[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Rules and Regulations]
[Pages 29665-29670]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12519]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
[Docket No. FWS-R9-MB-2009-0018; 91200-1231-9BPP]
RIN 1018-AT60
Migratory Bird Permits; Changes in the Regulations Governing
Raptor Propagation
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We amend the regulations governing captive propagation of
raptors in the United States. We reorganize the current regulations,
and add or change some provisions therein. The changes make it easier
to understand the requirements for raptor propagation, make it simpler
to conduct raptor propagation, and clarify the procedures for obtaining
a propagation permit. These regulations continue to prohibit
propagation of golden eagles, though we may consider allowing it in the
future.
DATES: This rule is effective on June 22, 2011.
FOR FURTHER INFORMATION CONTACT: Dr. George T. Allen, Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, 703-358-
1825.
SUPPLEMENTARY INFORMATION:
I. 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 use of raptors are strictly prohibited except as
permitted under regulations implementing the MBTA. Raptors also may be
protected by State or tribal regulations. The issuance of permits for
migratory birds is authorized by the MBTA and subsequent regulations.
They are in title 50, Code of Federal Regulations (CFR), parts 10, 13,
21, and (for eagles) 22. Regulations for issuing permits for
propagation of captive raptors are at 50 CFR 21.30.
On October 14, 2005, we published in the Federal Register a
proposed rule to change the regulations governing captive propagation
of raptors in the United States (70 FR 60052). We proposed to
reorganize the current regulations and add or change some provisions.
Our goal was to make it easier for the public to understand the
requirements for raptor propagation and the procedures for obtaining a
propagation permit. We opened a public comment period on the proposed
rule until January 12, 2006.
On June 21, 2006, we published a notice of availability of a
``Draft Environmental Assessment on Take of Raptors From the Wild for
Falconry and Raptor Propagation'' (71 FR 35599). We solicited comments
on the draft environmental assessment until September 19, 2006, and
then on that day, we published a notice in the Federal Register to
extend the comment period until November 21, 2006 (71 FR 54794). After
consideration of all the comments received, we published a notice of
availability of the ``Final Environmental Assessment on Take of Raptors
From the Wild for Falconry and Raptor Propagation'' and a Finding of No
Significant Impact on June 6, 2007 (72 FR 31268).
II. Changes in the Regulations Governing Raptor Propagation
We have rewritten the regulations at 50 CFR 21.30 on the
propagation of captive raptors in plain language and have changed or
added some provisions. The following are substantive changes to the
regulations:
1. The permit period is changed from 3 to 5 years.
2. Until they are 1 year old, captive-bred offspring may be used in
actual hunting as a means of training them.
3. We eliminate the requirement for reporting within 5 days on eggs
laid by raptors in propagation. An annual report on propagation efforts
will be required from permittees.
4. A permittee will not have to submit or have a copy of a FWS Form
3-186A for raptors produced by captive propagation if the raptors are
kept in the permittee's possession under his or her propagation permit.
III. Changes From the Proposed Rule
We made many wording and organizational changes from the proposed
rule of October 14, 2005 (70 FR 60052). Major changes from the proposed
rule are limited.
1. We deleted the provision requiring proof of successful
propagation in order to renew a raptor propagation permit.
2. We simplified the facilities requirements now found in paragraph
(c).
3. We will allow the use of propagation raptors in education
programs per paragraph (n).
4. We will allow hacking of raptors produced by captive propagation
per paragraph (q).
5. We will allow ISO-compliant microchips in addition to banding
per paragraphs (e)(1)(ii) and (e)(3).
IV. Comments on the Proposed Rule
We received approximately 500 comments from individuals and
organizations, including 6 from States, on the proposed rule published
on October 14, 2005 (70 FR 60052). We reviewed the comments, and
respond here to the most significant issues raised.
Issue. Requirement for demonstrated propagation success for permit
renewal. A significant proportion of those who commented on this
requirement opposed it. Most pointed out that it is very difficult to
achieve breeding success with some species, and it may even be
difficult with some individual raptors. The change was supported,
without explanation, by some States.
