[Federal Register Volume 70, Number 26 (Wednesday, February 9, 2005)]
[Proposed Rules]
[Pages 6978-6992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2378]



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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Parts 21 and 22



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

  Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / 
Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 21 and 22

RIN 1018-AG11


Migratory Bird Permits; Changes in the Regulations Governing 
Falconry

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

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

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

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

SUPPLEMENTARY INFORMATION:

Background

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

Changes in the Regulations Governing Falconry

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

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


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

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

Clarity of This Regulation

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

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

Regulatory Planning and Review

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

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

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

Unfunded Mandates Reform Act

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

Takings

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

Federalism

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

Civil Justice Reform

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

Paperwork Reduction Act

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

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Information from the collection is used to document take of wild 
raptors for use in falconry and to document transfers of birds held for 
falconry between permittees. A Federal agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number.

National Environmental Policy Act

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

Government-to-Government Relationship With Tribes

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

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

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

Environmental Consequences of the Proposed Action

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

Compliance With Endangered Species Act Requirements

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

Author

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

Public Participation

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

List of Subjects

50 CFR Part 21

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

50 CFR Part 22

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


[[Page 6982]]


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

PART 21--MIGRATORY BIRD PERMITS

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

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

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


Sec.  21.2  Scope of regulations.

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


Sec.  21.3  Definitions.

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


Sec.  21.21  Import and export permits.

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


Sec.  21.28  [Removed and Reserved]

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


Sec.  21.29  Falconry standards and falconry permitting.

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

[[Page 6983]]

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

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

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

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

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

[[Page 6984]]

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

[[Page 6985]]



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

    (3) You must have permission from the landowner to trap an eagle.
    (4) At the end of each trapping session, you must report in writing 
to your State or tribal agency that regulates falconry the time and 
date of the beginning and ending of each session, the number of golden 
eagles trapped, approximate age, sex, and state of health of each 
eagle, whether any bird was injured during trapping, and the 
disposition of each eagle. You must file your reports within 5 days of 
the end of each trapping session. Facsimile or electronic mail reports 
are acceptable.
    (5) You must send any captured eagle that is injured or in poor 
health to a permitted wildlife rehabilitator or veterinarian with 
experience handling raptors.
    (4) When must I take a test to qualify for a falconry permit? 
Before you are issued an apprentice permit you must correctly answer at 
least 80 percent of the questions on an examination administered by the 
State or the Tribe under which you wish to obtain a falconry permit. 
The examination must cover care and handling of falconry raptors, 
Federal, State, and tribal (if applicable) laws and regulations 
relevant to falconry, and other appropriate subject matter. Contact 
your State or tribal agency that regulates falconry for information 
about permits and taking the test.
    (5) If my falconry permit has lapsed, can it be reinstated? Yes, if 
your State or Tribe allows it.
    (i) If your permit has lapsed less than 5 years, it may be 
reinstated at the level you held previously if you have proof of your 
certification at that level.
    (ii) If your permit has lapsed 5 years or longer, you must 
correctly answer at least 80 percent of the questions on an examination 
administered by the State or the Tribe under which you wish to obtain a 
falconry permit. If you pass the exam, your permit may be reinstated at 
the level you previously held.
    (iii) If your permit has lapsed less than 2 years, you must provide 
a statement to your State or tribal agency that regulates falconry that 
your falconry facilities meet the standards in paragraph (c)(1) of this 
section before you may keep birds for use in falconry.
    (iv) If your permit has lapsed 2 years or more, your facilities 
must pass State or tribal inspection before you may keep birds for use 
in falconry.
    (6) May I obtain a falconry permit at an appropriate level if I 
have experience in falconry but I am a new resident in the United 
States? If your State or Tribe allows it, you may qualify for the 
falconry permit appropriate for your experience. To demonstrate your 
knowledge of United States falconry laws and regulations, you must 
correctly answer at least 80 percent of the questions on the supervised 
examination for falconers administered by the State or Tribe under 
which you wish to obtain a falconry permit. If you pass the test, the 
State or Tribe will decide for which level of falconry permit you are 
qualified. To do so, the State or Tribe should base its decision on 
your documentation of your experience. Your falconry facilities must 
meet the standards in paragraph (c)(1) of this section before you may 
keep birds for use in falconry.
    (7) Do I need to band a raptor used in falconry? Some birds used in 
falconry must be banded.
    (i) You must band a Harris's hawk, goshawk, peregrine falcon, 
gyrfalcon, or golden eagle that you take from the wild with a 
permanent, nonreusable, numbered Fish and Wildlife Service leg band 
that your State or tribal agency will supply. You must report the band 
number when you report your acquisition of the bird. Contact your State 
or tribal agency for information on obtaining and disposing of bands. 
Within 5 days from the day on which you take the bird from the wild, 
you must report take of the bird by entering the required information 
in the electronic database at http://permits.fws.gov/186A. You should 
request an appropriate band from your State or tribal agency in advance 
of any effort to capture a bird.
    (ii) A raptor bred in captivity must be banded with a seamless 
metal band (see Sec.  21.30). If you must remove the band or if it is 
lost, within 5 days from the day you remove the band you must report 
the loss of the band and request a replacement U.S. Fish and Wildlife 
Service nonreusable band from your State or Tribe. You can submit the 
required information electronically immediately upon rebanding the bird 
at http://permits.fws.gov/186A. You must replace a band that is removed 
or lost.
    (iii) If the band must be removed or is lost from a bird in your 
possession, you must promptly report the loss of the band and request a 
U.S. Fish and Wildlife Service nonreusable band from your State or 
tribal agency that regulates falconry. You must submit the required 
information immediately upon rebanding the bird at http://permits.fws.gov/186A. You must replace a band that is removed or lost.
    (iv) You must not alter, deface, or counterfeit a band. You may 
remove the rear tab on a band on a bird you take

