50 CFR Part 21 — Migratory Bird Permits

PART 21—MIGRATORY BIRD PERMITS Authority: 16 U.S.C. 703-712. Source: 39 FR 1178, Jan. 4, 1974, unless otherwise noted. Subpart A—Introduction and General Requirements Source: 39 FR 1178, Jan. 4, 1974, as amended at 87 FR 880, Jan. 7, 2022. § 21.2 Purpose of this part. 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, transportation, 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. Redesignated and amended at 87 FR 880, Jan. 7, 2022] § 21.4 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: Provided, (b) Except as set forth in paragraphs (b)(1) and (2) of this section, the regulations in this part do not apply to the bald eagle ( Haliaeetus leucocephalus Aquila chrysaetos (1) In this part in subpart B, which sets forth regulatory authorizations for migratory birds, the following sections of this part apply to the migratory birds listed in 50 CFR 10.13, including the bald eagle ( Haliaeetus leucocephalus Aquila chrysaetos (i) § 21.16: Authorization—salvage; (ii) § 21.22: Authorization—licensed veterinarians; (iii) § 21.32: Authorization—mortality events; (iv) § 21.34: Authorization—natural resource agency employees; and (v) § 21.40: Authorization—law enforcement personnel. (2) In this part in subpart C, which sets forth specific permit provisions, the following sections of this part apply to the migratory birds listed in 50 CFR 10.13, including the bald eagle ( Haliaeetus leucocephalus Aquila chrysaetos (i) § 21.63: Taxidermist permits; (ii) § 21.70: Banding or marking permits; (iii) § 21.76: Rehabilitation permits; and (iv) § 21.82: Falconry standards and falconry permitting. (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; 68 FR 61137, Oct. 27, 2003; 73 FR 59465, Oct. 8, 2008. Redesignated and amended at 87 FR 880, Jan. 7, 2022; 89 FR 107038, Dec. 31, 2024] § 21.5 Disqualifying factors. A person may not hold, or act under authorization of, a permit granted by regulation or permit under this part if any of the following circumstances apply, unless the Director expressly waives that disqualification in writing prior to any act in question: (a) The person has been convicted of or pled guilty or nolo contendere (b) The person has had any other authorization, license, or permit issued pursuant to the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act revoked in accordance with § 13.28 of this subchapter B within the last 5 years. (c) The person has failed to pay any required fees, penalties, or other money owed, for any reason, to the United States. Disqualification is effective as soon as the deficiency applies. This disqualification is lifted when the money owed is paid in full unless the Service notifies the person in writing of permanent disqualification due to repeated or extended failure to pay. (d) The person has failed to submit timely, accurate, or valid reports required under this part. Disqualification is effective as soon as the deficiency applies. This disqualification is lifted when the required reports are submitted unless the Service notifies the person in writing of permanent disqualification due to repeated or extended failure to meet reporting requirements. [89 FR 107039, Dec. 31, 2024] § 21.6 Definitions. In addition to definitions contained in part 10 of this chapter, and unless the context requires otherwise, as used in this part: Armed Forces Bred in captivity captive-bred Captivity Conservation measures, Falconry Hacking Humane and healthful conditions e.g., Hybrid Imprint, Livestock depredation area Military readiness activity, as defined in Pub. L. 107-314, § 315(f), 116 Stat. 2458 (Dec. 2, 2002) [Pub. L. § 319 (c)(1)], Population, Raptor Haliaeetus leucocephalus Aquila chrysaetos Resident Canada geese Secretary of Defense Service we Significant adverse effect on a population, [48 FR 31607, July 8, 1983, as amended at 64 FR 32774, June 17, 1999; 71 FR 45986, Aug. 10, 2006; 72 FR 8949, Feb. 28, 2007; 72 FR 46408, Aug. 20, 2007; 73 FR 59465, Oct. 8, 2008; 75 FR 931, Jan. 7, 2010; 78 FR 65578, 65864, Nov. 1, 2013; 84 FR 28773, June 20, 2019. Redesignated and amended at 87 FR 880, Jan. 7, 2022; 89 FR 107039, Dec. 31, 2024] § 21.8 Information collection requirements. The Office of Management and Budget (OMB) has approved the information collection requirements contained in this part and assigned OMB Control Number 1018-0022. Federal agencies may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Direct comments regarding the burden estimate or any other aspect of the information collection to the Service's Information Collection Clearance Officer at the address provided at 50 CFR 2.1(b). [87 FR 880, Jan. 7, 2022] § 21.10 General permit requirements. No person may 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 of this chapter, or as permitted by regulations in this part, or part 20 of this subchapter (the hunting regulations), or part 92 of subchapter G of this chapter (the Alaska subsistence harvest regulations). Birds taken or possessed under this part in “included areas” of Alaska as defined in § 92.5(a) are subject to this part and not to part 92 of subchapter G of this chapter. [68 FR 43027, July 21, 2003. Redesignated at 87 FR 881, Jan. 7, 2022] Subpart B—Regulatory Authorizations for Migratory Birds Source: 39 FR 1178, Jan. 4, 1974, as amended at 87 FR 880, Jan. 7, 2022. § 21.12 General exceptions to permit requirements. The following persons or entities under the following conditions are exempt from the permit requirements: (a) Employees of the Department of the Interior (DOI): (b) Employees of certain public and private institutions: Provided, (2) Employees of Federal, State, and local wildlife and land management agencies; employees of Federal, State, and local public health agencies; and laboratories under contract to such agencies may in the course of official business collect, possess, transport, and dispose of sick or dead migratory birds or their parts for analysis to confirm the presence of infectious disease. Nothing in this paragraph authorizes the take of uninjured or healthy birds without prior authorization from the Service. Additionally, nothing in this paragraph authorizes the taking, collection, or possession of migratory birds when circumstances indicate reasonable probability that death, injury, or disability was caused by factors other than infectious disease and/or natural toxins. These factors may include, but are not limited to, oil or chemical contamination, electrocution, shooting, or pesticides. If the cause of death of a bird is determined to be other than natural causes or disease, Service law enforcement officials must be contacted without delay. (c) Licensed veterinarians: (1) Notify the local U.S. Fish and Wildlife Service Ecological Services Office immediately upon receiving a threatened or endangered migratory bird species. Contact information for Ecological Services offices can be located on the Internet at http://offices.fws.gov (2) Euthanize migratory birds as required by § 21.76(e)(4)(iii) and § 21.76(e)(4)(iv), and dispose of dead migratory birds in accordance with § 21.76(e)(4)(vi); and (3) Keep records for 5 years of all migratory birds that die while in their care, including those they euthanize. The records must include: the species of bird, the type of injury, the date of acquisition, the date of death, and whether the bird was euthanized. (d) General public: (1) You may humanely remove a trapped migratory bird from the interior of a residence or a commercial or government building without a Federal permit if the migratory bird: (i) Poses a health threat (for example, through damage to foodstuffs); (ii) Is attacking humans, or poses a threat to human safety because of its activities (such as opening and closing automatic doors); (iii) Poses a threat to commercial interests, such as through damage to products for sale; or (iv) May injure itself because it is trapped. (2) You must use a humane method to capture the bird or birds. You may not use adhesive traps to which birds may adhere (such as glue traps) or any other method of capture likely to harm the bird. (3) Unless you have a permit that allows you to conduct abatement activities with a raptor, you may not release a raptor into a building to either frighten or capture another bird. (4) You must immediately release a captured bird to the wild in habitat suitable for the species, unless it is exhausted, ill, injured, or orphaned. (5) If a bird is exhausted or ill, or is injured or orphaned during the removal, the property owner is responsible for immediately transferring it to a federally permitted migratory bird rehabilitator. (6) You may not lethally take a migratory bird for these purposes. If your actions to remove the trapped migratory bird are likely to result in its lethal take, you must possess a Federal Migratory Bird Permit. However, if a bird you are trying to remove dies, you must dispose of the carcass immediately unless you have reason to believe that a museum or scientific institution might be able to use it. In that case, you should contact your nearest Fish and Wildlife Service office or your State wildlife agency about donating the carcass. (7) For birds of species on the Federal List of Threatened or Endangered Wildlife, provided at 50 CFR 17.11(h), you may need a Federal threatened or endangered species permit before removing the birds (see 50 CFR 17.21 and 50 CFR 17.31). (8) You must have a permit from your Regional migratory bird permits office to remove a bald eagle or a golden eagle from a building (see 50 CFR Part 22). (9) Your action must comply with State and local regulations and ordinances. You may need a State, Tribal, or Territorial permit before you can legally remove the bird or birds. (10) If an active nest with eggs or nestlings is present, you must seek the assistance of a federally permitted migratory bird rehabilitator in removing the eggs or nestlings. The rehabilitator is then responsible for handling them properly. (11) If you need advice on dealing with a trapped bird, you should contact your closest Fish and Wildlife Service office or your State wildlife agency. [39 FR 1178, Jan. 4, 1974, as amended at 50 FR 8638, Mar. 4, 1985; 54 FR 38151, Sept. 14, 1989; 68 FR 61137, Oct. 27, 2003; 72 FR 56928, Oct. 5, 2007; 87 FR 881, Jan. 7, 2022] § 21.14 Authorization—birds in buildings. (a) Any person may, without a permit, humanely remove a migratory bird from the interior of a residence, business, or similar building or structure where people live or work under the conditions set forth in this section. Authorization is limited to when the presence of migratory birds is preventing the normal use of the interior of a building or structure, such as causing a health or safety risk to humans or birds or damage to property such as foodstuffs or products for sale, or if the bird may become injured because it is trapped. This authorization does not apply to birds or nests on the exterior of buildings, such as siding or eaves, or to structures that are not human-occupied, such as bridges. (b) This authorization is subject to the following conditions: (1) Humane conditions. (2) Release. (3) Nests. (4) Prevention. (5) Disposal. (c) Additional authorization is required for bald eagles, golden eagles, and species on the Federal List of Endangered and Threatened Wildlife (50 CFR 17.11(h)). (d) You must also comply with any Federal, Tribal, State, or Territorial requirements that apply to removing migratory birds from buildings. [89 FR 107039, Dec. 31, 2024] § 21.16 Authorization—salvage. The regulations in this section authorize salvage activities and provide a regulatory authorization for these activities. (a) Salvage and disposition of bald eagle and golden eagle specimens. e.g., (1) If you salvage eagle specimens, you must immediately contact the Repository. When possible, contact the Repository prior to salvage. Alternatively, you may turn in salvaged eagles to your Federal, Tribal, or State wildlife agency. (2) If the Repository determines specimens must be sent to the Repository, you must follow the Repository's shipping instructions and ship specimens within 7 days of receiving instructions from the Repository. (3) If the Repository determines eagle specimens may be distributed to others, the Repository will provide written documentation for donation of the eagle specimen. Unless otherwise documented by the Service in writing, you must donate or otherwise legally dispose of the eagle specimen within 7 days of receiving instructions from the Repository. You may donate specimens to a public museum, public scientific society, or public zoological park authorized to receive eagle specimens for scientific or exhibition purposes under a regulatory authorization (50 CFR 22.15) or valid permit (50 CFR 22.50). (4) If not donated, the eagle specimens must be disposed of by destruction in accordance with Federal, Tribal, State, and local laws and ordinances. (5) Personal use is not authorized. Eagle specimens may not be held in possession for more than 7 calendar days, unless directed otherwise by the Service. Eagle specimens may not be purchased, sold, bartered, or offered for purchase, sale, or barter. (b) Salvage of migratory birds. (1) This authorization does not apply to live birds, viable eggs, or in-use nests. Salvage of eggs during breeding season is not authorized, except you may salvage nonviable eggs if you are professionally trained to distinguish viable eggs from nonviable eggs. Salvage of viable eggs is not authorized under this section. (2) Additional authorization is required to salvage bird species on the Federal List of Endangered and Threatened Wildlife (50 CFR 17.11(h)). (3) Salvage and disposition of bald eagles and golden eagles is limited as described in paragraphs (a)(1) through (a)(5) of this section. (4) You must dispose of all salvaged specimens as described below within 7 calendar days. (5) You must tag each specimen intended for donation with the species, date, location of salvage, and the name and contact information of the person who salvaged the specimen. The tag must remain with the specimen. (6) You must report the band information of any salvaged migratory bird with a Federal band to the U.S. Geological Survey Bird Banding Laboratory. (c) Disposition of migratory birds. (2) If not donated, migratory bird specimens must be disposed of by destruction in accordance with Federal, Tribal, State, Territorial, and local laws and ordinances. (3) Personal use is not authorized. Birds, parts, nests, and eggs may not be held in possession for more than 7 calendar days, unless directed otherwise by the Service. Migratory bird specimens may not be purchased, sold, bartered, or offered for purchase, sale, or barter. (d) Records. (e) Other requirements. (f) Reporting to law enforcement. [89 FR 107039, Dec. 31, 2024] § 21.18 Authorization—exhibition use of specimens. (a) Scope. (1) Open to the general public; (2) Established, maintained, and operated as a governmental service or privately endowed and organized but not operated for profit; and (3) Conducting programs for the purpose of educating the public about migratory bird biology, ecology, and conservation. (b) Acquisition. (c) Disposition. (d) Possession. e.g., e.g., (e) Educational programs. (f) Prohibitions. (g) Records. (h) Other laws. [89 FR 107040, Dec. 31, 2024] § 21.22 Authorization—licensed veterinarians. (a) Any person who finds a sick, injured, or orphaned migratory bird, including bald eagles and golden eagles, may, without a permit, take possession of the bird for immediate transport to a licensed veterinarian or federally permitted migratory bird rehabilitator. (b) Licensed veterinarians are authorized to take the following actions without a permit: (1) Take from the wild or receive from any person, a sick, injured, or orphaned migratory bird, including bald eagles and golden eagles, for the purpose of providing veterinary care. (2) Perform diagnostics as well as surgical and nonsurgical procedures necessary for triage, including euthanizing migratory birds (See § 21.76(e)(4)(iii)-(iv)). Under this authorization, licensed veterinarians may not conduct amputations and other procedures that could render a bird nonreleasable. (3) Release migratory birds that have been in care less than 24 hours to suitable habitat in the wild. The Service recommends contacting a federally permitted migratory bird rehabilitator if you need assistance determining if birds are suitable for release and suitable release locations. (4) Transfer birds to a federally permitted migratory bird rehabilitator. (5) Dispose of dead migratory birds in accordance with § 21.76(e)(4)(vi) and dispose of dead bald eagles and golden eagles in accordance with § 21.76(e)(4)(vi)(C). (c) Licensed veterinarians are not authorized to release to the wild migratory birds held in care longer than 24 hours. Any migratory bird held longer than 24 hours must be transferred to a federally permitted migratory bird rehabilitator. (d) After hospitalization is no longer required, within 48 hours, live migratory birds must be transferred to a federally permitted migratory bird rehabilitator. Any determination of nonreleasable status requires a rehabilitation permit (§ 21.76) and may not be made under this regulatory authorization. If unable to transfer a bird within that time, you must contact your regional migratory bird permit office for assistance in locating a permitted migratory bird rehabilitator, authorization to continue care, or a recommendation to euthanize the bird. (e) Migratory birds in possession under this authorization must be maintained in humane and healthful conditions as defined in §§ 21.6 and 22.6 of this subchapter B. (f) Licensed veterinarians must notify the appropriate Ecological Services Office within 24 hours of receiving a migratory bird that is also on the List of Endangered and Threatened Wildlife (50 CFR 17.11). See 50 CFR 2.2 for a list of Service regional offices. (g) Licensed veterinarians must keep records for 5 years of all migratory birds held and treated under this authorization, including those euthanized. Records must include the species of bird, the type of injury, the date of acquisition, disposition ( e.g., [89 FR 107041, Dec. 31, 2024] § 21.32 Authorization—mortality events. (a) Natural resource and public health employees performing official duties are authorized without a permit to collect, possess, transport, and dispose of migratory birds found sick, injured, or dead as part of a mortality event, which is an unforeseen event that results in an unexpectedly high number of sick or dead birds in a particular location over a short period of time from a cause that appears to be related. For example, multiple dead birds of taxonomically related species exhibiting similar clinical signs in a discrete geographic area over roughly the same time period with all of the birds exhibiting similar pathological behavior or clinical signs. Birds or their parts may be analyzed for suspected or confirmed cause of death. (b) Natural resource and public health employees include employees of: (1) Government natural resource agencies; (2) Government public health agencies; (3) Government agricultural agencies; and (4) Laboratories working on behalf of such agencies. (c) Sick or injured birds may be humanely euthanized or transported to a federally permitted rehabilitator or licensed veterinarian for care or euthanasia. If euthanized, specimens may be analyzed for cause of death. (d) This authorization does not include take and possession of uninjured or asymptomatic birds. Take of asymptomatic birds, such as for disease monitoring, requires a scientific collecting permit (§ 21.73). (e) This authorization does not apply to mortality events that do not readily appear to be disease-related. (f) Notify the Service Office of Law Enforcement (see 50 CFR 10.22 for contact information) if you suspect birds were illegally killed or injured. (g) If the mortality event involves eagles, you must immediately contact the National Eagle Repository. When possible, contact the Repository prior to salvage. Alternatively, you may turn in salvaged eagles to your Federal, Tribal, or State wildlife agency. (h) Additional Federal, Tribal, State, or Territorial permits may be required. This authorization does not grant land access. You are responsible for obtaining permission from landowners when necessary and for complying with other applicable laws. [89 FR 107041, Dec. 31, 2024] § 21.34 Authorization—natural resource agency employees. (a) Authorized activities. (1) Salvage. (2) Exhibition use. (3) Transport. (4) Relocate. (b) Volunteers and contractors. e.g., (c) Official capacity. (d) Records. [89 FR 107041, Dec. 31, 2024] § 21.40 Authorization—law enforcement personnel. (a) Without a permit and when performing official duties, law enforcement personnel authorized to enforce the provisions of the Migratory Bird Treaty Act (16 U.S.C. 706 and 708) or Bald and Golden Eagle Protection Act (16 U.S.C. 668b) may take, acquire, possess, transport, and dispose of migratory birds (including bald eagles and golden eagles), whether alive or dead, including their parts, nests, or eggs. (b) Law enforcement personnel may designate non-law-enforcement personnel to acquire, possess, transport, or dispose of migratory birds on the behalf of law enforcement under this