Response. We agree that this requirement may set too high a
standard. We deleted it from this final rule.
Issue. Requirement that propagation raptors be housed separately
from other raptors. Most commenters, including some States, opposed
this proposal because it would add an ``undue financial burden'' for
construction of facilities to house the birds. Visual barriers would
suffice for separating them.
Response. We eliminated this requirement.
Issue. Hacking of captive-bred raptors should be allowed. Hacking
the birds, particularly in their first year, would
[[Page 29666]]
make them more fit for use in falconry and propagation.
Response. We added a provision for hacking.
Issue. Returning used bands. The current regulations and the
proposed regulations require return of used bands. The bands are
destroyed when removed, and returning them adds concerns about disease
transmission.
Response. We revised the language to require destruction of the
bands at paragraph (e)(2)(iv).
Issue. Temporary care of nestlings. It was suggested that we
provide a way for ``assistants'' to the propagator to care for young
nestlings, including keeping the nestlings at a location other than the
propagator's facilities. This would allow better care of nestlings
when, for example, the permittee is at work.
Response. We added provisions for such care to the regulations at
paragraph (j).
Issue. Maintenance of records after expiration of a propagation
permit. Many commenters argued that the requirement for keeping records
for 5 years after a permit expires is unwarranted.
After the expiration of the permit, law enforcement is no longer
authorized to come onto the former permittee's premises to inspect
anything, including the former permittee's paperwork. Law
enforcement would have to seek a judicially issued search warrant to
come onto the premises to inspect the paperwork of an expired
permit. Consequently, the requirement for a permittee to maintain
paperwork for an additional 5 years is a burden without any useful
benefit.
Response. Maintenance of records for 5 years is required of all
permit types issued by the Fish and Wildlife Service (50 CFR 13.46).
The burden from keeping these records is minimal. Law Enforcement
officers may not inspect a former permittee's premises, but they may
request the permittee's records, which the permittee agreed to keep.
Each permittee should recognize that he or she may want the records
later if he or she wishes to get another migratory bird permit, a
Convention on International Trade in Endangered Species of Wild Fauna
and Flora permit, or a Wild Bird Conservation Act permit.
Issue. ``The Division believes that a form 3-186A should be
completed and submitted for all birds, including those produced in
captive propagation, and kept under the propagation permit of the
original propagator. Requiring 3-186A for all birds whenever a bird is
produced (reaches 2 weeks post-hatch), acquired, transferred, or added
to a propagation permit will enable adequate regulatory oversight by
documenting each bird's history.'' (State agency)
Response. We understand the State's concerns on this point.
However, we believe that banding records should be sufficient for law
enforcement purposes.
Issue. ``Given the current threats of West Nile Virus, Avian
Influenza and environmental pollutants to wild raptor populations, and
considering the overwhelming costs of recovering endangered raptor
populations, the Service might consider taking steps to encourage
raptor propagation in the private sector with more user-friendly
oversight.'' (State agency)
Response. We have attempted to simplify and clarify these
regulations, and we hope that they accomplish what the agency asked.
Issue. Allowing propagators to train offspring by allowing them to
hunt. Two States opposed the provision that would allow propagators to
use captive-bred raptors produced in their facilities in hunting or
other training activities until the raptors are 1 year old.
Response. We recognize that this provision would essentially allow
a propagator to fly birds in falconry. However, there is value in
exposing first-year raptors to training, hunting, or both. A State may
wish to further restrict training of raptors in this manner.
Issue. Many commenters said that we should not require that non-
native raptors be banded.
Response. These regulations cover only species protected under the
MBTA. We do not require that species not protected under the MBTA be
banded.
Required Determinations
Regulatory Planning and Review (Executive Order 12866)
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule 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, and
(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 (RFA) that describes the effect of the rule on small entities
(i.e., small businesses, small organizations, and small government
jurisdictions). However, no RFA 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. This determination is based on
the fact that we are not making any changes to the current requirements
for raptor propagation facilities (housing). The changes we are making
are intended primarily to clarify the requirements for raptor
propagation and the procedures for obtaining a raptor propagation
permit. In addition, the changes do not affect either the information
collected or the fee required to obtain a permit. Consequently, we
certify that this rule will not have a significant economic effect on a
substantial number of small entities, and a regulatory flexibility
analysis is not required. Therefore, this is not a major rule under the
Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))
because 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. We foresee no effects on the economy from
implementation of this rule.
