cfr_sections
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42 rows where agency = "FWS" and part_number = 21 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 50:50:9.0.1.1.4.1.1.1 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | A | Subpart A—Introduction and General Requirements | § 21.2 Purpose of this part. | FWS | [54 FR 38150, Sept. 14, 1989. Redesignated and amended at 87 FR 880, Jan. 7, 2022] | 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). | |||
| 50:50:9.0.1.1.4.1.1.2 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | A | Subpart A—Introduction and General Requirements | § 21.4 Scope of regulations. | FWS | [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] | (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, no exemption from any statute or regulation shall accrue to any offspring of such migratory birds. (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 ) or the golden eagle ( Aquila chrysaetos ), for which regulations are provided in part 22 of this subchapter: (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 ) and the golden eagle ( 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 ) and the golden eagle ( 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 wi… | |||
| 50:50:9.0.1.1.4.1.1.3 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | A | Subpart A—Introduction and General Requirements | § 21.5 Disqualifying factors. | FWS | [89 FR 107039, Dec. 31, 2024] | 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 to a felony violation of the Lacey Act (18 U.S.C. 42, as amended), the Migratory Bird Treaty Act (16 U.S.C. 703-712), or the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d). (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. | |||
| 50:50:9.0.1.1.4.1.1.4 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | A | Subpart A—Introduction and General Requirements | § 21.6 Definitions. | FWS | [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] | In addition to definitions contained in part 10 of this chapter, and unless the context requires otherwise, as used in this part: Armed Forces means the Army, Navy, Air Force, Marine Corps, Coast Guard, and the National Guard of any State. Bred in captivity or captive-bred refers to raptors, including eggs, hatched in captivity from parents that mated or otherwise transferred gametes in captivity. Captivity means that a live raptor is held in a controlled environment that is intensively manipulated by man for the purpose of producing raptors of selected species, and that has boundaries designed to prevent raptors, eggs or gametes of the selected species from entering or leaving the controlled environment. General characteristics of captivity may include, but are not limited to, artificial housing, waste removal, health care, protection from predators, and artificially supplied food. Conservation measures, as used in § 21.42, means project design or mitigation activities that are reasonable from a scientific, technological, and economic standpoint, and are necessary to avoid, minimize, or mitigate the take of migratory birds or other adverse impacts. Conservation measures should be implemented in a reasonable period of time. Falconry is caring for and training raptors for pursuit of wild game, and hunting wild game with raptors. Falconry includes the taking of raptors from the wild to use in the sport; and caring for, training, and transporting raptors held for falconry. Hacking is the temporary release of a raptor held for falconry to the wild so that it must survive on its own. Humane and healthful conditions means using methods supported by the best available science that minimize fear, pain, stress, and suffering of a migratory bird held in possession. This definition applies during capture, possession (temporary or long term), and transport. Humane and healthful conditions pertain to handling ( e.g., during capture, care, release, restraint, and training), housing (whether temporary, permanen… | |||
| 50:50:9.0.1.1.4.1.1.5 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | A | Subpart A—Introduction and General Requirements | § 21.8 Information collection requirements. | FWS | [87 FR 880, Jan. 7, 2022] | 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). | |||
| 50:50:9.0.1.1.4.1.1.6 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | A | Subpart A—Introduction and General Requirements | § 21.10 General permit requirements. | FWS | [68 FR 43027, July 21, 2003. Redesignated at 87 FR 881, Jan. 7, 2022] | 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. | |||
| 50:50:9.0.1.1.4.2.1.1 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | B | Subpart B—Regulatory Authorizations for Migratory Birds | § 21.12 General exceptions to permit requirements. | FWS | [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] | The following persons or entities under the following conditions are exempt from the permit requirements: (a) Employees of the Department of the Interior (DOI): DOI employees authorized to enforce the provisions of the Migratory Bird Treaty Act of July 3, 1918, as amended (40 Stat. 755; 16 U.S.C. 703-(711), may, without a permit, take or otherwise acquire, hold in custody, transport, and dispose of migratory birds or their parts, nests, or eggs as necessary in performing their official duties. (b) Employees of certain public and private institutions: (1) State game departments, municipal game farms or parks, and public museums, public zoological parks, accredited institutional members of the American Association of Zoological Parks and Aquariums (AAZPA) and public scientific or educational institutions may acquire by gift or purchase, possess, transport, and by gift or sale dispose of lawfully acquired migratory birds or their progeny, parts, nests, or eggs without a permit: Provided, That such birds may be acquired only from persons authorized by this paragraph or by a permit issued pursuant to this part to possess and dispose of such birds, or from Federal or State game authorities by the gift of seized, condemned, or sick or injured birds. Any such birds, acquired without a permit, and any progeny therefrom may be disposed of only to persons authorized by this paragraph to acquire such birds without a permit. Any person exercising a privilege granted by this paragraph must keep accurate records of such operations showing the species and number of birds acquired, possessed, and disposed of; the names and addresses of the persons from whom such birds were acquired or to whom such birds were donated or sold; and the dates of such transactions. Records shall be maintained or reproducible in English on a calendar year basis and shall be retained for a period of five (5) years following the end of the calendar year covered by the records. (2) Employees of Federal, State, and local wildlife and land managem… | |||
