2005 Federal Register; 70 FR 6978; Centralized Library: U.S. Fish and Wildlife Service

[Federal Register: February 9, 2005 (Volume 70, Number 26)]
[Proposed Rules]
[Page 6977-6992]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe05-20]

[[Page 6977]]

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Part III

Department of the Interior

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Fish and Wildlife Service

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50 CFR Parts 21 and 22

Migratory Bird Permits; Changes in the Regulations Governing Falconry;
Notice of Intent To Prepare an Environmental Assessment for Falconry
and Raptor Propagation Activities; Proposed Rule and Notice

[[Page 6978]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 21 and 22

RIN 1018-AG11

Migratory Bird Permits; Changes in the Regulations Governing
Falconry

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (we or us) proposes changes
in the regulations governing the practice of falconry in the United
States. We propose reorganization of the current regulations. We have
added or changed some provisions in the current regulations. The
changes are intended to make it easier to understand the requirements
for the practice of falconry, including take of birds from the wild,
and the procedures for obtaining a falconry permit. We also propose
changes to simplify or clarify those regulations, or to change them as
necessary to accompany the changes in the falconry regulations. This
rule also adds a provision to approve falconry regulations adopted or
established by Indian Tribes.

DATES: Send comments on this proposal by May 10, 2005.

ADDRESSES: You may submit comments, identified by RIN 1018-AG11, by any
of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.
Agency Web site: http://migratorybirds.fws.gov. Follow the

links to submit a comment.
E-mail address for comments: FalconryRegulations@fws.gov.
Include RIN number 1018-AG11 in the subject line of the message.
Fax: 703-358-2217.
Mail: Chief, Division of Migratory Bird Management, U.S.
Fish and Wildlife Service, 4401 North Fairfax Drive, Mail Stop MBSP-
4107, Arlington, Virginia 22203-1610.
Hand Delivery: Division of Migratory Bird Management, U.S.
Fish and Wildlife Service, 4501 North Fairfax Drive, Room 4091,
Arlington, Virginia 22203-1610.
Instructions: All submissions received must include Regulatory
Information Number (RIN) 1018-AG11 at the beginning. All comments
received, including any personal information provided, will be
available for public inspection at the address given above for hand
delivery of comments. For detailed instructions on submitting comments
and additional information on the rulemaking process, see the ``Public
Participation'' heading in the SUPPLEMENTARY INFORMATION section of
this document.

FOR FURTHER INFORMATION CONTACT: Brian Millsap, Chief, Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, 703-358-
1714, or Dr. George T. Allen, Wildlife Biologist, 703-358-1825.

SUPPLEMENTARY INFORMATION:

Background

The Fish and Wildlife Service is the Federal agency with the
primary responsibility for managing migratory birds. Our authority is
based on the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703 et seq.),
which implements conventions with Great Britain (for Canada), Mexico,
Japan, and the Soviet Union (Russia). Raptors (birds of prey) are
afforded Federal protection by the 1972 amendment to the Convention for
the Protection of Migratory Birds and Game Animals, February 7, 1936,
United States--Mexico, as amended; the Convention between the United
States and Japan for the Protection of Migratory Birds in Danger of
Extinction and Their Environment, September 19, 1974; and the
Convention Between the United States of America and the Union of Soviet
Socialist Republics (Russia) Concerning the Conservation of Migratory
Birds and Their Environment, November 26, 1976.
The taking and possession of raptors are strictly prohibited except
as permitted under regulations implementing the MBTA. Activities with
migratory birds are prohibited unless specifically authorized by
regulation. Regulations governing the issuance of permits for migratory
birds are authorized by the MBTA and subsequent regulations. They are
in title 50, Code of Federal Regulations, parts 10, 13, 21, and 22.
Raptors also may be protected by State and tribal regulations.
Regulations for falconry schools are not covered under this rule.
We have concluded that falconry schools are most appropriately dealt
with under regulations governing education with migratory birds.

Changes in the Regulations Governing Falconry

We have rewritten the regulations in plain language and have
changed or added some provisions. We seek comment on these proposed
regulations, particularly the following substantive changes.
1. A State or tribal falconry permit will suffice for the practice
of falconry. No Federal falconry permit will be required after a State
or Tribe is in compliance with these regulations. A State/Federal
double permitting system has been in place since implementation of
Federal regulations governing falconry. Every State government, except
those of Connecticut and Hawaii, has now implemented regulations
governing falconry. The government of the District of Columbia has not
implemented regulations governing falconry. States and the District of
Columbia must operate within the bounds of the Federal regulations to
allow falconry. We have concluded that with State and tribal permitting
in place (if Tribes choose to do so), we can reduce the paperwork
burden on permittees and the Service, and can eliminate the cost of a
Federal permit for falconry permittees. All State and tribal falconry
permitting must operate under these Federal requirements for the
governance of falconry. These regulations also contain provision for
``decertification'' of State or tribal programs that do not
sufficiently regulate falconry permitting or the practice of falconry.
States or Tribes that fail to meet the standards herein will not be
approved to allow the practice of falconry. No Tribe has sought to
establish falconry regulations, but with this rule we intend to make it
clear that they can do so.
2. Electronic reporting of acquisition, transfer, or loss of
raptors held for falconry will be implemented. Electronic reporting
will eliminate the need for permittees to submit paper reports for
these actions. Under the Government Paperwork Elimination Act of 1998,
Federal agencies are required to provide for the option of electronic
maintenance, submission, or disclosure of information, when practicable
as a substitute for paper. Implementation of electronic reporting for
transactions under the falconry regulations will reduce permittee
expenses and the time involved in reporting.

Note: The electronic reporting page, http://permits.fws.gov/186A
, is not functional at this time.

3. Apprentice falconers will be allowed to possess Harris's hawks.
4. Apprentice falconers may possess non-imprinted captive-bred
birds of the species they are allowed to possess.
5. Master falconers will be allowed to keep five raptors for use in
falconry, though only three of the raptors may be taken from the wild.
Under the current regulations, master falconers are allowed to keep
three birds for falconry. Many individuals have sufficient time
available to care for and train five

[[Page 6979]]

raptors for use in falconry. Allowing the possession of five raptors
does not change the allowed take from the wild or the current limit on
possession of birds taken from the wild.
6. The required examination for apprentice falconers and new
residents may be developed and administered by each State or Tribe.
After we approve a State's or Tribe's certification under these
regulations, we will no longer have to approve revisions of the
examination.
7. A new resident of the United States can qualify for a falconry
permit appropriate for his or her experience. The applicant must
correctly answer at least 80 percent of the questions on the supervised
examination for apprentice falconers administered by the State or Tribe
under which the applicant wishes to obtain a falconry permit. If the
applicant passes the test, the State or Tribe may decide what level of
falconry permit he or she is qualified to hold.
8. Facilities and equipment requirements are simplified and
rewritten to make them easier to understand.
9. Possession of facilities for housing raptors will not be a
prerequisite for obtaining a permit. However, a permittee must have
facilities that pass inspection by the State or Tribe before he or she
may obtain a raptor for use in falconry. This change will, for example,
allow falconers who no longer can keep falconry birds to assist
apprentice falconers in learning about the practice of falconry.
10. The 180-day-per-year limit on take of raptors from the wild is
removed. Raptors may be taken for falconry during periods specified by
the States or Tribes.
11. Hybrid raptors must be imprinted on humans or be surgically
sterilized if they are to be used in falconry. When flown, a hybrid
must have an attached radio transmitter that will allow the permittee
to locate it if he or she needs to do so. Release of hybrids to the
wild is illegal.
12. All falconers will be responsible for treatment and
rehabilitation costs of falconry raptors injured in trapping efforts.
13. Banding of all goshawks taken from the wild will be required.
14. Temporary release of falconry raptors to the wild (``hacking'')
will be allowed. Some falconry raptors are better adapted to hunting
after being hacked. Hacking has been allowed by the Fish and Wildlife
Service for many years, but has not been considered in the falconry
regulations.
15. General and master falconers may use suitable raptors in raptor
propagation if the propagator has a raptor propagation permit. The
raptors do not need to be transferred from the falconer's falconry
permit if they are used temporarily for propagation.
16. A falconer may transfer a wild raptor captured under a falconry
permit to a propagation permit after the raptor has been used in
falconry for at least 2 years. Previously, raptors taken for falconry
could be transferred to another permit type immediately after capture.
17. General and master falconers may use suitable raptors they hold
(except golden eagles) in conservation education programs without an
additional permit. However, the raptors must be used in hunting; they
may not be held under a falconry permit to be used primarily for
conservation education purposes. Falconers can serve a role in
educating the public about the roles raptors play in the environment
and their legal protections.
18. The age for apprentice falconers is lowered from 14 to 12. We
believe individuals age 12 and older may be able to learn falconry and
handle falconry raptors capably.
19. General and master falconers may assist Federal- and State-
permitted wildlife rehabilitators in conditioning of raptors for
release to the wild. To do so, the falconer must be a subpermittee of
the rehabilitator.
20. A visitor to the United States with a falconry permit from his
or her country may practice falconry in the United States if the State
in which he or she wishes to do so allows it. Federal regulations will
allow qualified falconers to participate in falconry meets and other
activities in the United States. Exchange of information about falconry
should benefit the U.S. falconry community.
21. Requirements for capture and possession of golden eagles for
use in falconry by master falconers with sufficient experience are
added to these regulations. Previously, they were covered in 50 CFR
22.24. Also, in this proposed rule, the regulations in 50 CFR 22.24 are
simplified to account for this change, which will facilitate permitting
by the States and Tribes. Federal permitting of falconers for
possession of golden eagles will no longer be required.
Because it will take time for States to change their falconry
regulations to comply with these regulations, the final compliance date
for these regulations is yet to be determined. We propose that it will
be 5 years from January 1st of the year following the publication of
the final rule implementing revised falconry regulations. We seek
comments on this time frame and a final date for the changeover to the
new regulations. Is the 5 year period sufficient for all States to
comply with the new regulations?
Each State or Tribe that wishes to allow the practice of falconry
must certify to the Director of the Fish and Wildlife Service that it
is in compliance with the new regulations. Any State certified to allow
falconry under the Federal falconry regulations in Sec. Sec. 21.28 and
21.29 in effect prior to the effective date of the final rule for this
action (see 50 CFR part 21, revised October 1, 2004) may continue to
allow falconry under those provisions until we publish notice of our
approval of that specific State's certification in the Federal
Register, or until 5 years from January 1st of the year following the
publication of the final rule implementing revised falconry
regulations.
We also seek careful consideration of our proposal to initiate
proceedings to revoke falconry permitting in any State or by any Tribe
if, after reviewing the State's or Tribe's falconry permitting, we
determine that the State or Tribe has not issued permits or maintained
records in accordance with the proposed regulations. We propose to
allow the State or Tribe one year to correct the permitting problems.
We further propose to revoke the State or Tribe's certification if, at
the end of the year, the State or Tribe has not corrected its
permitting problems. The Service is not able to inspect falconry
facilities or administer the falconry test to permit applicants, and
will not have sufficient personnel to be able to do so in the future.
Therefore, we see no alternative to revoking falconry permitting for
State or tribal permittees if a State or Tribe does not maintain a
permitting program in accordance with these regulations. Our decision
to decertify a State or Tribe may be appealed to the Director.

