[Federal Register Volume 70, Number 198 (Friday, October 14, 2005)]
[Proposed Rules]
[Pages 60052-60058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20596]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
RIN 1018-AT60
Migratory Bird Permits; Changes in the Regulations Governing
Raptor Propagation
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 captive propagation of raptors in the
United States. We propose reorganization of the current regulations,
and we have added or changed some provisions therein. The changes will
make it easier to understand the requirements for raptor propagation
and the procedures for obtaining a propagation permit.
DATES: Send comments on this proposal by January 12, 2006.
ADDRESSES: You may submit comments, identified by RIN 1018-AT60, 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:
[email protected]. Include ``RIN 1018-AT60'' in the
subject line of the message.
Mailing address for paper or computer media comments:
Division of Migratory Bird Management, U.S. Fish and Wildlife Service,
4401 North Fairfax Drive, Mail Stop MBSP-4107, Arlington, Virginia
22203-1610.
Address for hand delivery of comments: 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-AT60 at the beginning. All comments
received, including any personal information provided, will be
available for public inspection at the address shown above for hand
delivery of comments. For detailed instructions on submitting
[[Page 60053]]
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 use of raptors are strictly prohibited except as
permitted under regulations implementing the MBTA. Raptors also may be
protected by State regulations. 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 (for eagles) 22.
Changes in the Regulations Governing Raptor Propagation
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. The permit period is changed from 3 to 5 years.
2. Raptor propagation permits will no longer be renewed without
evidence of successful captive propagation during the term of the
permit.
3. All birds held under a captive propagation permit must actually
be used in propagation or permission to continue to hold them under the
permit will not be granted.
4. Captive-bred progeny may be trained for use in falconry. Until
they are 1 year old, captive-bred offspring may be used in actual
hunting as a means of training them.
5. The requirement for reporting within 5 days on eggs laid by
birds in captive propagation is eliminated. An annual report on
propagation efforts is all that will be required of permittees.
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 proposed 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. 21.30 Raptor propagation permits.'') (5)
Is the description of the rule in the SUPPLEMENTARY INFORMATION section
of the preamble helpful in understanding the proposed rule? What else
could we do to 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 [email protected].
Regulatory Planning and Review
In accordance with the criteria in Executive Order 12866, this rule
is not a significant regulatory action.
a. 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. This is primarily
a plain-language rewrite of the current regulation. A cost-benefit and
economic analysis thus is not required. We foresee no particular
effects on people practicing raptor propagation.
b. This rule will not create inconsistencies with other agencies'
actions. The rule deals solely with governance of captive raptor
propagation in the United States. No other Federal agency has any role
in regulating this endeavor.
c. 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 raptor propagation.
d. This rule will not raise novel legal or policy issues. This rule
is primarily a reorganization and plain language rewrite of the
existing regulations. New provisions proposed in the rule are in
compliance with other laws, policies, and regulations.
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 proposing any changes to the current
requirements for raptor propagation facilities (housing). The changes
we are proposing are intended primarily to clarify the requirements for
raptor propagation and the procedures for obtaining a raptor
propagation permit. In addition, the changes we propose affect neither
the information collected nor the fee required to obtain a permit.
Consequently, we certify that this proposed rule will not have a
significant economic effect on a substantial number of small entities,
and thus a regulatory flexibility analysis is not required. Thus, 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
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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.
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 thus 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
proposed 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 for which OMB approval is required under the Paperwork
Reduction Act. Information collection required by this proposed
regulation is covered by OMB approval 1018-0022, which expires on July
31, 2007. This regulation does not add to that approved information
collection. The Service 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. 432-437f) 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. We will prepare an updated Environmental
Assessment on the take of raptors for use in propagation 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 raptor propagation 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 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.
Are There 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.
Socio-economic. We do not expect the proposed 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 raptor populations.
Endangered and Threatened Species. The regulations have no new
provisions that affect threatened or endangered species.
Does This Rule Comply With Endangered Species Act Requirements?
Yes. 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.
Author
The primary 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 MBSP-4107, Arlington, Virginia 22203-
1610.
