street address provided at 50 CFR 2.2. Telephone
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Enforcement office in your region at the applicable
street address provided at 50 CFR 2.2. Telephone
and fax numbers are as follows:

Region Law enforcement office telephone number
Law enforcement office fax number
1
503-231-6125
503-231-2193
2
505-248-7889
505-248-7899
3
612-713-5320
612-713-5283
4
404-679-7057
404-679-7065
5
413-253-8274
413-253-8459
6
303-236-7540
303-236-7901
7
907-786-3311
907-786-3313
8
916-414-6660
916-414-6715
(F) 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.
(G) 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.
(iii) 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.
(iv) 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.
(v) 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.
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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.
(vi) You must leave at least one young from any nest or aerie from which you take a nestling.
(vii) If you are an Apprentice Falconer, you may not take a nestling from the wild.
(viii) 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)(2)(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.
(ix) 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
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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 3-186A 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 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, 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)(ii)(E) 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.
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(8) Flying a hybrid raptor in falconry. When flown free, a hybrid raptor must have attached at least
two functioning 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 raptor you wish to release is not native to the State or territory, or is a hybrid of any kind,
you may not permanently 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.
(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 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.
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(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
sharp-shinned 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
sharp-shinned 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) Within 10 days of transferring 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.
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(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 captivebred 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.
(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
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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 commercial entertainment; for advertisements; as a
representation of any business, company, corporation, or other organization; or for promotion or
endorsement of any products, merchandise, goods, services, meetings, or fairs, with the following
exceptions:
(A) You may use a falconry raptor to promote or endorse a nonprofit falconry organization or
association.
(B) You may use a falconry raptor to promote or endorse products or endeavors related to
falconry, including, but not limited to items such as hoods, telemetry equipment, giant hoods, perches,
materials for raptor facilities, falconry training and education materials, and scientific research and
publication.
(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.
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(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 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 tail feathers and primary and secondary wing 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 303-2872110.
(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.
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(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 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
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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, and any conditions on your CITES certificate.
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your State, 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 You may trap a bird for falconry in the following counties if you comply with the
trap in conditions below.
(i)
Cochise, Graham, Pima, Pinal, or Santa Cruz.
Arizona,
(ii) New Doa Ana, Eddy, Grant, Hidalgo, Lea, Luna, Otero, Sierra, or Socorro.
Mexico,
(iii)
Aransas, Brewster, Brooks, Calhoun, Cameron, Culberson, Duval, Ector, El Paso, Hidalgo,
Texas, 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.
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(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.
(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:
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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 k nowledge 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) at the Apprentice Falconer level for at least 2 years, including
maintaining, training, flying, and hunting the raptor(s) for 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.
(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:
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(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, as amended at 74 FR 64640, Dec. 8, 2009; 75 FR 931, Jan. 7, 2010; 75 FR 3395, Jan.
21, 2010; 75 FR 81141, Dec. 27, 2010; 76 FR 71912, Nov. 21, 2011; 77 FR 66408, Nov. 5, 2012; 78 FR 35152,
June 12, 2013; 78 FR 72832, Dec. 4, 2013]

