[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2006 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          50


          Parts 18 to 199

                         Revised as of October 1, 2006


          Wildlife and Fisheries
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2006
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 50:
          Chapter I--United States Fish and Wildlife Service, 
          Department of the Interior                                 3
  Finding Aids:
      Table of CFR Titles and Chapters........................     653
      Alphabetical List of Agencies Appearing in the CFR......     671
      List of CFR Sections Affected...........................     681

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                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 50 CFR 18.1 refers 
                       to title 50, part 18, 
                       section 1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 2006), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of textual material 
appearing in the Code of Federal Regulations.

INQUIRIES

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volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
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ELECTRONIC SERVICES

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mail, gpoaccess@gpo.gov.

[[Page vii]]

    The Office of the Federal Register also offers a free service on the 
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register. The NARA site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

October 1, 2006.

[[Page ix]]



                               THIS TITLE

    Title 50--Fish and Wildlife is composed of nine volumes. The parts 
in these volumes are arranged in the following order: Parts 1-16; part 
17 (17.1 to 17.95(b)), part 17 (17.95(c) to End), part 17 (17.96 to 
17.99(h)), part 17 (17.99(i) to End and 17.100 to End), parts 18-199, 
parts 200-599, parts 600-659 and part 660 to End. The first six volumes 
(parts 1-16, part 17 (17.1 to 17.95(b)), part 17 (17.95(c) to End), part 
17 (17.96 to 17.99(h)), part 17 (part 17.99(i) to End and 17.100 to 
End), and parts 18-199) contain the current regulations issued under 
chapter I--United States Fish and Wildlife Service, Department of the 
Interior. The seventh volume (parts 200-599) contains the current 
regulations issued under chapter II--National Marine Fisheries Service, 
National Oceanic and Atmospheric Administration, Department of Commerce; 
chapter III--International Fishing and Related Activities, chapter IV--
Joint Regulations (United States Fish and Wildlife Service, Department 
of the Interior and National Marine Fisheries Service, National Oceanic 
and Atmospheric Administration, Department of Commerce); Endangered 
Species Committee regulations; and chapter V--Marine Mammal Commission. 
The eighth and ninth volumes (parts 600-659 and part 660 to End) contain 
the current regulations issued under chapter VI--Fishery Conservation 
and Management, National Oceanic and Atmospheric Administration, 
Department of Commerce. The contents of these volumes represent all 
current regulations codified under this title of the CFR as of October 
1, 2006.

    Alphabetical listings of endangered and threatened wildlife and 
plants appear in Sec. Sec.  17.11 and 17.12.

    The OMB control numbers for the National Oceanic and Atmospheric 
Administration appear in 15 CFR 902.1.

    For this volume, Moja N. Mwaniki and Elmer Barksdale were Chief 
Editors. The Code of Federal Regulations publication program is under 
the direction of Frances D. McDonald, assisted by Kenneth R. Payne.


[[Page 1]]



                    TITLE 50--WILDLIFE AND FISHERIES




                  (This book contains parts 18 to 199)

  --------------------------------------------------------------------
                                                                    Part

chapter i--United States Fish and Wildlife Service, 
  Department of the Interior (Continued)....................          18

[[Page 3]]



 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                          INTERIOR (CONTINUED)




  --------------------------------------------------------------------

   SUBCHAPTER B--TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, 
 BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS (CONTINUED)
Part                                                                Page
18              Marine mammals..............................           5
19              Airborne hunting............................          33
20              Migratory bird hunting......................          35
21              Migratory bird permits......................          55
22              Eagle permits...............................         104
23              Endangered species convention...............         113
24              Importation and exportation of plants.......         154
            SUBCHAPTER C--THE NATIONAL WILDLIFE REFUGE SYSTEM
25              Administrative provisions...................         157
26              Public entry and use........................         165
27              Prohibited acts.............................         172
28              Enforcement, penalty, and procedural 
                    requirements for violations of parts 25, 
                    26, and 27..............................         178
29              Land use management.........................         180
30              Range and feral animal management...........         190
31              Wildlife species management.................         190
32              Hunting and fishing.........................         192
34              Refuge revenue sharing with counties........         407
35              Wilderness preservation and management......         410
36              Alaska National Wildlife Refuges............         413
37              Geological and geophysical exploration of 
                    the coastal plain, Arctic National 
                    Wildlife Refuge, Alaska.................         439
38              Midway Atoll National Wildlife Refuge.......         461
                         SUBCHAPTER D [RESERVED]
        SUBCHAPTER E--MANAGEMENT OF FISHERIES CONSERVATION AREAS
70              National fish hatcheries....................         465

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71              Hunting and fishing on national fish 
                    hatchery areas..........................         466
  SUBCHAPTER F--FEDERAL AID TO STATES IN FISH AND WILDLIFE RESTORATION
80              Administrative requirements, Federal Aid in 
                    Fish and Federal Aid in Wildlife 
                    Restoration Acts........................         468
81              Conservation of endangered and threatened 
                    species of fish, wildlife, and plants--
                    cooperation with the States.............         477
82              Administrative procedures for grants-in-aid 
                    (Marine Mammal Protection Act of 1972)..         481
83              Rules implementing the Fish and Wildlife 
                    Conservation Act of 1980................         486
84              National Coastal Wetlands Conservation Grant 
                    Program.................................         491
85              Clean Vessel Act Grant Program..............         506
86              Boating Infrastructure Grant (BIG) Program..         515
                 SUBCHAPTER G--MISCELLANEOUS PROVISIONS
90              Feeding depredating migratory waterfowl.....         530
91              Migratory bird hunting and conservation 
                    stamp contest...........................         532
92              Migratory bird subsistence harvest in Alaska         536
                SUBCHAPTER H--NATIONAL WILDLIFE MONUMENTS
96-99           [Reserved]

100             Subsistence management regulations for 
                    public lands in Alaska..................         549
101-199         [Reserved]

Appendix A to Chapter I--Codes for the Representation of 
  Names of Countries (Established by the International 
  Organization for Standardization).........................         648

[[Page 5]]



SUBCHAPTER B_TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, BARTER, 
     EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS (CONTINUED)



PART 18_MARINE MAMMALS--Table of Contents




                         Subpart A_Introduction

Sec.
18.1 Purpose of regulations.
18.2 Scope of regulations.
18.3 Definitions.
18.4 Information collection requirements.

                         Subpart B_Prohibitions

18.11 Prohibited taking.
18.12 Prohibited importation.
18.13 Prohibited uses, possession, transportation, and sales.
18.14 Marine mammals taken before the Act.

                      Subpart C_General Exceptions

18.21 Actions permitted by international treaty, convention, or 
          agreement.
18.22 Taking by Federal, State or local government officials.
18.23 Native exemptions.
18.24 Taking incidental to commercial fishing operations.
18.25 Exempted marine mammals or marine mammals products.
18.26 Collection of certain dead marine mammal parts.
18.27 Regulations governing small takes of marine mammals incidental to 
          specified activities.

                      Subpart D_Special Exceptions

18.30 Polar bear sport-hunted trophy import permits.
18.31 Scientific research permits and public display permits.
18.32 Waiver of the moratorium.
18.33 Procedures for issuance of permits and modification, suspension, 
          or revocation thereof.

Subpart E--Depleted Species or Stocks [Reserved]

Subpart F--Transfer of Management Authority to States [Note]

         Subpart G_Notice and Hearing on Section 103 Regulations

18.70 Basis and purpose.
18.71 Definitions.
18.72 Scope of regulations.
18.73 Burden of proof.
18.74 Notice of hearing.
18.75 Notification by interested persons.
18.76 Presiding officer.
18.77 Direct testimony submitted as written documents.
18.78 Mailing address.
18.79 Inspection and copying of documents.
18.80 Ex parte communications.
18.81 Prehearing conference.
18.82 Prehearing order.
18.83 Determination to cancel the hearing.
18.84 Rebuttal testimony and new issues of fact in prehearing order.
18.85 Waiver of right to participate.
18.86 Conduct of the hearing.
18.87 Direct testimony.
18.88 Cross-examination.
18.89 Oral and written arguments.
18.90 Recommended decision, certification of the transcript and 
          submission of comments on the recommended decision.
18.91 Director's decision.

 Subpart H_Waiver of Moratorium on Taking and Importation of Individual 
                          Marine Mammal Species

18.92 Purpose of regulations.
18.93 Scope of regulations.
18.94 Pacific walrus (Alaska).

Subpart I [Reserved]

 Subpart J_Nonlethal Taking of Marine Mammals Incidental to Oil and Gas 
Exploration, Development, and Production Activities in the Beaufort Sea 
                  and Adjacent Northern Coast of Alaska

18.121 What specified activities does this subpart cover?
18.122 In what specified geographic region does this subpart apply?
18.123 When is this subpart effective?
18.124 How do I obtain a Letter of Authorization?
18.125 What criteria does the Service use to evaluate Letter of 
          Authorization requests?
18.126 What does a Letter of Authorization allow?
18.127 What activities are prohibited?
18.128 What are the mitigation, monitoring, and reporting requirements?
18.129 What are the information collection requirements?

    Authority: 16 U.S.C. 1361 et seq.

    Source: 39 FR 7262, Feb. 25, 1974, unless otherwise noted.

[[Page 6]]



                         Subpart A_Introduction



Sec. 18.1  Purpose of regulations.

    The regulations contained in this part implement the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1361-1407), which among other things, 
restricts the taking, possession, transportation, selling, offering for 
sale, and importing of marine mammals.



Sec. 18.2  Scope of regulations.

    (a) This part 18 applies solely to marine mammals and marine mammal 
products as defined in Sec. 18.3. For regulations under the Act with 
respect to cetacea (whales and porpoises), pinnipedia, other than walrus 
(seals and sea lions), see 50 CFR part 216.
    (b) The provisions in this part are in addition to, and are not in 
lieu of, other regulations of this subchapter B which may require a 
permit or prescribe additional restrictions or conditions for the 
importation, exportation, and interstate transportation of wildlife. 
(See also part 13 of this subchapter.)



Sec. 18.3  Definitions.

    In addition to definitions contained in section 3 of the Act and in 
part 10 of this subchapter, and unless the context requires otherwise, 
in this part 18:
    Act means the Marine Mammal Protection Act of 1972, 86 Stat. 1027, 
16 U.S.C. 1361-1407; Pub. L. 92-522.
    Alaskan Native means a person defined in the Alaska Native Claims 
Settlement Act (43 U.S.C. section 1603(b) (85 Stat. 588)) as a citizen 
of the United States who is of one-fourth degree or more Alaska Indian 
(including Tsimshian Indians enrolled or not enrolled in the Metlaktla 
Indian Community), Eskimo, or Aleut blood, or combination thereof. The 
term includes any Native, as so defined, either or both of whose 
adoptive parents are not Natives. It also includes, in the absence of 
proof of a minimum blood quantum, any citizen of the United States who 
is regarded as an Alaska Native by the Native village or town of which 
he claims to be a member and whose father or mother is (or, if deceased, 
was) regarded as Native by any Native village or Native town. Any 
citizen enrolled by the Secretary pursuant to section 5 of the Alaska 
Native Claims Settlement Act shall be conclusively presumed to be an 
Alaskan Native for purposes of this part.
    Authentic native articles of handicrafts and clothing means items 
made by an Indian, Aleut, or Eskimo that (a) are composed wholly or in 
some significant respect of natural materials and (b) are significantly 
altered from their natural form and are produced, decorated, or 
fashioned in the exercise of traditional native handicrafts without the 
use of pantographs, multiple carvers, or similar mass-copying devices. 
Improved methods of production utilizing modern implements such as 
sewing machines or modern techniques at a tannery registered pursuant to 
Sec. 18.23(c) may be used so long as no large-scale mass-production 
industry results. Traditional native handicrafts include, but are not 
limited to, weaving, carving, stitching, sewing, lacing, beading, 
drawing, and painting. The formation of traditional native groups, such 
as cooperatives, is permitted so long as no large-scale mass production 
results.
    Commercial fishing operation means the lawful harvesting of fish 
from the marine environment for profit as part of an on-going business 
enterprise. Such term shall not include sport fishing activities whether 
or not carried out by charter boat or otherwise, and whether or not the 
fish so caught are subsequently sold.
    Endangered species means a species of marine mammal listed as 
``endangered'' pursuant to the Endangered Species Act of 1973, 87 Stat. 
884, Pub. L. 93-205 (see part 17 of this subchapter).
    Incidental catch means the taking of a marine mammal (a) because it 
is directly interfering with commercial fishing operations, or (b) as a 
consequence of the steps used to secure the fish in connection with 
commercial fishing operations: Provided, however, That a marine mammal 
so taken must immediately be returned to the sea with a minimum of 
injury; and Provided, further, That the taking of a marine mammal which 
otherwise meets the requirements of this definition shall not be 
considered as incidental catch of that mammal if it is used subsequently 
to assist in commercial fishing operations.

[[Page 7]]

    Marine mammal means any specimen of the following species, whether 
alive or dead, and any part thereof, including but not limited to, any 
raw, dressed, or dyed fur or skin:

------------------------------------------------------------------------
         Scientific name              Common name         Date listed
------------------------------------------------------------------------
Ursus maritimus.................  Polar bear........  Dec. 21, 1972.
Enhydra lutris..................  Sea otter.........   Do.
Odobenus rosmarus...............  Walrus............   Do.
Dugong dugon....................  Dugong............   Do.
Trichechus manatus..............  West Indian          Do.
                                   manatee.
Trichechus inunguis.............  Amazonian manatee.   Do.
Trichechus senegalensis.........  West African         Do.
                                   manatee.
Lutra felina....................  Marine otter......  Mar. 29, 1978.
------------------------------------------------------------------------
Note: Common names given may be at variance with local usage.

    Native village or town means any community, association, tribe, 
band, clan, or group.
    Pregnant means pregnant near term.
    Subsistence means the use by Alaskan Natives of marine mammals taken 
by Alaskan Natives for food, clothing, shelter, heating, transportation, 
and other uses necessary to maintain the life of the taker or for those 
who depend upon the taker to provide them with such subsistence.
    Take means to harass, hunt, capture, collect, or kill, or attempt to 
harass, hunt, capture, collect, or kill any marine mammal, including, 
without limitation, any of the following: The collection of dead animals 
or parts thereof; the restraint or detention of a marine mammal, no 
matter how temporary; tagging a marine mammal; or the negligent or 
intentional operation of an aircraft or vessel, or the doing of any 
other negligent or intentional act which results in the disturbing or 
molesting of a marine mammal.
    Threatened species means a species of marine mammal listed as 
``threatened'' pursuant to the Endangered Species Act of 1973, 87 Stat. 
884, Pub. L. 93-205.
    Wasteful manner means any taking or method of taking which is likely 
to result in the killing or injuring of marine mammals beyond those 
needed for subsistence purposes or for the making of authentic native 
articles of handicrafts and clothing or which results in the waste of a 
substantial portion of the marine mammal and includes without limitation 
the employment of a method of taking which is not likely to assure the 
capture or killing of a marine mammal, or which is not immediately 
followed by a reasonable effort to retrieve the marine mammal.

