[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: 50CFR21]
[Page 423-443]
TITLE 50--WILDLIFE AND FISHERIES
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR
PART 21--MIGRATORY BIRD PERMITS
Subpart A--Introduction
Sec. 21.1 Purpose of regulations. 21.2 Scope of regulations. 21.3 Definitions. 21.4 Information collection requirements.
Subpart B--General Requirements and Exceptions
21.11 General permit requirements.
21.12 General exceptions to permit requirements.
21.13 Permit exceptions for captive-reared mallard ducks.
21.14 Permit exceptions for captive-reared migratory waterfowl other
than mallard ducks.
Subpart C--Specific Permit Provisions
21.21 Import and export permits. 21.22 Banding or marking permits. 21.23 Scientific collecting permits. 21.24 Taxidermist permits. 21.25 Waterfowl sale and disposal permits. 21.26 [Reserved] 21.27 Special purpose permits. 21.28 Falconry permits. 21.29 Federal falconry standards. 21.30 Raptor propagation permits.
Subpart D--Control of Depredating Birds
21.41 Depredation permits.
21.42 Authority to issue depredating orders to permit the killing of
migratory game birds.
21.43 Depredation order for blackbirds, cowbirds, grackles, crows and
magpies.
21.44 Depredation order for designated species of depredating birds in
California.
21.45 Depredation order for depredating purple gallinules in Louisiana.
21.46 Depredation order for depredating scrub jays and Steller's jays
in Washington and Oregon.
Authority: Pub. L. 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)).
Source: 39 FR 1178, Jan. 4, 1974, unless otherwise noted.
Subpart A--Introduction
Sec. 21.1 Purpose of regulations.
The regulations contained in this part supplement the general permit regulations of part 13 of this subchapter with respect to permits for the taking, possession, transporation, sale, purchase, barter, importation, exportation, and banding or marking of migratory birds. This part also provides certain exceptions to permit requirements for public, scientific, or educational institutions, and establishes depredation orders which provide limited exceptions to the Migratory Bird Treaty Act (16 U.S.C. 703-712).
[54 FR 38150, Sept. 14, 1989]
Sec. 21.2 Scope of regulations.
(a) Migratory birds, their parts, nests, or eggs, lawfully acquired
prior to the effective date of Federal protection under the Migratory
Bird Treaty Act (16 U.S.C. 703-712) may be possessed or transported
without a permit, but may not be imported, exported, purchased, sold,
bartered, or offered for purchase, sale or barter, and all shipments of
such birds must be marked as provided by part 14 of this subchapter:
Provide, no exemption from any statute or regulation shall accrue to any
offspring of such migratory birds.
(b) This part 21, except for Sec. 21.22 (banding or marking
permits), does not apply to the bald eagle (Haliaeetus leucocephalus) or
the golden eagle (Aquila chrysaetos) for which regulations are provided
in part 22 of this subchapter.
(c) The provisions of 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).
[39 FR 1178, Jan. 4, 1974, as amended at 46 FR 42680, Aug. 24, 1981]
[[Page 424]]
Sec. 21.3 Definitions.
In addition to definitions contained in part 10 of this chapter, and
unless the context requires otherwise, as used in this part:
Bred in captivity or captive-bred refers to raptors, including eggs,
hatched in captivity from parents that mated or otherwise transferred
gametes in captivity.
Captivity means that a live raptor is held in a controlled
environment that is intensively manipulated by man for the purpose of
producing raptors of selected species, and that has boundaries designed
to prevent raptors, eggs or gametes of the selected species from
entering or leaving the controlled environment. General characteristics
of captivity may include, but are not limited to, artificial housing,
waste removal, health care, protection from predators, and artificially
supplied food.
Falconry means the sport of taking quarry by means of a trained
raptor.
Raptor means a live migratory bird of the Order Falconiformes or the
Order Strigiformes, other than a bald eagle (Haliaeetus leucocephalus)
or a golden eagle (Aquila chrysaetos).
[48 FR 31607, July 8, 1983]
Sec. 21.4 Information collection requirements.
(a) The information collection requirements contained within this
part 21 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 criteria established in
the Migratory Bird Treaty Act, 16 U.S.C. 703-712 and the regulations
promulgated thereunder on the issuance, suspension, revocation, or
denial of permits. The obligation to respond is required in order to
obtain or retain a permit.
(b) The public reporting burden for these reporting requirements is
estimated to vary from 15 minutes to 4 hours per response, with an
average of 0.803 hours per response, including time for reviewing
instructions, gathering and maintaining data, and completing and
reviewing the forms. Comments regarding the burden estimate or any other
aspect of these reporting requirements should be directed to the Service
Information Collection Clearance Officer, MS-224 ARLSQ, Fish and
Wildlife Service, Washington, DC 20240, or the Office of Management and
Budget, Paperwork Reduction Project (1018-0022), Washington, DC 20503.
[54 FR 38151, Sept. 14, 1989]
Subpart B--General Requirements and Exceptions
Sec. 21.11 General permit requirements.
No person shall take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase or barter, any migratory bird, or the parts, nests, or eggs of such bird except as may be permitted under the terms of a valid permit issued pursuant to the provisions of this part and part 13, or as permitted by regulations in this part or part 20 (the hunting regulations).
[54 FR 38151, Sept. 14, 1989]
Sec. 21.12 General exceptions to permit requirements.
The following exceptions to the permit requirement are allowed.
(a) Employees of the Department of the Interior authorized to
enforce the provisions of the Migratory Bird Treaty Act of July 3, 1918,
as amended (40 Stat. 755; 16 U.S.C. 703-711), may, without a permit,
take or otherwise acquire, hold in custody, transport, and dispose of
migratory birds or their parts, nests, or eggs as necessary in
performing their official duties.
(b) State game departments, municipal game farms or parks, and
public museums, public zoological parks, accredited institutional
members of the American Association of Zoological Parks and Aquariums
(AAZPA) and public scientific or educational institutions may acquire by
gift or purchase, possess, transport, and by gift or sale dispose of
lawfully acquired migratory birds or their progeny, parts, nests, or
eggs without a permit: Provided, That such birds may be acquired only
from
[[Page 425]]
persons authorized by this paragraph or by a permit issued pursuant to this part to possess and dispose of such birds, or from Federal or State game authorities by the gift of seized, condemned, or sick or injured birds. Any such birds, acquired without a permit, and any progeny therefrom may be disposed of only to persons authorized by this paragraph to acquire such birds without a permit. Any person exercising a privilege granted by this paragraph must keep accurate records of such operations showing the species and number of birds acquired, possessed, and disposed of; the names and addresses of the persons from whom such birds were acquired or to whom such birds were donated or sold; and the dates of such transactions. Records shall be maintained or reproducible in English on a calendar year basis and shall be retained for a period of five (5) years following the end of the calendar year covered by the records.
[39 FR 1178, Jan. 4, 1974, as amended at 50 FR 8638, Mar. 4, 1985; 54 FR 38151, Sept. 14, 1989]
Sec. 21.13 Permit exceptions for captive-reared mallard ducks.
Captive-reared and properly marked mallard ducks, alive or dead, or
their eggs may be acquired, possessed, sold, traded, donated,
transported, and disposed of by any person without a permit, subject to
the following conditions, restrictions, and requirements:
(a) Nothing in this section shall be construed to permit the taking
of live mallard ducks or their eggs from the wild.
(b) All mallard ducks possessed in captivity, without a permit,
shall have been physically marked by at least one of the following
methods prior to 6 weeks of age and all such ducks hatched, reared, and
retained in captivity thereafter shall be so marked prior to reaching 6
weeks of age.
(1) Removal of the hind toe from the right foot.
(2) Pinioning of a wing: Provided, That this method shall be the
removal of the metacarpal bones of one wing or a portion of the
metacarpal bones which renders the bird permanently incapable of flight.
(3) Banding of one metatarsus with a seamless metal band.
(4) Tattooing of a readily discernible number or letter or
combination thereof on the web of one foot.
(c) When so marked, such live birds may be disposed of to, or
acquired from, any person and possessed and transferred in any number at
any time or place: Provided, That all such birds shall be physically
marked prior to sale or disposal regardless of whether or not they have
attained 6 weeks of age.