[[Page 6986]]

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

[[Page 6987]]

    (d) Taking, possessing, and transporting raptors for falconry. (1) 
What species of birds may I take from the wild to use for falconry? You 
may take any species of Falconiform or Strigiform that you are allowed 
to possess and that the State or Tribe regulating the land on which you 
wish to take a bird allows you to take.
    (i) You may not capture a species that your classification as a 
falconer does not allow you to possess for falconry.
    (ii) On some tribal lands and in some States there may be tribal, 
State, or Federal restrictions on the take or use of these species, and 
you may need a tribal or State permit or permits to capture a bird.
    (iii) Tribal or State regulations on take may be more restrictive 
than those in this section.
    (iv) Total take of nestling American peregrine falcons (Falco 
peregrinus anatum) is limited to 5 percent of the production of 
nestlings in each state in Alaska, Arizona, California, Colorado, 
Idaho, Montana, New Mexico, Oregon, Utah, Washington, and Wyoming. Take 
must be based on the most recent data from States in which take is 
allowed, and must be in accordance with the provisions in the Service's 
Implementation Plan for Management of Take of Nestling American 
peregrine falcons. Allowing take up to the 5 percent limit is at the 
discretion of each State in which take is allowed.
    (v) If you are a master falconer with sufficient experience and 
your State allows you to possess a golden eagle, you may take a 
subadult golden eagle from the wild only in a depredation area 
certified by USDA Wildlife Services or a State animal damage control 
agency during the time the depredation area is in effect. You must 
immediately release any adult you capture.
    (2) How and when may I take raptors from the wild for use in 
falconry? You may take no more than two birds from the wild each year 
(1 January-31 December) for use in falconry. Birds taken from the wild 
for use in falconry are to be kept specifically for that purpose. A 
falconry bird is considered to be taken from the wild only by the 
person who originally captures it; the bird is not considered to be 
taken from the wild by any subsequent permittee to whom it is legally 
transferred.
    (i) If you transfer a bird you take from the wild to another 
permittee in the same year in which you capture it, the bird will still 
count as one of the birds you are allowed to take from the wild that 
year; it will not count as a capture by the recipient.
    (ii) We do not restrict the number of wild-caught or captive-bred 
birds transferred to you, but you may not exceed your possession limit.
    (iii) If you are a general or master falconer, you may remove 
nestlings from a nest or aerie in accordance with tribal (if 
applicable), State, and Federal restrictions.
    (iv) For flighted birds, you must use a capture method that will 
not harm the bird.
    (v) You may not take birds at any time or in any manner that 
violates any law in the State in which you are trapping or of the Tribe 
on whose land you are trapping.
    (vi) If you are present at the capture site, but another person 
actually captures the bird for you, you are considered the person who 
removed the bird from the wild, and you are responsible for filing a 3-
186A form reporting take of the bird from the wild. This would occur, 
for example, if another person climbed a tree or rappelled down a cliff 
and took a nestling for you and gave it to you at the tree or cliff.
    (vii) If you are not present at the immediate location where the 
bird is taken from the wild, the person who removes the bird from the 
wild must have a permit to do so, and must report take of the bird by 
