[Federal Register Volume 72, Number 222 (Monday, November 19, 2007)]
[Proposed Rules]
[Pages 64981-64985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22182]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

RIN 1018-AV35


Migratory Bird Permits; Revisions to Migratory Bird Import and 
Export Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service, propose changes in the 
regulations governing migratory bird permitting. We propose to amend 50 
CFR part 21 to resolve problems related to export of species covered by 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES) permits or certificates; to allow the importation and 
possession without an import permit of legally acquired migratory game 
birds in the families Anatidae, Columbidae, Gruidae, Rallidae, or 
Scolopacidae that were lawfully hunted in a foreign country; to extend 
the period of time for which an Import and Export permit is valid from 
3 to 5 years; and to reorganize and reword the regulations to make them 
easier to understand.

DATES: Send comments on this proposal by February 19, 2008.

ADDRESSES: For detailed instructions on submitting comments and viewing 
others' comments, please see ``Public Participation'' below. You may 
submit comments, identified by RIN 1018-AV35, by any one of the 
following methods:
     E-mail: Import/[email protected]. Include RIN number 1018-
AV35 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, VA 22203-1610;
     Hand Delivery: Division of Migratory Bird Management, U.S. 
Fish and Wildlife Service, 4501 North Fairfax Drive, Room 4091, 
Arlington, VA 22203-1610; or
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

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

SUPPLEMENTARY INFORMATION:

[[Page 64982]]