[39 FR 7262, Feb. 25, 1974, as amended at 43 FR 13066, Mar. 29, 1978; 55 
FR 14978, Apr. 20, 1990; 70 FR 48323, Aug. 17, 2005]



Sec. 18.4  Information collection requirements.

    (a) The Office of Management and Budget under 44 U.S.C. 3501 et seq. 
has approved the information collection requirements contained in 
Subpart D and assigned clearance number 1018-0022. The Service is 
collecting this information to review and evaluate permit applications 
and make decisions according to criteria established in various Federal 
wildlife conservation statutes and regulations, on the issuance or 
denial of permits. The applicant must respond to obtain or retain a 
permit.
    (b) The Service estimated the public reporting burden for this 
collection of information to vary from 15 minutes to 4 hours per 
response, with an average of 1.028 hours per response, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding this burden or 
any other aspect of this collection of information, including 
suggestions for reducing the burden, to the Service Information 
Collection Clearance Office, Fish and Wildlife, Service Office of 
Management and Budget, Mail Stop 224, Arlington Square, U.S. Department 
of the Interior, 1849 C Street, NW., Washington, DC 20240 and the Office 
of Management and Budget, Paperwork Reduction Project (1018-0022), 
Washington, DC 20503.

[62 FR 7329, Feb. 18, 1997]



                         Subpart B_Prohibitions



Sec. 18.11  Prohibited taking.

    Except as otherwise provided in subpart C, D, or H of this part 18, 
or part 403, it is unlawful for:
    (a) Any person, vessel, or conveyance subject to the jurisdiction of 
the United States to take any marine mammal on the high seas, or

[[Page 8]]

    (b) Any person, vessel, or conveyance to take any marine mammal in 
waters or on lands under the jurisdiction of the United States.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]



Sec. 18.12  Prohibited importation.

    (a) Except as otherwise provided in subparts C and D of this part 
18, it is unlawful for any person to import any marine mammal or marine 
mammal product into the United States.
    (b) Regardless of whether an importation is otherwise authorized 
pursuant to subparts C and D of this part 18, it is unlawful for any 
person to import into the United States any:
    (1) Marine mammal: (i) Taken in violation of the Act, or
    (ii) Taken in another country in violation of the laws of that 
country;
    (2) Any marine mammal product if: (i) The importation into the 
United States of the marine mammal from which such product is made would 
be unlawful under paragraph (b)(1) of this section, or
    (ii) The sale in commerce of such product in the country of origin 
of the product is illegal.
    (c) Except in accordance with an exception referred to in subpart C 
and Sec. Sec. 18.31 and 18.32 of this part, it is unlawful to import 
into the United States any:
    (1) Marine mammal which was pregnant at the time of taking;
    (2) Marine mammal which was nursing at the time of taking, or less 
than 8 months old, whichever occurs later;
    (3) Specimen of an endangered or threatened species of marine 
mammals;
    (4) Specimen taken from a depleted species or stock of marine 
mammals; or
    (5) Marine mammal taken in an inhumane manner.
    (d) It is unlawful to import into the United States any fish, 
whether fresh, frozen, or otherwise prepared, if such fish was caught in 
a manner proscribed by the Secretary of Commerce for persons subject to 
the jurisdiction of the United States, whether or not any marine mammals 
were in fact taken incident to the catching of the fish.



Sec. 18.13  Prohibited uses, possession, transportation, and sales.

    Except as otherwise provided in the Act or these regulations, it is 
unlawful for:
    (a) Any person to use any port, harbor, or other place under the 
jurisdiction of the United States for any purpose in any way connected 
with a prohibited taking or any unlawful importation of any marine 
mammal or marine mammal products;
    (b) Any person to possess any marine mammal, or product therefrom, 
taken in violation of the Act or these regulations;
    (c) Any person to transport, purchase, sell, or offer to purchase or 
sell any marine mammal or marine mammal product; or
    (d) Any person subject to the jurisdiction of the United States to 
use in a commercial fishery, any means or method of fishing in 
contravention of regulations and limitations issued by the Secretary of 
Commerce for that fishery to achieve the purposes of this Act.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]



Sec. 18.14  Marine mammals taken before the Act.

    (a) Section 102(e) of the Act provides in effect that the Act shall 
not apply to any marine mammal taken prior to December 21, 1972, or to 
any marine mammal product consisting of, or composed in whole or in part 
of, any marine mammal taken before such date. Such status may be 
established by submitting to the Director prior to, or at the time of 
importation, an affidavit containing the following:
    (1) The Affiant's name and address;
    (2) Identification of the Affiant;
    (3) A description of the marine mammals or marine mammal products 
which the Affiant desires to import;
    (4) A statement by the Affiant that to the best of his knowledge and 
belief, the marine mammals involved in the application were taken prior 
to December 21, 1972;
    (5) A statement by the Affiant in the following language:

    The foregoing is principally based on the attached exhibits which, 
to the best of my

[[Page 9]]

knowledge and belief, are complete, true and correct. I understand that 
this affidavit is being submitted for the purpose of inducing the 
Federal Government to permit the importation of ---------- under the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1407) and 
regulations promulgated thereunder, and that any false statements may 
subject me to the criminal penalties of 18 U.S.C. 1001.

    (b) Either one of two exhibits shall be attached to such affidavit, 
and will contain either:
    (1) Records or other available evidence showing that the product 
consists of or is composed in whole or in part of marine mammals taken 
prior to December 21, 1972. Such records or other evidentiary material 
must include information on how, when, where, and by whom the animals 
were taken, what processing has taken place since taking, and the date 
and location of such processing; or
    (2) A statement from a government agency of the country of origin 
exercising jurisdiction over marine mammals that any and all such 
mammals from which the products sought to be imported were derived were 
taken prior to December 21, 1972.
    (c) Service agents, or Customs officers, may refuse to clear marine 
mammals or marine mammal products for importation into the United 
States, pursuant to Sec. 14.53 of this subchapter, until the importer 
can demonstrate, by production of the affidavit referred in above or 
otherwise, that section 102(e) of the Act applies to all affected items.
    (d) This section has no application to any marine mammal or marine 
mammal product intended to be imported pursuant to Sec. 18.21, Sec. 
18.31 or Sec. 18.32 of this part.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]



                      Subpart C_General Exceptions



Sec. 18.21  Actions permitted by international treaty, convention, or agreement.

    The Act and these regulations shall not apply to the extent that 
they are inconsistent with the provisions of any international treaty, 
convention or agreement, or any statute implementing the same, relating 
to the taking or importation of marine mammals or marine mammal 
products, which was existent and in force prior to December 21, 1972, 
and to which the United States was a party. Specifically, the 
regulations in subpart B of this part and the provisions of the Act 
shall not apply to activities carried out pursuant to the Interim 
Convention on the Conservation of North Pacific Fur Seals signed in 
Washington on February 9, 1957, and the Fur Seal Act of 1966, 16 U.S.C. 
1151-1187, as, in each case, from time to time amended.



Sec. 18.22  Taking by Federal, State or local government officials.

    (a) A Federal, State or local government official or employee may 
take a marine mammal in the course of his duties as an official or 
employee and no permit shall be required, if such taking:
    (1) Is accomplished in a humane manner;
    (2) Is for the protection or welfare of such mammal or from the 
protection of the public health or welfare; and
    (3) Includes steps designed to insure return of such mammal, if not 
killed in the course of such taking, to its natural habitat. In 
addition, any such official or employee may, incidental to such taking, 
possess and transport, but not sell or offer for sale, such mammal and 
use any port, harbor or other place under the jurisdiction of the United 
States. All steps reasonably practicable under the circumstances shall 
be taken by any such employee or official to prevent injury or death to 
the marine mammal as the result of such taking.
    (b) Each taking permitted under this section should be included in a 
written report, to be submitted to the Director every six months, 
beginning December 31, 1973. Unless otherwise permitted by the Director, 
the report shall contain a description of:
    (1) The animal involved;
    (2) The circumstances requiring the taking;
    (3) The method of taking;
    (4) The name and official position of the State official or employee 
involved;
    (5) The disposition of the animal, including in cases where the 
animal has

[[Page 10]]

been retained in captivity, a description of the place and means of 
confinement and the measures taken for its maintenance and care; and
    (6) Such other information as the Director may require.

The reports shall be mailed to the Director, U.S. Fish and Wildlife 
Service, U.S. Department of the Interior, Washington, DC 20240.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]



Sec. 18.23  Native exemptions.

    (a) Taking. Except as otherwise provided in part 403 of this title, 
any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the 
coast of the North Pacific Ocean or the Arctic Ocean may take any marine 
mammal without a permit, subject to the restrictions contained in this 
section, if such taking is:
    (1) For subsistence purposes, or
    (2) For purposes of creating and selling authentic native articles 
of handicraft and clothing, and
    (3) In each case, not accomplished in a wasteful manner.
    (b) Restrictions. (1) ``Except for a transfer to a duly authorized 
representative of the Regional Director of the U.S. Fish and Wildlife 
Service for scientific research purposes, no marine mammal taken for 
subsistence may be sold or otherwise transferred to any person other 
than an Alaskan Native or delivered, carried, transported, or shipped in 
interstate or foreign commerce, unless:
    (i) It is being sent by an Alaskan Native directly or through a 
registered agent to a tannery registered under paragraph (c) of this 
section for the purpose of processing, and will be returned directly or 
through a registered agent to the Alaskan Native; or
    (ii) It is sold or transferred to a registered agent in Alaska for 
resale or transfer to an Alaskan Native; or
    (iii) It is an edible portion and it is sold in an Alaskan Native 
village or town.
    (2) ``Except for a transfer to a duly authorized representative of 
the Regional Director of the U.S. Fish and Wildlife Service for 
scientific research purposes, no marine mammal taken for purposes of 
creating and selling authentic Native articles of handicraft and 
clothing may be sold or otherwise transferred to any person other than 
an Indian, Aleut or Eskimo, or delivered, carried, transported or 
shipped in interstate or foreign commerce, unless:
    (i) It is being sent by an Indian, Aleut or Eskimo directly or 
through a registered agent to a tannery registered under paragraph (c) 
of this section for the purpose of processing, and will be returned 
directly or through a registered agent to the Indian, Aleut or Eskimo; 
or
    (ii) It is sold or transferred to a registered agent for resale or 
transfer to an Indian, Aleut, or Eskimo; or
    (iii) It has been first transformed into an authentic Native article 
of handicraft or clothing; or
    (iv) It is an edible portion and it is sold (A) in an Alaskan Native 
village or town or (B) to an Alaskan Native for his consumption.
    (c) The restriction in paragraph (b) shall not apply to parts or 
products of the Pacific walrus (Odobenis rosmarus) to the extent that 
the waiver of the moratorium and the approved State/Federal regulations 
relating to the taking and importation of walrus permits the delivery, 
sale, transportation or shipment of parts or products of the Pacific 
walrus in interstate or foreign commerce.
    (d) Any tannery, or person who wishes to act as an agent, within the 
jurisdiction of the United States may apply to the Director for 
registration as a tannery or an agent which may possess and process 
marine mammal products for Indians, Aleuts, or Eskimos. The application 
shall include the following information:
    (1) The name and address of the applicant;
    (2) A description of the applicant's procedures for receiving, 
storing, processing, and shipping materials;
    (3) A proposal for a system of bookkeeping and/or inventory 
segregation by which the applicant could maintain accurate records of 
marine mammals received from Indians, Aleuts, or Eskimos, pursuant to 
this section;
    (4) Such other information as the Director may request;
    (5) A certification in the following language:


[[Page 11]]


    I hereby certify that the foregoing information is complete, true, 
and correct to the best of my knowledge and belief. I understand that 
this information is submitted for the purpose of obtaining the benefit 
of an exception under the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361-1407) and regulations promulgated thereunder, and that any 
false statement may subject me to the criminal penalties of 18 U.S.C. 
1001.

    (6) The signature of the applicant.

The sufficiency of the application shall be determined by the Director, 
and in that connection, he may waive any requirement for information, or 
require any elaboration or further information deemed necessary. The 
registration of a tannery or other agent shall be subject to the 
conditions as the Director prescribes, which may include, but are not 
limited to provisions regarding records, inventory segregation, reports, 
and inspection. The Director may charge a reasonable fee for such 
applications, including an appropriate apportionment of overhead and 
administrative expenses of the Department of Interior.
    (e) Notwithstanding the preceding provisions of this section, 
whenever, under the Act, the Secretary determines any species or stock 
of marine mammals to be depleted, he may prescribe regulations pursuant 
to section 103 of the Act upon the taking of such marine mammals by any 
Indian, Aleut, or Eskimo and, after promulgation of such regulations, 
all takings of such marine mammals by such person shall conform to such 
regulations.
    (f) Marking, tagging, and reporting. (1) In addition to definitions 
contained in the Act, 50 CFR 18.3, and 50 CFR 18.27, in this paragraph 
(f):
    (i) The term ``marking and tagging'' of marine mammals as specified 
in section 109(i) of the Act refers to the actual physical attachment of 
an approved band or other such marking device or technique to the raw or 
unhandicrafted (including unmarked tanned skins) skin and skull of polar 
bears, the tusks of walruses, and the skin and skull of sea otters; and
    (ii) The term ``reporting'' means the collection by Service 
personnel or the Service's authorized local representatives of 
biological data, harvest data, and other information regarding the 
effect of taking of marine mammals on populations, the collection of 
which the Service determines to be necessary for management purposes. 
Reporting will be done on forms provided by the Service upon 
presentation for marking, tagging, and reporting purposes of the marine 
mammal(s) or specified raw or unhandicrafted parts thereof.
    (2) Notwithstanding the preceding provisions of this section, but 
subject to the provisions and conditions contained in this paragraph, no 
polar bear, walrus, or sea otter, or any parts thereof, taken or 
collected by an Alaskan Native for subsistence purposes or for purposes 
of creating and selling authentic Native articles of handicrafts and 
clothing may be possessed, transported within, or exported from Alaska 
unless the animal(s), or specified parts thereof, have been reported to, 
and properly marked and tagged by, Service personnel or the Service's 
authorized local representative; except:
    (i) An Alaskan Native that harvested or participated in the harvest 
of a polar bear, sea otter, or walrus and who possesses the animal, or 
any parts thereof, may possess the unmarked, untagged, and unreported 
animal(s), or parts thereof, for a period of time not to exceed 30 days 
from the time of taking for the purpose of transporting the specified 
parts to Service personnel or the Service's local authorized 
representative for marking, tagging, and reporting;
    (ii) Alaskan Natives and registered agents/tanneries may possess the 
specified unmarked or untagged raw, unhandicrafted, or tanned parts 
thereof for a period of time not to exceed 180 days from the effective 
date of this rulemaking for the purpose of transporting to Service 
personnel or the Service's local authorized representative for marking 
and tagging if the specified parts thereof were taken or possessed 
between December 21, 1972, and the effective date of this regulation. 
There is no reporting requirement for marine mammals, or specified parts 
thereof, covered by this paragraph.
    (3) Those unmarked, untagged, and unreported specified parts of 
polar bear, walrus, and sea otter, that must be presented to Service 
personnel or an authorized Service representative for