entering the required information in the electronic database at http://permits.fws.gov/186A within 5 days of the capture of the bird. If that 
person then transfers the bird to you, you must both file 3-186A forms 
reporting the transaction within 5 days of the transfer. The bird will 
count as one of the two birds the person who took it from the wild is 
allowed to capture in any calendar year. The bird will not count as a 
bird you took from the wild. The person who takes the bird from the 
wild must report the take even if he or she promptly transfers the bird 
to another falconry permittee.
    (viii) On any day in which you capture a falconry bird, you may 
temporarily keep a bird you capture while attempting to capture 
another. At the end of the day, you may keep no more than you are 
authorized to take or possess (one bird for an apprentice falconer; two 
birds for a general or master falconer, unless you have already 
captured one during the year).
    (ix) You must band any Harris's hawk, goshawk, peregrine falcon, 
gyrfalcon, or golden eagle that you keep with a permanent, nonreusable, 
numbered Fish and Wildlife Service leg band that your State or tribal 
agency will supply.
    (x) You must report take of the bird by entering the required 
information in the electronic database at http://permits.fws.gov/186A 
within 5 days of the capture of the bird.
    (xi) You must release any bird you do not keep at the site at which 
you captured it.
    (3) What are the restrictions on taking raptors from the wild for 
falconry?
    (i) You may take no more than two birds from the wild per year.
    (ii) If you are an apprentice falconer, you may take only a first-
year red-shouldered hawk (Buteo lineatus), red-tailed hawk (Buteo 
jamaicensis), or American kestrel (Falco sparverius) from the wild. If 
you reside in Alaska, you may take a first-year northern goshawk 
(Accipiter gentilis).
    (iii) If you are a general or master falconer, you may take birds 
less than 1 year of age from the wild during any period or periods 
specified by the State or Tribe.
    (iv) At any time, you may retrap a banded falconry bird you have 
lost within 1 year of its escape. If you have not replaced the bird, it 
will not count as one taken from the wild.
    (v) You may recapture a bird wearing falconry equipment at any 
time. You must report your capture of the bird to your State or tribal 
agency that regulates falconry no more than 5 working days after the 
capture. Disposition of the bird will be at the discretion of the State 
or Tribe.
    (vi) You may take any raptor that you are authorized to possess 
from the wild if the bird is banded with a Federal Bird Banding 
Laboratory aluminum band--except that you may not take a banded 
peregrine falcon from the wild.
    (A) If a raptor you capture (including a peregrine falcon) is 
marked with a seamless metal band, a transmitter, or any other item 
identifying it as a falconry bird, you must report your capture of the 
bird to your State or tribal agency that regulates falconry no more 
than 5 working days after the capture. You must return the bird to the 
person who lost it, if possible, but if no one claims the bird within 
45 days of the date on which you capture the bird, you may keep it to 
use in falconry. While you are holding a bird for return to the person 
who lost it, the bird will not count against your possession limit or 
your limit on take of birds from the wild if you have reported holding 
the bird to your State or tribal falconry permit office.
    (B) Unless it is a falconry bird (identified by a band, bells, 
jesses, or falconry telemetry gear), you must immediately release a 
peregrine falcon you capture that has a band of any kind, a research 
marking, or a transmitter attached to it.
    (C) If a raptor you capture has any other band, research marking, 
or transmitter attached to it, you must