authorization. This designation includes recording the name and contact information of the individual designated, dates valid, activities authorized, and name and contact information of the authorizing agent. [89 FR 107042, Dec. 31, 2024] § 21.42 Authorization of take incidental to military readiness activities. (a) Take authorization and monitoring. (2) When conservation measures implemented under paragraph (a)(1) of this section require monitoring, the Armed Forces must retain records of any monitoring data for five years from the date the Armed Forces commence their action. During Integrated Natural Resource Management Plan reviews, the Armed Forces will also report to the Service migratory bird conservation measures implemented and the effectiveness of the conservation measures in avoiding, minimizing, or mitigating take of migratory birds. (b) Suspension or Withdrawal of take authorization. (2) The Secretary may propose to withdraw, and may withdraw in accordance with the procedures provided in paragraph (b)(4) of this section the authorization for any take incidental to a specific military readiness activity if the Secretary determines that a proposed military readiness activity is likely to result in a significant adverse effect on the population of a migratory bird species and one or more of the following circumstances exists: (i) The Armed Forces have not implemented conservation measures that: (A) Are directly related to protecting the migratory bird species affected by the proposed military readiness activity; (B) Would significantly reduce take of the migratory bird species affected by the military readiness activity; (C) Are economically feasible; and (D) Do not limit the effectiveness of the military readiness activity; (ii) The Armed Forces fail to conduct mutually agreed upon monitoring to determine the effects of a military readiness activity on migratory bird species and/or the efficacy of the conservation measures implemented by the Armed Forces; or (iii) The Armed Forces have not provided reasonably available information that the Secretary has determined is necessary to evaluate whether withdrawal of take authorization for the specific military readiness activity is appropriate. (3) When the Secretary proposes to withdraw authorization with respect to a specific military readiness activity, the Secretary will first provide written notice to the Secretary of Defense. Any such notice will include the basis for the Secretary's determination that withdrawal is warranted in accordance with the criteria contained in paragraph (b)(2) of this section, and will identify any conservation measures or other measures that would, if implemented by the Armed Forces, permit the Secretary to cancel the proposed withdrawal of authorization. (4) Within 15 days of receipt of the notice specified in paragraph (b)(3) of this section, the Secretary of Defense may notify the Secretary in writing of the Armed Forces' objections, if any, to the proposed withdrawal, specifying the reasons therefore. The Secretary will give due consideration to any objections raised by the Armed Forces. If the Secretary continues to believe that withdrawal is appropriate, he or she will provide written notice to the Secretary of Defense of the rationale for withdrawal and response to any objections to the withdrawal. If objections to the withdrawal remain, the withdrawal will not become effective until the Secretary of Defense has had the opportunity to meet with the Secretary within 30 days of the original notice from the Secretary proposing withdrawal. A final determination regarding whether authorization will be withdrawn will occur within 45 days of the original notice. (5) Any authorized take incidental to a military readiness activity subject to a proposed withdrawal of authorization will continue to be authorized by this regulation until the Secretary makes a final determination on the withdrawal. (6) The Secretary may, at his or her discretion, cancel a suspension or withdrawal of authorization at any time. A suspension may be cancelled in the event new information is provided that the proposed activity would be compatible with the migratory bird treaties. A proposed withdrawal may be cancelled if the Armed Forces modify the proposed activity to alleviate significant adverse effects on the population of a migratory bird species or the circumstances in paragraphs (b)(2)(i) through (iii) of this section no longer exist. Cancellation of suspension or withdrawal of authorization becomes effective upon delivery of written notice from the Secretary to the Department of Defense. (7) The responsibilities of the Secretary under paragraph (b) of this section may be fulfilled by his/her delegatee who must be an official nominated by the President and confirmed by the Senate. [72 FR 8949, Feb. 28, 2007. Redesignated at 87 FR 881, Jan. 7, 2022] § 21.45 Permit exceptions for captive-reared mallard ducks. Captive-reared and properly marked mallard ducks ( Anas platyrhynchos (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, (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, (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, Provided further, (1) The hunting regulations (part 20 of this subchapter), with the exception of § 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, [40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981; 54 FR 36798, Sept. 5, 1989. Redesignated and amended at 87 FR 881, Jan. 7, 2022] § 21.47 [Reserved] § 21.48 Permit exceptions for captive-bred migratory waterfowl other than mallard ducks. You may acquire captive-bred and properly marked migratory waterfowl (family Anatidae) of all species other than mallard ducks ( Anas platyrhynchos Cairina moschata (a) You may acquire live waterfowl or their eggs only from a holder of a valid waterfowl sale and disposal permit in the United States. You also may lawfully acquire them outside of the United States with appropriate permits ( see (b) All progeny of captive-bred birds or eggs from captive-bred birds must be physically marked as set forth in § 21.45(b). (c) You may not transfer or dispose of captive-bred birds or their eggs, whether alive or dead, to any other person unless you have a waterfowl sale and disposal permit ( see (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 (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, you must leave the marked foot or wing attached to each carcass, unless the carcass was marked as provided in § 21.88(b)(6) and the foot or wing was removed prior to your acquisition of the carcass. (f) If you acquire captive-bred waterfowl or their eggs from a waterfowl sale and disposal permittee, you must retain the FWS Form 3-186, Notice of Transfer or Sale of Migratory Waterfowl, from the permittee for as long as you have the birds, eggs, or progeny of them. (g) You may not acquire or possess live muscovy ducks, their carcasses or parts, or their eggs, except to raise them to be sold as food, and except that you may possess any live muscovy duck that you lawfully acquired prior to March 31, 2010. If you possess muscovy ducks on that date, you may not propagate them or sell or transfer them to anyone for any purpose, except to be used as food. You may not release them to the wild, sell them to be hunted or released to the wild, or transfer them to anyone to be hunted or released to the wild. (h) Dealers in meat and game, hotels, restaurants, and boarding houses may serve or sell to their customers the carcass of any bird acquired from a holder of a valid waterfowl sale and disposal permit. [75 FR 9320, Mar. 1, 2010. Redesignated and amended at 87 FR 881, Jan. 7, 2022] Subpart C—Specific Permit Provisions § 21.63 Taxidermist permits. (a) Permit requirement. (b) Application procedures. (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 (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. (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 (family Anatidae) which they have 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. (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 Transfer or Sale of Migratory Waterfowl, 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 § 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. [39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998; 70 FR 18320, Apr. 11, 2005. Redesignated and amended at 87 FR 881, Jan. 7, 2022] § 21.67 Import and export permits. (a) Permit requirement. (1) 13 (General Permit Procedures); (2) 14 (Importation, Exportation, and Transportation of Wildlife); (3) 15 (Wild Bird Conservation Act); (4) 17 (Taking, Possession, Transportation, Sale, Purchase, Barter, Exportation, and Importation of Wildlife and Plants); (5) 20 (Migratory Bird Hunting); (6) 21 (Migratory Bird Permits); (7) 22 (Eagle Permits); and (8) 23 (Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)). (b) Exception to the import permit requirements. (c) General exceptions to the export permit requirements. (1) Export live, captive-bred migratory game birds (see § 20.11 of this part) to Canada or Mexico if they are marked by one of the following methods: (i) Removal of the hind toe from the right foot; (ii) Pinioning of a wing by removal of all or some of the metacarpal bones of one wing, which renders the bird permanently incapable of flight; (iii) Banding of one metatarsus with a seamless metal band; or (iv) A readily discernible tattoo of numbers and/or letters on the web of one foot. (2) Export live, lawfully-acquired, captive-bred raptors provided you hold a valid raptor propagation permit issued under § 21.85 and you obtain a CITES permit or certificate issued under part 23 to do so. You must have full documentation of the lawful origin of each raptor, and each must be identifiable with a seamless band issued by the Service, including any raptor with an implanted microchip for identification. (d) Falconry birds covered under a CITES “pet passport.” (1) You must meet applicable requirements in part 14 (Importation, Exportation, and Transportation of Wildlife) of this subchapter B. (2) You may need one or more additional permits to take a bird from the United States or to return home with it (see 50 CFR part 15 (Wild Bird Conservation Act), part 17 (Endangered and Threatened Wildlife and Plants), and part 23 (Convention on International Trade in Endangered Species of Wild Fauna and Flora)). (3) Each raptor must be covered by a CITES certificate of ownership issued under part 23 of this chapter. You must have full documentation of the lawful origin of each raptor (a copy of a propagation report with band number or a 3-186A report), and each must be identifiable with a seamless band or a permanent, nonreusable, numbered Fish and Wildlife Service leg band issued by the Service, including any raptor with an implanted microchip for identification. We may exempt a raptor from banding because of health concerns, but you must provide proof of the exemption from your falconry permitting authority. (4) You must bring any raptor that you export out of the country for falconry under a CITES “pet passport” back to the United States when you return. (5) If the raptor dies or is lost, you are not required to bring it back, but you must report the loss immediately upon your return to the United States in the manner required by the falconry regulations of your State, and according to any conditions on your CITES certificate. (e) Inspection of imported or exported migratory birds. (f) Applying for a migratory bird import or export permit. (g) Criteria we will consider before issuing a permit. (1) You are at least 18 years of age; (2) The bird was lawfully acquired; and (3) The purpose of the import or export is consistent with the conservation of the species; and (4) For an import permit, whether you are authorized to lawfully possess the migratory bird after it is imported. (h) Are there standard conditions for the permit? (i) Term of a migratory bird import and export permit. [73 FR 47097, Aug. 13, 2008, as amended at 73 FR 55451, Sept. 25, 2008. Redesignated and amended at 87 FR 881, Jan. 7, 2022] § 21.70 Banding or marking permits. (a) Permit requirement. (b) Application procedures. (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. (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 (Forms available upon request from the Bird Banding Laboratory, U.S. Geological Survey, 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. (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. [39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989. Redesignated and amended at 87 FR 881, Jan. 7, 2022; 89 FR 107042, Dec. 31, 2024] § 21.73 Scientific collecting permits. (a) Permit requirement. (b) Application procedures. (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. (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 § 21.95) 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. [39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998. Redesignated and amended at 87 FR 881, Jan. 7, 2022] § 21.76 Rehabilitation permits. (a) What is the permit requirement? (b) What are the general permit provisions? (i) Take from the wild or receive from another person sick, injured, or orphaned migratory birds and to possess them and provide rehabilitative care for them for up to 180 days; (ii) Transport such birds to a suitable habitat for release, to another permitted rehabilitator's facilities, or to a veterinarian; (iii) Transfer, release, or euthanize such birds; (iv) Transfer or otherwise dispose of dead specimens; and (v) Receive, stabilize, and transfer within 48 hours types of migratory bird species not authorized by your permit, in cases of emergency. If a rehabilitator authorized to care for the bird is not available within that timeframe, you must contact the issuing office for authorization to retain the bird until it can be transferred. (2) The permit does not authorize the use of migratory birds for educational purposes. (c) How do I apply for a migratory bird rehabilitation permit? (1) A completed application (Form 3-200-10b); (2) A copy of your State rehabilitation permit, license, or other authorization, if one is required in your State; and (3) A check or money order made payable to the “U.S. Fish and Wildlife Service” in the amount of the application fee for permits issued under this section listed in § 13.11 of this chapter. (d) What criteria will the Service consider before issuing a permit? (i) You must be at least 18 years of age with at least 100 hours of hands-on experience, gained over the course of at least 1 whole year, rehabilitating the types of migratory birds you intend to rehabilitate (e.g., waterbirds, raptors), or comparable experience. Up to 20 hours of the 100-hour time requirement may be fulfilled by participation in migratory bird rehabilitation seminars and courses. (ii) Your facilities must be adequate to properly care for the type(s) of migratory bird species you intend to rehabilitate, or you must have a working relationship with a person or organization with such facilities. (iii) You must have an agreement with a licensed veterinarian to provide medical care for the birds you intend to rehabilitate, unless you are a licensed veterinarian. (iv) You must have a State permit, license, or other authorization to rehabilitate migratory birds if such authorization required by your State. (2) In issuing a permit, the Regional Director may place restrictions on the types of migratory bird species you are authorized to rehabilitate, based on your experience and facilities as well as on the specific physical requirements and behavioral traits of particular species. (e) What are the standard conditions for this permit? (1) Facilities. 1 (i) Rehabilitation facilities for migratory birds must be secure and provide protection from predators, domestic animals, undue human disturbance, sun, wind, and inclement weather. (ii) Caging must be made of a material that will not entangle or cause injury to the type of birds that will be housed within. (iii) Enclosures must be kept clean, well-ventilated, and hygienic. (iv) Birds must not be overcrowded, and must be provided enough perches, if applicable. (v) Birds must be housed only with compatible migratory bird species. (vi) Birds may not be displayed to the public unless you use video equipment, barriers, or other methods to reduce noise and exposure to humans to levels the birds would normally encounter in their habitat. You may not use any equipment for this purpose that causes stress or harm, or impedes the rehabilitation of any bird. (2) Dietary requirements. (3) Subpermittees. (i) Your subpermittees must be at least 18 years of age and possess sufficient experience to tend the species in their care. (ii) Your subpermittees who are authorized to care for migratory birds at a site other than your facility must have facilities adequate to house the species in their care, based on the criteria of paragraph (e)(1) of this section. All such facilities except those of a falconer assisting in conditioning raptors for release must be approved by the issuing office. (iii) As the primary permittee, you are legally responsible for ensuring that your subpermittees, staff, and volunteers adhere to the terms of your permit when conducting migratory bird rehabilitation activities. (4) Disposition of birds under your care. (ii) After a bird is rehabilitated to a condition suitable for release to the wild, you must release it to suitable habitat as soon as seasonal conditions allow, except that you may transfer a rehabilitated wild raptor to a holder of a State, tribal, or territorial falconry permit if the permit holder is authorized to hold the species for use in falconry. The transfer may need the approval of your State, tribe, or territory. The falconer must complete a Form 3-186A reporting the transfer. (A) You may not retain migratory birds longer than 180 days without additional authorization from your Regional Migratory Bird Permit Office. If the appropriate season for release is outside the 180-day timeframe, you must seek authorization from your Fish and Wildlife Service Regional Migratory Bird Permit Office to possess the bird until the appropriate season. (B) Before releasing a threatened or endangered migratory bird, you must comply with any requirements for the release from your Fish and Wildlife Service Regional Migratory Bird Permit Office. (iii) You must euthanize any bird that cannot feed itself, perch upright, or ambulate without inflicting additional injuries to itself where medical and/or rehabilitative care will not reverse such conditions. You must euthanize any bird that is completely blind, and any bird that has sustained injuries that would require amputation of a leg, a foot, or a wing at the elbow or above (humero-ulnar joint) rather than performing such surgery, unless: (A) A licensed veterinarian submits a written recommendation that the bird should be kept alive, including an analysis of why the bird is not expected to experience the injuries and/or ailments that typically occur in birds with these injuries and a commitment (from the veterinarian) to provide medical care for the bird for the duration of its life, including complete examinations at least once a year; (B) A placement is available for the bird with a person or facility authorized to possess it, where it will receive the veterinary care described in paragraph (e)(4)(iii)(A) of this section; and (C) The issuing office specifically authorizes continued possession, medical treatment, and rehabilitative care of the bird. (iv) You must obtain authorization from your issuing Migratory Bird Permit Office before euthanizing endangered and threatened migratory bird species. In rare cases, the Service may designate a disposition other than euthanasia for those birds. If Service personnel are not available, you may euthanize endangered and threatened migratory birds without Service authorization when prompt euthanasia is warranted by humane consideration for the welfare of the bird. (v) You may place nonreleasable live birds that are suitable for use in educational programs, foster parenting, research projects, or other permitted activities with persons permitted or otherwise authorized to possess such birds, with prior approval from your issuing Migratory Bird Permit Office. (vi)(A) You may donate dead birds and parts thereof, except threatened and endangered species, bald eagles, and golden eagles, to persons authorized by permit to possess migratory bird specimens or exempted from permit requirements under the regulations in subpart B of this part. (B) You must obtain approval from your issuing office before disposing of or transferring any live or dead endangered or threatened migratory bird specimen, parts, or feathers. (C) You must send all dead bald and golden eagles, and their parts and feathers to: National Eagle Repository, Building 128, Rocky Mountain Arsenal, Commerce City, CO 80022. If your State requires you to notify State wildlife officers of a dead bald or golden eagle before sending the eagle to the Repository you must comply with State regulations. States may assume temporary possession of the carcasses for purposes of necropsy. (D) Unless specifically required to do otherwise by the Service, you must promptly destroy all other dead specimens by such means as are necessary to prevent any exposure of