[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Rules and Regulations]
[Pages 29665-29670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12519]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

[Docket No. FWS-R9-MB-2009-0018; 91200-1231-9BPP]
RIN 1018-AT60


Migratory Bird Permits; Changes in the Regulations Governing 
Raptor Propagation

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We amend the regulations governing captive propagation of 
raptors in the United States. We reorganize the current regulations, 
and add or change some provisions therein. The changes make it easier 
to understand the requirements for raptor propagation, make it simpler 
to conduct raptor propagation, and clarify the procedures for obtaining 
a propagation permit. These regulations continue to prohibit 
propagation of golden eagles, though we may consider allowing it in the 
future.

DATES: This rule is effective on June 22, 2011.

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

SUPPLEMENTARY INFORMATION:

I. Background

    The Fish and Wildlife Service is the Federal agency with the 
primary responsibility for managing migratory birds. Our authority is 
based on the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703 et seq.), 
which implements conventions with Great Britain (for Canada), Mexico, 
Japan, and the Soviet Union (Russia). Raptors (birds of prey) are 
afforded Federal protection by the 1972 amendment to the Convention for 
the Protection of Migratory Birds and Game Animals, February 7, 1936, 
United States-Mexico, as amended; the Convention between the United 
States and Japan for the Protection of Migratory Birds in Danger of 
Extinction and Their Environment, September 19, 1974; and the 
Convention Between the United States of America and the Union of Soviet 
Socialist Republics (Russia) Concerning the Conservation of Migratory 
Birds and Their Environment, November 26, 1976.
    The taking and use of raptors are strictly prohibited except as 
permitted under regulations implementing the MBTA. Raptors also may be 
protected by State or tribal regulations. The issuance of permits for 
migratory birds is authorized by the MBTA and subsequent regulations. 
They are in title 50, Code of Federal Regulations (CFR), parts 10, 13, 
21, and (for eagles) 22. Regulations for issuing permits for 
propagation of captive raptors are at 50 CFR 21.30.
    On October 14, 2005, we published in the Federal Register a 
proposed rule to change the regulations governing captive propagation 
of raptors in the United States (70 FR 60052). We proposed to 
reorganize the current regulations and add or change some provisions. 
Our goal was to make it easier for the public to understand the 
requirements for raptor propagation and the procedures for obtaining a 
propagation permit. We opened a public comment period on the proposed 
rule until January 12, 2006.
    On June 21, 2006, we published a notice of availability of a 
``Draft Environmental Assessment on Take of Raptors From the Wild for 
Falconry and Raptor Propagation'' (71 FR 35599). We solicited comments 
on the draft environmental assessment until September 19, 2006, and 
then on that day, we published a notice in the Federal Register to 
extend the comment period until November 21, 2006 (71 FR 54794). After 
consideration of all the comments received, we published a notice of 
availability of the ``Final Environmental Assessment on Take of Raptors 
From the Wild for Falconry and Raptor Propagation'' and a Finding of No 
Significant Impact on June 6, 2007 (72 FR 31268).

II. Changes in the Regulations Governing Raptor Propagation

    We have rewritten the regulations at 50 CFR 21.30 on the 
propagation of captive raptors in plain language and have changed or 
added some provisions. The following are substantive changes to the 
regulations:
    1. The permit period is changed from 3 to 5 years.
    2. Until they are 1 year old, captive-bred offspring may be used in 
actual hunting as a means of training them.
    3. We eliminate the requirement for reporting within 5 days on eggs 
laid by raptors in propagation. An annual report on propagation efforts 
will be required from permittees.
    4. A permittee will not have to submit or have a copy of a FWS Form 
3-186A for raptors produced by captive propagation if the raptors are 
kept in the permittee's possession under his or her propagation permit.

III. Changes From the Proposed Rule

    We made many wording and organizational changes from the proposed 
rule of October 14, 2005 (70 FR 60052). Major changes from the proposed 
rule are limited.
    1. We deleted the provision requiring proof of successful 
propagation in order to renew a raptor propagation permit.
    2. We simplified the facilities requirements now found in paragraph 
(c).
    3. We will allow the use of propagation raptors in education 
programs per paragraph (n).
    4. We will allow hacking of raptors produced by captive propagation 
per paragraph (q).
    5. We will allow ISO-compliant microchips in addition to banding 
per paragraphs (e)(1)(ii) and (e)(3).

