50 CFR 21 Subpart E - Control of Overabundant Migratory Bird Populations

Title 50 Part 21 → Subpart E
e-CFR data is current as of February 11, 2020

Title 50 → Chapter I → Subchapter B → Part 21→ Subpart E

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Title 50: Wildlife and Fisheries
PART 21—MIGRATORY BIRD PERMITS

Subpart E—Control of Overabundant Migratory
Bird Populations
Contents
§21.60 Conservation order for light geese.
§21.61 Population control of resident Canada geese.

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§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, 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 Mid-continent Population and Western Central Flyway
Population, combined) has been exceeded. Authorization of the conservation order in the U.S. portion of the
Mississippi and Central Flyways will occur after the Director determines the degree to which the management goal
has been exceeded, the trajectory of population growth, anticipated harvest that would result from implementation
of the conservation order, and whether or not similar conservation actions will be conducted in Canada.
(3) The Director may authorize a conservation order for the reduction of light geese (lesser snow and Ross's
geese) for any State or Tribe contained within the Pacific Flyway by publishing a notice under paragraph (e) of this
section when the Director determines that light goose numbers in the western Arctic have exceeded the ability of
their breeding habitat to support them.
(e) How will the conservation order be authorized for a particular Flyway? The Director will publish a notice in
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:
(1) Activities conducted under the conservation order may not affect endangered or threatened species as
designated under the Endangered Species Act.
(2) Control activities must be conducted clearly as such and are intended to relieve pressures on migratory birds
and habitat essential to migratory bird populations only and are not to be construed as opening, reopening, or
extending any open hunting season contrary to any regulations promulgated under Section 3 of the Migratory Bird
Treaty Act.
(3) Control activities may be conducted only when all waterfowl (including light goose) and crane hunting seasons,
excluding falconry, are closed.
(4) Control measures employed through this section may be used only between the hours of one-half hour before
sunrise to one-half hour after sunset.
(5) Nothing in the conservation order may limit or initiate management actions on Federal land without
concurrence of the Federal agency with jurisdiction.
(6) States and Tribes must designate participants who must operate under the conditions of the conservation
order.
(7) States and Tribes must inform participants of the requirements and conditions of the conservation order that
apply.

(8) States and tribes must keep annual records of activities carried out under the authority of the conservation
order. Specifically, information must be collected on:
(i) The number of persons participating in the conservation order;
(ii) The number of days people participated in the conservation order;
(iii) The number of light geese shot and retrieved under the conservation order; and
(iv) 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, at the address
provided at 50 CFR 2.1(b). Information from Tribes may be incorporated in State reports.
(g) What is required for persons to participate in the conservation order? Individual participants in State or Tribal
programs covered by the conservation order must comply with the following provisions:
(1) Nothing in the conservation order authorizes the take of light geese contrary to any State or Tribal laws or
regulations, and none of the privileges granted under the conservation order may be exercised unless persons
acting under the authority of the conservation order possess whatever permit or other authorization(s) may be
required for such activities by the State or Tribal government concerned.
(2) Persons who take light geese under the conservation order may not sell or offer for sale those birds or their
plumage but may possess, transport, and otherwise properly use them.
(3) Persons acting under the authority of the conservation order must permit at all reasonable times, including
during actual operations, any Federal or State game or deputy game agent, warden, protector, or other game law
enforcement officer free and unrestricted access over the premises on which such operations have been or are
being conducted and must promptly furnish whatever information an officer requires concerning the operation.
(4) Persons acting under the authority of the conservation order may take light geese by any method except those
prohibited as follows:
(i) With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machine
gun, fish hook, poison, drug, explosive, or stupefying substance.
(ii) From or by means, aid, or use of a sinkbox or any other type of low floating device having a depression
affording the person a means of concealment beneath the surface of the water.
(iii) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind,
except that paraplegics and persons missing one or both legs may carry out take activities from any stationary
motor vehicle or stationary motor-driven land conveyance.
(iv) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor
has been completely shut off and the sails furled, and its progress has ceased. A craft under power may be used
only to retrieve dead or crippled birds; however, the craft may not be used under power to shoot any crippled bird.
(v) By the use or aid of live birds as decoys. It is a violation of this paragraph (g) for any person to take light geese
on an area where tame or captive live geese are present unless such birds are and have been for a period of 10
consecutive days before the taking, confined within an enclosure that substantially reduces the audibility of their
calls and totally conceals the birds from the sight of light geese.
(vi) By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or
resulting in the concentrating, driving, rallying, or stirring up of light geese.
(vii) By the aid of baiting, or on or over any baited area, where a person knows or reasonably should know that the
area is or has been baited as described in §20.11(j-k). Light geese may not be taken on or over lands or areas that
are baited areas, and where grain or other feed has been distributed or scattered solely as the result of
manipulation of an agricultural crop or other feed on the land where grown, or solely as the result of a normal
agricultural operation as described in §20.11(h) and (l). However, nothing in this paragraph (g) prohibits the taking
of light geese on or over the following lands or areas that are not otherwise baited areas:
(A) Standing crops or flooded standing crops (including aquatics); standing, flooded, or manipulated natural
vegetation; flooded harvested croplands; or lands or areas where seeds or grains have been scattered solely as
the result of a normal agricultural planting, harvesting, postharvest manipulation or normal soil stabilization
practice as described in §20.11(g), (i), (l), and (m);