Clarity of This Regulation

Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following: (1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to understand if it were divided
into more (but shorter) sections? (A ``section'' appears in bold type
and is preceded by the symbol `` Sec. '' and a numbered heading; for
example: ``Sec. 21.29 Falconry standards and falconry permitting.'')
(5) Does the description of the rule in the

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Supplementary Information section of the preamble help you to
understand the proposed rule? What else could we do the make the rule
easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240.
You also may e-mail comments to Exsec@ios.doi.gov.

Regulatory Planning and Review

In accordance with the criteria in Executive Order 12866, this rule
is a significant regulatory action. The Office of Management and Budget
makes the final determination of significance under E.O. 12866.
a. According to OMB, this proposed rule raises novel legal or
policy issues. The proposed falconry provisions are in compliance with
other laws, policies, and regulations.
b. This rule will not have an annual economic effect of $100
million or more, or adversely affect an economic sector, productivity,
jobs, the environment, or other units of government. A cost-benefit and
economic analysis thus is not required. There are approximately 4,000
falconers in the United States, few of whom will have to modify their
raptor housing facilities because of this rule.
c. This rule will not create inconsistencies with other agencies'
actions. The rule deals solely with governance of falconry in the
United States. No other Federal agency has any role in regulating
falconry.
d. This rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
There are no entitlements, grants, user fees, or loan programs
associated with the regulation of falconry.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 (Pub. L. 104-121)), whenever an agency is required to
publish a notice of rulemaking for any proposed or final rule, it must
prepare and make available for public comment a regulatory flexibility
analysis that describes the effect of the rule on small entities (i.e.,
small businesses, small organizations, and small government
jurisdictions). However, no regulatory flexibility analysis is required
if the head of an agency certifies the rule will not have a significant
economic impact on a substantial number of small entities.
SBREFA amended the Regulatory Flexibility Act to require Federal
agencies to provide the statement of the factual basis for certifying
that a rule will not have a significant economic impact on a
substantial number of small entities. We have examined this rule's
potential effects on small entities as required by the Regulatory
Flexibility Act, and have determined that this action will not have a
significant economic impact on a substantial number of small entities
because the changes we are proposing are intended primarily to clarify
the requirements for falconry and the procedures for obtaining a
falconry permit.
This determination is based on the fact that we are proposing
limited changes to the current requirements for falconry facilities
(housing). To legally practice falconry in the United States, an
applicant will be required to obtain a State or tribal falconry permit.
To do so, he or she must demonstrate knowledge of falconry and must
have facilities for keeping falconry raptors that will protect them
from weather extremes. The changes we propose will require minimal
changes to the facilities of some falconers, but affect neither the
information collected nor the fees required to obtain a permit.
Consequently, we certify that because this proposed rule will not have
a significant economic effect on a substantial number of small
entities, a regulatory flexibility analysis is not required.
This rule is not a major rule under the SBREFA (5 U.S.C. 804(2)).
It will not have a significant impact on a substantial number of small
entities.
a. This rule does not have an annual effect on the economy of $100
million or more. If all falconry permittees had to rebuild their
falconry facilities to comply with the proposed regulations, at an
estimated $2,000 each, the total cost to permittees would be
$8,000,000. This highest-cost estimate for compliance with this rule by
permittees would be a one-time expenditure.
b. This rule will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. The practice of falconry does not
significantly affect costs or prices in any sector of the economy.
c. This rule will not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. Falconry is an endeavor of private individuals. Neither
regulation nor practice of falconry significantly affects business
activities.

Unfunded Mandates Reform Act

In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we have determined the following:
a. This rule will not ``significantly or uniquely'' affect small
governments. A small government agency plan is not required. Falconry
is an endeavor of private individuals. Neither regulation nor practice
of falconry affects small government activities in any significant way.
b. This rule will not produce a Federal mandate of $100 million or
greater in any year; i.e., it is not a ``significant regulatory
action'' under the Unfunded Mandates Reform Act. Though States may have
to revise their falconry regulations to comply with the proposed
revisions, nearly every State already has falconry regulations in
place. Therefore, revisions of the State regulations should not be
significant.

Takings

In accordance with Executive Order 12630, the rule does not have
significant takings implications. A takings implication assessment is
not required. This rule does not contain a provision for taking of
private property.

Federalism

This rule does not have sufficient Federalism effects to warrant
preparation of a Federalism assessment under Executive Order 13132. It
will not interfere with the States' ability to manage themselves or
their funds. No significant economic impacts are expected to result
from the regulation of falconry. However, this rule provides the
opportunity for States to cooperate in management of falconry permits
and to ease the permitting process for permit applicants.

Civil Justice Reform

In accordance with Executive Order 12988, the Office of the
Solicitor has determined that the rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order.

Paperwork Reduction Act

We examined these regulations under the Paperwork Reduction Act of
1995. OMB has approved the information collection requirements of the
Migratory Bird Permits Program and assigned clearance number 1018-0022,
which expires 7/31/2007. This proposed regulation does not change or
add to the approved information collection.

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Information from the collection is used to document take of wild
raptors for use in falconry and to document transfers of birds held for
falconry between permittees. A Federal agency 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.

National Environmental Policy Act

We have analyzed this rule in accordance with the National
Environmental Policy Act (NEPA), 42 U.S.C. 432-437(f) and part 516 of
the U.S. Department of the Interior Manual (516 DM). We prepared an
environmental assessment (EA) in July 1988 to support establishment of
regulations governing the use of most raptors in falconry. You can
obtain a copy of the EA by contacting us at the address in the
ADDRESSES section. This rule does not change the allowed take of
raptors from the wild. The changes we propose are to delegate
administration of falconry permitting and the practice of falconry to
the States or Tribes, and are otherwise largely to reorganize the
regulations, put them into easier-to-understand language, and combine
related sections. We will prepare an updated environmental assessment
on the take of raptors for use in falconry and the delegation of the
permitting authority to the States and Tribes during the rulemaking
process to determine whether these proposals are major Federal actions
significantly affecting the quality of the human environment.

Government-to-Government Relationship With Tribes

In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we
have evaluated potential effects on Federally recognized Indian Tribes
and have determined that there are no potential effects. This rule will
not interfere with the Tribes' ability to manage themselves or their
funds or to regulate falconry on tribal lands.

Energy Supply, Distribution, or Use (Executive Order 13211)

On May 18, 2001, the President issued Executive Order 13211
addressing regulations that significantly affect energy supply,
distribution, and use. Executive Order 13211 requires agencies to
prepare Statements of Energy Effects when undertaking certain actions.
Because this rule only affects the practice of falconry in the United
States, it is not a significant regulatory action under Executive Order
12866, and will not significantly affect energy supplies, distribution,
or use. Therefore, this action is not a significant energy action and
no Statement of Energy Effects is required.

Environmental Consequences of the Proposed Action

The changes we propose are primarily in the combining,
reorganizing, and rewriting of the regulations. The environmental
impacts of this action are limited.
Socioeconomic. We do not expect the proposed action to have
discernible socioeconomic impacts.
Raptor populations. This rule does not significantly alter the take
or raptors for falconry in the United States. This rule will have
little change on the effects of falconry on raptor populations.
Endangered and Threatened Species. The regulations have new
provisions governing falconry in habitats important to those threatened
or endangered species likely to be impacted by falconry.

Compliance With Endangered Species Act Requirements

Section 7 of the Endangered Species Act (ESA) of 1973, as amended
(16 U.S.C. 1531 et seq.), requires that ``The Secretary [of the
Interior] shall review other programs administered by him and utilize
such programs in furtherance of the purposes of this chapter'' (16
U.S.C. 1536(a)(1)). It further states that the Secretary must ``insure
that any action authorized, funded, or carried out * * * is not likely
to jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification
of [critical] habitat (16 U.S.C. 1536 (a)(2)). The Division of
Threatened and Endangered Species concurred with our finding that the
revised regulations will not affect listed species.

Author

The author of this rulemaking is Dr. George T. Allen, U.S. Fish and
Wildlife Service, Division of Migratory Bird Management, 4401 North
Fairfax Drive, Mail Stop 4107, Arlington, Virginia 22203-1610.

Public Participation

You may submit written comments on this proposal to the location
identified in the ADDRESSES section, or you may submit electronic
comments to the internet address or the e-mail address listed in the
ADDRESSES section. We must receive your comments before the date listed
in the DATES section. Following review and consideration of comments,
we will issue a final rule on the proposed regulation changes.
When submitting electronic comments, please include your name and
return address in your message, identify it as comments on the falconry
regulations change, and submit your comments as an ASCII file. Include
RIN 1018-AG11 in the subject line of your message. Do not use special
characters or any encryption.
When submitting written comments, please include your name and
return address in your letter and identify it as comments on the
falconry regulations change, RIN 1018-AG11. To facilitate compiling the
Administrative Record for this action, you must submit written comments
on 8\1/2\ inch by 11 inch paper.
All comments on the proposed rule will be available for public
inspection during normal business hours at Room 4091 at the Fish and
Wildlife Service, Division of Migratory Bird Management, 4501 North
Fairfax Drive, Arlington, Virginia 22203-1610. The complete file for
this proposed rule is available, by appointment, during normal business
hours at the same address. You may call 703-358-1825 to make an
appointment to view the file.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. An individual respondent may request that we withhold
his or her home address from the rulemaking record, which we will honor
to the extent allowable by law. There also may be circumstances in
which we would withhold from the rulemaking record a respondent's
identity, as allowable by law. If you wish us to withhold your name
and/or address, you must state this prominently at the beginning of
your comment. We will make all submissions from organizations or
businesses and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety. We will not consider anonymous
comments.