Background

    The U.S. Fish and Wildlife Service is the Federal agency that has 
been delegated 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.
    Among other things, we manage the import and export of migratory 
birds and their parts, eggs, and nests. The regulations at 50 CFR 21.21 
set forth the requirements for import and export permits for migratory 
birds and their parts, eggs, and nests. Currently at Sec.  21.21, we 
set forth requirements for import and export permits, application 
procedures for these permits, additional permit conditions, and the 
term for which a permit is valid. These regulations are nearly 18 years 
old and are, in part, outdated. In particular, these regulations do not 
mention the requirements associated with CITES, addressed in part 23 of 
our regulations. In addition, many of the requirements currently set 
forth at Sec.  21.21 simply reference another part or section of our 
regulations. They are therefore difficult to read and understand.
    We propose to update and revise the regulations at Sec.  21.21 to, 
among other things: Address the export of species covered by CITES; 
allow the importation and possession of legally acquired migratory game 
birds in the families Anatidae, Columbidae, Gruidae, Rallidae, and 
Scolopacidae that were lawfully hunted in a foreign country; extend the 
period of time for which an Import and Export permit is valid from 3 to 
5 years; and reorganize and reword the regulations to make them easier 
to understand. Specifically, we propose changes to Sec.  21.21 as 
follows.
    General requirements (proposed Sec.  21.21(a)): Current Sec.  
21.21(a) provides the general requirements for import and export 
permits, as well as the exceptions to these requirements. We would 
reorganize current Sec.  21.21(a) to separate the general requirements 
(proposed Sec.  21.21(a)) from the exceptions to the requirements 
(proposed Sec.  21.21(b), (c) and (d)). In proposed Sec.  21.21(a), we 
would also acknowledge all of the regulations, including the CITES 
regulations at 50 CFR part 23, that apply to imports and exports of 
migratory birds and their parts, eggs, and nests. These proposed 
revisions would help ensure that importers and exporters of migratory 
birds or their parts, eggs, or nests understand all of the requirements 
applicable to their imports and exports.
    Exceptions for import permits (proposed Sec.  21.21(b)): Current 
Sec.  21.21(a)(1) provides the requirements for import permits; it does 
not provide any exceptions to import permit requirements for migratory 
birds or their parts, eggs, or nests. Current Sec.  21.21(a)(2) does 
have one import permit exception for raptors for falconry that will be 
discussed later in this document. We would add, in a new Sec.  
21.21(b), a provision to allow the importation and possession without 
an import permit of legally hunted migratory game birds in the families 
Anatidae, Columbidae, Gruidae, Rallidae, and Scolopacidae that were 
lawfully hunted in a foreign country. The imported specimens could be 
carcasses, skins, or mounts and would have to be accompanied by 
evidence of lawful export from the country of origin. These families 
may be legally hunted under the provisions of the migratory bird 
treaties with Canada and Mexico, though hunting seasons have not been 
established for all of them. We wish to allow hunters to import birds 
in these families that they legally hunted outside the United States 
without requiring an import permit to do so.
    Exceptions for export permits (proposed Sec.  21.21(c)): As stated 
above, current Sec.  21.21(a) provides the requirements for import and 
export permits, and exceptions to these requirements. Current Sec.  
21.21(a) does provide exceptions to the export permit requirements for 
certain captive-bred migratory game birds exported to Canada or Mexico 
and for raptors used for falconry exported to or imported from Canada 
or Mexico. Our proposed Sec.  21.21(c) would retain these exceptions, 
with certain changes.
    Instead of simply directing readers to 50 CFR 21.13(b) of the 
regulations for the marking requirements for captive-bred migratory 
game birds exported to Canada or Mexico, we would detail those 
requirements in this new paragraph. This proposed revision would help 
ensure that exporters of migratory game birds understand the exceptions 
to our export permit requirements.
    We would also move the provisions concerning the exception to the 
import and export permit requirements for raptors for falconry to their 
own paragraph in this section of the regulations. We believe that this 
change would help readers find this information in the regulations.
    In addition, we would add a provision to allow export of lawfully 
acquired captive-bred raptors, provided that the exporter holds both a 
valid raptor propagation permit and a CITES export permit, and has full 
documentation of the lawful origin of the raptor(s). The raptor(s) 
would also have to be properly identified by a captive-bred raptor band 
(see 21.30 of this Part). This change would eliminate redundant 
permitting reviews for export of captive-bred raptors and would help 
ensure that border inspectors can easily and accurately identify birds 
for export.
    Exception for transport of falconry birds (proposed Sec.  
21.21(d)): The exception to the import and export permit requirements 
for falconry birds currently resides in Sec.  21.21(a)(2), with the 
general export permit requirements for migratory birds. We propose to 
put the exception to the requirements for falconry birds into its own 
paragraph (proposed new Sec.  21.21(d)) so that it is easier to find in 
the regulations. For clarity, we would revise the language concerning 
the exception, and we would acknowledge the CITES regulations at 50 CFR 
part 23 that apply to exports of these birds. This proposed revision 
would help ensure that importers and exporters of falconry birds 
understand this exception to the transport requirements for falconry 
birds.
    We believe it is reasonable to allow temporary transport of birds 
held for falconry out of the United States. Therefore, a proposed 
provision in the regulation makes it clear that we allow this action. 
The provision states that unless you have the necessary CITES permit or 
certificate to permanently export a raptor from the United States, you 
must bring any raptor you transport out of the country for use in 
falconry back to the United States when you return. However, if the 
raptor dies or is lost, the permittee must document the loss of the 
bird as required by his or her State falconry regulations and any 
conditions on the CITES document.
    Inspection procedures (proposed Sec.  21.21(e)): The current Sec.  
21.21 is silent on inspection procedures for imported and exported 
migratory birds and their parts, eggs, and nests, even though these 
inspections occur regularly. We propose to add a paragraph explaining 
that migratory birds imported into, or

[[Page 64983]]