[[Page 12]]

marking, tagging, and reporting are as follows:
    (i) Polar bear--skin and skull.
    (ii) Walrus--tusks.
    (iii) Sea otter--skin and skull.
    (4) The locations where Service personnel or the Service's 
authorized local representative will be available for marking, tagging, 
and reporting purposes will be announced annually by the Alaska Regional 
Director. Local persons authorized to act as representatives for 
marking, tagging, and reporting purposes in the absence of Service 
personnel will also be announced annually by the Alaska Regional 
Director.
    (5) Marks and tags will be attached or applied to the skins, skulls, 
and tusks of the marine mammal(s) in such a manner as to maximize their 
longevity and minimize their adverse effects to the appearance of the 
specified parts that might result due to hindering the tanning or 
handicrafting of skins, or the handicrafting of tusks or skulls. If the 
tag or mark comes off of the specified part the person in possession of 
the part shall have 30 days to present the part and broken tag or other 
marking device to the Service or the Service's authorized local 
representative for remarking or retagging purposes.
    (6) Marks and tags for skins, skulls, and tusks will be provided by 
the Service. They will be numbered for accountability and of such 
design, construction, and material so as to maximize their durability 
and longevity on the specified parts.
    (7) Data collected pursuant to this paragraph will be reported on 
forms provided by the Service and maintained in the Service's Regional 
Office, Anchorage, Alaska. The Service will summarize the data annually 
and make it publicly available. The data will also be included in the 
Service's annual report to Congress as set forth in section 103(f) of 
the Act.
    (8) All items of research (e.g., radio collars, satellite 
transmitters, tags, etc.) that were attached to animals taken by Alaskan 
Natives must be returned to Service personnel or an authorized Service 
representative at the time the animal, or specified unhandicrafted parts 
thereof, are presented for marking, tagging, and reporting. No penalty 
will be imposed under the Act for a violation of this paragraph. 
However, penalties may be sought by the Service under other applicable 
Federal laws governing the possession and use of Federal property.
    (9) Pursuant to this paragraph (f), the following specific 
conditions and provisions apply:
    (i) Marking, tagging, and reporting of polar bears or specified 
parts thereof.
    (A) The skin and skull of an animal must accompany each other when 
presented for marking, tagging, and reporting except that the skin and 
skull of an animal need not be presented together for marking and 
tagging purposes if taken between December 21, 1972, and the effective 
date of this regulation.
    (B) Except as provided in paragraph (f)(2)(ii) of this section, the 
following information must be reported by Alaskan Natives when 
presenting polar bears, or specified parts thereof, for marking and 
tagging: sex of animal, date of kill, and location of kill.
    (C) Both the skin and the skull will be marked and tagged and a 
rudimentary pre-molar tooth may be removed from the skull and retained 
by the Service. The skin must have the sex identifiers, such as vaginal 
orifice, teats, or penal sheath or baculum, either attached to, or 
accompanying the skin.
    (D) The skull must be skinned out and the skin may be frozen or 
unfrozen when presented for marking, tagging, and reporting. If the skin 
is frozen, the sex identifiers, such as vaginal orifice, teats, penal 
sheath or baculum, must be visible.
    (E) Marks and tags must remain affixed to the skin through the 
tanning process and until the skin has been severed into parts for 
crafting into handicrafts or for as long as is practical during the 
handicrafting process.
    (ii) Marking, tagging, and reporting of walrus or specified parts 
thereof.
    (A) The paired tusks of the animal(s) must, to the maximum extent 
practical, accompany each other when presented for marking, tagging, and 
reporting purposes, except that paired tusks need not be presented 
together for marking and tagging purposes if

[[Page 13]]

taken between December 21, 1972, and the effective date of this 
regulation.
    (B) Except as provided in paragraph (f)(2)(ii) of this section, the 
following information must be reported by Alaskan Natives when 
presenting walrus, or specified parts thereof, for marking and tagging: 
date of take, sex of animal, whether live-killed, floating-dead, or 
beach-found, and location of the take or location of animal if found 
floating and dead or beach-found.
    (C) Marks and/or tags must remain affixed to the tusks until they 
have been crafted into a handicraft or for as long as is practical 
during the handicrafting process.
    (iii) Marking, tagging, and reporting of sea otter or specified 
parts thereof.
    (A) The skin and skull of an animal must accompany each other when 
presented for marking, tagging, and reporting, except that the skin and 
skull of an animal need not be presented together if taken between 
December 21, 1972, and the effective date of this regulation.
    (B) Except as provided in paragraph (f)(2)(ii) of this section, the 
following information must be reported by Alaskan Natives when 
presenting sea otters, or specified parts thereof, for marking and 
tagging: date of kill, sex of animal, and location of kill.
    (C) Both the skin and skull will be marked and tagged and a 
rudimentary pre-molar tooth may be removed from the skull and retained 
by the Service. The skin must have the sex identifiers, such as vaginal 
orifice, teats, or penal sheath or baculum, either attached to, or 
accompanying the skin.
    (D) The skull must be skinned out and the skin may be frozen or 
unfrozen when presented for marking, tagging, and reporting. If the skin 
is frozen, the sex identifiers, such as vaginal orifice, teats, or penal 
sheath or baculum, must be visible.
    (E) Marks and tags must remain affixed to the skin through the 
tanning process and until the skin has been severed into parts for 
crafting into handicrafts or for as long as is practical during the 
handicrafting process.
    (10) No person may falsify any information required to be set forth 
on the reporting form when the marine mammal(s), or specified parts 
thereof, are presented as required by these regulations.
    (11) Possession by any person of marine mammal(s), or any parts 
thereof, in violation of the provisions and conditions of this Sec. 
18.23(f) is subject to punishment under the penalties provided for in 
section 105(a)(1) of the Act.
    (12) The information collection requirements contained in this Sec. 
18.23(f) have been approved by the Office of Management and Budget under 
44 U.S.C. 3501 et seq. and assigned clearance number 1018-0066. The 
information is mandatory in order to have the marine mammal parts 
``marked and tagged,'' and thereby made eligible for continued lawful 
possession. Non-response may result in the Service determining the 
wildlife to be illegally possessed and subject the individual to 
penalties under this title.

[39 FR 7262, Feb. 25, 1974, as amended at 40 FR 59444, Dec. 24, 1975; 45 
FR 54057, Aug. 14, 1980; 51 FR 17981, May 16, 1986; 53 FR 24283, June 
28, 1988]



Sec. 18.24  Taking incidental to commercial fishing operations.

    Persons may take marine mammals incidental to commercial fishing 
operations until October 21, 1974: Provided, That such taking is by 
means of equipment and techniques prescribed in regulations issued by 
the Secretary of Commerce. However, any marine mammal taken as an 
incidental catch may not be retained. It shall be the immediate goal 
that the incidental kill or incidental serious injury of marine mammals 
permitted in the course of commercial fishing operations be reduced to 
insignificant levels approaching a zero mortality and serious injury 
rate.



Sec. 18.25  Exempted marine mammals or marine mammal products.

    (a) The provisions of the Act and these regulations shall not apply:
    (1) To any marine mammal taken before December 21, 1972, or
    (2) To any marine mammal product if the marine mammal portion of 
such product consists solely of a marine mammal taken before such date.
    (b) The prohibitions contained in Sec. 18.12(c) (3) and (4) shall 
not apply to marine mammals or marine mammal

[[Page 14]]

products imported into the United States before the date on which notice 
is published in the Federal Register of the proposed rulemaking with 
respect to the designation of the species of stock concerned as depleted 
or endangered:
    (c) Section 18.12(b) shall not apply to articles imported into the 
United States before the effective date of the foreign law making the 
taking or sale, as the case may be, of such marine mammals or marine 
mammal products unlawful.



Sec. 18.26  Collection of certain dead marine mammal parts.

    (a) Any bones, teeth or ivory of any dead marine mammal may be 
collected from a beach or from land within \1/4\ of a mile of the ocean. 
The term ``ocean'' includes bays and estuaries.
    (b) Marine mammal parts so collected may be retained if registered 
within 30 days with an agent of the National Marine Fisheries Service, 
or an agent of the U.S. Fish and Wildlife Service.
    (c) Registration shall include (1) the name of the owner, (2) a 
description of the article to be registered and (3) the date and 
location of collection.
    (d) Title to any marine mammal parts collected under this section is 
not transferable, unless consented to in writing by the agent referred 
to in paragraph (b) of this section.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]



Sec. 18.27  Regulations governing small takes of marine mammals incidental to specified activities.

    (a) Purpose of regulations. The regulations in this section 
implement Section 101(a)(5) of the Marine Mammal Protection Act of 1972, 
as amended, 16 U.S.C. 1371(a)(5), which provides a mechanism for 
allowing, upon request, during periods of not more than five consecutive 
years each, the incidental, but not intentional, taking of small numbers 
of marine mammals by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical region.
    (b) Scope of regulations. The taking of small numbers of marine 
mammals under section 101(a)(5) of the Marine Mammal Protection Act may 
be allowed only if the Director of the Fish and Wildlife Service (1) 
finds, based on the best scientific evidence available, that the total 
taking during the specified time period will have a negligible impact on 
the species or stock and will not have an unmitigable adverse impact on 
the availability of the species or stock for subsistence uses; (2) 
prescribes regulations setting forth permissible methods of taking and 
other means of effecting the least practicable adverse impact on the 
species and its habitat and on the availability of the species for 
subsistence uses, paying particular attention to rookeries, mating 
grounds, and areas of similar significance; and (3) prescribes 
regulations pertaining to the monitoring and reporting of such taking.
    Note: The information collection requirement contained in this Sec. 
18.27 has been approved by the Office of Management and Budget under 44 
U.S.C. 3501 et seq. and assigned clearance No. 1018-0070. The 
information is being collected to describe the activity proposed and 
estimate the cumulative impacts of potential takings by all persons 
conducting the activity. The information will be used to evaluate the 
application and determine whether to issue Specific Regulations and, 
subsequently, Letters of Authorization. Response is required to obtain a 
benefit.
    The public reporting burden from this requirement is estimated to 
vary from 2 to 200 hours per response with an average of 10 hours per 
response including time for reviewing instructions, gathering and 
maintaining data, and completing and reviewing applications for specific 
regulations and Letters of Authorization. Direct comments regarding the 
burden estimate or any other aspect of this requirement to the 
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service, Department of the Interior, Mail Stop--220 ARLSQ, 18th and C 
Streets NW., Washington, DC 20240, and the Office of Management and 
Budget, Paperwork Reduction Project (Clearance No. 1018-0070), 
Washington, DC 20503.
    (c) Definitions. In addition to definitions contained in the Act and 
in 50 CFR 18.3 and unless the context otherwise requires, in this 
section:
    Citizens of the United States and U.S. citizens mean individual U.S. 
citizens or any corporation or similar entity if it is organized under 
the laws of the United States or any governmental unit defined in 16 
U.S.C. 1362(13). U.S. Federal, State and local government

[[Page 15]]

agencies shall also constitute citizens of the United States for 
purposes of this section.
    Incidental, but not intentional, taking means takings which are 
infrequent, unavoidable, or accidental. It does not mean that the taking 
must be unexpected. (Complete definition of take is contained in 50 CFR 
18.3.)
    Negligible impact is an impact resulting from the specified activity 
that cannot be reasonably expected to, and is not reasonably likely to, 
adversely affect the species or stock through effects on annual rates of 
recruitment or survival.
    Small numbers means a portion of a marine mammal species or stock 
whose taking would have a negligible impact on that species or stock.
    Specified activity means any activity, other than commercial 
fishing, which takes place in a specified geographical region and 
potentially involves the taking of small numbers of marine mammals. The 
specified activity and specified geographical region should be 
identified so that the anticipated effects on marine mammals will be 
substantially similar.
    Specified geographical region means an area within which a specified 
activity is conducted and which has similar biogeographic 
characteristics.
    Unmitigable adverse impact means an impact resulting from the 
specified activity (1) that is likely to reduce the availability of the 
species to a level insufficient for a harvest to meet subsistence needs 
by (i) causing the marine mammals to abandon or avoid hunting areas, 
(ii) directly displacing subsistence users, or (iii) placing physical 
barriers between the marine mammals and the subsistence hunters; and (2) 
that cannot be sufficiently mitigated by other measures to increase the 
availability of marine mammals to allow subsistence needs to be met.
    (d) Submission of requests. (1) In order for the Fish and Wildlife 
Service to consider allowing the taking by U.S citizens of small numbers 
of marine mammals incidental to a specified activity, a written request 
must be submitted to the Director, U.S. Fish and Wildlife Service, 
Department of the Interior, Washington, DC 20240. Requests shall include 
the following information on the activity as a whole, which includes, 
but is not limited to, an assessment of total impacts by all persons 
conducting the activity:
    (i) A description of the specific activity or class of activities 
that can be expected to result in incidental taking of marine mammals;
    (ii) The dates and duration of such activity and the specific 
geographical region where it will occur;
    (iii) Based upon the best available scientific information;
    (A) An estimate of the species and numbers of marine mammals likely 
to be taken by age, sex, and reproductive conditions, and the type of 
taking (e.g., disturbance by sound, injury or death resulting from 
collision, etc.) and the number of times such taking is likely to occur;
    (B) A description of the status, distribution, and seasonal 
distribution (when applicable) of the affected species or stocks likely 
to be affected by such activities;
    (C) The anticipated impact of the activity upon the species or 
stocks;
    (D) The anticipated impact of the activity on the availability of 
the species or stocks for subsistence uses;
    (iv) The anticipated impact of the activity upon the habitat of the 
marine mammal populations and the likelihood of restoration of the 
affected habitat;
    (v) The anticipated impact of the loss or modification of the 
habitat on the marine mammal population involved;
    (vi) The availability and feasibility (economic and technological) 
of equipment, methods, and manner of conducting such activity or other 
means of effecting the least practicable adverse impact upon the 
affected species or stocks, their habitat, and, where relevant, on their 
availability for subsistence uses, paying particular attention to 
rookeries, mating grounds, and areas of similar significance. (The 
applicant and those conducting the specified activity and the affected 
subsistence users are encouraged to develop mutually agreeable 
mitigating measures that will meet the needs of subsistence users.);
    (vii) Suggested means of accomplishing the necessary monitoring and 
reporting which will result in increased