List of Subjects

50 CFR Part 21

Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.

50 CFR Part 22

Exports, Imports, Reporting and recordkeeping requirements,
Transportation, Wildlife.

[[Page 6982]]

For the reasons stated in the preamble, we propose to amend parts
21 and 22 of subpart C, subchapter B, chapter I, title 50 of the Code
of Federal Regulations, as follows.

PART 21--MIGRATORY BIRD PERMITS

1. Revise the authority citation for part 21 to read as follows:

Authority: Pub. L. 95-616, 92 Stat. 3112 (16 U.S.C. 704,
712(2)); Pub. L. 107-314, 116 Stat. 2458 (16 U.S.C. 703 note).

2. Amend Sec. 21.2 by revising paragraph (b) to read as follows:

Sec. 21.2 Scope of regulations.

* * * * *
(b) This part, except for Sec. 21.22 (banding or marking), Sec.
21.29 (falconry), and Sec. 21.31 (rehabilitation), does not apply to
the bald eagle (Haliaeetus leucocephalus) or the golden eagle (Aquila
chrysaetos), for which regulations are provided in part 22 of this
subchapter.
* * * * *
3. Amend Sec. 21.3 by revising the definition of ``falconry'' and
adding a definition of ``hybrid'' in alphabetical order, to read as
follows:

Sec. 21.3 Definitions.

* * * * *
Falconry is caring for and training raptors for pursuit of game,
and the sport of hunting wild game with raptors.
Hybrid means offspring of birds listed in Sec. 10.13 of subchapter
B of this chapter as two or more distinct species, or offspring of
birds recognized by ornithological authorities as two or more distinct
species.
* * * * *
4. Amend Sec. 21.21 by revising paragraph (a) to read as follows.

Sec. 21.21 Import and export permits.

(a) Do I need a permit to import or export migratory birds? In most
cases, you will need a permit.
(1) Unless you import migratory game birds in accordance with the
provisions of subparts G and J of 50 CFR part 20, you must have an
import permit to import migratory birds or their parts, nests, or eggs.
(2) With the following exceptions, you must have an export permit
before you export migratory birds or their parts, nests, or eggs. You
also must meet the requirements in 50 CFR parts 17, 22, and 23, where
applicable, to export migratory birds or their parts, nests, or eggs.
(i) You may export captive-reared migratory game birds to Canada or
Mexico without a permit if the birds are marked in compliance with the
provisions of Sec. 21.13(b).
(ii) You may export lawfully taken migratory game birds in
accordance with the provisions of subpart J of 50 CFR part 20.
(iii) You may transport a bird or birds you legally hold for
falconry under Sec. 21.29 without a permit to and from another country
for use in falconry. Unless you have the necessary permit(s) to export
a bird from the United States, you must bring any bird or birds you
take out of the country for falconry back to the United States when you
return. You may need one or more additional permits to take a bird from
the United States or to return home with it (see 50 CFR part 14
(importation, exportation, and transportation of wildlife), 50 CFR part
15 (Wild Bird Conservation Act), 50 CFR part 17 (endangered and
threatened species), 50 CFR part 21 (migratory bird permits), and 50
CFR part 23 (endangered species convention)).
* * * * *

Sec. 21.28 [Removed and Reserved]

5. Remove and reserve Sec. 21.28.
6. Revise Sec. 21.29 to read as follows:

Sec. 21.29 Falconry standards and falconry permitting.

(a) Background.
(1) What is the legal basis for regulating falconry? The Migratory
Bird Treaty Act prohibits any person from taking (capturing from the
wild), purchasing, bartering, selling, or offering to purchase, barter,
or sell, or undertaking any other uses of raptors (birds of prey)
listed in Sec. 10.13 of this subchapter unless the uses are allowed by
Federal regulation and the person has a permit to conduct the activity.
This section covers all Falconiformes (kites, eagles, hawks, caracaras,
and falcons) and all Strigiformes (owls) listed in Sec. 10.13 of this
subchapter (``native'' raptors), and apply to any person who holds one
or more native raptors for use in falconry.
(2) What does ``possession'' of a falconry bird mean?
``Possession'' means that you, as a licensed falconer, have control
over all aspects of a raptor that you are permitted to keep for
falconry. You must keep the bird in falconry facilities that you
control or use, feed and otherwise maintain the bird in good health,
and know where the bird is at all times. We do not consider very short-
term possession by a permitted individual, such as letting an
apprentice falconer hold or practice flying a bird you hold under your
permit, to be possession for the purposes of this section, as long as
you are present and the apprentice is under your supervision, and
provided that the possession lasts no more than 4 hours.
(3) What is the regulatory year for governing falconry? For
determining possession and take of raptors for falconry, a year runs
from January 1 through December 31.
(4) What must a State or Tribe do to allow its citizens to practice
falconry? A State or Tribe that wishes to allow falconry must certify
to the Director that the State's or Tribe's laws or regulations
governing falconry meet the requirements of this section, and must
provide us with a copy of the State's or Tribe's apprentice falconer
examination. To allow the practice of falconry on tribal lands, a Tribe
may either adopt the State's regulations or issue its own and notify us
of its action. If we concur that the regulations and the examination
are in compliance with this section, we will approve the practice of
falconry in that State or on the lands of the Tribe, publish notice of
our approval in the Federal Register, and add the State or Tribe to the
list of those with approved falconry standards.
(i) A State or a Tribe may make and enforce laws or regulations
consistent with the standards in any convention between the United
States and any foreign country for the protection of raptors or with
the Migratory Bird Treaty Act, which also protects raptors. State or
tribal standards may be more restrictive than these Federal standards.
(ii) A State or Tribe may choose not to allow possession of some
species of raptors for falconry that we allow in this section.
(iii) A State or Tribe must provide us with a copy of its falconry
examination any time the examination is revised.
(5) Can we review a State's or Tribe's permitting process? Yes, at
our discretion, we may review the falconry permitting, facilities
inspections, and records of any State or Tribe that allows falconry. We
may choose to review a State's falconry permitting for reasons such as,
but not limited to, complaints from the public or law enforcement
actions that suggest the need for a review.
(6) Can we suspend a State's or Tribe's certification? Yes, if,
after reviewing a State's or Tribe's falconry permitting, we determine
that the State or Tribe has not issued permits or maintained records in
accordance with this section, we will notify the State or Tribe and
allow one year for correction of permitting problems.
(i) If a State or Tribe's permitting activities are not in
compliance with this section, the State or Tribe must demonstrate the
following to our satisfaction.

[[Page 6983]]

(A) That its inspections ensure that falconers' facilities meet the
standards in this section.
(B) That permits are issued within 60 days of receipt of their
receipt and that they are complete and accurate.
(C) That each permit issued is appropriate for the experience of
the applicant.
(D) That the State's or Tribe's recordkeeping is satisfactory for
the needs of State and Federal law enforcement.
(ii) If the permitting problems are not corrected in one year, we
will suspend certification of the State's or Tribe's falconry
permitting, and will disallow the practice of falconry in the State or
by the Tribe. The Director will send a letter to the State or Tribe
confirming this action.
(7) What will happen if we suspend a State's or Tribe's
certification? If we suspend a State's or Tribe's certification, we
will require that all raptors (including captive-bred birds) held for
falconry in that State or by tribal permittees be transferred to other
falconry permittees or to captive propagation programs, released to the
wild (if it is allowed by the State or Tribe and by this section), or
euthanized. However, hybrid raptors may not be released to the wild.
(8) Can a State or Tribe appeal our decision to suspend its
certification? Yes, the decision may be appealed by the State or Tribe
to the Director within 60 days of the date of the Director's decision
to suspend certification. The Director will then respond to the State
or Tribe within 60 days of receipt of the appeal. The State or Tribe's
certification will remain in place until the Director makes a final
decision on the appeal.
(9) Can a State or Tribe recertify compliance with this section if
its falconry permitting authority has been suspended? Yes, if we
conclude that the State or Tribe's permitting have been restored to
compliance with this section. The State or Tribe must submit a request
for approval of its permitting activities, and we will then concur with
the State or Tribe's determination or report why we do not believe that
the State or Tribe has rectified its earlier permitting problems.
(10) What is the compliance date for the regulations in this
section? A State with existing approved falconry regulations that
wishes to continue to allow falconry after [5 years from January 1st of
the year following the publication of the final rule implementing
revised falconry regulations] must certify to the Director of the Fish
and Wildlife Service that it is in compliance with this section. This
section will be applicable for a State upon publication in the Federal
Register of our notice of approval of the State's certification. Any
State certified to allow falconry under the Federal falconry
regulations contained in Sec. Sec. 21.28 and 21.29 in effect on
February 9, 2005 (see 50 CFR part 21, revised October 1, 2004), may
continue to allow falconry under those provisions until:
(i) We publish notice of our approval of the State's certification
in the Federal Register; or
(ii) [Five years from January 1st of the year following the year of
publication of the final rule implementing revised falconry
regulations.]
(11) What will happen if a State with falconry regulations
certified under earlier regulations does not come into compliance with
this section by the compliance date? If a State does not come into
compliance with this section by the compliance date, we will require
that all raptors held for falconry in that State or (including captive-
bred raptors) be transferred to falconers in other States, transferred
to captive propagation programs, released to the wild (if that is
allowed by the State and by this section), or euthanized. However,
hybrid raptors may not be released to the wild.
(12) What standards are in effect in my State?

------------------------------------------------------------------------
If your legal residence is in you may
------------------------------------------------------------------------
(i) [--States in compliance with these practice falconry as permitted
revised regulations--], in this section.
(ii) Alaska, Alabama, Arizona, practice falconry under the
Arkansas, California, Colorado, Federal regulations in effect
Delaware, Florida, Georgia, Idaho, on October 1, 2004 (50 CFR
Illinois, Indiana, Iowa, Kansas, part 21, revised October 1,
Kentucky, Louisiana, Maine, Maryland, 2004), if it was allowed in
Massachusetts, Michigan, Minnesota, your State at that time, until
Mississippi, Missouri, Montana, your State has certified that
Nebraska, Nevada, New Hampshire, New it meets the requirements in
Jersey, New Mexico, New York, North this section or until
Carolina, North Dakota, Ohio, [approximately January 1,
Oklahoma, Oregon, Pennsylvania, Rhode 2011].
Island, South Carolina, South Dakota,
Tennessee, Texas, Utah, Vermont,
Virginia, Washington, West Virginia,
Wisconsin, or Wyoming,
------------------------------------------------------------------------

(b) Practicing falconry. (1) Can I practice falconry where I
reside?