[[Page 6988]]

promptly report the band numbers and all other relevant information to 
the Federal Bird Banding Laboratory at 1-800-327-2263.
    (1) You may contact the researcher and determine if he or she 
wishes to replace a transmitter attached to a bird you capture. If so, 
you are authorized to hold the bird up to 30 days until the researcher 
or his or her designee does so, or until you can replace it yourself. 
Disposition of the bird will be at the discretion of the researcher and 
your State or tribal agency that regulates falconry.
    (2) If you hold such a bird temporarily, it will not count against 
your possession limit for falconry birds.
    (vii) You must leave at least one young in any nest or aerie from 
which you take a nestling.
    (viii) If you are an apprentice falconer, you may not take a 
nestling from the wild.
    (ix) If you are a master falconer with a permit to do so, you may 
take, transport, or possess a golden eagle, subject to the requirements 
listed at paragraphs (b)(3)(i)(E) and (F) of this section and 50 CFR 
22.24. Any golden eagle you possess counts as a bird to be included 
under your possession limit.
    (x) If you are a general or master falconer, you may take no more 
than one bird of a threatened species from the wild each year if the 
regulations in part 17 of this subchapter allow it and if you obtain an 
endangered species permit to do so before you take the bird.
    (4) May I take a species that was recently removed from the List of 
Endangered and Threatened Wildlife (50 CFR 17.11) to use in falconry? 
We must first publish a management plan for the species. If take is 
allowed in the management plan, you may do so in accordance with the 
provisions for take in the plan.
    (5) What must I do with a bird that is injured in my trapping 
efforts? You have two options for dealing with a bird injured in 
trapping. In either case, you are responsible for the costs of care and 
rehabilitation of the bird.
    (i) You may put the bird on your falconry permit. You must report 
take of the bird by entering the required information in the electronic 
database at http://permits.fws.gov/186A within 5 days of the capture of 
the bird. You must then have the bird treated by a veterinarian or a 
permitted wildlife rehabilitator. The bird will count against your 
possession limit.
    (ii) You may give the bird directly to a veterinarian, or a 
permitted wildlife rehabilitator, or an appropriate wildlife agency 
employee. If you do so, it will not count against your allowed take or 
the number of birds you may possess. However, you must report the 
capture of the bird to your State or tribal agency that regulates 
falconry.
    (6) May I acquire a bird for falconry from a permitted 
rehabilitator? Yes, you may acquire a bird suitable for falconry of a 
species that you are permitted to possess directly from a 
rehabilitator. Transfer to a falconer is at the discretion of the 
rehabilitator. If you acquire such a bird from a rehabilitator, within 
5 days of the transaction you must report it by entering the required 
information in the electronic database at http://permits.fws.gov/186A. 
If you acquire such a bird, it will count as one of the birds you are 
allowed to take from the wild that year.
    (7) What must I do if I acquire, transfer, release, lose, or reband 
a raptor? (i) If you acquire a raptor, within 5 days of the transaction 
you must report it by entering the required information in the 
electronic database at http://permits.fws.gov/186A.
    (ii) If you transfer a raptor you hold, reband one, or if one that 
you hold dies, within 5 days from the transfer, rebanding, or loss, you 
must report the action by entering the required information in the 
electronic database at http://permits.fws.gov/186A.
    (A) If a raptor you hold is stolen, you must report the loss or 
theft to your State or tribal agency that regulates falconry and to 
your Fish and Wildlife Service Regional Law Enforcement office (see 
paragraph (b)(3)(iv)(F)(2) of this section) within 5 days of the loss. 
You must report the loss or theft in the manner required by your State 
or Tribe.
    (B) If you lose a raptor to the wild or have one stolen, and if the 
bird is not recovered within 30 days of its loss, you must report the 
loss at http://permits.fws.gov/186A.
    (C) If a bird you hold for falconry dies, you must report the loss 
at http://permits.fws.gov/186A within 5 days of the death of the bird.
    (iii) You must keep copies of all electronic database submissions 
documenting take, transfer, loss, or rebanding of falconry birds until 
5 years after your permit expires.
    (8) May I possess captive-bred or hybrid raptors for falconry?
    (i) Yes, if your Tribe or State allows it, you may use captive-bred 
individuals of the species you are allowed to possess, captive-bred 
individuals of other species listed in part 10 of this subchapter, and 
hybrids of the species listed in Sec.  10.13 of subchapter B of this 
chapter.
    (ii) Hybrid birds must be imprinted by humans or be surgically 
sterilized if they are to be used in falconry. When flown free, a 
hybrid bird must have at least one attached radio transmitter that will 
allow you to locate the bird.
    (9) May I retain birds I possessed before the enactment of the 
Federal falconry regulations in 1976? Yes, but you must identify them 
with approved bands. However, if you possess more than the number of 
birds allowed under your permit type, you may not replace a bird that 
you lose or release, or that dies, until you possess fewer than the 
maximum number of birds allowed under your class of falconry permit. 
Thereafter you may possess no more than the maximum allowed by your 
permit.
    (10) May I retain birds of species that may no longer be taken from 
the wild for use in falconry? Yes, if you hold such a bird on the 
applicability date of this section in your State.
    (i) Any such bird that dies, is lost, escapes, or that you release 
may be replaced only with a bird allowed for use in falconry.
    (ii) You may not possess more birds than your permit allows.
    (11) May I transport a bird that I possess for falconry to another 
State? Yes, you may need permission from the State to which you wish to 
take the bird or from the State under which you hold your falconry 
permit to transport the bird(s) to the other State.
    (12) What must I do if I wish to release a bird in my possession to 
the wild? You must follow State and Federal regulations before 
releasing a falconry bird to the wild.