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§21.30 Raptor propagation permits.
(a) Legal basis for regulating raptor propagation. (1) Among other actions, the Migratory Bird Treaty
Act (MBTA) (16 U.S.C. 703 et seq.) prohibits any person from capturing from the wild, possessing,
purchasing, bartering, selling, or offering to purchase, barter, or sell raptors (vultures, kites, eagles,
hawks, caracaras, falcons, and owls) listed in §10.13 of this chapter unless the activities are allowed
by Federal permit issued pursuant to this part and part 13 of this chapter, or as permitted by regulations
in this part.
(i) This section covers all “native” raptors (accipitriformes, falconiformes, and strigiformes listed in
§10.13 of this chapter), and applies to any person who possesses one or more wild-caught, captivebred, or hybrid raptors protected under the MBTA to use in raptor propagation, except that neither bald
eagles (Haliaeetus leucocephalus) nor golden eagles (Aquila chrysaetos) may be propagated under
these regulations or any other permit regulation listed in part 21 of this chapter.
(ii) You must have a Federal raptor propagation permit before you may capture from the wild,
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possess, transport, import, purchase, barter, or offer to sell, purchase, or barter any raptor, raptor egg,
or raptor semen for propagation purposes. Your State may require that you also have a State permit.
(2) Other regulations, such as those for the Convention on International Trade in Endangered
Species of Wild Fauna and Flora, the Wild Bird Conservation Act, and State regulations, may affect
propagation-related activities. In cases in which more than one set of regulations affect raptor
propagation, the most restrictive requirements affecting the activity will apply.
(b) Species available for raptor propagation. If you have a raptor propagation permit, you may
attempt to propagate any species of raptor listed in §10.13 of this chapter, with the following
exceptions:
(1) You may not propagate bald eagles (Haliaeetus leucocephalus) or golden eagles (Aquila
chrysaetos) under a raptor propagation permit or any other permit regulation listed in part 21 of this
chapter.
(2) If you are authorized by your Regional Migratory Bird Permit office to do so, you may possess
and attempt to propagate threatened or endangered raptor species. See paragraphs (f) and (u) of this
section.
(c) Facilities used for raptor propagation. In addition to the general conditions found in part 13 of
this chapter, raptor propagation permits are subject to the following additional conditions:
(1) You must maintain any tethered raptor you possess under this permit in accordance with the
facilities and standards requirements in §21.29, unless you obtain a written exception to this
requirement from your Regional Migratory Bird Permit Office.
(2) For untethered raptors, your breeding facilities must be soundly constructed and entirely
enclosed with wood, wire netting, or other suitable material that provides a safe, healthy environment.
(i) Your facilities must minimize the risk of injury by providing protection from predators, pets, and
extreme weather conditions.
(ii) Your facilities must minimize the risk of raptor injuries due to collision with interior or perimeter
construction materials and equipment, such as support poles, windows, wire netting, perches, or
lights.
(iii) Your facilities must have suitable perches and nesting sites, fresh air ventilation, a source of
light, a well-drained floor, and ready access for cleaning. Each bird must have access to a pan of clean
water unless weather conditions, the perch type used, or some other factor makes access to a water
pan unsafe for the raptor.
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(iv) You do not need to house your propagation raptors separately from other raptors you hold.
However, you must keep raptors that you are not authorized to propagate separated from those you
use in propagation.
(d) Inspection. In the presence of the permittee, Federal or State officials may inspect propagation
raptors, facilities, equipment, and records during business hours on any day of the week.
(e) Banding of raptors used for propagation. —(1) Certain species. You must band a goshawk
(Accipiter gentilis), Harris's hawk (Parabuteo unicinctus), peregrine falcon (Falco peregrinus), or
gyrfalcon (Falco rusticolus) that you take from the wild to use in captive propagation.
(i) You must use a nonreusable band that we provide.
(ii) You may purchase and implant an ISO (International Organization for Standardization)compliant 134.2 kHz microchip in the raptor in addition to banding it.
(iii) You must report the information on the raptor (including information identifying the microchip, if
you implant one, and where it is located) at http://permits.fws.gov/186A or by submitting a paper FWS
Form 3-186A form to your State or tribal agency that governs propagation, if applicable, and to us.
(2) Banding nestlings. Unless a particular nestling is specifically exempted, you must band every
captive-bred raptor within 2 weeks of hatching.
(i) You must use a numbered, seamless band that we will provide.
(ii) You must use a band with an inside diameter that is small enough to prevent loss or removal of
the band when the raptor is grown without causing serious injury to the raptor or damaging the band's
integrity or one-piece construction.
(iii) You may band a nestling with more than one band of different sizes if you cannot determine the
proper size when you band the nestling. You must then remove and destroy all but the correctly sized
band before the nestling is 5 weeks old.
(iv) You may submit a letter requesting an exemption from the banding requirement for any
nestling or fledgling for which the band causes a problem. If you demonstrate that the band itself or the
behavior of the raptor in response to the band poses a hazard to the raptor, we may exempt that raptor
from the banding requirement. You must destroy the band after you remove it.
(3) You may purchase and implant an ISO-compliant 134.2 kHz microchip in the raptor in addition
to a band. You must report information to identify the microchip and where on the raptor the chip is
implanted when you report your acquisition of the raptor.
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(4) If a captive-bred raptor is not banded with a seamless band, or if you must remove the
seamless band from a captive-bred raptor, you must band the bird with a nonreusable band that we
provide.
(f) Taking and transferring raptors or raptor eggs from the wild to use in propagation. You may take
no more than two raptors or raptor eggs from the wild each year to use in propagation.
(1) The State must authorize you to take the raptor(s) or egg(s) from the wild.
(2) You must comply with all State laws in taking raptor(s) or egg(s) from the wild.
(3) You may take a raptor listed in §17.11(h) of this chapter as “endangered” or “threatened” from
the wild only if you have a permit under part 17 of this chapter (See paragraph (u) of this section.).
(4) You may transfer a raptor taken from the wild for propagation to any other person authorized to
possess it, except that you must comply with the prohibitions in §21.29 on a transfer to a falconer.
(g) Transfer, purchase, sale, or barter of captive-bred raptors, eggs, or semen.
(1) You may transfer, sell, or barter a lawfully possessed captive-bred raptor to another person
authorized to possess captive-bred raptors if the raptor is marked on the metatarsus by a seamless,
numbered band that we provide.
(2) You may transfer, sell, or barter a lawfully possessed raptor egg or raptor semen produced by
a raptor held under your captive propagation permit (including a raptor taken from the wild) to another
raptor propagation permittee.
(3) You may not purchase, sell, or barter any raptor eggs or any raptors taken from the wild in the
United States or its territories or possessions, any semen collected from a raptor in the wild in the
United States or its territories or possessions, or any raptor hatched from eggs taken from the wild in
the United States or its territories or possessions.
(h) Required paperwork. You must have a copy of a properly completed FWS Form 3-186A
(Migratory Bird Acquisition and Disposition Report) for each raptor you acquire or that is transferred to
you.
(1) You do not have to submit or have a copy of an FWS Form 3-186A for raptors you produce by
captive propagation if you keep the raptors in your possession under your propagation permit.
(2) If you sell, trade, barter, or transfer a raptor held under your captive propagation permit, even if
the transfer is to a falconry permit you hold, you must complete an FWS Form 3-186A and send it to us
within 5 calendar days of the transfer.
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(i) Care of a propagation raptor by another person—
(1) Care of a propagation raptor by another permittee. The regulations in this paragraph pertain to
care of propagation raptors by persons other than the permittee. Another person who can legally
possess raptors may care for a propagation raptor for you for up to 120 calendar days.
(i) The person must have a letter from you authorizing him or her to care for the birds, beginning
on the date of your letter.
(ii) The raptor will remain on your raptor propagation permit. If the person who temporarily holds it
for you is a falconer or a captive propagator, the raptor will not be counted against his or her
possession limit on raptors held for falconry or propagation. However, the other person may not use the
raptor in falconry or in propagation.
(iii) If you wish to have someone else care for a propagation raptor for more than 120 days, or if
you wish to let another person use the raptor in falconry or captive propagation, you must transfer the
raptor to that person and report the transfer by submitting a completed FWS Form 3-186A.
(2) Care of a propagation raptor by an individual who does not have a propagation or falconry
permit. Another person may care for propagation raptors you possess for up to 120 consecutive
calendar days.
(i) The raptor(s) will remain on your propagation 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. The person(s) caring for your raptors may not fly them for any
reason.
(j) Care of nestlings by an individual who does not hold a migratory bird permit. Another person
may temporarily care for and band nestlings you hold from the time they are hatched until they are fully
feathered. You may allow the other person to keep the nestlings at another location. You must give the
individual a letter authorizing him or her to care for the nestlings, beginning on the date of your letter.
The care might be part of each day during the nestling period so that the nestlings can be fed, or it
might be a series of full days if transport to and from the breeding facility is not practical or needed.
(k) Disposition of molted feathers from a live raptor or carcasses of raptors held under your
permit.
(1) You may donate the body or feathers of any species you possess under your propagation
permit to any person or institution exempt under §21.12 or authorized by permit to acquire and possess
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such parts or feathers.
(2) For any raptor you hold under your propagation permit, if the bird was banded or microchipped
prior to its death, you may keep the body to have the feathers available for imping or to have the body
mounted by a taxidermist. You may use the mount in propagation activities or 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, the microchip must be placed inside the mounted bird.
(3) If you do not wish to donate the bird body or feathers or keep it or them 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.
(4) 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 raptor propagation or falconry permit.
However, you may not buy, sell, or barter the feathers. You must keep the paperwork documenting your
acquisition of the bird.
(l) Raptor products. You 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 to possess
them.
(m) Release to the wild. You may release a captive-bred raptor to the wild if it is allowed by the
State or territory in which you wish to release the raptor, except that you may not release a hybrid
raptor to the wild. You must leave the captive-bred band on any raptor you release to the wild.
(n) Conservation education programs. You may use a raptor you possess for raptor propagation in
conservation education programs presented in public venues.
(1) You do not need a Federal education permit to conduct conservation education activities using
a propagation raptor.
(2) You must use the raptor primarily for propagation.
(3) You may charge a fee for presentation of a conservation education program. The fee may not
exceed the amount required to recoup your costs.
(4) 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.
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(5) You are responsible for all liability associated with conservation education activities you
undertake (see §13.50 of this chapter).
(o) Permit restrictions. With limited exceptions, you may use raptors held under your captive
propagation permit only for propagation or keep them to transfer or sell. You must transfer a raptor
used in captive propagation to a falconry permit before you or another person may use it in falconry. If
you transfer a raptor used in captive propagation to another permit, you and the recipient of the raptor
(which might be you) must complete an FWS Form 3-186A and report the transfer. You do not need to
transfer a bird from your falconry permit (if you hold one) if you use the bird 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 paragraph (e).
(p) Training propagation raptors. You may use falconry training or conditioning practices such as,
but not limited to, creance (tethered) flying, lures, balloons, or kites in training or conditioning captivebred progeny of raptors you hold under your permit.
(1) Until the raptors are 1 year old, you may use captive-bred offspring in actual hunting as a
means of training them. To do so, you will not need to transfer them to another permit type. You may
not use them in hunting after their first year if they are held under your captive propagation permit.
(2) Any hybrid raptor that you fly free must have at least two attached radio transmitters to help you
to locate the bird.
(3) You may not hunt at any time with raptors you use in propagation.
(q) Hacking of propagation raptors. “Hacking” (temporary release to the wild) is an approved
method to condition raptors. You may hack a raptor that you produce under your propagation permit.
(1) You may need permission from your State or tribal wildlife agency to hack a raptor you
possess under your propagation permit. Check with your State or tribal agency that regulates falconry
to determine if hacking is allowed.
(2) Any hybrid you hack must have two attached functioning radio transmitters during hacking.
(3) You may not hack a raptor 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 raptor. You should
contact your State or territorial wildlife agency before hacking a falconry raptor to ensure that this does
not occur. Contact the Fish and Wildlife Service office in your State or territory for information on
federally listed species.
(r) Transfer of propagation raptors and offspring if a permittee dies. A surviving spouse, executor,
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administrator, or other legal representative of a deceased raptor propagation permittee may transfer
any bird, eggs, or semen held by the deceased 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 our discretion.
(s) Records of captive propagation efforts. You must maintain complete and accurate records of
all operations, including the following, for at least 5 years after the expiration of your permit. However,
you may want to retain your records for a longer time if you want to get another migratory bird permit, a
Convention on International Trade in Endangered Species of Wild Fauna and Flora permit, or a Wild
Bird Conservation Act permit.
(1) The acquisition of raptors, eggs, or semen you acquired from the wild or that were transferred
to you.
(i) What you acquired, and the species, sex, age, and band number of each bird you acquired.
(ii) Whether you acquired the raptor, egg, or semen from the wild or you purchased it or it was
transferred to you.
(2) The disposition of raptors, eggs, or semen you sell or transfer to another permittee. The
information should include the band number of raptors you sell or transfer.
(t) Annual report. You must submit a completed FWS Form 3-202-8 to your Regional Migratory
Bird Permit office by January 31 each year for January 1 through December 31 of the preceding year.
(u) Endangered or threatened species. If you wish to propagate endangered or threatened
species, you must have at least 2 years of experience handling raptors in a propagation program or
programs. You may also need an endangered species permit to propagate threatened or endangered
raptors. See §§17.21 and 17.22 of this chapter for permit requirements to propagate threatened or
endangered raptors.
(v) Applying for a Federal raptor propagation permit. Using FWS Form 3-200-12, you must submit
your application for a raptor propagation permit to the appropriate Regional Director, to the attention of
the Migratory Bird Permit Office. You can find addresses for the Regional Directors in 50 CFR 2.2. Your
application must contain the general information and the certification required in §13.12(a) of this
chapter, a copy of your State permit authorizing raptor propagation, if your State requires one, and a
description (including dimensions), drawings, and photographs of the facilities and equipment you will
use.
(w) Criteria for issuing a permit. When we receive a completed application, we will decide whether
we should issue a permit to you. We will consider the general criteria in part 13 of this chapter and the
following factors:
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following factors:
(1) You must be at least 18 years old and have at least 2 full years of experience handling raptors.