exported from, the United States, and any associated documentation, may 
be inspected by the Service or Customs and Border Protection.
    Application procedures (proposed Sec.  21.21(f)): Current Sec.  
21.21(b) provides the application procedures for permits to import or 
export migratory birds or their parts, eggs, or nests. The current 
regulations set forth the information required on the application 
forms. The ``additional information,'' specified in current Sec.  
21.21(b)(1) through (b)(6), has been incorporated into the relevant 
application forms, so we are proposing to remove that information from 
the regulations. Instead, we propose to list the specific forms 
required to apply for an import or export permit (FWS form 3-200-6) or 
a permit for scientific collecting (FWS form 3-200-7). We also propose 
to add language reminding applicants of the application fee that must 
accompany their application to import or export migratory birds or 
their parts, eggs, or nests. This change would help ensure that persons 
interested in importing or exporting know which form to complete and 
its associated application fee.
    Service criteria for issuing a permit (proposed Sec.  21.21(g)): 
The current Sec.  21.21 is silent on the criteria we consider when 
deciding whether or not to issue a permit to import or export migratory 
birds or their parts, eggs, or nests. We propose to include the 
issuance criteria in this section to ensure that the public understands 
how we make our decisions.
    Standard conditions for a permit (proposed Sec.  21.21(h)): The 
current Sec.  21.21(c) provides information on additional permit 
conditions. We would retain this information, but rewrite it for 
clarity. We would also add a reference to 50 CFR part 14 to ensure that 
importers and exporters of migratory birds or their parts, eggs, or 
nests understand that they must also comply with the general 
regulations concerning the importation, exportation, and transportation 
of wildlife.
    Term of permit (proposed Sec.  21.21(i)): The current Sec.  
21.21(d) provides information on the length of time that a permit is 
valid. We also propose to extend the period of time for which an import 
or export permit is valid from 3 to 5 years. In recent years, as we 
have completed regulations revisions we have extended the duration of 
some permit types that we believe have a limited potential effect on 
bird populations, to ease the burden on both permittees and our permits 
examiners. We believe that is also true of the import and export 
regulations, so we propose to extend the term of an Import and Export 
permit from 3 to 5 years.
    Plain Language: Throughout our proposed revisions to Sec.  21.21, 
we have used short sentences and active voice to make the regulations 
easy to understand.

Public Participation

    If you submit electronic comments, please include your name and 
return address in your message, and identify it as comments on RIN 
1018-AV35 in the subject line of your message.
    If you submit hard copy comments, please include your name and 
return address in your letter and identify it as comments on RIN 1018-
AV35. To facilitate compilation of the Administrative Record for this 
action, you must submit hard copy comments on 8\1/2\ -inch by 11-inch 
paper.
    All comments on the proposed rule, including any personal 
information received, will be available for public inspection during 
normal business hours at Room 4091 at the U.S. Fish and Wildlife 
Service, Division of Migratory Bird Management, 4501 North Fairfax 
Drive, Arlington, VA 22203-1610. The supporting 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.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so. We will not consider anonymous comments.
    Following review and consideration of comments, we will issue a 
final rule on the proposed regulation changes.

Required Determinations

Clarity of This Regulation

    Executive Order (E.O.) 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.  21.21 Import and export permits.'') (5) 
Does the description of the rule in the ``Supplementary Information'' 
section of the preamble help you to understand the proposed rule? What 
else could we do to make the rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. 
You also may e-mail comments to [email protected].

Regulatory Planning and Review

    In accordance with the criteria in E.O. 12866, this proposed rule 
is not a significant regulatory action. The Office of Management and 
Budget makes the final determination of significance under E.O. 12866.
    a. This proposed rule would not raise novel legal or policy issues. 
The proposed provision is in compliance with other laws, policies, and 
regulations.
    b. This proposed rule would 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 no 
costs associated with this proposed rule.
    c. This proposed rule would not create inconsistencies with other 
agencies' actions. The proposed rule deals solely with governance of 
migratory bird permitting in the United States. No other Federal agency 
has any role in regulating activities with migratory birds.
    d. This proposed rule would 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 migratory birds.

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

[[Page 64984]]

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 would 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 would not have a significant economic impact on a 
substantial number of small entities. We have examined this proposed 
rule's potential effects on small entities as required by the 
Regulatory Flexibility Act, and have determined that this action would 
not have a significant economic impact on a substantial number of small 
entities, because the changes we are proposing are intended primarily 
to simplify export for a limited number of raptor propagators.
    There would be no costs associated with this regulatory change. 
Consequently, we certify that because this proposed rule would not have 
a significant economic effect on a substantial number of small 
entities, a regulatory flexibility analysis is not required.
    This proposed rule is not a major rule under SBREFA (5 U.S.C. 
804(2)). It would not have a significant impact on a substantial number 
of small entities.
    a. This proposed rule would not have an annual effect on the 
economy of $100 million or more.
    b. This proposed rule would not cause a major increase in costs or 
prices for consumers; individual industries; Federal, State, or local 
government agencies; or geographic regions.
    c. This proposed rule would 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.