(B) From a blind or other place of concealment camouflaged with natural vegetation;
(C) From a blind or other place of concealment camouflaged with vegetation from agricultural crops, as long as
such camouflaging does not result in the exposing, depositing, distributing, or scattering of grain or other feed; or
(D) Standing or flooded standing agricultural crops where grain is inadvertently scattered solely as a result of a
hunter entering or exiting a hunting area, placing decoys, or retrieving downed birds.
(viii) Participants may not possess shot (either in shotshells or as loose shot for muzzleloading) other than steel
shot, bismuth-tin, tungsten-iron, tungsten-polymer, tungsten-matrix, tungsten-bronze, tungsten-nickel-iron,
tungsten-tin-iron, tungsten-nickel-iron-tin, tungsten-iron-copper-nickel, or other shots that are authorized in
§20.21(j).
(h) Can the conservation order be suspended? The Director reserves the right to suspend or revoke a State's or
Tribe's authority under the conservation order if we find that the State or Tribe has not adhered to the terms and
conditions specified in this section. The criteria for suspension and revocation are outlined in §13.27 and §13.28 of
this subchapter. Upon appeal, final decisions to revoke authority will be made by the Director. Additionally, at such
time that the Director determines that a specific population of light geese no longer poses a threat to habitats,
agricultural crops, or other interests, or is within Flyway management objectives, the Director may choose to
terminate part or all of the conservation order.
(i) Under what conditions would the conservation order be suspended? The Director will annually assess the
overall impact and effectiveness of the conservation order on each light goose population to ensure compatibility
with long-term conservation of this resource. The Director will suspend the conservation order if at any time
evidence clearly demonstrates that an individual light goose population no longer presents a serious threat of
injury to the area or areas involved. Suspension by the Director will occur by publication of a notice in 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 Service's Information
Collection Clearance Officer at the address provided at 50 CFR 2.1(b).
[73 FR 65951, Nov. 5, 2008; 73 FR 70914, Nov. 24, 2008, as amended at 79 FR 43966, July 29, 2014; 80 FR
13500, Mar. 16, 2015]
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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 dealing with, or applicable, in preventing
injury to property, agricultural crops, public health, and other interests from resident Canada geese. The Director is
authorized to allow States and Tribes to implement a population control, or managed take, program to remedy
these injuries. When authorized by the Director, managed take allows additional methods of taking resident