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

[[Page 6989]]

 
(ii) native to the State,.....  captive-bred,....  not release the bird
                                                    to the wild except
                                                    under special
                                                    circumstances. If
                                                    the Tribe or State
                                                    requires it, you
                                                    must have permission
                                                    from the Tribe or
                                                    State to release the
                                                    bird. If you are
                                                    permitted to do so,
                                                    it must be properly
                                                    ``hacked back''
                                                    (allowed to adjust)
                                                    to the wild at an
                                                    appropriate time of
                                                    year and an
                                                    appropriate
                                                    location. You must
                                                    remove its falconry
                                                    band (if it has one)
                                                    and report release
                                                    of the bird by
                                                    entering the
                                                    required information
                                                    in the electronic
                                                    database at http://permits.fws.gov/186A 186A.
(iii) native to the State,....  wild-caught,.....  release the bird only
                                                    at an appropriate
                                                    time of year and an
                                                    appropriate
                                                    location. You must
                                                    remove its falconry
                                                    band and report
                                                    release of the bird
                                                    by entering the
                                                    required information
                                                    in the electronic
                                                    database at http://permits.fws.gov/186A 186A.
------------------------------------------------------------------------

    (e) Additional information. (1) Are birds removed from the wild for 
falconry always considered ``wild'' birds? Yes, no matter how long such 
a bird is held in captivity or whether it is transferred to another 
permittee or permit type, it is always considered a ``wild'' bird. 
However, it is considered to be taken from the wild only by the person 
who actually captured it.
    (2) Is ``hacking'' of falconry birds permitted? Yes, general or 
master falconers may hack (temporarily release to the wild) a falconry 
bird or birds for 60 calendar days or fewer.
    (i) You may need permission from your State or tribal wildlife 
agency to hack a bird you hold for falconry. Check with your State or 
tribal agency that regulates falconry to determine if hacking is 
allowed.
    (ii) Any bird you are hacking counts against your possession limit 
and must be a species you are authorized to possess.
    (iii) Any hybrids you are hacking must be surgically sterilized or 
imprinted, or both, and must have an attached functioning radio 
transmitter during hacking.
    (iv) If you lose a bird you are hacking, you must report the loss 
to your State or tribal agency that regulates falconry within 5 days. 
If you do not recover the bird within 30 days after it is lost, you 
must report the loss of the bird by entering the required information 
in the electronic database at http://permits.fws.gov/186A.
    (v) You may not hack a falconry bird in the vicinity of a nesting 