IV. Comments on the Proposed Rule

    We received approximately 500 comments from individuals and 
organizations, including 6 from States, on the proposed rule published 
on October 14, 2005 (70 FR 60052). We reviewed the comments, and 
respond here to the most significant issues raised.
    Issue. Requirement for demonstrated propagation success for permit 
renewal. A significant proportion of those who commented on this 
requirement opposed it. Most pointed out that it is very difficult to 
achieve breeding success with some species, and it may even be 
difficult with some individual raptors. The change was supported, 
without explanation, by some States.
    Response. We agree that this requirement may set too high a 
standard. We deleted it from this final rule.
    Issue. Requirement that propagation raptors be housed separately 
from other raptors. Most commenters, including some States, opposed 
this proposal because it would add an ``undue financial burden'' for 
construction of facilities to house the birds. Visual barriers would 
suffice for separating them.
    Response. We eliminated this requirement.
    Issue. Hacking of captive-bred raptors should be allowed. Hacking 
the birds, particularly in their first year, would

[[Page 29666]]

make them more fit for use in falconry and propagation.
    Response. We added a provision for hacking.
    Issue. Returning used bands. The current regulations and the 
proposed regulations require return of used bands. The bands are 
destroyed when removed, and returning them adds concerns about disease 
transmission.
    Response. We revised the language to require destruction of the 
bands at paragraph (e)(2)(iv).
    Issue. Temporary care of nestlings. It was suggested that we 
provide a way for ``assistants'' to the propagator to care for young 
nestlings, including keeping the nestlings at a location other than the 
propagator's facilities. This would allow better care of nestlings 
when, for example, the permittee is at work.
    Response. We added provisions for such care to the regulations at 
paragraph (j).
    Issue. Maintenance of records after expiration of a propagation 
permit. Many commenters argued that the requirement for keeping records 
for 5 years after a permit expires is unwarranted.

    After the expiration of the permit, law enforcement is no longer 
authorized to come onto the former permittee's premises to inspect 
anything, including the former permittee's paperwork. Law 
enforcement would have to seek a judicially issued search warrant to 
come onto the premises to inspect the paperwork of an expired 
permit. Consequently, the requirement for a permittee to maintain 
paperwork for an additional 5 years is a burden without any useful 
benefit.
    Response. Maintenance of records for 5 years is required of all 
permit types issued by the Fish and Wildlife Service (50 CFR 13.46). 
The burden from keeping these records is minimal. Law Enforcement 
officers may not inspect a former permittee's premises, but they may 
request the permittee's records, which the permittee agreed to keep. 
Each permittee should recognize that he or she may want the records 
later if he or she wishes to get another migratory bird permit, a 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora permit, or a Wild Bird Conservation Act permit.
    Issue. ``The Division believes that a form 3-186A should be 
completed and submitted for all birds, including those produced in 
captive propagation, and kept under the propagation permit of the 
original propagator. Requiring 3-186A for all birds whenever a bird is 
produced (reaches 2 weeks post-hatch), acquired, transferred, or added 
to a propagation permit will enable adequate regulatory oversight by 
documenting each bird's history.'' (State agency)
    Response. We understand the State's concerns on this point. 
However, we believe that banding records should be sufficient for law 
enforcement purposes.
    Issue. ``Given the current threats of West Nile Virus, Avian 
Influenza and environmental pollutants to wild raptor populations, and 
considering the overwhelming costs of recovering endangered raptor 
populations, the Service might consider taking steps to encourage 
raptor propagation in the private sector with more user-friendly 
oversight.'' (State agency)
    Response. We have attempted to simplify and clarify these 
regulations, and we hope that they accomplish what the agency asked.
    Issue. Allowing propagators to train offspring by allowing them to 
hunt. Two States opposed the provision that would allow propagators to 
use captive-bred raptors produced in their facilities in hunting or 
other training activities until the raptors are 1 year old.
    Response. We recognize that this provision would essentially allow 
a propagator to fly birds in falconry. However, there is value in 
exposing first-year raptors to training, hunting, or both. A State may 
wish to further restrict training of raptors in this manner.
    Issue. Many commenters said that we should not require that non-
native raptors be banded.
    Response. These regulations cover only species protected under the 
MBTA. We do not require that species not protected under the MBTA be 
banded.

