[Federal Register: January 7, 2010 (Volume 75, Number 4)]
[Rules and Regulations]
[Page 927-932]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja10-10]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 21 and 22
[FWS-R9-MB-2009-0002; 91200-1231-9BPP]
RIN 1018-AW44
Migratory Bird Permits; Changes in the Regulations Governing
Falconry
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, published a final rule
in the Federal Register on October 8, 2008, to revise our regulations
governing falconry in the United States. With this action, we make
several changes to those regulations to correct inconsistencies and
oversights and make the regulations clearer.
DATES: This regulations change will be effective on February 8, 2010.
FOR FURTHER INFORMATION CONTACT: Dr. George T. Allen, Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, 703-358-
1825.
SUPPLEMENTARY INFORMATION:
Background
On October 8, 2008, we published a final rule in the Federal
Register (73 FR 59448) to revise our regulations governing falconry in
the United States. We eliminated the requirement for a Federal permit
to practice falconry, and made other changes to make it easier to
understand the requirements for the practice of falconry, including
take of raptors from the wild, and the procedures for obtaining a
falconry permit. The rule also added a provision allowing us to approve
falconry regulations that Indian Tribes, States, or U.S. territories
adopt. The rule became effective November 7, 2008, and changed the Code
of Federal Regulations (CFR) at 50 CFR parts 21 and 22.
After publication of the rule, we received questions from the
public
[[Page 928]]
about some aspects of the final rule. On July 22, 2009, we proposed
revisions to the falconry rule in the Federal Register (75 FR 36158) to
clarify or correct some provisions in the rule.
Comments on the Proposed Rule
We received 13 comments on the proposed rule. Several of the
comments were about provisions in the falconry regulations for which we
did not propose changes, and therefore are not summarized here.
Comment. ``With one exception the changes are well thought out and
will improve the regulations. The exception is your plan to now cite
for the first time the Birds of Conservation Concern 2008 as
restricting the take of raptors for falconry. I am not in favor of
citing or using this document to place further restrictions on the take
of raptors for falconry. The Federal lists of endangered and threatened
wildlife, including raptors, currently place appropriate restrictions
on the take of raptors by falconers. Your agency's environmental
assessments have repeatedly shown that the take of raptors for falconry
has no measurable environmental impact on wild raptor populations. Past
Federal Falconry Regulations have not cited the Birds of Conservation
Concern 2008. Therefore, citing the Birds of Conservation Concern 2008
in the new Federal Falconry Regulations does not seem necessary or
justified from a biological standpoint.
Furthermore, the thrust of the new Federal Falconry Regulations is
to turn the regulation of falconry over to the States. States do
monitor non-game wildlife and have and will in the future place
restriction of the take of raptors for falconry when there is a
biological reason to do so. It seems reasonable to let the States
address the take of Federally non-threatened and non-endangered raptors
for falconry without a new layer of Federal restrictions. Adding the
Birds of Conservation Concern 2008 to the new Federal Falconry
Regulations will have the effect of adding a new layer of restrictions
that are simply not needed or justified.''
Response. We have removed the reference to the Birds of
Conservation Concern (BCC) list, and have specified the raptor species
that may not be taken from the wild by Apprentices. The listing may
appear to add a new restriction to the falconry rules, but it does not.
With the exceptions of eagles and threatened or endangered species, the
species that Apprentices may take from the wild are already based on
the status of raptors in the 2002 BCC list, although the regulations
did not explicitly cite the BCC list. This regulations change is made
to make the list better match the status of raptor species found in the
United States. We may change the regulations at a later date if any
raptor species is added to, or removed from, the BCC list of species of
national concern.
Comment. ``The prohibition of a threatened or endangered species is
unnecessary. This blocks possession of a bird which could come from
many sources, including rehabilitation where a bird could be flown for
a season to be trained to survive in the wild. Since the States are
effectively applying this limitation, this is unnecessary language. At
the least the prohibition should be for take of these species, not for
possession.''
Response. We believe that this comment is about the prohibition on
possession of threatened or endangered species by Apprentice falconers.
The list of species available to Apprentices was expanded considerably
when we revised the falconry regulations. However, because they are
learning care of raptors and the practice of falconry, we do not
believe it is advisable for Apprentices to possess threatened or
endangered species. Apprentices are precluded from possessing only six
species of threatened or endangered Falconiformes or Strigiformes--only
one of which is suitable for falconry.
