724 FW 2, Migratory Bird Permits, Fish and Wildlife Service Manual: U.S. Fish and Wildlife Service

724 FW 2
Migratory Bird Permits

FWM#: 428 New (Supersedes 725 FW 1, 07/21/93, FWM 104, and
Director's Order 131, 12/20/00)

Date: August 6, 2003

Series: Migratory Birds

Part 724: Migratory Bird Permits

Originating Office: Division of Migratory Bird Management

2.1 What is the purpose of this chapter? This chapter describes the types and applicability of the various migratory bird permits and the procedures and requirements for obtaining and complying with a permit. As used in this chapter, the term "we" means Fish and Wildlife Service.

2.2 What is the Migratory Bird Treaty Act (MBTA) and what does it cover? The Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703-712) implements the U.S. commitment to four bilateral treaties for the protection of migratory birds. The MBTA applies to activities conducted within the United States (including import to and export from), by any person, business, organization, institution, and any local, State or Federal agency. The United States includes all States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the U.S. Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

2.3 What activities do permits cover? We administer a permit program to regulate certain activities other than hunting that involve migratory birds. We issue permits to qualified applicants for the following types of migratory bird-related activities: import/export, scientific collecting, taxidermy, waterfowl sale and disposal, educational use, game bird propagation, salvage, falconry, raptor propagation, rehabilitation, control of depredating migratory birds, and special purpose activities. The Bird Banding Laboratory, U.S. Geological Survey, issues bird banding permits. The regulations governing permits are located at 50 CFR 21.

2.4 When are permits required? Permits are required to take, possess, transport, sell, purchase, barter, import, or export all species of birds protected by the MBTA, as well as their feathers, parts, nests, or eggs. Take means to pursue, hunt, shoot, wound, kill, tap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect (50 CFR 10.12).

2.5 What species are protected? Birds protected by the MBTA include all birds covered by the treaties for the protection of migratory birds between the United States and Great Britain (on behalf of Canada, 1916), Mexico (1936), Japan (1972), and Russia (1976), and subsequent amendments. The complete list of protected birds is in 50 CFR 10.13. Bald and golden eagles are additionally protected by the Bald and Golden Eagle Protection Act (BGEPA), 16 U.S.C. 668, and its implementing regulations at 50 CFR 22. Except as otherwise noted, the permits addressed in this chapter do not authorize activities involving eagles.

2.6 What items are protected? In addition to live birds belonging to species listed in 50 CFR 10.13, the MBTA requires permits for MBTA-prohibited activities involving any dead specimen, feather, part, nest, or egg of such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird, part, nest, or egg thereof.

2.7 Are there exceptions to permit requirements?

A. General permit exceptions apply to employees of the Department of the Interior authorized to enforce the provisions of the MBTA, pursuant to 50 CFR 21.12.

B. Certain permit exceptions apply to State game agencies, public museums, public zoological parks, accredited institutional members of the American Zoo and Aquarium Association, and public scientific or educational institutions, pursuant to 50 CFR 21.12

C. Captive-reared and properly marked mallard ducks, alive or dead, or their eggs may be acquired, possessed, sold, traded, donated, transported and disposed of without a permit, subject to conditions in 50 CFR 21.13.

D. No permit is necessary to acquire captive-reared, properly marked migratory waterfowl or their eggs, but such waterfowl, other than mallard ducks, may not be sold, traded, or otherwise disposed of to another person (except for direct consumption by restaurants, hotels, clubs, and dealers of meat of game) without a waterfowl sale and disposal permit, pursuant to 50 CFR 21.14.

E. For migratory birds other than eagles and endangered or threatened species, a permit is not required to dislodge or destroy migratory bird nests that are not occupied by juveniles or eggs. However, any such destruction that results in take of any migratory bird is a violation of the MBTA (e.g., where juveniles still depend on the nest for survival). The MBTA requires a permit to collect, possess, transport, sell, purchase, barter, import, or export any non-eagle migratory bird nest, whether or not the nest is occupied by eggs or juveniles. Because additional prohibitions of the BGEPA apply to eagle nests, no one may destroy or dislodge any eagle nest without a permit. The Endangered Species Act (16 U.S.C. 1531-1544) prohibits destruction of nests of threatened and endangered migratory bird species.

F. No permit is required to take, possess, or transport migratory birds for depredation control purposes where such activities are in accordance with a depredation order issued under 50 CFR 21, Subpart D, or a conservation order under Subpart E.

2.8 What types of permits are issued? As provided in 50 CFR 21.21 through 21.41, each Regional Migratory Bird Permit Office issues the following types of migratory bird permits upon approval of a complete permit application:

A. Migratory Bird Import/Export Permit (50 CFR 21.21). Issued to individuals and entities to import and export lawfully acquired migratory birds and their parts, nests, and eggs. No import/export permit is required for: export of captive-bred, properly marked migratory game birds to Canada and Mexico; import of legally hunted waterfowl, doves, and pigeons within the limits established by 50 CFR 20.61; or export and import of raptors to Canada or Mexico for purposes of attending bona fide falconry meets, where such birds are legally held under a Federal falconry permit.

B. Scientific Collecting Permit (50 CFR 21.23). Issued to agencies, educational or scientific institutions, or individuals acting on behalf of an agency or institution, for educational and/or scientific purposes. The permit covers take, transport and possession.

C. Taxidermy Permit (50 CFR 21.24). Issued to persons who possess sufficient qualifications and experience to practice taxidermy. This permit covers possession, transport or sale of migratory birds, and authorizes a taxidermist to receive and temporarily possess for taxidermy purposes, lawfully acquired, properly tagged migratory birds, their parts, nests, or eggs, and return them to their owner.

D. Waterfowl Sale and Disposal Permit (50 CFR 21.21). Issued to waterfowl breeders engaged in commercial sale activities. The permit authorizes the holder to lawfully sell, trade, donate, transfer, or otherwise dispose of captive-reared and properly marked migratory waterfowl and their eggs, except for mallard ducks. No permit is necessary to transfer possession of captive-bred, properly marked mallard ducks.

E. Educational Use Permit (50 CFR 21.27). Issued under Special Purpose permit regulations to persons who use migratory birds in educational programs and exhibits. Permittees must include a conservation or ecological message in all programs and exhibits using migratory birds. The permit does not authorize the use of migratory birds to endorse commercial products or services.

F. Falconry Permit (50 CFR 21.28). Authorizes persons to take, possess, transport, sell, purchase, and barter (includes offer to sell, purchase or barter) raptors for purposes of practicing falconry. Additional banding conditions apply to peregrine falcons, gyrfalcons, and Harris's hawks (50 CFR 21.28). To conduct falconry with golden eagles, the permittee must possess an additional permit under the BGEPA (50 CFR 22.24).

G. Raptor Propagation Permit (50 CFR 21.30). Issued to qualified individuals and institutions that breed raptors. The permit covers take, possession, transportation, sale, purchase, and barter. Requirements include facilities, equipment, and procedures that meet and/or exceed Federal falconry standards (50 CFR 21.29).