(d) When so marked, such live birds may be killed, in any number, at
any time or place, by any means except shooting. Such birds may be
killed by shooting only in accordance with all applicable hunting
regulations governing the taking of mallard ducks from the wild:
Provided, That such birds may be killed by shooting, in any number, at
any time, within the confines of any premises operated as a shooting
preserve under State license, permit, or authorization; or they may be
shot, in any number, at any time or place, by any person for bona fide
dog training or field trial purposes: Provided further, That the
provisions:
(1) The hunting regulations (part 20 of this subchapter), with the
exception of Sec. 20.108 (Nontoxic shot zones), and
(2) The Migratory Bird Hunting Stamp Act (duck stamp requirement)
shall not apply to shooting preserve operations as provided for in this
paragraph, or to bona fide dog training or field trial operations.
(e) At all times during possession, transportation, and storage
until the raw carcasses of such birds are finally processed immediately
prior to cooking, smoking, or canning, the marked foot or wing must
remain attached to each carcass: Provided, That persons, who operate
game farms or shooting preserves under a State license, permit, or
authorization for such activities, may remove the marked foot or wing
when either the number of his State license, permit, or authorization
has first been legibly stamped in ink on the back of each carcass and on
the container in which each carcass is maintained, or each carcass is
identified by a State band on leg or wing pursuant to requirements of
his State license, permit, or authorization. When properly
[[Page 426]]
marked, such carcasses may be disposed of to, or acquired from, any person and possessed and transported in any number at any time or place.
[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981; 54 FR 36798, Sept. 5, 1989]
Sec. 21.14 Permit exceptions for captive-reared migratory waterfowl
other than mallard ducks.
Any person may, without a permit, lawfully acquire captive-reared
and properly marked migratory waterfowl of all species other than
mallard ducks, alive or dead, or their eggs, and possess and transport
such birds or eggs and any progeny or eggs therefrom solely for his own
use subject to the following conditions and restrictions:
(a) Such birds, alive or dead, or their eggs may be lawfully
acquired only from holders of valid waterfowl sale and disposal permits,
unless lawfully acquired outside of the United States, except that
properly marked carcasses of such birds may also be lawfully acquired as
provided under paragraph (c) of this section.
(b) All progeny of such birds or eggs hatched, reared, and retained
in captivity must be physically marked as defined in Sec. 21.13(b).
(c) No such birds or eggs or any progeny or eggs thereof may be
disposed of by any means, alive or dead, to any other person unless a
waterfowl sale and disposal permit has first been secured authorizing
such disposal: Provided, That bona fide clubs, hotels, restaurants,
boarding houses, and dealers in meat and game may serve or sell to their
customers the carcass of any such birds which they have acquired from
the holder of a valid waterfowl sale and disposal permit.
(d) Lawfully possessed and properly marked birds may be killed, in
any number, at any time or place, by any means except shooting. Such
birds may be killed by shooting only in accordance with all applicable
hunting regulations governing the taking of like species from the wild.
(See part 20 of this subchapter.)
(e) At all times during possession, transportation, and storage
until the raw carcasses of such birds are finally processed immediately
prior to cooking, smoking, or canning, the marked foot or wing must
remain attached to each carcass, unless such carcasses were marked as
provided in Sec. 21.25(c)(4) and the foot or wing removed prior to
acquisition.
(f) When any such birds, alive or dead, or their eggs are acquired
from a waterfowl sale and disposal permittee, the permittee shall
furnish a copy of Form 3-186, Notice of Waterfowl Sale or Transfer,
indicating all information required by the form and the method or
methods by which individual birds are marked as required by
Sec. 21.25(c)(2). The buyer shall retain the Form 3-186 on file for the
duration of his possession of such birds or eggs or progeny or eggs
thereof.
[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981]
Subpart C--Specific Permit Provisions
Sec. 21.21 Import and export permits.
(a) Permit requirement. (1) Except for migratory game birds imported
in accordance with the provisions of subpart G of part 20 of this
subchapter B, an import permit is required before any migratory birds,
their parts, nests, or eggs may be imported.
(2) An export permit is required before any migratory birds, their
parts, nests, or eggs may be exported: Provided, that captive-reared
migratory game birds that are marked in compliance with the provisions
of Sec. 21.13(b) may be exported to Canada or Mexico without a permit.
Provided further, that raptors lawfully possessed under a falconry
permit issued pursuant to Sec. 21.28 of this part may be exported to or
imported from Canada or Mexico without a permit for the purposes of
attending bona fide falconry meets, as long as the person importing or
exporting the birds returns the same bird(s) to the country of export
following any such meet. Nothing in this paragraph, however, exempts any
person from the permit requirements of parts 17, 22, and 23 of this
subchapter.
(b) Application procedures. Applications for permits to import or
export migratory birds shall be submitted to the appropriate issuing
office (see
[[Page 427]]
Sec. Sec. 10.22 and 13.11(b) of this subchapter). Each such application
must contain the general information and certification required by
Sec. 13.12(a)(5) of this subchapter plus the following additional
information:
(1) Whether importation or exportation is requested;
(2) The species and numbers of migratory birds or their parts,
nests, or eggs to be imported or exported;
(3) The name and address of the person from whom such birds are
being imported or to whom they are being exported;
(4) The purpose of the importation or exportation;
(5) The estimated date of arrival or departure of the shipment(s),
and the port of entry or exit through which the shipment will be
imported or exported; and
(6) Federal and State permit numbers and type of permits authorizing
possession, acquisition, or disposition of such birds, their parts,
nests, or eggs where such a permit is required.
(c) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, import and export
permits shall be subject to any requirements set forth in the permit.
(d) Term of permit. An import or export permit issued or renewed
under this part expires on the date designated on the face of the permit
unless amended or revoked, but the term of the permit shall not exceed
three (3) years from the date of issuance or renewal.
[54 FR 38151, Sept. 14, 1989]
Sec. 21.22 Banding or marking permits.
(a) Permit requirement. A banding or marking permit is required
before any person may capture migratory birds for banding or marking
purposes or use official bands issued by the Service for banding or
marking any migratory bird.
(b) Application procedures. Applications for banding or marking
permits shall be submitted by letter of application addressed to the
Bird Banding Laboratory, Office of Migratory Bird Management, U.S. Fish
and Wildlife Service, Laurel, Maryland 20708. Each such application
shall contain the general information and certification set forth by
Sec. 13.12(a) of this subchapter plus the following additional
information:
(1) Species and numbers proposed to be banded or marked;
(2) Purpose of banding or marking;
(3) State or States in which authorization is requested; and
(4) Name and address of the public, scientific, or educational
institution to which any specimens will be donated that are salvaged
pursuant to paragraphs (c) (3) and (4) of this section.
(c) Additional permit conditions. Inaddition to the general
conditions set forth in part 13 of this subchapter B, banding or marking
permits shall be subject to the following conditions:
(1) The banding of migratory birds shall only be by official
numbered leg bands issued by the Service. The use of any other band,
clip, dye, or other method of marking is prohibited unless specifically
authorized in the permit.
(2) All traps or nets used to capture migratory birds for banding or
marking purposes shall have attached thereto a tag or label clearly
showing the name and address of the permittee and his permit number, or
the area in which such traps or nets are located must be posted with
notice of banding operations posters (Form 3-1155, available upon
request from the Bird Banding Laboratory, Office of Migratory Bird
Management, U.S. Fish and Wildlife Service, Laurel, Md. 20708) which
shall bear the name and address of the permittee and the number of his
permit.
(3) The holder of a banding or marking permit may salvage, for the
purpose of donating to a public scientific or educational institution,
birds killed or found dead as a result of the permittee's normal banding
operations, and casualties from other causes. All dead birds salvaged
under authority of a migratory bird banding or marking permit must be
donated and transferred to a public scientific or educational
institution at least every 6 months or within 60 days of the time such
permit expires or is revoked, unless the permittee has been issued a
special permit authorizing possession for a longer period of time.
[[Page 428]]
(4) Permittees must keep accurate records of their operations and
file reports as set forth in the North American Bird Banding Manual, or
supplements thereto, in accordance with instructions contained therein.
