[Code of Federal Regulations]
[Title 50, Volume 1, Parts 1 to 199]
[Revised as of October 1, 1996]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR22]
[Page 444-451]
TITLE 50--WILDLIFE AND FISHERIES
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR
PART 22--EAGLE PERMITS
Subpart A--Introduction
Sec.
22.1 Purpose of regulations.
22.2 Scope of regulations.
22.3 Definitions.
Subpart B--General Requirements
22.11 General permit requirements.
22.12 General restrictions.
Subpart C--Eagle Permits
22.21 Permits for scientific or exhibition purposes.
22.22 Permits for Indian religious purposes.
22.23 Permits to take depredating eagles.
22.24 Permits for falconry purposes.
22.25 Permits to take golden eagle nests.
Subpart D--Depredation Control Orders on Golden Eagles
22.31 Golden eagle depredations control order on request of Governor of
a State.
22.32 Conditions and limitations on taking under depredation control
order.
Authority: Sec. 2, Eagle Protection Act of June 8, 1940, Chapter
278, 54 Stat. 251; Pub. L. 87-884, 76 Stat. 1246; sec. 2, Pub. L. 92-
535, 86 Stat. 1065; sec. 9, Pub. L. 95-616, 92 Stat. 3114 (16 U.S.C.
668a).
Source: 39 FR 1183, Jan. 4, 1974, unless otherwise noted.
Subpart A--Introduction
Sec. 22.1 Purpose of regulations.
The regulations contained in this part govern the taking,
possession, and transportation of bald and golden eagles for scientific,
educational, and depredations control purposes and for the religious
purposes of Indian tribes. The import, export, purchase, sale, or barter
of bald or golden eagles, their parts, nests, or eggs is not permitted
by any regulation of this subchapter B.
Sec. 22.2 Scope of regulations.
(a) Bald eagles, alive or dead, or their parts, nests, or eggs
lawfully acquired prior to June 8, 1940, and golden eagles, alive or
dead, or their parts, nests, or eggs lawfully acquired prior to October
24, 1962, may be possessed, or transported without a Federal permit, but
may not be imported, exported, purchased, sold, traded, bartered, or
offered for purchase, sale, trade or barter; and all shipments
containing such birds, parts, nests, or eggs must be marked as provided
by 18 U.S.C. 44 and Sec. 14.81 of this subchapter: Provided, That no
exemption from any statute or regulation shall accrue to any offspring
of such birds.
(b) The provisions in 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 of this subchapter).
Sec. 22.3 Definitions.
In addition to definitions contained in part 0 of this subchapter,
and unless the context otherwise requires, in this part 22:
Area nesting population means the number of pairs of golden eagles
known to have a resting attempt during the preceding 12 months within a
10-mile radius of a golden eagle nest.
Golden eagle nest means any readily identifiable structure built,
maintained or occupied by golden eagles for propagation purposes.
Inactive nest means a golden eagle nest that is not currently used
by golden eagles as determined by the absence of any adult, egg, or
dependent young at the nest during the 10 days before the nest is taken.
Nesting attempt means any activity by golden eagles involving egg
laying and incubation as determined by the presence of an egg attended
by an adult, an adult in incubation posture, or other evidence
indicating recent use of a golden eagle nest for incubation of eggs or
rearing of young.
Person means an individual, corporation, partnership, trust,
association, or any other private entity, or any officer, employee,
agent, department, or instrumentality of any State or political
subdivision of a State.
Resource development or recovery includes, but is not limited to,
mining, timbering, extracting oil, natural gas and geothermal energy,
construction of roads, dams, reservoirs, power plants, power
transmission lines, and pipelines, as well as facilities and access
routes essential to these operations,
[[Page 445]]
and reclamation following any of these operations.
Take includes also pursue, shoot, shoot at, poison, wound, kill,
capture, trap, collect, or molest or disturb.
[39 FR 1183, Jan. 4, 1974, as amended at 48 FR 57300, Dec. 29, 1983]
Subpart B--General Requirements
Sec. 22.11 General permit requirements.