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 raptor propagation
does not significantly affect costs or prices in any sector of the
economy.
[[Page 29667]]
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. Raptor propagation is an endeavor of private individuals.
Neither regulation nor practice of raptor propagation 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, and thus a Small Government Agency Plan is not required.
Raptor propagation is an endeavor of private individuals. Neither
regulation nor practice of raptor propagation 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. States will not have
to alter their raptor propagation regulations to comply with the
proposed revisions.
Takings
In accordance with Executive Order 12630, the rule does not have
significant takings implications. This rule has no provision for taking
of private property. A takings implication assessment is not required.
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 should result from the
changes in the regulation of raptor propagation. However, this rule
provides the opportunity for States to cooperate in management of
raptor propagation 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
This proposed rule does not contain new or revised information
collection requirements for which OMB approval is required under the
Paperwork Reduction Act. Information collection required by this
regulation is covered by OMB approval 1018-0022, which expires on
November 30, 2010. This regulation does not add to that approved
information collection. We may not conduct or sponsor, and you are 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. 432-437f) and Part 516 of
the U.S. Department of the Interior Manual (516 DM).). We completed a
Final Environmental Assessment (FEA) in June 2007 (U.S.F.W.S. 2007) (72
FR 31268; June 6, 2007) to assess establishment of regulations
governing the take of raptors for falconry and raptor propagation. We
concluded in a Finding of No Significant Impact that the take of
raptors from the wild for these purposes is not a major Federal action
significantly affecting the quality of the human environment. You can
obtain a copy of the EA by contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
Environmental Consequences of the Action
The changes we make are primarily in the combining, reorganizing,
and rewriting of the regulations. The environmental impacts of this
action are limited.
Socio-economic. We do not expect the action to have discernible
socio-economic impacts.
Raptor populations. This rule will not significantly alter the
conduct of raptor propagation in the United States. We expect it to
have no discernible effect on them.
Endangered and Threatened Species. The regulations have no
provisions that affect threatened or endangered species.
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 raptor propagation on tribal lands.
Energy Supply, Distribution, or Use (Executive Order 13211)
Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. Because this rule only
affects the practice of raptor propagation 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 thus no
Statement of Energy Effects is required.
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 authorized, funded, or completed action'' * * * ``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.
List of Subjects in 50 CFR Part 21
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Regulation Promulgation
For the reasons stated in the preamble, we hereby amend subparts A
and C of part 21, subchapter B, chapter I, title 50 of the Code of
Federal Regulations, as follows:
PART 21--[AMENDED]
0
1. The authority citation for part 21 continues to read as follows:
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.
0
2. Revise Sec. 21.30 to read as set forth below.
Sec. 21.30 Raptor propagation permits.
(a) Legal basis for regulating raptor propagation. (1) Among other
actions, the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703 et seq.)
prohibits any person from capturing from the wild, possessing,
purchasing, bartering,
[[Page 29668]]
selling, or offering to purchase, barter, or sell raptors (vultures,
kites, eagles, hawks, caracaras, falcons, and owls) listed in Sec.
10.13 of this chapter unless the activities are allowed by Federal
permit issued pursuant to this part and part 13 of this chapter, or as
permitted by regulations in this part.
(i) This section covers all ``native'' raptors (accipitriformes,
falconiformes, and strigiformes listed in Sec. 10.13 of this chapter),
and applies to any person who possesses one or more wild-caught,
captive-bred, or hybrid raptors protected under the MBTA to use in
raptor propagation, except that neither bald eagles (Haliaeetus
leucocephalus) nor golden eagles (Aquila chrysaetos) may be propagated
under these regulations or any other permit regulation listed in part
21 of this chapter.