(2) You must have a propagation permit or other authorization for raptor propagation from your
State or Tribe, if your State or Tribe requires it.
(3) Your raptor propagation facilities must be adequate for the number and species of raptors to be
held under your permit.
(x) Updating a raptor propagation permit after a move. If you move within your State or get a new
mailing address, you must notify us within 30 days (see §13.23(c) of this chapter). If you move to a new
State, within 30 days you must inform both your former and your new (if applicable) Migratory Bird
Permit Offices of your address change. If you have new propagation facilities, you must provide
information, pictures, and diagrams of them, and they may be inspected in accordance with Federal or
State requirements. Thereafter, no mandatory inspections of the facilities will continue.
(y) Permit expiration. Your Federal permit may be valid for up to 5 years from when it is issued or
renewed. It will expire on the same day as your State permit, unless your State permit is for a period
longer than 5 years, or unless we amend, suspend, or revoke it.
[76 FR 29667, May 23, 2011]

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§21.31 Rehabilitation permits.
(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
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(v) Receive, stabilize, and transfer within 48 hours types of migratory bird species not authorized
by your permit, in cases of emergency. If a rehabilitator authorized to care for the bird is not available
within that timeframe, you must contact the issuing office for authorization to retain the bird until it can
be transferred.
(2) The permit does not authorize the use of migratory birds for educational purposes.
(c) How do I apply for a migratory bird rehabilitation permit? You must apply to the appropriate
Regional Director—Attention Migratory Bird Permit Office. You can find addresses for the appropriate
Regional Directors in §2.2 of subchapter A of this chapter. Your application package must consist of
the following:
(1) A completed application (Form 3-200-10b);
(2) A copy of your State rehabilitation permit, license, or other authorization, if one is required in
your State; and
(3) A check or money order made payable to the “U.S. Fish and Wildlife Service” in the amount of
the application fee for permits issued under this section listed in §13.11 of this chapter.
(d) What criteria will the Service consider before issuing a permit? (1) Upon receiving an
application completed in accordance with paragraph (c) of this section, the Regional Director will
decide whether to issue you a permit based on the general criteria of §13.21 of this chapter and
whether you meet the following requirements:
(i) You must be at least 18 years of age with at least 100 hours of hands-on experience, gained
over the course of at least 1 whole year, rehabilitating the types of migratory birds you intend to
rehabilitate (e.g., waterbirds, raptors), or comparable experience. Up to 20 hours of the 100-hour time
requirement may be fulfilled by participation in migratory bird rehabilitation seminars and courses.
(ii) Your facilities must be adequate to properly care for the type(s) of migratory bird species you
intend to rehabilitate, or you must have a working relationship with a person or organization with such
facilities.
(iii) You must have an agreement with a licensed veterinarian to provide medical care for the birds
you intend to rehabilitate, unless you are a licensed veterinarian.
(iv) You must have a State permit, license, or other authorization to rehabilitate migratory birds if
such authorization required by your State.
(2) In issuing a permit, the Regional Director may place restrictions on the types of migratory bird
species you are authorized to rehabilitate, based on your experience and facilities as well as on the
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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
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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 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
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require amputation of a leg, a foot, or a wing at the elbow or above (humero-ulnar joint) rather than
performing such surgery, unless:
(A) A licensed veterinarian submits a written recommendation that the bird should be kept alive,
including an analysis of why the bird is not expected to experience the injuries and/or ailments that
typically occur in birds with these injuries and a commitment (from the veterinarian) to provide medical
care for the bird for the duration of its life, including complete examinations at least once a year;
(B) A placement is available for the bird with a person or facility authorized to possess it, where it
will receive the veterinary care described in paragraph (e)(4)(iii)(A) of this section; and
(C) The issuing office specifically authorizes continued possession, medical treatment, and
rehabilitative care of the bird.
(iv) You must obtain authorization from your issuing Migratory Bird Permit Office before
euthanizing endangered and threatened migratory bird species. In rare cases, the Service may
designate a disposition other than euthanasia for those birds. If Service personnel are not available, you
may euthanize endangered and threatened migratory birds without Service authorization when prompt
euthanasia is warranted by humane consideration for the welfare of the bird.
(v) You may place nonreleasable live birds that are suitable for use in educational programs, foster
parenting, research projects, or other permitted activities with persons permitted or otherwise
authorized to possess such birds, with prior approval from your issuing Migratory Bird Permit Office.
(vi)(A) You may donate dead birds and parts thereof, except threatened and endangered species,
and bald and golden eagles, to persons authorized by permit to possess migratory bird specimens or
exempted from permit requirements under §21.12.
(B) You must obtain approval from your issuing office before disposing of or transferring any live or
dead endangered or threatened migratory bird specimen, parts, or feathers.
(C) You must send all dead bald and golden eagles, and their parts and feathers to: National Eagle
Repository, Building 128, Rocky Mountain Arsenal, Commerce City, CO 80022. If your State requires
you to notify State wildlife officers of a dead bald or golden eagle before sending the eagle to the
Repository you must comply with State regulations. States may assume temporary possession of the
carcasses for purposes of necropsy.
(D) Unless specifically required to do otherwise by the Service, you must promptly destroy all other
dead specimens by such means as are necessary to prevent any exposure of the specimens to
animals in the wild.
(vii) With authorization from your issuing Migratory Bird Permit Office, you may hold a
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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.
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(8) Annual report. You must submit an annual report that includes the information required by
paragraph (e)(7) for the preceding calendar year to your issuing Migratory Bird Permit Office by the
date required on your permit. You may complete Service Form 3-202-4, or submit your annual report
from a database you maintain, provided your report contains all, and only, the information required by
Form 3-202-4.
(9) At the discretion of the Regional Director, we may stipulate on the face of your permit additional
conditions compatible with the permit conditions set forth in this section, to place limits on numbers
and/or types of birds you may possess under your permit, to stipulate authorized location(s) for your
rehabilitation activities, or otherwise specify permitted activities, based on your experience and
facilities.
(f) How does this permit apply to oil and hazardous waste spills? Prior to entering the location of an
oil or hazardous material spill, you must obtain authorization from the U.S. Fish and Wildlife Service
Field Response Coordinator or other designated Service representative and obtain permission from the
On-Scene Coordinator. All activities within the location of the spill are subject to the authority of the 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
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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.
[68 FR 61137, Oct. 27, 2003, as amended at 73 FR 59477, Oct. 8, 2008; 75 FR 29918, May 28, 2010]

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Subpart D—Control of Depredating and Otherwise Injurious Birds
Back to Top
§21.41 Depredation permits.
(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;
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(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]

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§21.42 Authority to issue depredating orders to permit the killing of migratory game birds.
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 the FEDERAL REGISTER a
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;
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(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 the FEDERAL REGISTER an 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.
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§21.43 Depredation order for blackbirds, cowbirds, grackles, crows, and magpies.
You do not need a Federal permit to control the species listed in the table below if they are
committing or about to commit depredations on ornamental or shade trees, agricultural crops,
livestock, or wildlife, or when concentrated in such numbers and manner that they are a health hazard
or other nuisance:
Blackbirds
Brewer's (Euphagus
cyanocephalus)
Red-winged (Agelaius
phoeniceus)
Yellow-headed
(Xanthocephalus
xanthocephalus)

Cowbirds
Bronzed
(Molothrus
aeneus)
Brown-headed
(Molothrus ater)