| 50:50:9.0.1.1.4.2.1.10 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | B | Subpart B—Regulatory Authorizations for Migratory Birds | § 21.45 Permit exceptions for captive-reared mallard ducks. | FWS | [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] | Captive-reared and properly marked mallard ducks ( Anas platyrhynchos ), alive or dead, or their eggs may be acquired, possessed, sold, traded, donated, transported, and disposed of by any person without a permit, subject to the following conditions, restrictions, and requirements: (a) Nothing in this section shall be construed to permit the taking of live mallard ducks or their eggs from the wild. (b) All mallard ducks possessed in captivity, without a permit, shall have been physically marked by at least one of the following methods prior to 6 weeks of age and all such ducks hatched, reared, and retained in captivity thereafter shall be so marked prior to reaching 6 weeks of age. (1) Removal of the hind toe from the right foot. (2) Pinioning of a wing: Provided, That this method shall be the removal of the metacarpal bones of one wing or a portion of the metacarpal bones which renders the bird permanently incapable of flight. (3) Banding of one metatarsus with a seamless metal band. (4) Tattooing of a readily discernible number or letter or combination thereof on the web of one foot. (c) When so marked, such live birds may be disposed of to, or acquired from, any person and possessed and transferred in any number at any time or place: Provided, That all such birds shall be physically marked prior to sale or disposal regardless of whether or not they have attained 6 weeks of age. (d) When so marked, such live birds may be killed, in any number, at any time or place, by any means except shooting. Such birds may be killed by shooting only in accordance with all applicable hunting regulations governing the taking of mallard ducks from the wild: Provided, That such birds may be killed by shooting, in any number, at any time, within the confines of any premises operated as a shooting preserve under State license, permit, or authorization; or they may be shot, in any number, at any time or place, by any person for bona fide dog training or field trial purposes: Provided further, That the provisions: (… | |||
| 50:50:9.0.1.1.4.2.1.11 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | B | Subpart B—Regulatory Authorizations for Migratory Birds | § 21.47 [Reserved] | FWS | |||||
| 50:50:9.0.1.1.4.2.1.12 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | B | Subpart B—Regulatory Authorizations for Migratory Birds | § 21.48 Permit exceptions for captive-bred migratory waterfowl other than mallard ducks. | FWS | [75 FR 9320, Mar. 1, 2010. Redesignated and amended at 87 FR 881, Jan. 7, 2022] | You may acquire captive-bred and properly marked migratory waterfowl (family Anatidae) of all species other than mallard ducks ( Anas platyrhynchos ), alive or dead, or their eggs, and possess and transport such birds or eggs and any progeny or eggs for your use without a permit, subject to the following conditions and restrictions. Additional restrictions on the acquisition and transfer of muscovy ducks ( Cairina moschata ) are in paragraph (g) of this section. (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 § 21.67 of subpart C of this part). (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 § 21.88 of subpart C of this part). (d) Lawfully possessed and properly marked birds may be killed, in any number, at any time or place, by any means except shooting. Such birds may be killed by shooting only in accordance with all applicable hunting regulations governing the taking of like species from the wild ( see part 20 of this subchapter). (e) At all times during possession, transportation, and storage until the raw carcasses of such birds are finally processed immediately prior to cooking, smoking, or canning, 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 n… | |||
| 50:50:9.0.1.1.4.2.1.2 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | B | Subpart B—Regulatory Authorizations for Migratory Birds | § 21.14 Authorization—birds in buildings. | FWS | [89 FR 107039, Dec. 31, 2024] | (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. Any trapping, handling, transporting, or release of migratory birds must be conducted under humane and healthful conditions as defined in § 21.6. You may not use adhesive traps (such as glue traps) or any other method of capture likely to harm the bird. (2) Release. Any birds removed by trapping must be immediately released to the wild in a humane and healthful manner. However, for any bird that becomes exhausted, ill, injured, or orphaned, you must immediately contact a federally permitted migratory bird rehabilitator and follow the rehabilitator's instructions. (3) Nests. You may remove nests, eggs, and nestlings from the interior of a human-occupied building or structure. When possible, prevent the need for take of occupied nests by waiting until nestlings fledge. You may transport eggs or nestlings to a federally permitted migratory bird rehabilitator, if the rehabilitator recommends that you do so. Otherwise, you may humanely destroy eggs or euthanize nestlings following the American Veterinary Medical Association Guidelines for the Euthanasia of Animals or an equivalent process. (4) Prevention. To the degree feasible, you must prevent birds from reentering buildings or structures by taking such actions as patching … | |||
| 50:50:9.0.1.1.4.2.1.3 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | B | Subpart B—Regulatory Authorizations for Migratory Birds | § 21.16 Authorization—salvage. | FWS | [89 FR 107039, Dec. 31, 2024] | 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. The National Eagle Repository (Repository) is responsible for determining whether salvaged eagle specimens must be sent to the Repository or distributed to others. Eagle specimens include a whole bald eagle or golden eagle (eagle), part of an eagle ( e.g., wing or tail), or feathers. Salvage of any eagle nest or egg in any condition is not authorized. (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. Any person … | |||
| 50:50:9.0.1.1.4.2.1.4 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | B | Subpart B—Regulatory Authorizations for Migratory Birds | § 21.18 Authorization—exhibition use of specimens. | FWS | [89 FR 107040, Dec. 31, 2024] | (a) Scope. For conservation education purposes, qualified public entities are authorized to possess lawfully acquired migratory bird specimens, including whole bird specimens, parts, feathers, inactive nests, and nonviable eggs, as described in the regulations in this section. This authorization does not apply to live birds, viable eggs, or in-use nests. For specimens of bald eagles or golden eagles, see 50 CFR 22.15. Qualified public entities must be: (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. Migratory bird specimens must be acquired from persons authorized by valid permit or regulatory authorization to possess and donate them. You are responsible for ensuring specimens were legally acquired. (c) Disposition. You may dispose of migratory bird specimens by donating them to any person or entity authorized to receive them under a valid permit or regulatory authorization. Otherwise, you must dispose of migratory bird specimens by destruction in accordance with Federal, Tribal, State, Territorial, or local laws and ordinances. (d) Possession. Each migratory bird specimen must remain tagged with the species, date, location, name of the donor, and donor's authorization for acquisition ( e.g., permit number or CFR citation of the applicable regulatory authorization, e.g., 50 CFR 21.16). Specimen tags may be temporarily removed during educational programs. Migratory bird specimens may be taxidermied by a federally permitted taxidermist (§ 21.63), or by employees or volunteers of your organization, as part of their official duties. (e) Educational programs. Migratory bird specimens must be used for public conservation education programs or held for public archival purposes. Specimens held for archival purposes must be properly archived and rea… | |||