No person shall take, possess, or transport any bald eagle
(Haliaeetus leucocephalus) or any golden eagle (Aquilachrysaetos), or
the parts, nests, or eggs of such birds except as may be permitted under
the terms of a valid permit issued pursuant to the provisions of this
part and part 13 and under Sec. 21.22 (banding or marking permits), or
under a depredation order issued under subpart D of this part.
Sec. 22.12 General restrictions.
No person shall sell, purchase, barter, trade, or offer for sale,
purchase, barter, or trade, export or import, at any time or in any
manner, any bald eagle (Haliaeetusleu cocephalus), or any golden eagle
(Aquila chrysaetos), or the parts, nests, or eggs of such birds, and no
permit will be issued to authorize such acts.
Subpart C--Eagle Permits
Sec. 22.21 Permits for scientific or exhibition purposes.
The Director may, upon receipt of an application and in accordance
with the issuance criteria of this section, issue a permit authorizing
taking, possession, or transportation of bald eagles or golden eagles,
or their parts, nests, or eggs for the scientific or exhibition purposes
of public museums, public scientific societies, or public zoological
parks.
(a) Application procedure. Applications for permits to take,
possess, or transport bald or golden eagles, their parts, nests or eggs
for scientific or exhibition purposes shall be submitted to the
appropriate Special Agent in Charge (See: Sec. 13.11(b) of this
subchapter). Each such application must contain the general information
and certification required by Sec. 13.12(a) of this subchapter plus the
following information:
(1) Species of eagle and number of such birds, nests, or eggs
proposed to be taken, possessed, or transported;
(2) Specific locality in which taking is proposed, if any;
(3) Method taking proposed, if any;
(4) If not taken, the source of eagles and other circumstances
surrounding the proposed acquisition or transportation;
(5) Name and address of the public museum, public scientific
societies, or public zoological park for which they are intended;
(6) Complete explanation and justification of request, nature of
project or study, number of specimens now at institution, reason these
are inadequate, and other appropriate explanations.
(b) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, permits to take,
possess, or transport bald or golden eagles for scientific or exhibition
purposes, shall be subject to the following condition: In addition to
any reporting requirement set forth in the permit, the permittee shall
submit a report of activities conducted under the permit to the Special
Agent in Charge within 30 days after expiration of the permit.
(c) Issuance criteria. The Director shall conduct an investigation
and not issue a permit to take, possess, or transport bald or golden
eagles for scientific or exhibition purposes unless he has determined
that such taking, possession, or transportation is compatible with the
preservation of the bald or golden eagle. In making such determination,
the Director shall consider, among other criteria, the following:
(1) The direct or indirect effect which issuing such permit would be
likely to have upon the wild populations of bald and golden eagles;
(2) Whether the expertise, facilities, or other resources available
to the applicant appear adequate to successfully accomplish the
objectives stated in the application;
(3) Whether the justification of the purpose for which the permit is
being
[[Page 446]]
requested is adequate to justify the removal of the eagle from the wild
or otherwise change its status; and
(4) Whether the applicant has demonstrated that the permit is being
requested for bona fide scientific or exhibition purposes of public
museums, public scientific societies, or public zoological parks.
(d) Tenure of permits. The tenure of permits to take bald or golden
eagles for scientific or exhibition purposes shall be that shown on the
face of the permit.
Sec. 22.22 Permits for Indian religious purposes.
The Director may, upon receipt of an application and in accordance
with the issuance criteria of this section, issue a permit authorizing
the taking, possession, and transportation of bald or golden eagles, or
their parts, nests, or eggs for the religious use of Indians.
(a) Application procedure. Applications for permits to take,
possess, and transport bald or golden eagles, their parts, nests, or
eggs for the religious use of Indians shall be submitted to the
appropriate Special Agent in Charge (See: Sec. 13.11(b) of this
subchapter). Only applications from individual Indians will be accepted.
Each such application must contain the general information and
certification required by Sec. 13.12(a) of this subchapter plus the
following additional information:
(1) Species and number of eagles or feathers proposed to be taken,
or acquired by gift or inheritance.
(2) State and local area where the taking is proposed to be done, or
from whom acquired.