Grackles
Crows
Magpies
Boat-tailed
American (Corvus Black-billed
(Quiscalus major) brachyrhynchos) (Pica
hudsonia).
Common
Fish (Corvus
Yellow-billed
(Quiscalus
ossifragus)
(Pica nuttalli).
quiscula)
Shiny (Molothrus Great-tailed
Northwestern
bonariensis)
(Quiscalus
(Corvus caurinus)
mexicanus)
Greater Antillean
(Quiscalus niger)

(a) You must attempt to control depredation by species listed under this depredation order using
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non-lethal methods before you may use lethal control.
(b) In most cases, if you use a firearm to kill migratory birds under the provisions of this section,
you must use nontoxic shot or nontoxic bullets to do so. See §20.21(j) of this chapter for a listing of
approved nontoxic shot types. However, this prohibition does not apply if you use an air rifle, an air
pistol, or a 22 caliber rimfire firearm for control of depredating birds under this order.
(c) If you exercise any of the privileges granted by this section, you must allow any Federal, State,
tribal, or territorial wildlife law enforcement officer unrestricted access at all reasonable times (including
during actual operations) over the premises on which you are conducting the control. You must furnish
the officer whatever information he or she may require about your control operations.
(d) You may kill birds under this order only in a way that complies with all State, tribal, or territorial
laws or regulations. You must have any State, tribal, or territorial permit required to conduct the activity.
(e) You may not sell, or offer to sell, any bird, or any part thereof, killed under this section, but you
may possess, transport, and otherwise dispose of the bird or its parts.
(f) Any person or agency acting under this depredation order must provide to the appropriate
Regional Migratory Bird Permit Office an annual report for each species taken. You can find the
addresses for the Regional Migratory Bird Permit Offices in §2.2 of subchapter A of this chapter. You
must submit your report by January 31st of the following year, and you must include the following
information:
(1) Your name, address, phone number, and e-mail address;
(2) The species and number of birds taken;
(3) The months in which the birds were taken;
(4) The State(s) and county(ies) in which the birds were taken; and
(5) The general purpose for which the birds were taken (such as for protection of agriculture,
human health and safety, property, or natural resources).
(g) The Office of Management and Budget has approved the information collection requirements
associated with this depredation order and assigned OMB Control No. 1018-0146. 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
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.
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[75 FR 75156, Dec. 2, 2010]

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§21.44 Depredation order for horned larks, house finches, and white-crowned sparrows in
California.
Horned larks (Eremophila alpestris), house finches (Carpodacus mexicanus), and white-crowned
sparrows (Zonotrichia leucophrys) may be taken in Fresno, Merced, Napa, and Sonoma Counties in
California if they are depredating on agricultural or horticultural crops. Take of birds under this order
must be done under the supervision of the county agriculture commissioner. You do not need a Federal
permit for this depredation control as long as you meet the conditions below, but a depredation permit
(see §21.41 in this subpart) is required for take of other migratory bird species, or for take of horned
larks or white-crowned sparrows from May 1 through October 31.
(a) When is take allowed under this depredation order?
(1) Horned larks and white-crowned sparrows may be controlled from November 1 through April
30.
(2) House finches may be controlled at any time.
(b) Use of nonlethal control. Each season, before lethal control may be undertaken, the landowner
must attempt to use nonlethal control of migratory bird depredation as recommended by the U.S.
Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services. The county
agriculture commissioner must confirm that nonlethal measures have been undertaken to control or
eliminate the problem prior to the landowner using lethal control.
(c) Ammunition. Except when using an air rifle or an air pistol, if firearms are used to kill migratory
birds under the provisions of this regulation, the shooter must use nontoxic shot or nontoxic bullets to
do so. See §20.21(j) of this chapter for a listing of approved nontoxic shot types.
(d) Disposition of carcasses. Specimens useful for scientific purposes may be transferred to any
entity authorized to possess them. If not transferred, all carcasses of birds killed under this order must
be buried or otherwise destroyed. None of the above migratory birds killed, or the parts thereof, or the
plumage of such birds, may be sold or removed from the area where killed.
(e) Annual report. Any county official acting under this depredation order must provide an annual
report to the Regional Migratory Bird Permit Office using FWS Form 3-202-20-2144. The address for
the Regional Migratory Bird Permit Office is in §2.2 of subchapter A of this chapter, and is on the form.
The report is due by January 31st of the year after control activities are undertaken.
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[78 FR 65581, Nov. 1, 2013]

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§21.45 Depredation order for depredating purple gallinules in Louisiana.
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.
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§21.46 Depredation order for depredating scrub jays and Steller's jays in Washington and
Oregon.
Landowners, sharecroppers, tenants, or their employees or agents actually engaged in the
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Landowners, sharecroppers, tenants,eCFR
or their
employees or agents actually engaged in the
production of nut crops in Washington and Oregon may, without a permit, take scrub jays
(Aphelocoma coerulescens) and Steller's jays (Cyanocitta stelleri) when found committing or about to
commit serious depredations to nut crops on the premises owned or occupied by such persons:
Provided:

(a) That scrub jays and Steller's jays may only be taken pursuant to this section between August 1
and December 1 in any year, in the Washington counties of Clark, Cowlitz, and Lewis; and the Oregon
counties of Benton, Clackamas, Lane, Linn, Marion, Multnomah, Polk, Washington, and Yamhill.
(b) That scrub jays and Steller's jays taken pursuant to this section shall not be transported or sold
or offered for sale except that, such transportation within the area, as may be necessary to bury or
otherwise destroy the carcasses of such birds is permitted: Provided, That the Director of the State
agricultural department, college, or other public institution may requisition such scrub jays and Steller's
jays killed as may be needed for scientific investigations.
(c) That such birds may be taken only by trapping or shooting and on areas where serious
depredations are being or are about to be committed.
(d) That any person exercising any of the privileges granted by this section shall permit at all
reasonable times, including during actual operations, any Federal or State game or deputy game agent,
warden, protector, or other law enforcement officer free and unrestricted access over the premises on
which such operations have been or are being conducted; and shall furnish promptly to such officer
whatever information he may require, concerning said operations.
(e) That nothing in this section shall be construed to authorize the killing of such migratory birds
contrary to any State laws or regulations; and that none of the privileges granted under this section
shall be exercised unless the person possesses whatever permit as may be required for such
activities by the States of Washington and Oregon.
(f) That any person authorized by this section to exercise the privileges granted therein shall
maintain records of the number of birds killed on the premises and shall submit a report thereof, on or
before December 31 of each year, to the appropriate Special Agent in Charge (see §10.22 of this
subchapter).
[39 FR 31326, Aug. 28, 1974]