Comment. ``This proposed change remains unclear regarding
`organizations' [sic] use of falconry raptors. NAFA and other
associations as well as State falconry associations appear to be
negatively impacted by this proposed language. An interpretation of
this regulation could mean that falconry associations may not use a
depiction of a falconry raptor in a pamphlet, brochure, video, or other
medium promoting its organization * * *. We respectfully request this
be clarified to permit falconry organizations the use of depictions of
falconry raptors for purposes directly related to falconry and the
promotion of falconry associations and organizations.
``While I appreciate enabling the use of a falconry bird for
demonstrating and advertising falconry equipment, this is still more
constrictive than necessary, and certainly more restrictive than other
countries who are also party to our treaties. This would still block
use of a falconry bird to photograph for education, such as
illustrating a medical condition. It would block the photography of a
bird and the videotaping of the bird to demonstrate training, flying,
or hunting. And much of the sport is about enjoyment--of our birds, our
relationship, and the activities. Just filming them for our own
enjoyment or even profit. As long as these birds held under a falconry
permit are used primarily for falconry, there is nothing wrong with
allowing them to be used for many other purposes. I applaud the efforts
to allow their use for education, abatement, breeding, and even
rehabilitation (such as parenting orphaned raptors). However this
section can be interpreted to make anything from falconry catalogs to
training videos illegal. It appears aimed to ensure no falconer uses
their bird in a Harry Potter movie, but the potential problems in that
space are so incredibly minor compared to the risk this introduces to
activities at the core of falconry. I support erasing the entire
section which is ill conceived and poorly formed.''
Response. We agree with some of the concerns expressed by
commenters, and we have changed the provisions in this paragraph. For
example, it is acceptable to use a falconry bird in a publication about
the care or health of raptors. However, we continue to disallow the use
of falconry raptors in purely commercial endeavors.
Comment. `` `[I]mprint' definition--I certainly do not try to
isolate an `imprint' falconry bird from other raptors during the period
as described in proposed definition. In order to raise a successful
imprint, one that is not adversely affected by `new' objects &
circumstance, many feel that it is important to expose the bird to as
much of the world as one might encounter after training, while out
hunting, and while in the mew or weathering, & while traveling. Being
able to raise & train as a falconer deems necessary is important to the
continued success of the raptor's integration into a different aspect
of the taking of prey--that means exposure to other raptors (to be seen
& to see). This is a normal part of a raptor's world and part of a
falconry bird's learning process. This definition is simply not the
truth and may be construed to mean that when one trains an imprint,
they must isolate the bird and part of that is not to allow the bird to
see other raptors. I understand the need for discussing imprints
however in truth all birds are imprints. This is not what I believe the
regulations are speaking to. Encarta dictionary uses a definition for
imprint as `zoology intransitive verb to learn an attraction to members
of the same species or substitutes very early in life.' Clearly the
terminology as correctly used in the course of falconry is that an
imprint is denoted as a hand raised raptor meaning raising by or
assisted by human contact * * * [T]he restriction and definition
provided is invalid and unnecessary
[[Page 929]]
and that the reason for hand raising is for the young raptor to have an
attraction for or to bond with others, the falconer especially.''
Response. We believe that the point of this comment is that
falconry birds need not be isolated from other raptors to imprint on
humans. We changed the definition accordingly.
Revisions to the Falconry Regulations
We make the following significant changes to the proposed rule in
paragraphs (d)(1)(ii)(A)(4), (e)(3), and (f)(9)(ii). In addition to
these changes, we implement numerous small clarifications or changes to
make the information or requirements in the regulations consistent.
(1) We clarify the definition of the term ``imprint'' in 50 CFR
21.3 by changing the definition to mean a bird that is hand-raised from
2 weeks of age until it has fledged, and has identified itself with
humans rather than its own species.