(3) Name of tribe with which applicant is associated.
(4) Name of tribal religious ceremony(ies) for which required.
(5) Applicant must attach a certification from the Bureau of Indian
Affairs that the applicant is an Indian.
(6) Applicant must attach a certification from a duly authorized
official of the religious group that the applicant is authorized to
participate in such ceremonies.
(b) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, permits to take,
possess, and transport bald or golden eagles, their parts, nests or
eggs, for the religious use of Indians shall be subject to the following
conditions:
(1) Bald or golden eagles or their parts possessed under permits
issued pursuant to this section are not transferable, except such birds
or their parts may be handed down from generation to generation or from
one Indian to another in accordance with tribal or religious customs;
and
(2) Permittees shall make such reports or submit inventories of
eagle feathers or parts on hand as may be requested by the Special Agent
in Charge.
(c) Issuance criteria. The Director shall conduct an investigation
and not issue a permit to take, possess, and transport bald or golden
eagles, their parts, nests or eggs, for the religious use of Indians
unless he has determined that such taking, possession, and
transportation is compatible with the preservation of the bald or golden
eagle. In making such determination, the Director shall consider, among
other criteria, the following:
(1) The direct or indirect effect which issuing such permit would be
likely to have upon the wild populations of bald or golden eagles; and
(2) Whether the applicant is an Indian who is authorized to
participate in bona fide tribal religious ceremonies.
(d) Tenure of permits. Any permit issued pursuant to this section
under which the applicant is authorized to take eagles shall be valid
during the period specified on the face thereof which shall in no case
be longer than 1 year from date of issue. Any permit issued pursuant to
this part which authorizes the permittee to transport and possess eagles
or their parts shall be valid for the life of the permittee unless
sooner revoked.
Sec. 22.23 Permits to take depredating eagles.
The Director may, upon receipt of an application and in accordance
with the issuance criteria of this section, issue a permit authorizing
the taking of depredating bald or golden eagles.
(a) Application procedure. Applications for permits to take
depredating
[[Page 447]]
bald or golden eagles shall be submitted to the appropriate Special
Agent in Charge (See: Sec. 13.11(b) of this subchapter). Each such
application must contain the general information and certification
required by Sec. 13.12(a) of this subchapter plus the following
additional information:
(1) Species and number of eagles proposed to be taken;
(2) Location and description of property where taking is proposed;
(3) Inclusive dates for which permit is requested;
(4) Method of taking proposed;
(5) Kind and number of livestock or domestic animals owned by
applicant;
(6) Kind and amount of alleged damaged; and
(7) Name, address, age, and business relationship with applicant of
any person the applicant proposes to act for him as his agent in the
taking of such eagles.
(b) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B. permits to take
depredating bald or golden eagles shall be subject to the following
conditions:
(1) Bald or golden eagles may be taken under permit by firearms,
traps, or other suitable means except by poison or from aircraft;
(2) The taking of eagles under permit may be done only by the
permittee or his agents named in the permit;
(3) Any eagle taken under authority of such permit will be promptly
turned over to a Service agent or other game law enforcement officer
designated in the permit; and
(4) In addition to any reporting requirement set forth in the
permit, the permittee shall submit a report of activities conducted
under the permit to the Special Agent in Charge within 10 days following
completion of the taking operations or the expiration of the permit
whichever occurs first.
(c) Issuance criteria. The Director shall conduct an investigation
and not issue a permit to take depredating bald or golden eagles unless
he has determined that such taking is compatible with the preservation
of the bald or golden eagle. In making such determination the Director
shall consider the following:
(1) The direct or indirect effect which issuing such permit would be
likely to have upon the wild population of bald or golden eagles;
(2) Whether there is evidence to show that bald or golden eagles
have in fact become seriously injurious to wildlife or to agriculture or
other interests in the particular locality to be covered by the permit,
and the injury complained of is substantial; and
(3) Whether the only way to abate the damage caused by the bald or
golden eagle is to take some or all of the offending birds.