the specimens to animals in the wild. (vii) With authorization from your issuing Migratory Bird Permit Office, you may hold a nonreleasable bird longer than 180 days for the purpose of fostering juveniles during their rehabilitation. You may also use birds you possess under an educational permit to foster juveniles. (viii) You may possess a reasonable number of feathers for imping purposes, based on the numbers and species of birds for which you regularly provide care. (ix) You may draw blood and take other medical samples for purposes of the diagnosis and recovery of birds under your care, or for transfer to authorized facilities conducting research pertaining to a contagious disease or other public health hazard. (x) You may conduct necropsies on dead specimens in your possession, except that you must obtain approval from your Regional Migratory Bird Permit Office before conducting necropsies on threatened or endangered species. (xi) This permit does not confer ownership of any migratory bird. All birds held under this permit remain under the stewardship of the U.S. Fish and Wildlife Service. (5) Notification to the U.S. Fish and Wildlife Service. (ii) You must immediately notify the local U.S. Fish and Wildlife Service Law Enforcement Office if you have reason to believe a bird has been poisoned, electrocuted, shot, or otherwise subjected to criminal activity. Contact information for your local Service Law Enforcement office is listed on your permit, or you can obtain it on the Internet at http://offices.fws.gov. (iii) If the sickness, injury, or death of any bird is due or likely due to avian virus, or other contagious disease or public health hazard, you must notify and comply with the instructions given by the State or local authority that is responsible for tracking the suspected disease or hazard in your location, if that agency is currently collecting such information from the public. (6) You must maintain a working relationship with a licensed veterinarian. If your working relationship with your original cooperating veterinarian is dissolved, you must establish an agreement within 30 days with another licensed veterinarian to provide medical services to the birds in your care, and furnish a copy of this agreement to the issuing office. (7) Recordkeeping. (8) Annual report. (9) At the discretion of the Regional Director, we may stipulate on the face of your permit additional conditions compatible with the permit conditions set forth in this section, to place limits on numbers and/or types of birds you may possess under your permit, to stipulate authorized location(s) for your rehabilitation activities, or otherwise specify permitted activities, based on your experience and facilities. (f) How does this permit apply to oil and hazardous waste spills? (1) Permit provisions in oil or hazardous material spills. (ii) This permit does not authorize salvage of dead migratory birds. When dead migratory birds are discovered, a Service law enforcement officer must be notified immediately in order to coordinate the handling and collection of evidence. Contact information for your local Service Law Enforcement office is listed on your permit and on the Internet at http://offices.fws.gov. (iii) You must notify your issuing Migratory Bird Permit Office of any migratory birds in your possession within 24 hours of removing such birds from the area. (2) Conditions specific to oil and hazardous waste spills Facilities. Best Practices for Migratory Bird Care During Oil Spill Response. 2 2 (ii) Subpermittees. (g) Will I also need a permit from the State in which I live? (h) How long is a migratory bird rehabilitation permit valid? [68 FR 61137, Oct. 27, 2003, as amended at 73 FR 59477, Oct. 8, 2008; 75 FR 29918, May 28, 2010; 79 FR 43965, July 29, 2014. Redesignated and amended at 87 FR 881, Jan. 7, 2022; 89 FR 107042, Dec. 31, 2024] § 21.82 Falconry standards and falconry permitting. (a) Background The legal basis for regulating falconry. (i) This section covers all Falconiformes (vultures, kites, eagles, hawks, caracaras, and falcons) and all Strigiformes (owls) listed in § 10.13 of this subchapter (“native” raptors), and applies to any person who possesses one or more wild-caught, captive-bred, or hybrid raptors protected under the MBTA to use in falconry. (ii) The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d, 54 Stat. 250) provides for the taking of golden eagles ( Aquila chrysaetos (2) “ Possession” and short-term handling of a falconry raptor. (3) Regulatory year for governing falconry. (b) Federal approval of State, tribal, and territorial falconry programs General. (ii) State, tribal, or territorial laws may be more restrictive than these Federal standards but may not be less restrictive. For instance, a State, tribe, or territory may choose not to allow possession of some species of raptors otherwise allowed in this section. State, tribal, and territorial laws must be consistent with the terms contained in any convention between the United States and any foreign country for the protection of raptors and the Migratory Bird Treaty Act. (2) Reporting. https://epermits.fws.gov/falcp/ (ii) If you are required to submit a report or other information under this section, you must either enter the required information in the electronic database at https://epermits.fws.gov/falcp/ http://www.wildlife.ca.gov/FalconryReporting (3) Federal approval and terms. Federal Register (4) Review of a State, tribal, or territorial falconry program. (i) Inspecting falconers' facilities to ensure that the facilities standards in this section are met; (ii) Processing time of applications; (iii) Reviewing approved applications for completeness; (iv) Determining that permits issued are appropriate for the experience of the applicants; (v) Determining the adequacy of the State's, tribe's, or territory's recordkeeping for the needs of State, tribal, or territorial and Federal law enforcement; (vi) Reviewing laws to determine if they meet the requirements of this section; and (vii) Reviewing a revised falconry examination to determine if it meets the requirements of this section. (5) Suspension of a State's, tribe's, or territory's certification. (ii) When we propose to suspend approval of a State, tribal, or territorial falconry program, we will first provide written notice to the State, tribe, or territory. Any such notice will include the basis for our determination that suspension is warranted. We will identify the actions that would, if implemented by the State, tribe, or territory, allow us to cancel the proposed suspension of approval. (iii) The State, tribe, or territory will have 2 years from the date of our notification to correct the deficiencies. The State, tribe, or territory must respond in writing within that time to the proposed suspension, specifying the reasons why the certification should not be suspended. We will give due consideration to any objections and evidence raised by the State, tribe, or territory. (iv) If we continue to believe that suspension is warranted, we will provide written notice of suspension, including the rationale for suspension, and respond to any objections to the suspension. (A) The suspension of approval of the State's, tribe's, or territory's falconry program will be effective 180 days from the date of the Service's final notification of suspension. (B) The State, tribe, or territory must then inform all falconry applicants and permittees of the impending cancellation of permitting. (v) We will honor all falconry permits in that jurisdiction for 2 years from the date of our final notification of suspension of certification. At the end of the 2 years, you must transfer all raptors (including captive-bred raptors) held under permits from the State, tribal, or territorial falconry program to other falconry permittees in other States or territories, or to Federal raptor propagation or education permittees, institutions exempt from the Federal permit requirements, or permanently released to the wild (if it is allowed by the State, tribe, or territory and by this section), or euthanized. However, you may not permanently release hybrid raptors to the wild. (6) Appeal of a decision to suspend State, tribal, or territorial certification. (7) Recertification of compliance with this section if a State's, tribe's, or territory's falconry permitting authority has been suspended. (8) Authority to suspend or revoke a falconry permit issued by a State, tribe, or territory. (9) Standards in effect in your place of residence. (c) Practicing falconry Permits and inspections to practice falconry. (i) Some State, tribal, territorial, or local governments may require you to have additional permits or licenses to practice falconry or to take a raptor from the wild. (ii) You must comply with all regulations governing migratory bird permitting. (iii) If you reside for more than 120 consecutive days in a State or territory or on tribal lands other than the location of your primary residence, your falconry facilities in the second location must meet the standards in paragraph (d) of this section and of the corresponding State, tribal, or territorial lands, and your facilities must be listed on your falconry permit. (2) Classes of permit to practice falconry. (i) Requirements and possession options for an Apprentice Falconer. (A) You must be at least 12 years of age. (B) If you are under 18 years of age, a parent or legal guardian must sign your application and is legally responsible for your activities. (C) You must have a letter from a Master Falconer or a General Falconer with a valid State, tribal, or territorial falconry permit who is at least 18 years old and has at least 2 years experience at the General Falconer level, stating that he or she will assist you, as necessary, in: ( 1 ( 2 ( 3 (D) Regardless of the number of State, tribal, or territorial falconry permits you have, you may possess no more than one raptor for use in falconry. (E) You may take raptors less than 1 year old, except nestlings, from the wild during any period or periods specified by the State, tribe, or territory. You may take any raptor species from the wild except a federally listed threatened or endangered species or the following species: Bald eagle ( Haliaeetus leucocephalus Haliaeetus albicilla Haliaeetus pelagicus Aquila chrysaetos Elanoides forficatus Buteo swainsoni Falco peregrinus Psiloscops flammeolus Micrathene whitneyi Asio flammeus (F) You may possess a raptor of any Falconiform or Strigiform species, including wild, captive-bred, or hybrid individuals, except a federally listed threatened or endangered species, a bald eagle ( Haliaeetus leucocephalus Haliaeetus albicilla Haliaeetus pelagicus Aquila chrysaetos (G) You do not need to capture a wild raptor yourself; it can be transferred to you by another falconry permittee. (H) You may not possess a raptor taken from the wild as a nestling. (I) You may not possess a bird that is imprinted on humans. (J) Your raptor facilities must pass inspection by your State, tribe, or territory before you may be granted a permit. (ii) Requirements and possession options for a General Falconer. (A) You must be at least 16 years of age. (B) If you are 16 or 17 years of age, a parent or legal guardian must sign your application and must be legally responsible for your activities. (C) You must submit a document from a General Falconer or Master Falconer (preferably your sponsor) to your State, tribal, or territorial wildlife agency stating that you have practiced falconry with raptor(s) at the Apprentice Falconer level or equivalent for at least 2 years, including maintaining, training, flying, and hunting the raptor(s) for least 4 months in each year. That practice may include capture and release of falconry raptors. (D) You may not substitute any falconry school program or education to shorten the period of 2 years at the Apprentice level. (E) You may take and possess any species of Falconiform or Strigiform except a golden eagle, a bald eagle, a white-tailed eagle, or a Steller's sea-eagle. You may use captive-bred individuals and hybrids of the species you are allowed to possess. (F) Regardless of the number of State, tribal, or territorial falconry permits you have, you may possess no more than 3 raptors. (iii) Requirements and possession options for a Master Falconer. (A) You must have practiced falconry with your own raptor(s) at the General Falconer level for at least 5 years. (B) You may take and possess any species of Falconiform or Strigiform except a bald eagle. However, you may take and possess a golden eagle, a white-tailed eagle, or a Steller's sea eagle only if you meet the qualifications set forth under paragraph (c)(2)(iv). (C) You may possess any captive-bred individuals or hybrids of species your State, tribe, or territory allows you to possess for use in falconry. (D) Regardless of the number of State, tribal, or territorial falconry permits you have, you may possess no more than 5 wild raptors, including golden eagles. (E) You may possess any number of captive-bred raptors. However, you must train them in the pursuit of wild game and use them in hunting. (iv) If you meet the requirements in paragraph (c) of this section for falconry you may possess up to 3 eagles of the following species: golden eagle, white-tailed eagle, or Steller's sea eagle. (A) Your State, tribal, or territorial agency that regulates falconry must document the following before approving your request to possess an eagle to use in falconry: ( 1 ( 2 Accipiter gentilis Bubo virginianus (B) A golden eagle, white-tailed eagle, or Steller's sea-eagle you hold will count as one of the raptors you are allowed to possess for use in falconry. (3) Taking a test to qualify for a falconry permit. (4) Reinstatement of a lapsed falconry permit if your State, tribe, or territory allows it. (ii) If your permit has lapsed for 5 years or longer, you must correctly answer at least 80 percent of the questions on an examination administered by the State, tribe, or territory in which you wish to obtain a falconry permit. If you pass the exam, your permit may be reinstated at the level you previously held. Your facilities must pass State, tribal, or territorial inspection before you may possess a falconry bird. (5) Permit to practice falconry at an appropriate level if you have experience in falconry but are a new resident in the United States. (6) Banding or tagging raptors used in falconry. Parabuteo unicinctus Falco peregrinus Falco rusticolus (ii) A raptor bred in captivity must be banded with a seamless metal band ( see (iii) If the band must be removed or is lost from a raptor in your possession, you must report the loss of the band within 5 days, and you must then do at least one of the following: (A) Request a U.S. Fish and Wildlife Service nonreusable band from your State, tribal, or territorial agency that regulates falconry. You must submit the required information within 10 days of rebanding the raptor using one of the methods listed in paragraph (b)(2)(ii) of this section. (B) Purchase and implant an ISO-compliant (134.2 kHz) microchip in the bird and report the microchip information using one of the methods listed in paragraph (b)(2)(ii) of this section. (iv) You must not alter, deface, or counterfeit a band. You may remove the rear tab on a band on a raptor you take from the wild, and you may smooth any imperfect surface if you do not affect the integrity of the band or the numbering on it. (v) If you document health or injury problems for a raptor you possess that are caused by the band, the State, tribe, or territory may provide an exemption to the requirement for that raptor. In that case, you must keep a copy of the exemption paperwork with you when transporting or flying the raptor. If your bird is a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon, you must replace the band with an ISO-compliant microchip that we will supply to your State, tribe, or territory. We will not provide a microchip for a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon unless you have demonstrated that a band causes an injury or a health problem for the bird. (vi) You may not band a raptor removed from the wild with a seamless numbered band. (7) Carrying your permit(s) when conducting falconry activities. (8) Transporting a falconry raptor or raptors to other States or territories. (d) Facilities and care requirements Facilities you must have and maintain. (i) Whether they are indoors (a “mews”) or outdoors (a “weathering area”), your raptor facilities must protect raptors in them from the environment, predators, and domestic animals. You are responsible for the maintenance and security (protection from predators) of raptors you possess under your permit. (ii) You must have raptor housing facilities approved by your State, tribe, or territory before you may obtain a bird to use in falconry. Your State, tribe, or territory may require that you have both indoor and outdoor facilities. A representative of your agency that regulates falconry, or its designee, must certify that your facilities and equipment meet the following standards: (A) For housing raptors indoors or outdoors, the facility must protect raptors from predators and domestic animals. ( 1 ( 2 ( 3 ( 4 (B) An indoor facility must be large enough to allow easy access for the care and feeding of raptors kept there. ( 1 ( 2 ( 3 (C) You may keep a falconry raptor or raptors inside your place of residence if you provide a suitable perch or perches. If you house your raptor(s) inside your home, you do not need to modify windows or other openings of the structure. Raptors kept in your home must be tethered when they are not being moved into or out of the location in which they are kept. (D) An outdoor facility must be totally enclosed, and may be made of heavy-gauge wire, heavy-duty plastic mesh, slats, pipe, wood, or other suitable material. ( 1 ( 2 ( 3 (iii) You may keep falconry raptors outside in the open if they are under watch, such as by you or a family member at any location or, for example, by a designated individual in a weathering yard at a falconry meet. (iv) You must inform your State, tribal, or territorial agency within 5 business days if you change the location of your facilities. (2) Falconry facilities on property you do not own (ii) You must submit to your State, tribal, or territorial agency that regulates falconry a signed and dated statement showing that you agree that the falconry facilities and raptors may be inspected without advance notice by State, tribal (if applicable), or territorial authorities at any reasonable time of day, but you must be present. If your facilities are not on property that you own, you must submit a signed and dated statement showing that the property owner agrees that the falconry facilities and raptors may be inspected by State, tribal (if applicable), or territorial authorities at any reasonable time of day in the presence of the property owner; except that the authorities may not enter the facilities or disturb the raptors unless you are present. (3) Equipment you must have and maintain. (4) Facilities you must have for a raptor when you are transporting it, using it for hunting, or are away from your home with it. (5) Temporarily housing a raptor outside of your permanent facilities when you are not transporting it or using it for hunting. (6) Care of falconry raptors by another falconry permittee. (i) Your raptor(s) will remain on your falconry permit, and will not be counted against the possession limit of the person caring for your raptors. (ii) If the person caring for your raptor(s) holds the appropriate level falconry permit, he or she may fly your raptor(s) in whatever way you authorize, including hunting. (iii) This care of your raptors may be extended indefinitely in extenuating circumstances, such as illness, military service, or for a family emergency. The State, tribe, or territory may consider such instances on a case-by-case basis. (7) Care of falconry raptors by someone who does not have a falconry permit. (i) The raptor(s) will remain on your falconry permit. (ii) The raptors must remain in your facilities. (iii) This care may be extended indefinitely in extenuating circumstances, such as illness, military service, or for a family emergency. (iv) The person(s) caring for your raptors may not fly them for any reason. (8) Residence part of the year in another jurisdiction. (ii) If you live for more than 120 consecutive days in a State or territory or on tribal lands other than where you maintain your primary residence, your falconry facilities in the second State must meet the standards in this section. (9) Inspections. (e) Taking, possessing, and transporting raptors for falconry Raptor species you may take from the wild to use for falconry. (ii) On some tribal lands and in some States there may be State, tribal, or Federal restrictions on the take or use of these species, and you may need a tribal or State permit or permits to capture a bird. (iii) State, tribal, or territorial regulations on take may be more restrictive than those in this section. (iv) Take of any species must be in compliance with these regulations. (v) If you are a Master Falconer and your State, tribe, or territory allows you to possess golden eagles, in any year you may take up to two golden eagles