(2) After publishing the final rule in October 2008, we received
inquiries about the prohibition in 50 CFR 21.29(c)(3)(i)(E) on
possession of captive-bred raptors by Apprentice falconers. We
neglected to clearly prohibit possession of wild raptors of threatened
or endangered species in this subsection of our final rule. We continue
to disallow take and possession of eagles and of threatened and
endangered species by Apprentice falconers, as well as take of raptor
species of conservation concern, though Apprentice falconers may
possess lawfully acquired BCC species. We revise paragraph (c)(3)(i)(E)
to clarify this issue for the public and to clarify that an Apprentice
falconer may have a hybrid raptor of most species.
(3) In our October 2008 final rule, we stated in Sec.
21.29(c)(3)(ii)(C) that, to advance to the level of General Falconer,
an Apprentice Falconer must ``have practiced falconry with wild
raptor(s) at the Apprentice Falconer level or equivalent for at least 2
years, including maintaining, training, flying, and hunting the
raptor(s) for at least 4 months in each year.'' However, because
apprentices need not use wild raptors to advance to the General
Falconer level, we remove the word ``wild'' from this requirement.
Likewise, we correct Sec. 21.29(g)(5)(ii), to make the requirements
listed match those in Sec. 21.29(c)(3)(ii)(C). Finally, for the same
reason, we remove the word ``wild'' from Sec. 21.29(d)(1)(ii)(A).
(4) We revise paragraph (c)(7)(i) to require banding by replacing
the words ``in lieu of a'' with the words ``in addition to the'' in the
second sentence. The four species named in that paragraph must be
banded with a nonreusable band that we will provide to the State,
tribe, or territory.
(5) In our October 2008 final rule, we stated in Sec.
21.29(d)(1)(ii)(A)(4) that for housing falconry raptors that ``[e]ach
raptor must have a pan of clean water available.'' In cold weather
conditions and with some perch types, this requirement is impractical,
and potentially harmful. We change the requirement to clarify that, if
practical, a water pan should be made available for a falconry bird.
(6) In an oversight, our October 2008 final rule stated at Sec.
21.29(e)(3)(ii) that General or Master falconers ``may take raptors
less than 1 year of age from the wild during any period or periods
specified by the State, tribe, or territory.'' We clarify Sec.
21.29(e)(3)(i) to disallow take of nestlings by Apprentice falconers.
(7) We correct language in Sec. 21.29(e)(iii) to clarify take of
golden eagles by Master falconers.
(8) After our October 2008 final rule was published, we were asked
about the use of falconry birds in demonstrating or advertising
falconry-related items such as hoods and telemetry equipment. We add a
sentence to Sec. 21.29(f)(9)(ii) clarifying that filming, photography,
or illustration of falconry birds to demonstrate or advertise falconry
equipment or educational materials, for scientific purposes, and for
the purposes of nonprofit falconry organizations is allowed.
(9) We revise the language in paragraph 22.24(b) to make it clear
that a federal permit is required to take golden eagles under a Federal
depredation permit or under a depredation control order.
(10) Finally, we also correct paragraph designations for several
subparagraphs by indicating that the designations should have published
in italics to conform with style requirements of the Office of the
Federal Register, which requires that paragraph designations in the CFR
follow this order: (a), (1), (i), (A), (1), and (i).
Required Determinations
Regulatory Planning and Review
The Office of Management and Budget (OMB) has determined that this
proposed rule is not significant under Executive Order 12866. OMB bases
its determination upon the following four criteria:
a. Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
b. Whether the rule will create inconsistencies with other Federal
agencies' actions.
c. Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
d. Whether the rule raises novel legal or policy issues.
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 (that
is, 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
and correct small problems with the published regulations.
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 economic 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. There are no costs to permittees or any other part of
the economy associated with these regulation changes.
b. This rule will not cause a major increase in costs or prices for
consumers, individual industries,
[[Page 930]]
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. Neither
regulation nor practice of falconry affects small government
activities.
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 E.O. 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 E.O. 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 E.O. 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 this rule under the Paperwork Reduction Act of 1995.
OMB has approved the information collection requirements of the
Migratory Bird Permits Program and assigned OMB control number 1018-
0022, which expires November 30, 2010. This regulation change does not
add to the approved information collection. Information from the
collection is used to document take of raptors from the wild for use in
falconry and to document transfers of raptors 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 evaluated the environmental impacts of the significant changes
to these regulations, and determined that the clarifications and
corrections in this rule do not have any environmental impacts. Within
the spirit and intent of the Council on Environmental Quality's
regulations for implementing the National Environmental Policy Act
(NEPA), and other statutes, orders, and policies that protect fish and
wildlife resources, we determined that these regulatory changes do not
have a significant effect on the human environment.