------------------------------------------------------------------------
If your legal residence is because your place
in you may of residence
------------------------------------------------------------------------
(i) Connecticut, the not practice has not met the
District of Columbia, or falconry,. Federal falconry
Hawaii, standards or does
not allow the
practice of
falconry.
(ii) any State other than practice falconry has met the Federal
Connecticut or Hawaii, after you receive standards and
your State falconry allows the practice
permit, of falconry.
------------------------------------------------------------------------

(2) What permit and inspections do I need to practice falconry? You
must have a valid falconry permit from the State in which you reside or
the Tribe on whose land you wish to practice falconry, to take,
possess, or transport raptors for falconry, or to hunt with them. Your
raptor care facilities (see paragraph (c) of this section) must pass
inspection by your State or Tribe before you may possess a raptor under
a falconry permit. You must have a Federal raptor propagation permit to
purchase, barter, or sell, or offer to purchase, barter, or sell,
captive-bred raptors for falconry. Depending on the game you hunt as a
falconer and where you hunt, you also may need a Federal Migratory Bird
Hunting and Conservation Stamp (a ``Duck Stamp''), and State or tribal
hunting permits or stamps.
(i) With your falconry permit, you may practice falconry in any
other State

[[Page 6984]]

and on any tribal lands where you are allowed to do so. Some State,
tribal, or local governments may require you to have additional permits
or licenses to practice falconry or to take a raptor from the wild.
(ii) You must comply with all regulations governing migratory bird
permitting in parts 10, 13, and 21, and (for eagle falconry) 22 of this
subchapter.
(iii) If you live for more than 45 consecutive days in a State or
on tribal lands other than the State or tribal lands in which you
maintain your primary residence, your falconry facilities in the second
location must be inspected by the State or Tribe. The facilities in the
second location must meet the standards in paragraph (c) of this
section, and must be listed on your falconry permit.
(3) For what class of permit do I qualify? We recognize apprentice,
general, and master falconer levels. Each State or Tribe may have any
number of permit levels, but the standards for them must be at least as
restrictive as these Federal standards. Your State or Tribe may have
more restrictive laws or regulations governing falconry.
(i) What are the requirements and possession options for an
apprentice falconer? (A) You must be at least 12 years of age.
(B) If you are under 18 years of age, a parent or legal guardian
must sign your application and is legally responsible for your
activities.
(C) You must have a letter from a general falconer with a valid
State or tribal falconry permit and at least 5 years experience at the
general falconer level, or from a master falconer, stating that he or
she will assist you, as necessary, in learning about the husbandry and
training of raptors held for falconry and about relevant wildlife laws
and regulations, and in deciding what species of raptor is appropriate
for you to hold while an apprentice.
(D) Regardless of the number of State or tribal permits you have,
you may possess no more than one raptor for use in falconry.
(E) You may possess a wild-caught Harris's hawk (Parabuteo
unicinctus), red-shouldered hawk (Buteo lineatus), red-tailed hawk
(Buteo jamaicensis), or American kestrel (Falco sparverius). If you are
a resident of Alaska, you may possess a wild-caught northern goshawk
(Accipiter gentilis).
(F) You do not need to capture the raptor from the wild yourself.
(G) You may not possess a raptor taken from the wild as a nestling.
(H) You may possess a captive-bred raptor of any species of
Falconiform that your State or Tribe allows you to take and possess for
falconry. Any such captive-bred bird must have been raised by its
parents until it was fully capable of flight. You may not possess any
bird for falconry that is imprinted on humans.
(ii) What are the requirements and possession options for a general
falconer? (A) You must be at least 18 years of age.
(B) You must have practiced falconry with your own raptor(s) at the
apprentice falconer level for at least 2 years, including maintaining,
flying, and hunting the raptor(s) for a total of at least 6 months each
year. That practice may include capture and release of falconry birds.
(C) You may take and possess any species of Falconiform or
Strigiform that the State in which you reside or a Tribe on whose land
you practice falconry allows you to take and possess for falconry,
except a golden eagle.
(D) Regardless of the number of State or tribal permits you have,
you may possess no more than two raptors, whether they are wild-caught
or captive-bred.
(iii) What are the requirements and possession options for a master
falconer? (A) You must have practiced falconry with your own raptor(s)
at the general falconer level for at least 5 years.
(B) You may take and possess any species of Falconiform or
Strigiform that the State in which you reside or the Tribe on whose
land you practice falconry allows you to take and possess for falconry,
except a golden eagle. You may take and possess a golden eagle for
falconry if you meet the additional requirements listed in paragraph
(b)(3)(iv) of this section.
(C) Regardless of the number of State or tribal permits you have,
you may possess no more than five raptors. No more than three of them
may have come from the wild.
(iv) What are the additional requirements for obtaining permission
to keep a golden eagle for falconry?
(A) You must be a master falconer.
(B) Your State or tribal agency that regulates falconry must
document the following before approving your request to possess a
golden eagle for use in falconry:
(1) Your experience in handling large raptors, including
information about the species you have handled and the type and
duration of the activity in which you gained the experience.
(2) At least two letters of reference from people with experience
handling and/or flying eagles. Each must contain a concise history of
the author's experience with eagles. Eagle handling experience can
include, but is not limited to, the handling of zoological specimens,
rehabilitating eagles, or scientific studies involving eagles. Each
letter must also assess your ability to care for the eagles and fly
them in falconry.
(3) A description of the facilities in which you will house your
golden eagle(s).
(C) Golden eagles you hold will count against your possession limit
of five birds.
(D) You must band any golden eagle you acquire from the wild for
falconry with a permanent, nonreusable, numbered Fish and Wildlife
Service band that your State or tribal agency that regulates falconry
will provide. You must report the band number when you report your
acquisition of the bird to the State or the Tribe.
(E) Only a golden eagle captured in a depredation area certified by
USDA Wildlife Services or a State animal damage control agency may be
used in falconry. You may not use a golden eagle captured under any
other circumstance or a captive-bred golden eagle in falconry.
(F) If you are authorized to possess a golden eagle for use in
falconry, you are solely authorized to trap a subadult golden eagle in
any depredation area certified by USDA Wildlife Services or a State
animal damage control agency during the time the depredation area is in
effect. You must immediately release any adult you capture.
(1) You must determine the locations of the depredation areas
delineated by Wildlife Services or the State. We will not notify you
about them.
(2) Before you begin any trapping activities, you must inform our
regional Law Enforcement office of your trapping plans, your proposed
trapping equipment and methods, and your proposed handling and
disposition of the birds. You must extend the same notification to the
Wildlife Services manager for the depredation area. You must notify
both offices directly or in writing or via facsimile at least 3
business days before you start trapping, and you must receive
confirmation of receipt of the message from our regional Law
Enforcement office. Fish and Wildlife Service or USDA personnel then
can be present during trapping activities if they wish. You also must
meet all requirements of the State in which you plan to trap or the
Tribe on whose lands you plan to trap.

[[Page 6985]]

------------------------------------------------------------------------
If you plan to trap a golden eagle in you must notify
------------------------------------------------------------------------
(i) California, Idaho, Nevada, Oregon, U.S. Fish and Wildlife Service
or Washington. Special Agent in Charge--Law
Enforcement, 911 NE 11th
Avenue, Portland, Oregon 97232-
4181, 503-231-6125, facsimile
503-231-6197.
(ii) Arizona, New Mexico, Oklahoma, or U.S. Fish and Wildlife Service
Texas. Special Agent in Charge--Law
Enforcement, P.O. Box 329,
Albuquerque, New Mexico 87103,
505-248-7889, facsimile 505-
248-7899.
(iii) Illinois, Indiana, Iowa, U.S. Fish and Wildlife Service
Kentucky, Michigan, Minnesota, Special Agent in Charge--Law
Missouri, Ohio, or Wisconsin. Enforcement, P.O. Box 45,
Federal Building, Fort
Snelling, Minnesota 55111-
0045, 612-713-5320, facsimile
612-713-5283.
(iv) Alabama, Arkansas, Florida, U.S. Fish and Wildlife Service
Georgia, Kentucky, Louisiana, Special Agent in Charge--Law
Mississippi, North Carolina, South Enforcement, P.O. Box 49226,
Carolina, or Tennessee. Atlanta, Georgia 30359, 404-
679-7057, facsimile 404-679-
7065.
(v) Connecticut, Delaware, Maine, U.S. Fish and Wildlife Service
Maryland, Massachusetts, New Special Agent in Charge--Law
Hampshire, New Jersey, New York, Enforcement, P.O. Box 659,
Pennsylvania, Rhode Island, Vermont, Hadley, Massachusetts 01035-
Virginia, or West Virginia. 0659, 413-253-8274, facsimile
413-253-8459.
(vi) Colorado, Kansas, Montana, U.S. Fish and Wildlife Service
Nebraska, North Dakota, South Dakota, Special Agent in Charge--Law
Utah, or Wyoming. Enforcement, P.O. Box 25486,
Denver Federal Center (60130),
Denver, Colorado 80225-0486,
303-236-7540, facsimile 303-
236-7901.
(vii) Alaska........................... U.S. Fish and Wildlife Service
Special Agent in Charge--Law
Enforcement, 1011 East Tudor
Road, Suite 155, Anchorage,
Alaska 99503-6199, 907-786-
3311, facsimile 907-786-3313.
------------------------------------------------------------------------