Canada geese, allows shooting hours for resident Canada geese to extend to one-half hour after sunset, and
removes daily bag limits for resident Canada geese inside or outside the migratory bird hunting season
frameworks as described in this section. The intent of the program is to reduce resident Canada goose populations
in order to protect personal property and agricultural crops and other interests from injury and to resolve potential
concerns about human health. The management and control activities allowed or conducted under the program
are intended to relieve or prevent damage and injurious situations. No person should construe this program as
opening, reopening, or extending any hunting season contrary to any regulations established under section 3 of
the Migratory Bird Treaty Act.
(c) What areas are eligible to participate in the program? When approved by the Director, the State and Tribal
wildlife agencies of Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa,
Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio,
Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia,
West Virginia, Wisconsin, and Wyoming may implement the resident Canada goose population control program
components in the Atlantic, Central, and Mississippi Flyway portions of these States.
(d) What is required in order for State governments to participate in a managed take program? Following the
conclusion of the first full operational year of §§21.49 through 21.52 of this part, any wildlife agency from a State
listed in 21.61(c) may request approval for the population control program. A request must include a discussion of
the State's or Tribe's efforts to address its injurious situations utilizing the methods approved in this rule or a
discussion of the reasons why the methods authorized by these rules are not feasible for dealing with, or
applicable to, the injurious situations that require further action. Discussions should be detailed and provide the
Service with a clear understanding of the injuries that continue, why the authorized methods utilized have not
worked, and why methods not utilized could not effectuate resolution of the injuries. A State's request for approval
may be for an area or areas smaller than the entire State. Upon written approval by the Director, any State or
Tribal government responsible for the management of wildlife and migratory birds may, without permit, kill or cause
to be killed under its general supervision, resident Canada geese under the following conditions:
(1) Activities conducted under the managed take program may not affect endangered or threatened species as
designated under the Endangered Species Act.
(2) Control activities may be conducted under this section only between August 1 and August 31.
(3) Control measures employed through this section may be implemented only between the hours of one-half hour
before sunrise to one-half hour after sunset.
(4) Nothing in the program may limit or initiate management actions on Federal land without concurrence of the
Federal agency with jurisdiction.
(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, at the address provided at
50 CFR 2.1(b).
(e) What is required for individuals to participate in the program? Individual participants in State and Tribal
programs covered by the managed take program must comply with the following requirements:
(1) Participants must comply with all applicable State and Tribal laws or regulations including possession of
whatever permit(s) or other authorization(s) may be required by the State or Tribal government concerned.
(2) Participants who take resident Canada geese under the program may not sell or offer for sale those birds or
their plumage, but may possess, transport, and otherwise properly use them.