(ii) You must have a Federal raptor propagation permit before you
may capture from the wild, possess, transport, import, purchase,
barter, or offer to sell, purchase, or barter any raptor, raptor egg,
or raptor semen for propagation purposes. Your State may require that
you also have a State permit.
(2) Other regulations, such as those for the Convention on
International Trade in Endangered Species of Wild Fauna and Flora, the
Wild Bird Conservation Act, and State regulations, may affect
propagation-related activities. In cases in which more than one set of
regulations affect raptor propagation, the most restrictive
requirements affecting the activity will apply.
(b) Species available for raptor propagation. If you have a raptor
propagation permit, you may attempt to propagate any species of raptor
listed in Sec. 10.13 of this chapter, with the following exceptions:
(1) You may not propagate bald eagles (Haliaeetus leucocephalus) or
golden eagles (Aquila chrysaetos) under a raptor propagation permit or
any other permit regulation listed in part 21 of this chapter.
(2) If you are authorized by your Regional Migratory Bird Permit
office to do so, you may possess and attempt to propagate threatened or
endangered raptor species. See paragraphs (f) and (u) of this section.
(c) Facilities used for raptor propagation. In addition to the
general conditions found in part 13 of this chapter, raptor propagation
permits are subject to the following additional conditions:
(1) You must maintain any tethered raptor you possess under this
permit in accordance with the facilities and standards requirements in
Sec. 21.29, unless you obtain a written exception to this requirement
from your Regional Migratory Bird Permit Office.
(2) For untethered raptors, your breeding facilities must be
soundly constructed and entirely enclosed with wood, wire netting, or
other suitable material that provides a safe, healthy environment.
(i) Your facilities must minimize the risk of injury by providing
protection from predators, pets, and extreme weather conditions.
(ii) Your facilities must minimize the risk of raptor injuries due
to collision with interior or perimeter construction materials and
equipment, such as support poles, windows, wire netting, perches, or
lights.
(iii) Your facilities must have suitable perches and nesting sites,
fresh air ventilation, a source of light, a well-drained floor, and
ready access for cleaning. Each bird must have access to a pan of clean
water unless weather conditions, the perch type used, or some other
factor makes access to a water pan unsafe for the raptor.
(iv) You do not need to house your propagation raptors separately
from other raptors you hold. However, you must keep raptors that you
are not authorized to propagate separated from those you use in
propagation.
(d) Inspection. In the presence of the permittee, Federal or State
officials may inspect propagation raptors, facilities, equipment, and
records during business hours on any day of the week.
(e) Banding of raptors used for propagation. --(1) Certain species.
You must band a goshawk (Accipiter gentilis), Harris's hawk (Parabuteo
unicinctus), peregrine falcon (Falco peregrinus), or gyrfalcon (Falco
rusticolus) that you take from the wild to use in captive propagation.
(i) You must use a nonreusable band that we provide.
(ii) You may purchase and implant an ISO (International
Organization for Standardization)-compliant 134.2 kHz microchip in the
raptor in addition to banding it.
(iii) You must report the information on the raptor (including
information identifying the microchip, if you implant one, and where it
is located) at http://permits.fws.gov/186A or by submitting a paper FWS
Form 3-186A form to your State or tribal agency that governs
propagation, if applicable, and to us.
(2) Banding nestlings. Unless a particular nestling is specifically
exempted, you must band every captive-bred raptor within 2 weeks of
hatching.
(i) You must use a numbered, seamless band that we will provide.
(ii) You must use a band with an inside diameter that is small
enough to prevent loss or removal of the band when the raptor is grown
without causing serious injury to the raptor or damaging the band's
integrity or one-piece construction.
(iii) You may band a nestling with more than one band of different
sizes if you cannot determine the proper size when you band the
nestling. You must then remove and destroy all but the correctly sized
band before the nestling is 5 weeks old.
(iv) You may submit a letter requesting an exemption from the
banding requirement for any nestling or fledgling for which the band
causes a problem. If you demonstrate that the band itself or the
behavior of the raptor in response to the band poses a hazard to the
raptor, we may exempt that raptor from the banding requirement. You
must destroy the band after you remove it.