from the wild and only in a livestock depredation area during the time the depredation area and associated depredation permit or depredation control order are in effect. A livestock depredation area is declared by USDA Wildlife Services and permitted under § 22.100, or upon the request of a State governor and authorized by the Service Director pursuant to §§ 22.120 and 22.122. (2) How and when you may take raptors from the wild to use in falconry. (i) If you transfer a bird you take from the wild to another permittee in the same year in which you capture it, the bird will count as one of the raptors you are allowed to take from the wild that year; it will not count as a capture by the recipient, though it will always be considered a wild bird. (ii) If you are a General or Master Falconer, you may remove nestlings from a nest or aerie in accordance with tribal (if applicable), State, territorial, and Federal restrictions. (iii) You may not take raptors at any time or in any manner that violates any law of the State, tribe, or territory on whose land you are trapping. (iv) If you are responsible for reporting take of a raptor from the wild, use one of the methods listed in paragraph (b)(2)(ii) of this section. You must do this at your first opportunity to do so, but no later than 10 days after the capture of the bird. (v) If you are present at the capture site, even if another person captures the bird for you, you are considered the person who removes the bird from the wild. You are responsible for filing a 3-186A form reporting take of the bird from the wild. This would occur, for example, if another person climbs a tree or rappells down a cliff and takes a nestling for you and gives it to you at the tree or cliff. (vi) If you are not at the immediate location where the bird is taken from the wild, the person who removes the bird from the wild must be a General or Master Falconer, and must report take of the bird. If that person then transfers the bird to you, you must both file 3-186A forms reporting the transaction at your first opportunity to do so, but no later than 10 days after the transfer. The bird will count as one of the two raptors the person who took it from the wild is allowed to capture in any year. The bird will not count as a bird you took from the wild. The person who takes the bird from the wild must report the take even if he or she promptly transfers the bird to you. (vii) If you have a long-term or permanent physical impairment that prevents you from attending the capture of a species you can use for falconry, a General or Master Falconer may capture a bird for you. You are then responsible for filing a 3-186A form reporting take of the bird from the wild, and the bird will count against the take of wild raptors that you are allowed in any year. (viii) You must promptly release any bird you capture unintentionally. (3) Other restrictions on taking raptors from the wild for falconry. (ii) If you are a Master Falconer authorized to possess golden eagles for use in falconry, you may capture a golden eagle in a livestock or wildlife depredation area during the time the depredation area and associated depredation permit or depredation control order are in effect. (A) You may capture an immature or subadult golden eagle. (B) You may take a nestling from its nest in a livestock depredation area if a biologist representing the agency responsible for declaring the depredation area has determined that the adult eagle is preying on livestock or wildlife. (C) You may take a nesting adult golden eagle only if a biologist representing the agency responsible for declaring the depredation area has determined that the adult eagle is preying on livestock or wildlife and that any nestling of the adult will be taken by a falconer authorized to possess it or by the biologist and transferred to an individual authorized to possess it. (D) You must determine the locations of the livestock or wildlife depredation areas declared by USDA Wildlife Services, or published in the Federal Register (E) Before you begin any trapping activities, you must inform our regional Law Enforcement office of your capture plans. You must notify the office in person, in writing, or via facsimile or email at least 3 business days before you start trapping. You may send an email with your trapping plans to lawenforcement@fws.gov, Region Law enforcement office telephone number Law enforcement office fax number 1 503-231-6125 503-231-2193 2 505-248-7889 505-248-7899 3 612-713-5320 612-713-5283 4 404-679-7057 404-679-7065 5 413-253-8274 413-253-8459 6 303-236-7540 303-236-7901 7 907-786-3311 907-786-3313 8 916-414-6660 916-414-6715 (F) You also must meet all requirements of the State or territory in which you plan to trap, or the tribe on whose lands you plan to trap. (G) You must have permission from the landowner to capture an eagle; or if you wish to capture one on public land, the responsible agency must allow it. (iii) You may recapture a falconry bird you have lost at any time. We do not consider recapture of a wild bird to be taking a bird from the wild. (iv) You may recapture a raptor wearing falconry equipment or a captive-bred bird at any time - even if you are not allowed to possess the species. The bird will not count against your possession limit, nor will its take from the wild count against your limit. You must report your recapture of the bird to your State, tribal, or territorial agency that regulates falconry no more than 5 working days after the recapture. You must return a recaptured falconry bird to the person who lost it, if that person may legally possess it. Disposition of a bird whose legal possession cannot be determined will be at the discretion of the State, tribe, or territory. (v) You may take any raptor that you are authorized to possess from the wild if the bird is banded with a Federal Bird Banding Laboratory aluminum band, except that you may not take a banded peregrine falcon from the wild. (A) If a raptor (including a peregrine falcon) you capture is marked with a seamless metal band, a transmitter, or any other item identifying it as a falconry bird, you must report your capture of the bird to your State, tribal, or territorial agency that regulates falconry no more than 5 working days after the capture. You must return a recaptured falconry bird to the person who lost it. If that person cannot possess the bird or does not wish to possess it, you may keep it. Otherwise, disposition of a bird whose legal possession cannot be determined will be at the discretion of the State, tribe, or territory. While you keep a bird for return to the person who lost it, the bird will not count against your possession limit or your limit on take of raptors from the wild if you have reported possessing the bird to your State, tribal, or territorial falconry permit office. (B) If you capture a peregrine falcon that has a research band (such as a colored band with alphanumeric codes) or a research marking attached to it, you must immediately release the bird, except that if the falcon has a transmitter attached to it, you are authorized to possess the bird up to 30 days if you wish to contact the researcher to determine if he or she wishes to replace the transmitter or its batteries. If the researcher wishes to do so, or to have the transmitter removed, the researcher or his or her designee can make the change or allow you to do so before you release the bird. If the researcher does not wish to keep the transmitter on the falcon, you may keep the bird if you captured it in circumstances in which capture of wild peregrines is allowed. (C) If a raptor you capture has any other band, research marking, or transmitter attached to it, you must promptly report the band numbers and all other relevant information to the Federal Bird Banding Laboratory at 1-800-327-2263. ( 1 ( 2 (vi) You must leave at least one young from any nest or aerie from which you take a nestling. (vii) If you are an Apprentice Falconer, you may not take a nestling from the wild. (viii) If you are a Master Falconer with a permit to do so, you may take, transport, or possess up to three eagles, including golden eagles, white-tailed eagles, or Steller's sea-eagles, subject to the requirements in paragraph (c)(2)(iv) of this section and § 22.70 of this part. A golden eagle, white-tailed eagle, or Steller's sea-eagle you possess counts as a bird to be included under your possession limit. (ix) If you are a General or Master Falconer, you may take no more than one bird of a threatened species from the wild each year if the regulations in part 17 of this subchapter allow it and if you obtain a Federal endangered species permit to do so before you take the bird. You also may need a State, tribal, or territorial endangered species permit to take a listed species. (4) Take of a species or subspecies that was recently removed from the Federal List of Endangered and Threatened Wildlife to use in falconry. (5) Raptors injured due to falconer trapping efforts. (i) You may put the bird on your falconry permit. You must report take of the bird using one of the methods listed in paragraph (b)(2)(ii) of this section at your first opportunity to do so, but no more than 10 days after capture of the bird. You must then have the bird treated by a veterinarian or a permitted wildlife rehabilitator. The bird will count against your possession limit. (ii) You may give the bird directly to a veterinarian, or a permitted wildlife rehabilitator, or an appropriate wildlife agency employee. If you do so, it will not count against your allowed take or the number of raptors you may possess. (6) Acquisition, transfer, loss, or rebanding of a raptor. (ii) If a raptor you possess is stolen, you must report the theft to your State, tribal, or territorial agency that regulates falconry and to your Fish and Wildlife Service Regional Law Enforcement office (see paragraph (e)(3)(ii)(E) of this section) within 10 days of the theft of the bird. (iii) You must keep copies of all electronic database submissions documenting take, transfer, loss, rebanding or microchipping of each falconry raptor until 5 years after you have transferred or lost the bird, or it has died. (7) Acquiring a bird for falconry from a permitted rehabilitator. (i) If you acquire a bird from a rehabilitator, within 10 days of the transaction you must report it using one of the methods listed in paragraph (b)(2)(ii) of this section. (ii) If you acquire a bird from a rehabilitator, it will count as one of the raptors you are allowed to take from the wild that year. (8) Flying a hybrid raptor in falconry. (9) Releasing a falconry bird to the wild. (i) If the raptor you wish to release is not native to the State or territory, or is a hybrid of any kind, you may not permanently release the bird to the wild. You may transfer it to another falconry permittee. (ii) If the species you wish to release is native to the State or territory and is captive-bred, you may not release the bird to the wild unless you have permission from the State, tribe, or territory to release the bird. If you are permitted to do so, you must hack the bird (allow it to adjust) to the wild at an appropriate time of year and an appropriate location. You must remove its falconry band (if it has one) and report release of the bird by submitting the required information using one of the methods listed in paragraph (b)(2)(ii) of this section. (iii) If the species you wish to release is native to the State and was taken from the wild, you may release the bird only at an appropriate time of year and an appropriate location. You must remove its falconry band and report release of the bird by submitting the required information using one of the methods listed in paragraph (b)(2)(ii) of this section. (10) Restrictions on transfers of falconry raptors from other falconers. (f) Additional information on the practice of falconry Raptors removed from the wild for falconry are always considered “wild” raptors. (2) “Hacking” of falconry raptors. (i) You may need permission from your State, tribal, or territorial wildlife agency to hack a bird you possess for falconry. Check with your State, tribal, or territorial agency that regulates falconry to determine if hacking is allowed. (ii) Any bird you are hacking counts against your possession limit and must be a species you are authorized to possess. (iii) Any hybrid you hack must have two attached functioning radio transmitters during hacking. (iv) You may not hack a falconry bird near a nesting area of a Federally threatened or endangered bird species or in any other location where the raptor is likely to harm a Federally listed threatened or endangered animal species that might be disturbed or taken by your falconry bird. You should contact your State or territorial wildlife agency before hacking a falconry bird to ensure that this does not occur. You can contact the State Fish and Wildlife Service office in your State or territory for information on Federally-listed species. (3) Use of other falconry training or conditioning techniques. (4) Selling or trading raptors under a falconry permit. (ii) You may not purchase, sell, trade, or barter wild raptors. You may only transfer them. (5) Transfer of wild-caught raptors captured for falconry to another type of permit. (i) If your State, tribe, or territory allows you to do so, you may transfer a wild-caught falconry bird to a raptor propagation permit after the bird has been used in falconry for at least 2 years (1 year for a sharp-shinned hawk, a Cooper's hawk, a merlin, or an American kestrel). When you transfer the bird, you must provide a copy of the 3-186A form documenting acquisition of the bird by the propagator to the Federal migratory bird permit office that administers the propagation permit. (ii) You may transfer a wild-caught bird to another permit type in less than 2 years (1 year for a sharp-shinned hawk, a Cooper's hawk, a merlin, or an American kestrel) if the bird has been injured and a veterinarian or permitted wildlife rehabilitator has determined that the bird can no longer be flown for falconry. (A) Within 10 days of transferring the bird, you must provide a copy of the 3-186A form documenting acquisition of the bird to the Federal migratory bird permit office that administers the other permit type. (B) When you transfer the bird, you must provide a copy of the certification from the veterinarian or rehabilitator that the bird is not useable in falconry to the Federal migratory bird permits office that administers the other permit type. (6) Transfer of captive-bred falconry raptors to another type of permit. (7) Use of raptors held under a falconry permit in captive propagation. (8) Use of falconry raptors in conservation education programs. (i) You do not need a Federal education permit to conduct conservation education activities using a falconry raptor held under a State, tribal, or territorial falconry permit. (ii) You may present conservation programs as an Apprentice Falconer if you are under the supervision of a General or Master Falconer when you do so. (iii) You must use the bird primarily for falconry. (iv) You may charge a fee for presentation of a conservation education program. The fee may not exceed the amount required to recoup your costs. (v) In conservation education programs, you must provide information about the biology, ecological roles, and conservation needs of raptors and other migratory birds, although not all of these topics must be addressed in every presentation. You may not give presentations that do not address falconry and conservation education. (vi) You are responsible for all liability associated with conservation education activities you undertake ( see (9) Other educational uses of falconry raptors. (i) You may not use falconry raptors to make movies, commercials, or in other commercial ventures that are not related to falconry. (ii) You may not use falconry raptors for commercial entertainment; for advertisements; as a representation of any business, company, corporation, or other organization; or for promotion or endorsement of any products, merchandise, goods, services, meetings, or fairs, with the following exceptions: (A) You may use a falconry raptor to promote or endorse a nonprofit falconry organization or association. (B) You may use a falconry raptor to promote or endorse products or endeavors related to falconry, including, but not limited to items such as hoods, telemetry equipment, giant hoods, perches, materials for raptor facilities, falconry training and education materials, and scientific research and publication. (10) Assisting in rehabilitation of raptors to prepare them for release. (i) The rehabilitator must provide you with a letter or form that identifies the bird and explains that you are assisting in its rehabilitation. (ii) You do not need to meet the rehabilitator facility standards. You need only meet the facility standards in this section; your facilities are not subject to inspection for compliance with the standards in § 21.76. (iii) You do not have to add any raptor you possess for this purpose to your falconry permit; it will remain under the permit of the rehabilitator. (iv) You must return any such bird that cannot be permanently released to the wild to the rehabilitator for placement within the 180-day timeframe in which the rehabilitator is authorized to possess the bird, unless the issuing office authorizes you to retain the bird for longer than 180 days. (v) Upon coordination with the rehabilitator, you must release all releaseable raptors to the wild or return them to the rehabilitator for release within the 180-day timeframe in which the rehabilitator is authorized to possess the birds, unless the issuing office authorizes you to retain and condition a bird for longer than 180 days, or unless the rehabilitator transfers the bird to you to hold under your falconry permit. (11) Using a falconry bird in abatement activities. (ii) You may receive payment for providing abatement services if you have a Special Purpose Abatement permit. (12) Feathers that a falconry bird or birds molts. (ii) You may donate feathers from a falconry bird, except golden eagle feathers, to any person or entity with a valid permit to possess them, or to anyone exempt from the permit requirement under the regulations in subpart B of this part. (iii) Except for primary or secondary flight feathers or retrices from a golden eagle, you are not required to gather feathers that are molted or otherwise lost by a falconry bird. You may leave the feathers where they fall, store them for imping, or destroy them. However, you must collect molted flight feathers and retrices from a golden eagle. If you choose not to keep them for imping, you must send them to the National Eagle Repository. (iv) We request that you send all feathers (including body feathers) that you collect from any falconry golden eagle and that you do not need for imping, to the National Eagle Repository at the following address: U.S. Fish and Wildlife Service, National Eagle Repository, Rocky Mountain Arsenal, Building 128, Commerce City, Colorado 80022. The telephone number at the Repository is 303-287-2110. (v) If your permit expires or is revoked, you must donate the feathers of any species of falconry raptor except a golden eagle to any person or any entity exempt from the permit requirement under the regulations in subpart B of this part or authorized by permit to acquire and possess the feathers. If you do not donate the feathers, you must burn, bury, or otherwise destroy them. (13) Disposition of carcasses of falconry birds that die. (ii) You may donate the body or feathers of any other species of falconry raptor to any person or entity exempt from the permit requirement under the regulations in subpart B of this part or authorized by permit to acquire and possess such parts or feathers. (iii) If the bird was banded or microchipped prior to its death, you may keep the body of any falconry raptor except that of a golden eagle. You may keep the body so that the feathers are available for imping, or you may have the body mounted by a taxidermist. You may use the mount in giving conservation education programs. If the bird was banded, you must leave the band on the body. If the bird has an implanted microchip, you must leave the microchip in place. (iv) If you do not wish to donate the bird body or feathers or keep it yourself, you must burn, bury, or otherwise destroy it or them within 10 days of the death of the bird or after final examination by a veterinarian to determine cause of death. Carcasses of euthanized raptors could pose a risk of secondary poisoning of eagles and other scavengers. You must take appropriate precautions to avoid such poisonings. (v) If you do not donate the bird body or feathers or have the body mounted by a taxidermist, you may possess the flight feathers for as long as you have a valid falconry permit. However, you may not buy, sell, or barter the feathers. You must keep the paperwork documenting your acquisition of the bird. (14) Visitors practicing falconry in the United States. (A) The permit may be valid for any period specified by the State, tribe, or territory. (B) To demonstrate knowledge of U.S. falconry laws and regulations, the visitor must correctly answer at least 80 percent of the questions