[[Page 16]]

knowledge of the species through an analysis of the level of taking or 
impacts and suggested means of minimizing burdens by coordinating such 
reporting requirements with other schemes already applicable to persons 
conducting such activity; and
    (viii) Suggested means of learning of, encouraging, and coordinating 
research opportunities, plans and activities relating to reducing such 
incidental taking from such specified activities, and evaluating its 
effects.
    (2) The Director shall determine the adequacy and completeness of a 
request, and if found to be adequate, will invite information, 
suggestions, and comments on the preliminary finding of negligible 
impact and on the proposed specific regulations through notice in the 
Federal Register, newspapers of general circulation, and appropriate 
electronic media in the coastal areas that may be affected by such 
activity. All information and suggestions will be considered by the Fish 
and Wildlife Service in developing final findings and effective specific 
regulations.
    (3) The Director shall evaluate each request to determine, based on 
the best available scientific evidence, whether the total taking will 
have a negligible impact on the species or stock and, where appropriate, 
will not have an unmitigable adverse impact on the availability of such 
species or stock for subsistence uses. If the Director finds that 
mitigating measures would render the impact of the specified activity 
negligible when it would not otherwise satisfy that requirement, the 
Director may make a finding of negligible impact subject to such 
mitigating measures being successfully implemented. Any preliminary 
findings of ``negligible impact'' and ``no unmitigable adverse impact'' 
shall be proposed for public comment along with the proposed specific 
regulations.
    (4) If the Director cannot make a finding that the total taking will 
have a negligible impact in the species or stock or will not have an 
unmitigable adverse impact on the availability of such species or stock 
for subsistence uses, the Director shall publish in the Federal Register 
the negative finding along with the basis for denying the request.
    (e) Specific regulations. (1) Specific regulations will be 
established for each allowed activity which set forth (i) permissible 
methods of taking, (ii) means of effecting the least practicable adverse 
impact on the species and its habitat and on the availability of the 
species for subsistence uses, and (iii) requirements for monitoring and 
reporting.
    (2) Regulations will be established based on the best available 
scientific information. As new information is developed, through 
monitoring, reporting, or research, the regulations may be modified, in 
whole or part, after notice and opportunity for public review.
    (f) Letters of Authorization. (1) A Letter of Authorization, which 
may be issued only to U.S. citizens, is required to conduct activities 
pursuant to any specific regulations established. Requests for Letters 
of Authorization shall be submitted to the Director, U.S. Fish and 
Wildlife Service, Department of the Interior, Washington, DC 20240. The 
information to be submitted in a request may be obtained by writing the 
Director. Once specific regulations are effective, the Service will to 
the maximum extent possible, process subsequent applications for Letters 
of Authorization within 30 days after receipt of the application by the 
Service.
    (2) Issuance of a Letter of Authorization will be based on a 
determination that the level of taking will be consistent with the 
findings made for the total taking allowable under the specific 
regulations.
    (3) Notice of issuance of all Letters of Authorization will be 
published in the Federal Register within 30 days of issuance.
    (4) Letters of Authorization will specify the period of validity and 
any additional terms and conditions appropriate for the specific 
request.
    (5) Letters of Authorization shall be withdrawn or suspended, either 
on an individual or class basis, as appropriate, if, after notice and 
opportunity for public comment, the Director determines: (i) The 
regulations prescribed are not being substantially complied with, or 
(ii) the taking allowed is having, or may have, more

[[Page 17]]

than a negligible impact on the species or stock, or where relevant, an 
unmitigable adverse impact on the availability of the species or stock 
for subsistence uses.
    (6) The requirement for notice and opportunity for public review in 
paragraph (f)(5) of this section shall not apply if the Director 
determines that an emergency exists which poses a significant risk to 
the well-being of the species or stocks of marine mammals concerned.
    (7) A violation of any of the terms and conditions of a Letter of 
Authorization or of the specific regulations may subject the Holder and/
or any individual who is operating under the authority of the Holder's 
Letter of Authorization to penalties provided in the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1361-1407).

[48 FR 31225, July 7, 1983, as amended at 54 FR 40348, Sept. 29, 1989; 
55 FR 28765, July 13, 1990; 56 FR 27463, June 14, 1991]



                      Subpart D_Special Exceptions



Sec. 18.30  Polar bear sport-hunted trophy import permits.

    (a) Application procedure. You, as the hunter or heir of the 
hunter's estate, must submit an application for a permit to import a 
trophy of a polar bear taken in Canada to the U.S. Fish and Wildlife 
Service, Office of Management Authority, 4401 N. Fairfax Drive, 
Arlington, Virginia 22203. You must use an official application (Form 3-
200) provided by the Service and must include as an attachment all of 
the following additional information:
    (1) Certification that:
    (i) You or the deceased hunter took the polar bear as a personal 
sport-hunted trophy;
    (ii) You will use the trophy only for personal display purposes;
    (iii) The polar bear was not a pregnant female, a female with 
dependent nursing cub(s) or a nursing cub (such as in a family group), 
or a bear in a den or constructing a den when you took it; and
    (iv) For a polar bear taken after April 30, 1994, you made sure the 
gall bladder and its contents were destroyed;
    (2) Name and address of the person in the United States receiving 
the polar bear trophy if other than yourself;
    (3) For a polar bear received as an inheritance, documentation to 
show that you are the legal heir of the decedent who took the trophy;
    (4) Proof that you or the decedent legally harvested the polar bear 
in Canada as shown by one of the following:
    (i) A copy of the Northwest Territories (NWT) or Nunavut Territory 
hunting license and tag number;
    (ii) A copy of the Canadian CITES export permit that identifies the 
polar bear by hunting license and tag number;
    (iii) A copy of the NWT or Nunavut Territory export permit; or
    (iv) A certification from the Department of Resources, Wildlife, and 
Economic Development, Northwest Territories, or the Department of 
Sustainable Development, Nunavut Territory, that you or the decedent 
legally harvested the polar bear, giving the tag number, location 
(settlement and population), and season you or the decedent took the 
bear;
    (5) An itemized description of the polar bear parts you wish to 
import, including size and the sex of the polar bear;
    (6) The month and year the polar bear was sport hunted;
    (7) The location (nearest settlement or community) where the bear 
was sport hunted;
    (8) For a female bear or a bear of unknown sex that was taken before 
January 1, 1986, documentary evidence that the bear was not pregnant at 
the time of take, including, but not limited to, documentation, such as 
a hunting license or travel itinerary, that shows the bear was not taken 
in October, November, or December or that shows that the location of the 
hunt did not include an area that supported maternity dens; and
    (9) For a female bear, bear of unknown sex, or male bear that is 
less than 6 feet in length (from tip of nose to the base of the tail) 
that was taken prior to the 1996/97 NWT polar bear harvest season, 
available documentation to show that the bear was not nursing, 
including, but not limited to, documentation, such as a certification 
from

[[Page 18]]

the NWT, that the bear was not taken while part of a family group.
    (b) Definitions. In addition to the definitions in this paragraph, 
the definitions in 50 CFR 10.12, 18.3, and 23.3 apply to this section.
    (1) Sport-hunted trophy means a mount, rug or other display item 
composed of the hide, hair, skull, teeth, baculum, bones, and claws of 
the specimen which was taken by the applicant or decedent during a sport 
hunt for personal, noncommercial use and does not include any internal 
organ of the animal, including the gall bladder. Articles made from the 
specimen, such as finished or unfinished, worked, manufactured, or 
handicraft items for use as clothing, curio, ornamentation, jewelry, or 
as a utilitarian item are not considered trophy items.
    (2) Management agreement means a written agreement between parties 
that share management responsibilities for a polar bear population which 
describes what portion of the harvestable quota will be allocated to 
each party and other measures which may be taken for the conservation of 
the population, such as harvest seasons, sex ratio of the harvest, and 
protection of females and cubs.
    (c) Procedures for issuance of permits and modification, suspension 
or revocation of permits. We, the Service, shall suspend, modify or 
revoke permits issued under this section:
    (1) In accordance with regulations contained in Sec. 18.33; and
    (2) If, in consultation with the appropriate authority in Canada, we 
determine that the sustainability of Canada's polar bear populations is 
being adversely affected or that sport hunting may be having a 
detrimental effect on maintaining polar bear populations throughout 
their range.
    (d) Issuance criteria. In deciding whether to issue an import permit 
for a sport-hunted trophy, we must determine in addition to the general 
criteria in part 13 of this subchapter whether:
    (1) You previously imported the specimen into the United States 
without a permit;
    (2) The specimen meets the definition of a sport-hunted trophy in 
paragraph (b) of this section;
    (3) You legally harvested the polar bear in Canada;
    (4) Canada has a monitored and enforced sport-hunting program 
consistent with the purposes of the 1973 International Agreement on the 
Conservation of Polar Bears;
    (5) Canada has a sport-hunting program, based on scientifically 
sound quotas, ensuring the maintenance of the affected population at a 
sustainable level; and
    (6) The export and subsequent import:
    (i) Are consistent with the provisions of the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES) and other international agreements and conventions; and
    (ii) Are not likely to contribute to illegal trade in bear parts, 
including for bears taken after April 30, 1994, that the gall bladder 
and its contents were destroyed.
    (e) Additional permit conditions. Your permit to import a sport-
hunted trophy of a polar bear taken in Canada is subject to the permit 
conditions outlined in Sec. 18.31(d) and the following additional 
permit conditions:
    (1) You, the permittee, may not import internal organs of the polar 
bear, including the gall bladder;
    (2) After import you may not alter or use the trophy in a manner 
inconsistent with the definition of a sport-hunted polar bear trophy as 
given in Sec. 18.30(b);
    (3) You may not import a sport-hunted trophy if the polar bear at 
the time you or the decedent took it was:
    (i) A nursing bear or a female with nursing young (i.e., part of a 
family group);
    (ii) A pregnant female; or
    (iii) A bear moving into a den or in a den;
    (4) You must present to Service personnel at the time of import a 
valid CITES document from the country of export or re-export;
    (5) You must comply with the following import procedures:
    (i) Import the sport-hunted trophy through a designated port for 
wildlife imports (see Sec. 14.12 of this subchapter) during regular 
business hours, except for full mount trophies that have been

[[Page 19]]

granted an exception to designated port permit requirements under Sec. 
14.32 of this subchapter;
    (ii) Not send the trophy through the international mail; and
    (iii) Notify Service personnel at the port at least 48 hours before 
the import (see Sec. 14.54 of this subchapter) and make arrangements 
for Service personnel to affix a tag in accordance with paragraph (e)(7) 
of this section prior to being cleared (see Sec. 14.52 of this 
subchapter);
    (6) You must import all parts of a single trophy at the same time;
    (7) The following tagging/marking procedures apply:
    (i) Service personnel must affix a permanently locking tag that 
contains a unique serial number and the common name ``polar bear'' to 
the hide which must remain fixed indefinitely to the hide as proof of 
legal import; and
    (ii) Service personnel must permanently mark upon import the parts 
of the trophy other than the hide, such as the skull and bones, with the 
hide tag number; and
    (8) If the tag comes off the hide, you must within 30 days:
    (i) Contact the nearest Service office at a designated port or a Law 
Enforcement office as given in Sec. 10.22 of this subchapter to 
schedule a time to present the trophy for retagging;
    (ii) Provide as proof that the trophy had been tagged and legally 
imported a copy of the:
    (A) Canceled CITES export permit or re-export certificate;
    (B) Canceled U.S. import permit issued under this section; or
    (C) Cleared wildlife declaration form (3-177); and
    (iii) Present either the broken tag, or if the tag was lost, a 
signed written explanation of how and when the tag was lost.
    (f) Duration of permits. The permit will be valid for no more than 
one year from the date of issuance.
    (g) Fees. (1) You must pay the standard permit processing fee as 
given in Sec. 13.11(4) when filing an application.
    (2) You must pay the issuance fee of $1,000 when we notify you the 
application is approved. We cannot issue an import permit until you pay 
this fee. We will use the issuance fee to develop and implement 
cooperative research and management programs for the conservation of 
polar bears in Alaska and Russia under section 113(d) of the Marine 
Mammal Protection Act.
    (h) Scientific review. (1) We will undertake a scientific review of 
the impact of permits issued under this section on the polar bear 
populations in Canada within 2 years of March 20, 1997.
    (i) The review will provide an opportunity for public comment and 
include a response to the public comment in the final report; and
    (ii) We will not issue permits under this section if we determine, 
based upon scientific review, that the issuance of permits under this 
section is having a significant adverse impact on the polar bear 
populations in Canada; and
    (2) After the initial review, we may review whether the issuance of 
permits under this section is having a significant adverse impact on the 
polar bear populations in Canada annually in light of the best 
scientific information available. The review must be completed no later 
than January 31 in any year a review is undertaken.
    (i) Findings. Polar bear sport-hunted trophies may only be imported 
after issuance of an import permit, and in accordance with the following 
findings and conditions:
    (1) We have determined that the Northwest Territories and Nunavut 
Territory, Canada, have a monitored and enforced sport-hunting program 
that meets issuance criteria of paragraphs (d) (4) and (5) of this 
section for the following populations: Southern Beaufort Sea, Northern 
Beaufort Sea, Viscount Melville Sound (subject to the lifting of the 
moratorium in this population), Western Hudson Bay, M'Clintock Channel 
(only for polar bears lawfully taken on or before May 31, 2000), 
Lancaster Sound, and Norwegian Bay, and that:
    (i) For the Southern Beaufort Sea population, no bears are taken 
west of the equidistant line of the Beaufort Sea;
    (ii) For all populations, females with cubs, cubs, or polar bears 
moving into denning areas or already in dens are protected from taking 
by hunting activities; and

[[Page 20]]

    (iii) For all populations, management agreements among all 
management entities with scientifically sound quotas are in place; and
    (2) Any sport-hunted trophy taken in the Northwest Territories, 
Canada, between December 21, 1972, and April 30, 1994, may be issued an 
import permit when:
    (i) From an approved population listed in paragraph (i)(1); and
    (ii) The issuance criteria of paragraph (d) (1), (2), (3), and (6) 
of this section are met.

[62 FR 7329, Feb. 18, 1997, as amended at 64 FR 1539, Jan. 11, 1999; 66 
FR 1907, Jan. 10, 2001; 66 FR 50851, Oct. 5, 2001]



Sec. 18.31  Scientific research permits and public display permits.