(d) Term of permit. A banding or marking permit issued or renewed
under this part expires on the date designated on the face of the permit
unless amended or revoked, but the term of the permit shall not exceed
three (3) years from the date of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989]
Sec. 21.23 Scientific collecting permits.
(a) Permit requirement. A scientific collecting permit is required
before any person may take, transport, or possess migratory birds, their
parts, nests, or eggs for scientific research or educational purposes.
(b) Application procedures. Applications for scientific collecting
permits shall be submitted to the appropriate issuing officer (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 numbers of migratory birds or their parts, nests, or
eggs to be taken or acquired when it is possible to determine same in
advance;
(2) Location or locations where such scientific collecting is
proposed;
(3) Statement of the purpose and justification for granting such a
permit, including an outline of any research project involved;
(4) Name and address of the public, scientific, or educational
institution to which all specimens ultimately will be donated; and
(5) If a State permit is required by State law, a statement as to
whether or not the applicant possesses such State permit, giving its
number and expiration date.
(c) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, scientific
collecting permits shall be subject to the following conditions:
(1) All specimens taken and possessed under authority of a
scientific collecting permit must be donated and transferred to the
public scientific, or educational institution designated in the permit
application within 60 days following the date such permit expires or is
revoked, unless the permittee has been issued a special purpose permit
(See Sec. 21.27) authorizing possession for a longer period of time.
(2) Unless otherwise provided on the permit, all migratory game
birds taken pursuant to a scientific collecting permit during the open
hunting season for such birds must be in conformance with part 20 of
this subchapter;
(3) Unless specifically stated on the permit, a scientific
collecting permit does not authorize the taking of live migratory birds
from the wild.
(4) In addition to any reporting requirement set forth in the
permit, a report of the scientific collecting activities conducted under
authority of such permit shall be submitted to the issuing officer on or
before January 10 of each calendar year following the year of issue
unless a different date is stated in the permit.
(d) Term of permit. A scientific collecting permit issued or renewed
under this part expires on the date designated on the face of the permit
unless amended or revoked, but the term of the permit shall not exceed
three (3) years from the date of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989]
Sec. 21.24 Taxidermist permits.
(a) Permit requirement. A taxidermist permit is required before any
person may perform taxidermy services on migratory birds or their parts,
nests, or eggs for any person other than himself.
(b) Application procedures. Application for taxidermist permits
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 set forth by Sec. 13.12(a) of
this subchapter plus the following additional information:
(1) The address of premises where taxidermist services will be
provided;
(2) A statement of the applicant's qualifications and experience as
a taxidermist; and
[[Page 429]]
(3) If a State permit is required by State law, a statement as to
whether or not the applicant possesses such State permit, giving its
number and expiration date.
(c) Permit authorizations. A permit authorizes a taxidermist to:
(1) Receive, transport, hold in custody or possession, mount or
otherwise prepare, migratory birds, and their parts, nests, or eggs, and
return them to another.
(2) Sell properly marked, captive reared migratory waterfowl which
he has lawfully acquired and mounted. Such mounted birds may be placed
on consignment for sale and may be possessed by such consignee for the
purpose of sale.
(d) Additional permit conditions. Inaddition to the general
conditions set forth in part 13 of this subchapter B, taxidermist
permits shall be subject to the following conditions:
(1) Permittees must keep accurate records of operations, on a
calendar year basis, showing the names and addresses of persons from and
to whom migratory birds or their parts, nests, or eggs were received or
delivered, the number and species of such, and the dates of receipt and
delivery. In addition to the other records required by this paragraph,
the permittee must maintain in his files, the original of the completed
Form 3-186, Notice of Waterfowl Sale or Transfer, confirming his
acquisition of captive reared, properly marked migratory waterfowl from
the holder of a current waterfowl sale and disposal permit.
(2) Notwithstanding the provisions of paragraph (c) of this section,
the receipt, possession, and storage by a taxidermist of any migratory
game birds taken by another by hunting is not authorized unless they are
tagged as required by Sec. 20.36 of this subchapter. The required tags
may be removed during the taxidermy operations but must be retained by
the taxidermist with the other records required to be kept and must be
reattached to the mounted specimen after mounting. The tag must then
remain attached until the mounted specimen is delivered to the owner.
(e) Term of permit. A taxidermist permit issued or renewed under
this part expires on the date designated on the face of the permit
unless amended or revoked, but the term of the permit shall not exceed
three (3) years from the date of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989]
Sec. 21.25 Waterfowl sale and disposal permits.
(a) Permit requirement. A waterfowl sale and disposal permit is
required before any person may lawfully sell, trade, donate, or
otherwise dispose of, to another person, any species of captive-reared
and properly marked migratory waterfowl or their eggs, except that such
a permit is not required for such sales or disposals of captive-reared
and properly marked mallard ducks or their eggs.
(b) Application procedures. Applications for waterfowl sale and
disposal permits 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 in
Sec. 13.12(a) of this subchapter, plus the following additional
information:
(1) A description of the area where waterfowl are to be kept;
(2) Species and numbers of waterfowl now in possession and a
statement showing from whom these were obtained;
(3) A statement indicating the method by which individual birds are
marked as required by the provisions of this part 21; and
(4) If a State permit is required by State law, a statement as to
whether or not the applicant possesses such State permit, giving its
number and expiration date.
(c) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, waterfowl sale and
disposal permits shall be subject to the following conditions:
(1) Permittees may not take migratory waterfowl or their eggs from
the wild, and may not acquire such birds or their eggs from any person
not authorized by a valid permit issued pursuant to this part to dispose
of such birds or their eggs.
(2) All live migratory waterfowl possessed in captivity under
authority of a
[[Page 430]]
valid waterfowl sale and disposal permit shall have been, prior to 6
weeks of age, physically marked as defined in Sec. 21.13(b). All
offspring of such birds hatched, reared, and retained in captivity shall
be so marked prior to attaining 6 weeks of age. The preceding does not
apply to captive adult geese, swans, and brant which were marked
previous to March 1, 1967, by a ``V'' notch in the web of one foot, nor
to such birds held in captivity at public zoological parks, and public
scientific or educational institutions.
(3) Such properly marked birds may be killed, in any number, at any
time or place, by any means except shooting. Such birds may be killed by
shooting only in accordance with all the applicable hunting regulations
governing the taking of like species from the wild.
(4) At all times during possession, transportation, and storage
until the raw carcasses of such birds are finally processed immediately
prior to cooking, smoking, or canning, the marked foot or wing must
remain attached to each carcass: Provided, That permittees who are also
authorized to sell game under a State license, permit or authorization
may remove the marked foot or wing from the raw carcasses if the number
of his State license, permit, or authorization has first been legibly
stamped in ink on the back of each carcass and on the wrapping or
container in which each carcass is maintained, or each carcass is
identified by a State band on leg or wing pursuant to requirements of
his State license, permit, or authorization.
(5) Such properly marked birds, alive or dead, or their eggs may be
disposed of in any number, at any time or place, to any person:
Provided, That all such birds shall be physically marked prior to sale
or disposal regardless of whether or not they have attained 6 weeks of
age: And provided further, That on each date that any such birds or
their eggs, are transferred to another person, the permittee must
complete a Form 3-186, Notice of Waterfowl Sale or Transfer, indicating
all information required by the form and the method or methods by which
individual birds are marked as required by Sec. 21.25(c)(2). (Service
will provide supplies of form.) The permittee will furnish the original
of completed Form 3-186 to the person acquiring the birds or eggs;
retain one copy in his files as a record of his operations: attach one
copy to the shipping container for the birds or eggs, or include the
copy in shipping documents which accompany the shipment; and, on or
before the last day of each month, mail two copies of each form
completed during that month to the office of the Fish and Wildlife
Service which issued his permit.
(6) Permittees shall submit an annual report within 10 days
following the 31st day of December of each calendar year to the office
of the Fish and Wildlife Service which issued the permit. The
information provided shall give the total number of waterfowl by species
in possession on that date and the method or methods by which individual
birds are marked as required by the provisions of this part 21.