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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 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 draft raptor propagation regulations,
and submit your comments as an ASCII file. Do not use special
characters or any encryption. If you do not receive a confirmation from
the system that we have received your electronic comments, you can
contact us directly at 703-358-1714. When submitting electronic or
written comments, refer to the file number RIN 1018-AT60.
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 -1610. The administrative record 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. Individual
respondents may request that we withhold their home address from the
rulemaking record, which we will honor to the extent allowable by law.
In some circumstances, we would also withhold from the rulemaking
record a respondent's identity, as allowable by law. If you wish for us
to withhold your name 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.
List of Subjects in 50 CFR Part 21
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Proposed Regulation
For the reasons stated in the preamble, we propose to amend part
21, subpart C, of subchapter B, chapter I, title 50 of the Code of
Federal Regulations, as follows:
PART 21--[AMENDED]
1. The authority citation for part 21 continues to read as follows:
Authority: 16 U.S.C. 703-712; Pub. L. 106-108; 16 U.S.C. 668a.
2. Revise Sec. 21.30 as set forth below.
Sec. 21.30 Raptor propagation permits.
(a) What is the legal basis for regulating raptor propagation? The
Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703 et seq.) prohibits any
person from capturing from the wild, purchasing, bartering, selling, or
offering to purchase, barter, or sell raptors (birds of prey) listed in
Sec. 10.13 of this subchapter B, or undertaking any other uses of
these birds unless the uses are allowed by Federal regulation and the
person has a permit to conduct the activity. These regulations cover
all Falconiformes (kites, eagles, hawks, caracaras, and falcons) and
all Strigiformes (owls) listed in Sec. 10.13 of this subchapter B
(``native'' raptors) and apply to any person who holds for propagation
one or more native raptors. Captive propagation of raptors is allowed
to minimize the pressure on wild populations resulting from take from
the wild for falconry. Wild-caught and captive-bred raptors of species
protected under the MBTA are always under the stewardship of the U.S.
Fish and Wildlife Service. They are not private property.
(b) Do other Federal or State regulations affect raptor propagation
activities? Yes. 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 in question will apply.
(c) Is captive propagation allowed for all raptor species? No. The
Bald and Golden Eagle Protection Act (16 U.S.C. 668) makes no provision
for captive propagation of golden eagles or bald eagles. These species
may not be used in captive propagation.
(d) What facilities requirements for raptors are associated with
raptor propagation permits? In addition to the general conditions found
in part 13 of this subchapter B, raptor propagation permits are subject
to the following additional conditions:
(1) Your facilities may be adjacent to or adjoining other
facilities you maintain for birds held under other permit types.
However, birds held under your raptor propagation permit must be kept
separate from birds held under other permit types.
(2) 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.
(3) 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 collision
with interior or perimeter construction materials and equipment such as
support poles, windows, wire netting, perches, or lights.
(iii) Your facilities must have observation windows or video
cameras that will allow you to check on your birds with minimal
disturbance to them.
(iv) Your facilities must have suitable perches and nesting sites,
fresh water for bathing and drinking, fresh air ventilation, a source
of light, a well-drained floor, and ready access for cleaning.
(v) The interior of your propagation facilities must be of
materials suitable for thorough cleaning or disinfection.
(e) Do I have to band raptors held for use in captive propagation
that are not captive-bred? Yes. Unless we specifically exempt a
particular raptor, any raptor taken from the wild must be banded with a
permanent, nonreusable band that we will provide.
(f) Do I have to band captive-bred raptors? Yes. Unless a
particular nestling is specifically exempted, you must band every
captive-bred raptor within 2 weeks of hatching with a numbered,
seamless band placed on the nestling's leg. We will provide the
necessary bands.
(1) 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.
(2) 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 all but the correctly sized band when
the nestling is 5 weeks old, and you must return to us the band(s) you
remove.
(3) You may request an exemption from the banding requirement for
any
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nestling or fledgling for which the band causes a problem. If you
demonstrate that the band itself or the behavior of the bird in
response to the band poses a hazard to the bird, we will exempt that
bird from the banding requirement.