    The Director may, upon receipt of an application and in accordance 
with the issuance criteria of this section, issue a permit authorizing 
the taking and importation of marine mammals for scientific research 
purposes or for public display.
    (a) Application procedure. Applications for permits to take and 
import marine mammals for scientific research purposes or for public 
display shall be submitted to the Director. Each such application must 
contain the general information and certification required by Sec. 
13.12(a) of this subchapter plus the following additional information:
    (1) A statement of the purpose, date, location and manner of the 
taking or importation;
    (2) A description of the marine mammal or the marine mammal products 
to be taken or imported, including the species or subspecies involved; 
the population stock, when known, the number of specimens or products 
(or the weight thereof, where appropriate); and the anticipated age, 
size, sex, and condition (i.e., whether pregnant or nursing) of the 
animals involved;
    (3) If the marine mammal is to be taken and transported alive, a 
complete description of the manner of transportation, care and 
maintenance, including the type, size, and construction of the container 
or artificial environment; arrangements for feeding and sanitation; a 
statement of the applicant's qualifications and previous experience in 
caring for and handling captive marine mammals and a like statement as 
to the qualifications of any common carrier or agent to be employed to 
transport the animal; and a written certification of a licensed 
veterinarian knowledgeable in the field of marine mammals that he has 
personally reviewed the arrangements for transporting and maintaining 
the animals and that in his opinion they are adequate to provide for the 
well-being of the animal;
    (4) If the application is for a scientific research permit, a 
detailed description of the scientific research project or program in 
which the marine mammal or marine mammal product is to be used including 
a copy of the research proposal relating to such program or project and 
the names and addresses of the sponsor or cooperating institution and 
the scientists involved;
    (5) If the application is for a scientific research permit, and if 
the marine mammal proposed to be taken or imported is listed as an 
endangered or threatened species or has been designated by the Secretary 
as depleted, a detailed justification of the need for such a marine 
mammal, including a discussion of possible alternatives, whether or not 
under the control of the applicant; and
    (6) If the application is for a public display permit, a detailed 
description of the proposed use to which the marine mammal or marine 
mammal product is to be put, including the manner, location, and times 
of display, whether such display is for profit, an estimate of the 
numbers and types of persons who it is anticipated will benefit for such 
display, and whether and to what extent the display is connected with 
educational or scientific programs. There shall also be included a 
complete description of the enterprise seeking the display permit and 
its educational, and scientific qualifications, if any.
    (b) Review by Marine Mammal Commission. Upon receipt of an 
application the Director shall forward the application to the Marine 
Mammal Commission together with a request for the recommendations of the 
Commission and the Committee of Scientific Advisors on Marine Mammals. 
In order to comply with the time limits provided in

[[Page 21]]

these regulations, the Director shall request that such recommendation 
be submitted within 30 days of receipt of the application by the 
Commission. If the Commission or the Committee, as the case may be, does 
not respond within 30 days from the receipt of such application by the 
Commission, the Director shall advise the Commission in writing that 
failure to respond within 45 days from original receipt of the 
application (or such longer time as the Director may establish) shall be 
considered as a recommendation from the Commission and the Committee 
that the permit be issued. The Director may also consult with any other 
person, institution or agency concerning the application.
    (c) Issuance criteria. Permits applied for under this section shall 
be issued, suspended, modified and revoked pursuant to regulations 
contained in Sec. 18.33. In determining whether to issue a scientific 
research permit, the Director shall consider whether the proposed taking 
or importation will be consistent with the policies and purposes of the 
Act; and whether the granting of the permit is required to further a 
bona fide and necessary or desirable scientific purpose, taking into 
account the benefits anticipated to be derived from the scientific 
research contemplated and the effect of the purposed taking or 
importation on the population stock and the marine ecosystem. In 
determining whether to issue a public display permit, the Director shall 
consider whether the proposed taking or importation will be consistent 
with the policies and purposes of the Act; whether a substantial public 
benefit will be gained from the display contemplated, taking into 
account the manner of the display and the anticipated audience on the 
one hand, and the effect of the proposed taking or importation on the 
population stocks of the marine mammal in question and the marine 
ecosystem on the other; and the applicant's qualifications for the 
proper care and maintenance of the marine mammal or the marine mammal 
product, and the adequacy of his facilities.
    (d) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, permits issued 
under this section shall be subject to the following conditions:
    (1) Any permit issued under these regulations must be in the 
possession of the person to whom it is issued (or an agent of such 
person) during:
    (i) The time of the authorized taking or importation;
    (ii) The period of any transit of such person or agent which is 
incidental to such taking or importation; and
    (iii) Any other time while any marine mammal taken or imported under 
such permit is in the possession of such person or agent.
    (2) A duplicate copy of the issued permit must be physically 
attached to the container, package, enclosure, or other means of 
containment, in which the marine mammal is placed for purposes of 
storage, transit, supervision, or care.
    (e) Tenure of permits. The tenure of permits for scientific research 
or public display shall be designated on the face of the permit.



Sec. 18.32  Waiver of the moratorium.

    See subpart F (Waiver of the moratorium; State laws and regulations) 
and subpart G (Notice and Hearing on section 103 Regulations) for 
procedures regarding waivers of the moratorium in those circumstances 
where a state provides an acceptable management program for a species or 
population stock within its jurisdiction.

[40 FR 59442, Dec. 24, 1975]



Sec. 18.33  Procedures for issuance of permits and modification, suspension, or revocation thereof.

    (a) Whenever application for a permit is received by the director 
which the director deems sufficient, he shall, as soon as practicable, 
publish a notice thereof in the Federal Register. Such notice shall set 
forth a summary of the information contained in such application. Any 
interested party may, within 30 days after the date of publication of 
such notice, submit to the director his written data or views with 
respect to the taking or importation proposed in such application and 
may request a hearing in connection with the action to be taken thereon.
    (b) If the request for a hearing is made within the 30-day period 
referred to in paragraph (a) of this section, or if

[[Page 22]]

the director determines that a hearing would otherwise be advisable, the 
director may, within 60 days after the date of publication of the notice 
referred to in paragraph (a) of this section, afford to such requesting 
party or parties an opportunity for a hearing. Such hearing shall also 
be open to participation by any interested members of the public. Notice 
of the date, time, and place of such hearing shall be published in the 
Federal Register not less than 15 days in advance of such hearing. Any 
interested person may appear in person or through representatives at the 
hearing and may submit any relevant material, data, views, comments, 
arguments, or exhibits. A summary record of the hearing shall be kept.
    (c) As soon as practicable but not later than 30 days after the 
close of the hearing (or if no hearing is held, as soon as practicable 
after the end of the 30 days succeeding publication of the notice 
referred to in paragraph (a) of this section the director shall issue or 
deny issuance of the permit. Notice of the decision of the director 
shall be published in the Federal Register within 10 days after the date 
of such issuance or denial. Such notice shall include the date of the 
issuance or denial and indicate where copies of the permit, if issued, 
may be obtained.
    (d) Any permit shall be subject to modification, suspension, or 
revocation by the director in whole or in part in accordance with these 
regulations and the terms of such permits. The permittee shall be given 
written notice by registered mail, return receipt requested, of any 
proposed modification, suspension, or revocation. Such notice shall 
specify:
    (1) The action proposed to be taken along with a summary of the 
reasons therefor;
    (2) In accordance with 5 U.S.C. 558, the steps which the permittee 
may take to demonstrate or achieve compliance with all lawful 
requirements; and
    (3) That the permittee is entitled to a hearing thereon if a written 
request for such a hearing is received by the Director within 10 days 
after receipt of the aforesaid notice or such other later date as may be 
specified in the notice to the permittee. The time and place of the 
hearing, if requested by the permittee, shall be determined by the 
director and a written notice thereof given to the permittee by 
registered mail, return receipt requested, not less than 15 days prior 
to the date of hearing specified. The director may, in his discretion, 
allow participation at the hearing by interested members of the public. 
The permittee and other parties participating may submit all relevant 
material, data, views, comments, arguments, and exhibits at the hearing. 
A summary record shall be kept of any such hearing.
    (e) The Director shall make a decision regarding the proposed 
modification, suspension, or revocation, as soon as practicable after 
the close of the hearing, or if no hearing is held, as soon as 
practicable after the close of the 10 day period during which a hearing 
could have been requested. Notice of the modification, suspension, or 
revocation shall be published in the Federal Register within 10 days 
from the date of the Director's decision. In no event shall the proposed 
action take effect until notice of the Director's decision is published 
in the Federal Register.

Subpart E--Depleted Species or Stocks [Reserved]



          Subpart F_Transfer of Management Authority to States

    Note: Regulations governing the transfer of management authority to 
States pursuant to section 109 of the Marine Mammal Protection Act for 
marine mammal species under the jurisdiction of the Secretary of the 
Interior are found at part 403 of this title.

[48 FR 22456, May 18, 1983]



         Subpart G_Notice and Hearing on Section 103 Regulations

    Source: 41 FR 5396, Feb. 6, 1976, unless otherwise noted.



Sec. 18.70  Basis and purpose.

    (a) Sections 101(a)(2), 101(a)(3)(A), and 101(b) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2), 1371(a)(3)(A), and 
1371(b)) and these regulations authorize the Director, U.S.

[[Page 23]]

Fish and Wildlife Service, to: (1) Impose regulations governing the 
taking of marine mammals incidental to commercial fishing operations; 
(2) waive the moratorium and adopt regulations with respect to the 
taking and importing of animals from each species of marine mammals 
under his jurisdiction; and (3) prescribe regulations governing the 
taking of depleted marine mammals by any Indian, Aleut or Eskimo, 
respectively. In prescribing regulations to carry out the provisions of 
said sections, the act refers the Director to section 103 (16 U.S.C. 
1373). In accordance with section 103(d), regulations must be made on 
the record after opportunity for an agency hearing on such regulations 
and, in the case of a waiver, on the determination by the Director to 
waive the moratorium pursuant to section 101(a)(3)(A) (16 U.S.C. 
1371(a)(3)(A)).
    (b) [Reserved]



Sec. 18.71  Definitions.

    Definitions shall be the same as in subpart A of this part except as 
follows:
    (a) Party means for the purposes of this subpart:
    (1) The Director or his representative; or
    (2) A person who has notified the Director by specified dates of his 
or her intent to participate in the hearing pursuant to Sec. Sec. 18.75 
and 18.84(b).
    (b) Presiding officer means, for the purposes of this subpart, an 
administrative law judge of the Office of Hearings and Appeals appointed 
in accordance with 5 U.S.C. 3105.
    (c) Witness means, for the purposes of this subpart, any person who 
provides direct testimony on the proposed regulations and waiver. A 
person may be both a party and a witness.



Sec. 18.72  Scope of regulations.

    The procedural regulations in this subpart govern the practice and 
procedure in hearings held under section 103(d) of the Act. These 
hearings will be governed by the provisions of sections 556 and 557 of 
the Administrative Procedure Act (5 U.S.C. 556 and 557). The regulations 
shall be construed to secure the just, speedy, and inexpensive 
determination of all issues raised with respect to any waiver and/or 
regulation proposed pursuant to section 103(d) of the act in a manner 
which gives full protection to the rights of all persons affected 
thereby.



Sec. 18.73  Burden of proof.

    The proponents of the proposed regulations and waiver must 
demonstrate that any taking or importation of any marine mammal under 
such proposed regulations and waiver would be consistent with the act.



Sec. 18.74  Notice of hearing.

    (a) A notice of hearing on any proposed regulations shall be 
published in the Federal Register, together with the Director's proposed 
determination to waive the moratorium pursuant to section 101(a)(3)(A) 
(16 U.S.C. 1371(a)(3)(A)), where applicable.
    (b) The notice shall state:
    (1) The nature of the hearing;
    (2) The place and date of the hearing. The date shall not be less 
than 60 days after publication of notice of the hearing;
    (3) The legal authority under which the hearing is to be held;
    (4) The proposed regulations and waiver, where applicable, and a 
summary of the statements required by section 103(d) of the Act (16 
U.S.C. 1373(d));
    (5) Issues of fact which may be involved in the hearing;
    (6) If an Environmental Impact Statement is required, the date of 
publication of the Statement and the times and place(s) where the 
Statement and comments thereon may be viewed and copied;
    (7) Any written advice received from the Marine Mammal Commission;
    (8) The times and place(s) where records and submitted direct 
testimony will be kept for public inspection, along with appropriate 
references to any other documents;
    (9) The final date for filing with the Director a notice of intent 
to participate in the hearing pursuant to Sec. 18.75;
    (10) The final date for submission of direct testimony on the 
proposed regulations and waiver, if applicable, and the number of copies 
required;

[[Page 24]]

    (11) The docket number assigned to the case which shall be used in 
all subsequent proceedings; and
    (12) The place and date of the prehearing conference.



Sec. 18.75  Notification by interested persons.

    Any person desiring to participate as a party shall notify the 
Director, by certified mail, on or before the date specified in the 
notice of hearing.



Sec. 18.76  Presiding officer.

    (a) Upon publication of the notice of hearing pursuant to Sec. 
18.74, the Office of Hearings and Appeals shall appoint a presiding 
officer pursuant to 5 U.S.C. 3105. No individual who has any conflict of 
interest, financial or otherwise, shall serve as presiding officer in 
such proceeding.
    (b) The presiding officer, in any proceeding under this subpart, 
shall have power to:
    (1) Change the time and place of the hearing and adjourn the 
hearing;
    (2) Evaluate direct testimony submitted pursuant to these 
regulations, make a preliminary determination of the issues, conduct a 
prehearing conference to determine the issues for the hearing agenda, 
and cause to be published in the Federal Register a final hearing 
agenda;
    (3) Rule upon motions, requests and admissibility of direct 
testimony;
    (4) Administer oaths and affirmations, question witnesses and direct 
witnesses to testify;
    (5) Modify or waive any rule (after notice) when determining no 
party will be prejudiced;
    (6) Receive written comments and hear oral arguments;
    (7) Render a recommended decision; and
    (8) Do all acts and take all measures, including regulation of media 
coverage, for the maintenance of order at and the efficient conduct of 
the proceeding.
    (c) In case of the absence of the original presiding officer or his 
inability to act, the powers and duties to be performed by the original 
presiding officer under this part in connection with a proceeding may, 
without abatement of the proceeding, be assigned to any other presiding 
officer by the Office of Hearings and Appeals unless otherwise ordered 
by the Director.
    (d) The presiding officer shall withdraw from the proceeding upon 
his own motion or upon the filing of a motion by a party under Sec. 
18.76(e) if he deems himself disqualified under recognized canons of 
judicial ethics.
    (e) A presiding officer may be requested to withdraw at any time 
prior to the recommended decision. If there is filed by a party in good 
faith a timely and sufficient affidavit alleging the presiding officer's 
personal bias, malice, conflict of interest or other basis which might 
result in prejudice to a party, the hearing shall recess. The Director 
of the Office of Hearings and Appeals shall immediately determine the 
matter as a part of the record and decision in the proceeding, after 
making such investigation or holding such hearings, or both, as he may 
deem appropriate in the circumstances.



Sec. 18.77  Direct testimony submitted as written documents.