(3) You must have permission from the landowner to trap an eagle.
(4) At the end of each trapping session, you must report in writing
to your State or tribal agency that regulates falconry the time and
date of the beginning and ending of each session, the number of golden
eagles trapped, approximate age, sex, and state of health of each
eagle, whether any bird was injured during trapping, and the
disposition of each eagle. You must file your reports within 5 days of
the end of each trapping session. Facsimile or electronic mail reports
are acceptable.
(5) You must send any captured eagle that is injured or in poor
health to a permitted wildlife rehabilitator or veterinarian with
experience handling raptors.
(4) When must I take a test to qualify for a falconry permit?
Before you are issued an apprentice permit you must correctly answer at
least 80 percent of the questions on an examination administered by the
State or the Tribe under which you wish to obtain a falconry permit.
The examination must cover care and handling of falconry raptors,
Federal, State, and tribal (if applicable) laws and regulations
relevant to falconry, and other appropriate subject matter. Contact
your State or tribal agency that regulates falconry for information
about permits and taking the test.
(5) If my falconry permit has lapsed, can it be reinstated? Yes, if
your State or Tribe allows it.
(i) If your permit has lapsed less than 5 years, it may be
reinstated at the level you held previously if you have proof of your
certification at that level.
(ii) If your permit has lapsed 5 years or longer, you must
correctly answer at least 80 percent of the questions on an examination
administered by the State or the Tribe under which you wish to obtain a
falconry permit. If you pass the exam, your permit may be reinstated at
the level you previously held.
(iii) If your permit has lapsed less than 2 years, you must provide
a statement to your State or tribal agency that regulates falconry that
your falconry facilities meet the standards in paragraph (c)(1) of this
section before you may keep birds for use in falconry.
(iv) If your permit has lapsed 2 years or more, your facilities
must pass State or tribal inspection before you may keep birds for use
in falconry.
(6) May I obtain a falconry permit at an appropriate level if I
have experience in falconry but I am a new resident in the United
States? If your State or Tribe allows it, you may qualify for the
falconry permit appropriate for your experience. To demonstrate your
knowledge of United States falconry laws and regulations, you must
correctly answer at least 80 percent of the questions on the supervised
examination for falconers administered by the State or Tribe under
which you wish to obtain a falconry permit. If you pass the test, the
State or Tribe will decide for which level of falconry permit you are
qualified. To do so, the State or Tribe should base its decision on
your documentation of your experience. Your falconry facilities must
meet the standards in paragraph (c)(1) of this section before you may
keep birds for use in falconry.
(7) Do I need to band a raptor used in falconry? Some birds used in
falconry must be banded.
(i) You must band a Harris's hawk, goshawk, peregrine falcon,
gyrfalcon, or golden eagle that you take from the wild with a
permanent, nonreusable, numbered Fish and Wildlife Service leg band
that your State or tribal agency will supply. You must report the band
number when you report your acquisition of the bird. Contact your State
or tribal agency for information on obtaining and disposing of bands.
Within 5 days from the day on which you take the bird from the wild,
you must report take of the bird by entering the required information
in the electronic database at http://permits.fws.gov/186A. You should

request an appropriate band from your State or tribal agency in advance
of any effort to capture a bird.
(ii) A raptor bred in captivity must be banded with a seamless
metal band (see Sec. 21.30). If you must remove the band or if it is
lost, within 5 days from the day you remove the band you must report
the loss of the band and request a replacement U.S. Fish and Wildlife
Service nonreusable band from your State or Tribe. You can submit the
required information electronically immediately upon rebanding the bird
at http://permits.fws.gov/186A. You must replace a band that is removed

or lost.
(iii) If the band must be removed or is lost from a bird in your
possession, you must promptly report the loss of the band and request a
U.S. Fish and Wildlife Service nonreusable band from your State or
tribal agency that regulates falconry. You must submit the required
information immediately upon rebanding the bird at http://permits.fws.gov/186A.
You must replace a band that is removed or lost.

(iv) You must not alter, deface, or counterfeit a band. You may
remove the rear tab on a band on a bird you take

[[Page 6986]]

from the wild, and you may smooth any imperfect surface if you do not
affect the integrity of the band or the numbering on it.
(v) If you can document health or injury problems for a bird you
hold that are caused by the band, the State may provide an exemption to
the banding requirement for that bird. In such a case, you must keep
the band with you when flying the raptor.
(8) Must I carry my permits when conducting falconry activities?
You must have your permit(s) or legible copies of them in your
immediate possession when you are trapping, transporting, working with,
or flying your falconry bird(s).
(c) Facilities and care requirements. (1) What facilities must I
have and maintain? The primary consideration for raptor ing facilities,
whether indoors or outdoors, is protection from the environment,
predators, domestic animals, and undue disturbance. You must have
raptor housing facilities approved by your State or Tribe before you
may obtain a bird for use in falconry. Your State or Tribe may require
that you have both indoor and outdoor facilities. A representative of
your State or tribal agency that regulates falconry, or its designee,
must certify that your facilities and equipment meet the following
standards. For keeping birds in either type facility, you must keep
your facilities clean and must ensure the following.
(i) The facility must protect birds in it from predators and
domestic animals.
(ii) The facility must have a suitable perch with a rough or uneven
surface for each bird, at least one opening for sunlight, and an easy-
to-clean and well-drained floor.
(iii) You may house untethered raptors together if they are
compatible. If they are not, each bird must be tethered or separated
from others by solid partitions.
(iv) Each bird must have an area large enough to allow it to fly if
it is untethered or, if it is tethered, to fully extend its wings or
bate (attempt to fly while tethered) without damaging its feathers or
contacting other raptors.
(v) An indoor facility must be large enough to allow easy access
for the care and feeding of raptors kept there. If birds you keep in
this indoor facility are not tethered, all areas not covered by solid
walls must be protected on the inside by vertical bars spaced narrower
than the width of the body of the smallest bird(s) you keep in the
enclosure.
(vi) An outdoor facility must be totally enclosed, and may be made
of heavy-gauge wire, heavy-duty plastic mesh, slats, pipe, wood, or
other suitable material.
(A) The facility must have a roof or a covering to protect birds
held in it from predators and weather.
(B) If a bird you hold suffers feather damage or injury in your
outdoor facility, you must modify the facility to preclude further
feather damage or injury to the bird.
(2) Do my falconry facilities have to be on property I own? No,
they may be on property owned by another person where you reside, or at
a different location. But, they must meet the facilities standards in
paragarph (c)(1) of this section and those of the State or Tribe from
which you have a falconry permit.
(i) You are responsible for the maintenance and security of birds
you hold under your permit.
(ii) You must report the address of your facilities to your State
or tribal agency that regulates falconry.
(iii) You must submit to your State or tribal agency that regulates
falconry a signed and dated statement showing that the property owner
understands that the falconry facilities, equipment, and birds may be
inspected without advance notice by tribal (if applicable), State, or
Federal authorities at any reasonable time of day.
(iv) You must inform your State or tribal agency within 5 days if
you change the location of your facilities.
(3) What equipment must I have and maintain? You must have suitable
equipment, including jesses or the materials and equipment to make
them, leash and swivel, bath container, and scales or balances that are
graduated to appropriate levels for weighing the raptor(s) you hold.
(4) What facilities must I have for a raptor when I am transporting
it, using it for hunting, or I am away from my home with it? You must
be sure that the bird has a perch with a rough or uneven surface and is
protected from extreme temperatures, wind, and excessive disturbance.
If a bird you hold suffers feather damage or injury while you are
transporting it, you must modify or change your transport methods
immediately to preclude further feather damage or injury to the bird.
(5) May I temporarily house a raptor outside of my permanent
facilities when I am not transporting it or using it for hunting? You
may keep a bird in temporary facilities for no more than 45 consecutive
calendar days if the bird has a perch with a rough or uneven surface
and is protected from predators, domestic animals, extreme
temperatures, wind, and excessive disturbance.
(6) May another person care for my falconry birds for me? Yes,
another person who can legally possess raptors can care for a raptor or
raptors for you for up to 45 consecutive calendar days. The other
person must have a signed and dated statement from you authorizing the
temporary possession, plus a copy of FWS form 3-186A that shows that
you are the possessor of the bird. The statement must include
information about the time period for which he or she will keep the
bird(s), and about what he or she is allowed to do with the bird or
birds (including exercising them for falconry, which may be done if the
other person has a falconry permit at the appropriate level). The
bird(s) will remain on your falconry permit. If the person who
temporarily holds a bird or birds for you is a falconer, the bird(s)
that he or she holds for you will not be counted against his or her
possession limit on birds held for falconry.
(7) If I live part of the year in another State and have my
falconry bird(s) with me, do I need an additional State permit? The
State or Tribe in which you live part-time may require that you obtain
its falconry permit. You must contact the State or tribal agency that
regulates falconry to determine whether you need a permit.
(8) If I live part of the year in another State and have my
falconry bird(s) with me, do my falconry facilities have to meet the
standards listed in this paragraph (c)? Yes, if you live for more than
45 consecutive days in a State other than the one in which you maintain
your primary residence, your falconry facilities in the second State
must meet the standards in this section. They must be inspected by the
State or Tribe and must be listed on your falconry permit.
(9) Are falconry facilities, birds, equipment, and records subject
to inspection? (i) Yes, falconry bird(s), facilities, equipment, and
records may be inspected at any reasonable hour by tribal (if
applicable), State, or Federal officials.
(ii) You must submit to your State or tribal agency that regulates
falconry a signed and dated statement showing that the owner of the
property on which your falconry facilities are located (which could be
you or another person) understands that the falconry facilities,
equipment, and birds may be inspected without advance notice by State
or Federal authorities at any reasonable time of day.
(iii) You must have your falconry facilities inspected and approved
any time you change their location.

[[Page 6987]]