(d) Term of permit. A waterfowl sale and disposal permit issued or
renewed under this part expires on the date designated on the face of
the permit unless amended or revoked, but the term of the permit shall
not exceed three (3) years from the date of issuance or renewal.
[40 FR 28460, July 7, 1975, as amended at 54 FR 38151, Sept. 14, 1989] Sec. 21.26 [Reserved]
Sec. 21.27 Special purpose permits.
Permits may be issued for special purpose activities related to migratory birds, their parts, nests, or eggs, which are otherwise outside the scope of the standard form permits of this part. A special purpose permit for migratory bird related activities not otherwise provided for in this part may be issued to an applicant who submits a written application containing the general information and certification required by part 13 and makes a sufficient showing of benefit to the migratory bird resource, important research reasons, reasons of human concern for individual birds, or other compelling justification.
[[Page 431]]
(a) Permit requirement. A special purpose permit is required before
any person may lawfully take, salvage, otherwise acquire, transport, or
possess migratory birds, their parts, nests, or eggs for any purpose not
covered by the standard form permits of this part. In addition, a
special purpose permit is required before any person may sell, purchase,
or barter captive-bred, migratory game birds, other than waterfowl, that
are marked in compliance with Sec. 21.13(b) of this part.
(b) Application procedures. Applications for special purpose permits
shall be submitted to the appropriate issuing officer (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) A detailed statement describing the project or activity which
requires issuance of a permit, purpose of such project or activity, and
a delineation of the area in which it will be conducted. (Copies of
supporting documents, research proposals, and any necessary State
permits should accompany the application);
(2) Numbers and species of migratory birds involved where same can
reasonably be determined in advance; and
(3) Statement of disposition which will be made of migratory birds
involved in the permit activity.
(c) Additional permit conditions. Inaddition to the general
conditions set forth in part 13 of this subchapter B, special purpose
permits shall be subject to the following conditions:
(1) Permittees shall maintain adequate records describing the
conduct of the permitted activity, the numbers and species of migratory
birds acquired and disposed of under the permit, and inventorying and
identifying all migratory birds held on December 31 of each calendar
year. Records shall be maintained at the address listed on the permit;
shall be in, or reproducible in English; and shall be available for
inspection by Service personnel during regular business hours. A
permittee may be required by the conditions of the permit to file with
the issuing office an annual report of operation. Annual reports, if
required, shall be filed no later than January 31 of the calendar year
followng the year for which the report is required. Reports, if
required, shall describe permitted activities, numbers and species of
migratory birds acquired and disposed of, and shall inventory and
describe all migratory birds possessed under the special purpose permit
on December 31 of the reporting year.
(2) Permittees shall make such other reports as may be requested by
the issuing officer.
(3) All live, captive-bred, migratory game birds possessed under
authority of a valid special purpose permit shall be physically marked
as defined in Sec. 21.13(b) of this part.
(4) No captive-bred migratory game bird may be sold or bartered
unless marked in accordance with Sec. 21.13(b) of this part.
(5) No permittee may take, purchase, receive or otherwise acquire,
sell, barter, transfer, or otherwise dispose of any captive-bred
migratory game bird unless such permittee submits a Service form 3-186A
(Migratory Bird Acquisition/Disposition Report), completed in accordance
with the instructions on the form, to the issuing office within five (5)
days of such transaction.
(6) No permittee, who is authorized to sell or barter migratory game
birds pursuant to a permit issued under this section, may sell or barter
such birds to any person unless that person is authorized to purchase
and possess such migratory game birds under a permit issued pursuant to
this part and part 13, or as permitted by regulations in this part.
(d) Term of permit. A special purpose permit issued or renewed under
this part expires on the date designated on the face of the permit
unless amended or revoked, but the term of the permit shall not exceed
three (3) years from the date of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38152, Sept. 14, 1989]
Sec. 21.28 Falconry permits.
(a) Permit requirements. A falconry permit is required before any
person may take, possess, transport, sell, purchase, barter, offer to
sell, purchase, or barter raptors for falconry purposes.
(b) Application procedures. (1) An applicant who wishes to practice
falconry
[[Page 432]]
in a State listed in Sec. 21.29(k) of this part and which has been
designated as a participant in a cooperative Federal/State permit
application program may submit an application for a falconry permit to
the appropriate agency of that State. Each such application must
incorporate a completed official form approved by the Service and must
include in addition to the general information required by part 13 of
this subchapter all of the following:
(i) The number of raptors the applicant possesses at the time the
application is submitted, including the species, age (if known), sex (if
known), date of acquisition, and source of each;
(ii) A check or money order made payable to ``U.S. Fish and Wildlife
Service'' in the amount of the application fee listed in Sec. 13.11(d)
of this subchapter.
(iii) An original, signed certification concerning the validity of
the information provided in the application in the form set forth in
Sec. 13.12(a)(5).
(iv) Any additional information requested by the State to which the
application is submitted.
(2) Upon receipt of a joint application by a State listed in
Sec. 21.29(k) as a participant in a cooperative Federal/State permit
application program, the State will process the application for a State
falconry permit in accordance with its own procedures. A copy of the
application, the check or money order for Federal permit fees, and the
original, signed certification required by paragraph (b)(1)(iii) of this
section will be forwarded to the issuing office of the Service
designated by Sec. 13.11(b) of this subchapter. If the State decides to
issue a falconry permit based upon the application, a copy of the permit
will also be forwarded to the appropriate issuing office of the Service.
(3) An applicant who wishes to practice falconry in a State listed
in Sec. 21.29(k) of this subchapter, but which does not participate in a
cooperative Federal/State permit application program must submit a
written application for a falconry permit to the issuing office
designated by 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 a copy of a valid State falconry
permit issued to the applicant by a State listed in Sec. 21.19(k) of
this subchapter.
(c) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (b) of this section that meets all
requirements of this part, the Director will issue a permit. In addition
to meeting the general criteria in Sec. 13.21(b), the applicant must
have a valid State falconry permit issued by a State listed in
Sec. 21.29(k) of this subchapter.
(d) Permit conditions. In addition to the general conditions set
forth in part 13 of this subchapter, every permit issued under this
section shall be subject to the following special conditions:
(1) A permittee may not take, transport, or possess a golden eagle
(Aquila chrysaetos) unless authorized in writing under Sec. 22.24 of
this subchapter.
(2) A permit issued under this section is not valid unless the
permittee has a valid State falconry permit issued by a State listed in
Sec. 21.29(k) of this subchapter.
(3) A permittee may not take, possess, transport, sell, purchase,
barter, or transfer any raptor for falconry purposes except under
authority of a Federal falconry permit issued under this section and in
compliance with the Federal falconry standards set forth in Sec. 21.29
of this subchapter.
(4) No permittee may take, purchase, receive, or otherwise acquire,
sell, barter, transfer, or otherwise dispose of any raptor unless such
permittee submits a form 3-186A (Migratory Bird Acquisition/Disposition
Report), completed in accordance with the instructions on the form, to
the issuing office within five (5) calendar days of any such
transaction.
(5) No raptor may be possessed under authority of a falconry permit
unless the permittee has a properly completed form 3-186A (Migratory
Bird Acquisition/Disposition Report) for each bird possessed, except as
provided in paragraph (d)(4) of this section.
(6) A raptor possessed under authority of a falconry permit may be
temporarily held by a person other than the permittee for maintenance
and care for a period not to exceed thirty (30) days. The raptor must be
accompanied at all times by a properly completed form 3-
[[Page 433]]
186A (Migratory Bird Acquisition/Disposition Report) designating the
person caring for the raptor as the possessor of record and by a signed,
dated statement from the permittee authorizing the temporary possession.
(7) A permittee may not take, possess, or transport any peregrine
falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk
(Parabuteo unicinctus) unless such bird is banded either by a seamless
numbered band provided by the Service or by a permanent, non-reusable
band provided by the Service.
(i) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco
rusticolus), or Harris hawk (Parabuteo unicinctus) taken from the wild
must be reported to the issuing office within five (5) days of taking
and must be banded with a permanent, non-reusable band provided by the
Service. No raptor removed from the wild may be banded with a seamless
numbered band.