    (a) Unless otherwise specified, all direct testimony, including 
accompanying exhibits, must be submitted to the presiding officer in 
writing no later than the dates specified in the notice of the hearing 
(Sec. 18.74), the prehearing order (Sec. 18.82), or within 15 days 
after the conclusion of the prehearing conference (Sec. 18.84) as the 
case may be. All direct testimony, referred to in the affidavit and made 
a part thereof, must be attached to the affidavit. Direct testimony 
submitted with exhibits must state the issue to which the exhibit 
relates; if no such statement is made, the presiding officer shall 
determine the relevance of the exhibit to the issues published in the 
Federal Register.
    (b) The direct testimony submitted shall contain:
    (1) A concise statement of the witness' interest in the proceeding 
and his position regarding the issues presented. If the direct testimony 
is presented by a witness who is not a party, the witness shall state 
his relationship to the party; and
    (2) Facts that are relevant and material.
    (c) The direct testimony may propose issues of fact not defined in 
the notice

[[Page 25]]

of the hearing and the reason(s) why such issues should be considered at 
the hearing.
    (d) Ten copies of all direct testimony must be submitted unless the 
notice of the hearing otherwise specifies.
    (e) Upon receipt, direct testimony shall be assigned a number and 
stamped with that number and the docket number.
    (f) Contemporaneous with the publication of the notice of hearing, 
the Director's direct testimony in support of the proposed regulations 
and waiver, where applicable, shall be available for public inspection 
as specified in the notice of hearing. The Director may submit 
additional direct testimony during the time periods allowed for 
submission of such testimony by witnesses.



Sec. 18.78  Mailing address.

    Unless otherwise specified in the notice of hearing, all direct 
testimony shall be addressed to the Presiding Officer, c/o Director, 
U.S. Fish and Wildlife Service, Washington, DC 20240. All affidavits and 
exhibits shall be clearly marked with the docket number of the 
proceedings.



Sec. 18.79  Inspection and copying of documents.

    Any document in a file pertaining to any hearing authorized by this 
subpart or any document forming part of the record of such a hearing may 
be inspected and/or copied in the Office of the Director, U.S. Fish and 
Wildlife Service, Washington, DC 20240, unless the file is in the care 
and custody of the presiding officer, in which case he shall notify the 
parties as to where and when the record may be inspected.



Sec. 18.80  Ex parte communications.

    (a) After notice of a hearing is published in the Federal Register, 
all communications, whether oral or written, involving any substantive 
or procedural issue and directed either to the presiding officer or to 
the Director, Deputy Director or Marine Mammal Coordinator, U.S. Fish 
and Wildlife Service, without reference to these rules of procedure, 
shall be deemed ex parte communications and are not to be considered 
part of the record for decision.
    (b) A record of oral conversations shall be made by the above 
persons who are contacted. All communications shall be available for 
public viewing at times and place(s) specified in the notice of hearing.
    (c) The presiding officer shall not communicate with any party on 
any fact in issue or on the merits of the matter unless notice and 
opportunity is given for all parties to participate.



Sec. 18.81  Prehearing conference.

    (a) After an examination of all the direct testimony submitted 
pursuant to Sec. 18.77, the presiding officer shall make a preliminary 
determination of issues of fact which may be addressed at the hearing.
    (b) The presiding officer's preliminary determination shall be made 
available at the place or places provided in the notice of the hearing 
(Sec. 18.74(b)(8)) at least five days before the prehearing conference 
is held.
    (c) The purpose of the prehearing conference shall be to enable the 
presiding officer to determine, on the basis of the direct testimony 
submitted and prehearing discussions:
    (1) Whether the presiding officer's preliminary determination of 
issues of fact for the hearing has omitted any significant issues;
    (2) What facts are not in dispute;
    (3) Which witnesses may appear at the hearing; and
    (4) The nature of the interest of each party and which parties' 
interests are adverse.
    (d) Only parties may participate in the prehearing conference, and a 
party may appear in person or be represented by counsel.



Sec. 18.82  Prehearing order.

    (a) After the prehearing conference, the presiding officer shall 
prepare a prehearing order which shall be published in the Federal 
Register within ten days after the conclusion of the conference. A copy 
of the prehearing order shall be mailed to all Parties.
    (b) The prehearing order shall list: (1) All the issues which the 
hearing shall address, the order in which those issues shall be 
presented, and the direct testimony submitted which bears on the

[[Page 26]]

issues; and (2) a final date for submission of direct testimony on 
issues of fact not included in the notice of hearing if such issues are 
presented. The prehearing order may also specify a final date for 
submission of direct testimony to rebut testimony previously submitted 
during the time specified in the notice of the hearing.
    (c) The presiding officer shall publish with the prehearing order a 
list of witnesses who may appear at the hearing, a list of parties, the 
nature of the interest of each party, and which parties interests are 
adverse on the issues presented.
    (d) All parties shall be bound by the prehearing order.



Sec. 18.83  Determination to cancel the hearing.

    (a) If the presiding officer determines that no issues of material 
fact are presented by the direct testimony submitted prior to the date 
of the hearing, he may publish in the Federal Register such 
determination and that on issues of material fact a hearing shall not be 
held. The presiding officer may provide an opportunity for argument on 
any issues of law presented by the direct testimony.
    (b) Promptly after oral argument, if any, the presiding officer 
shall make a recommended decision based on the record, which in this 
case shall consist of the direct testimony and any oral argument 
presented. He shall transmit to the Director his recommended decision, 
the record and a certificate stating that the record contains all the 
written direct testimony. The Director shall then make a final decision 
in accordance with these regulations (Sec. 18.91).



Sec. 18.84  Rebuttal testimony and new issues of fact in prehearing order.

    (a) Direct testimony to rebut testimony offered during the time 
period specified in the notice of hearing may be submitted pursuant to 
these regulations within fifteen days after the conclusion of the 
prehearing conference unless the presiding officer otherwise specifies 
in the prehearing order.
    (b) If the prehearing order presents issues not included in the 
notice of the hearing published pursuant to Sec. 18.74:
    (1) Any person interested in participating at the hearing on such 
issues presented shall notify the Director by certified mail of an 
intent to participate not later than ten days after publication of the 
prehearing order. Such person may present direct testimony or cross-
examine witnesses only on such issues presented unless he previously 
notified the Director pursuant to Sec. 18.75; and
    (2) Additional written direct testimony concerning such issues may 
be submitted within the time provided in the prehearing order. Such 
direct testimony will comply with the requirements of Sec. 18.77.



Sec. 18.85  Waiver of right to participate.

    Any person who fails to notify the Director of his intent to 
participate pursuant to Sec. 18.75 or Sec. 18.84 shall be deemed to 
have waived his right to participate as a party.



Sec. 18.86  Conduct of the hearing.

    (a) The hearing shall be held at the time and place fixed in the 
notice of hearing, unless the presiding officer changes the time or 
place. If a change occurs, the presiding officer shall publish the 
change in the Federal Register and shall expeditiously notify all 
parties by telephone or by mail. If the change in time or place of 
hearing is made less than five days before the date previously fixed for 
the hearing, the presiding officer shall also announce, or cause to be 
announced, the change at the time and place previously fixed for the 
hearing.
    (b) The presiding officer shall, at the commencement of the hearing, 
introduce into the record the notice of hearing as published in the 
Federal Register, all subsequent notices published in the Federal 
Register, the Environmental Impact Statement if it is required and the 
comments thereon and agency responses to the comments, and a list of all 
parties. Direct testimony shall then be received with respect to the 
matters specified in the prehearing order in such order as the presiding 
officer shall announce. With respect to direct testimony submitted as 
rebuttal testimony or in response to new issues

[[Page 27]]

presented by the prehearing conference, the presiding officer shall 
determine the relevancy of such testimony.
    (c) The hearing shall be publicly conducted and reported verbatim by 
an official reporter.
    (d) If a party objects to the admission or rejection of any direct 
testimony or to any other ruling of the presiding officer during the 
hearing, he shall state briefly the grounds of such objection, whereupon 
an automatic exception will follow if the objection is overruled by the 
presiding officer. The transcript shall not include argument or debate 
thereon except as ordered by the presiding officer. The ruling of the 
presiding officer on any objection shall be a part of the transcript and 
shall be subject to review at the same time and in the same manner as 
the Director's final decision. Only objections made before the presiding 
officer may subsequently be relied upon in the proceedings.
    (e) All motions and requests shall be addressed to, and ruled on by, 
the presiding officer if made prior to his certification of the 
transcript, or by the Director if made thereafter.



Sec. 18.87  Direct testimony.

    (a) Only direct testimony submitted as provided in these regulations 
and introduced at the hearing by a witness shall be considered part of 
the record. Such direct testimony, when written, shall not be read into 
evidence but shall become a part of the record subject to exclusion of 
irrelevant and immaterial parts thereof.
    (b) The witness introducing direct testimony shall:
    (1) State his name, address and occupation;
    (2) State qualifications for introducing the direct testimony. If an 
expert, the witness shall briefly state the scientific or technical 
training which qualifies him as an expert;
    (3) Identify the direct testimony previously submitted in accordance 
with these regulations; and
    (4) Submit to appropriate cross- and direct-examination. Cross-
examination shall be by a party whose interests are adverse on the issue 
presented to the witness if the witness is a party, or to the interests 
of the party who presented the witness.
    (c) A party shall be deemed to have waived the right to introduce 
direct-testimony if such party fails to present a witness to introduce 
the direct-testimony.
    (d) Official notice may be taken of such matters as are judicially 
noticed by the courts of the United States. Parties shall be given 
adequate notice, by the presiding officer, at the hearing, of matters so 
noticed and shall be given adequate opportunity to show that such facts 
are inaccurate or are erroneously noticed.



Sec. 18.88  Cross-examination.

    (a) The presiding officer may:
    (1) Require the cross-examiner to outline the intended scope of the 
examination; and
    (2) Exclude cross-examination questions that are immaterial, 
irrelevant or unduly repetitious.
    (b) Any party shall be given an opportunity to appear, either in 
person or through an authorized counsel or representative, to cross-
examine witnesses. Before cross-examining a witness, the party or 
counsel shall state his name, address and occupation. If counsel cross-
examines the witness, counsel shall state for the record the authority 
to act as counsel. Cross-examiners shall be assumed to be familiar with 
the direct testimony.
    (c) Any party or party's counsel who fails to appear at the hearing 
to cross-examine an ``adverse'' witness shall be deemed to have waived 
the right to cross-examine that witness.
    (d) Scientific, technical or commercial publications may only be 
utilized for the limited purposes of impeaching witnesses under cross-
examination unless previously submitted and introduced in accordance 
with these regulations.



Sec. 18.89  Oral and written arguments.

    (a) The presiding officer may, in his discretion, provide for oral 
argument by parties at the end of the hearing. Such argument, when 
permitted, may be limited by the presiding officer to the extent 
necessary for the expeditious disposition of the proceeding.

[[Page 28]]

    (b) The presiding officer shall announce at the hearing a reasonable 
period of time within which any party may file with the presiding 
officer proposed findings and conclusions and written arguments or 
briefs, which are based upon the record and citing where practicable the 
relevant page or pages of the transcript. If a party filing a brief 
desires the presiding officer to reconsider any objection made by such 
party to a ruling of the presiding officer, he shall specifically 
identify such rulings by reference to the pertinent pages of the 
transcript and shall state his arguments thereon as a part of the brief.
    (c) Oral or written arguments shall be limited to issues arising 
from direct testimony on the record.



Sec. 18.90  Recommended decision, certification of the transcript and submission of comments on the recommended decision.

    (a) Promptly after expiration of the period for receiving written 
briefs, the presiding officer shall make a recommended decision based on 
the record and transmit the decision to the Director. The recommended 
decision shall include:
    (1) A statement containing a description of the history of the 
proceedings;
    (2) Findings on the issues of fact with the reasons therefor; and
    (3) Rulings on issues of law.
    (b) The presiding officer shall also transmit to the Director the 
transcript of the hearing, the original and all copies of the direct 
testimony, and written comments. The presiding officer shall attach to 
the original transcript of the hearing a certificate stating that to the 
best of his knowledge and belief the transcript is a true transcript of 
the testimony given at the hearing except in such particulars as are 
specified.
    (c) Upon receipt of the recommended decision, the Director shall 
send a copy thereof to each party by certified mail and shall publish in 
the Federal Register a notice of the receipt of the recommended decision 
by the Director. The notice shall include:
    (1) A summary of the recommended decision;
    (2) A statement that any interested person may file written comments 
on the recommended decision with the Director by a specified date;
    (3) The time(s) and place(s) where the record of the hearing 
transmitted to the Director pursuant to paragraph (b) of this section 
may be inspected by interested persons; and
    (4) The time(s) and place(s) where the recommended decision may be 
inspected and/or copied by interested persons.
    (d) Within thirty days after the notice of receipt of the 
recommended decision has been published in the Federal Register, any 
interested person may file with the Director any written comments on the 
recommended decision. All comments, including recommendations from or 
consultation with the Marine Mammal Commission, must be submitted during 
the thirty-day period to the Director at the above address.



Sec. 18.91  Director's decision.

    (a) Upon receipt of the recommended decision and transcript and 
after the thirty-day period for receiving written comments on the 
recommended decision has passed, the Director shall make a final 
decision on the proposed regulations and waiver, where applicable. The 
Director's decision may affirm, modify, or set aside, in whole or in 
part, the recommended findings, conclusions and decision of the 
presiding officer. The Director may also remand the hearing record to 
the presiding officer for a fuller development of the record.
    (b) The Director's decision shall include:
    (1) A statement containing a description of the history of the 
proceeding;
    (2) Findings on the issues of fact with the reasons therefor;
    (3) Rulings on issues of law; and
    (4) Any other relevant information which the Director deems 
appropriate.
    (c) The Director's decision shall be published in the Federal 
Register. If the waiver is approved, the final adopted regulations shall 
be promulgated with the decision, or as soon thereafter as practicable.

[[Page 29]]



 Subpart H_Waiver of Moratorium on Taking and Importation of Individual 
                          Marine Mammal Species

    Source: 41 FR 14373, Apr. 5, 1976, unless otherwise noted.



Sec. 18.92  Purpose of regulations.

    The regulations contained in this subpart fulfill the requirements 
of section 103 of the Act for regulations to govern the taking and 
importation of each species of marine mammal for which the moratorium 
imposed by section 101 has been waived.



Sec. 18.93  Scope of regulations.

    (a) The provisions in this subpart apply only after (1) the Director 
has made a decision to waive a moratorium pursuant to section 
101(a)(3)(A) of the Act, (2) the opportunity for a hearing required by 
section 103(d) of the Act has been provided, and (3) the Director has 
made a determination, in the case of State laws and regulations, to 
approve such State laws and regulations pursuant to section 109(a)(2) of 
the Act and subpart F of this part.
    (b) The provisions of this subpart, unless specifically stated, 
apply to all taking and/or importation of each species of marine mammal 
for which the moratorium has been waived other than takings for 
scientific research or public display, which are governed by Sec. 18.31 
of this part, or takings incidental to commercial fishing operations 
which are governed by Sec. 18.24.