Required Determinations

Regulatory Planning and Review (Executive Order 12866)
    The Office of Management and Budget (OMB) has determined that this 
rule is not significant and has not reviewed this rule under Executive 
Order 12866. OMB bases its determination upon the following four 
criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government,
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions,
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients, and
    (d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996, Pub. L. 104-121), whenever an agency is required to 
publish a notice of rulemaking for any proposed or final rule, it must 
prepare and make available for public comment a regulatory flexibility 
analysis (RFA) that describes the effect of the rule on small entities 
(i.e., small businesses, small organizations, and small government 
jurisdictions). However, no RFA is required if the head of an agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. SBREFA amended the Regulatory 
Flexibility Act to require Federal agencies to provide the statement of 
the factual basis for certifying that a rule will not have a 
significant economic impact on a substantial number of small entities.
    We have examined this rule's potential effects on small entities as 
required by the Regulatory Flexibility Act, and have determined that 
this action will not have a significant economic impact on a 
substantial number of small entities. This determination is based on 
the fact that we are not making any changes to the current requirements 
for raptor propagation facilities (housing). The changes we are making 
are intended primarily to clarify the requirements for raptor 
propagation and the procedures for obtaining a raptor propagation 
permit. In addition, the changes do not affect either the information 
collected or the fee required to obtain a permit. Consequently, we 
certify that this rule will not have a significant economic effect on a 
substantial number of small entities, and a regulatory flexibility 
analysis is not required. Therefore, this is not a major rule under the 
Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)) 
because it will not have a significant impact on a substantial number 
of small entities.
    a. This rule does not have an annual effect on the economy of $100 
million or more. We foresee no effects on the economy from 
implementation of this rule.
    b. This rule will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The practice of raptor propagation 
does not significantly affect costs or prices in any sector of the 
economy.

[[Page 29667]]