(d) Taking, possessing, and transporting raptors for falconry. (1)
What species of birds may I take from the wild to use for falconry? You
may take any species of Falconiform or Strigiform that you are allowed
to possess and that the State or Tribe regulating the land on which you
wish to take a bird allows you to take.
(i) You may not capture a species that your classification as a
falconer does not allow you to possess for falconry.
(ii) On some tribal lands and in some States there may be tribal,
State, or Federal restrictions on the take or use of these species, and
you may need a tribal or State permit or permits to capture a bird.
(iii) Tribal or State regulations on take may be more restrictive
than those in this section.
(iv) Total take of nestling American peregrine falcons (Falco
peregrinus anatum) is limited to 5 percent of the production of
nestlings in each state in Alaska, Arizona, California, Colorado,
Idaho, Montana, New Mexico, Oregon, Utah, Washington, and Wyoming. Take
must be based on the most recent data from States in which take is
allowed, and must be in accordance with the provisions in the Service's
Implementation Plan for Management of Take of Nestling American
peregrine falcons. Allowing take up to the 5 percent limit is at the
discretion of each State in which take is allowed.
(v) If you are a master falconer with sufficient experience and
your State allows you to possess a golden eagle, you may take a
subadult golden eagle from the wild only in a depredation area
certified by USDA Wildlife Services or a State animal damage control
agency during the time the depredation area is in effect. You must
immediately release any adult you capture.
(2) How and when may I take raptors from the wild for use in
falconry? You may take no more than two birds from the wild each year
(1 January-31 December) for use in falconry. Birds taken from the wild
for use in falconry are to be kept specifically for that purpose. A
falconry bird is considered to be taken from the wild only by the
person who originally captures it; the bird is not considered to be
taken from the wild by any subsequent permittee to whom it is legally
transferred.
(i) If you transfer a bird you take from the wild to another
permittee in the same year in which you capture it, the bird will still
count as one of the birds you are allowed to take from the wild that
year; it will not count as a capture by the recipient.
(ii) We do not restrict the number of wild-caught or captive-bred
birds transferred to you, but you may not exceed your possession limit.
(iii) If you are a general or master falconer, you may remove
nestlings from a nest or aerie in accordance with tribal (if
applicable), State, and Federal restrictions.
(iv) For flighted birds, you must use a capture method that will
not harm the bird.
(v) You may not take birds at any time or in any manner that
violates any law in the State in which you are trapping or of the Tribe
on whose land you are trapping.
(vi) If you are present at the capture site, but another person
actually captures the bird for you, you are considered the person who
removed the bird from the wild, and you are responsible for filing a 3-
186A form reporting take of the bird from the wild. This would occur,
for example, if another person climbed a tree or rappelled down a cliff
and took a nestling for you and gave it to you at the tree or cliff.
(vii) If you are not present at the immediate location where the
bird is taken from the wild, the person who removes the bird from the
wild must have a permit to do so, and must report take of the bird by
entering the required information in the electronic database at http://permits.fws.gov/186A
within 5 days of the capture of the bird. If that

person then transfers the bird to you, you must both file 3-186A forms
reporting the transaction within 5 days of the transfer. The bird will
count as one of the two birds the person who took it from the wild is
allowed to capture in any calendar year. The bird will not count as a
bird you took from the wild. The person who takes the bird from the
wild must report the take even if he or she promptly transfers the bird
to another falconry permittee.
(viii) On any day in which you capture a falconry bird, you may
temporarily keep a bird you capture while attempting to capture
another. At the end of the day, you may keep no more than you are
authorized to take or possess (one bird for an apprentice falconer; two
birds for a general or master falconer, unless you have already
captured one during the year).
(ix) You must band any Harris's hawk, goshawk, peregrine falcon,
gyrfalcon, or golden eagle that you keep with a permanent, nonreusable,
numbered Fish and Wildlife Service leg band that your State or tribal
agency will supply.
(x) You must report take of the bird by entering the required
information in the electronic database at http://permits.fws.gov/186A

within 5 days of the capture of the bird.
(xi) You must release any bird you do not keep at the site at which
you captured it.
(3) What are the restrictions on taking raptors from the wild for
falconry?
(i) You may take no more than two birds from the wild per year.
(ii) If you are an apprentice falconer, you may take only a first-
year red-shouldered hawk (Buteo lineatus), red-tailed hawk (Buteo
jamaicensis), or American kestrel (Falco sparverius) from the wild. If
you reside in Alaska, you may take a first-year northern goshawk
(Accipiter gentilis).
(iii) If you are a general or master falconer, you may take birds
less than 1 year of age from the wild during any period or periods
specified by the State or Tribe.
(iv) At any time, you may retrap a banded falconry bird you have
lost within 1 year of its escape. If you have not replaced the bird, it
will not count as one taken from the wild.
(v) You may recapture a bird wearing falconry equipment at any
time. You must report your capture of the bird to your State or tribal
agency that regulates falconry no more than 5 working days after the
capture. Disposition of the bird will be at the discretion of the State
or Tribe.
(vi) You may take any raptor that you are authorized to possess
from the wild if the bird is banded with a Federal Bird Banding
Laboratory aluminum band--except that you may not take a banded
peregrine falcon from the wild.
(A) If a raptor you capture (including a peregrine falcon) is
marked with a seamless metal band, a transmitter, or any other item
identifying it as a falconry bird, you must report your capture of the
bird to your State or tribal agency that regulates falconry no more
than 5 working days after the capture. You must return the bird to the
person who lost it, if possible, but if no one claims the bird within
45 days of the date on which you capture the bird, you may keep it to
use in falconry. While you are holding a bird for return to the person
who lost it, the bird will not count against your possession limit or
your limit on take of birds from the wild if you have reported holding
the bird to your State or tribal falconry permit office.
(B) Unless it is a falconry bird (identified by a band, bells,
jesses, or falconry telemetry gear), you must immediately release a
peregrine falcon you capture that has a band of any kind, a research
marking, or a transmitter attached to it.
(C) If a raptor you capture has any other band, research marking,
or transmitter attached to it, you must

[[Page 6988]]

promptly report the band numbers and all other relevant information to
the Federal Bird Banding Laboratory at 1-800-327-2263.
(1) You may contact the researcher and determine if he or she
wishes to replace a transmitter attached to a bird you capture. If so,
you are authorized to hold the bird up to 30 days until the researcher
or his or her designee does so, or until you can replace it yourself.
Disposition of the bird will be at the discretion of the researcher and
your State or tribal agency that regulates falconry.
(2) If you hold such a bird temporarily, it will not count against
your possession limit for falconry birds.
(vii) You must leave at least one young in any nest or aerie from
which you take a nestling.
(viii) If you are an apprentice falconer, you may not take a
nestling from the wild.
(ix) If you are a master falconer with a permit to do so, you may
take, transport, or possess a golden eagle, subject to the requirements
listed at paragraphs (b)(3)(i)(E) and (F) of this section and 50 CFR
22.24. Any golden eagle you possess counts as a bird to be included
under your possession limit.
(x) If you are a general or master falconer, you may take no more
than one bird of a threatened species from the wild each year if the
regulations in part 17 of this subchapter allow it and if you obtain an
endangered species permit to do so before you take the bird.
(4) May I take a species that was recently removed from the List of
Endangered and Threatened Wildlife (50 CFR 17.11) to use in falconry?
We must first publish a management plan for the species. If take is
allowed in the management plan, you may do so in accordance with the
provisions for take in the plan.
(5) What must I do with a bird that is injured in my trapping
efforts? You have two options for dealing with a bird injured in
trapping. In either case, you are responsible for the costs of care and
rehabilitation of the bird.
(i) You may put the bird on your falconry permit. You must report
take of the bird by entering the required information in the electronic
database at http://permits.fws.gov/186A within 5 days of the capture of

the bird. You must then have the bird treated by a veterinarian or a
permitted wildlife rehabilitator. The bird will count against your
possession limit.
(ii) You may give the bird directly to a veterinarian, or a
permitted wildlife rehabilitator, or an appropriate wildlife agency
employee. If you do so, it will not count against your allowed take or
the number of birds you may possess. However, you must report the
capture of the bird to your State or tribal agency that regulates
falconry.
(6) May I acquire a bird for falconry from a permitted
rehabilitator? Yes, you may acquire a bird suitable for falconry of a
species that you are permitted to possess directly from a
rehabilitator. Transfer to a falconer is at the discretion of the
rehabilitator. If you acquire such a bird from a rehabilitator, within
5 days of the transaction you must report it by entering the required
information in the electronic database at http://permits.fws.gov/186A.

If you acquire such a bird, it will count as one of the birds you are
allowed to take from the wild that year.
(7) What must I do if I acquire, transfer, release, lose, or reband
a raptor? (i) If you acquire a raptor, within 5 days of the transaction
you must report it by entering the required information in the
electronic database at http://permits.fws.gov/186A.

(ii) If you transfer a raptor you hold, reband one, or if one that
you hold dies, within 5 days from the transfer, rebanding, or loss, you
must report the action by entering the required information in the
electronic database at http://permits.fws.gov/186A.

(A) If a raptor you hold is stolen, you must report the loss or
theft to your State or tribal agency that regulates falconry and to
your Fish and Wildlife Service Regional Law Enforcement office (see
paragraph (b)(3)(iv)(F)(2) of this section) within 5 days of the loss.
You must report the loss or theft in the manner required by your State
or Tribe.
(B) If you lose a raptor to the wild or have one stolen, and if the
bird is not recovered within 30 days of its loss, you must report the
loss at http://permits.fws.gov/186A.

(C) If a bird you hold for falconry dies, you must report the loss
at http://permits.fws.gov/186A within 5 days of the death of the bird.

(iii) You must keep copies of all electronic database submissions
documenting take, transfer, loss, or rebanding of falconry birds until
5 years after your permit expires.
(8) May I possess captive-bred or hybrid raptors for falconry?
(i) Yes, if your Tribe or State allows it, you may use captive-bred
individuals of the species you are allowed to possess, captive-bred
individuals of other species listed in part 10 of this subchapter, and
hybrids of the species listed in Sec. 10.13 of subchapter B of this
chapter.
(ii) Hybrid birds must be imprinted by humans or be surgically
sterilized if they are to be used in falconry. When flown free, a
hybrid bird must have at least one attached radio transmitter that will
allow you to locate the bird.
(9) May I retain birds I possessed before the enactment of the
Federal falconry regulations in 1976? Yes, but you must identify them
with approved bands. However, if you possess more than the number of
birds allowed under your permit type, you may not replace a bird that
you lose or release, or that dies, until you possess fewer than the
maximum number of birds allowed under your class of falconry permit.
Thereafter you may possess no more than the maximum allowed by your
permit.
(10) May I retain birds of species that may no longer be taken from
the wild for use in falconry? Yes, if you hold such a bird on the
applicability date of this section in your State.
(i) Any such bird that dies, is lost, escapes, or that you release
may be replaced only with a bird allowed for use in falconry.
(ii) You may not possess more birds than your permit allows.
(11) May I transport a bird that I possess for falconry to another
State? Yes, you may need permission from the State to which you wish to
take the bird or from the State under which you hold your falconry
permit to transport the bird(s) to the other State.
(12) What must I do if I wish to release a bird in my possession to
the wild? You must follow State and Federal regulations before
releasing a falconry bird to the wild.

------------------------------------------------------------------------
If the species you wish to
release is and the bird is you may
------------------------------------------------------------------------
(i) not native to the State or wild-caught or not release the bird
is a hybrid of any kind, captive-bred, to the wild. You may
transfer it to
another falconry
permittee.

[[Page 6989]]

(ii) native to the State,..... captive-bred,.... not release the bird
to the wild except
under special
circumstances. If
the Tribe or State
requires it, you
must have permission
from the Tribe or
State to release the
bird. If you are
permitted to do so,
it must be properly
``hacked back''
(allowed to adjust)
to the wild at an
appropriate time of
year and an
appropriate
location. You must
remove its falconry
band (if it has one)
and report release
of the bird by
entering the
required information
in the electronic
database at http://permits.fws.gov/
.