area of a threatened or endangered bird species or in any other 
location where the raptor is likely to harm a federally listed 
threatened or endangered species. You must contact your tribal or State 
wildlife agency before hacking a falconry bird to ensure that this does 
not occur.
    (3) May I use other falconry training or conditioning techniques? 
Yes, you may use other acceptable falconry practices, such as the use 
of creance (tethered) flying, lures, balloons, or kites in training or 
conditioning falconry birds.
    (4) May I sell or trade raptors if I have a falconry permit? If 
allowed by your Tribe or State, you may sell, purchase, or barter, or 
offer to sell, purchase, or barter captive-bred raptors marked with 
seamless bands that indicate that the birds were captive-bred. You may 
not do so with wild raptors. You may transfer banded captive-bred birds 
to other permittees who are authorized to hold them. You may possess 
only the raptor species and number allowed under your class of permit.
    (5) May I transfer wild-caught raptors captured for falconry to 
another type of permit? Yes, you may transfer raptors that cannot be 
released to the wild because of age or injury to another permit type if 
the recipient of the bird (which could be you) holds the necessary 
permits for the other activity.
    (i) You may transfer a wild-caught falconry bird to a raptor 
propagation permit after the bird has been used in falconry for at 
least 2 years. When you transfer the bird, you must provide a copy of 
the 3-186A form documenting acquisition of the bird to the Federal 
migratory bird permits office that administers the propagation permit.
    (ii) You may transfer a wild-caught bird to a propagation permit in 
less than 2 years only if the bird has been injured and a veterinarian 
or permitted wildlife rehabilitator has determined that the bird can no 
longer be flown for falconry.
    (A) When you transfer the bird, you must provide a copy of the 3-
186A form documenting acquisition of the bird to the Federal migratory 
bird permits office that administers the propagation permit.
    (B) When you transfer the bird, you must provide a copy of the 
certification from the veterinarian or rehabilitator that the bird is 
not useable in falconry to the Federal migratory bird permits office 
that administers the propagation permit.
    (iii) If you transfer the bird to another falconry permittee, you 
must report the transfer within 5 days by entering the required 
information in the electronic database at http://permits.fws.gov/186A.
    (6) May I transfer captive-bred falconry raptors to another type of 
permit? Yes, if the holder of the other permit type is authorized to 
possess the bird(s). Within 5 days you must report the transfer by 
entering the required information in the electronic database at http://permits.fws.gov/186A.
    (7) May I use birds that I hold under my falconry permit in captive 
propagation? Yes, if birds you hold for falconry are suitable for the 
purpose, you also may use them for captive propagation if you or the 
person overseeing the propagation has the necessary permit(s) (see 
Sec.  21.30), except that you may not use a golden eagle in captive 
propagation. You do not need to transfer a bird from your falconry 
permit if you use it for fewer than 6 months in captive propagation, 
but you must do so if the bird is permanently transferred for 
propagation. The bird must then be banded as required in Sec.  21.30.
    (8) May I use my falconry bird(s) for conservation education 
programs? Yes, if you are a general or master falconer, have not been 
convicted of a violation of tribal, State, or Federal falconry 
regulations in the last 5 years, and if a bird you hold for falconry, 
other than a golden eagle, is suitable for the purpose, you may use it 
in conservation education programs.
    (i) You must use the bird primarily for falconry.
    (ii) You may not use a golden eagle for conservation education.
    (iii) You may charge a fee for presentation of a conservation 
education program.
    (iv) In conservation education programs, you must provide 
information about the biology, ecological roles, and conservation needs 
of raptors and other migratory birds. Presentations that are not 
specific to falconry and conservation education are not permitted.
    (A) You may not use falconry birds for entertainment; 
advertisements; promotion or endorsement of any