Under the guidance in Appendix 1 of the Department of the Interior
Manual at 516 DM 8, we conclude that the regulatory changes are
categorically excluded because they ``have no or minor potential
environmental impact'' (516 DM 8.5(A)(1)). No more comprehensive NEPA
analysis of the regulations change is required.
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 this rule will not interfere with tribes'
ability to manage themselves or their funds or to regulate falconry on
Tribal lands.
Energy Supply, Distribution, or Use
E.O. 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 E.O. 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 negligible.
Socioeconomic. The proposed action will have no socioeconomic
impacts.
Raptor populations. This rule will not change the effects of
falconry on raptor populations.
Endangered and Threatened Species. This proposed rule has language
additions or changes that clarify protections for endangered and
threatened species. The rule does not itself make any changes to those
protections.
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)). These regulatory
corrections and clarifications will not affect threatened or endangered
species or their habitats in the United States.
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.
0
For the reasons stated in the preamble, we amend part 21 of subpart C,
subchapter B, chapter I, title 50 of the Code of Federal Regulations,
as follows:
PART 21--MIGRATORY BIRD PERMITS
0
1. The authority citation for part 21 continues to read as follows:
[[Page 931]]
Authority: Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C.
703); Public Law 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public
Law 106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.
Sec. 21.3 [Amended]
0
2. Amend Sec. 21.3 in the definition of the term ``Imprint'' by
removing the first sentence and adding in its place the sentence
``Imprint, for the purposes of falconry, means a bird that is hand-
raised, from 2 weeks of age until it has fledged, and has identified
itself with humans rather than its own species.''
Sec. 21.29 [Amended]
0
3. Amend Sec. 21.29 as follows:
0
a. Redesignate paragraphs (c)(3)(i)(C)(1), (2), and (3) as paragraphs
(c)(3)(i)(C)(1), (2), and (3);
0
b. Revise paragraph (c)(3)(i)(E) to read as set forth below;
0
c. Amend paragraph (c)(3)(ii)(C) by removing the word ``wild'' from the
first sentence;
0
d. Amend paragraph (c)(3)(iii) (C) by adding the words ``for use in
falconry'' at the end of the paragraph;
0
e. Redesignate paragraphs (c)(3)(iv)(A)(1) and (2) as paragraphs
(c)(3)(iv)(A)(1) and (2);
0
f. Amend newly redesignated paragraph (c)(3)(iv)(A)(2) by removing the
words ``(Buteo regalis)'' from the first sentence;
0
g. Amend paragraph (c)(3)(iv)(B) by adding the words ``for use in
falconry'' at the end of the paragraph;
0
h. Revise paragraphs (c)(7)(i) and (ii) to read as set forth below;
0
i. Amend paragraph (c)(7)(iii)(A) by removing the words ``immediately
upon'' and adding in their place the words ``within 10 days of'';
0
j. Amend paragraph (d)(1)(ii)(A) by removing the word ``wild'';
0
k. Redesignate paragraphs (d)(1)(ii)(A)(1), (2), (3), and (4) as
paragraphs (d)(1)(ii)(A)(1), (2), (3), and (4);
0
l. Revise newly redesignated paragraph (d)(1)(ii)(A)(4) to read as set
forth below;
0
m. Redesignate paragraphs (d)(1)(ii)(B)(1) and (2) as paragraphs
(d)(1)(ii)(B)(1) and (2) and paragraphs (d)(1)(ii)(D)(1), (2), and (3)
as paragraphs (d)(1)(ii)(D)(1), (2), and (3);
0
n. Revise paragraph (d)(2)(ii) to read as set forth below;
0
o. Amend paragraph (d)(4) by, in the last sentence, removing the words
``your home'' and adding in their place the words ``the permanent
facility where it is housed'';
0
p. Revise paragraphs (d)(9), (e)(1)(v), and (e)(3)(i) to read as set
forth below;
0
q. Amend paragraph (e)(3)(ii) by adding the word ``only'' between the
words ``take'' and ``raptors'' in the first sentence;
0
r. Remove paragraphs (e)(3)(iii) and (e)(3)(iii)(A) and (B);
redesignate paragraphs (e)(3)(iii)(C), (D), and (E) as paragraphs
(e)(3)(iii)(E), (F), and (G); and add new paragraphs (e)(3)(iii) and
(e)(3)(iii)(A) through (D) to read as set forth below;
0
s. Redesignate paragraphs (e)(3)(vi)(C)(1) and (2) as paragraphs
(e)(3)(vi)(C)(1) and (2);
0
t. Amend the heading of paragraph (e)(6) by removing the word
``release'';
0