| 50:50:9.0.1.1.4.2.1.5 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | B | Subpart B—Regulatory Authorizations for Migratory Birds | § 21.22 Authorization—licensed veterinarians. | FWS | [89 FR 107041, Dec. 31, 2024] | (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 locat… | |||
| 50:50:9.0.1.1.4.2.1.6 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | B | Subpart B—Regulatory Authorizations for Migratory Birds | § 21.32 Authorization—mortality events. | FWS | [89 FR 107041, Dec. 31, 2024] | (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 g… | |||
| 50:50:9.0.1.1.4.2.1.7 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | B | Subpart B—Regulatory Authorizations for Migratory Birds | § 21.34 Authorization—natural resource agency employees. | FWS | [89 FR 107041, Dec. 31, 2024] | (a) Authorized activities. While performing official duties, employees of Federal, State, Territorial, and federally recognized Tribal natural resource agencies may conduct the following activities without a permit: (1) Salvage. Natural resource agency employees may salvage migratory bird specimens found dead in accordance with the salvage authorization (§ 21.16). (2) Exhibition use. Natural resource agency employees may possess migratory bird specimens for conservation education programs in accordance with the authorizations for exhibition use of specimens (§ 21.18) and the exhibition use of eagle specimens (50 CFR 22.15). Additional authorization under this part 21 and part 22 of this subchapter B is required to possess live birds, viable eggs, or in-use nests for exhibition use. (3) Transport. Natural resource agency employees may transport sick, injured, or orphaned birds in accordance with § 21.76(a). If transport is not feasible within 24 hours, employees must follow the instructions of a federally permitted migratory bird rehabilitator to provide supportive care, retain in an appropriate enclosure for up to 72 hours, or euthanize the birds. (4) Relocate. Natural resource agency employees may trap and relocate migratory birds, nests, eggs, and chicks in accordance with § 21.14. Employees are authorized to conduct these activities either to remove birds from structures or whenever birds or humans are at risk if birds are not relocated. Additional authorization is required for bald eagles, golden eagles, or migratory birds on the List of Endangered and Threatened Wildlife (50 CFR 17.11). (b) Volunteers and contractors. Individuals under the direct supervision of an agency employee ( e.g., volunteers or agents under contract to the agency) may, within the scope of their official duties, conduct the activities authorized by this authorization. An authorized individual must have a designation letter from the agency describing the activities that may be conducted by the individual and any date a… | |||
| 50:50:9.0.1.1.4.2.1.8 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | B | Subpart B—Regulatory Authorizations for Migratory Birds | § 21.40 Authorization—law enforcement personnel. | FWS | [89 FR 107042, Dec. 31, 2024] | (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. | |||
| 50:50:9.0.1.1.4.2.1.9 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | B | Subpart B—Regulatory Authorizations for Migratory Birds | § 21.42 Authorization of take incidental to military readiness activities. | FWS | [72 FR 8949, Feb. 28, 2007. Redesignated at 87 FR 881, Jan. 7, 2022] | (a) Take authorization and monitoring. (1) Except to the extent authorization is withdrawn or suspended pursuant to paragraph (b) of this section, the Armed Forces may take migratory birds incidental to military readiness activities provided that, for those ongoing or proposed activities that the Armed Forces determine may result in a significant adverse effect on a population of a migratory bird species, the Armed Forces must confer and cooperate with the Service to develop and implement appropriate conservation measures to minimize or mitigate such significant adverse effects. (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. (1) If the Secretary determines, after seeking the views of the Secretary of Defense and consulting with the Secretary of State, that incidental take of migratory birds during a specific military readiness activity likely would not be compatible with one or more of the migratory bird treaties, the Secretary will suspend authorization of the take associated with that activity. (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: … | |||
| 50:50:9.0.1.1.4.3.1.1 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | C | Subpart C—Specific Permit Provisions | § 21.63 Taxidermist permits. | FWS | [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] | (a) Permit requirement. A taxidermist permit is required before any person may perform taxidermy services on migratory birds or their parts, nests, or eggs for any person other than himself. (b) Application procedures. Submit application for taxidermist permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information: (1) The address of premises where taxidermist services will be provided; (2) A statement of the applicant's qualifications and experience as a taxidermist; and (3) If a State permit is required by State law, a statement as to whether or not the applicant possesses such State permit, giving its number and expiration date. (c) Permit authorizations. A permit authorizes a taxidermist to: (1) Receive, transport, hold in custody or possession, mount or otherwise prepare, migratory birds, and their parts, nests, or eggs, and return them to another. (2) Sell properly marked, captive-reared migratory waterfowl (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. In addition to the general conditions set forth in part 13 of this subchapter B, taxidermist permits shall be subject to the following conditions: (1) Permittees must keep accurate records of operations, on a calendar year basis, showing the names and addresses of persons from and to whom migratory birds or their parts, nests, or eggs were received or delivered, the number and species of such, and the dates of receipt and delivery. In addition to the other records required by this paragraph, the permittee must maintain in his files, the original of the completed Form 3-186, Notice of Transfer or Sale of Migratory Waterfowl, confi… | |||
| 50:50:9.0.1.1.4.3.1.2 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | C | Subpart C—Specific Permit Provisions | § 21.67 Import and export permits. | FWS | [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] | (a) Permit requirement. Except as provided in paragraphs (b), (c), and (d) of this section, you must have a permit to import or export migratory birds, their parts, nests, or eggs. You must meet the applicable permit requirements of the following parts of this subchapter B, even if the activity is exempt from a migratory bird import or export permit: (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. If you comply with the requirements of parts 14, 20, and 23 of this subchapter B, you do not need a migratory bird permit to import or possess migratory birds in the families Anatidae, Columbidae, Gruidae, Rallidae, and Scolopacidae for personal use that were lawfully hunted by you in a foreign country. The birds may be carcasses, skins, or mounts. You must provide evidence that you lawfully took the bird or birds in, and exported them from, the country of origin. This evidence must include a hunting license and any export documentation required by the country of origin. You must keep these documents with the imported bird or birds permanently. (c) General exceptions to the export permit requirements. You do not need a migratory bird export permit to: (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… | |||
