50 Cfr 21.47

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ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR Data is current as of October 30, 2012
Title 50: Wildlife and Fisheries
PART 21—MIGRATORY BIRD PERMITS
Subpart D—Control of Depredating and Otherwise Injurious Birds
§ 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
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:
(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

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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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