Regulatory Authorizations for Migratory Bird and Eagle Possession by the General Public, Educators, and Government Agencies; 50 CFR 21 and 22

The U.S. Fish and Wildlife Service (Service) is the Federal agency delegated with the primary responsibility for managing migratory birds, including bald eagles and golden eagles. Our authority derives primarily from the Migratory Bird Treaty Act (MBTA, 16 U.S.C. 703 et seq.), which implements conventions with Great Britain (for Canada), Mexico, Japan, and the Russian Federation. The MBTA protects certain migratory birds from take, except as permitted under the MBTA. We implement the provisions of the MBTA through regulations in parts 10, 13, 20, 21, and 22 of title 50 of the Code of Federal Regulations (CFR). Regulations pertaining to migratory bird permits are set forth at 50 CFR part 21. In addition, the Bald and Golden Eagle Protection Act (Eagle Protection Act; 16 U.S.C. 668–668d) prohibits take of bald eagles and golden eagles except pursuant to Federal regulations. The Eagle Protection Act authorizes the Secretary of the Interior to issue regulations to permit the “taking” of eagles for various purposes, including the protection of “other interests in any particular locality” (16 U.S.C. 668a), provided the taking is compatible with the preservation of eagles. Regulations pertaining to eagle permits are set forth at 50 CFR part 22. We prepared proposed regulations (RIN 1018-BC76) to revise current regulatory authorizations and add new regulatory authorizations for possession of migratory birds and eagles and other purposes. These proposed changes would more efficiently and appropriately provide authorization to the general public, educators, and government agency employees while meeting our obligations under the MBTA and the Eagle Protection Act. The Service has long authorized activities under regulatory authorizations. The origins of the regulatory authorization “general exceptions to permit requirements” (50 CFR 21.12) can be traced back as far as 1944. With this proposed rulemaking action, we seek to address the need for better organization and transparency by redesignating the existing regulatory authorizations codified at 50 CFR 21.12(a)–(d) to their own sections. We propose revisions to these current regulations to add clarity and consistency. The Service also proposes new regulatory authorizations. Finally, we propose to modify the limitations on permits under the Airborne Hunting Act regulations (50 CFR part 19) to support emerging uses of technology for bird conservation.

The latest form for Regulatory Authorizations for Migratory Bird and Eagle Possession by the General Public, Educators, and Government Agencies; 50 CFR 21 and 22 expires 2028-06-30 and can be found here.

Written Petitions – Request for Waiver from Disqualification (50 CFR 21.5) - Individuals

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