Sec. 18.94  Pacific walrus (Alaska).

    (a) Pursuant to sections 101(a)(3)(A) 103, and 109 of the Marine 
Mammal Protection Act of 1972, the moratorium on the hunting and killing 
of Pacific walrus (Odobenus rosmarus) in waters or on lands subject to 
the jurisdiction of the State of Alaska, the United States, or on the 
high seas by any person, vessel, or conveyance subject to the 
jurisdiction of the State of Alaska or the United States, is waived, 
provided that beginning August 2, 1979 this waiver shall not be 
effective, and no taking or importation under the waiver shall be 
allowed, until this section is amended to establish regulations to 
effectively control taking and otherwise implement the waiver.
    (b) [Reserved]

[41 FR 14373, Apr. 5, 1976, as amended at 44 FR 45566, Aug. 2, 1979]

Subpart I [Reserved]



 Subpart J_Nonlethal Taking of Marine Mammals Incidental to Oil and Gas 
Exploration, Development, and Production Activities in the Beaufort Sea 
                  and Adjacent Northern Coast of Alaska

    Source: 71 FR 43950, Aug. 2, 2006, unless otherwise noted.

    Effective Date Note: At 71 FR 43950, Aug. 2, 2006, Subpart J was 
added, effective Aug. 2, 2006 through Aug. 2, 2011.



Sec. 18.121  What specified activities does this subpart cover?

    Regulations in this subpart apply to the nonlethal incidental, but 
not intentional, take of small numbers of polar bear and Pacific walrus 
by you (U.S. citizens as defined in Sec. 18.27(c)) while engaged in oil 
and gas exploration, development, and production activities in the 
Beaufort Sea and adjacent northern coast of Alaska.



Sec. 18.122  In what specified geographic region does this subpart apply?

    This subpart applies to the specified geographic region defined by a 
north-south line at Barrow, Alaska, and includes all Alaska coastal 
areas, State waters, and Outer Continental Shelf waters east of that 
line to the Canadian border and an area 25 miles inland from Barrow on 
the west to the Canning River on the east. The Arctic National Wildlife 
Refuge is not included in the area covered by this subpart. Figure 1 
shows the area where this subpart applies.

[[Page 30]]

[GRAPHIC] [TIFF OMITTED] TR02AU06.002



Sec. 18.123  When is this subpart effective?

    Regulations in this subpart are effective from August 2, 2006 
through August 2, 2011 for year-round oil and gas exploration, 
development, and production activities.



Sec. 18.124  How do I obtain a Letter of Authorization?

    (a) You must be a U.S. citizen as defined in Sec. 18.27(c).
    (b) If you are conducting an oil and gas exploration, development, 
or production activity in the specified geographic region described in 
Sec. 18.122 that may cause the taking of polar bear or Pacific walrus 
in execution of those activities and you want nonlethal incidental take 
authorization under this rule, you must apply for a Letter of 
Authorization for each exploration activity or a Letter of Authorization 
for activities in each development or production area. You must submit 
the application for authorization to our Alaska Regional Director (see 
50 CFR 2.2 for address) at least 90 days prior to the start of the 
proposed activity.
    (c) Your application for a Letter of Authorization must include the 
following information:
    (1) A description of the activity, the dates and duration of the 
activity, the specific location, and the estimated area affected by that 
activity, i.e., a Plan of Operation.
    (2) A site-specific plan to monitor the effects of the activity on 
the behavior of polar bear and Pacific walrus that may be present during 
the ongoing activities. Your monitoring program must document the 
effects to these marine mammals and estimate the actual level and type 
of take. The monitoring requirements will vary depending on

[[Page 31]]

the activity, the location, and the time of year.
    (3) A site-specific polar bear awareness and interaction plan.
    (4) A Plan of Cooperation to mitigate potential conflicts between 
the proposed activity and subsistence hunting, where relevant. This Plan 
of Cooperation must identify measures to minimize adverse effects on the 
availability of polar bear and Pacific walrus for subsistence uses if 
the activity takes place in or near a traditional subsistence hunting 
area. Some of these measures may include, but are not limited to, 
mitigation measures described in Sec. 18.128.



Sec. 18.125  What criteria does the Service use to evaluate Letter of Authorization requests?

    (a) We will evaluate each request for a Letter of Authorization 
based on the specific activity and the specific geographic location. We 
will determine whether the level of activity identified in the request 
exceeds that analyzed by us in making a finding of negligible impact on 
the species and a finding of no unmitigable adverse impact on the 
availability of the species for take for subsistence uses. If the level 
of activity is greater, we will reevaluate our findings to determine if 
those findings continue to be appropriate based on the greater level of 
activity that you have requested. Depending on the results of the 
evaluation, we may grant the authorization, add further conditions, or 
deny the authorization.
    (b) In accordance with Sec. 18.27(f)(5), we will make decisions 
concerning withdrawals of Letters of Authorization, either on an 
individual or class basis, only after notice and opportunity for public 
comment.
    (c) The requirement for notice and public comment in paragraph (b) 
of this section will not apply should we determine that an emergency 
exists that poses a significant risk to the well-being of the species or 
stock of polar bear or Pacific walrus.



Sec. 18.126  What does a Letter of Authorization allow?

    (a) Your Letter of Authorization may allow the nonlethal incidental, 
but not intentional, take of polar bear and Pacific walrus when you are 
carrying out one or more of the following activities:
    (1) Conducting geological and geophysical surveys and associated 
activities;
    (2) Drilling exploratory wells and associated activities;
    (3) Developing oil fields and associated activities;
    (4) Drilling production wells and performing production support 
operations;
    (5) Conducting environmental monitoring activities associated with 
exploration, development, and production activities to determine 
specific impacts of each activity;
    (6) Conducting restoration, remediation, demobilization programs, 
and associated activities.
    (b) You must use methods and conduct activities identified in your 
Letter of Authorization in a manner that minimizes to the greatest 
extent practicable adverse impacts on polar bear and Pacific walrus, 
their habitat, and on the availability of these marine mammals for 
subsistence uses.
    (c) Each Letter of Authorization will identify conditions or methods 
that are specific to the activity and location.



Sec. 18.127  What activities are prohibited?

    (a) Intentional take and lethal incidental take of polar bear or 
Pacific walrus; and
    (b) Any take that fails to comply with this part or with the terms 
and conditions of your Letter of Authorization.



Sec. 18.128  What are the mitigation, monitoring, and reporting requirements?

    (a) We require holders of Letters of Authorization to cooperate with 
us and other designated Federal, State, and local agencies to monitor 
the impacts of oil and gas exploration, development, and production 
activities on polar bear and Pacific walrus.
    (b) Holders of Letters of Authorization must designate a qualified 
individual or individuals to observe, record, and report on the effects 
of their activities on polar bear and Pacific walrus.

[[Page 32]]

    (c) All holders of Letters of Authorization are required to have an 
approved polar bear and/or walrus interaction plan on file with the 
Service and on-site, and polar bear awareness training will also be 
required of certain personnel. Interaction plans must include:
    (1) The type of activity and, where and when the activity will 
occur, i.e., a Plan of Operation;
    (2) A food and waste management plan;
    (3) Personnel training materials and procedures;
    (4) Site at-risk locations and situations;
    (5) Walrus/bear observation and reporting procedures; and
    (6) Bear/walrus avoidance and encounter procedures.
    (d) All applicants for a Letter of Authorization must contact 
affected subsistence communities to discuss potential conflicts caused 
by location, timing, and methods of proposed operations and submit to us 
a record of communication that documents these discussions. If 
appropriate, the applicant for a Letter of Authorization must also 
submit to us a Plan of Cooperation that ensures that activities will not 
interfere with subsistence hunting and that adverse effects on the 
availability of polar bear or Pacific walrus are minimized.
    (e) Mitigation measures that may be required on a case-by-case basis 
include:
    (1) The use of trained marine mammal monitors associated with marine 
activities. We may require a monitor on the site of the activity or on 
board drill ships, drill rigs, aircraft, icebreakers, or other support 
vessels or vehicles to monitor the impacts of Industry's activity on 
polar bear and Pacific walrus.
    (2) The use of den habitat map developed by the USGS. A map of 
potential coastal polar bear denning habitat can be found at: http://
www.absc.usgs.gov/research/sis--summaries/polar--bears--sis/mapping--
dens.htm. This measure ensures that the location of potential polar bear 
dens is considered when conducting activities in the coastal areas of 
the Beaufort Sea.
    (3) The use of Forward Looking Infrared (FLIR) imagery, polar bear 
scent-trained dogs, or both to determine the presence or absence of 
polar bear dens in area of the activity.
    (4) Restricting the timing of the activity to limit disturbance 
around dens.
    (5) Requiring a 1-mile exclusion buffer surrounding known dens. If 
known occupied dens are located within an operator's area of activity, 
we will require a 1-mile exclusion buffer around the den to limit 
disturbance or require that the operator conduct activities after the 
female bears emerge from their dens. We will review these requirements 
for extenuating circumstances on a case-by-case basis.
    (f) For exploratory and development activities, holders of a Letter 
of Authorization must submit a report to our Alaska Regional Director 
(Attn: Marine Mammals Management Office) within 90 days after completion 
of activities. For production activities, holders of a Letter of 
Authorization must submit a report to our Alaska Regional Director 
(Attn: Marine Mammals Management Office) by January 15 for the preceding 
year's activities. Reports must include, at a minimum, the following 
information:
    (1) Dates and times of activity;
    (2) Dates and locations of polar bear or Pacific walrus activity as 
related to the monitoring activity; and
    (3) Results of the monitoring activities required under subsection 
(g) of this section, including an estimated level of take.
    (g) Monitoring requirements include, but are not limited to:
    (1) For all activities, all sightings of polar bears and walrus must 
be recorded. To the extent possible, the monitor will record group size, 
age, sex, reaction, duration of interaction, and closest approach to 
Industry activity.
    (2) Activities within the coast of the geographic region may 
incorporate daily polar bear watch logs.
    (3) Polar bear monitors will be required under the monitoring plan 
if polar bears are known to frequent the area or known polar bear dens 
are present in the area. Monitors will act as an early detection system 
in regards to proximate bear activity to Industry facilities.

[[Page 33]]

    (4) Offshore sites may require systematic monitoring protocols for 
polar bears and walrus due to their nearshore locations. Systematic 
monitoring may be implemented to statistically monitor observation 
trends of walrus or polar bears in the nearshore areas where they 
usually occur.



Sec. 18.129  What are the information collection requirements?

    (a) The Office of Management and Budget has approved the collection 
of information contained in this subpart and assigned control number 
1018-0070. You must respond to this information collection request to 
obtain a benefit pursuant to section 101(a)(5) of the Marine Mammal 
Protection Act (MMPA). We will use the information to (1) evaluate the 
application and determine whether or not to issue specific Letters of 
Authorization and (2) monitor impacts of activities conducted under the 
Letters of Authorization.
    (b) You should direct comments regarding the burden estimate or any 
other aspect of this requirement to the Information Collection Clearance 
Officer, U.S. Fish and Wildlife Service, Department of the Interior, 
Mail Stop 222 ARLSQ, 1849 C Street, NW., Washington, DC 20240.



PART 19_AIRBORNE HUNTING--Table of Contents




                         Subpart A_Introduction

Sec.
19.1 Purpose of regulations.
19.2 Scope of regulations.
19.3 Relation to other laws.
19.4 Definitions.

                         Subpart B_Prohibitions

19.11 General prohibitions.
19.12 Exceptions to general prohibitions.

                        Subpart C_Federal Permits

19.21 Limitation on Federal permits.

         Subpart D_State Permits and Annual Report Requirements

19.31 State permits.
19.32 Annual reporting requirements.

    Authority: Fish and Wildlife Act of 1956, 85 Stat. 480, as amended, 
86 Stat. 905 (16 U.S.C. 742a--j-1).

    Source: 39 FR 1177, Jan. 4, 1974, unless otherwise noted.



                         Subpart A_Introduction



Sec. 19.1  Purpose of regulations.

    The regulations contained in this part provide rules relative to the 
prohibition against shooting or harassing of wildlife from any aircraft, 
provide the requirements for the contents and filing of annual reports 
by the States regarding permits issued for such shooting or harassing, 
and provide regulations necessary for effective enforcement of the Fish 
and Wildlife Act of 1956 as amended (16 U.S.C. 742a--j-1).



Sec. 19.2  Scope of regulations.

    The regulations contained in this part apply to all persons within 
the territorial jurisdiction of the United States, to all United States 
citizens whether within the territorial jurisdiction of the United 
States or on the high seas or on board aircraft in flight over the high 
seas, and to all persons on board aircraft belonging in whole or in part 
to any United States citizen, firm, or partnership, or corporation 
created by or under the laws of the United States, or any State, 
territory or possession thereof.



Sec. 19.3  Relation to other laws.

    The exemptions to general prohibitions of the Fish and Wildlife Act 
of 1956, that permit airborne hunting in certain circumstances (See 
subpart B of this part) do not supersede, or authorize the violation of, 
other laws designed for the conservation or protection of wildlife, 
including those laws prohibiting the shooting or harassing of bald and 
golden eagles, polar bears and other marine mammals, migratory birds, 
and other wildlife, except to the extent that airborne hunting is 
authorized by regulations or permits issued under authority of those 
laws. (See e.g., Sec. 21.41 of this subchapter.)



Sec. 19.4  Definitions.

    In addition to definitions contained in part 10 of this subchapter, 
and unless the context otherwise requires, in this part 19:

[[Page 34]]

    Harass means to disturb, worry, molest, rally, concentrate, harry, 
chase, drive, herd or torment.



                         Subpart B_Prohibitions



Sec. 19.11  General prohibitions.

    (a) Except as otherwise authorized by the Fish and Wildlife Act of 
1956 as amended, no person shall:
    (1) While airborne in any aircraft shoot or attempt to shoot for the 
purpose of capturing or killing any wildlife;
    (2) Use an aircraft to harass any wildlife; or
    (3) Knowingly participate in using an aircraft whether in the 
aircraft or on the ground for any purpose referred to in paragraph (a) 
(1) or (2) of this section.
    (b) The acts prohibited in this section include, but are not limited 
to, any person who:
    (1) Pilots or assists in the operation of an aircraft from which 
another person shoots or shoots at wildlife while airborne, or
    (2) While on the ground takes or attempts to take any wildlife by 
means, aid, or use of an aircraft.



Sec. 19.12  Exceptions to general prohibitions.

    The prohibitions of the preceding section shall not apply to any 
person who:
    (1) Is acting within the scope of his official duties as an employee 
or authorized agent of a State or the United States to administer or 
protect or aid in the administration or protection of land, water, 
wildlife, livestock, domesticated animals, human life or crops; or
    (2) Is acting within the limitations of a permit referred to in 
Sec. 19.21 or Sec. 19.31 of this part.