(3) You may purchase and implant an ISO-compliant 134.2 kHz
microchip in the raptor in addition to a band. You must report
information to identify the microchip and where on the raptor the chip
is implanted when you report your acquisition of the raptor.
(4) If a captive-bred raptor is not banded with a seamless band, or
if you must remove the seamless band from a captive-bred raptor, you
must band the bird with a nonreusable band that we provide.
(f) Taking and transferring raptors or raptor eggs from the wild to
use in propagation. You may take no more than two raptors or raptor
eggs from the wild each year to use in propagation.
(1) The State `must authorize you to take the raptor(s) or egg(s)
from the wild.
(2) You must comply with all State laws in taking raptor(s) or
egg(s) from the wild.
(3) You may take a raptor listed in Sec. 17.11(h) of this chapter
as ``endangered'' or ``threatened'' from the wild only if you have a
permit under part 17 of this chapter (See paragraph (u) of this
section.).
(4) You may transfer a raptor taken from the wild for propagation
to any other person authorized to possess it, except that you must
comply with the prohibitions in Sec. 21.29 on a transfer to a
falconer.
(g) Transfer, purchase, sale, or barter of captive-bred raptors,
eggs, or semen.
(1) You may transfer, sell, or barter a lawfully possessed captive-
bred raptor to another person authorized to possess captive-bred
raptors if the raptor is marked on the metatarsus by a seamless,
numbered band that we provide.
[[Page 29669]]
(2) You may transfer, sell, or barter a lawfully possessed raptor
egg or raptor semen produced by a raptor held under your captive
propagation permit (including a raptor taken from the wild) to another
raptor propagation permittee.
(3) You may not purchase, sell, or barter any raptor eggs or any
raptors taken from the wild in the United States or its territories or
possessions, any semen collected from a raptor in the wild in the
United States or its territories or possessions, or any raptor hatched
from eggs taken from the wild in the United States or its territories
or possessions.
(h) Required paperwork. You must have a copy of a properly
completed FWS Form 3-186A (Migratory Bird Acquisition and Disposition
Report) for each raptor you acquire or that is transferred to you.
(1) You do not have to submit or have a copy of an FWS Form 3-186A
for raptors you produce by captive propagation if you keep the raptors
in your possession under your propagation permit.
(2) If you sell, trade, barter, or transfer a raptor held under
your captive propagation permit, even if the transfer is to a falconry
permit you hold, you must complete an FWS Form 3-186A and send it to us
within 5 calendar days of the transfer.
(i) Care of a propagation raptor by another person--
(1) Care of a propagation raptor by another permittee. The
regulations in this paragraph pertain to care of propagation raptors by
persons other than the permittee. Another person who can legally
possess raptors may care for a propagation raptor for you for up to 120
calendar days.
(i) The person must have a letter from you authorizing him or her
to care for the birds, beginning on the date of your letter.
(ii) The raptor will remain on your raptor propagation permit. If
the person who temporarily holds it for you is a falconer or a captive
propagator, the raptor will not be counted against his or her
possession limit on raptors held for falconry or propagation. However,
the other person may not use the raptor in falconry or in propagation.
(iii) If you wish to have someone else care for a propagation
raptor for more than 120 days, or if you wish to let another person use
the raptor in falconry or captive propagation, you must transfer the
raptor to that person and report the transfer by submitting a completed
FWS Form 3-186A.
(2) Care of a propagation raptor by an individual who does not have
a propagation or falconry permit. Another person may care for
propagation raptors you possess for up to 120 consecutive calendar
days.
(i) The raptor(s) will remain on your propagation permit.
(ii) The raptors must remain in your facilities.
(iii) This care may be extended indefinitely in extenuating
circumstances, such as illness, military service, or for a family
emergency. The person(s) caring for your raptors may not fly them for
any reason.
(j) Care of nestlings by an individual who does not hold a
migratory bird permit. Another person may temporarily care for and band
nestlings you hold from the time they are hatched until they are fully
feathered. You may allow the other person to keep the nestlings at
another location. You must give the individual a letter authorizing him
or her to care for the nestlings, beginning on the date of your letter.