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 proposed rule would not ``significantly or uniquely'' 
affect small governments. A small government agency plan is not 
required. Actions under the proposed regulation would not affect small 
government activities in any significant way.
    b. This proposed rule would 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.

Takings

    In accordance with E.O. 12630, this proposed rule would not have 
significant takings implications because it would not contain a 
provision for taking of private property. Therefore, a takings 
implication assessment is not required.

Federalism

    This proposed rule would not have sufficient Federalism effects to 
warrant preparation of a Federalism assessment under E.O. 13132. It 
would not interfere with the States' ability to manage themselves or 
their funds. No significant economic impacts are expected to result 
from changing exemptions in migratory bird permit requirements.

Civil Justice Reform

    In accordance with E.O. 12988, the Office of the Solicitor has 
determined that the rule would 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 proposed regulations under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.). We may not collect or sponsor, 
nor is a person required to respond to, a collection of information 
unless it displays a currently valid Office of Management and Budget 
control number. The Office of Management and Budget approved the 
information collection requirements for this part, and assigned OMB 
Control Number 1018-0022. There are no new information collection 
requirements associated with this regulations change.

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 have no date on 
the number of legally hunted birds that individuals might wish to 
import, though we doubt that the number will be large. Because these 
species are legally hunted elsewhere, we doubt that this proposed 
regulations change would appreciably change the impact of hunting on 
these species. Therefore, we do believe that there would be a 
significant environmental impact due to the proposed regulations 
change.

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), E.O. 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 proposed rule 
would not interfere with the Tribes' ability to manage themselves or 
their funds or to regulate migratory bird activities on tribal lands.

Energy Supply, Distribution, or Use (E.O. 13211)

    On May 18, 2001, the President issued E.O. 13211 addressing 
regulations that significantly affect energy supply, distribution, and 
use. E.O. 13211 requires agencies to prepare Statements of Energy 
Effects when undertaking certain actions. Because this rule would 
affect only import and export of birds in limited circumstances, it is 
not a significant regulatory action under E.O. 12866, and would 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 primary change we propose is to allow export of lawfully 
acquired captive-bred raptors provided that the exporter holds a valid 
raptor propagation permit and has been issued a Convention on 
International Trade in Endangered Species (CITES) export permit. This 
change should eliminate redundant permitting required for this 
activity. Another important change we propose is to allow the import of 
legally acquired migratory game birds without a permit. A permit is 
currently required to import such species. We believe that there are no 
significant environmental impacts of this action.
    Socioeconomic. This proposed rule would not have discernible 
socioeconomic impacts.
    Migratory bird populations. This proposed rule would not affect 
migratory bird populations.
    Endangered and threatened species. The proposed regulation is for 
migratory bird species that are not threatened or endangered. It would 
not affect threatened or endangered species or critical habitats.

[[Page 64985]]

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 proposed 
regulations change 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, VA 22203-1610.

List of Subjects in 50 CFR Part 21

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

Proposed Regulation Promulgation

    For the reasons stated in the preamble, we propose to amend part 21 
of subchapter B, chapter I, title 50 of the Code of Federal 
Regulations, as follows:

PART 21--MIGRATORY BIRD PERMITS

    1. The authority citation for part 21 continues to read as follows:

    Authority: Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 
703); Public Law 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public 
Law 106-108, 113 Stat. 1491, Note following 16 U.S.C. 703.

    2. Revise Sec.  21.21 to read as follows:


Sec.  21.21  Import and export permits.