(ii) The loss or removal of any band must be reported to the issuing
office within five (5) working days of the loss. The lost band must be
replaced by a permanent, non-reusable band supplied by the Service. A
form 3-186A (Migratory Bird Acquisition/Disposition Report) must be
filed in accordance with paragraph (d)(4) of this section reporting the
loss of the band and rebanding.
(8) A permittee may not sell, purchase, barter, or offer to sell,
purchase or barter any raptor unless the raptor is marked on the
metatarsus by a seamless, numbered band supplied by the Service.
(9) A permittee may not propagate raptors without prior acquisition
of a valid raptor propagation permit issued under section 21.30 of this
subchapter.
(e) Term of permit. A falconry permit issued or renewed under this
part expires on the date designated on the face of the permit unless
amended or revoked, but the term of the permit shall not exceed three
(3) years from the date of issuance or renewal.
[54 FR 38152, Sept. 14, 1989]
Sec. 21.29 Federal falconry standards.
(a) General. No person may take, possess, transport, sell, purchase,
barter, or offer to sell, purchase, or barter any raptor for falconry
purposes in any State which does not allow the practice of falconry or
in any State which has not certified to the Director that its laws or
regulations governing the practice of falconry meet or exceed the
Federal falconry standards set forth in this section: Except, a Federal
falconry permittee may possess and transport for falconry purposes
otherwise lawfully possessed raptors through States which do not allow
the practice of falconry or meet Federal falconry standards so long as
the raptors remain in transit in interstate commerce. The States that
have submitted certification to the Director are listed in paragraph (k)
of this section.
(b) More restrictive State laws. Nothing in this section shall be
construed to prevent a State from making and enforcing laws or
regulations not inconsistent with the standards contained in any
convention between the United States and any foreign country for the
protection of raptors or with the Migratory Bird Treaty Act, and which
shall give further protection to raptors.
(c) Certification of compliance. Any State that wishes to allow the
practice of falconry must certify to the Director that its laws or
regulations governing the practice of falconry meet or exceed the
Federal standards established by this section, Provided That any State
that previously submitted its laws or regulations for review by the
Director and was listed in paragraph (k) of this section prior to
September 14, 1989, shall be deemed to have met this requirement. When a
State certifies to the Director that its laws or regulations meet or
exceed these Federal standards, a notice will be published in the
Federal Register and the State will be listed in paragraph (k) of this
section.
(d) Permit. State laws or regulations shall provide that a valid
State falconry permit from either that State or another State meeting
Federal falconry standards and listed in paragraph (k) of this section
is required before any person may take, possess, or transport a raptor
for falconry purposes or practice falconry in that State.
[[Page 434]]
(e) Classes of permits. States may have any number of classes of
falconry permits provided the standards are not less restrictive than
the following:
(1) Apprentice (or equivalent) class. (i) Permittee shall be at
least 14 years old;
(ii) A sponsor who is a holder of a General or Master Falconry
Permit or equivalent class is required for the first two years in which
an apprentice permit is held, regardless of the age of the permittee. A
sponsor may not have more than three apprentices at any one time;
(iii) Permittee shall not possess more than one raptor and may not
obtain more than one raptor for replacement during any 12-month period;
and
(iv) Permittee shall possess only the following raptors which must
be taken from the wild: an American kestrel (Falco sparverius), a red-
tailed hawk (Buteo jamaicensis), a red-shouldered hawk (Buteo lineatus),
or, in Alaska only, a goshawk (Accipiter gentilis).
(2) General (or equivalent) class. (i) A permittee shall be at least
18 years old;
(ii) A permittee shall have at least two years experience in the
practice of falconry at the apprentice level or its equivalent;
(iii) A permittee may not possess more than two raptors and may not
obtain more than two raptors for replacement birds during any 12-month
period; and
(iv) A permittee may not take, transport, or possess any golden
eagle or any species listed as threatened or endangered in part 17 of
this subchapter.
(3) Master (or equivalent) class. (i) An applicant shall have at
least five years experience in the practice of falconry at the general
class level or its equivalent.
(ii) A permittee may not possess more than three raptors and may not
obtain more than two raptors taken from the wild for replacement birds
during any 12-month period;
(iii) A permittee may not take any species listed as endangered in
part 17 of this chapter, but may transport or possess such species in
accordance with part 17 of this chapter.
(iv) A permittee may not take, transport, or possess any golden
eagle for falconry purposes unless authorized in writing under
Sec. 22.24 of this subchapter;
(v) A permittee may not take, in any twelve (12) month period, as
part of the three-bird limitation, more than one raptor listed as
threatened in part 17 of this chapter, and then only in accordance with
part 17 of this chapter.
(f) Examination. State laws or regulations shall provide that before
any State falconry permit is issued the applicant shall be required to
answer correctly at least 80 percent of the questions on a supervised
examination provided or approved by the Service and administered by the
State, relating to basic biology, care, and handling of raptors,
literature, laws, regulations or other appropriate subject matter.
(g) Facilities and equipment. Statelaws or regulations shall provide
that before a State falconry permit is issued the applicant's raptor
housing facilities and falconry equipment shall be inspected and
certified by a representative of the State wildlife department as
meeting the following standards:
(1) Facilities. The primary consideration for raptor housing
facilities whether indoors (mews) or outdoors (weathering area) is
protection from the environment, predators, or undue disturbance. The
applicant shall have the following facilities, except that depending
upon climatic conditions, the issuing authority may require only one of
the facilities described below.
(i) Indoor facilities (mews) shall be large enough to allow easy
access for caring for the raptors housed in the facility. If more than
one raptor is to be kept in the mews, the raptors shall be tethered or
separated by partitions and the area for each bird shall be large enough
to allow the bird to fully extend its wings. There shall be at least one
window, protected on the inside by vertical bars, spaced narrower than
the width of the bird's body, and a secure door that can be easily
closed. The floor of the mews shall permit easy cleaning and shall be
well drained. Adequate perches shall be provided.
(ii) Outdoor facilities (weathering area) shall be fenced and
covered with netting or wire, or roofed to protect the birds from
disturbance and attack by predators except that perches more than 6\1/2\
feet high need not be covered or roofed. The enclosed area shall be
large enough to insure the birds cannot
[[Page 435]]
strike the fence when flying from the perch. Protection from excessive
sun, wind, and inclement weather shall be provided for each bird.
Adequate perches shall be provided.
(2) Equipment. The following items shall be in the possession of the
applicant before he can obtain a permit or license:
(i) Jesses--At least 1 pair of Alymeri jesses or similar type
constructed of pliable, high-quality leather or suitable synthetic
material to be used when any raptor is flown free. (Traditional 1-piece
jesses may be used on raptors when not being flown.);
(ii) Leashes and swivels--At least 1 flexible, weather-resistant
leash and 1 strong swivel of acceptable falconry design;
(iii) Bath container--At least 1 suitable container, 2 to 6 inches
deep and wider than the length of the raptor, for drinking and bathing
for each raptor;
(iv) Outdoor perches--At least 1 weathering area perch of an
acceptable design shall be provided for each raptor; and
(v) Weighing device--A reliable scale or balance suitable for
weighing the raptor(s) held and graduated to increments of not more than
\1/2\ ounce (15 gram) shall be provided.
(3) Maintenance. All facilities and equipment shall be kept at or
above the preceding standards at all times.
(4) Transportation; temporary holding. A raptor may be transported
or held in temporary facilities which shall be provided with an adequate
perch and protected from extreme temperatures and excessive disturbance,
for a period not to exceed 30 days.
(h) Marking. All peregrine falcons (Falco peregrinus), gyrfalcon
(Falco rusticolus), and Harris hawk (Parabuteo unicinctus) possessed for
falconry purposes must be marked in accordance with the following
provisions:
(1) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco
rusticolus), or Harris hawk (Parabuteo unicinctus), except a captive
bred raptor lawfully marked by a numbered, seamless band issued by the
Service, must be banded with a permanent, non-reusable, numbered band
issued by the Service.
(2) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco
rusticolus), or Harris hawk (Parabuteo unicinctus) possessed for
falconry purposes must be banded at all times in accordance with these
standards. Loss or removal of any band must be reported to the issuing
office within five (5) working days of the loss and must be replaced
with a permanent, non-reusable, numbered band supplied by the Service.