    c. This rule will not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. Raptor propagation is an endeavor of private individuals. 
Neither regulation nor practice of raptor propagation significantly 
affects business activities.
Unfunded Mandates Reform Act
    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we have determined the following:
    a. This rule will not ``significantly or uniquely'' affect small 
governments, and thus a Small Government Agency Plan is not required. 
Raptor propagation is an endeavor of private individuals. Neither 
regulation nor practice of raptor propagation affects small government 
activities in any significant way.
    b. This rule will not produce a Federal mandate of $100 million or 
greater in any year, i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. States will not have 
to alter their raptor propagation regulations to comply with the 
proposed revisions.
Takings
    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. This rule has no provision for taking 
of private property. A takings implication assessment is not required.
Federalism
    This rule does not have sufficient Federalism effects to warrant 
preparation of a Federalism assessment under Executive Order 13132. It 
will not interfere with the States' ability to manage themselves or 
their funds. No significant economic impacts should result from the 
changes in the regulation of raptor propagation. However, this rule 
provides the opportunity for States to cooperate in management of 
raptor propagation permits and to ease the permitting process for 
permit applicants.
Civil Justice Reform
    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.
Paperwork Reduction Act
    This proposed rule does not contain new or revised information 
collection requirements for which OMB approval is required under the 
Paperwork Reduction Act. Information collection required by this 
regulation is covered by OMB approval 1018-0022, which expires on 
November 30, 2010. This regulation does not add to that approved 
information collection. We may not conduct or sponsor, and you are not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number.
National Environmental Policy Act
    We have analyzed this rule in accordance with the National 
Environmental Policy Act (NEPA), 42 U.S.C. 432-437f) and Part 516 of 
the U.S. Department of the Interior Manual (516 DM).). We completed a 
Final Environmental Assessment (FEA) in June 2007 (U.S.F.W.S. 2007) (72 
FR 31268; June 6, 2007) to assess establishment of regulations 
governing the take of raptors for falconry and raptor propagation. We 
concluded in a Finding of No Significant Impact that the take of 
raptors from the wild for these purposes is not a major Federal action 
significantly affecting the quality of the human environment. You can 
obtain a copy of the EA by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
Environmental Consequences of the Action
    The changes we make are primarily in the combining, reorganizing, 
and rewriting of the regulations. The environmental impacts of this 
action are limited.
    Socio-economic. We do not expect the action to have discernible 
socio-economic impacts.
    Raptor populations. This rule will not significantly alter the 
conduct of raptor propagation in the United States. We expect it to 
have no discernible effect on them.
    Endangered and Threatened Species. The regulations have no 
provisions that affect threatened or endangered species.
Government-to-Government Relationship With Tribes
    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated potential effects on federally recognized Indian Tribes 
and have determined that there are no potential effects. This rule will 
not interfere with the Tribes' ability to manage themselves or their 
funds, or to regulate raptor propagation on tribal lands.
Energy Supply, Distribution, or Use (Executive Order 13211)
    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. Because this rule only 
affects the practice of raptor propagation in the United States, it is 
not a significant regulatory action under Executive Order 12866, and 
will not significantly affect energy supplies, distribution, or use. 
Therefore, this action is not a significant energy action, and thus no 
Statement of Energy Effects is required.
Compliance With Endangered Species Act Requirements
    Section 7 of the Endangered Species Act (ESA) of 1973, as amended 
(16 U.S.C. 1531 et seq.), requires that ``The Secretary [of the 
Interior] shall review other programs administered by him and utilize 
such programs in furtherance of the purposes of this chapter'' (16 
U.S.C. 1536(a)(1)). It further states that the Secretary must ``insure 
that any authorized, funded, or completed action'' * * * ``is not 
likely to jeopardize the continued existence of any endangered species 
or threatened species or result in the destruction or adverse 
modification of [critical] habitat'' (16 U.S.C. 1536(a)(2)). The 
Division of Threatened and Endangered Species concurred with our 
finding that the revised regulations will not affect listed species.

List of Subjects in 50 CFR Part 21

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

Regulation Promulgation

    For the reasons stated in the preamble, we hereby amend subparts A 
and C of part 21, subchapter B, chapter I, title 50 of the Code of 
Federal Regulations, as follows:

PART 21--[AMENDED]

0
1. The authority citation for part 21 continues to read as follows:

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

0
2. Revise Sec.  21.30 to read as set forth below.


Sec.  21.30  Raptor propagation permits.

    (a) Legal basis for regulating raptor propagation. (1) Among other 
actions, the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703 et seq.) 
prohibits any person from capturing from the wild, possessing, 
purchasing, bartering,

[[Page 29668]]