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§21.47 Depredation order for double-crested cormorants at aquaculture facilities.
(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
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and Federal fish hatcheries.
(b) In what areas can this depredation order be implemented? This depredation order applies to
commercial freshwater aquaculture facilities and to State and Federal fish hatcheries in the States of
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Minnesota, Mississippi, North Carolina,
Oklahoma, South Carolina, Tennessee, and Texas.
(c) What does this depredation order allow and who can participate? (1) This depredation order
authorizes landowners, operators, and tenants (or their employees or agents) actually engaged in the
commercial, Federal, or State production of freshwater aquaculture stocks to take, without a Federal
permit, double-crested cormorants when they are found committing or about to commit depredations to
aquaculture stocks. This authority is applicable only during daylight hours and only within the
boundaries of freshwater commercial aquaculture facilities or State and Federal hatcheries.
(2) This depredation order authorizes employees of the Wildlife Services program of the U.S.
Department of Agriculture Animal and Plant Health Inspection Service to take double-crested
cormorants, with appropriate landowner permission, at roost sites in the vicinity of aquaculture
facilities, at any time, day or night, during the months of October, November, December, January,
February, March, and April.
(3) Authorized employees of the Wildlife Services program of the U.S. Department of Agriculture
Animal and Plant Health Inspection Service may designate agents to carry out control, provided these
individuals act under the conditions of the order.
(d) What are the terms and conditions of this order? (1) Persons operating under paragraph (c)(1)
of this section may only do so in conjunction with an established nonlethal harassment program as
certified by officials of the Wildlife Services program of the U.S. Department of Agriculture Animal and
Plant Health Inspection Service. Wildlife Services directive 2.330 outlines this certification process.
(2) Double-crested cormorants may be taken only by shooting with firearms, including rifles.
Persons using shotguns are required to use nontoxic shot as listed in 50 CFR 20.21(j).
(3) Persons operating under this depredation order may use decoys, taped calls, or other devices
to lure within gun range birds committing or about to commit depredations.
(4) Persons operating under this depredation order must obtain appropriate landowner permission
before implementing activities authorized by the order.
(5) Double-crested cormorants may not be killed contrary to the laws or regulations of any State,
and none of the privileges of this section may be exercised unless the person possesses the
appropriate State or other permits, if required.
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(6) Persons operating under this depredation order must properly dispose of double-crested
cormorants killed in control efforts:
(i) Individuals may donate birds killed under authority of this order to museums or other such
scientific and educational institutions for the purposes of scientific or educational exhibition;
(ii) Individuals may also bury or incinerate birds taken; and
(iii) Individuals may not allow birds taken under this order, or their plumage, to be sold, offered for
sale, bartered, or shipped for purpose of sale or barter.
(7) Nothing in this depredation order authorizes the take of any migratory bird species other than
double-crested cormorants. Two look-alike species co-occur with double-crested cormorants in the
southeastern States: the anhinga, which occurs across the southeastern United States, and the
neotropic cormorant, which is found in varying numbers in Texas, Louisiana, and Oklahoma. Both
species can be mistaken for double-crested cormorants, but take of these two species is not
authorized under this depredation order. Persons operating under this order must immediately report
the take of a migratory bird species other than double-crested cormorants to the appropriate Service
Regional Migratory Bird Permit Office.
(8) Nothing in this depredation order authorizes the take of any species protected by the
Endangered Species Act. Persons operating under this order must immediately report the take of
species protected under the Endangered Species Act to the Service.
(i) To protect wood storks and bald eagles, the following conservation measures must be
observed within any geographic area where Endangered Species Act protection applies to these
species: All control activities are allowed if the activities occur more than 1,500 feet from active wood
stork nesting colonies, more than 1,000 feet from active wood stork roost sites, and more than 750 feet
from feeding wood storks, and if they occur more than 750 feet from active bald eagle nests.
(ii) At their discretion, landowners, operators, and tenants may contact the Regional Migratory Bird
Permit Office to request modification of the measures listed in paragraph (d)(8)(i) of this section. Such
modification can occur only if the Regional Director determines, on the basis of coordination between
the Regional Migratory Bird Permit Office and the Endangered Species Field Office, that wood storks
and bald eagles will not be adversely affected.
(iii) If adverse effects are anticipated from the control activities in a geographical area where
Endangered Species Act protection applies to wood storks or bald eagles, either during the intraService 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:
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(9) Persons operating under this depredation
order must:
(i) Keep a log recording the date, number, and location of all birds killed each year under this
authorization;

(ii) Maintain this log for a period of 3 years (and maintain records for 3 previous years of takings at
all times thereafter); and
(iii) Each year, provide the previous year's log to the appropriate Service Regional Migratory Bird
Permit Office. Regional Office addresses are found in §2.2 of subchapter A of this chapter.
(10) We reserve the right to suspend or revoke the authority of any Agency or individual granted by
this order if we find that the specified purpose, terms, and conditions have not been adhered to by that
Agency or individual or if the long-term sustainability of double-crested cormorant populations is
threatened by that Agency's or individual's action(s). The criteria and procedures for suspension,
revocation, reconsideration, and appeal are outlined in §§13.27 through 13.29 of this subchapter. For
the purposes of this section, “issuing officer” means the Regional Director and “permit” means the
authority to act under this depredation order. For purposes of §13.29(e), appeals shall be made to the
Director.
(e) Does this section contain information collection requirements? Yes, the information collection
requirements in this section are approved by the Office of Management and Budget (OMB) under OMB
control number 1018-0121. Federal agencies may not conduct or sponsor, and you are not required to
respond to, a collection of information unless it displays a currently valid OMB control number.
(f) When does this depredation order expire? This depredation order will automatically expire on
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]

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§21.48 Depredation order for double-crested cormorants to protect public resources.
(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
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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 CO2 asphyxiation. Persons using shotguns must use
nontoxic shot, as listed in 50 CFR 20.21(j). Persons using egg oiling must use 100 percent corn oil, a
substance exempted from regulation by the U.S. Environmental Protection Agency under the Federal
Insecticide, Fungicide, and Rodenticide Act.
(3) Persons operating under this depredation order may use decoys, taped calls, or other devices
to lure within gun range birds committing or about to commit depredation of public resources.
(4) Persons operating under this depredation order must obtain appropriate landowner permission
before implementing activities authorized by the order.
(5) Persons operating under this depredation order may not take double-crested cormorants
contrary to the laws or regulations of any State, and none of the privileges of this section may be
exercised unless the person possesses the appropriate State or other permits, if required.
(6) Persons operating under this depredation order must properly dispose of double-crested
cormorants killed in control efforts:
(i) Individuals may donate birds killed under authority of this order to museums or other such
scientific and educational institutions for the purposes of scientific or educational exhibition;
(ii) Individuals may also bury or incinerate birds taken; and
(iii) Individuals may not allow birds taken under this order, or their plumage, to be sold, offered for
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sale, bartered, or shipped for purpose of sale or barter.
(7) Nothing in this depredation order authorizes the take of any migratory bird species other than
double-crested cormorants. Two look-alike species co-occur with double-crested cormorants in the
southeastern States: the anhinga, which occurs across the southeastern United States, and the
neotropic cormorant, which is found in varying numbers in Texas, Louisiana, Kansas, and Oklahoma.
Both species can be mistaken for double-crested cormorants, but take of these two species is not
authorized under this depredation order. Persons operating under this order must immediately report
the take of a migratory bird species other than double-crested cormorants to the appropriate Service
Regional Migratory Bird Permit Office.
(8) Nothing in this depredation order authorizes the take of any species protected by the
Endangered Species Act. Persons operating under this order must immediately report the take of
species protected under the Endangered Species Act to the Service.
(i) To protect piping plovers, interior least terns, wood storks, and bald eagles, the following
conservation measures must be observed within any geographic area where Endangered Species Act
protection applies to these species:
(A) The discharge/use of firearms to kill or harass double-crested cormorants or use of other
harassment methods are allowed if the control activities occur more than 1,000 feet from active piping
plover or interior least tern nests or colonies; occur more than 1,500 feet from active wood stork
nesting colonies, more than 1,000 feet from active wood stork roost sites, and more than 750 feet from
feeding wood storks; or occur more than 750 feet from active bald eagle nests;
(B) Other control activities such as egg oiling, cervical dislocation, CO2 asphyxiation, 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
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and the Endangered Species Field Office, that the species listed in paragraph (d)(8)(i) of this section
will not be adversely affected.
(iii) If adverse effects are anticipated from the control activities in a geographical area where
Endangered Species Act protection applies to any of the four species listed in paragraph (d)(8)(i) of this
section, either during the intra-Service coordination discussions described in paragraph (d)(8)(i)(C) of
this section or at any other time, the Regional Migratory Bird Permit Office will initiate consultation with
the Endangered Species Field Offices.
(9) Responsible Agencies must, before they initiate any control activities in a given year, provide a
one-time written notice to the appropriate Service Regional Migratory Bird Permit Office indicating that
they intend to act under this order.
(i) Additionally, if any Agency plans a single control action that would individually, or a succession
of such actions that would cumulatively, kill more than 10 percent of the double-crested cormorants in
a breeding colony, it must first provide written notification to the appropriate Service Regional Migratory
Bird Permit Office. This letter must be received no later than 30 days in advance of the activity and
must provide:
(A) The location (indicating specific colonies, if applicable) of the proposed control activity;
(B) A description of the proposed control activity, specifying what public resources are being
impacted, how many birds are likely to be taken and what approximate percentage they are of total
DCCOs present, and which species of other birds are present; and
(C) Contact information for the person in charge of the control action.
(ii) The Regional Director may prevent any such activity by notifying the agency in writing if the
Regional Director deems the activity a threat to the long-term sustainability of double-crested
cormorants or any other migratory bird species.
(10) Persons operating under this order must keep records of all activities, including those of
designated agents, carried out under this order. On an annual basis, Agencies must provide the
Service Regional Migratory Bird Permit Office with a report detailing activities conducted under the
authority of this order, including:
(i) By date and location, a summary of the number of double-crested cormorants killed and/or
number of nests in which eggs were oiled;
(ii) A statement of efforts being made to minimize incidental take of nontarget species and a report
of the number and species of migratory birds involved in such take, if any;
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(iii) A description of the impacts or anticipated impacts to public resources by double-crested
cormorants and a statement of the management objectives for the area in question;
(iv) A description of the evidence supporting the conclusion that double-crested cormorants are
causing or will cause these impacts;
(v) A discussion of other limiting factors affecting the resource (e.g., biological, environmental, and
socioeconomic); and
(vi) A discussion of how control efforts are expected to, or actually did, alleviate resource impacts.
(11) Agencies must provide annual reports to the appropriate Service Regional Migratory Bird
Permit Office, as described in paragraph (d)(10) of this section, by December 31 for the reporting
period October 1 of the previous year to September 30 of the same year. For example, reports for the
period October 1, 2003, to September 30, 2004, would be due on or before December 31, 2004. The
Service will regularly review Agency reports and will periodically assess the overall impact of this
program to ensure compatibility with the long-term conservation of double-crested cormorants and
other resources.
(12) In some situations, Agencies may deem it necessary to reduce or eliminate local breeding
populations of double-crested cormorants to reduce the occurrence of resource impacts.
(i) For such actions, Agencies must:
(A) Comply with paragraph (d)(9) of this section;
(B) Carefully plan activities to avoid disturbance of nontarget species;
(C) Evaluate effects of management activities on cormorants at the control site;
(D) Evaluate, by means of collecting data or using best available information, effects of
management activities on the public resources being protected and on nontarget species; and
(E) Include this information in the report described in paragraph (d)(10) of this section.
(ii) Agencies may coordinate with the appropriate Service Regional Migratory Bird Permit Office in
the preparation of this information to attain technical or other assistance.
(13) We reserve the right to suspend or revoke the authority of any Agency, Tribe, or State Director
granted by this order if we find that the specified purpose, terms, and conditions have not been adhered
to or if the long-term sustainability of double-crested cormorant populations is threatened by the
action(s) of that Agency, Tribe, or State Director. The criteria and procedures for suspension,
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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]