on the supervised examination for falconers administered by the tribe, State, or territory from which he or she wishes to obtain a temporary falconry permit. If the visitor passes the test, the tribe, State, or territory will decide for what level of temporary permit the person is qualified. The decision should be based on the individual's documentation of his or her experience. (C) If you hold a temporary falconry permit, you may possess raptors for falconry if you have approved falconry facilities. (D) A holder of a temporary falconry permit may fly raptors held for falconry by a permitted falconer. (E) A holder of a temporary falconry permit may not take a bird from the wild to use in falconry. (ii) For the duration of a permit from a State, tribe, or territory, a visitor may use any bird for falconry that he or she possess legally in his or her country of residence for that purpose, provided that import of that species to the United States is not prohibited, and provided that he or she has met all permitting requirements of his or her country of residence. (A) A visitor must comply with the provisions in this section, those of the State, tribe or territory where he or she wishes to conduct falconry, and all States through which he or she will travel with the bird. (B) The visitor may transport registered raptors. He or she may need one or more additional permits to bring a raptor into the United States or to return home with it ( see (C) Unless the visitor has the necessary permit(s) to bring a raptor into the United States and leave it here, he or she must take raptors brought into the country for falconry out of the country when he or she leaves. If a raptor brought into the United States dies or is lost while in this country, the visitor must document the loss before leaving the United States by reporting the loss to the State, tribal, or territorial agency that governs falconry where the bird was lost. (D) When flown free, any bird brought to this country temporarily must have two attached radio transmitters that will allow the falconer to locate it. (E) There also may be tribal or State restrictions on nonresidents practicing falconry or importing a raptor or raptors held for falconry. (15) Taking falconry raptors to another country to use in falconry activities. (i) You must meet any requirements in 50 CFR 14 subpart B. (ii) You may need one or more additional permits to take a bird from the United States or to return home with it ( see (iii) Unless you have the necessary permit(s) to permanently export a raptor from the United States, you must bring any raptor you take out of the country for falconry back to the United States when you return. Each raptor must be covered by a CITES certificate of ownership issued under part 23 of this chapter. You must have full documentation of the lawful origin of each raptor (a copy of a propagation report with band number or a 3-186A report), and each must be identifiable with a seamless band or a permanent, nonreusable, numbered Fish and Wildlife Service leg band issued by the Service or an implanted microchip for identification. (iv) If the raptor dies or is lost, you are not required to bring it back but must report the loss immediately upon your return to the United States in the manner required by the falconry regulations of your State, and any conditions on your CITES certificate. (16) Permission to capture, fly, or release a falconry bird at any location. (17) Practicing falconry in the vicinity of a Federally listed threatened or endangered animal species. (18) Trapping a bird for use in falconry in areas used by the northern aplomado falcon. Falco femoralis septentrionalis If you trap in You may trap a bird for falconry in the following counties if you comply with the conditions below. (i) Arizona, Cochise, Graham, Pima, Pinal, or Santa Cruz. (ii) New Mexico, Doa Ana, Eddy, Grant, Hidalgo, Lea, Luna, Otero, Sierra, or Socorro. (iii) Texas, Aransas, Brewster, Brooks, Calhoun, Cameron, Culberson, Duval, Ector, El Paso, Hidalgo, Hudspeth, Jackson, Jeff Davis, Kenedy, Kinney, Kleberg, Matagorda, Maverick, Midland, Nueces, Pecos, Presidio, Reeves, Refugio, San Patricio, Starr, Terrell, Val Verde, Victoria, Webb, Willacy, or Zapata. (iv) If you are an Apprentice Falconer, you must be accompanied by a General or Master Falconer when trapping in one of these counties. (v) You may not begin trapping if you observe a northern aplomado falcon in the vicinity of your intended trapping effort. (vi) You must suspend trapping if a northern aplomado falcon arrives in the vicinity of your trapping effort. (19) Prey item killed by a falconry bird without your intent, including an animal taken outside of a regular hunting season. (ii) You must report take of any federally listed threatened or endangered species to our Ecological Services Field Office for the location in which the take occurred. (20) Take of bird species for which a depredation order is in place. (21) Transfer of falconry raptors if a permittee dies. (g) Applying for a falconry permit. (1) The completed application form from your State, tribal, or territorial agency that regulates falconry permits. (2) Proof that you have passed the falconry test administered by the State, tribe, or territory where you maintain your legal residence, or proof that you have previously held a falconry permit at the level you seek. (3) For an Apprentice permit, you must provide the following: (i) A letter from a General or Master Falconer stating that he or she has agreed to assist you in learning about the husbandry and training of raptors held for falconry and about relevant wildlife laws and regulations, and in deciding what species of raptor is appropriate for you to possess while an Apprentice. (ii) An original, signed certification that you are particularly familiar with § 10.13 of this subchapter, the list of migratory bird species to which the Migratory Bird Treaty Act applies; part 13 of this subchapter, general permit regulations; part 21 of this subchapter, migratory bird permits; and part 22 of this subchapter, eagle permits. The certification can be incorporated into tribal and State application forms, and must be worded as follows: I certify that I have read and am familiar with the regulations in title 50, part 13, of the Code of Federal Regulations and the other applicable parts in subchapter B of chapter I of title 50, and that the information I have submitted is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to the criminal penalties of 18 U.S.C. 1001. (4) For an Apprentice or General Falconry permit, a parent or legal guardian must co-sign your application if you are under 18. (5) For a General Falconer permit: (i) Information documenting your experience maintaining falconry raptors, including a summary of what species you held as an Apprentice Falconer and how long you possessed each bird, and (ii) A letter from a General Falconer or Master Falconer (preferably your sponsor) attesting that you have practiced falconry with raptor(s) at the Apprentice Falconer level for at least 2 years, including maintaining, training, flying, and hunting the raptor(s) for at least 4 months in each year. (6) For a Master Falconer permit, you must attest that you have practiced falconry at the General Falconer level for at least 5 years. (h) Updating a falconry permit after a move. (i) Restoration of revoked permits. (j) Information collection requirements. (k) Database required of States, tribes, and territories. (1) The State, tribal, or territorial database must be compatible with the database that we maintain. The State, tribal, or territorial database must contain the following information: (i) The current address of each person with a falconry permit. (ii) The classification of each person with a falconry permit - Apprentice Falconer, General Falconer, or Master Falconer. (iii) The address of the falconry facilities of each person with a falconry permit. (iv) The Federal falconry identifier number assigned via the 3-186A system to each person with a falconry permit. (v) Whether each permittee is authorized to possess eagles. (vi) Information on the status of each person's permit: whether it is active, suspended, or revoked. (2) Information on each permit granted, including changes in status from Apprentice Falconer to General Falconer or General Falconer to Master Falconer, and moves of falconers or their facilities must be entered into the State's, tribe's, or territory's database within 30 days of the granting of the permit or a falconer's change in status. New additions to the State, tribal, or territorial database must be forwarded to us monthly. [73 FR 59465, Oct. 8, 2008, as amended at 74 FR 64640, Dec. 8, 2009; 75 FR 931, Jan. 7, 2010; 75 FR 3395, Jan. 21, 2010; 75 FR 81141, Dec. 27, 2010; 76 FR 71912, Nov. 21, 2011; 77 FR 66408, Nov. 5, 2012; 78 FR 35152, June 12, 2013; 78 FR 72832, Dec. 4, 2013; 80 FR 38015, July 2, 2015. Redesignated and amended at 87 FR 881, Jan. 7, 2022; 89 FR 107042, Dec. 31, 2024] 21.85 Raptor propagation permitting. (a) Legal basis for regulating raptor propagation. et seq. (i) This section covers all “native” raptors (accipitriformes, falconiformes, and strigiformes listed in § 10.13 of this chapter), and applies to any person who possesses one or more wild-caught, captive-bred, or hybrid raptors protected under the MBTA to use in raptor propagation, except that neither bald eagles ( Haliaeetus leucocephalus Aquila chrysaetos (ii) You must have a Federal raptor propagation permit before you may capture from the wild, possess, transport, import, purchase, barter, or offer to sell, purchase, or barter any raptor, raptor egg, or raptor semen for propagation purposes. Your State may require that you also have a State permit. (2) Other regulations, such as those for the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Wild Bird Conservation Act, and State regulations, may affect propagation-related activities. In cases in which more than one set of regulations affect raptor propagation, the most restrictive requirements affecting the activity will apply. (b) Species available for raptor propagation. (1) You may not propagate bald eagles ( Haliaeetus leucocephalus Aquila chrysaetos (2) If you are authorized by your Regional Migratory Bird Permit office to do so, you may possess and attempt to propagate threatened or endangered raptor species. See paragraphs (f) and (u) of this section. (c) Facilities used for raptor propagation. (1) You must maintain any tethered raptor you possess under this permit in accordance with the facilities and standards requirements in § 21.82, unless you obtain a written exception to this requirement from your Regional Migratory Bird Permit Office. (2) For untethered raptors, your breeding facilities must be soundly constructed and entirely enclosed with wood, wire netting, or other suitable material that provides a safe, healthy environment. (i) Your facilities must minimize the risk of injury by providing protection from predators, pets, and extreme weather conditions. (ii) Your facilities must minimize the risk of raptor injuries due to collision with interior or perimeter construction materials and equipment, such as support poles, windows, wire netting, perches, or lights. (iii) Your facilities must have suitable perches and nesting sites, fresh air ventilation, a source of light, a well-drained floor, and ready access for cleaning. Each bird must have access to a pan of clean water unless weather conditions, the perch type used, or some other factor makes access to a water pan unsafe for the raptor. (iv) You do not need to house your propagation raptors separately from other raptors you hold. However, you must keep raptors that you are not authorized to propagate separated from those you use in propagation. (d) Inspection. (e) Banding of raptors used for propagation. Certain species. Accipiter gentilis Parabuteo unicinctus Falco peregrinus Falco rusticolus (i) You must use a nonreusable band that we provide. (ii) You may purchase and implant an ISO (International Organization for Standardization)-compliant 134.2 kHz microchip in the raptor in addition to banding it. (iii) You must report the information on the raptor (including information identifying the microchip, if you implant one, and where it is located) at https://epermits.fws.gov/falcp/ (2) Banding nestlings. (i) You must use a numbered, seamless band that we will provide. (ii) You must use a band with an inside diameter that is small enough to prevent loss or removal of the band when the raptor is grown without causing serious injury to the raptor or damaging the band's integrity or one-piece construction. (iii) You may band a nestling with more than one band of different sizes if you cannot determine the proper size when you band the nestling. You must then remove and destroy all but the correctly sized band before the nestling is 5 weeks old. (iv) You may submit a letter requesting an exemption from the banding requirement for any nestling or fledgling for which the band causes a problem. If you demonstrate that the band itself or the behavior of the raptor in response to the band poses a hazard to the raptor, we may exempt that raptor from the banding requirement. You must destroy the band after you remove it. (3) You may purchase and implant an ISO-compliant 134.2 kHz microchip in the raptor in addition to a band. You must report information to identify the microchip and where on the raptor the chip is implanted when you report your acquisition of the raptor. (4) If a captive-bred raptor is not banded with a seamless band, or if you must remove the seamless band from a captive-bred raptor, you must band the bird with a nonreusable band that we provide. (f) Taking and transferring raptors or raptor eggs from the wild to use in propagation. (1) The State must authorize you to take the raptor(s) or egg(s) from the wild. (2) You must comply with all State laws in taking raptor(s) or egg(s) from the wild. (3) You may take a raptor listed in § 17.11(h) of this chapter as “endangered” or “threatened” from the wild only if you have a permit under part 17 of this chapter (See paragraph (u) of this section.). (4) You may transfer a raptor taken from the wild for propagation to any other person authorized to possess it, except that you must comply with the prohibitions in § 21.82 on a transfer to a falconer. (g) Transfer, purchase, sale, or barter of captive-bred raptors, eggs, or semen. (2) You may transfer, sell, or barter a lawfully possessed raptor egg or raptor semen produced by a raptor held under your captive propagation permit (including a raptor taken from the wild) to another raptor propagation permittee. (3) You may not purchase, sell, or barter any raptor eggs or any raptors taken from the wild in the United States or its territories or possessions, any semen collected from a raptor in the wild in the United States or its territories or possessions, or any raptor hatched from eggs taken from the wild in the United States or its territories or possessions. (h) Required paperwork. (1) You do not have to submit or have a copy of an FWS Form 3-186A for raptors you produce by captive propagation if you keep the raptors in your possession under your propagation permit. (2) If you sell, trade, barter, or transfer a raptor held under your captive propagation permit, even if the transfer is to a falconry permit you hold, you must complete an FWS Form 3-186A and send it to us within 5 calendar days of the transfer. (i) Care of a propagation raptor by another person (1) Care of a propagation raptor by another permittee. (i) The person must have a letter from you authorizing him or her to care for the birds, beginning on the date of your letter. (ii) The raptor will remain on your raptor propagation permit. If the person who temporarily holds it for you is a falconer or a captive propagator, the raptor will not be counted against his or her possession limit on raptors held for falconry or propagation. However, the other person may not use the raptor in falconry or in propagation. (iii) If you wish to have someone else care for a propagation raptor for more than 120 days, or if you wish to let another person use the raptor in falconry or captive propagation, you must transfer the raptor to that person and report the transfer by submitting a completed FWS Form 3-186A. (2) Care of a propagation raptor by an individual who does not have a propagation or falconry permit. (i) The raptor(s) will remain on your propagation permit. (ii) The raptors must remain in your facilities. (iii) This care may be extended indefinitely in extenuating circumstances, such as illness, military service, or for a family emergency. The person(s) caring for your raptors may not fly them for any reason. (j) Care of nestlings by an individual who does not hold a migratory bird permit. (k) Disposition of molted feathers from a live raptor or carcasses of raptors held under your permit. (2) For any raptor you hold under your propagation permit, if the bird was banded or microchipped prior to its death, you may keep the body to have the feathers available for imping or to have the body mounted by a taxidermist. You may use the mount in propagation activities or in giving conservation education programs. If the bird was banded, you must leave the band on the body. If the bird has an implanted microchip, the microchip must be placed inside the mounted bird. (3) If you do not wish to donate the bird body or feathers or keep it or them yourself, you must burn, bury, or otherwise destroy it or them within 10 days of the death of the bird or after final examination by a veterinarian to determine cause of death. Carcasses of euthanized raptors could pose a risk of secondary poisoning of eagles and other scavengers. You must take appropriate precautions to avoid such poisonings. (4) If you do not donate the bird body or feathers or have the body mounted by a taxidermist, you may possess the flight feathers for as long as you have a valid raptor propagation or falconry permit. However, you may not buy, sell, or barter the feathers. You must keep the paperwork documenting your acquisition of the bird. (l) Raptor products. (m) Release to the wild. (n) Conservation education programs. (1) You do not need a Federal education permit to conduct conservation education activities using a propagation raptor. (2) You must use the raptor primarily for propagation. (3) You may charge a fee for presentation of a conservation education program. The fee may not exceed the amount required to recoup your costs. (4) In conservation education programs, you must provide information about the biology, ecological roles, and conservation needs of raptors and other migratory birds, although not all of these topics must be addressed in every presentation. You may not give presentations that do not address falconry and conservation education. (5) You are responsible for all liability associated with conservation education activities you undertake (see § 13.50 of this chapter). (o) Permit restrictions. (p) Training propagation raptors. (1) Until the raptors are 1 year old, you may use captive-bred offspring in actual hunting as a means of training them. To do so, you will not need to transfer them to another permit type. You may not use them in hunting after their first year if they are held under your captive propagation permit. (2) Any hybrid raptor that you fly free must have at least two attached radio transmitters to help you to locate the bird. (3) You may not hunt at any time with raptors you use in propagation. (q) Hacking of propagation raptors. (1) You may need permission from your State or tribal wildlife agency to hack a raptor you possess under your propagation permit. Check with your State or tribal agency that regulates falconry to determine if hacking is allowed. (2) Any hybrid you hack must have two attached functioning radio transmitters during hacking. (3) You may not hack a raptor near a nesting area of a federally threatened or endangered bird species or in any other location where the raptor is likely to harm a federally listed threatened or endangered animal species that might be disturbed or taken by your falconry raptor. You should contact your State or territorial wildlife agency before hacking a falconry raptor to ensure that this does not occur. Contact the Fish and Wildlife Service office in your State or territory for information on federally listed species. (r) Transfer of propagation raptors and offspring if a permittee dies. (s) Records of captive propagation efforts. (1) The acquisition of raptors, eggs, or semen you acquired from the wild or that were transferred to you. (i) What you acquired, and the species, sex, age, and band number of each bird you acquired. (ii) Whether you acquired the raptor, egg, or semen from the wild or you purchased it or it was transferred to you. (2) The disposition of raptors, eggs, or semen you sell or transfer to another permittee. The information should include the band number of raptors you sell or transfer. (t) Annual report. (u) Endangered or threatened species. (v) Applying for a Federal raptor propagation permit. (w) Criteria for issuing a permit. (1) You must be at least 18 years old and have at least 2 full years of experience handling raptors. (2) You must have a