selling, or offering to purchase, barter, or sell raptors (vultures, 
kites, eagles, hawks, caracaras, falcons, and owls) listed in Sec.  
10.13 of this chapter unless the activities are allowed by Federal 
permit issued pursuant to this part and part 13 of this chapter, or as 
permitted by regulations in this part.
    (i) This section covers all ``native'' raptors (accipitriformes, 
falconiformes, and strigiformes listed in Sec.  10.13 of this chapter), 
and applies to any person who possesses one or more wild-caught, 
captive-bred, or hybrid raptors protected under the MBTA to use in 
raptor propagation, except that neither bald eagles (Haliaeetus 
leucocephalus) nor golden eagles (Aquila chrysaetos) may be propagated 
under these regulations or any other permit regulation listed in part 
21 of this chapter.
    (ii) You must have a Federal raptor propagation permit before you 
may capture from the wild, possess, transport, import, purchase, 
barter, or offer to sell, purchase, or barter any raptor, raptor egg, 
or raptor semen for propagation purposes. Your State may require that 
you also have a State permit.
    (2) Other regulations, such as those for the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora, the 
Wild Bird Conservation Act, and State regulations, may affect 
propagation-related activities. In cases in which more than one set of 
regulations affect raptor propagation, the most restrictive 
requirements affecting the activity will apply.
    (b) Species available for raptor propagation. If you have a raptor 
propagation permit, you may attempt to propagate any species of raptor 
listed in Sec.  10.13 of this chapter, with the following exceptions:
    (1) You may not propagate bald eagles (Haliaeetus leucocephalus) or 
golden eagles (Aquila chrysaetos) under a raptor propagation permit or 
any other permit regulation listed in part 21 of this chapter.
    (2) If you are authorized by your Regional Migratory Bird Permit 
office to do so, you may possess and attempt to propagate threatened or 
endangered raptor species. See paragraphs (f) and (u) of this section.
    (c) Facilities used for raptor propagation. In addition to the 
general conditions found in part 13 of this chapter, raptor propagation 
permits are subject to the following additional conditions:
    (1) You must maintain any tethered raptor you possess under this 
permit in accordance with the facilities and standards requirements in 
Sec.  21.29, unless you obtain a written exception to this requirement 
from your Regional Migratory Bird Permit Office.
    (2) For untethered raptors, your breeding facilities must be 
soundly constructed and entirely enclosed with wood, wire netting, or 
other suitable material that provides a safe, healthy environment.
    (i) Your facilities must minimize the risk of injury by providing 
protection from predators, pets, and extreme weather conditions.
    (ii) Your facilities must minimize the risk of raptor injuries due 
to collision with interior or perimeter construction materials and 
equipment, such as support poles, windows, wire netting, perches, or 
lights.
    (iii) Your facilities must have suitable perches and nesting sites, 
fresh air ventilation, a source of light, a well-drained floor, and 
ready access for cleaning. Each bird must have access to a pan of clean 
water unless weather conditions, the perch type used, or some other 
factor makes access to a water pan unsafe for the raptor.
    (iv) You do not need to house your propagation raptors separately 
from other raptors you hold. However, you must keep raptors that you 
are not authorized to propagate separated from those you use in 
propagation.