(i) Taking restrictions. State laws or regulations shall provide the
following restrictions on the taking of raptors from the wild:
(1) Young birds not yet capable of flight (eyasses) may only be
taken by a General or Master Falconer during the period specified by the
State and no more than two eyasses may be taken by the same permittee
during the specified period.
(2) First-year (passage) birds may be taken only during the period
specified by the State;
(3) In no case shall the total of all periods of taking of eyasses
or passage birds exceed 180 days during a calendar year, except that a
marked raptor may be retrapped at any time; and
(4) Only American kestrels (Falcosparverius) and great-horned owls
(Bubo virginianus) may be taken when over one year old, except that any
raptor other than endangered or threatened species taken under a
depredation (or special purpose) permit may be used for falconry by
General and Master falconers.
(j) Other restrictions. State laws or regulations shall provide the
following restrictions or conditions:
(1) A person who possesses a lawfully acquired raptor before the
enactment of these regulations and who fails to meet the permit
requirements shall be allowed to retain the raptors. All such birds
shall be identified with markers supplied by the Service and cannot be
replaced if death, loss, release, or escape occurs.
(2) A person who possesses raptors before the enactment of these
regulations, in excess of the number allowed under his class permit,
shall be allowed to retain the extra raptors. All such birds shall be
identified with markers supplied by the Service and no replacement can
occur, nor may an additional raptor be obtained, until the number in
possession is at least one less than the
[[Page 436]]
total number authorized by the class of permit held by the permittee.
(3) A falconry permit holder shall obtain written authorization from
the appropriate State wildlife department before any species not
indigenous to that State is intentionally released to the wild, at which
time the marker from the released bird shall be removed and surrendered
to the State wildlife department. The marker from an intentionally
released bird which is indigenous to that State shall also be removed
and surrendered to the State wildlife department. A standard Federal
bird band shall be attached to such birds by the State or Service-
authorized Federal bird bander whenever possible.
(4) A raptor possessed under authority of a falconry permit may be
temporarily held by a person other than the permittee only if that
person is otherwise authorized to possess raptors, and only if the
raptor is accompanied at all times by the properly completed form 3-186A
(Migratory Bird Acquisition/Disposition Report) designating the
permittee as the possessor of record and by a signed, dated statement
from the permittee authorizing the temporary possession.
(5) Feathers that are molted or those feathers from birds held in
captivity that die, may be retained and exchanged by permittees only for
imping purposes.
(k) States Meeting Federal Falconry Standards. In accordance with
this section, the Director has determined that the following States meet
or exceed the minimum Federal standards for regulating the taking,
possession, and transportation of raptors for the purpose of falconry as
set forth herein.
*Alabama *Alaska *Arizona *Arkansas *California *Colorado *Florida *Georgia *Idaho *Illinois *Indiana *Iowa *Kansas *Kentucky *Louisiana *Maine *Massachusetts *Maryland *Michigan *Minnesota *Mississippi Missouri *Montana *Nebraska *Nevada *New Hampshire *New Jersey *New Mexico *New York *North Dakota *North Carolina *Ohio *Oklahoma *Oregon *Pennsylvania *Rhode Island *South Carolina *South Dakota *Tennessee *Texas *Utah *Virginia *Washington *Wisconsin *Wyoming
[Note: States which are participants in a joint Federal/State permit system will be designated by an asterisk.]
[41 FR 2238, Jan. 15, 1976; 41 FR 8053, Feb. 24, 1976, as amended at 42 FR 42353, Aug. 23, 1977; 43 FR 968, Jan. 5, 1978; 43 FR 10566, Mar. 14, 1978; 43 FR 34150, Aug. 3, 1978; 43 FR 57606, Dec. 8, 1978; 45 FR 25066, Apr. 14, 1980; 45 FR 70276, Oct. 23, 1980; 48 FR 31608, July 8, 1983; 48 FR 42820, Sept. 20, 1983; 54 FR 38153, Sept. 14, 1989; 59 FR 11204, Mar. 10, 1994]
Sec. 21.30 Raptor propagation permits.
(a) Permit requirement. A raptor propagation permit is required
before any person may take, possess, transport, import, purchase,
barter, or offer to sell, purchase, or barter any raptor, raptor egg, or
raptor semen for propagation purposes.
(b) Application procedures. Applications for raptor propagation
permits must be submitted to the appropriate Special Agent in Charge
(See Sec. 13.11(b) of this chapter). 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 statement indicating the purpose(s) for which a raptor
propagation permit is sought and, where applicable, the scientific or
educational objectives of the applicant;
(2) A statement indicating whether the applicant has been issued a
State permit authorizing raptor propagation (include name of State,
permit number, and expiration date);
(3) A statement fully describing the nature and extent of the
applicant's experience with raptor propagation or handling raptors;
(4) A description of each raptor the applicant possesses or will
acquire for propagation purposes to include the species, age (if known),
sex (if known), date of acquisition, source, and raptor marker number;
(5) A description of each raptor the applicant possesses for
purposes other than raptor propagation to include the
[[Page 437]]
species, age (if known), sex (if known), date of acquisition, source,
raptor marker number, and purpose for which it is possessed;
(6) A description and photographs of the facilities and equipment to
be used by the applicant including the dimensions of any structures
intended for housing the birds;
(7) A statement indicating whether the applicant requests authority
to take raptors or raptor eggs from the wild.
(c) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (b) of this section, the Director will decide
whether a permit should be issued. In making this decision, the Director
shall consider, in addition to the general criteria in Sec. 13.21(b) of
this chapter, the following factors:
(1) Whether an applicant's raptor propagation facilities are
adequate for the number and species of raptors to be held under the
permit.
(2) Whether propagation is authorized by the State in which the
propagation will occur, and if authorized, whether the applicant has any
required State propagation permit.
(3) Whether the applicant is at least 18 years old with a minimum of
2 years experience handling raptors, and if the applicant requests
authority to propagate endangered or threatened species, whether the
applicant is at least 23 years old with a minimum of 7 years experience
handling raptors.
(4) If the applicant requests authority to take raptors or raptor
eggs from the wild:
(i) Whether issuance of the permit would have a significant effect
on any wild population of raptors;
(ii) Whether suitable captive stock is available; and
(iii) Whether wild stock is needed to enhance the genetic
variability of captive stock.
(d) Additional permit conditions. In addition to the general
conditions found in part 13 of this chapter, raptor propagation permits
are subject to the following additional conditions:
(1) Facilities. Any tethered raptor possessed under this permit must
be maintained in accordance with the Federal falconry standards for
``facilities and equipment'' described in Sec. 21.29(g), unless a
specific exception in writing is obtained. For untethered raptors, the
breeding facilities must be soundly constructed and entirely enclosed
with wood, wire netting, or other suitable material which provides a
safe, health, environment. The design of such facilities and ancillary
equipment must:
(i) Minimize the risk of injury by providing protection from
predators, disturbances that would likely cause harm, extreme weather
conditions, and collision with interior or perimeter construction
materials and equipment such as support poles, windows, wire netting,
perches, or lights;
(ii) Enhance sanitation by providing a well-drained floor, fresh air
ventilation, source of light, fresh water for bathing and drinking,
access for cleaning, and interior construction materials suitable for
thorough cleaning or disinfection; and
(iii) Enhance the welfare and breeding success of the raptors by
providing suitable perches, nesting and feeding sites, and observation
ports or inspection windows during times when disturbance is felt to be
undesirable.
(2) Incubation of eggs. Each permittee must notify the Director in
writing within 5 days from the day the first egg is laid by any raptor
held under a raptor propagation permit, but notice is not required more
often than once every 60 days.
(3) Marking requirement. Unless otherwise specifically exempted,
every raptor possessed for propagation, including all progeny produced
pursuant to the permitted activity, must be banded in accordance with
the following provisions:
(i) Except for captive-bred raptors lawfully marked with a seamless,
numbered band provided by the Service, any raptor possessed for
propagation purposes shall be banded with a permanent, non-reusable,
numbered band issued by the Service.