| 50:50:9.0.1.1.4.3.1.3 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | C | Subpart C—Specific Permit Provisions | § 21.70 Banding or marking permits. | FWS | [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] | (a) Permit requirement. A banding or marking permit is required before any person may capture migratory birds for banding or marking purposes or use official bands issued by the Service for banding or marking any migratory bird. (b) Application procedures. Applications for banding or marking permits shall be submitted by letter of application addressed to the Bird Banding Laboratory, U.S. Geological Survey, Laurel, Maryland 20708. Each such application shall contain the general information and certification set forth by § 13.12(a) of this subchapter plus the following additional information: (1) Species and numbers proposed to be banded or marked; (2) Purpose of banding or marking; (3) State or States in which authorization is requested; and (4) Name and address of the public, scientific, or educational institution to which any specimens will be donated that are salvaged pursuant to paragraphs (c) (3) and (4) of this section. (c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B, banding or marking permits shall be subject to the following conditions: (1) The banding of migratory birds shall only be by official numbered leg bands issued by the Service. The use of any other band, clip, dye, or other method of marking is prohibited unless specifically authorized in the permit. (2) All traps or nets used to capture migratory birds for banding or marking purposes shall have attached thereto a tag or label clearly showing the name and address of the permittee and his permit number, or the area in which such traps or nets are located must be posted with notice of banding operations posters (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 r… | |||
| 50:50:9.0.1.1.4.3.1.4 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | C | Subpart C—Specific Permit Provisions | § 21.73 Scientific collecting permits. | FWS | [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] | (a) Permit requirement. A scientific collecting permit is required before any person may take, transport, or possess migratory birds, their parts, nests, or eggs for scientific research or educational purposes. (b) Application procedures. Submit applications for scientific permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information: (1) Species and numbers of migratory birds or their parts, nests, or eggs to be taken or acquired when it is possible to determine same in advance; (2) Location or locations where such scientific collecting is proposed; (3) Statement of the purpose and justification for granting such a permit, including an outline of any research project involved; (4) Name and address of the public, scientific, or educational institution to which all specimens ultimately will be donated; and (5) If a State permit is required by State law, a statement as to whether or not the applicant possesses such State permit, giving its number and expiration date. (c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B, scientific collecting permits shall be subject to the following conditions: (1) All specimens taken and possessed under authority of a scientific collecting permit must be donated and transferred to the public scientific, or educational institution designated in the permit application within 60 days following the date such permit expires or is revoked, unless the permittee has been issued a special purpose permit (See § 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… | |||
| 50:50:9.0.1.1.4.3.1.5 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | C | Subpart C—Specific Permit Provisions | § 21.76 Rehabilitation permits. | FWS | [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] | (a) What is the permit requirement? Except as provided in § 21.22, a rehabilitation permit is required to take, temporarily possess, or transport any migratory bird for rehabilitation purposes. However, any person who finds a sick, injured, or orphaned migratory bird may, without a permit, take possession of the bird for immediate transport to a permitted rehabilitator or licensed veterinarian. (b) What are the general permit provisions? (1) The permit authorizes you to: (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? You must apply to the appropriate Regional Director—Attention Migratory Bird Permit Office. You can find addresses for the appropriate Regional Directors in § 2.2 of subchapter A of this chapter. Your application package must consist of the following: (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 be… | |||
| 50:50:9.0.1.1.4.3.1.6 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | C | Subpart C—Specific Permit Provisions | § 21.82 Falconry standards and falconry permitting. | FWS | [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] | (a) Background —(1) The legal basis for regulating falconry. The Migratory Bird Treaty Act prohibits any person from taking, possessing, purchasing, bartering, selling, or offering to purchase, barter, or sell, among other things, raptors (birds of prey) listed in § 10.13 of this subchapter unless the activities are allowed by Federal permit issued under this part and part 13 of this chapter, or as permitted by regulations in this part. (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 ) from the wild to use in falconry. It specifies that the only golden eagles that may be taken from the wild for falconry are those that would be taken because of depredations on livestock or wildlife (16 U.S.C. 668a). (2) “ Possession” and short-term handling of a falconry raptor. We do not consider short-term handling, such as letting any other person hold or practice flying a raptor you possess under your permit, to be possession for the purposes of this section if you are present and the person is under your supervision. (3) Regulatory year for governing falconry. For determining possession and take of raptors for falconry, a year is any 12-month period for take defined by the State, tribe, or territory. (b) Federal approval of State, tribal, and territorial falconry programs —(1) General. (i) A State (including the District of Columbia), tribe, or territory under the jurisdiction of the United States that wishes to allow falconry must establish laws and regulations (hereafter referred to as laws) that meet the standards established in this section. To allow the practice of falconry on tribal lands by tr… | |||