    (d) Inspection. In the presence of the permittee, Federal or State 
officials may inspect propagation raptors, facilities, equipment, and 
records during business hours on any day of the week.
    (e) Banding of raptors used for propagation. --(1) Certain species. 
You must band a goshawk (Accipiter gentilis), Harris's hawk (Parabuteo 
unicinctus), peregrine falcon (Falco peregrinus), or gyrfalcon (Falco 
rusticolus) that you take from the wild to use in captive propagation.
    (i) You must use a nonreusable band that we provide.
    (ii) You may purchase and implant an ISO (International 
Organization for Standardization)-compliant 134.2 kHz microchip in the 
raptor in addition to banding it.
    (iii) You must report the information on the raptor (including 
information identifying the microchip, if you implant one, and where it 
is located) at http://permits.fws.gov/186A or by submitting a paper FWS 
Form 3-186A form to your State or tribal agency that governs 
propagation, if applicable, and to us.
    (2) Banding nestlings. Unless a particular nestling is specifically 
exempted, you must band every captive-bred raptor within 2 weeks of 
hatching.
    (i) You must use a numbered, seamless band that we will provide.
    (ii) You must use a band with an inside diameter that is small 
enough to prevent loss or removal of the band when the raptor is grown 
without causing serious injury to the raptor or damaging the band's 
integrity or one-piece construction.
    (iii) You may band a nestling with more than one band of different 
sizes if you cannot determine the proper size when you band the 
nestling. You must then remove and destroy all but the correctly sized 
band before the nestling is 5 weeks old.
    (iv) You may submit a letter requesting an exemption from the 
banding requirement for any nestling or fledgling for which the band 
causes a problem. If you demonstrate that the band itself or the 
behavior of the raptor in response to the band poses a hazard to the 
raptor, we may exempt that raptor from the banding requirement. You 
must destroy the band after you remove it.
    (3) You may purchase and implant an ISO-compliant 134.2 kHz 
microchip in the raptor in addition to a band. You must report 
information to identify the microchip and where on the raptor the chip 
is implanted when you report your acquisition of the raptor.
    (4) If a captive-bred raptor is not banded with a seamless band, or 
if you must remove the seamless band from a captive-bred raptor, you 
must band the bird with a nonreusable band that we provide.
    (f) Taking and transferring raptors or raptor eggs from the wild to 
use in propagation. You may take no more than two raptors or raptor 
eggs from the wild each year to use in propagation.
    (1) The State `must authorize you to take the raptor(s) or egg(s) 
from the wild.
    (2) You must comply with all State laws in taking raptor(s) or 
egg(s) from the wild.
    (3) You may take a raptor listed in Sec.  17.11(h) of this chapter 
as ``endangered'' or ``threatened'' from the wild only if you have a 
permit under part 17 of this chapter (See paragraph (u) of this 
section.).
    (4) You may transfer a raptor taken from the wild for propagation 
to any other person authorized to possess it, except that you must 
comply with the prohibitions in Sec.  21.29 on a transfer to a 
falconer.
    (g) Transfer, purchase, sale, or barter of captive-bred raptors, 
eggs, or semen.
    (1) You may transfer, sell, or barter a lawfully possessed captive-
bred raptor to another person authorized to possess captive-bred 
raptors if the raptor is marked on the metatarsus by a seamless, 
numbered band that we provide.