(d) Tenure of permits. The tenure of any permit to take bald or
golden eagles for depredation control purposes shall be that shown on
the face thereof, and shall in no case be longer than 90 days from date
of issue.
Sec. 22.24 Permits for falconry purposes.
The Director may, upon receipt of an application and in accordance
with the issuance criteria of this section, issue a permit authorizing
the possession and transportation of golden eagles for falconry
purposes.
(a) Application procedure. Applications for permits to possess and
transport golden eagles for falconry purposes shall be submitted to the
appropriate special agent in charge (see Sec. 13.11(b) of this
subchapter). Each application must contain the general information and
certification required by Sec. 13.12(a) of this subchapter plus the
following additional information:
(1) A copy of the applicant's master (or equivalent) class permit
issued in accordance with 50 CFR 21.28.
(2) A statement of the applicant's experience in handling large
raptors, including the species, type of experience and duration of the
activity in which the experience was acquired.
(3) At least two (2) letters of reference from individuals with
recognized experience in handling and/or flying eagles. Each letter must
contain a concise history of the author's experience with eagles. Eagle
handling experience is defined as, but is not limited to, the handling
of pre-Act birds, zoological specimens, rehabilitating eagles, or
scientific studies involving eagles. Each letter must also assess the
applicant's capability to properly care
[[Page 448]]
for the fly golden eagles in falconry, and recommend the issuance or
denial of the permit.
(4) A description of the facilities in which golden eagles will be
housed.
(5) If requesting an eagle(s) from the Service, applicants must
specify the sex, age and condition of the eagle(s) they will accept.
(6) For eagles already legally possessed, a copy of the permit or
other documentation authorizing possession of said birds, and the
procedures to be used to minimize or eliminate hazards associated with
the use of imprinted birds in falconry.
(7) Name, address, age and experience in handling raptors of any
person the applicant proposes to act as an authorized agent in taking
possession of golden eagles provided by the Service.
(8) To obtain additional or replacement golden eagles, a request in
writing to the appropriate special agent in charge must be tendered,
identifying the existing permit and, for replacement eagles, the reason
for such replacement.
(b) Permit conditions. In addition to the general conditions set
forth in part 13 of this subchapter B, permits to possess and transport
golden eagles for falconry purposes are subject to the following
conditions:
(1) Golden eagles possessed for falconry purposes are considered as
raptors and must be maintained in accordance with Federal falconry
standards described in Secs. 21.28 and 21.29 of this subchapter.
(2) Only golden eagles legally obtained may be possessed and
transported for falconry purposes.
(3) Captive breeding of golden eagles possessed for falconry
purposes is prohibited.
(4) The applicant, or authorized agent, must agree to take
possession of a requested golden eagle(s) within 72 hours of
notification of availability. Expenses incurred by the applicant in
taking possession of said eagle(s) will be the applicant's
responsibility.
(5) The golden eagle(s) must be banded with a numbered eagle marker
provided by the Service.
(6) All permits issued pursuant to this section shall state on their
face that eagles possessed for falconry purposes under authority of this
permit may not be transferred or otherwise intentionally disposed of by
any means, including release to the wild, without written approval from
the appropriate regional director.
(7) All permits issued pursuant to this section shall state on their
face that the appropriate special agent in charge must be notified no
later than ten (10) days after the death of a permit holder.
(c) More restrictive State laws. Nothing in this section shall be
construed to prevent a State from making and/or enforcing more
restrictive laws and regulations as regards the use of golden eagles in
falconry.
(d) Issuance criteria. The Director shall conduct an investigation
and shall not issue a permit to possess and transport golden eagles for
falconry purposes unless he has determined: that such possession and
transportation is compatible with the preservation of golden eagles;
that the proposed possession and transportation of golden eagles for
falconry is not otherwise prohibited by laws and regulations within the
State where the activity is proposed; and that the applicant is
qualified to possess and transport golden eagles for falconry purposes.
In making the latter determination, the Director shall consider, but
shall not necessarily be limited to, the following:
(1) The applicant's cumulative falconry experience.
(2) The applicant's demonstrated ability to handle and care for
large raptors.
(3) Information contained in the applicant's letters of reference.