(iii) native to the State,.... wild-caught,..... release the bird only
at an appropriate
time of year and an
appropriate
location. You must
remove its falconry
band and report
release of the bird
by entering the
required information
in the electronic
database at http://permits.fws.gov/
.

------------------------------------------------------------------------

(e) Additional information. (1) Are birds removed from the wild for
falconry always considered ``wild'' birds? Yes, no matter how long such
a bird is held in captivity or whether it is transferred to another
permittee or permit type, it is always considered a ``wild'' bird.
However, it is considered to be taken from the wild only by the person
who actually captured it.
(2) Is ``hacking'' of falconry birds permitted? Yes, general or
master falconers may hack (temporarily release to the wild) a falconry
bird or birds for 60 calendar days or fewer.
(i) You may need permission from your State or tribal wildlife
agency to hack a bird you hold for falconry. Check with your State or
tribal agency that regulates falconry to determine if hacking is
allowed.
(ii) Any bird you are hacking counts against your possession limit
and must be a species you are authorized to possess.
(iii) Any hybrids you are hacking must be surgically sterilized or
imprinted, or both, and must have an attached functioning radio
transmitter during hacking.
(iv) If you lose a bird you are hacking, you must report the loss
to your State or tribal agency that regulates falconry within 5 days.
If you do not recover the bird within 30 days after it is lost, you
must report the loss of the bird by entering the required information
in the electronic database at http://permits.fws.gov/186A.

(v) You may not hack a falconry bird in the vicinity of a nesting
area of a threatened or endangered bird species or in any other
location where the raptor is likely to harm a federally listed
threatened or endangered species. You must contact your tribal or State
wildlife agency before hacking a falconry bird to ensure that this does
not occur.
(3) May I use other falconry training or conditioning techniques?
Yes, you may use other acceptable falconry practices, such as the use
of creance (tethered) flying, lures, balloons, or kites in training or
conditioning falconry birds.
(4) May I sell or trade raptors if I have a falconry permit? If
allowed by your Tribe or State, you may sell, purchase, or barter, or
offer to sell, purchase, or barter captive-bred raptors marked with
seamless bands that indicate that the birds were captive-bred. You may
not do so with wild raptors. You may transfer banded captive-bred birds
to other permittees who are authorized to hold them. You may possess
only the raptor species and number allowed under your class of permit.
(5) May I transfer wild-caught raptors captured for falconry to
another type of permit? Yes, you may transfer raptors that cannot be
released to the wild because of age or injury to another permit type if
the recipient of the bird (which could be you) holds the necessary
permits for the other activity.
(i) You may transfer a wild-caught falconry bird to a raptor
propagation permit after the bird has been used in falconry for at
least 2 years. When you transfer the bird, you must provide a copy of
the 3-186A form documenting acquisition of the bird to the Federal
migratory bird permits office that administers the propagation permit.
(ii) You may transfer a wild-caught bird to a propagation permit in
less than 2 years only if the bird has been injured and a veterinarian
or permitted wildlife rehabilitator has determined that the bird can no
longer be flown for falconry.
(A) When you transfer the bird, you must provide a copy of the 3-
186A form documenting acquisition of the bird to the Federal migratory
bird permits office that administers the propagation permit.
(B) When you transfer the bird, you must provide a copy of the
certification from the veterinarian or rehabilitator that the bird is
not useable in falconry to the Federal migratory bird permits office
that administers the propagation permit.
(iii) If you transfer the bird to another falconry permittee, you
must report the transfer within 5 days by entering the required
information in the electronic database at http://permits.fws.gov/186A.

(6) May I transfer captive-bred falconry raptors to another type of
permit? Yes, if the holder of the other permit type is authorized to
possess the bird(s). Within 5 days you must report the transfer by
entering the required information in the electronic database at http://permits.fws.gov/186A
.

(7) May I use birds that I hold under my falconry permit in captive
propagation? Yes, if birds you hold for falconry are suitable for the
purpose, you also may use them for captive propagation if you or the
person overseeing the propagation has the necessary permit(s) (see
Sec. 21.30), except that you may not use a golden eagle in captive
propagation. You do not need to transfer a bird from your falconry
permit if you use it for fewer than 6 months in captive propagation,
but you must do so if the bird is permanently transferred for
propagation. The bird must then be banded as required in Sec. 21.30.
(8) May I use my falconry bird(s) for conservation education
programs? Yes, if you are a general or master falconer, have not been
convicted of a violation of tribal, State, or Federal falconry
regulations in the last 5 years, and if a bird you hold for falconry,
other than a golden eagle, is suitable for the purpose, you may use it
in conservation education programs.
(i) You must use the bird primarily for falconry.
(ii) You may not use a golden eagle for conservation education.
(iii) You may charge a fee for presentation of a conservation
education program.
(iv) In conservation education programs, you must provide
information about the biology, ecological roles, and conservation needs
of raptors and other migratory birds. Presentations that are not
specific to falconry and conservation education are not permitted.
(A) You may not use falconry birds for entertainment;
advertisements; promotion or endorsement of any

[[Page 6990]]

products, merchandise, goods, services, meeting, or fair; or as a
representation of any business, company, corporation, or other
organization.
(B) You may not use falconry birds to make movies, commercials, or
in other such commercial ventures.
(v) You do not need a Federal permit to conduct conservation
education activities using a falconry bird held under a tribal or State
falconry permit.
(vi) You are responsible for all liability associated with
conservation education activities you undertake.
(9) May I assist in rehabilitation of raptors to prepare them for
release? Yes, if you are a general or master falconer, you may assist a
Federal- and State-permitted wildlife rehabilitator in conditioning of
raptors in preparation for their release to the wild.
(i) You must be at least 18 years old, and you must be a
subpermittee of the wildlife rehabilitator (see Sec. 21.31).
(ii) You must abide by all conditions on the rehabilitator's
permit.
(iii) You do not have to add any raptor you hold for this purpose
to your falconry permit; it will remain under the permit of the
rehabilitator.
(iv) You must return any such bird that cannot be released to the
rehabilitator for placement.
(v) You may use any acceptable falconry practice, including the use
of creance (tethered) flying, lures, balloons, or kites in training or
conditioning birds for release.
(10) What should I do with feathers that my bird or birds molt? (i)
For imping (replacing a damaged feather with a molted feather), you may
possess flight feathers for each species of bird you hold or previously
held for as long as you have a valid falconry permit. However, if you
previously held a golden eagle but no longer have one, you may not keep
the feathers. You may receive feathers for imping from other permitted
falconers, wildlife rehabilitators, or propagators in the United
States. However, you may not buy, sell, or barter such feathers.
(ii) You must burn, bury, or otherwise destroy feathers that are
not suitable for imping unless they are from a golden eagle.
(iii) You must send all feathers (including body feathers) from any
falconry golden eagle that are in good condition, and that you do not
need for imping, to the National Eagle Repository at the following
address. To ensure that the Repository knows you have a permit for the
bird, send a copy of your State or tribal permit authorizing you to
possess a golden eagle with any shipment of feathers to the following
address: U.S. Fish and Wildlife Service, National Eagle Repository,
Rocky Mountain Arsenal, Building 128, Commerce City, Colorado 80022.
The telephone number at the Repository is 303-287-2110.
(iv) If your permit expires or is revoked, you may donate the
feathers of any species of falconry raptor except a golden eagle to any
institution exempt under Sec. 21.12(b) or authorized to receive
feathers under authority of a permit to possess them, or to an
authorized propagator for use in propagation activities. If you do not
donate the feathers, you must burn, bury, or otherwise destroy them.
(11) What should I do with the carcass of a falconry bird that
dies? (i) You must send the entire body of a golden eagle you held for
falconry, including all feathers, talons, and other parts, to the
Repository at the address listed in paragraph (e)(10) of this section.
(ii) You may donate the body or feathers of any other species of
falconry raptor to any institution exempt under Sec. 21.12(b) or
authorized to receive feathers under authority of a permit to possess a
body or feathers, or to an authorized propagator for use in propagation
activities. If you do not wish to donate the bird body or feathers to
an institution or propagator, you must burn, bury, or otherwise destroy
it or them within 5 days of the death of the bird. Carcasses of
euthanized birds could pose a risk of secondary poisoning of eagles and
other scavengers, and you must take appropriate precautions to avoid
such poisonings.
(iii) You must report the loss of the bird by entering the required
information in the electronic database at http://permits.fws.gov/186A.

(12) May a visitor to the United States practice falconry here?
(i) Yes, if the Tribe or State allows it, a visitor to the United
States may qualify for a temporary falconry permit appropriate for his
or her experience.
(A) The permit may be valid for up to 1 year.
(B) To demonstrate knowledge of United States falconry laws and
regulations, the visitor must correctly answer at least 80 percent of
the questions on the supervised examination for falconers administered
by the Tribe or State from which he or she wishes to obtain a temporary
falconry permit. If the visitor passes the test, the Tribe or State
will decide for what level of temporary permit the person is qualified.
To do so, the Tribe or State should base its decision on the
individual's documentation of his or her experience.
(C) A holder of a temporary falconry permit may hold birds for
falconry if he or she has approved facilities and if the Tribe or State
allows him or her to do so.
(D) A holder of a temporary falconry permit may fly birds held for
falconry by a resident permitted falconer.
(E) A holder of a temporary falconry permit may not take a bird
from the wild for use in falconry.
(ii) For 45 days or fewer, a visitor may use any bird for falconry
that he or she holds legally for that purpose in his or her country of
residence, provided that import of that species to the United States is
not prohibited, and provided that he or she has met all permitting
requirements of his or her country of residence. A visitor must comply
with the provisions in this section, those of the Tribe or State where
he or she wishes to conduct falconry, and all States through which he
or she will travel with the bird. The visitor will need one or more
additional permits to bring a bird into the United States or to return
home with it (see 50 CFR part 14 (importation, exportation, and
transportation of wildlife), part 15 (Wild Bird Conservation Act), part
17 (endangered and threatened species), part 21 (migratory bird import
and export permits) and part 23 (endangered species convention)).
Unless the visitor to the United States has the necessary permit(s) to
bring a bird into the United States and leave it here, he or she must
take a bird or birds brought into the country for falconry out of the
country when he or she leaves. When flown free, any bird brought to
this country temporarily must have an attached radio transmitter that
will allow the falconer to locate it. A hybrid raptor brought into this
country temporarily for falconry must be imprinted on humans or be
surgically sterilized. There also may be tribal or State restrictions
on nonresidents practicing falconry or importing a bird or birds held
for falconry.
(13) May I take birds that I hold for falconry to another country
for use in falconry activities? Yes, this section does not restrict
your transport of a bird or birds you legally hold for falconry to
another country for use in falconry. Therefore, you may take any
falconry bird you hold, except a golden eagle, to another country
temporarily for use in falconry. However, you may need one or more
additional permits to take a bird from the United States or to return
home with it (see 50 CFR part 14 (importation, exportation, and
transportation of wildlife), part 15 (Wild Bird Conservation Act), part
17 (endangered and threatened species), part 21