(g) Are there restrictions on taking raptors or raptor eggs from
the wild? Yes. If your permit authorizes you to take raptors or raptor
eggs from the wild, you must meet the following requirements:
(1) The State or foreign country in which the raptors or raptor
eggs are taken must authorize you in writing to take the raptor(s) or
raptor egg(s) from the wild for propagation purposes.
(2) You may not take a raptor listed in Sec. 17.11(h) of this
chapter as ``endangered'' or ``threatened'' from the wild without a
permit under part 17 of this subchapter B.
(3) You must comply with all State laws in taking a raptor or
raptor egg(s) from the wild.
(h) May I transfer, purchase, sell, or barter raptors, raptor eggs,
or raptor semen? Yes, but only those from captive-bred and -raised
birds.
(1) You may transfer, sell, or barter any lawfully possessed
captive-bred raptor to another raptor propagation permittee, to a
person with a valid State falconry permit, or to another person
authorized to possess captive-bred raptors if the raptor is marked on
the metatarsus by a seamless, numbered band we will supply.
(2) You may transfer, sell, or barter any lawfully possessed raptor
egg or raptor semen produced by a bird held under your captive
propagation permit, or under your falconry permit if you are using
falconry birds in propagation, to another raptor propagation permittee.
(3) If you purchase from or barter with any person in a foreign
country, that person must be authorized by the wildlife management
authority of that country to sell or barter captive-bred raptors.
(4) If you transfer to, sell to, or barter with any person in a
foreign country, that person must be authorized to possess, purchase,
or barter captive-bred raptors by the wildlife management authority of
the country. The wildlife management authority must certify in writing
that the recipient is an experienced falconer or raptor propagator who
is required to maintain any raptors in his or her possession under
conditions that are comparable to the conditions under which a
permittee must maintain raptors under Sec. Sec. 21.29 or 21.30. No
certification is required if the competent wildlife management
authority itself is the recipient of captive-bred raptors for
conservation purposes.
(5) You may not trade, transfer, purchase, sell, or barter a
captive-bred raptor until it is 2 weeks old.
(6) You may not purchase, sell, or barter any raptor eggs or any
raptors taken from the wild, any raptor semen collected from the wild,
or any raptors hatched from eggs taken from the wild.
(i) Do I need to document lawful possession of a bird held for
captive propagation? Yes. You must have a copy of a properly completed
FWS Form 3-186A (Migratory Bird Acquisition and Disposition Report) for
each bird you acquire or that is transferred to you. However, you do
not have to submit or have a copy of an FWS Form 3-186A for raptors you
produced by captive propagation if you keep the birds in your
possession under your propagation permit.
(j) Do I have to report the transfer of a propagation raptor to
another permittee or to another permit I hold? Yes. 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.
(k) May another person care for a propagation bird for me
temporarily? Yes. Another person who can legally possess raptors may
care for a propagation raptor for you for up to 45 calendar days. The
person must have a signed and dated statement from you authorizing the
temporary possession, plus a copy of the 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 the other person will keep
the bird, and about what he or she is allowed to do with it. The bird
will remain on your raptor propagation permit. If the person who
temporarily holds it for you is a falconer or a captive propagator, the
bird will not be counted against his or her possession limit on birds
held for falconry or propagation. However, the other person may not use
the bird in falconry or in propagation. If you wish to have someone
else care for a propagation raptor you hold for more than 45 days, or
if you wish to let another person use the bird in falconry or captive
propagation, you must transfer the bird to that person and report the
transfer by submitting a completed FWS Form 3-186A.
(l) May I produce hybrid raptors in captive propagation? Yes.
However, interspecific hybridization is authorized only if each bird
produced is imprinted on humans by being hand-raised in isolation from
the sight of other raptors from 2 weeks of age or it is surgically
sterilized.