(e) Tenure of permits. Any permit to possess and transport golden
eagles for falconry purposes is valid for as long as the holder
maintains a valid master (or equivalent) class falconry permit or until
revoked in writing by the Service.
(f) Permission to trap golden eagles for falconry purposes.
Applicants desiring to trap golden eagles from the wild for use in
falconry must request and obtain permission from the Service prior to
exercising this privilege. The following applies to requests:
[[Page 449]]
(1) Only golden eagles from a specified depredation area may be
trapped for falconry purposes.
(2) Permission to trap golden eagles must be requested in writing
from the appropriate State Animal Damage Control (ADC) supervisor
subsequent to issuance of the permit to possess and transport golden
eagles for falconry purposes.
(3) Permission to trap will not be granted until the permittee
suitably demonstrates to the State ADC supervisor or a designated
project leader his/her qualifications and capabilities to trap golden
eagles from the wild.
(4) All such trapping must be conducted under the direct supervision
of the State ADC supervisor or designated project leader in the
specified depredation area.
(5) Any permission to trap golden eagles from the wild pursuant to
this section shall in no case extend more than 90 days from the date of
issue.
(6) Upon issuance of permission to trap in accordance with the above
conditions, the appropriate special agent in charge will be notified in
writing by the State ADC supervisor of the individual's name, address,
location of the specified depredation area and tenure of permission to
trap golden eagles.
(The information collection requirements approved by the Office of
Management and Budget under control number 1018-0022. The information is
necessary to determine potential permittee's qualifications and is
required to obtain a permit)
[49 FR 891, Jan. 6, 1984]
Sec. 22.25 Permits to take golden eagle nests.
The Director may, upon receipt of an application and in accordance
with the issuance criteria of this section, issue a permit authorizing
any person to take golden eagle nests during a resource development or
recovery operation when the nests are inactive, if the taking is
compatible with the preservation of the area nesting population of
golden eagles. The information collection requirements contained within
this section have been approved by the Office of Management and Budget
under 44 U.S.C. 3507 and assigned clearance number 1018-0022. This
information is being collected to provide information necessary to
evaluate permit applications. This information will be used to review
permit applications and make decisions, according to the criteria
established in this section for the issuance or denial of such permits.
The obligation to respond is required to obtain or retain a permit.
(a) Application procedure. Applications for permits to take golden
eagle nests must be submitted to the appropriate Special Agent in Charge
(see Sec. 13.11(b) of this chapter). Applications are only accepted from
persons engaged in a resource development or recovery operation,
including the planning and permitting stages of an operation. Each
application must contain the general information and certification
required by Sec. 13.12(a) of this chapter plus the following additional
information:
(1) A description of the resource development or recovery operation
in which the applicant is engaged;
(2) The number of golden eagle nests proposed to be taken;
(3) A description of the property on which the taking is proposed,
with reference made to its exact geographic location. An appropriately
scaled map or plat must be included which delineates the area of the
resource development or recovery operation and identifies the exact
location of each golden eagle nest proposed to be taken. The map or plat
must contain enough detail so that each golden eagle nest proposed to be
taken can be readily located by the Service.
(4) For each golden eagle nest proposed to be taken, the applicant
must calculate the area nesting population of golden eagles and identify
on an appropriately scaled map or plat the exact location of each golden
eagle nest used to calculate the area nesting population unless the
Service has sufficient data to independently calculate the area nesting
population. The map or plat must contain enough details so that each
golden eagle nest used to calculate the area nesting population can be
readily located by the Service.
(5) A description of each activity to be performed during the
resource development or recovery operation which involves the taking of
a golden eagle nest;
[[Page 450]]
(6) A statement with any supporting documents from ornithologists
experienced with golden eagles or other qualified persons who have made
on site inspections and can verify the applicant's calculation of the
area nesting population;
(7) The length of time for which the permit is requested, including
the dates on which the proposed resource development or recovery
operation is to begin and end;
(8) A statement indicating the intended disposition of each nest
proposed to be taken. Applicants should state whether they are willing
to collect any nest for scientific or educational purposes; and
(9) A statement indicating any proposed mitigation measures that are
compatible with the resource development or recovery operation to
encourage golden eagles to reoccupy the resource development or recovery
site. Mitigation measures may include reclaiming disturbed land to
enhance golden eagle nesting and foraging habitat, relocating in
suitable habitat any inactive golden eagle nest taken, or establishing
one or more nest sites. If the establishment of one or more nest sites
is proposed, a description of the materials and methods to be used and
the exact location of each artificial nest site must be included.