[[Page 6991]]

(migratory bird permits), and part 23 (endangered species convention)).
Unless you have the necessary permit(s) to permanently export a bird
from the United States, you must bring any bird or birds you take out
of the country for falconry back to the United States when you return.
If you travel abroad with a falconry bird, you must comply with all
domestic and foreign laws.
(14) Does a falconry permit authorize me to capture, fly, or
release a falconry bird at any location? You do not need special or
written permission for these activities on public lands if they are
otherwise authorized there. However, you must comply with all
applicable State or tribal laws regarding falconry activities,
including hunting. Your falconry permit does not authorize you to
capture or release birds or practice falconry on public lands if it is
not allowed, or on private property, without permission from the
custodian or landowner.
(15) May I practice falconry in the vicinity of a federally listed
threatened or endangered animal species? Yes, however, in practicing
falconry you must ensure that your activities do not cause the take of
federally listed threatened or endangered wildlife. Take means ``to
harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect or
attempt to engage in any such conduct'' (ESA section 3(19)). Within
this definition, ``harass'' means any act that may injure wildlife by
disrupting normal behavior, including breeding, feeding, or sheltering,
and ``harm'' means an act that actually kills or injures wildlife (50
CFR 17.3). To obtain information about threatened or endangered species
that may occur in your State or on tribal lands where you wish to
practice falconry, contact your State or tribal agency that regulates
falconry.
(16) Can I trap a bird for use in falconry in areas used by the
northern aplomado falcon? Yes, however, capture of a northern aplomado
falcon (Falco femoralis septentrionalis) is a violation of the
Endangered Species Act, and is not authorized. To avoid trapping
northern aplomado falcons, you must comply with the following
conditions when trapping a bird for use in falconry in the following
counties.

------------------------------------------------------------------------
You may trap a bird for falconry in
If you trap in the following counties if you comply
with the conditions below.
------------------------------------------------------------------------
Arizona........................... Cochise, Graham, Pima, Pinal, or
Santa Cruz.
New Mexico........................ Do[ntilde]a Ana, Eddy, Grant,
Hidalgo, Lea, Luna, Otero, Sierra,
or Socorro.
Texas............................. Aransas, Brewster, Brooks, Calhoun,
Cameron, Culberson, Duval, Ector,
El Paso, Hidalgo, Hudspeth,
Jackson, Jeff Davis, Kenedy,
Kinney, Kleberg, Matagorda,
Maverick, Midland, Nueces, Pecos,
Presidio, Reeves, Refugio, San
Patricio, Starr, Terrell, Val
Verde, Victoria, Webb, Willacy, or
Zapata.
------------------------------------------------------------------------

(i) If you are an apprentice falconer, you must be accompanied by a
general or master falconer when trapping.
(ii) You may not begin trapping if you observe a northern aplomado
falcon in the vicinity of your intended trapping effort.
(iii) You must suspend trapping if a northern aplomado falcon
arrives in the vicinity of your trapping effort.
(f) Applying for a falconry permit. (1) How do I apply for a permit
to possess raptors and practice falconry? If you live in a State or
belong to a Tribe that allows the practice of falconry, your
application for a falconry permit must include the following:
(i) The completed application form from your State or tribal agency
that regulates falconry permits.
(ii) Proof that you have passed the falconry test administered by
the Tribe or State where you maintain your legal residence.
(iii) For an apprentice permit, a letter from a general or master
falconer stating that he or she has agreed to assist you in learning
about the husbandry and training of birds held for falconry and about
relevant wildlife laws and regulations, and in deciding what species of
raptor is appropriate for you to hold while an apprentice.
(iv) For an apprentice falconry or general falconry permit, a
parent or legal guardian must co-sign your application if you are under
18.
(v) For a general falconer permit, information documenting your
experience maintaining falconry birds, including a summary of what
species you held as an apprentice falconer and how long you possessed
each bird.
(vi) For a general falconer permit, a letter certifying that you
have used your falconry bird(s) for hunting and that you are qualified
for general falconer status.
(vii) For a general falconer permit, the number of raptors you
possess (if any) and the species, age (if known), sex (if known), date
of acquisition, and source (captured from wild, from whom purchased,
from whom transferred) of each bird.
(viii) An original, signed certification stating the following
(this certification can be incorporated into tribal and State
application forms):

I certify that I have read and am familiar with the regulations
in title 50, part 13, of the Code of Federal Regulations and the
other applicable parts in subchapter B of chapter I of title 50, and
that the information I have submitted is complete and accurate to
the best of my knowledge and belief. I understand that any false
statement herein may subject me to suspension or revocation of this
permit and to the criminal penalties of 18 U.S.C. 1001.

(2) Are there additional requirements I must meet before I may
possess a bird for use in falconry? Yes, before you may possess a bird
to use in falconry, you must provide proof that your facilities have
been inspected and meet the standards in this section.
(3) Do I follow the same procedures to renew my falconry permit if
I have not moved? If you have not moved since you received your
falconry permit, you must follow the procedures in paragraphs (f)(1)
and (2) of this section, except that you will not need to take the test
again, certify that you are familiar with 50 CFR part 13, or have your
facilities inspected. However, your Tribe or State may require one or
more of these actions.
(4) What procedures do I follow to update my falconry permit if I
move? If you move, you must notify your tribal or State permitting
office within 5 days (see Sec. 13.23(c) of this subchapter). If you
move to a new State, within 5 days you must inform both your former
State or Tribe and your new State of residence (if not on lands of the
same Tribe under which you hold your falconry permit) of your address
change. If you have new falconry facilities, you must provide
information, pictures, and diagrams of them, and they may have to be
inspected in accordance with tribal or State requirements.
(g) Are these regulations in compliance with information collection
requirements? Yes, the information collection required for falconry
applications and for falconry bird disposition on FWS Form 3-186A is
approved by the Office of Management

[[Page 6992]]

and Budget under control number 1018-0022. The information is necessary
to determine take of raptors from the wild for falconry.
(h) What information on falconry permitting are the Tribes and
States required to maintain? Each State or Tribe that permits falconry
must maintain the following information in a database that will enable
enforcement of this section. The State or tribal database must be
compatible with the database that we maintain for our purposes, and new
additions to the State or tribal database must be forwarded to us
monthly.
(1) The current address of each person with a falconry permit.
(2) The classification of each person with a falconry permit--
apprentice falconer, general falconer, or master falconer.
(3) The address of the falconry facilities of each person with a
falconry permit.
(4) The Federal falconry identifier number assigned to each person
with a falconry permit.
(5) Whether each permittee is authorized to possess a golden eagle.
(6) Information on the status of each person's permit: whether it
is active, suspended, or revoked.
(i) Is there a time requirement for a Tribe or State to enter
information on falconry permits into the State or tribal database on
falconers? Yes, information on each permit granted, including changes
in status from apprentice falconer to general falconer or general
falconer to master falconer, and moves of falconers or their facilities
must be entered into the tribal or State database within 5 days of the
granting of the permit.
7. Amend Sec. 21.31 by revising paragraph (e)(4)(ii) to read as
follows:

Sec. 21.31 Rehabilitation permits.

* * * * *
(e) * * *
(4) * * *
(ii) Following recovery of the bird you must release each
recuperated bird to suitable habitat as soon as seasonal conditions
allow, except that you may, at your discretion, transfer a
rehabilitated wild raptor to a holder of a State falconry permit if the
permit holder is authorized to hold the species for use in falconry.
The falconer must complete a Form 3-186A reporting the transfer.
(A) You may not retain migratory birds longer than 180 days without
additional authorization from your Regional Migratory Bird Permit
Office. If the appropriate season for release is outside the 180-day
timeframe, you must seek authorization from your Fish and Wildlife
Service Regional Migratory Bird Permit Office to hold the bird until
the appropriate season.
(B) Before releasing a threatened or endangered migratory bird, you
must coordinate with your Fish and Wildlife Service Regional Migratory
Bird Permit Office.
* * * * *

PART 22--EAGLE PERMITS

8. The authority citation for part 22 continues to read as follows:

Authority: 16 U.S.C. 668a; 16 U.S.C. 703-712; 16 U.S.C. 1531-
1544.

9. Revise Sec. 22.24 to read as follows.

Sec. 22.24 Permits for falconry purposes.

(a) May golden eagles be used in falconry? Yes, if your State or
Tribe allows it, you may possess a golden eagle (Aquila chrysaetos) for
use in falconry if you are a master falconer with documentation of the
required experience, and if you meet the requirements and provide the
materials documenting your ability to handle golden eagles as outlined
in 50 CFR 21.29(b)(3)(ii).
(b) Is a separate Federal permit for use of a golden eagle in
falconry required? No, if you meet the conditions outlined in 50 CFR
21.29(b)(3)(iii)(D), and your State or Tribe allows you to possess a
golden eagle for use in falconry, then we consider a permit from your
State or Tribe authorizing you to possess a golden eagle or golden
eagles for use in falconry sufficient for the purposes of the Bald and
Golden Eagle Protection Act (16 U.S.C. 668-668d).
(c) May golden eagles trapped by a government employee be
transferred to a falconer? Yes, if you (the falconer) have the
necessary permit(s) from your State or Tribe, a government employee who
has trapped a subadult golden eagle under Federal, State, or tribal
permit authority may transfer the bird to you if he or she cannot
release the eagle in an appropriate location. A subadult golden eagle
may only be taken from a certified depredation area. We will not notify
you about depredation areas or personnel conducting eagle trapping. You
must contact USDA Wildlife Services or the State agency that declares
such areas to determine if a depredation area has been declared.

Dated: December 9, 2004.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-2378 Filed 2-8-05; 8:45 am]

BILLING CODE 4310-55-P