[[Page 6990]]

products, merchandise, goods, services, meeting, or fair; or as a 
representation of any business, company, corporation, or other 
organization.
    (B) You may not use falconry birds to make movies, commercials, or 
in other such commercial ventures.
    (v) You do not need a Federal permit to conduct conservation 
education activities using a falconry bird held under a tribal or State 
falconry permit.
    (vi) You are responsible for all liability associated with 
conservation education activities you undertake.
    (9) May I assist in rehabilitation of raptors to prepare them for 
release? Yes, if you are a general or master falconer, you may assist a 
Federal- and State-permitted wildlife rehabilitator in conditioning of 
raptors in preparation for their release to the wild.
    (i) You must be at least 18 years old, and you must be a 
subpermittee of the wildlife rehabilitator (see Sec.  21.31).
    (ii) You must abide by all conditions on the rehabilitator's 
permit.
    (iii) You do not have to add any raptor you hold for this purpose 
to your falconry permit; it will remain under the permit of the 
rehabilitator.
    (iv) You must return any such bird that cannot be released to the 
rehabilitator for placement.
    (v) You may use any acceptable falconry practice, including the use 
of creance (tethered) flying, lures, balloons, or kites in training or 
conditioning birds for release.
    (10) What should I do with feathers that my bird or birds molt? (i) 
For imping (replacing a damaged feather with a molted feather), you may 
possess flight feathers for each species of bird you hold or previously 
held for as long as you have a valid falconry permit. However, if you 
previously held a golden eagle but no longer have one, you may not keep 
the feathers. You may receive feathers for imping from other permitted 
falconers, wildlife rehabilitators, or propagators in the United 
States. However, you may not buy, sell, or barter such feathers.
    (ii) You must burn, bury, or otherwise destroy feathers that are 
not suitable for imping unless they are from a golden eagle.
    (iii) You must send all feathers (including body feathers) from any 
falconry golden eagle that are in good condition, and that you do not 
need for imping, to the National Eagle Repository at the following 
address. To ensure that the Repository knows you have a permit for the 
bird, send a copy of your State or tribal permit authorizing you to 
possess a golden eagle with any shipment of feathers to the following 
address: U.S. Fish and Wildlife Service, National Eagle Repository, 
Rocky Mountain Arsenal, Building 128, Commerce City, Colorado 80022. 
The telephone number at the Repository is 303-287-2110.
    (iv) If your permit expires or is revoked, you may donate the 
feathers of any species of falconry raptor except a golden eagle to any 
institution exempt under Sec.  21.12(b) or authorized to receive 
feathers under authority of a permit to possess them, or to an 
authorized propagator for use in propagation activities. If you do not 
donate the feathers, you must burn, bury, or otherwise destroy them.
    (11) What should I do with the carcass of a falconry bird that 
dies? (i) You must send the entire body of a golden eagle you held for 
falconry, including all feathers, talons, and other parts, to the 
Repository at the address listed in paragraph (e)(10) of this section.
    (ii) You may donate the body or feathers of any other species of 
falconry raptor to any institution exempt under Sec.  21.12(b) or 
authorized to receive feathers under authority of a permit to possess a 
body or feathers, or to an authorized propagator for use in propagation 
activities. If you do not wish to donate the bird body or feathers to 
an institution or propagator, you must burn, bury, or otherwise destroy 
it or them within 5 days of the death of the bird. Carcasses of 
euthanized birds could pose a risk of secondary poisoning of eagles and 
other scavengers, and you must take appropriate precautions to avoid 
such poisonings.
    (iii) You must report the loss of the bird by entering the required 
information in the electronic database at http://permits.fws.gov/186A.
    (12) May a visitor to the United States practice falconry here?