| 50:50:9.0.1.1.4.3.1.7 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | C | Subpart C—Specific Permit Provisions | 21.85 Raptor propagation permitting. | FWS | [76 FR 29667, May 23, 2011. Redesignated and amended at 87 FR 881, 882, Jan. 7, 2022; 89 FR 107042, Dec. 31, 2024] | (a) Legal basis for regulating raptor propagation. (1) Among other actions, the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703 et seq. ) prohibits any person from capturing from the wild, possessing, purchasing, bartering, selling, or offering to purchase, barter, or sell raptors (vultures, kites, eagles, hawks, caracaras, falcons, and owls) listed in § 10.13 of this chapter unless the activities are allowed by Federal permit issued pursuant to this part and part 13 of this chapter, or as permitted by regulations in this part. (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 ) nor golden eagles ( Aquila chrysaetos ) may be propagated under these regulations or any other permit regulation listed in part 21 of this chapter. (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. If you have a raptor propagation permit, you may attempt to propagate any species of raptor listed in § 10.13 of this chapter, with the following exceptions: (1) You may not propagate bald eagles ( Haliaeetus leucocephalus ) or golden eagles ( Aquila chrysaetos ) under a raptor propagation per… | |||
| 50:50:9.0.1.1.4.3.1.8 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | C | Subpart C—Specific Permit Provisions | § 21.88 Waterfowl sale and disposal permits. | FWS | [75 FR 9320, Mar. 1, 2010. Redesignated and amended at 87 FR 881, 882, Jan. 7, 2022] | (a) Permit requirement. You must have a waterfowl sale and disposal permit before you may lawfully sell, trade, donate, or otherwise dispose of most species of captive-reared and properly marked migratory waterfowl (family Anatidae) or their eggs. You do not need a permit to sell or dispose of properly marked captive-reared mallard ducks ( Anas platyrhynchos ) or their eggs. (b) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B, waterfowl sale and disposal permits are subject to the following 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 … | |||
| 50:50:9.0.1.1.4.3.1.9 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | C | Subpart C—Specific Permit Provisions | § 21.95 Special purpose permits. | FWS | [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] | 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. A special purpose permit is required before any person may lawfully take, salvage, otherwise acquire, transport, or possess migratory birds, their parts, nests, or eggs for any purpose not covered by the standard form permits of this part. In addition, a special purpose permit is required before any person may sell, purchase, or barter captive-bred, migratory game birds (see 50 CFR 20.11(a)), other than waterfowl, that are marked in compliance with § 21.45(b) of this part. (b) Application procedures. Submit application for special purpose permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information: (1) A detailed statement describing the project or activity which requires issuance of a permit, purpose of such project or activity, and a delineation of the area in which it will be conducted. (Copies of supporting documents, research proposals, and any necessary State permits should accompany the application); (2) Numbers and species of migratory birds involved where same can reasonably be determined in advance; and (3) Statement of disposition which will be made of migratory birds involved in the permit activity. (c) Additional permi… | |||
| 50:50:9.0.1.1.4.4.1.1 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.100 Depredation permits. | FWS | [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] | (a) Permit requirement. Except as provided in §§ 21.150, 21.153, and 21.156, a depredation permit is required before any person may take, possess, or transport migratory birds for depredation control purposes. No permit is required merely to scare or herd depredating migratory birds other than endangered or threatened species or bald or golden eagles. (b) Application procedures. Submit application for depredation permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information: (1) A description of the area where depredations are occurring; (2) The nature of the crops or other interests being injured; (3) The extent of such injury; and (4) The particular species of migratory birds committing the injury. (c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B, depredation permits shall be subject to requires, in this section: (1) Permittees may not kill migratory birds unless specifically authorized on the permit. (2) Unless otherwise specifically authorized, when permittees are authorized to kill migratory birds they may do so only with a shotgun not larger than No. 10 gauge fired from the shoulder, and only on or over the threatened area or area described on the permit. (3) Permittees may not use blinds, pits, or other means of concealment, decoys, duck calls, or other devices to lure or entice birds within gun range. (4) All migratory birds killed shall be retrieved by the permittee and turned over to a Bureau representative or his designee for disposition to charitable or other worthy institutions for use as food, or otherwise disposed of as provided by law. (5) Only persons named on the permit are authorized to act as agents of the permittee under authority of the permit. (d) Tenure of permits.… | |||
| 50:50:9.0.1.1.4.4.1.10 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.168 Public health control order for resident Canada geese. | FWS | [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] | (a) Which Canada geese are covered by this order? This regulation addresses the control and management of resident Canada geese ( Branta canadensis ), as defined in § 21.6. (b) What is the public health control order for resident Canada geese, and what is its purpose? The public health control order for resident Canada geese authorizes States, Tribes, and the District of Columbia, via the State or Tribal wildlife agency, to conduct resident Canada goose control and management activities including direct control strategies such as trapping and relocation, nest and egg destruction, gosling and adult trapping and culling programs, or other lethal and non-lethal wildlife damage-management strategies when resident Canada geese are posing a direct threat to human health. (c) What is a direct threat to human health? A direct threat to human health is one where a Federal, State, Tribal, or local public health agency has determined that resident Canada geese pose a specific, immediate human health threat by creating conditions conducive to the transmission of human or zoonotic pathogens. The State or Tribe may not use this control order for situations in which resident Canada geese are merely causing a nuisance. (d) Who may participate in the program? Only State and Tribal wildlife agencies in the lower 48 States and the District of Columbia (or their employees or agents) may conduct and implement the various components of the public health control order for resident Canada geese. (e) What are the restrictions of the public health depredation order for resident Canada geese? The public health control order for resident Canada geese is subject to the following restrictions: (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 a… | |||
