[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: 50CFR21.30]
[Page 436-440]
TITLE 50--WILDLIFE AND FISHERIES
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR
PART 21--MIGRATORY BIRD PERMITS--Table of Contents
Subpart C--Specific Permit Provisions
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]
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