Back to Top
§21.49 Control order for resident Canada geese at airports and military airfields.
(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
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deem appropriate. To minimize lethal take, airports and military airfields should follow this procedure:
(i) Assess the problem to determine its extent or magnitude, its impact on current operations, and
the appropriate control method to be used.
(ii) Base control methods on sound biological, environmental, social, and cultural factors.
(iii) Formulate appropriate methods into a control strategy that uses several control techniques
rather than relying on a single method.
(iv) Implement all appropriate nonlethal management techniques (such as harassment and habitat
modification) in conjunction with take authorized under this order.
(2)(i) Methods of take for the control of resident Canada geese are at the airport's and military
airfield's discretion from among the following:
(A) Egg oiling,
(B) Egg and nest destruction,
(C) Shooting,
(D) Lethal and live traps,
(E) Nets,
(F) Registered animal drugs, pesticides, and repellants,
(G) Cervical dislocation, and
(H) CO2 asphyxiation.
(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
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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 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.
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(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
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authority will be made by the appropriate Regional Director. The criteria and procedures for
suspension, revocation, reconsideration, and appeal are outlined in §§13.27 through 13.29 of this
subchapter. For the purposes of this section, “issuing officer” means the Regional Director and
“permit” means the authority to act under this control order. For purposes of §13.29(e), appeals must
be made to the Director.
(f) Has the Office of Management and Budget (OMB) approved the information collection
requirements of the control order? OMB has approved the information collection and recordkeeping
requirements of the control order under OMB control number 1018-0133. We may not conduct or
sponsor, and you are not required to respond to, a collection of information unless it displays a
currently valid OMB control number. You may send comments on the information collection and
recordkeeping requirements to the Service's Information Collection Clearance Officer, U.S. Fish and
Wildlife Service, MS 222—ARLSQ, 1849 C Street NW., Washington, DC 20240.
[71 FR 45986, Aug. 10, 2006, as amended at 72 FR 46408, Aug. 20, 2007]

Back to Top
§21.50 Depredation order for resident Canada geese nests and eggs.
(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
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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
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
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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
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resident Canada goose populations no longer need to be reduced in order to resolve or prevent injury to
people, property, agricultural crops, or other interests, we may choose to terminate part or all of the
depredation order by subsequent regulation. In all cases, we will annually review the necessity and
effectiveness of the depredation order.
(f) Has the Office of Management and Budget (OMB) approved the information collection
requirements of the depredation order? OMB has approved the information collection and
recordkeeping requirements of the depredation order under OMB control number 1018-0133. We may
not conduct or sponsor, and you are not required to respond to, a collection of information unless it
displays a currently valid OMB control number. You may send comments on the information collection
and recordkeeping requirements to the Service's Information Collection Clearance Officer, U.S. Fish
and Wildlife Service, MS 222—ARLSQ, 1849 C Street NW., Washington, DC 20240.
[71 FR 45988, Aug. 10, 2006, as amended at 72 FR 46408, Aug. 20, 2007]

Back to Top
§21.51 Depredation order for resident Canada geese at agricultural facilities.
(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 wildlifedamage 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.
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(d) What are the restrictions of the depredation order for resident Canada geese at agricultural
facilities? The depredation order for resident Canada geese at agricultural facilities is subject to the
following restrictions:
(1) Only landowners, operators, and tenants (or their employees or agents) actively engaged in
commercial activities (agricultural producers) so designated by the States may act under this order.
(2) Authorized agricultural producers should use nonlethal goose management tools to the extent
they deem appropriate. To minimize lethal take, agricultural producers should adhere to the following
procedure:
(i) Assess the problem to determine its extent or magnitude, its impact to current operations, and
the appropriate control method to be used.
(ii) Base control methods on sound biological, environmental, social, and cultural factors.
(iii) Formulate appropriate methods into a control strategy that uses the approach/concept that
encourages the use of several control techniques rather than relying on a single method.
(iv) Implement all appropriate nonlethal management techniques (such as harassment and habitat
modification) in conjunction with take authorized under this order.
(3)(i) Methods of take for the control of resident Canada geese are at the State's or Tribe's
discretion among the following:
(A) Egg oiling,
(B) Egg and nest destruction,
(C) Shotguns,
(D) Lethal and live traps,
(E) Nets,
(F) Registered animal drugs, pesticides, and repellants,
(G) Cervical dislocation, and
(H) CO2 asphyxiation.
(ii) Birds caught live may be euthanized or transported and relocated to another site approved by
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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
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nests and eggs contrary to the laws or regulations
of any State or Tribe, and none of the privileges of
this section may be exercised unless the agricultural producer possesses the appropriate State or
Tribal permits, when required. Moreover, this regulation does not authorize the killing of any migratory
bird species or destruction of their nests or eggs other than resident Canada geese.