| 50:50:9.0.1.1.4.4.1.11 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.171 Control order for purple swamphens. | FWS | [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] | (a) Control of purple swamphens. Federal, State, Tribal, and local wildlife management agencies, and their tenants, employees, or agents may remove or destroy purple swamphens ( Porphyrio porphyrio ) or their nests or eggs at any time when they find them anywhere in the contiguous United States, Hawaii, Alaska, the Commonwealth of Puerto Rico, or the U.S. Virgin Islands. Any authorized agency personnel may temporarily possess, transport, and dispose of purple swamphens, subject to the restrictions in paragraph (c) of this section. No permit is necessary to engage in these actions. (b) Disposal of purple swamphens. If you are authorized to control purple swamphens, you may dispose of purple swamphens by the following methods: You may donate purple swamphens taken under this order to public museums or public institutions for scientific or educational purposes; you may dispose of the carcasses by burial or incineration; or, if the carcasses are not readily retrievable, you may leave them in place. No one may retain for personal use, offer for sale, or sell a purple swamphen removed under this section. (c) Other provisions. (1) You may not remove or destroy purple swamphens or their nests or eggs if doing so is contrary to any State, territorial, tribal, or local laws or regulations. (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 ). Authorized persons must take special care not to take purple gallinules or their nests or eggs when conducting purple swamphen control activities. (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 End… | |||
| 50:50:9.0.1.1.4.4.1.12 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.174 Control order for Muscovy ducks in the United States. | FWS | [75 FR 9321, Mar. 1, 2010. Redesignated at 87 FR 882, Jan. 7, 2022; 87 FR 883, Jan. 7, 2022] | (a) Control of Muscovy ducks. Anywhere in the contiguous United States except in Hidalgo, Starr, and Zapata Counties in Texas, and in Alaska, Hawaii, and U.S. territories and possessions, landowners and Federal, State, Tribal, and local wildlife management agencies, and their tenants, employees, or agents may, without a Federal permit, remove or destroy Muscovy ducks ( Cairina moschata ) (including hybrids of Muscovy ducks), or their nests, or eggs at any time when found. Any authorized person may temporarily possess, transport, and dispose of Muscovy ducks taken under this order. (b) Muscovy ducks in Hidalgo, Starr, and Zapata Counties in Texas. In these counties, take of Muscovy ducks, their nests, and their eggs may be allowed if we issue a depredation permit for the activity. (c) Disposal of Muscovy ducks. You may donate Muscovy ducks taken under this order to public museums or public institutions for scientific or educational purposes, or you may dispose of them by burying or incinerating them. You may not retain for personal use or consumption, offer for sale, or sell a Muscovy duck removed under authority of this section, nor may you release it in any other location. (d) Other provisions. (1) You must comply with any State, territorial, or Tribal laws or regulations governing the removal or destruction of Muscovy ducks or their nests or eggs. (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 wh… | |||
| 50:50:9.0.1.1.4.4.1.13 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.177 Control order for invasive migratory birds in Hawaii. | FWS | [82 FR 34425, July 25, 2017. Redesignated at 87 FR 882, Jan. 7, 2022] | (a) Control of cattle egrets and barn owls. Personnel of the agencies listed in paragraph (b) of this section may take cattle egrets ( Bubulcus ibis ) or barn owls ( Tyto alba ) using the methods authorized in paragraph (c) of this section at any time anywhere in the State of Hawaii, the Northwestern Hawaiian Islands, or the unincorporated territory of Midway Atoll. No permit is necessary to engage in these actions. In this section, the word “you” means a person operating officially as an employee of one of the authorized agencies. (b) Authorized agencies. (1) Federal Aviation Administration; (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. (1) You may take cattle egrets and barn owls by means of lethal take or active nest take. Lethal take may occur by firearm or slingshot in accordance with paragraph (c)(2) of this section or lethal or live traps. Active nest take may occur by egg oiling in accordance with paragraph (c)(3) of this section or destruction of nest material and contents (including viable eggs and chicks). Birds may be euthanized by cervical dislocation, CO 2 asphyxiation, or other recommended method in the American Veterinary Medical Association Guidelines on Euthanasia. (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 … | |||
| 50:50:9.0.1.1.4.4.1.14 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.180 Conservation order for light geese. | FWS | [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] | (a) What is a conservation order? A conservation order is a special management action that is needed to control certain wildlife populations when traditional management programs are unsuccessful in preventing overabundance of the population. We are authorizing a conservation order under the authority of the Migratory Bird Treaty Act to reduce and stabilize various light goose populations. The conservation order allows new methods of taking light geese, allows shooting hours for light geese to end one-half hour after sunset, and imposes no daily bag limits for light geese inside or outside the migratory bird hunting season frameworks as described in this section. (b) Which waterfowl species are covered by the order? The conservation order addresses management of greater snow ( Anser caerulescens atlantica ), lesser snow ( A. c. caerulescens ), and Ross's ( C. rossii ) geese that breed, migrate, and winter in North America. The term light geese refers collectively to greater and lesser snow geese and Ross's geese. (c) Where can the conservation order be authorized? The Director can authorize the conservation order in these areas: (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 Wyom… | |||
| 50:50:9.0.1.1.4.4.1.15 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.183 Population control of resident Canada geese. | FWS | [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] | (a) Which Canada geese are covered by this regulation? This regulation addresses the population control of resident Canada geese ( Branta canadensis ), as defined in § 21.6. (b) What is the resident Canada goose population control program, and what is its purpose? The resident Canada goose population control program is a managed take program implemented under the authority of the Migratory Bird Treaty Act to reduce and stabilize resident Canada goose populations when traditional and otherwise authorized management measures are unsuccessful, not feasible for dealing with, or applicable, in preventing injury to property, agricultural crops, public health, and other interests from resident Canada geese. The Director is authorized to allow States and Tribes to implement a population control, or managed take, program to remedy these injuries. When authorized by the Director, managed take allows additional methods of taking resident Canada geese, allows shooting hours for resident Canada geese to extend to one-half hour after sunset, and removes daily bag limits for resident Canada geese inside or outside the migratory bird hunting season frameworks as described in this section. The intent of the program is to reduce resident Canada goose populations in order to protect personal property and agricultural crops and other interests from injury and to resolve potential concerns about human health. The management and control activities allowed or conducted under the program are intended to relieve or prevent damage and injurious situations. No person should construe this program as opening, reopening, or extending any hunting season contrary to any regulations established under section 3 of the Migratory Bird Treaty Act. (c) What areas are eligible to participate in the program? When approved by the Director, the State and Tribal wildlife agencies of Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, M… | |||