(m) What do I do with the body of a raptor held for captive
propagation that dies? If a bird you hold for captive propagation dies,
you must remove and return its band to us with an FWS Form 3-186A
reporting the death of the bird. You must destroy the carcass of the
bird immediately, unless you request authorization from us to retain
possession of it temporarily. If you receive authorization to do so,
you may transfer the carcass to any other person authorized by the
Service to possess it (who may be you under another permit type),
provided no money or other consideration is involved.
(n) What do I do with nonviable eggs, nests, and feathers? You may
possess addled or blown eggs, nests, and feathers suitable for imping
(replacing a damaged feather with a molted feather) from raptors held
under permit and may transfer any of these items to any other person
authorized by the Service to possess them, provided that no money or
other consideration is involved.
(o) May I release captive-bred raptors to the wild? Yes, except
that you may not release a raptor produced by interspecific
hybridization to the wild. To release a captive-bred raptor, you must
have written authorization from us and from the State agency that
regulates such releases in the State in which you wish to release the
bird. You should leave the captive-bred band on the bird.
(p) What records of my captive propagation efforts do I have to
keep? You must maintain complete and accurate records of all
operations, including the following, for at least 5 years from the date
of expiration of your permit:
(1) The acquisition of raptors, eggs, or semen from sources other
than production.
(i) Whether the stock was semen, eggs, or birds.
(ii) A description of the stock.
(A) The species, sex, and age of each (if applicable).
(B) The natal area (geographical breeding site or area that captive
stock represents, e.g., Colville River, Alaska; unknown; migrant taken
in Maryland, etc.).
(C) The band number (if applicable).
(iii) How the stock was acquired, i.e., whether it was purchased,
bartered, or transferred (include the purchase price or a description
of any other consideration involved), or taken from the wild.
(iv) The day, month, and year the stock was acquired.
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(v) The name, address, and permit number of the person from whom
the stock was acquired or the location where the stock was taken from
the wild.
(2) The disposition of raptors, eggs, or semen.
(i) Whether the stock was semen, eggs, or birds.
(ii) A description of the stock.
(A) The species, sex, and age of each (if applicable).
(B) The natal area (geographical breeding site or area that captive
stock represents, e.g., Colville River, Alaska; unknown; migrant taken
in Maryland, etc.).
(C) The band number of each (if applicable).
(iii) How you disposed of the stock, i.e., whether by sale, barter,
or transfer (include the sale price or a description of any other
consideration involved), escape, intentional release to the wild, or
death.
(iv) The day, month, and year you disposed of the stock.
(v) To whom or where you disposed of the stock. Provide information
on the name, address, and permit number of the purchaser, barterer, or
transferee, or describe the location of any other disposition.
(3) The production and pedigree record for the male and the female
in each propagation attempt.
(i) The species, natal area, and band number for each bird.
(ii) Whether insemination was natural, artificial, or a combination
thereof.
(iii) How many eggs were laid and the laying date for each of them.
(iv) How many eggs hatched and the hatching date for each of them.
(v) How many young were raised to 2 weeks of age and the band
number for each of them.
(q) Do I have to provide reports on my captive propagation
activities? Yes. For determining take of raptors for captive
propagation and reporting on propagation activities, you must submit an
annual report to us by January 31 for the preceding year. For purposes
of this reporting requirement, a year runs from January 1 through
December 31. Your report must include the following information for
each species you held under your captive propagation permit:
(1) The number of raptors you possessed for captive propagation as
of December 31 (including the species, band number, sex, and hatch date
of each raptor).
(2) The number of eggs laid by each female.
(3) The number of young raised to 2 weeks of age.
(4) The number of raptors you purchased, sold, bartered, received,
or transferred (including the species, band number, sex, and age of
each raptor), the date of the transaction, and the name, address, and
permit number of each purchaser, seller, barterer, transferor, or
transferee.
(5) The number of unused seamless bands of each size that you have
in your possession.
(r) May I use a bird held for captive propagation in falconry? No.
You may use raptors held under your captive propagation permit only for
propagation. You must transfer a bird held for captive propagation to a
falconry permit before you or another person may use it in falconry. If
you transfer a bird held for captive propagation to another permit, you
and the person to whom you transfer the bird must complete an FWS Form
3-186A and report the transfer.