propagation permit or other authorization for raptor propagation from your State or Tribe, if your State or Tribe requires it. (3) Your raptor propagation facilities must be adequate for the number and species of raptors to be held under your permit. (x) Updating a raptor propagation permit after a move. (y) Permit expiration. [76 FR 29667, May 23, 2011. Redesignated and amended at 87 FR 881, 882, Jan. 7, 2022; 89 FR 107042, Dec. 31, 2024] § 21.88 Waterfowl sale and disposal permits. (a) Permit requirement. Anas platyrhynchos (b) Permit conditions. (1) You may not take migratory waterfowl or their eggs from the wild, unless take is provided for elsewhere in this subchapter. (2) You may not acquire migratory waterfowl or their eggs from any person who does not have a valid waterfowl propagation permit. (3) Before they are 6 weeks of age, all live captive migratory waterfowl possessed under authority of a valid waterfowl sale and disposal permit must be physically marked as defined in § 21.45(b). (4) All offspring of birds hatched, reared, and retained in captivity also must be marked before they are 6 weeks of age in accordance with § 21.45(b), unless they are held in captivity at a public zoological park, or a public scientific or educational institution. (5) Properly marked captive-bred birds may be killed, in any number, at any time or place, by any means except shooting. They may be killed by shooting only in accordance with all the applicable hunting regulations governing the taking of like species from the wild. (6) 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. However, if you have a State license, permit, or authorization that allows you to sell game, you may remove the marked foot or wing from the raw carcasses if the number of your State license, permit, or authorization has been legibly stamped in ink on the back of each carcass and on the wrapping or container in which each carcass is maintained, or if each carcass is identified by a State band on a leg or wing pursuant to requirements of your State license, permit, or authorization. (7) You may dispose of properly marked live or dead birds or their eggs (except muscovy ducks and their eggs) in any number at any time or place, or transfer them to any person, if the birds are physically marked prior to sale or disposal, regardless of whether or not they have attained 6 weeks of age. (8) You may propagate muscovy ducks ( Cairina moschata (i) You may not release muscovy ducks to the wild or transfer them for release to the wild. (ii) You may not sell or transfer muscovy ducks to be killed by shooting. (9) If you transfer captive-bred birds or their eggs to another person, you must complete FWS Form 3-186, Notice of Transfer or Sale of Migratory Waterfowl, and provide all information required on the form, plus the method or methods by which individual birds are marked as required by § 21.45(b). (i) Give the original of the completed form to the person acquiring the birds or eggs. (ii) Retain one copy in your files. (iii) Attach one copy to the shipping container for the birds or eggs, or include it with shipping documents that accompany the shipment. (iv) By the end of the month in which you complete the transfer, mail two copies to the Fish and Wildlife Service Regional Office that issued your permit. (c) Reporting requirements. (d) Applying for a waterfowl propagation permit. (1) A description of the area where you will keep waterfowl in your possession; (2) The species and numbers of waterfowl you possess and a statement showing from whom the birds were obtained; (3) A statement indicating the method by which birds you hold will be marked as required by the provisions of this part 21; and (4) The number and expiration of your State permit if you are required to have one. (e) Term of permit. [75 FR 9320, Mar. 1, 2010. Redesignated and amended at 87 FR 881, 882, Jan. 7, 2022] § 21.95 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. (a) Permit requirement. (b) Application procedures. (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. (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 following 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 § 21.45(b) of this part. (4) No captive-bred migratory game bird may be sold or bartered unless marked in accordance with § 21.45(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. [39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38152, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998. Redesignated and amended at 87 FR 881, 882, Jan. 7, 2022] Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds § 21.100 Depredation permits. (a) Permit requirement. (b) Application procedures. (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. (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. [39 FR 1178, Jan. 4, 1974, as amended at 42 FR 17122, Mar. 31, 1977; 63 FR 52637, Oct. 1, 1998; 80 FR 15691, Mar. 25, 2015. Redesignated and amended at 87 FR 882, Jan. 7, 2022] § 21.120 Special Canada goose permit. (a) What is the special Canada goose permit and what is its purpose? Branta canadensis (b) Who may receive a permit? (c) How does a State apply for a permit? (1) A detailed statement showing that the goose management and control activities will either provide for human health and safety, protect personal property, or allow resolution of other injury to people or property; (2) An estimate of the size of the resident Canada goose breeding population in the State; (3) The requested annual take of resident Canada geese, including eggs and nests; (4) A statement indicating that the State will inform and brief all employees and designated agents of the requirements of these regulations and permit conditions. (d) What are the conditions of the permit? (1) What are the limitations on management and control activities? (ii) Methods of take for the control of injurious resident Canada geese are at the State's discretion. Methods include, but are not limited to, firearms, alpha-chloralose, traps, egg and nest manipulation and other damage control techniques consistent with accepted wildlife damage-management programs. (2) When may a State conduct management and control activities? (3) How must the States dispose or utilize geese taken under this permit? (4) How does the permit relate to existing State law? (5) When conducting management and control activities, are there any special inspection requirements? (6) What are the reporting requirements of the permit? (7) What are the limitations of the special permit? (i) Nothing in this section applies to any Federal land within a State's boundaries without written permission of the Federal Agency with jurisdiction. (ii) States may not undertake any actions under any permit issued under this section if the activities adversely affect other migratory birds or species designated as endangered or threatened under the authority of the Endangered Species Act. (iii) We will only issue permits to State wildlife agencies in the conterminous United States. (iv) States may designate agents who must operate under the conditions of the permit. (v) How long is the special permit valid? (vi) Can we revoke the special permit? (e) Information collection requirements. [64 FR 32774, June 17, 1999, as amended at 79 FR 43965, July 29, 2014; 84 FR 28773, June 20, 2019. Redesignated and amended at 87 FR 881, 882, Jan. 7, 2022] § 21.123 Special double-crested cormorant permit. (a) What is the special double-crested cormorant permit, and what is its purpose? Nannopterum auritum (1) Depredation of fish at State- and Tribal-owned or operated aquaculture facilities, including hatcheries; (2) Realized and potential impacts to human health and safety ( e.g., (3) Impacts to threatened and endangered species (species listed under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq. (4) Damage to State- or Tribal-owned property and assets; and (5) Depredation of wild and publicly stocked fish managed by State fish and wildlife agencies or federally recognized Tribes and accessible to the public or all Tribal members. (b) Who may receive a permit? (c) How does a State or Tribe apply for a permit? (1) A description of your State's or Tribe's double-crested cormorant conflicts, including physical location(s) and type of conflict specified in paragraph (a) of this section; (2) A detailed description of the nonlethal methods ( i.e., (3) The requested annual take of double-crested cormorants by life-stage, including eggs and nests; (4) A description of long-term plans to eliminate or significantly reduce continued need to take double-crested cormorants; (5) A statement indicating that the State or Tribe will inform and brief all employees and subpermittees of the requirements of these regulations and permit conditions; (6) A list of all subpermittees who may conduct activities under the special double-crested cormorant permit, including their names, addresses, and telephone numbers; and (7) The name and telephone number of the individual in your agency who will oversee the double-crested cormorant management activities authorized under the permit. (d) What are the conditions of the permit? (1) What are the limitations on management and take activities? (i) States and Tribes must implement nonlethal methods, and independently determine that those methods are insufficient at resolving depredation conflicts, before taking double-crested cormorants. (ii) A permit under this section does not authorize the take of any other migratory bird, including other species of cormorants; the take of bald or golden eagles; or the take of any species federally listed as threatened or endangered. If take of those species is likely to occur, the permittee must obtain permits specifically authorizing that take ( i.e., (iii) Methods of take for double-crested cormorants are at the State's or Tribe's discretion. Take of double-crested cormorants may occur by means of humane lethal take or active nest take. Lethal take of adults during the breeding season should occur prior to hatching of eggs. Adult birds may not be taken at any nest with young in it unless the take of adults addresses a human health and safety issue. States and Tribes and their subpermittees must make efforts to avoid disturbance to co-nesting species. Lethal take may occur by firearm in accordance with paragraph (d)(1)(iv) of this section or lethal or live traps. Active nest take may occur by egg oiling or destruction of nest material and contents (including viable eggs and chicks). Birds may be euthanized by cervical dislocation, CO 2 (iv) Take using firearms (other than an air rifle or air pistol) must use nontoxic shot or nontoxic bullets (see § 20.21 of this subchapter). (v) Individuals conducting lethal take activities may not use decoys, calls, or other devices or bait to lure birds within gun range. (vi) States and Tribes applying for the first time must consult with the U.S. Department of Agriculture's Wildlife Services for an assessment of the appropriate level of take and provide recommendations of short-term measures to provide relief from depredation and long-term measures to help eliminate or significantly reduce conflicts. First-time applicants must include a completed “Form 37 Permit Review” from Wildlife Services. Permittees need not submit a Form 37 for renewal applications unless requested by the regional Migratory Bird Permit Office. Permittees should continue working with Wildlife Services for review of conflict management approaches and anticipated level of take, and to remain current on effective strategies for nonlethal removal. (2) When may a State or Tribe conduct management and control activities? (3) How must States and Tribes dispose of or utilize cormorants taken under this permit? (4) How does the permit relate to existing State and Tribal law and Federal land? (5) How will the Service ensure that persons conducting control activities have the authority to do so? (6) What are the reporting requirements of the permit? see (7) What are the limitations of this permit? (i) Nothing in this section applies to any Federal land within a State's or Tribe's boundaries without written permission of the Federal agency with jurisdiction. (ii) We will issue permits only to State and Tribal fish and wildlife agencies in the conterminous ( i.e., (iii) States and Tribes may designate subpermittees who must operate under the conditions of the permit. Subpermittees can be employees of State and Tribal fish and wildlife agencies, U.S. Department of Agriculture's Wildlife Services employees, employees of other Federal, State, or Tribal agencies, or private companies licensed to conduct wildlife damage abatement and under direct control of the permittee. (iv) A special double-crested cormorant permit issued or renewed under the regulations in this section expires on the date designated on the face of the permit unless it is amended or revoked, or at such time we determine that conflicts with cormorants within the bounds of the specific population of double-crested cormorants have been reduced to the point where lethal take is no longer necessary. In all cases, the term of the permit may not exceed 1 year from the date of issuance or renewal. (v) We reserve the right to suspend or revoke any permit, as specified in §§ 13.27 and 13.28 of this subchapter. (e) What are the OMB information collection requirements of the permit program? [85 FR 85555, Dec. 29, 2020. Redesignated and amended at 87 FR 881, 882, Jan. 7, 2022; 88 FR 49355, July 31, 2023] § 21.150 Depredation order for blackbirds, cowbirds, crows, grackles, and magpies. (a) Species covered. Blackbirds Cowbirds Crows Grackles Magpies Brewer's (Euphagus cyanocephalus) Bronzed ( Molothrus aeneus American (Corvus brachyrhynchos) Boat-tailed (Quiscalus major) Black-billed (Pica hudsonia) Red-winged (Agelaius phoeniceus) Brown-headed (Molothrus ater) Fish (Corvus ossifragus) Common (Quiscalus quiscula) Yellow-headed (Xanthocephalus xanthocephalus) Shiny ( Molothrus bonariensis Northwestern (Corvus caurinus) Great-tailed (Quiscalus mexicanus) Greater Antillean (Quiscalus niger) (b) Conditions under which control is allowed by private citizens. (1) Where they are causing serious injuries to agricultural or horticultural crops or to livestock feed; (2) When they cause a health hazard or structural property damage; (3) To protect a species recognized by the Federal Government as an endangered, threatened, or candidate species in any county in which it occurs, as shown in the Service's Environmental Conservation Online System ( http://ecos.fws.gov (4) To protect a species recognized by the Federal Government as an endangered or threatened species in designated critical habitat for the species; or (5) To protect a species recognized by a State or Tribe as endangered, threatened, candidate, or of special concern if the control takes place within that State or on the lands of that tribe, respectively. (6) Each calendar year, you must attempt to control depredation by species listed under this depredation order using nonlethal methods before you may use lethal control. Nonlethal control methods can include such measures as netting and flagging, the use of trained raptors, propane cannons, and recordings. (c) Conditions under which control is allowed by Federal, State, and Tribal employees. (1) Where they are causing serious injuries to agricultural or horticultural crops or to livestock feed; (2) When they cause a health hazard or structural property damage; or (3) To protect a species recognized by the Federal Government, a State, or a Tribe as an endangered, threatened, or candidate, species, or a species of special concern, including critical habitat for any listed species. (4) Each calendar year, you must attempt to control depredation by species listed under this depredation order using nonlethal methods before you may use lethal control. Nonlethal control methods can include such measures as netting and flagging, the use of trained raptors, propane cannons, and recordings. However, this requirement does not apply to Federal, State, or Tribal employees conducting brown-headed cowbird trapping to protect a species recognized by the Federal Government, a State, or a Tribe as endangered, threatened, candidate, or of special concern. (d) Ammunition. (e) Access to control efforts. (f) Trapping conditions. (1) You may possess, transport, and use a lure bird or birds of the species listed in paragraph (a) that you wish to trap. (2) You must check each trap at least once every day it is deployed. (3) At temperatures above 80 °Fahrenheit, the traps must provide shade for captured birds. (4) Each trap must contain adequate food and water. (5) You must promptly release all healthy nontarget birds that you capture. (6) If a federally permitted wildlife rehabilitator is within 1 hour or less of your capture efforts, you must send injured or debilitated nontarget federally protected migratory birds to the rehabilitator. If no rehabilitator is closer than 1 hour away, you may euthanize an injured or debilitated bird of a nontarget species unless the species is federally listed as an endangered, threatened, or candidate species, in which case you must deliver it to a rehabilitator and report the take to the nearest U.S. Fish and Wildlife Service Field Office or Special Agent. (7) You must report captures of nontarget federally protected migratory birds in your annual report (see paragraph (i) of this section). (g) Euthanasia. (h) Disposition of birds and parts. (i) Annual report. (j) Compliance with other laws. (k) Information collection requirements. [79 FR 65601, Nov. 5, 2014. Redesignated and amended at 87 FR 882, Jan. 7, 2022] § 21.153 Depredation order for horned larks, house finches, and white-crowned sparrows in California. Horned larks ( Eremophila alpestris Haemorhous mexicanus Zonotrichia leucophrys (a) When is take allowed under this depredation order? (1) Horned larks and white-crowned sparrows may be controlled from November 1 through April 30. (2) House finches may be controlled at any time. (b) Use of nonlethal control. (c) Ammunition. (d) Disposition of carcasses. (e) Annual report. [78 FR 65581, Nov. 1, 2013. Redesignated and amended at 87 FR 882, 883, Jan. 7, 2022] § 21.156 Depredation order for depredating California 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 California scrub jays ( Aphelocoma californica Cyanocitta stelleri Provided: (a) That California 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 California 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, (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 act under this depredation order must provide an annual report of take during the calendar year for each species by January 31st of the following year. The report must include the number of birds taken for each species, method of take, month(s) in which they were taken, county(ies) and State(s) in which they were taken, purpose of take, and disposition. Submit annual reports to the Pacific Region Migratory Bird Permit Office in Portland, Oregon, at the address shown at 50 CFR 2.2. [39 FR 31326, Aug. 28, 1974, as amended at 84 FR 45924, Sept. 3, 2019. Redesignated at 87 FR 882, Jan. 7, 2022] § 21.159 Control order for resident Canada geese at airports and military airfields. (a) Which Canada geese are covered by this order? Branta canadensis (b) What is the control order for resident Canada geese at airports, and what is its purpose? (c) Who may participate in the program? (d) What are the restrictions of the control order for resident Canada geese at airports and military airfields? (1) Airports and military airfields should use nonlethal goose management tools to the extent they deem appropriate. To minimize lethal take, airports and military airfields should follow this procedure: (i) Assess the problem to determine its extent or magnitude, its impact on current operations, and the appropriate control method to be used. (ii) Base control methods on sound biological, environmental, social, and cultural factors. (iii) Formulate appropriate methods into a control strategy that uses several control techniques rather than relying on a single method. (iv) Implement all appropriate nonlethal management techniques (such as harassment and habitat modification) in conjunction with take authorized under this order. (2)(i) Methods of take for the control of resident Canada geese are at the airport's and military airfield's discretion from among the following: (A) Egg oiling, (B) Egg and nest destruction, (C) Shooting, (D) Lethal and live traps, (E) Nets, (F) Registered animal drugs, pesticides, and repellants, (G) Cervical dislocation, and (H) CO 2 (ii) Birds caught live may be euthanized or transported and relocated to another site approved by the State or Tribal wildlife agency, if required. (iii) All techniques used must be in accordance with other Federal, State, and local laws, and their use must comply with any labeling restrictions. (iv) Persons using shotguns must use nontoxic shot, as listed in § 20.21(j) of this subchapter. (v) Persons using egg oiling must use 100 percent corn oil, a substance exempted from regulation by the U.S. Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act. (3) Airports and military airfields may conduct management and control activities, involving the take of resident Canada geese, under this section between April 1 and September 15. The destruction of resident Canada goose nests and eggs may take place at any time of year. (4) Airports and military airfields and their employees and agents may possess, transport, and otherwise dispose of resident Canada geese taken under this section. Disposal of birds taken under this order may be by donation to public museums or public institutions for scientific or educational purposes, processing for human consumption and subsequent distribution free of charge to charitable organizations, or burial or incineration. Airports/military airfields, their employees, and designated agents may not sell, offer for sale, barter, or ship for the purpose of sale or barter any resident Canada geese taken under this section, nor their plumage or eggs. Any specimens needed for scientific purposes as determined by the Regional Director must not be destroyed, and information on birds carrying metal leg bands must be submitted to the Bird Banding Laboratory by means of a toll-free telephone number at 1-800-327-BAND (or 2263). (5) Resident Canada geese may be taken only within the airport, or the military base on which a military airfield is located, or within a 3-mile radius of the outer boundary of such a facility. Airports and military airfields or their agents must first obtain all necessary authorizations from landowners for all management activities conducted outside the airport or military airfield's boundaries and be in compliance with all State and local laws and regulations. (6) Nothing in this section authorizes the killing of resident Canada geese or destruction of their nests and eggs contrary to the laws or regulations of any State or Tribe, and none of the privileges of this section may be exercised unless the airport or military airfield possesses the appropriate State or Tribal authorization or other permits required by the State or Tribe. Moreover, this section does not authorize the killing of any migratory bird species or destruction of their nest or eggs other than resident Canada geese. (7) Authorized airports and military airfields, and their employees and agents operating under the provisions of this section may not use decoys, calls, or other devices to lure birds within gun range. (8) Airports and military airfields exercising the privileges granted by this section must submit an annual report summarizing activities, including the date and numbers and location of birds, nests, and eggs taken, by December 31 of each year to the Regional Migratory Bird Permit Office listed in § 2.2 of this subchapter. (9) Nothing in this section applies to any Federal land without written permission of the Federal agency with jurisdiction. (10) Airports and military airfields may not undertake any actions under this section if the activities adversely affect other migratory birds or species designated as endangered or threatened under the authority of the Endangered Species Act. Persons operating under this order must immediately report the take of any species protected under the Endangered Species Act to the Service. Further, to protect certain species from being adversely affected by management actions, airports and military airfields must: (i) Follow the Federal-State Contingency Plan for the whooping crane; (ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest; (iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all management activities; (iv) Contact the Arizona Ecological Services Office (for the Colorado River and Arizona sites) or the Carlsbad Fish and Wildlife Office (for Salton Sea sites) if control activities are proposed in or around occupied habitats (cattail or cattail bulrush marshes) to discuss the proposed activity and ensure that implementation will not adversely affect clapper rails or their habitats; and (v) In California, any control activities of resident Canada geese in areas used by the following species listed under the Endangered Species Act must be done in coordination with the appropriate local FWS field office and in accordance with standard local operating procedures for avoiding adverse effects to the species or its critical habitat: (A) Birds: (B) Amphibians: (C) Insects: (D) Crustaceans: (E) Plants: (e) Can the control order be suspended? (f) Information collection requirements. [71 FR 45986, Aug. 10, 2006, as amended at 72 FR 46408, Aug. 20, 2007; 79 FR 43966, July 29, 2014; 84 FR 28773, June 20, 2019. Redesignated and amended at 87 FR 882, 883, Jan. 7, 2022] § 21.162 Depredation order for resident Canada geese nests and eggs. (a) Which Canada geese are covered by this order? Branta canadensis (b) What is the depredation order for resident Canada geese nests and eggs, and what is its purpose? (c) Who may participate in the depredation order? (d) What are the restrictions of the depredation order for resident Canada goose nests and eggs? (1) Before any management actions can be taken, landowners, homeowners' associations, and local governments must register with the Service at https://epermits.fws.gov/eRCGR. (2) Registrants authorized to operate under the depredation order must use nonlethal goose management techniques to the extent they deem appropriate in an effort to minimize take. (3) Methods of nest and egg destruction or take are at the registrant's discretion from among the following: (i) Egg oiling, using 100 percent corn oil, a substance exempted from regulation by the U.S. Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act, and (ii) Egg and nest destruction, including but not limited to the removal and disposal of eggs and nest material. (4) Registrants may conduct resident Canada goose nest and egg destruction activities at any time of year. Homeowners' associations and local governments or their agents must obtain landowner consent prior to destroying nests and eggs on private property within the homeowners' association or local government's jurisdiction and be in compliance with all State and local laws and regulations. (5) Registrants authorized to operate under the depredation order may possess, transport, and dispose of resident Canada goose nests and eggs taken under this section. Registrants authorized to operate under the program may not sell, offer for sale, barter, or ship for the purpose of sale or barter any resident Canada goose nest or egg taken under this section. (6) Registrants exercising the privileges granted by this section must submit an annual report summarizing activities, including the date, numbers, and location of nests and eggs taken by October 31 of each year at https://epermits.fws.gov/eRCGR (7) Nothing in this section authorizes the destruction of resident Canada goose nests or the take of resident Canada goose eggs contrary to the laws or regulations of any State or Tribe, and none of the privileges of this section may be exercised unless the registrant is authorized to operate under the program and possesses the appropriate State or Tribal permits, when required. Moreover, this section does not authorize the killing of any migratory bird species or destruction of their nest or eggs other than resident Canada geese. (8) Registrants may not undertake any actions under this section if the activities adversely affect species designated as endangered or threatened under the authority of the Endangered Species Act. Persons operating under this order must immediately report the take of any species protected under the Endangered Species Act to the Service. Further, to protect certain species from being adversely affected by management actions, registrants must: (i) Follow the Federal-State Contingency Plan for the whooping crane; (ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest; (iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all management activities; (iv) Contact the Arizona Ecological Services Office (for the Colorado River and Arizona sites) or the Carlsbad Fish and Wildlife Office (for Salton Sea sites) if control activities are proposed in or around occupied habitats (cattail or cattail bulrush marshes) to discuss the proposed activity and ensure that implementation will not adversely affect clapper rails or their habitats; and (v) In California, any control activities of resident Canada geese in areas used by the following species listed under the Endangered Species Act must be done in coordination with the appropriate local FWS field office and in accordance with standard local operating procedures for avoiding adverse effects to the species or its critical habitat: (A) Birds: (B) Amphibians: (C) Insects: (D) Crustaceans: (E) Plants: (e) Can the depredation order be suspended? (f) Information collection requirements. [71 FR 45988, Aug. 10, 2006, as amended at 72 FR 46408, Aug. 20, 2007; 79 FR 43966, July 29, 2014; 84 FR 28773, June 20, 2019. Redesignated at 87 FR 882, Jan. 7, 2022; 87 FR 883, Jan. 7, 2022] § 21.165 Depredation order for resident Canada geese at agricultural facilities. (a) Which Canada geese are covered by this order? Branta canadensis (b) What is the depredation order for resident Canada geese at agricultural facilities, and what is its purpose? (c) Who may participate in the depredation order? (d) What are the restrictions of the depredation order for resident Canada geese at agricultural facilities? (1) Only landowners, operators, and tenants (or their employees or agents) actively engaged in commercial activities (agricultural producers) so designated by the States may act under this order. (2) Authorized agricultural producers should use nonlethal goose management tools to the extent they deem appropriate. To minimize lethal take, agricultural producers should adhere to the following procedure: (i) Assess the problem to determine its extent or magnitude, its impact to current operations, and the appropriate control method to be used. (ii) Base control methods on sound biological, environmental, social, and cultural factors. (iii) Formulate appropriate methods into a control strategy that uses the approach/concept that encourages the use of several control techniques rather than relying on a single method. (iv) Implement all appropriate nonlethal management techniques (such as harassment and habitat modification) in conjunction with take authorized under this order. (3)(i) Methods of take for the control of resident Canada geese are at the State's or Tribe's discretion among the following: (A) Egg oiling, (B) Egg and nest destruction, (C) Shotguns, (D) Lethal and live traps, (E) Nets, (F) Registered animal drugs, pesticides, and repellants, (G) Cervical dislocation, and (H) CO 2 (ii) Birds caught live may be euthanized or transported and relocated to another site approved by the State or Tribal wildlife agency, if required. (iii) All techniques used must be in accordance with other Federal, State, Tribal, and local laws, and their use must comply with any labeling restrictions. (iv) Persons using shotguns must use nontoxic shot, as listed in § 20.21(j) of this subchapter. (v) Persons using egg oiling must use 100 percent corn oil, a substance exempted from regulation by the U.S. Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act. (4) Under this section, authorized agricultural producers and their employees and agents may: (i) Conduct management and control activities, involving the take of resident Canada geese, as follows: Where When In the Atlantic Flyway States of Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia Between April 1 and August 31. In the Mississippi and Central Flyway portions of these States: Alabama, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming Between May 1 and August 31. (ii) Destroy the nests and eggs of resident Canada geese at any time of year. (5) Authorized agricultural producers and their employees and agents may possess, transport, and otherwise dispose of resident Canada geese taken under this section. Disposal of birds taken under this order may be by donation to public museums or public institutions for scientific or educational purposes, processing for human consumption and subsequent distribution free of charge to charitable organizations, or burial or incineration. Agricultural producers, their employees, and designated agents may not sell, offer for sale, barter, or ship for the purpose of sale or barter any resident Canada geese taken under this section, nor their plumage or eggs. Any specimens needed for scientific purposes as determined by the Director must not be destroyed, and information on birds carrying metal leg bands must be submitted to the Bird Banding Laboratory by means of a toll-free telephone number at 1-800-327-BAND (or 2263). (6) Resident Canada geese may be taken only on land which an authorized agricultural producer personally controls and where geese are committing depredations to agricultural crops. (7) Authorized agricultural producers, and their employees and agents, operating under the provisions of this section may not use decoys, calls, or other devices to lure birds within gun range. (8) Any authorized agricultural producer exercising the privileges of this section must keep and maintain a log that indicates the date and number of birds killed and the date and number of nests and eggs taken under this authorization. The log must be maintained for a period of 3 years (and records for 3 previous years of takings must be maintained at all times thereafter). The log and any related records must be made available to Federal, State, or Tribal wildlife enforcement officers upon request during normal business hours. (9) Nothing in this section authorizes the killing of resident Canada geese or the destruction of their nests and eggs contrary to the laws or regulations of any State or Tribe, and none of the privileges of this section may be exercised unless the agricultural producer possesses the appropriate State or Tribal permits, when required. Moreover, this regulation does not authorize the killing of any migratory bird species or destruction of their nests or eggs other than resident Canada geese. (10) States and Tribes exercising the privileges granted by this section must submit an annual report summarizing activities, including the numbers and County of birds, nests, and eggs taken, by December 31 of each year to the Regional Migratory Bird Permit Office listed in § 2.2 of this subchapter. (11) Nothing in this section applies to any Federal land without written permission of the Federal agency with jurisdiction. (12) Authorized agricultural producers may not undertake any actions under this section if the activities adversely affect other migratory birds or species designated as endangered or threatened under the authority of the Endangered Species Act. Persons operating under this order must immediately report the take of any species protected under the Endangered Species Act to the Service. Further, to protect certain species from being adversely affected by management actions, agricultural producers must: (i) Follow the Federal-State Contingency Plan for the whooping crane; (ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest; and (iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all management activities. (e) Can the depredation order be suspended? (f) Information collection requirements. [71 FR 45989, Aug. 10, 2006, as amended at 79 FR 43966, July 29, 2014; 84 FR 28773, June 20, 2019; 85 FR 10623, Feb. 25, 2020. Redesignated at 87 FR 882, Jan. 7, 2022; 87 FR 883, Jan. 7, 2022] § 21.168 Public health control order for resident Canada geese. (a) Which Canada geese are covered by this order? Branta canadensis (b) What is the public health control order for resident Canada geese, and what is its purpose? (c) What is a direct threat to human health? (d) Who may participate in the program? (e) What are the restrictions of the public health depredation order for resident Canada geese? (1) Authorized State and Tribal wildlife agencies should use nonlethal goose management tools to the extent they deem appropriate. (2)(i) Methods of take for the control of resident Canada geese are at the State's and Tribe's discretion from among the following: (A) Egg oiling, (B) Egg and nest destruction, (C) Shotguns, (D) Lethal and live traps, (E) Nets, (F) Registered animal drugs, pesticides, and repellants, (G) Cervical dislocation, and (H) CO 2 (ii) Birds caught live may be euthanized or transported and relocated to another site approved by the State or Tribal wildlife agency, if required. (iii) All techniques used must be in accordance with other Federal, State, Tribal, and local laws, and their use must comply with any labeling restrictions. (iv) Persons using shotguns must use nontoxic shot, as listed in § 20.21(j) of this subchapter. (v) Persons using egg oiling must use 100 percent corn oil, a substance exempted from regulation by the U.S. Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act. (3) Authorized State and Tribal wildlife agencies and their employees and agents may conduct management and control activities, involving the take of resident Canada geese, under this section between April 1 and August 31. The destruction of resident Canada goose nests and eggs may take place at any time of year. (4) Authorized State and Tribal wildlife agencies and their employees and agents may possess, transport, and otherwise dispose of resident Canada geese taken under this section. Disposal of birds taken under this order may be by donation to public museums or public institutions for scientific or educational purposes, processing for human consumption and subsequent distribution free of charge to charitable organizations, or burial or incineration. States, their employees, and designated agents may not sell, offer for sale, barter, or ship for the purpose of sale or barter any resident Canada geese taken under this section, nor their plumage or eggs. Any specimens needed for scientific purposes as determined by the Regional Director must not be destroyed, and information on birds carrying metal leg bands must be submitted to the Bird Banding Laboratory by means of a toll-free telephone number at 1-800-327-BAND (or 2263). (5) Resident Canada geese may be taken only within the specified area of the direct threat to human health. (6) Authorized State and Tribal wildlife agencies, and their employees and agents operating under the provisions of this section may not use decoys, calls, or other devices to lure birds within gun range. (7) No person conducting activities under this section should construe the program as authorizing the killing of resident Canada geese or destruction of their nests and eggs contrary to any State law or regulation, nor may any control activities be conducted on any Federal land without specific authorization by the responsible management agency. No person may exercise the privileges granted under this section unless they possess any permits required for such activities by any State or Federal land manager. (8) Any State or Tribal employee or designated agent authorized to carry out activities under this section must have a copy of the State's or Tribal authorization and designation in their possession when carrying out any activities. If the State or Tribe is conducting operations on private property, the State or Tribe must also require the property owner or occupant on whose premises resident Canada goose activities are being conducted to allow, at all reasonable times, including during actual operations, free and unrestricted access to any Service special agent or refuge officer, State or Tribal wildlife or deputy wildlife agent, warden, protector, or other wildlife law enforcement officer on the premises where they are, or were, conducting activities. Furthermore, any State or Tribal employee or designated agent conducting such activities must promptly furnish whatever information is required concerning such activities to any such wildlife officer. (9) States and Tribes exercising the privileges granted by this section must submit an annual report summarizing activities, including the numbers and County of birds taken, by December 31 of each year to the Regional Migratory Bird Permit Office listed in § 2.2 of this subchapter. (10) Authorized State and Tribal wildlife agencies may not undertake any actions under this section if the activities adversely affect other migratory birds or species designated as endangered or threatened under the authority of the Endangered Species Act. Persons operating under this order must immediately report the take of any species protected under the Endangered Species Act to the Service. Further, to protect certain species from being adversely affected by management actions, State and Tribal wildlife agencies must: (i) Follow the Federal-State Contingency Plan for the whooping crane; (ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest; (iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all management activities; (iv) Contact the Arizona Fish and Wildlife Service Ecological Services Office (for the Colorado River and Arizona sites) or the Carlsbad Fish and Wildlife Office (for Salton Sea sites) if control activities are proposed in or around occupied habitats (cattail or cattail bulrush marshes) to discuss the proposed activity and ensure that implementation will not adversely affect clapper rails or their habitats; and (v) In California, any control activities of resident Canada