50 Cfr 21.46

§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 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]