(s) May I train captive-bred offspring for use in falconry? Yes.
You may train any captive-bred progeny of raptors you hold under your
permit. You may use falconry training or conditioning practices, such
as the use of creance (tethered) flying, lures, balloons, or kites in
training or conditioning these birds. Until they are 1 year old, you
also 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. You may not hunt
at any time with birds used in propagation.
(t) Do I need a Federal permit to possess raptors for propagation?
Yes. 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 also may require that you
have a State permit.
(u) How do I apply 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 subchapter, and the following information:
(1) A statement indicating the purpose(s) for which you seek to
breed raptors and, if applicable, the scientific or educational
objectives of your propagation efforts.
(2) A copy of your State permit authorizing raptor propagation.
(3) A statement fully describing your experience with raptor
propagation or handling, including the names of the species with which
you have worked and duration of your activities with each.
(4) A description of each raptor you possess at the time of your
application and will use in propagation efforts, including the species,
age (if known), sex (if known), date of acquisition, source, and raptor
band number.
(5) A description of each raptor you possess for purposes other
than raptor propagation, including the species, age (if known), sex (if
known), date of acquisition, source, raptor band number, and purpose
for which it is possessed.
(6) A description (including dimensions, drawings, and photographs)
of the facilities and equipment you will use.
(7) A statement indicating whether you wish to take raptors or
raptor eggs from the wild.
(v) What are the criteria for issuing a permit? When we receive an
application completed as required in paragraph (u) of this section, we
will decide whether we should issue a permit to you. We will consider
the general criteria in Sec. 13.21(b) of this subchapter B 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) If you seek authority to propagate endangered or threatened
species, you must have at least 5 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 subchapter B for permit requirements
to propagate threatened or endangered raptors.
(3) You must have a propagation permit or other authorization for
raptor propagation from your State, if your State requires such
authorization.
(4) Your raptor propagation facilities must be adequate for the
number and species of raptors to be held under your permit.
(5) For renewal of your Federal permit, when you seek the renewal
you must provide documentation of your successful captive propagation
efforts (young that reach fledging age) during the tenure of your
permit.
(6) If you seek to take raptors or eggs from the wild to use in
propagation efforts, we will consider the following in deciding whether
to grant you
[[Page 60058]]
authority to take raptors or eggs from the wild:
(i) Whether issuing the permit would have a significant effect on
any wild population of raptors.
(ii) Whether suitable captive stock is available.
(iii) Whether wild stock is needed to enhance the genetic
variability of captive stock.
(w) What procedures do I follow to update my captive propagation
permit if I move? If you move within your State or get a new mailing
address, you must notify us within 10 days (see Sec. 13.23(c) of this
subchapter B). If you move to a new State, within 10 days you must
inform both your former and your new Fish and Wildlife Service
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 have to be inspected in accordance with
Federal and/or State requirements.
(x) For how long is my Federal captive propagation permit valid?
Your Federal permit will 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.
(y) What are the requirements for renewal of my captive propagation
permit? For us to renew your permit, you must provide documentation
that you have had at least one young raised to fledging age within the
last 5 years, or that the bird held for propagation has produced semen
or eggs used in captive propagation efforts. This requirement applies
to each bird held under the propagation permit, and both male and
female birds held under this permit must be involved in the breeding
program. However, if you can provide justification for allowing renewal
of your propagation permit although you were unable to document that at
least one young raised to fledging age, semen, or eggs were produced by
each bird held under your propagation permit and used in captive
propagation efforts, we will consider renewing your permit for an
additional permit cycle. If, after your first renewal, you do not
provide documentation of successful captive propagation or production
of eggs or semen used in captive propagation within the next 5 years,
we will not renew your permit again. If we do not renew your permit or
do not allow continued possession of a bird or birds for captive
propagation (including captive-bred raptors), within 30 days you must
transfer any such bird to another raptor propagator or to a falconer,
or release it to the wild (if release of the species is allowed by the
state).
Dated: October 3, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-20596 Filed 10-13-05; 8:45 am]
BILLING CODE 4310-55-P