(10) States and Tribes exercising the privileges granted by this section must submit an annual
report summarizing activities, including the numbers and County of birds, nests, and eggs taken, by
December 31 of each year to the Regional Migratory Bird Permit Office listed in §2.2 of this subchapter.
(11) Nothing in this section applies to any Federal land without written permission of the Federal
agency with jurisdiction.
(12) Authorized agricultural producers may not undertake any actions under this section if the
activities adversely affect other migratory birds or species designated as endangered or threatened
under the authority of the Endangered Species Act. Persons operating under this order must
immediately report the take of any species protected under the Endangered Species Act to the Service.
Further, to protect certain species from being adversely affected by management actions, agricultural
producers must:
(i) Follow the Federal-State Contingency Plan for the whooping crane;
(ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest;
and
(iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for
all management activities.
(e) Can the depredation order be suspended? We reserve the right to suspend or revoke a State,
Tribal, or agricultural producer's authority under this program if we find that the terms and conditions
specified in the depredation order have not been adhered to by that State or Tribe. Final decisions to
revoke authority will be made by the appropriate Regional Director. The criteria and procedures for
suspension, revocation, reconsideration, and appeal are outlined in §§13.27 through 13.29 of this
subchapter. For the purposes of this section, “issuing officer” means the Regional Director and
“permit” means the authority to act under this depredation order. For purposes of §13.29(e), appeals
must be made to the Director. Additionally, at such time that we determine that resident Canada geese
populations no longer pose a threat to agricultural crops or no longer need to be reduced in order to
resolve or prevent injury to agricultural crops or other agricultural interests, we may choose to
terminate part or all of the depredation order by subsequent regulation. In all cases, we will annually
review the necessity and effectiveness of the depredation order.
(f) Has the Office of Management and Budget (OMB) approved the information collection
requirements of the depredation order? OMB has approved the information collection and
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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]

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§21.52 Public health control order for resident Canada geese.
(a) Which Canada geese are covered by this order? This regulation addresses the control and
management of resident Canada geese, as defined in §21.3.
(b) What is the public health control order for resident Canada geese, and what is its purpose? The
public health control order for resident Canada geese authorizes States, Tribes, and the District of
Columbia, via the State or Tribal wildlife agency, to conduct resident Canada goose control and
management activities including direct control strategies such as trapping and relocation, nest and egg
destruction, gosling and adult trapping and culling programs, or other lethal and non-lethal wildlife
damage-management strategies when resident Canada geese are posing a direct threat to human
health.
(c) What is a direct threat to human health? A direct threat to human health is one where a
Federal, State, Tribal, or local public health agency has determined that resident Canada geese pose a
specific, immediate human health threat by creating conditions conducive to the transmission of
human or zoonotic pathogens. The State or Tribe may not use this control order for situations in which
resident Canada geese are merely causing a nuisance.
(d) Who may participate in the program? Only State and Tribal wildlife agencies in the lower 48
States and the District of Columbia (or their employees or agents) may conduct and implement the
various components of the public health control order for resident Canada geese.
(e) What are the restrictions of the public health depredation order for resident Canada geese?
The public health control order for resident Canada geese is subject to the following restrictions:
(1) Authorized State and Tribal wildlife agencies should use nonlethal goose management tools to
the extent they deem appropriate.
(2)(i) Methods of take for the control of resident Canada geese are at the State's and Tribe's
discretion from among the following:
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(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) CO2 asphyxiation.
(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
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1-800-327-BAND (or 2263).
(5) Resident Canada geese may be taken only within the specified area of the direct threat to
human health.
(6) Authorized State and Tribal wildlife agencies, and their employees and agents operating under
the provisions of this section may not use decoys, calls, or other devices to lure birds within gun range.
(7) No person conducting activities under this section should construe the program as authorizing
the killing of resident Canada geese or destruction of their nests and eggs contrary to any State law or
regulation, nor may any control activities be conducted on any Federal land without specific
authorization by the responsible management agency. No person may exercise the privileges granted
under this section unless they possess any permits required for such activities by any State or Federal
land manager.
(8) Any State or Tribal employee or designated agent authorized to carry out activities under this
section must have a copy of the State's or Tribal authorization and designation in their possession
when carrying out any activities. If the State or Tribe is conducting operations on private property, the
State or Tribe must also require the property owner or occupant on whose premises resident Canada
goose activities are being conducted to allow, at all reasonable times, including during actual
operations, free and unrestricted access to any Service special agent or refuge officer, State or Tribal
wildlife or deputy wildlife agent, warden, protector, or other wildlife law enforcement officer on the
premises where they are, or were, conducting activities. Furthermore, any State or Tribal employee or
designated agent conducting such activities must promptly furnish whatever information is required
concerning such activities to any such wildlife officer.
(9) States and Tribes exercising the privileges granted by this section must submit an annual
report summarizing activities, including the numbers and County of birds taken, by December 31 of
each year to the Regional Migratory Bird Permit Office listed in §2.2 of this subchapter.
(10) Authorized State and Tribal wildlife agencies may not undertake any actions under this section
if the activities adversely affect other migratory birds or species designated as endangered or
threatened under the authority of the Endangered Species Act. Persons operating under this order
must immediately report the take of any species protected under the Endangered Species Act to the
Service. Further, to protect certain species from being adversely affected by management actions,
State and Tribal wildlife agencies must:
(i) Follow the Federal-State Contingency Plan for the whooping crane;
(ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest;
(iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for
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(iii) Follow all Regional (or National when
available) Bald Eagle Nesting Management guidelines for
all management activities;

(iv) Contact the Arizona Fish and Wildlife Service Ecological Services Office (for the Colorado
River and Arizona sites) or the Carlsbad Fish and Wildlife Office (for Salton Sea sites) if control
activities are proposed in or around occupied habitats (cattail or cattail bulrush marshes) to discuss the
proposed activity and ensure that implementation will not adversely affect clapper rails or their habitats;
and
(v) In California, any control activities of resident Canada geese in areas used by the following
species listed under the Endangered Species Act must be done in coordination with the appropriate
local FWS field office and in accordance with standard local operating procedures for avoiding adverse
effects to the species or its critical habitat:
(A) Birds: Light-footed clapper rail, California clapper rail, Yuma clapper rail, California least tern,
southwestern willow flycatcher, least Bell's vireo, western snowy plover, California gnatcatcher.
(B) Amphibians: California red-legged frog and California tiger salamander.
(C) Insects: Valley elderberry longhorn beetle and delta green ground beetle.
(D) Crustaceans: Vernal pool fairy shrimp, conservancy fairy shrimp, longhorn fairy shrimp, vernal
pool tadpole shrimp, San Diego fairy shrimp, and Riverside fairy shrimp.
(E) Plants: Butte County meadowfoam, large-flowered wooly meadowfoam, Cook's lomatium,
Contra Costa goldfields, Hoover's spurge, fleshy owl's clover, Colusa grass, hairy Orcutt grass, Solano
grass, Greene's tuctoria, Sacramento Valley Orcutt grass, San Joaquin Valley Orcutt grass, slender
Orcutt grass, California Orcutt grass, spreading navarretia, and San Jacinto Valley crownscale.
(f) Can the control order be suspended? We reserve the right to suspend or revoke a State's or
Tribe's authority under this program if we find that the terms and conditions specified in the depredation
order have not been adhered to by that agency. Final decisions to revoke authority will be made by the
appropriate Regional Director. The criteria and procedures for suspension, revocation, reconsideration,
and appeal are outlined in §§13.27 through 13.29 of this subchapter. For the purposes of this section,
“issuing officer” means the Regional Director and “permit” means the authority to act under this control
order. For purposes of §13.29(e), appeals must be made to the Director. Additionally, at such time that
we determine that resident Canada geese populations no longer pose direct threats to human health,
we may choose to terminate part or all of the control order by subsequent regulation. In all cases, we
will annually review the necessity and effectiveness of the control order.
(g) Has the Office of Management and Budget (OMB) approved the information collection
requirements of the control order? OMB has approved the information collection and recordkeeping
requirements of the control order under OMB control number 1018-0133. We may not conduct or
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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]

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§21.53 Control order for purple swamphens.
(a) Control of purple swamphens. Federal, State, Tribal, and local wildlife management agencies,
and their tenants, employees, or agents may remove or destroy purple swamphens (Porphyrio
porphyrio) or their nests or eggs at any time when they find them anywhere in the contiguous United
States, Hawaii, Alaska, the Commonwealth of Puerto Rico, or the U.S. Virgin Islands. Any authorized
agency personnel may temporarily possess, transport, and dispose of purple swamphens, subject to
the restrictions in paragraph (c) of this section. No permit is necessary to engage in these actions.
(b) Disposal of purple swamphens. If you are authorized to control purple swamphens, you may
dispose of purple swamphens by the following methods: You may donate purple swamphens taken
under this order to public museums or public institutions for scientific or educational purposes; you
may dispose of the carcasses by burial or incineration; or, if the carcasses are not readily retrievable,
you may leave them in place. No one may retain for personal use, offer for sale, or sell a purple
swamphen removed under this section.
(c) Other provisions. (1) You may not remove or destroy purple swamphens or their nests or eggs
if doing so is contrary to any State, territorial, tribal, or local laws or regulations.
(2) You may not remove or destroy purple swamphens or their nests or eggs if doing so will
adversely affect other migratory birds or species designated as endangered or threatened under the
authority of the Endangered Species Act. In particular, the purple swamphen resembles the native
purple gallinule (Porphyrula martinica). Authorized persons must take special care not to take purple
gallinules or their nests or eggs when conducting purple swamphen control activities. Certain persons
may take purple gallinules without a permit on rice-producing property in Louisiana according to the
terms of a separate depredation order (see §21.45).
(3) If you use firearms to control purple swamphens under this regulation, you may use only
nontoxic shot or nontoxic bullets for the control.
(4) If, while operating under this regulation, an authorized person takes any other species
protected under the Endangered Species Act, the Migratory Bird Treaty Act, or the Bald and Golden
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Eagle Protection Act, that person must immediately report the take to the nearest Ecological Services
office of the Fish and Wildlife Service. See http://www.fws.gov/where/ to find the location of the nearest
Ecological Services office.
(5) We may suspend or revoke the authority of any agency or individual to undertake purple
swamphen control if we find that agency or individual has, without an applicable permit, taken actions
that may take Federally listed threatened or endangered species or any bird species protected by the
Bald and Golden Eagle Protection Act or the Migratory Bird Treaty Act (see §10.13 of subchapter A of
this chapter for the list of protected migratory bird species), or otherwise violated Federal regulations.
[75 FR 9316, Mar. 1, 2010]