[[Page 29669]]

    (2) You may transfer, sell, or barter a lawfully possessed raptor 
egg or raptor semen produced by a raptor held under your captive 
propagation permit (including a raptor taken from the wild) to another 
raptor propagation permittee.
    (3) You may not purchase, sell, or barter any raptor eggs or any 
raptors taken from the wild in the United States or its territories or 
possessions, any semen collected from a raptor in the wild in the 
United States or its territories or possessions, or any raptor hatched 
from eggs taken from the wild in the United States or its territories 
or possessions.
    (h) Required paperwork. You must have a copy of a properly 
completed FWS Form 3-186A (Migratory Bird Acquisition and Disposition 
Report) for each raptor you acquire or that is transferred to you.
    (1) You do not have to submit or have a copy of an FWS Form 3-186A 
for raptors you produce by captive propagation if you keep the raptors 
in your possession under your propagation permit.
    (2) If you sell, trade, barter, or transfer a raptor held under 
your captive propagation permit, even if the transfer is to a falconry 
permit you hold, you must complete an FWS Form 3-186A and send it to us 
within 5 calendar days of the transfer.
    (i) Care of a propagation raptor by another person--
    (1) Care of a propagation raptor by another permittee. The 
regulations in this paragraph pertain to care of propagation raptors by 
persons other than the permittee. Another person who can legally 
possess raptors may care for a propagation raptor for you for up to 120 
calendar days.
    (i) The person must have a letter from you authorizing him or her 
to care for the birds, beginning on the date of your letter.
    (ii) The raptor will remain on your raptor propagation permit. If 
the person who temporarily holds it for you is a falconer or a captive 
propagator, the raptor will not be counted against his or her 
possession limit on raptors held for falconry or propagation. However, 
the other person may not use the raptor in falconry or in propagation.
    (iii) If you wish to have someone else care for a propagation 
raptor for more than 120 days, or if you wish to let another person use 
the raptor in falconry or captive propagation, you must transfer the 
raptor to that person and report the transfer by submitting a completed 
FWS Form 3-186A.
    (2) Care of a propagation raptor by an individual who does not have 
a propagation or falconry permit. Another person may care for 
propagation raptors you possess for up to 120 consecutive calendar 
days.
    (i) The raptor(s) will remain on your propagation permit.
    (ii) The raptors must remain in your facilities.
    (iii) This care may be extended indefinitely in extenuating 
circumstances, such as illness, military service, or for a family 
emergency. The person(s) caring for your raptors may not fly them for 
any reason.
    (j) Care of nestlings by an individual who does not hold a 
migratory bird permit. Another person may temporarily care for and band 
nestlings you hold from the time they are hatched until they are fully 
feathered. You may allow the other person to keep the nestlings at 
another location. You must give the individual a letter authorizing him 
or her to care for the nestlings, beginning on the date of your letter. 
The care might be part of each day during the nestling period so that 
the nestlings can be fed, or it might be a series of full days if 
transport to and from the breeding facility is not practical or needed.
    (k) Disposition of molted feathers from a live raptor or carcasses 
of raptors held under your permit.
    (1) You may donate the body or feathers of any species you possess 
under your propagation permit to any person or institution exempt under 
Sec.  21.12 or authorized by permit to acquire and possess such parts 
or feathers.
    (2) For any raptor you hold under your propagation permit, if the 
bird was banded or microchipped prior to its death, you may keep the 
body to have the feathers available for imping or to have the body 
mounted by a taxidermist. You may use the mount in propagation 
activities or in giving conservation education programs. If the bird 
was banded, you must leave the band on the body. If the bird has an 
implanted microchip, the microchip must be placed inside the mounted 
bird.
    (3) If you do not wish to donate the bird body or feathers or keep 
it or them yourself, you must burn, bury, or otherwise destroy it or 
them within 10 days of the death of the bird or after final examination 
by a veterinarian to determine cause of death. Carcasses of euthanized 
raptors could pose a risk of secondary poisoning of eagles and other 
scavengers. You must take appropriate precautions to avoid such 
poisonings.
    (4) If you do not donate the bird body or feathers or have the body 
mounted by a taxidermist, you may possess the flight feathers for as 
long as you have a valid raptor propagation or falconry permit. 
However, you may not buy, sell, or barter the feathers. You must keep 
the paperwork documenting your acquisition of the bird.
    (l) Raptor products. You may possess addled or blown eggs, nests, 
and feathers from raptors held under permit, and may transfer any of 
these items to any other person authorized to possess them.
    (m) Release to the wild. You may release a captive-bred raptor to 
the wild if it is allowed by the State or territory in which you wish 
to release the raptor, except that you may not release a hybrid raptor 
to the wild. You must leave the captive-bred band on any raptor you 
release to the wild.
    (n) Conservation education programs. You may use a raptor you 
possess for raptor propagation in conservation education programs 
presented in public venues.
    (1) You do not need a Federal education permit to conduct 
conservation education activities using a propagation raptor.
    (2) You must use the raptor primarily for propagation.
    (3) You may charge a fee for presentation of a conservation 
education program. The fee may not exceed the amount required to recoup 
your costs.
    (4) In conservation education programs, you must provide 
information about the biology, ecological roles, and conservation needs 
of raptors and other migratory birds, although not all of these topics 
must be addressed in every presentation. You may not give presentations 
that do not address falconry and conservation education.
    (5) You are responsible for all liability associated with 
conservation education activities you undertake (see Sec.  13.50 of 
this chapter).
    (o) Permit restrictions. With limited exceptions, you may use 
raptors held under your captive propagation permit only for propagation 
or keep them to transfer or sell. You must transfer a raptor used in 
captive propagation to a falconry permit before you or another person 
may use it in falconry. If you transfer a raptor used in captive 
propagation to another permit, you and the recipient of the raptor 
(which might be you) must complete an FWS Form 3-186A and report the 
transfer. You do not need to transfer a bird from your falconry permit 
(if you hold one) if you use the bird for fewer than 8 months in a year 
in captive propagation, but you must do so if you permanently transfer 
the bird for propagation. The bird must then be banded as required in 
paragraph (e).
    (p) Training propagation raptors. You may use falconry training or 
conditioning practices such as, but not

[[Page 29670]]