geese in areas used by the following species listed under the Endangered Species Act must be done in coordination with the appropriate local FWS field office and in accordance with standard local operating procedures for avoiding adverse effects to the species or its critical habitat: (A) Birds: (B) Amphibians: (C) Insects: (D) Crustaceans: (E) Plants: (f) Can the control order be suspended? (g) Information collection requirements. [71 FR 45990, Aug. 10, 2006, as amended at 79 FR 43966, July 29, 2014; 84 FR 28773, June 20, 2019. Redesignated at 87 FR 882, Jan. 7, 2022; 87 FR 883, Jan. 7, 2022; 87 FR 66095, Nov. 2, 2022] § 21.171 Control order for purple swamphens. (a) Control of purple swamphens. Porphyrio porphyrio (b) Disposal of purple swamphens. (c) Other provisions. (2) You may not remove or destroy purple swamphens or their nests or eggs if doing so will adversely affect other migratory birds or species designated as endangered or threatened under the authority of the Endangered Species Act. In particular, the purple swamphen resembles the native purple gallinule ( Porphyrio martinicus (3) If you use firearms to control purple swamphens under this regulation, you may use only nontoxic shot or nontoxic bullets for the control. (4) If, while operating under this regulation, an authorized person takes any other species protected under the Endangered Species Act, the Migratory Bird Treaty Act, or the Bald and Golden Eagle Protection Act, that person must immediately report the take to the nearest Ecological Services office of the Fish and Wildlife Service. See https://www.fws.gov/offices (5) We may suspend or revoke the authority of any agency or individual to undertake purple swamphen control if we find that agency or individual has, without an applicable permit, taken actions that may take Federally listed threatened or endangered species or any bird species protected by the Bald and Golden Eagle Protection Act or the Migratory Bird Treaty Act ( see [75 FR 9316, Mar. 1, 2010, as amended at 80 FR 15691, Mar. 25, 2015. Redesignated at 87 FR 882, Jan. 7, 2022; 87 FR 883, Jan. 7, 2022] § 21.174 Control order for Muscovy ducks in the United States. (a) Control of Muscovy ducks. Cairina moschata (b) Muscovy ducks in Hidalgo, Starr, and Zapata Counties in Texas. (c) Disposal of Muscovy ducks. (d) Other provisions. (2) You may not remove or destroy Muscovy ducks or their nests or eggs if doing so will adversely affect other migratory birds or species designated as endangered or threatened under the authority of the Endangered Species Act. If you use a firearm to kill Muscovy ducks under the provisions of this section, you must use nontoxic shot or nontoxic bullets to do so. (3) If you operate under this order, you must immediately report the take of any species protected under the Endangered Species Act, or any other bird species protected under the Migratory Bird Treaty Act, to the Fish and Wildlife Service Ecological Services Office for the State or location in which the take occurred. (4) We reserve the right to suspend or revoke the authority of any agency or individual to undertake Muscovy duck control if we find that the agency or individual has undertaken actions that may harm Federally listed threatened or endangered species or are contrary to the provisions of this part. [75 FR 9321, Mar. 1, 2010. Redesignated at 87 FR 882, Jan. 7, 2022; 87 FR 883, Jan. 7, 2022] § 21.177 Control order for invasive migratory birds in Hawaii. (a) Control of cattle egrets and barn owls. Bubulcus ibis Tyto alba (b) Authorized agencies. (2) Hawaii Department of Agriculture; (3) Hawaii Department of Lands and Natural Resources, Division of Forestry and Wildlife; (4) National Oceanic and Atmospheric Administration; (5) National Park Service; (6) U.S. Department of Agriculture—Animal and Plant Health Inspection Service, Wildlife Services; (7) U.S. Department of Defense; (8) U.S. Fish and Wildlife Service; (9) U.S. Geological Survey; and (10) University of Hawaii—Pacific Cooperative Studies Units with program mandates to accomplish invasive species eradication and control, including the five island Invasive Species Committees. (c) Means of take. 2 (2) If you use a firearm or slingshot to kill cattle egrets or barn owls under the provisions of this order, you must use nontoxic shot or nontoxic bullets to do so. See § 20.21(j) of this chapter for a list of approved nontoxic shot types. (3) Eggs must be oiled with 100 percent corn oil, which is exempted from regulation under the Federal Insecticide, Fungicide, and Rodenticide Act by the U.S. Environmental Protection Agency. (4) You may use concealment (such as blinds) and luring devices (such as decoys or recorded calls) for locating, capturing, and/or taking cattle egrets or barn owls. (d) Land access. (e) Relationship to other regulations. (f) Release of injured, sick, or orphaned cattle egrets or barn owls. (g) Disposal of cattle egret or barn owl carcasses, nests, or nest contents. (h) Endangered or threatened species. (i) Reporting take. (j) Reporting nontarget take. (k) Revocation of authority to operate under this order. [82 FR 34425, July 25, 2017. Redesignated at 87 FR 882, Jan. 7, 2022] § 21.180 Conservation order for light geese. (a) What is a conservation order? (b) Which waterfowl species are covered by the order? Anser caerulescens atlantica A. c. caerulescens C. rossii (c) Where can the conservation order be authorized? (1) The following States that are contained within the boundaries of the Atlantic Flyway: Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia. (2) The following States, or portions of States, that are contained within the boundaries of the Mississippi and Central Flyways: Alabama, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming. (3) The following States, or portions of States, that are contained within the boundaries of the Pacific Flyway: Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. (4) Tribal lands within the geographic boundaries in paragraphs (c)(1), (2), and (3) of this section. (d) When will the Director authorize the conservation order in a particular Flyway? (2) The Director may authorize the conservation order for the reduction of mid-continent light geese (lesser snow and Ross's geese) for any State or Tribe contained within the Mississippi and Central Flyways by publishing a notice under paragraph (e) of this section when the May Waterfowl Population Status report indicates that the management goal of 1,600,000 birds (winter index for Mid-continent Population and Western Central Flyway Population, combined) has been exceeded. Authorization of the conservation order in the U.S. portion of the Mississippi and Central Flyways will occur after the Director determines the degree to which the management goal has been exceeded, the trajectory of population growth, anticipated harvest that would result from implementation of the conservation order, and whether or not similar conservation actions will be conducted in Canada. (3) The Director may authorize a conservation order for the reduction of light geese (lesser snow and Ross's geese) for any State or Tribe contained within the Pacific Flyway by publishing a notice under paragraph (e) of this section when the Director determines that light goose numbers in the western Arctic have exceeded the ability of their breeding habitat to support them. (e) How will the conservation order be authorized for a particular Flyway? Federal Register (f) What is required for State/Tribal governments to participate in the conservation order? (1) Activities conducted under the conservation order may not affect endangered or threatened species as designated under the Endangered Species Act. (2) Control activities must be conducted clearly as such and are intended to relieve pressures on migratory birds and habitat essential to migratory bird populations only and are not to be construed as opening, reopening, or extending any open hunting season contrary to any regulations promulgated under Section 3 of the Migratory Bird Treaty Act. (3) Control activities may be conducted only when all waterfowl (including light goose) and crane hunting seasons, excluding falconry, are closed. (4) Control measures employed through this section may be used only between the hours of one-half hour before sunrise to one-half hour after sunset. (5) Nothing in the conservation order may limit or initiate management actions on Federal land without concurrence of the Federal agency with jurisdiction. (6) States and Tribes must designate participants who must operate under the conditions of the conservation order. (7) States and Tribes must inform participants of the requirements and conditions of the conservation order that apply. (8) States and tribes must keep annual records of activities carried out under the authority of the conservation order. Specifically, information must be collected on: (i) The number of persons participating in the conservation order; (ii) The number of days people participated in the conservation order; (iii) The number of light geese shot and retrieved under the conservation order; and (iv) The number of light geese shot but not retrieved. (9) The States and Tribes must submit an annual report summarizing activities conducted under the conservation order on or before September 15 of each year, to the Chief, Division of Migratory Bird Management, at the address provided at 50 CFR 2.1(b). Information from Tribes may be incorporated in State reports. (g) What is required for persons to participate in the conservation order? (1) Nothing in the conservation order authorizes the take of light geese contrary to any State or Tribal laws or regulations, and none of the privileges granted under the conservation order may be exercised unless persons acting under the authority of the conservation order possess whatever permit or other authorization(s) may be required for such activities by the State or Tribal government concerned. (2) Persons who take light geese under the conservation order may not sell or offer for sale those birds or their plumage but may possess, transport, and otherwise properly use them. (3) Persons acting under the authority of the conservation order must permit at all reasonable times, including during actual operations, any Federal or State game or deputy game agent, warden, protector, or other game law enforcement officer free and unrestricted access over the premises on which such operations have been or are being conducted and must promptly furnish whatever information an officer requires concerning the operation. (4) Persons acting under the authority of the conservation order may take light geese by any method except those prohibited as follows: (i) With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance. (ii) From or by means, aid, or use of a sinkbox or any other type of low floating device having a depression affording the person a means of concealment beneath the surface of the water. (iii) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may carry out take activities from any stationary motor vehicle or stationary motor-driven land conveyance. (iv) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and the sails furled, and its progress has ceased. A craft under power may be used only to retrieve dead or crippled birds; however, the craft may not be used under power to shoot any crippled bird. (v) By the use or aid of live birds as decoys. It is a violation of this paragraph (g) for any person to take light geese on an area where tame or captive live geese are present unless such birds are and have been for a period of 10 consecutive days before the taking, confined within an enclosure that substantially reduces the audibility of their calls and totally conceals the birds from the sight of light geese. (vi) By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of light geese. (vii) By the aid of baiting, or on or over any baited area, where a person knows or reasonably should know that the area is or has been baited as described in § 20.11(j-k). Light geese may not be taken on or over lands or areas that are baited areas, and where grain or other feed has been distributed or scattered solely as the result of manipulation of an agricultural crop or other feed on the land where grown, or solely as the result of a normal agricultural operation as described in § 20.11(h) and (l). However, nothing in this paragraph (g) prohibits the taking of light geese on or over the following lands or areas that are not otherwise baited areas: (A) Standing crops or flooded standing crops (including aquatics); standing, flooded, or manipulated natural vegetation; flooded harvested croplands; or lands or areas where seeds or grains have been scattered solely as the result of a normal agricultural planting, harvesting, postharvest manipulation or normal soil stabilization practice as described in § 20.11(g), (i), (l), and (m); (B) From a blind or other place of concealment camouflaged with natural vegetation; (C) From a blind or other place of concealment camouflaged with vegetation from agricultural crops, as long as such camouflaging does not result in the exposing, depositing, distributing, or scattering of grain or other feed; or (D) Standing or flooded standing agricultural crops where grain is inadvertently scattered solely as a result of a hunter entering or exiting a hunting area, placing decoys, or retrieving downed birds. (viii) Participants may not possess shot (either in shotshells or as loose shot for muzzleloading) other than steel shot, bismuth-tin, tungsten-iron, tungsten-polymer, tungsten-matrix, tungsten-bronze, tungsten-nickel-iron, tungsten-tin-iron, tungsten-nickel-iron-tin, tungsten-iron-copper-nickel, or other shots that are authorized in § 20.21(j). (h) Can the conservation order be suspended? (i) Under what conditions would the conservation order be suspended? Federal Register. Federal Register. (j) Information collection requirements. [73 FR 65951, Nov. 5, 2008; 73 FR 70914, Nov. 24, 2008, as amended at 79 FR 43966, July 29, 2014; 80 FR 13500, Mar. 16, 2015. Redesignated and amended at 87 FR 883, Jan. 7, 2022] § 21.183 Population control of resident Canada geese. (a) Which Canada geese are covered by this regulation? Branta canadensis (b) What is the resident Canada goose population control program, and what is its purpose? (c) What areas are eligible to participate in the program? (d) What is required in order for State governments to participate in a managed take program? (1) Activities conducted under the managed take program may not affect endangered or threatened species as designated under the Endangered Species Act. (2) Control activities may be conducted under this section only between August 1 and August 31. (3) Control measures employed through this section may be implemented only between the hours of one-half hour before sunrise to one-half hour after sunset. (4) Nothing in the program may limit or initiate management actions on Federal land without concurrence of the Federal agency with jurisdiction. (5) States and Tribes must designate participants who must operate under the conditions of the managed take program. (6) States and Tribes must inform participants of the requirements/conditions of the program that apply. (7) States and Tribes must keep annual records of activities carried out under the authority of the program. Specifically, information must be collected on: (i) The number of individuals participating in the program; (ii) The number of days individuals participated in the program; (iii) The total number of resident Canada geese shot and retrieved during the program; and (iv) The number of resident Canada geese shot but not retrieved. The States and Tribes must submit an annual report summarizing activities conducted under the program and an assessment of the continuation of the injuries on or before June 1 of each year to the Chief, Division of Migratory Bird Management, at the address provided at 50 CFR 2.1(b). (e) What is required for individuals to participate in the program? (1) Participants must comply with all applicable State and Tribal laws or regulations including possession of whatever permit(s) or other authorization(s) may be required by the State or Tribal government concerned. (2) Participants who take resident Canada geese under the program may not sell or offer for sale those birds or their plumage, but may possess, transport, and otherwise properly use them. (3) Participants must permit at all reasonable times, including during actual operations, any Service special agent or refuge officer, State or Tribal wildlife or deputy wildlife agent, warden, protector, or other wildlife law enforcement officer free and unrestricted access over the premises on which such operations have been or are being conducted and must promptly furnish whatever information an officer requires concerning the operation. (4) Participants may take resident Canada geese by any method except those prohibited as follows: (i) With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance. (ii) From or by means, aid, or use of a sinkbox or any other type of low-floating device, having a depression affording the person a means of concealment beneath the surface of the water. (iii) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegic persons and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance. (iv) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and the sails furled, and its progress has ceased. A craft under power may be used only to retrieve dead or crippled birds; however, the craft may not be used under power to shoot any crippled birds. (v) By the use or aid of live birds as decoys. No person may take resident Canada geese on an area where tame or captive live geese are present unless such birds are, and have been for a period of 10 consecutive days before the taking, confined within an enclosure that substantially reduces the audibility of their calls and totally conceals the birds from the sight of resident Canada geese. (vi) By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of resident Canada geese. (vii) By the aid of baiting, or on or over any baited area, where a person knows or reasonably should know that the area is or has been baited as described in § 20.11(j) and (k) of this part. Resident Canada geese may not be taken on or over lands or areas that are baited areas, and where grain or other feed has been distributed or scattered solely as the result of manipulation of an agricultural crop or other feed on the land where grown, or solely as the result of a normal agricultural operation as described in § 20.11(h) and (l) of this part. However, nothing in this paragraph prohibits the taking of resident Canada geese on or over the following lands or areas that are not otherwise baited areas: (A) Standing crops or flooded standing crops (including aquatics); standing, flooded, or manipulated natural vegetation; flooded harvested croplands; or lands or areas where seeds or grains have been scattered solely as the result of a normal agricultural planting, harvesting, post-harvest manipulation or normal soil stabilization practice as described in § 20.11(g), (i), (l), and (m) of this part; (B) From a blind or other place of concealment camouflaged with natural vegetation; (C) From a blind or other place of concealment camouflaged with vegetation from agricultural crops, as long as such camouflaging does not result in the exposing, depositing, distributing, or scattering of grain or other feed; or (D) Standing or flooded standing agricultural crops where grain is inadvertently scattered solely as a result of a hunter entering or exiting a hunting area, placing decoys, or retrieving downed birds. (E) Participants may not possess shot (either in shotshells or as loose shot for muzzleloading) other than steel shot, bismuth-tin, tungsten-iron, tungsten-polymer, tungsten-matrix, tungsten-nickel iron, or other shots that are authorized in § 20.21(j) of this part. (f) Under what conditions would we suspend the managed take program? (g) What population information is the State or Tribe required to collect concerning the resident Canada goose managed take program? (h) What are the general program conditions and restrictions? (1) Nothing in this section applies to any Federal land within a State's or Tribe's boundaries without written permission of the Federal agency with jurisdiction. (2) States may not undertake any actions under this section if the activities adversely affect other migratory birds or species designated as endangered or threatened under the authority of the Endangered Species Act. Persons operating under this section must immediately report the take of any species protected under the Endangered Species Act to the Service. Further, to protect certain species from being adversely affected by management actions, States must: (i) Follow the Federal State Contingency Plan for the whooping crane; (ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest; and (iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all management activities. (i) Information collection requirements. [71 FR 45992, Aug. 10, 2006, as amended at 72 FR 46409, Aug. 20, 2007; 79 FR 43966, July 29, 2014. Redesignated at 87 FR 883, Jan. 7, 2022; 87 FR 884, Jan. 7, 2022]

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