    (a) What is the permit requirement? Except as provided in 
paragraphs (b), (c), and (d) of this section, you must have a permit to 
import or export migratory birds, their parts, nests, or eggs. You must 
meet the applicable permit requirements of parts 14, 15, 17, 21, 22, or 
23 of this subchapter B, even if the activity is exempt from a 
migratory bird import or export permit.
    (b) What is the exception to the import permit requirements? You do 
not need a migratory bird permit to import or possess migratory game 
birds in the families Anatidae, Columbidae, Gruidae, Rallidae, and 
Scolopacidae for personal use that were lawfully hunted by you in a 
foreign country if you comply with the requirements of part 20 of this 
subchapter B (Migratory Bird Hunting). The game birds may be carcasses, 
skins, or mounts. You must provide evidence that you lawfully took the 
bird or birds in, and exported them from, the country of origin. This 
evidence must include a hunting license and any export documentation 
required by the country of origin. You must keep these documents with 
the imported bird or birds permanently.
    (c) What are the exceptions to the export permit requirements? You 
do not need a migratory bird export permit to:
    (1) Export live captive-bred migratory game birds to Canada or 
Mexico if they are marked by one of the following methods:
    (i) Removal of the hind toe from the right foot;
    (ii) Pinioning of a wing by removal of all or some of the 
metacarpal bones of one wing, which renders the bird permanently 
incapable of flight;
    (iii) Banding of one metatarsus with a seamless metal band; or
    (iv) Tattooing of readily discernible numbers and/or letters on the 
web of one foot.
    (2) Export live lawfully acquired captive-bred raptors provided you 
hold a valid raptor propagation permit issued under Sec.  21.30 and you 
obtain a CITES permit or certificate issued under part 23 to do so. You 
must have full documentation of the lawful origin of each raptor, and 
each must be identifiable with a seamless band issued by the Service, 
including those with an implanted microchip for identification.
    (d) What is the exception for the transport of falconry birds? You 
are not required to obtain a migratory bird import or export permit for 
the temporary transport of a raptor or raptors you lawfully possess for 
falconry to and from another country for use in falconry. Each raptor 
must be covered by a CITES certificate of ownership issued under part 
23 of this chapter. You must have full documentation of the lawful 
origin of each raptor, and each must be identifiable with a seamless 
band issued by the Service, including those with an implanted microchip 
for identification. Unless you have the necessary CITES permit or 
certificate to permanently export a raptor from the United States, you 
must bring any raptor you transport out of the country for falconry 
back to the United States when you return. If the raptor dies or is 
lost, you are not required to bring it back but must report the loss 
immediately upon your return to the United States in the manner 
required by the falconry regulations of your State, and any conditions 
on your CITES certificate.
    (e) Will my imported or exported migratory birds be inspected? All 
migratory birds imported into, or exported from, the United States, and 
any associated documentation, may be inspected by the Service or 
Customs and Border Protection. You must comply with the import and 
export regulations in Part 14 of this chapter.
    (f) What must I do to apply for a migratory bird import or export 
permit? You must apply to the appropriate Regional Director--Attention 
Migratory Bird Permit Office. You can find the address for your 
Regional Director in Sec.  2.2 of subchapter A of this chapter. Your 
application package must include a completed application (form 3-200-6, 
or 3-200-7 if the import or export is associated with an application 
for a scientific collecting permit), and a check or money order made 
payable to the U.S. Fish and Wildlife Service in the amount of the 
application fee for permits issued under this section, as listed in 
Sec.  13.11 of this chapter.
    (g) What criteria will the Service consider before issuing a 
permit? After we receive a completed import or export application, the 
Regional Director will decide whether to issue you a permit based on 
the general criteria of Sec.  13.21 of this chapter and whether you 
meet the following requirements:
    (1) You are at least 18 years of age;
    (2) The bird was lawfully acquired;
    (3) The purpose of the import or export is consistent with the 
conservation of the species;
    (4) For an import permit, you are authorized to lawfully possess 
the migratory bird after it is imported.
    (h) Are there standard conditions for the permit? Yes, standard 
conditions for your permit are set forth in part 13 of this subchapter 
B. You also must comply with the regulations in part 14 (importation, 
exportation, and transportation of wildlife). We may place additional 
requirements or restrictions on your permit as appropriate.
    (i) How long is a migratory bird Import and Export permit valid? 
Your migratory bird import or export permit expires on the date 
designated on its face unless it is amended or revoked, but it will not 
be valid for more than 5 years.

    Dated: November 2, 2007.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
 [FR Doc. E7-22182 Filed 11-16-07; 8:45 am]
BILLING CODE 4310-55-P