(ii) Unless specifically exempted by the conditions of the raptor
propagation permit, each captive-bred raptor produced under authority of
a raptor propagation permit shall be banded within two (2) weeks of
hatching with a numbered, seamless band provided by the Service, placed
on the raptor's leg
[[Page 438]]
(metatarsus). In marking captive-bred raptors, permittees:
(A) Shall use a band with an opening (inside diameter) which is
small enough to prevent its removal when the raptor is fully grown
without causing serious injury to the raptor or damaging the bands
integrity or one-piece construction;
(B) May band a raptor with more than one size band when the
potential diameter of the raptor's leg at maturity cannot be determined
at the time of banding;
(C) Shall remove all but one band from any raptor with more than one
band before the raptor is five (5) weeks of age and return all bands
removed to the issuing office.
(iii) No raptor taken from the wild, produced from an egg taken from
the wild, or produced from an egg from any source other than bred in
captivity under authority of a raptor propagation permit may be banded
with a numbered seamless band issued by the Service.
(iv) No permittee under this section may band any raptor with any
band issued or authorized by the Service unless that raptor is lawfully
possessed by the permittee.
(4) Taking Raptors or Raptor Eggs from the Wild. Any permit
authorizing the permittee to take raptors or raptor eggs from the wild
for propagation purposes is subject to the following additional
restrictions:
(i) The State or foreign country in which the raptors or raptor eggs
are taken must authorize the permittee in writing to take raptors or
raptor eggs from the wild for propagation purposes;
(ii) No raptor listed in Sec. 17.11 of this chapter as
``endangered'' or ``threatened'' may be taken from the wild without
first obtaining the proper permit under part 17 of this chapter; and
(iii) No raptor or raptor egg may be taken from the wild except in
accordance with State law.
(5) Transfer, purchase, sale, or barter of raptors, raptor eggs, or
raptor semen. (i) A permittee may transfer any lawfully possessed
raptor, raptor egg, or raptor semen to another permittee or transfer any
raptor to a falconer who holds a valid State falconry permit if no money
or other consideration is involved.
(ii) A permittee may transfer, purchase, sell, or barter any raptor
which is banded with a numbered seamless marker provided or authorized
by the Service, subject to the following conditions:
(A) When the permittee purchases from, sells to, or barters with any
person in the U.S., that person must be authorized under this part to
purchase, sell, or barter captive-bred raptors;
(B) When the permittee purchases from or barters with any person in
a foreign country, that person must be authorized by the competent
wildlife management authority of the foreign country in which the
transaction occurs to sell or barter captive-bred raptors; and
(C) When the permittee transfers to, sells to or barters with any
person in a foreign country, that person must be authorized to possess,
purchase or barter captive-bred raptors by the competent wildlife
management authority of his/her country of residence or domicile and the
same wildlife management authority must certify in writing that the
recipient is an experienced falconer or raptor propagator who is
required to maintain any raptors in his/her possession under conditions
that are comparable to the conditions under which a permittee must
maintain raptors under Sec. 21.29 or Sec. 21.30. No certification is
required if the competent wildlife management authority itself is the
recipient of captive-bred raptors for conservation purposes.
(iii) No raptor may be traded, transferred, purchased, sold, or
bartered until it is two weeks old and only after it is properly banded
with a nonreuseable marker provided or authorized by the Service, unless
it is transferred, sold, or bartered to a State or Federal wildlife
management agency for conservation purposes.
(iv) A permittee may purchase, sell, or barter semen collected from
any captive-bred raptor.
(v) A permittee may not purchase, sell or barter any raptor eggs,
any raptors taken from the wild, any raptor semen collected from the
wild, or any raptors hatched from eggs taken from the wild.
[[Page 439]]
(6) Use of Service form 3-186A. No permittee may take, purchase,
receive, or otherwise acquire, sell, trade, barter, transfer, or
otherwise dispose of any raptor unless such permittee submits a form 3-
186A (Migratory Bird Acquisition/Disposition Report), completed in
accordance with the instructions on the form, to the issuing office
within five (5) calendar days of any such transfer. Provided, that a
permittee does not have to submit a form 3-186A (Migratory Bird
Acquisition/Disposition Report) to report the acquisition raptors
hatched from eggs produced as a result of the permittee's propagation
activities as long as these raptors remain in the possession of the
permittee.
(7) Documentation of lawful possession. No raptor may be possessed
under authority of a raptor propagation permit unless the permittee has
a properly completed form 3-186A (Migratory Bird Acquisition/Disposition
Report) for each bird possessed, except as provided in paragraph (d)(5)
of this section.
(8) Temporary possession. A raptor possessed under authority of a
raptor propagation permit may be temporarily held by a person other than
the permittee only if that person is otherwise authorized to possess
raptors, and only if the raptor is accompanied at all times by the
properly completed form 3-186A (Migratory Bird Acquisition/Disposition
Report) designating the permittee as the possessor of record and by a
signed, dated statement from the permittee authorizing the temporary
possession.
(9) Sale, purchase, barter. A permittee may not sell, purchase,
barter, or offer to sell, purchase, or barter any raptor unless the
raptor is marked on the metatarsus by a seamless, numbered band supplied
by the Service.
(10) Transfer to another. A permittee may not receive or otherwise
acquire from, may not transfer or otherwise dispose of to, and may not
loan to or temporarily place with another person any raptor unless that
person is authorized to acquire, possess, and dispose of such raptors
under a valid permit issued pursuant to this part and part 13 or as
permitted by regulations in this part.
(11) Use in falconry. A permittee may use a raptor possessed for
propagation in the sport of falconry only if such use is designated in
both the propagation permit and the permittee's falconry permit.
(12) Interspecific hybridization. Hybridization between species
(interspecific hybridization) is authorized only if each raptor produced
by interspecific hybridization is either imprinted on humans (hand-
raised in isolation from the sight of other raptors from two weeks of
age until it is fully feathered) or surgically sterilized.
(13) Possession of dead raptors, non-viable eggs, nests, and
feathers. (i) Upon the death of any raptor held under permit, a
permittee must remove the marker and immediately return it to the
Director. The carcass must be destroyed immediately, unless the
permittee requests authorization from the Director to retain possession
of it. A permittee who has obtained written authorization from the
Director to retain possession of the carcass may transfer it to any
other person authorized by the Service to possess it, provided no money
or other consideration is involved.
(ii) A permittee may possess addled or blown eggs, nests, and
feathers from raptors held under permit and may transfer any of these
items to any other person authorized by the Service to possess them
provided no money or other consideration is involved.
(14) Intentional release to the wild. (i) A permittee must obtain
written authorization from the Director and the Director of the wildlife
conservation department of the State in which release to the wild is
proposed before intentionally releasing any raptor to the wild. The
raptor marker must be removed from each bird and immediately returned to
the Director. A Federal bird band must be attached to each raptor by a
person designated by the Director before its release.
(ii) No raptor produced by interspecific hybridization may be
intentionally released to the wild.
(15) Recordkeeping. A permittee must maintain complete and accurate
records of all operations, to include the following:
[[Page 440]]
(i) Acquisition of raptors, eggs, or semen from sources other than
production.
(A) Description of stock:
(1) Species, sex, age of each (if applicable),
(2) Genotype-natal area (geographical breeding site or area that
captive stock represents, e.g., Colville River, Alaska; unknown; migrant
taken in Maryland, etc.), and
(3) Marker number (if applicable).
(B) Type of stock (including number or amount):
(1) Semen,
(2) Egg, or
(3) Bird.
(C) How acquired:
(1) Purchase, barter, or transfer (include the purchase price or a
description of any other consideration involved), or
(2) Taken from the wild.
(D) Date acquired: month, day, and year.
(E) From whom or where stock acquired:
(1) Name, address, and permit number of seller, barterer, or
transferor; or
(2) Location where stock taken from the wild.
(ii) Disposition of raptors, eggs, or semen.
(A) Description of stock:
(1) Species, sex, age of each (if applicable),
(2) Genotype-natal area (geographical breeding site or area that
captive stock represents, e.g., Colville River, Alaska; unknown; migrant
taken in Maryland, etc.), and
(3) Marker number (if applicable).
(B) Type of stock (including number or amount):
(1) Semen,
(2) Egg, or
(3) Bird.