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§21.54 Control order for muscovy ducks in the United States.
(a) Control of muscovy ducks. Anywhere in the contiguous United States except in Hidalgo, Starr,
and Zapata Counties in Texas, and in Alaska, Hawaii, and U.S. territories and possessions, landowners
and Federal, State, Tribal, and local wildlife management agencies, and their tenants, employees, or
agents may, without a Federal permit, remove or destroy muscovy ducks (Cairina moschata)
(including hybrids of muscovy ducks), or their nests, or eggs at any time when found. Any authorized
person may temporarily possess, transport, and dispose of muscovy ducks taken under this order.
(b) Muscovy ducks in Hidalgo, Starr, and Zapata Counties in Texas. In these counties, take of
muscovy ducks, their nests, and their eggs may be allowed if we issue a depredation permit for the
activity.
(c) Disposal of muscovy ducks. You may donate muscovy ducks taken under this order to public
museums or public institutions for scientific or educational purposes, or you may dispose of them by
burying or incinerating them. You may not retain for personal use or consumption, offer for sale, or sell
a muscovy duck removed under authority of this section, nor may you release it in any other location.
(d) Other provisions. (1) You must comply with any State, territorial, or Tribal laws or regulations
governing the removal or destruction of muscovy ducks or their nests or eggs.
(2) You may not remove or destroy muscovy ducks or their nests or eggs if doing so will adversely
affect other migratory birds or species designated as endangered or threatened under the authority of
the Endangered Species Act. If you use a firearm to kill muscovy ducks under the provisions of this
section, you must use nontoxic shot or nontoxic bullets to do so.
(3) If you operate under this order, you must immediately report the take of any species protected
under the Endangered Species Act, or any other bird species protected under the Migratory Bird Treaty
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Act, to the Fish and Wildlife Service Ecological Services Office for the State or location in which the
take occurred.
(4) We reserve the right to suspend or revoke the authority of any agency or individual to undertake
muscovy duck control if we find that the agency or individual has undertaken actions that may harm
Federally listed threatened or endangered species or are contrary to the provisions of this part.
[75 FR 9321, Mar. 1, 2010]

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Subpart E—Control of Overabundant Migratory Bird Populations
Back to Top
§21.60 Conservation order for light geese.
(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,
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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? (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 Midcontinent 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 the FEDERAL REGISTER when 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:
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(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 onehalf 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;
(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;
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(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
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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.
(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
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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 the FEDERAL 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 the FEDERAL 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 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; 73 FR 70914, Nov. 24, 2008]

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§21.61 Population control of resident Canada geese.
(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
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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
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of one-half hour before sunrise to one-half hour after sunset.
(4) Nothing in the program may limit or initiate management actions on Federal land without
concurrence of the Federal agency with jurisdiction.
(5) States and Tribes must designate participants who must operate under the conditions of the
managed take program.
(6) States and Tribes must inform participants of the requirements/conditions of the program that
apply.
(7) States and Tribes must keep annual records of activities carried out under the authority of the
program. Specifically, information must be collected on:
(i) The number of individuals participating in the program;
(ii) The number of days individuals participated in the program;
(iii) The total number of resident Canada geese shot and retrieved during the program; and
(iv) The number of resident Canada geese shot but not retrieved. The States and Tribes must
submit an annual report summarizing activities conducted under the program and an assessment of
the continuation of the injuries on or before June 1 of each year to the Chief, Division of Migratory Bird
Management, 4401 North Fairfax Drive, ms-MBSP-4107, Arlington, Virginia 22203.
(e) What is required for individuals to participate in the program? Individual participants in State
and Tribal programs covered by the managed take program must comply with the following
requirements:
(1) Participants must comply with all applicable State and Tribal laws or regulations including
possession of whatever permit(s) or other authorization(s) may be required by the State or Tribal
government concerned.
(2) Participants who take resident Canada geese under the program may not sell or offer for sale
those birds or their plumage, but may possess, transport, and otherwise properly use them.
(3) Participants must permit at all reasonable times, including during actual operations, any
Service special agent or refuge officer, State or Tribal wildlife or deputy wildlife agent, warden,
protector, or other wildlife law enforcement officer free and unrestricted access over the premises on
which such operations have been or are being conducted and must promptly furnish whatever
information an officer requires concerning the operation.
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(4) Participants may take resident Canada geese by any method except those prohibited as
follows:
(i) With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery
gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance.
(ii) From or by means, aid, or use of a sinkbox or any other type of low-floating device, having a
depression affording the person a means of concealment beneath the surface of the water.
(iii) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft
of any kind, except that paraplegic persons and persons missing one or both legs may take from any
stationary motor vehicle or stationary motor-driven land conveyance.
(iv) From or by means of any motorboat or other craft having a motor attached, or any sailboat,
unless the motor has been completely shut off and the sails furled, and its progress has ceased. A
craft under power may be used only to retrieve dead or crippled birds; however, the craft may not be
used under power to shoot any crippled birds.
(v) By the use or aid of live birds as decoys. No person may take resident Canada geese on an
area where tame or captive live geese are present unless such birds are, and have been for a period of
10 consecutive days before the taking, confined within an enclosure that substantially reduces the
audibility of their calls and totally conceals the birds from the sight of resident Canada geese.
(vi) By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for
the purpose of or resulting in the concentrating, driving, rallying, or stirring up of resident Canada
geese.
(vii) By the aid of baiting, or on or over any baited area, where a person knows or reasonably
should know that the area is or has been baited as described in §20.11(j) and (k) of this part. Resident
Canada geese may not be taken on or over lands or areas that are baited areas, and where grain or
other feed has been distributed or scattered solely as the result of manipulation of an agricultural crop
or other feed on the land where grown, or solely as the result of a normal agricultural operation as
described in §20.11(h) and (l) of this part. However, nothing in this paragraph prohibits the taking of
resident Canada geese on or over the following lands or areas that are not otherwise baited areas:
(A) Standing crops or flooded standing crops (including aquatics); standing, flooded, or
manipulated natural vegetation; flooded harvested croplands; or lands or areas where seeds or grains
have been scattered solely as the result of a normal agricultural planting, harvesting, post-harvest
manipulation or normal soil stabilization practice as described in §20.11(g), (i), (l), and (m) of this part;
(B) From a blind or other place of concealment camouflaged with natural vegetation;
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(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
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from being adversely affected by management actions, States must:
(i) Follow the Federal State Contingency Plan for the whooping crane;
(ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest;
and
(iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for
all management activities.
(i) Has the Office of Management and Budget (OMB) approved the information collection
requirements of the program? OMB has approved the information collection and recordkeeping
requirements of the program under OMB control number 1018-0133. We may not conduct or sponsor,
and you are not required to respond to, a collection of information unless it displays a currently valid
OMB control number. You may send comments on the information collection and recordkeeping
requirements to the Service's Information Collection Clearance Officer, U.S. Fish and Wildlife Service,
MS 222—ARLSQ, 1849 C Street, NW., Washington, DC 20240.
[71 FR 45992, Aug. 10, 2006, as amended at 72 FR 46409, Aug. 20, 2007]

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