(b) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this chapter, permits to take golden
eagle nests are subject to the following additional conditions:
(1) Only inactive golden eagle nests may be taken.
(2) The permittee shall submit a report of activities conducted
under the permit to the Director within ten (10) days following the
permit's expiration;
(3) The permittee shall notify the Director in writing at least 10
days but not more than 30 days before any golden eagle nest is taken;
(4) The permittee shall comply with any mitigation measures
determined by the Director to be feasible and compatible with the
resource development or recovery operation; and
(5) Any permit issued before the commencement of a resource
development or recovery operation is invalid if the activity which
required a permit is not performed.
(c) Issuance criteria. The Director shall conduct an investigation
and not issue a permit to take any golden eagle nest unless such taking
is compatible with the preservation of the area nesting population of
golden eagles. In making such determination, the Director shall consider
the following:
(1) Whether the applicant can reasonably conduct the resource
development or recovery operation in a manner that avoids taking any
golden eagle nest;
(2) The total number of golden eagle nests proposed to be taken;
(3) The size of the area nesting population of golden eagles;
(4) Whether suitable golden eagle nesting and foraging habitat
unaffected by the resource development or recovery operation is
available to the area nesting population of golden eagles to accommodate
any golden eagles displaced by the resource development or recovery
operation;
(5) Whether feasible mitigation measures compatible with the
resource development or recovery operation are available to encourage
golden eagles to reoccupy the resource development or recovery site.
Mitigation measures may include reclaiming disturbed land to enhance
golden eagle nesting and foraging habitat, relocating in suitable
habitat any golden eagle nest taken, or establishing one or more nest
sites; and
(6) Whether the area nesting population is widely dispersed or
locally concentrated.
(d) Tenure of permits. The tenure of any permit to take golden eagle
nests is 2 years from the date of issuance, unless a shorter period of
time is prescribed on the face of the permit. Permits may be renewed in
accordance with part 13 of this chapter.
[48 FR 57300, Dec. 29, 1983]
Subpart D--Depredation Control Orders on Golden Eagles
Sec. 22.31 Golden eagle depredations control order on request of
Governor of a State.
(a) Whenever the Governor of any State requests permission to take
golden eagles to seasonally protect domesticated flocks and herds in
such State,
[[Page 451]]
the Director shall make an investigation and if he determines that such
taking is necessary to and will seasonally protect domesticated flocks
and herds in such States he shall authorize such taking in whatever part
or parts of the State and for such periods as he determines necessary to
protect such interests.
(b) Requests from the Governor of a State to take golden eagles to
seasonally protect domesticated flocks and herds must be submitted in
writing to the Director listing the periods of time during which the
taking of such birds is recommended, and including a map of the State
indicating the boundaries of the proposed area of taking. Such requests
should include a statement of the facts and the source of such facts
that in the Governor's opinion justifies the request. After a decision
by the Director, the Governor will be advised in writing concerning the
request and a notice will be published in the Federal Register.
Sec. 22.32 Conditions and limitations on taking under depredation
control order.
(a) Whenever the taking of golden eagles without a permit is
authorized for the seasonal protection of livestock, such birds may be
taken by firearms, traps, or other suitable means except by poison or
from aircraft.
(b) Any person exercising any of the privileges granted by this
subpart D must permit all reasonable times, including during actual
operations, any Service agent, 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 such operations.
(c) The authority to take golden eagles under a depredations control
order issued pursuant to this subpart D only authorizes the taking of
golden eagles when necessary to seasonally protect domesticated flocks
and herds, and all such birds taken must be reported and turned over to
a local Bureau Agent.
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