| 50:50:9.0.1.1.4.4.1.2 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.120 Special Canada goose permit. | FWS | [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] | (a) What is the special Canada goose permit and what is its purpose? The special Canada goose permit is a permit issued by us to a State wildlife agency authorizing certain resident Canada goose ( Branta canadensis ) management and control activities that are normally prohibited. We will only issue such a permit when it will contribute to human health and safety, protect personal property, or allow resolution or prevention of injury to people or property. The management and control activities conducted under the permit are intended to relieve or prevent injurious situations only. No person should construe the permit as opening, reopening, or extending any hunting season contrary to any regulations established under Section 3 of the Migratory Bird Treaty Act. (b) Who may receive a permit? Only State wildlife agencies (State) are eligible to receive a permit to undertake the various goose management and control activities. Additionally, only employees or designated agents of a permitted State wildlife agency may undertake activities for injurious resident Canada geese in accordance with the conditions specified in the permit, conditions contained in 50 CFR part 13, and conditions specified in paragraph (d) of this section. (c) How does a State apply for a permit? Any State wildlife agency wishing to obtain a permit must submit an application (Form 3-200-6) to the appropriate Regional Director (see § 13.11(b) of this subchapter) containing the general information and certification required by § 13.12(a) of this subchapter plus the following information: (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 e… | |||
| 50:50:9.0.1.1.4.4.1.3 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.123 Special double-crested cormorant permit. | FWS | [85 FR 85555, Dec. 29, 2020. Redesignated and amended at 87 FR 881, 882, Jan. 7, 2022; 88 FR 49355, July 31, 2023] | (a) What is the special double-crested cormorant permit, and what is its purpose? The special double-crested cormorant ( Nannopterum auritum ) permit is a permit issued by the Service to State or Tribal fish and wildlife agencies that authorizes specific take activities that are normally prohibited and are intended to relieve or prevent impacts from cormorants on lands or in waters managed by those agencies and within those agencies' jurisdiction. We will issue such a permit only when we determine that an application submitted by a State or Tribal fish and wildlife agency meets the requirements set forth in paragraph (c) of this section. The take activities conducted under the permit are intended to reduce or prevent conflicts associated with cormorants for the following concerns: (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., collisions of airplanes with birds, fecal contamination of urban wetlands); (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. ), and species identified in State- or Tribal-specific legislation as threatened or endangered) or those listed as Species of Greatest Conservation Need in State Wildlife Action Plans, where take activities to prevent depredation on aquatic Species of Greatest Conservation Need may occur only in natural or public waters; (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? Only State and Tribal fish and wildlife agencies are eligible to receive a permit to undertake management and take activities. Additionally, only employees or subpermittees of a permitted State or Tribal fish and wildlife agency designated on the permit a… | |||
| 50:50:9.0.1.1.4.4.1.4 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.150 Depredation order for blackbirds, cowbirds, crows, grackles, and magpies. | FWS | [79 FR 65601, Nov. 5, 2014. Redesignated and amended at 87 FR 882, Jan. 7, 2022] | (a) Species covered. (b) Conditions under which control is allowed by private citizens. You do not need a Federal permit to control the species listed in paragraph (a) of this section in the following circumstances: (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. You do not need a Federal permit to control the species listed in paragraph (a) of this section in the following circumstances: (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 m… | |||
| 50:50:9.0.1.1.4.4.1.5 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.153 Depredation order for horned larks, house finches, and white-crowned sparrows in California. | FWS | [78 FR 65581, Nov. 1, 2013. Redesignated and amended at 87 FR 882, 883, Jan. 7, 2022] | Horned larks ( Eremophila alpestris ), house finches ( Haemorhous mexicanus ), and white-crowned sparrows ( Zonotrichia leucophrys ) may be taken in Fresno, Merced, Napa, and Sonoma Counties in California if they are depredating on agricultural or horticultural crops. Take of birds under this order must be done under the supervision of the county agriculture commissioner. You do not need a Federal permit for this depredation control as long as you meet the conditions below, but a depredation permit (see § 21.100 in this subpart) is required for take of other migratory bird species, or for take of horned larks or white-crowned sparrows from May 1 through October 31. (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. Each season, before lethal control may be undertaken, the landowner must attempt to use nonlethal control of migratory bird depredation as recommended by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services. The county agriculture commissioner must confirm that nonlethal measures have been undertaken to control or eliminate the problem prior to the landowner using lethal control. (c) Ammunition. Except when using an air rifle or an air pistol, if firearms are used to kill migratory birds under the provisions of this regulation, the shooter must use nontoxic shot or nontoxic bullets to do so. See § 20.21(j) of this chapter for a listing of approved nontoxic shot types. (d) Disposition of carcasses. Specimens useful for scientific purposes may be transferred to any entity authorized to possess them. If not transferred, all carcasses of birds killed under this order must be buried or otherwise destroyed. None of the above migratory birds killed, or the parts thereof, or the plumage of such birds, may be sold or removed from the area where killed. (e) Annual report. Any … | |||