u. Amend paragraph (e)(8) by removing the words ``at least two
attached'' and adding in their place the words ``attached at least two
functioning'';
0
v. Amend paragraph (e)(9)(i) by removing the word ``species'' and
adding in its place the word ``raptor'' and by adding the word
``permanently'' between the words ``not'' and ``release'';
0
w. Remove paragraph (e)(9)(iv);
0
x. Amend paragraph (f)(5)(ii)(A) by removing the words ``When you
transfer the bird'' and adding in their place the words ``Within 10
days of transferring the bird'';
0
y. Amend paragraph (f)(9)(ii) by revising the text and adding
paragraphs (A) and (B) to read as set forth below; and
0
z. Amend paragraph (g)(5)(ii) by removing the words ``taken from the
wild'' and ``an average of 6 months per year, with.''
Sec. 21.29 Falconry standards and falconry permitting.
* * * * *
(c) * * *
(3) * * *
(i) * * *
(E) You may possess a raptor of any Falconiform or Strigiform
species, including wild, captive-bred, or hybrid individuals, except a
federally listed threatened or endangered species, a bald eagle
(Haliaeetus leucocephalus), a white-tailed eagle (Haliaeetus
albicilla), a Steller's sea-eagle (Haliaeetus pelagicus), or a golden
eagle (Aquila chrysaetos).
* * * * *
(7) * * *
(i) If you take a goshawk, Harris's hawk (Parabuteo unicinctus),
peregrine falcon (Falco peregrinus), or gyrfalcon (Falco rusticolus)
from the wild or acquire one from another falconer or a rehabilitator,
and if the raptor is not already banded, you must band it with a
permanent, nonreusable, numbered U.S. Fish and Wildlife Service leg
band that your State, tribal, or territorial agency will supply. If you
wish, you may purchase and implant an ISO (International Organization
for Standardization)-compliant (134.2 kHz) microchip in addition to the
band. You must report the band number when you report your acquisition
of the bird. Contact your State, tribal, or territorial agency for
information on obtaining and disposing of bands. Within 10 days from
the day on which you take the raptor from the wild, you must report
take of the bird by entering the required information (including the
band number) in the electronic database at http://permits.fws.gov/186A
or, if required by your permitting agency, by submitting a paper form
3-186A to your State, tribal, or territorial agency that governs
falconry. You may request an appropriate band from your State, tribal,
or territorial agency in advance of any effort to capture a raptor.
Your State, tribe, or territory may require that you band other species
taken from the wild.
(ii) A raptor bred in captivity must be banded with a seamless
metal band (see Sec. 21.30). If you must remove a seamless band or if
it is lost, within 10 days from the day you remove or note the loss of
the band, you must report it and request a replacement U.S. Fish and
Wildlife Service nonreusable band from your State, tribe, or territory.
You must submit the required information electronically immediately
upon rebanding the raptor at http://permits.fws.gov/186A or, if
required by your permitting agency, by submitting a paper form 3-186A
to your State, tribal, or territorial agency that governs falconry. You
must replace a seamless band that is removed or lost. You may implant
an ISO-compliant (134.2 kHz) microchip in a falconry raptor in addition
to the seamless band.
* * * * *
(d) * * *
(1) * * *
(ii) * * *
(A) * * *
(4) Each falconry bird must have access to a pan of clean water
unless weather conditions, the perch type used, or some other factor
makes access to a water pan unsafe for the raptor.
* * * * *
(2) * * *
(ii) You must submit to your State, tribal, or territorial agency
that regulates falconry a signed and dated statement showing that you
agree that the falconry facilities and raptors may be inspected without
advance notice by State, tribal (if applicable), or territorial
authorities at any reasonable time of day, but you must be present. If
your facilities are not on property that you own, you must submit a
signed and dated statement
[[Page 932]]
showing that the property owner agrees that the falconry facilities and
raptors may be inspected by State, tribal (if applicable), or
territorial authorities at any reasonable time of day in the presence
of the property owner; except that the authorities may not enter the
facilities or disturb the raptors unless you are present.