The care might be part of each day during the nestling period so that
the nestlings can be fed, or it might be a series of full days if
transport to and from the breeding facility is not practical or needed.
(k) Disposition of molted feathers from a live raptor or carcasses
of raptors held under your permit.
(1) You may donate the body or feathers of any species you possess
under your propagation permit to any person or institution exempt under
Sec. 21.12 or authorized by permit to acquire and possess such parts
or feathers.
(2) For any raptor you hold under your propagation permit, if the
bird was banded or microchipped prior to its death, you may keep the
body to have the feathers available for imping or to have the body
mounted by a taxidermist. You may use the mount in propagation
activities or in giving conservation education programs. If the bird
was banded, you must leave the band on the body. If the bird has an
implanted microchip, the microchip must be placed inside the mounted
bird.
(3) If you do not wish to donate the bird body or feathers or keep
it or them yourself, you must burn, bury, or otherwise destroy it or
them within 10 days of the death of the bird or after final examination
by a veterinarian to determine cause of death. Carcasses of euthanized
raptors could pose a risk of secondary poisoning of eagles and other
scavengers. You must take appropriate precautions to avoid such
poisonings.
(4) If you do not donate the bird body or feathers or have the body
mounted by a taxidermist, you may possess the flight feathers for as
long as you have a valid raptor propagation or falconry permit.
However, you may not buy, sell, or barter the feathers. You must keep
the paperwork documenting your acquisition of the bird.
(l) Raptor products. You may possess addled or blown eggs, nests,
and feathers from raptors held under permit, and may transfer any of
these items to any other person authorized to possess them.
(m) Release to the wild. You may release a captive-bred raptor to
the wild if it is allowed by the State or territory in which you wish
to release the raptor, except that you may not release a hybrid raptor
to the wild. You must leave the captive-bred band on any raptor you
release to the wild.
(n) Conservation education programs. You may use a raptor you
possess for raptor propagation in conservation education programs
presented in public venues.
(1) You do not need a Federal education permit to conduct
conservation education activities using a propagation raptor.
(2) You must use the raptor primarily for propagation.
(3) You may charge a fee for presentation of a conservation
education program. The fee may not exceed the amount required to recoup
your costs.
(4) In conservation education programs, you must provide
information about the biology, ecological roles, and conservation needs
of raptors and other migratory birds, although not all of these topics
must be addressed in every presentation. You may not give presentations
that do not address falconry and conservation education.
(5) You are responsible for all liability associated with
conservation education activities you undertake (see Sec. 13.50 of
this chapter).
(o) Permit restrictions. With limited exceptions, you may use
raptors held under your captive propagation permit only for propagation
or keep them to transfer or sell. You must transfer a raptor used in
captive propagation to a falconry permit before you or another person
may use it in falconry. If you transfer a raptor used in captive
propagation to another permit, you and the recipient of the raptor
(which might be you) must complete an FWS Form 3-186A and report the
transfer. You do not need to transfer a bird from your falconry permit
(if you hold one) if you use the bird for fewer than 8 months in a year
in captive propagation, but you must do so if you permanently transfer
the bird for propagation. The bird must then be banded as required in
paragraph (e).
(p) Training propagation raptors. You may use falconry training or
conditioning practices such as, but not
[[Page 29670]]
limited to, creance (tethered) flying, lures, balloons, or kites in
training or conditioning captive-bred progeny of raptors you hold under
your permit.
(1) Until the raptors are 1 year old, you may use captive-bred
offspring in actual hunting as a means of training them. To do so, you
will not need to transfer them to another permit type. You may not use
them in hunting after their first year if they are held under your
captive propagation permit.
(2) Any hybrid raptor that you fly free must have at least two
attached radio transmitters to help you to locate the bird.
(3) You may not hunt at any time with raptors you use in
propagation.
(q) Hacking of propagation raptors. ``Hacking'' (temporary release
to the wild) is an approved method to condition raptors. You may hack a
raptor that you produce under your propagation permit.
(1) You may need permission from your State or tribal wildlife
agency to hack a raptor you possess under your propagation permit.