| 50:50:9.0.1.1.4.4.1.6 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.156 Depredation order for depredating California scrub jays and Steller's jays in Washington and Oregon. | FWS | [39 FR 31326, Aug. 28, 1974, as amended at 84 FR 45924, Sept. 3, 2019. Redesignated at 87 FR 882, Jan. 7, 2022] | 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 ) and Steller's jays ( Cyanocitta stelleri ) when found committing or about to commit serious depredations to nut crops on the premises owned or occupied by such persons: Provided: (a) That 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, That the Director of the State agricultural department, college, or other public institution may requisition such California scrub jays and Steller's jays killed as may be needed for scientific investigations. (c) That such birds may be taken only by trapping or shooting and on areas where serious depredations are being or are about to be committed. (d) That any person exercising any of the privileges granted by this section shall permit at all reasonable times, including during actual operations, any Federal or State game or deputy game agent, warden, protector, or other law enforcement officer free and unrestricted access over the premises on which such operations have been or are being conducted; and shall furnish promptly to such officer whatever information he may require, concerning said operations. (e) That nothing in this section shall be construed to authorize the killing of such migratory birds contrary to any State laws or regulations; and that none of the privileges granted under this section shall be exercised unless the person p… | |||
| 50:50:9.0.1.1.4.4.1.7 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.159 Control order for resident Canada geese at airports and military airfields. | FWS | [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] | (a) Which Canada geese are covered by this order? This regulation addresses the control and management of resident Canada geese ( Branta canadensis ), as defined in § 21.6. (b) What is the control order for resident Canada geese at airports, and what is its purpose? The airport control order authorizes managers at commercial, public, and private airports (airports) (and their employees or their agents) and military air operation facilities (military airfields) (and their employees or their agents) to establish and implement a control and management program when necessary to resolve or prevent threats to public safety from resident Canada geese. Control and management activities include indirect and/or direct control strategies such as trapping and relocation, nest and egg destruction, gosling and adult trapping and culling programs, or other lethal and non-lethal control strategies. (c) Who may participate in the program? To be designated as an airport that is authorized to participate in this program, an airport must be part of the National Plan of Integrated Airport Systems and have received Federal grant-in-aid assistance, or a military airfield, meaning an airfield or air station that is under the jurisdiction, custody, or control of the Secretary of a military department. Only airports and military airfields in the lower 48 States and the District of Columbia are eligible to conduct and implement the various resident Canada goose control and management program components. (d) What are the restrictions of the control order for resident Canada geese at airports and military airfields? The airport control order for resident Canada geese is subject to the following restrictions: (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… | |||
| 50:50:9.0.1.1.4.4.1.8 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.162 Depredation order for resident Canada geese nests and eggs. | FWS | [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] | (a) Which Canada geese are covered by this order? This regulation addresses the control and management of resident Canada geese ( Branta canadensis ), as defined in § 21.6. (b) What is the depredation order for resident Canada geese nests and eggs, and what is its purpose? The nest and egg depredation order for resident Canada geese authorizes private landowners and managers of public lands (landowners); homeowners' associations; and village, town, municipality, and county governments (local governments); and the employees or agents of any of these persons or entities to destroy resident Canada goose nests and eggs on property under their jurisdiction when necessary to resolve or prevent injury to people, property, agricultural crops, or other interests. (c) Who may participate in the depredation order? Only landowners, homeowners' associations, and local governments (and their employees or their agents) in the lower 48 States and the District of Columbia are eligible to implement the resident Canada goose nest and egg depredation order. (d) What are the restrictions of the depredation order for resident Canada goose nests and eggs? The resident Canada goose nest and egg depredation order is subject to the following restrictions: (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. Landowners, homeowners' associations, and local governments (collectively termed “registrants”) must also register each employee or agent working on their behalf. Once registered, registrants and agents will be authorized to act under the depredation order. (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 exem… | |||
| 50:50:9.0.1.1.4.4.1.9 | 50 | Wildlife and Fisheries | I | B | 21 | PART 21—MIGRATORY BIRD PERMITS | D | Subpart D—Provisions for Depredating, Overabundant, or Otherwise Injurious Birds | § 21.165 Depredation order for resident Canada geese at agricultural facilities. | FWS | [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] | (a) Which Canada geese are covered by this order? This regulation addresses the control and management of resident Canada geese ( Branta canadensis ), as defined in § 21.6. (b) What is the depredation order for resident Canada geese at agricultural facilities, and what is its purpose? The depredation order for resident Canada geese at agricultural facilities authorizes States and Tribes, via the State or Tribal wildlife agency, to implement a program to allow landowners, operators, and tenants actively engaged in commercial agriculture (agricultural producers) (or their employees or agents) to conduct direct damage management actions such as nest and egg destruction, gosling and adult trapping and culling programs, or other lethal and non-lethal wildlife-damage management strategies on resident Canada geese when the geese are committing depredations to agricultural crops and when necessary to resolve or prevent injury to agricultural crops or other agricultural interests from resident Canada geese. (c) Who may participate in the depredation order? State and Tribal wildlife agencies in the following States may authorize agricultural producers (or their employees or agents) to conduct and implement various components of the depredation order at agricultural facilities in the Atlantic, Central, and Mississippi Flyway portions of these States: Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming. (d) What are the restrictions of the depredation order for resident Canada geese at agricultural facilities? The depredation order for resident Canada geese at agricultural facilities is subject to the following restrictions: … |
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