* * * * *
(9) Falconry equipment and records may be inspected in the presence
of the permittee during business hours on any day of the week by State,
tribal, or territorial officials.
* * * * *
(e) * * *
(1) * * *
(v) If you are a Master Falconer and your State, tribe, or
territory allows you to possess golden eagles, in any year you may take
up to two golden eagles from the wild and only in a livestock
depredation area during the time the depredation area and associated
depredation permit or depredation control order are in effect. A
livestock depredation area is declared by USDA Wildlife Services and
permitted under Sec. 22.23, or upon the request of a State governor
and authorized by the Service Director pursuant to Sec. Sec. 22.31 and
22.32.
* * * * *
(3) * * *
(i) If you are an Apprentice Falconer, you may take raptors less
than 1 year old, except nestlings, from the wild during any period or
periods specified by the State, tribe, or territory. You may take any
raptor species from the wild except a federally listed threatened or
endangered species or the following species: Bald eagle (Haliaeetus
leucocephalus), white-tailed eagle (Haliaeetus albicilla), Steller's
sea-eagle (Haliaeetus pelagicus), golden eagle (Aquila chrysaetos),
American swallow-tailed kite (Elanoides forficatus), Swainson's hawk
(Buteo swainsoni), peregrine falcon (Falco peregrinus), flammulated owl
(Otus flammeolus), elf owl (Micrathene whitneyi), and short-eared owl
(Asio flammeus).
* * * * *
(iii) If you are a Master Falconer authorized to possess golden
eagles for use in falconry, you may capture a golden eagle in a
livestock or wildlife depredation area during the time the depredation
area and associated depredation permit or depredation control order are
in effect.
(A) You may capture an immature or subadult golden eagle.
(B) You may take a nestling from its nest in a livestock
depredation area if a biologist representing the agency responsible for
declaring the depredation area has determined that the adult eagle is
preying on livestock or wildlife.
(C) You may take a nesting adult golden eagle only if a biologist
representing the agency responsible for declaring the depredation area
has determined that the adult eagle is preying on livestock or wildlife
and that any nestling of the adult will be taken by a falconer
authorized to possess it or by the biologist and transferred to an
individual authorized to possess it.
(D) You must determine the locations of the livestock or wildlife
depredation areas declared by USDA Wildlife Services, or published in
the Federal Register by the Service in response to a State governor's
request. We will not notify you about them.
* * * * *
(f) * * *
(9) * * *
(ii) You may not use falconry raptors for commercial entertainment;
for advertisements; as a representation of any business, company,
corporation, or other organization; or for promotion or endorsement of
any products, merchandise, goods, services, meetings, or fairs, with
the following exceptions:
(A) You may use a falconry raptor to promote or endorse a nonprofit
falconry organization or association.
(B) You may use a falconry raptor to promote or endorse products or
endeavors related to falconry, including, but not limited to items such
as hoods, telemetry equipment, giant hoods, perches, materials for
raptor facilities, falconry training and education materials, and
scientific research and publication.
* * * * *
PART 22--EAGLE PERMITS
0
4. The authority citation for part 22 continues to read as follows:
Authority: 16 U.S.C. 668-668d; 16 U.S.C. 703-712; 16 U.S.C.
1531-1544.
0
5. Revise Sec. 22.24(b) as follows:
Sec. 22.24 Permits for falconry purposes.
* * * * *
(b) Transfer of golden eagles trapped by government employees to
other permittees. If you have the necessary permit(s) from your State,
tribe, or territory, a government employee who has trapped a golden
eagle under a Federal depredation permit or under a depredation control
order may transfer the bird to you if he or she cannot release the
eagle in an appropriate location. A golden eagle may only be taken from
a livestock or wildlife depredation area declared by USDA Wildlife
Services and permitted under Sec. 22.23, or from a livestock
depredation area authorized in accordance with Subpart D, Depredation
Control Orders on Golden Eagles.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-12 Filed 1-6-10; 8:45 am]
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