(3) Participants must permit at all reasonable times, including during actual operations, any Service special agent
or refuge officer, State or Tribal wildlife or deputy wildlife agent, warden, protector, or other wildlife law enforcement
officer free and unrestricted access over the premises on which such operations have been or are being
conducted and must promptly furnish whatever information an officer requires concerning the operation.
(4) Participants may take resident Canada geese by any method except those prohibited as follows:
(i) With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machine
gun, fish hook, poison, drug, explosive, or stupefying substance.
(ii) From or by means, aid, or use of a sinkbox or any other type of low-floating device, having a depression
affording the person a means of concealment beneath the surface of the water.
(iii) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind,
except that paraplegic persons and persons missing one or both legs may take from any stationary motor vehicle
or stationary motor-driven land conveyance.
(iv) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor
has been completely shut off and the sails furled, and its progress has ceased. A craft under power may be used
only to retrieve dead or crippled birds; however, the craft may not be used under power to shoot any crippled birds.
(v) By the use or aid of live birds as decoys. No person may take resident Canada geese on an area where tame
or captive live geese are present unless such birds are, and have been for a period of 10 consecutive days before
the taking, confined within an enclosure that substantially reduces the audibility of their calls and totally conceals
the birds from the sight of resident Canada geese.
(vi) By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or
resulting in the concentrating, driving, rallying, or stirring up of resident Canada geese.
(vii) By the aid of baiting, or on or over any baited area, where a person knows or reasonably should know that the
area is or has been baited as described in §20.11(j) and (k) of this part. Resident Canada geese may not be taken
on or over lands or areas that are baited areas, and where grain or other feed has been distributed or scattered
solely as the result of manipulation of an agricultural crop or other feed on the land where grown, or solely as the
result of a normal agricultural operation as described in §20.11(h) and (l) of this part. However, nothing in this
paragraph prohibits the taking of resident Canada geese on or over the following lands or areas that are not
otherwise baited areas:
(A) Standing crops or flooded standing crops (including aquatics); standing, flooded, or manipulated natural
vegetation; flooded harvested croplands; or lands or areas where seeds or grains have been scattered solely as
the result of a normal agricultural planting, harvesting, post-harvest manipulation or normal soil stabilization
practice as described in §20.11(g), (i), (l), and (m) of this part;
(B) From a blind or other place of concealment camouflaged with natural vegetation;
(C) From a blind or other place of concealment camouflaged with vegetation from agricultural crops, as long as
such camouflaging does not result in the exposing, depositing, distributing, or scattering of grain or other feed; or
(D) Standing or flooded standing agricultural crops where grain is inadvertently scattered solely as a result of a
hunter entering or exiting a hunting area, placing decoys, or retrieving downed birds.
(E) Participants may not possess shot (either in shotshells or as loose shot for muzzleloading) other than steel
shot, bismuth-tin, tungsten-iron, tungsten-polymer, tungsten-matrix, tungsten-nickel iron, or other shots that are
authorized in §20.21(j) of this part.
(f) Under what conditions would we suspend the managed take program? Following authorization by the Director,
we will annually assess the overall impact and effectiveness of the program on resident Canada goose populations
to ensure compatibility with long-term conservation of this resource. If at any time evidence is presented that
clearly demonstrates that resident Canada geese populations no longer need to be reduced in order to allow
resolution or prevention of injury to people, property, agricultural crops, or other interests, the Director, in writing,
will suspend the program for the resident Canada goose population in question. However, resumption of injuries
caused by growth of the population and not otherwise addressable by the methods available in part 21 may
warrant reinstatement of such regulations. A State must reapply for approval, including the same information and
discussions noted in 21.61(d). Depending on the location of the injury or threat or injury, the Director, in writing,
may suspend or reinstate this authorization for one or more resident Canada goose populations, but not others.

(g) What population information is the State or Tribe required to collect concerning the resident Canada goose
managed take program? Participating States and Tribes must provide an annual estimate of the breeding
population and distribution of resident Canada geese in their State. The States and Tribes must submit this
estimate on or before August 1 of each year, to the Chief, Division of Migratory Bird Management, at the address
provided at 50 CFR 2.1(b).
(h) What are the general program conditions and restrictions? The program is subject to the conditions elsewhere
in this section, and, unless otherwise specifically authorized, the following conditions:
(1) Nothing in this section applies to any Federal land within a State's or Tribe's boundaries without written
permission of the Federal agency with jurisdiction.
(2) States may not undertake any actions under this section if the activities adversely affect other migratory birds
or species designated as endangered or threatened under the authority of the Endangered Species Act. Persons
operating under this section must immediately report the take of any species protected under the Endangered
Species Act to the Service. Further, to protect certain species from being adversely affected by management
actions, States must:
(i) Follow the Federal State Contingency Plan for the whooping crane;
(ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest; and
(iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all
management activities.
(i) Has the Office of Management and Budget (OMB) approved the information collection requirements of the
program? OMB has approved the information collection and recordkeeping requirements of the program under
OMB control number 1018-0133. We may not conduct or sponsor, and you are not required to respond to, a
collection of information unless it displays a currently valid OMB control number. You may send comments on the
information collection and recordkeeping requirements to the Service's Information Collection Clearance Officer at
the address provided at 50 CFR 2.1(b).
[71 FR 45992, Aug. 10, 2006, as amended at 72 FR 46409, Aug. 20, 2007; 79 FR 43966, July 29, 2014]