Check with your State or tribal agency that regulates falconry to
determine if hacking is allowed.
(2) Any hybrid you hack must have two attached functioning radio
transmitters during hacking.
(3) You may not hack a raptor near a nesting area of a federally
threatened or endangered bird species or in any other location where
the raptor is likely to harm a federally listed threatened or
endangered animal species that might be disturbed or taken by your
falconry raptor. You should contact your State or territorial wildlife
agency before hacking a falconry raptor to ensure that this does not
occur. Contact the Fish and Wildlife Service office in your State or
territory for information on federally listed species.
(r) Transfer of propagation raptors and offspring if a permittee
dies. A surviving spouse, executor, administrator, or other legal
representative of a deceased raptor propagation permittee may transfer
any bird, eggs, or semen held by the deceased permittee to another
authorized permittee within 90 days of the death of the falconry
permittee. After 90 days, disposition of a bird held under the permit
is at our discretion.
(s) Records of captive propagation efforts. You must maintain
complete and accurate records of all operations, including the
following, for at least 5 years after the expiration of your permit.
However, you may want to retain your records for a longer time if you
want to get another migratory bird permit, a Convention on
International Trade in Endangered Species of Wild Fauna and Flora
permit, or a Wild Bird Conservation Act permit.
(1) The acquisition of raptors, eggs, or semen you acquired from
the wild or that were transferred to you.
(i) What you acquired, and the species, sex, age, and band number
of each bird you acquired.
(ii) Whether you acquired the raptor, egg, or semen from the wild
or you purchased it or it was transferred to you.
(2) The disposition of raptors, eggs, or semen you sell or transfer
to another permittee. The information should include the band number of
raptors you sell or transfer.
(t) Annual report. You must submit a completed FWS Form 3-202-8 to
your Regional Migratory Bird Permit office by January 31 each year for
January 1 through December 31 of the preceding year.
(u) Endangered or threatened species. If you wish to propagate
endangered or threatened species, you must have at least 2 years of
experience handling raptors in a propagation program or programs. You
may also need an endangered species permit to propagate threatened or
endangered raptors. See Sec. Sec. 17.21 and 17.22 of this chapter for
permit requirements to propagate threatened or endangered raptors.
(v) Applying for a Federal raptor propagation permit. Using FWS
Form 3-200-12, you must submit your application for a raptor
propagation permit to the appropriate Regional Director, to the
attention of the Migratory Bird Permit Office. You can find addresses
for the Regional Directors in 50 CFR 2.2. Your application must contain
the general information and the certification required in Sec.
13.12(a) of this chapter, a copy of your State permit authorizing
raptor propagation, if your State requires one, and a description
(including dimensions), drawings, and photographs of the facilities and
equipment you will use.
(w) Criteria for issuing a permit. When we receive a completed
application, we will decide whether we should issue a permit to you. We
will consider the general criteria in part 13 of this chapter and the
following factors:
(1) You must be at least 18 years old and have at least 2 full
years of experience handling raptors.
(2) You must have a propagation permit or other authorization for
raptor propagation from your State or Tribe, if your State or Tribe
requires it.
(3) Your raptor propagation facilities must be adequate for the
number and species of raptors to be held under your permit.
(x) Updating a raptor propagation permit after a move. If you move
within your State or get a new mailing address, you must notify us
within 30 days (see Sec. 13.23(c) of this chapter). If you move to a
new State, within 30 days you must inform both your former and your new
(if applicable) Migratory Bird Permit Offices of your address change.
If you have new propagation facilities, you must provide information,
pictures, and diagrams of them, and they may be inspected in accordance
with Federal or State requirements. Thereafter, no mandatory
inspections of the facilities will continue.
(y) Permit expiration. Your Federal permit may be valid for up to 5
years from when it is issued or renewed. It will expire on the same day
as your State permit, unless your State permit is for a period longer
than 5 years, or unless we amend, suspend, or revoke it.
Dated: May 12, 2011.
Will Shafroth,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-12519 Filed 5-20-11; 8:45 am]
BILLING CODE 4310-55-PDEPARTMENT OF COMMERCE