    (i) Yes, if the Tribe or State allows it, a visitor to the United 
States may qualify for a temporary falconry permit appropriate for his 
or her experience.
    (A) The permit may be valid for up to 1 year.
    (B) To demonstrate knowledge of United States falconry laws and 
regulations, the visitor must correctly answer at least 80 percent of 
the questions on the supervised examination for falconers administered 
by the Tribe or State from which he or she wishes to obtain a temporary 
falconry permit. If the visitor passes the test, the Tribe or State 
will decide for what level of temporary permit the person is qualified. 
To do so, the Tribe or State should base its decision on the 
individual's documentation of his or her experience.
    (C) A holder of a temporary falconry permit may hold birds for 
falconry if he or she has approved facilities and if the Tribe or State 
allows him or her to do so.
    (D) A holder of a temporary falconry permit may fly birds held for 
falconry by a resident permitted falconer.
    (E) A holder of a temporary falconry permit may not take a bird 
from the wild for use in falconry.
    (ii) For 45 days or fewer, a visitor may use any bird for falconry 
that he or she holds legally for that purpose in his or her country of 
residence, provided that import of that species to the United States is 
not prohibited, and provided that he or she has met all permitting 
requirements of his or her country of residence. A visitor must comply 
with the provisions in this section, those of the Tribe or State where 
he or she wishes to conduct falconry, and all States through which he 
or she will travel with the bird. The visitor will need one or more 
additional permits to bring a bird into the United States or to return 
home with it (see 50 CFR part 14 (importation, exportation, and 
transportation of wildlife), part 15 (Wild Bird Conservation Act), part 
17 (endangered and threatened species), part 21 (migratory bird import 
and export permits) and part 23 (endangered species convention)). 
Unless the visitor to the United States has the necessary permit(s) to 
bring a bird into the United States and leave it here, he or she must 
take a bird or birds brought into the country for falconry out of the 
country when he or she leaves. When flown free, any bird brought to 
this country temporarily must have an attached radio transmitter that 
will allow the falconer to locate it. A hybrid raptor brought into this 
country temporarily for falconry must be imprinted on humans or be 
surgically sterilized. There also may be tribal or State restrictions 
on nonresidents practicing falconry or importing a bird or birds held 
for falconry.
    (13) May I take birds that I hold for falconry to another country 
for use in falconry activities? Yes, this section does not restrict 
your transport of a bird or birds you legally hold for falconry to 
another country for use in falconry. Therefore, you may take any 
falconry bird you hold, except a golden eagle, to another country 
temporarily for use in falconry. However, you may need one or more 
additional permits to take a bird from the United States or to return 
home with it (see 50 CFR part 14 (importation, exportation, and 
transportation of wildlife), part 15 (Wild Bird Conservation Act), part 
17 (endangered and threatened species), part 21

[[Page 6991]]

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

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

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

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

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

[[Page 6992]]

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


Sec.  21.31  Rehabilitation permits.

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

PART 22--EAGLE PERMITS

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

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

    9. Revise Sec.  22.24 to read as follows.


Sec.  22.24  Permits for falconry purposes.

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

    Dated: December 9, 2004.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-2378 Filed 2-8-05; 8:45 am]
BILLING CODE 4310-55-P