limited to, creance (tethered) flying, lures, balloons, or kites in 
training or conditioning captive-bred progeny of raptors you hold under 
your permit.
    (1) Until the raptors are 1 year old, you may use captive-bred 
offspring in actual hunting as a means of training them. To do so, you 
will not need to transfer them to another permit type. You may not use 
them in hunting after their first year if they are held under your 
captive propagation permit.
    (2) Any hybrid raptor that you fly free must have at least two 
attached radio transmitters to help you to locate the bird.
    (3) You may not hunt at any time with raptors you use in 
propagation.
    (q) Hacking of propagation raptors. ``Hacking'' (temporary release 
to the wild) is an approved method to condition raptors. You may hack a 
raptor that you produce under your propagation permit.
    (1) You may need permission from your State or tribal wildlife 
agency to hack a raptor you possess under your propagation permit. 
Check with your State or tribal agency that regulates falconry to 
determine if hacking is allowed.
    (2) Any hybrid you hack must have two attached functioning radio 
transmitters during hacking.
    (3) You may not hack a raptor near a nesting area of a federally 
threatened or endangered bird species or in any other location where 
the raptor is likely to harm a federally listed threatened or 
endangered animal species that might be disturbed or taken by your 
falconry raptor. You should contact your State or territorial wildlife 
agency before hacking a falconry raptor to ensure that this does not 
occur. Contact the Fish and Wildlife Service office in your State or 
territory for information on federally listed species.
    (r) Transfer of propagation raptors and offspring if a permittee 
dies. A surviving spouse, executor, administrator, or other legal 
representative of a deceased raptor propagation permittee may transfer 
any bird, eggs, or semen held by the deceased permittee to another 
authorized permittee within 90 days of the death of the falconry 
permittee. After 90 days, disposition of a bird held under the permit 
is at our discretion.
    (s) Records of captive propagation efforts. You must maintain 
complete and accurate records of all operations, including the 
following, for at least 5 years after the expiration of your permit. 
However, you may want to retain your records for a longer time if you 
want to get another migratory bird permit, a Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
permit, or a Wild Bird Conservation Act permit.
    (1) The acquisition of raptors, eggs, or semen you acquired from 
the wild or that were transferred to you.
    (i) What you acquired, and the species, sex, age, and band number 
of each bird you acquired.
    (ii) Whether you acquired the raptor, egg, or semen from the wild 
or you purchased it or it was transferred to you.
    (2) The disposition of raptors, eggs, or semen you sell or transfer 
to another permittee. The information should include the band number of 
raptors you sell or transfer.
    (t) Annual report. You must submit a completed FWS Form 3-202-8 to 
your Regional Migratory Bird Permit office by January 31 each year for 
January 1 through December 31 of the preceding year.
    (u) Endangered or threatened species. If you wish to propagate 
endangered or threatened species, you must have at least 2 years of 
experience handling raptors in a propagation program or programs. You 
may also need an endangered species permit to propagate threatened or 
endangered raptors. See Sec. Sec.  17.21 and 17.22 of this chapter for 
permit requirements to propagate threatened or endangered raptors.
    (v) Applying for a Federal raptor propagation permit. Using FWS 
Form 3-200-12, you must submit your application for a raptor 
propagation permit to the appropriate Regional Director, to the 
attention of the Migratory Bird Permit Office. You can find addresses 
for the Regional Directors in 50 CFR 2.2. Your application must contain 
the general information and the certification required in Sec.  
13.12(a) of this chapter, a copy of your State permit authorizing 
raptor propagation, if your State requires one, and a description 
(including dimensions), drawings, and photographs of the facilities and 
equipment you will use.
    (w) Criteria for issuing a permit. When we receive a completed 
application, we will decide whether we should issue a permit to you. We 
will consider the general criteria in part 13 of this chapter and the 
following factors:
    (1) You must be at least 18 years old and have at least 2 full 
years of experience handling raptors.
    (2) You must have a propagation permit or other authorization for 
raptor propagation from your State or Tribe, if your State or Tribe 
requires it.
    (3) Your raptor propagation facilities must be adequate for the 
number and species of raptors to be held under your permit.
    (x) Updating a raptor propagation permit after a move. If you move 
within your State or get a new mailing address, you must notify us 
within 30 days (see Sec.  13.23(c) of this chapter). If you move to a 
new State, within 30 days you must inform both your former and your new 
(if applicable) Migratory Bird Permit Offices of your address change. 
If you have new propagation facilities, you must provide information, 
pictures, and diagrams of them, and they may be inspected in accordance 
with Federal or State requirements. Thereafter, no mandatory 
inspections of the facilities will continue.
    (y) Permit expiration. Your Federal permit may be valid for up to 5 
years from when it is issued or renewed. It will expire on the same day 
as your State permit, unless your State permit is for a period longer 
than 5 years, or unless we amend, suspend, or revoke it.

     Dated: May 12, 2011.
Will Shafroth,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-12519 Filed 5-20-11; 8:45 am]
BILLING CODE 4310-55-PDEPARTMENT OF COMMERCE