(C) Manner of disposition:
(1) Sale, barter, or transfer (include the sale price or a
description of any other consideration involved),
(2) Live loss,
(3) Intentional release to the wild, or
(4) Death.
(D) Date of disposition: month, day, and year.
(E) To whom or where stock disposed:
(1) Name, address, and permit number of purchaser, barterer, or
transferee, or
(2) Description and location of other disposition.
(iii) Production and pedigree record.
(A) Mother and father(s):
(1) Species,
(2) Genotype-natal area, and
(3) Marker number.
(B) Insemination:
(1) Natural,
(2) Artificial, or
(3) Combined.
(C) Eggs laid:
(1) Total,
(2) First date, and
(3) Last date.
(D) Eggs hatched:
(1) Total,
(2) First date, and
(3) Last date.
(E) Young raised to 2 weeks of age:
(1) Total produced, and
(2) Marker number and date marked for each raptor.
(16) Annual report. A permittee must submit an annual report by
January 31 of each year for the preceding year to the Director. The
report must include the following information for each species possessed
by the permittee:
(i) Number of raptors possessed as of December 31 (including the
species, marker number, sex, and age of each raptor).
(ii) Number of females laying eggs.
(iii) Number of eggs laid.
(iv) Number of eggs hatched.
(v) Number of young raised to 2 weeks of age.
(vi) Number of raptors purchased, sold, bartered, received, or
transferred (including the species, marker number, sex, and age of each
raptor) the date of the transaction, and the name, address and permit
number of each purchaser, seller, barterer, transferor, or transferee.
(e) Term of permit. A raptor propagation permit issued or renewed
under this part expires on the date designated on the face of the permit
unless amended or revoked, but the term of the permit shall not exceed
three (3) years from the date of issuance or renewal.
[48 FR 31608, July 8, 1983, as amended at 49 FR 9736, Mar. 15, 1984; 54 FR 38154, Sept. 14, 1989]
[[Page 441]]
Subpart D--Control of Depredating Birds
Sec. 21.41 Depredation permits.
(a) Permit requirement. Except as provided in Secs. 21.42 through
21.46, a depredation permit is required before any person may take,
possess, or transport migratory birds for depredation control purposes.
No permit is required merely to scare or herd depredating migratory
birds other than endangered or threatened species or bald or golden
eagles.
(b) Applicant procedures. Applications for depredation permits 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) A description of the area where depredations are occurring;
(2) The nature of the crops or other interests being injured;
(3) The extent of such injury; and
(4) The particular species of migratory birds committing the injury.
(c) Additional permit conditions. Inaddition to the general
conditions set forth in part 13 of this subchapter B, depredation
permits shall be subject to requires, in this section:
(1) Permittees may not kill migratory birds unless specifically
authorized on the permit.
(2) Unless otherwise specifically authorized, when permittees are
authorized to kill migratory birds they may do so only with a shotgun
not larger than No. 10 gauge fired from the shoulder, and only on or
over the threatened area or area described on the permit.
(3) Permittees may not use blinds, pits, or other means of
concealment, decoys, duck calls, or other devices to lure or entice
birds within gun range.
(4) All migratory birds killed shall be retrieved by the permittee
and turned over to a Bureau representative or his designee for
disposition to charitable or other worthy institutions for use as food,
or otherwise disposed of as provided by law.
(5) Only persons named on the permit are authorized to act as agents
of the permittee under authority of the permit.
(d) Tenure of permits. The tenure of depredation permits shall be
limited to the dates which appear on its face, but in no case shall be
longer than one year.
[39 FR 1178, Jan. 4, 1974, as amended at 42 FR 17122, Mar. 31, 1977]
Sec. 21.42 Authority to issue depredating orders to permit the killing
of migratory game birds.
Upon the receipt of evidence clearly showing that migratory game
birds have accumulated in such numbers in a particular area as to cause
or about to cause serious damage to agricultural, horticultural, and
fish cultural interests, the Director is authorized to issue by
publication in the Federal Register a depredation order to permit the
killing of such birds under the following conditions:
(a) That such birds may only be killed by shooting with a shotgun
not larger than No. 10 gauge fired from the shoulder, and only on or
over the threatened area or areas;
(b) That shooting shall be limited to such time as may be fixed by
the Director on the basis of all circumstances involved. If prior to
termination of the period fixed for such shooting, the Director receives
information that there no longer exists a serious threat to the area or
areas involved, he shall without delay cause to be published in the
Federal Register an order of revocation;
(c) That such migratory birds as are killed under the provisions of
any depredation order may be used for food or donated to public museums
or public scientific and educational institutions for exhibition,
scientific, or educational purposes, but shall not be sold, offered for
sale, bartered, or shipped for purpose of sale or barter, or be wantonly
wasted or destroyed: Provided, That any migratory game birds which
cannot be so utilized shall be disposed of as prescribed by the
Director;
(d) That any order issued pursuant to this section shall not
authorize the killing of the designated species of depredating birds
contrary to any State laws or regulations. The order shall
[[Page 442]]
specify that it is issued as an emergency measure designed to relieve depredations only and shall not be construed as opening, reopening, or extending any open hunting season contrary to any regulations promulgated pursuant to section 3 of the Migratory Bird Treaty Act.
Sec. 21.43 Depredation order for blackbirds, cowbirds, grackles, crows
and magpies.
A Federal permit shall not be required to control yellow-headed red-
winged, rusty, and Brewer's blackbirds, cowbirds, all grackles, crows,
and magpies, when found committing or about to commit depredations upon
ornamental or shade trees, agricultural crops, livestock, or wildlife,
or when concentrated in such numbers and manner as to constitute a
health hazard or other nuisance: Provided:
(a) That none of the birds killed pursuant to this section, nor
their plumage, shall be sold or offered for sale, but may be possessed,
transported, and otherwise disposed of or utilized.
(b) 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 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 said operations.
(c) That nothing in this section shall be construed to authorize the
killing of such 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 State concerned.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989]
Sec. 21.44 Depredation order for designated species of depredating
birds in California.
In any county in California in which horned larks, golden-crowned,
white-crowned and other crowned sparrows, and house finches are, under
extraordinary conditions, seriously injurious to agricultural or other
interests, the Commissioner of Agriculture may, without a permit, kill
or cause to be killed under his/her general supervision such of the
above migratory birds as may be necessary to safeguard any agricultural
or horticultural crop in the county: Provided:
(a) That such migratory birds shall be killed only when necessary to
protect agricultural or horticultural crops from depredation; that none
of the above migratory birds killed, or the parts thereof, or the
plumage of such birds, shall be sold or removed from the area where
killed; but that all such dead migratory birds shall be buried or
otherwise destroyed within this area, except that any specimens needed
for scientific purposes, as determined by the State or the Director
shall not be destroyed.
(b) That any Commissioner of Agriculture exercising the privileges
granted by this section shall keep records of the persons authorized by
the Commissioner to kill such migratory birds, and the estimated number
of such birds killed pursuant to the exercise of his authority, and the
Commissioner shall submit a report thereof to the Director on or before
December 31 of each year or whenever the Director so requests.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989; 55 FR 17352, Apr. 24, 1990]
Sec. 21.45 Depredation order for depredating purple gallinules in
Louisiana.
Landowners, sharecroppers, tenants, or their employees or agents,
actually engaged in the production of rice in Louisiana, may, without a
permit, shoot purple gallinules (Ionornis martinica) when found
committing or about to commit serious depredations to growing rice crops
on the premises owned or occupied by such persons: Provided:
(a) That purple gallinules may only be killed pursuant to this
section between May 1 and August 15 in any year.
(b) That purple gallinules killed 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
[[Page 443]]
otherwise destroy the carcasses of such birds is permitted: Provided,
That the Director or the State agricultural department, college, or
other public institution may requisition such purple gallinules killed
as may be needed for scientific investigations: Provided further, That
any purple gallinules killed under authority of this section may also be
donated to charitable institutions for food purposes.
(c) 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 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 said operations.
(d) 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 State of Louisiana.
(e) 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 Director.
Sec. 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 Sec. 10.22 of this subchapter).
[39 FR 31326, Aug. 28, 1974]