                        Subpart C_Federal Permits



Sec. 19.21  Limitation on Federal permits.

    No Federal permits will be issued to authorize any person to hunt, 
shoot, or harass any wildlife from an aircraft, except for Federal 
permits to scare or herd migratory birds referred to in Sec. 21.41 of 
this subchapter.



         Subpart D_State Permits and Annual Report Requirements



Sec. 19.31  State permits.

    (a) Except as provided in Sec. 19.3, States may issue permits to 
persons to engage in airborne hunting or harassing of wildlife for 
purposes of administering or protecting land, water, wildlife, 
livestock, domestic animals, human life or crops. States may not issue 
permits for the purpose of sport hunting.
    (b) Upon issuance of a permit by a State to a person pursuant to 
this section, the issuing authority will provide immediate notification 
to the Special Agent in Charge having jurisdiction according to Sec. 
10.22.



Sec. 19.32  Annual reporting requirements.

    (a) Any State issuing permits to persons to engage in airborne 
hunting or harassing of wildlife or any State whose employees or agents 
participate in airborne hunting or harassing of wildlife for purposes of 
administering or protecting land, water, wildlife, livestock, domestic 
animals, human life or crops, shall file with the Director, an annual 
report on or before July 1 for the preceding calendar year ending 
December 31.
    (b) The annual report required by this section shall contain the 
following information as to each such permit issued:
    (1) The name and address of each person to whom a permit was issued.
    (2) Permit number and inclusive dates during which permit was valid.
    (3) The aircraft number of the aircraft used and the location where 
such aircraft was based.
    (4) Common name and number of the wildlife for which authorization 
to take was given and a description of the area from which the wildlife 
were authorized to be taken.
    (5) The purpose for which the permit was issued, specifically 
identifying whether the permit was issued to protect land, water, 
wildlife, livestock, domestic animals, crops, or human life.
    (6) The common name and number of wildlife taken by permittees and 
State employees or agents.
    (c) A compilation of all annual reports required by this section 
shall be

[[Page 35]]

made by the Director and furnished to any State filing such annual 
report.



PART 20_MIGRATORY BIRD HUNTING--Table of Contents




                         Subpart A_Introduction

Sec.
20.1 Scope of regulations.
20.2 Relation to other provisions.

                          Subpart B_Definitions

20.11 What terms do I need to understand?

                            Subpart C_Taking

20.20 Migratory Bird Harvest Information Program.
20.21 What hunting methods are illegal?
20.22 Closed seasons.
20.23 Shooting hours.
20.24 Daily limit.
20.25 Wanton waste of migratory game birds.
20.26 Emergency closures.

                          Subpart D_Possession

20.31 Prohibited if taken in violation of subpart C.
20.32 During closed season.
20.33 Possession limit.
20.34 Opening day of a season.
20.35 Field possession limit.
20.36 Tagging requirement.
20.37 Custody of birds of another.
20.38 Possession of live birds.
20.39 Termination of possession.
20.40 Gift of migratory game birds.

            Subpart E_Transportation Within the United States

20.41 Prohibited if taken in violation of subpart C.
20.42 Transportation of birds of another.
20.43 Species identification requirement.
20.44 Marking package or container.

                          Subpart F_Exportation

20.51 Prohibited if taken in violation of subpart C.
20.52 Species identification requirement.
20.53 Marking package or container.

                         Subpart G_Importations

20.61 Importation limits.
20.62 Importation of birds of another.
20.63 Species identification requirement.
20.64 Foreign export permits.
20.65 Processing requirement.
20.66 Marking of package or container.

                Subpart H_Federal, State, and Foreign Law

20.71 Violation of Federal law.
20.72 Violation of State law.
20.73 Violation of foreign law.

            Subpart I_Migratory Bird Preservation Facilities

20.81 Tagging requirement.
20.82 Records required.
20.83 Inspection of premises.

                       Subpart J_Feathers or Skins

20.91 Commercial use of feathers.
20.92 Personal use of feathers or skins.

     Subpart K_Annual Seasons, Limits, and Shooting Hours Schedules

20.100 General provisions.
20.101 Seasons, limits, and shooting hours for Puerto Rico and the 
          Virgin Islands.
20.102 Seasons, limits, and shooting hours for Alaska.
20.103 Seasons, limits, and shooting hours for mourning and white-winged 
          doves and wild pigeons.
20.104 Seasons, limits, and shooting hours for rails, woodcock, and 
          common (Wilson's) snipe.
20.105 Seasons, limits, and shooting hours for waterfowl, coots, and 
          gallinules.
20.106 Seasons, limits, and shooting hours for sandhill cranes.
20.107 Seasons, limits, and shooting hours for tundra swans.
20.108 Nontoxic shot zones.
20.109 Extended seasons, limits, and hours for taking migratory game 
          birds by falconry.
20.110 Seasons, limits and other regulations for certain Federal Indian 
          reservations, Indian Territory, and ceded lands.

          Subpart L_Administrative and Miscellaneous Provisions

20.131 Extension of seasons.
20.132 Subsistence use in Alaska.
20.133 Hunting regulations for crows.
20.134 Nontoxic shot.

Subpart M [Reserved]

 Subpart N_Special Procedures for Issuance of Annual Hunting Regulations

20.151 Purpose and scope.
20.152 Definitions.
20.153 Regulations committee.
20.154 Flyway Councils.
20.155 Public file.

    Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 703-
712; Fish and Wildlife

[[Page 36]]

Act of 1956, 16 U.S.C. 742a-j; Public Law 106-108, 113 Stat. 1491, Note 
Following 16 U.S.C. 703.

    Source: 38 FR 22021, Aug. 15, 1973, unless otherwise noted.



                         Subpart A_Introduction



Sec. 20.1  Scope of regulations.

    (a) In general. The regulations contained in this part relate only 
to the hunting of migratory game birds, and crows.
    (b) Procedural and substantive requirements. Migratory game birds 
may be taken, possessed, transported, shipped, exported, or imported 
only in accordance with the restrictions, conditions, and requirements 
contained in this part. Crows may be taken, possessed, transported, 
exported, or imported only in accordance with subpart H of this part and 
the restrictions, conditions, and requirements prescribed in Sec. 
20.133.



Sec. 20.2  Relation to other provisions.

    (a) Migratory bird permits. The provisions of this part shall not be 
construed to alter the terms of any permit or other authorization issued 
pursuant to part 21 of this subchapter.
    (b) Migratory bird hunting stamps. The provisions of this part are 
in addition to the provisions of the Migratory Bird Hunting Stamp Act of 
1934 (48 Stat. 451, as amended; 16 U.S.C. 718a).
    (c) National wildlife refuges. The provisions of this part are in 
addition to, and are not in lieu of, any other provision of law 
respecting migratory game birds under the National Wildlife Refuge 
System Administration Act of 1966 (80 Stat. 927, as amended; 16 U.S.C. 
668dd) or any regulation made pursuant thereto.
    (d) State Laws for the protection of migratory birds. No statute or 
regulation of any State shall be construed to relieve a person from the 
restrictions, conditions, and requirements contained in this part, 
however, nothing in this part shall be construed to prevent the several 
States from making and enforcing laws or regulations not inconsistent 
with these regulations and the conventions between the United States and 
any foreign country for the protection of migratory birds or with the 
Migratory Bird Treaty Act, or which shall give further protection to 
migratory game birds.
    (e) Migratory bird subsistence harvest in Alaska. The provisions of 
this part, except for paragraphs (a) through (d) of this section, are 
not applicable to the regulations governing the migratory bird 
subsistence harvest in Alaska (part 92 of this subchapter) unless 
specifically referenced in part 92 of subchapter G of this chapter.

[38 FR 22021, Aug. 15, 1973, as amended at 68 FR 43027, July 21, 2003]



                          Subpart B_Definitions



Sec. 20.11  What terms do I need to understand?

    For the purpose of this part, the following terms shall be 
construed, respectively, to mean and to include:
    (a) Migratory game birds means those migratory birds included in the 
terms of conventions between the United States and any foreign country 
for the protection of migratory birds, for which open seasons are 
prescribed in this part and belong to the following families:
    (1) Anatidae (ducks, geese [including brant] and swans);
    (2) Columbidae (doves and pigeons);
    (3) Gruidae (cranes);
    (4) Rallidae (rails, coots and gallinules); and
    (5) Scolopacidae (woodcock and snipe).
    A list of migratory birds protected by the international conventions 
and the Migratory Bird Treaty Act appears in Sec. 10.13 of this 
subchapter.
    (b) Seasons--(1) Open season means the days on which migratory game 
birds may lawfully be taken. Each period precribed as an open season 
shall be construed to include the first and last days thereof.
    (2) Closed season means the days on which migratory game birds shall 
not be taken.
    (c) Bag limits--(1) Aggregate bag limit means a condition of taking 
in which two or more usually similar species may be bagged (reduced to 
possession) by the hunter in predetermined or unpredetermined quantities 
to satisfy a maximum take limit.

[[Page 37]]

    (2) Daily bag limit means the maximum number of migratory game birds 
of single species or combination (aggregate) of species permitted to be 
taken by one person in any one day during the open season in any one 
specified geographic area for which a daily bag limit is prescribed.
    (3) Aggregate daily bag limit means the maximum number of migratory 
game birds permitted to be taken by one person in any one day during the 
open season when such person hunts in more than one specified geographic 
area and/or for more than one species for which a combined daily bag 
limit is prescribed. The aggregate daily bag limit is equal to, but 
shall not exceed, the largest daily bag limit prescribed for any one 
species or for any one specified geographic area in which taking occurs.
    (4) Possession limit means the maximum number of migratory game 
birds of a single species or a combination of species permitted to be 
possessed by any one person when lawfully taken in the United States in 
any one specified geographic area for which a possession limit is 
prescribed.
    (5) Aggregate possession limit means the maximum number of migratory 
game birds of a single species or combination of species taken in the 
United States permitted to be possessed by any one person when taking 
and possession occurs in more than one specified geographic area for 
which a possession limit is prescribed. The aggegate possession limit is 
equal to, but shall not exceed, the largest possession limit prescribed 
for any one of the species or specified geographic areas in which taking 
and possession occurs.
    (d) Personal abode means one's principal or ordinary home or 
dwelling place, as distinguished from one's temporary or transient place 
of abode or dwelling such as a hunting club, or any club house, cabin, 
tent or trailer house used as a hunting club, or any hotel, motel or 
rooming house used during a hunting, pleasure or business trip.
    (e) Migratory bird preservation facility means:
    (1) Any person who, at their residence or place of business and for 
hire or other consideration; or
    (2) Any taxidermist, cold-storage facility or locker plant which, 
for hire or other consideration; or
    (3) Any hunting club which, in the normal course of operations; 
receives, possesses, or has in custody any migratory game birds 
belonging to another person for purposes of picking, cleaning, freezing, 
processing, storage or shipment.
    (f) Paraplegic means an individual afflicted with paralysis of the 
lower half of the body with involvement of both legs, usually due to 
disease of or injury to the spinal cord.
    (g) Normal agricultural planting, harvesting, or post-harvest 
manipulation means a planting or harvesting undertaken for the purpose 
of producing and gathering a crop, or manipulation after such harvest 
and removal of grain, that is conducted in accordance with official 
recommendations of State Extension Specialists of the Cooperative 
Extension Service of the U.S. Department of Agriculture.
    (h) Normal agricultural operation means a normal agricultural 
planting, harvesting, post-harvest manipulation, or agricultural 
practice, that is conducted in accordance with official recommendations 
of State Extension Specialists of the Cooperative Extension Service of 
the U.S. Department of Agriculture.
    (i) Normal soil stabilization practice means a planting for 
agricultural soil erosion control or post-mining land reclamation 
conducted in accordance with official recommendations of State Extension 
Specialists of the Cooperative Extension Service of the U.S. Department 
of Agriculture for agricultural soil erosion control.
    (j) Baited area means any area on which salt, grain, or other feed 
has been placed, exposed, deposited, distributed, or scattered, if that 
salt, grain, or other feed could serve as a lure or attraction for 
migratory game birds to, on, or over areas where hunters are attempting 
to take them. Any such area will remain a baited area for ten days 
following the complete removal of all such salt, grain, or other feed.
    (k) Baiting means the direct or indirect placing, exposing, 
depositing, distributing, or scattering of salt, grain,

[[Page 38]]

or other feed that could serve as a lure or attraction for migratory 
game birds to, on, or over any areas where hunters are attempting to 
take them.
    (l) Manipulation means the alteration of natural vegetation or 
agricultural crops by activities that include but are not limited to 
mowing, shredding, discing, rolling, chopping, trampling, flattening, 
burning, or herbicide treatments. The term manipulation does not include 
the distributing or scattering of grain, seed, or other feed after 
removal from or storage on the field where grown.
    (m) Natural vegetation means any non-agricultural, native, or 
naturalized plant species that grows at a site in response to planting 
or from existing seeds or other propagules. The term natural vegetation 
does not include planted millet. However, planted millet that grows on 
its own in subsequent years after the year of planting is considered 
natural vegetation.
    (n) Resident Canada geese means Canada geese that nest within the 
lower 48 States in the months of March, April, May, or June, or reside 
within the lower 48 States and the District of Columbia in the months of 
April, May, June, July, or August.

[53 FR 24290, June 28, 1988, as amended at 64 FR 29804, June 3, 1999; 71 
FR 45986, Aug. 10, 2006]



                            Subpart C_Taking



Sec. 20.20  Migratory Bird Harvest Information Program.

    (a) Information collection requirements. The collections of 
information contained in Sec. 20.20 have been approved by the Office of 
Management and Budget under 44 U.S.C. 3501 et seq. and assigned 
clearance number 1018-0015. An 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. The information will 
be used to provide a sampling frame for the national Migratory Bird 
Harvest Survey. Response is required from licensed hunters to obtain the 
benefit of hunting migratory game birds. Public reporting burden for 
this information is estimated to average 2 minutes per response for 
3,300,000 respondents, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. Thus 
the total annual reporting and record-keeping burden for this collection 
is estimated to be 112,000 hours. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing the burden, to the Service 
Information Collection Clearance Officer, ms-224 ARLSQ, Fish and 
Wildlife Service, Washington, DC 20240, or the Office of Management and 
Budget, Paperwork Reduction Project 1018-0015, Washington, DC 20503.
    (b) General provisions. Each person hunting migratory game birds in 
any State except Hawaii must have identified himself or herself as a 
migratory bird hunter and given his or her name, address, and date of 
birth to the respective State hunting licensing authority and must have 
on his or her person evidence, provided by that State, of compliance 
with this requirement.
    (c) Tribal exemptions. Nothing in paragraph (b) of this section 
shall apply to tribal members on Federal Indian Reservations or to 
tribal members hunting on ceded lands.
    (d) State exemptions. Nothing in paragraph (b) of this section shall 
apply to those hunters who are exempt from State-licensing requirements 
in the State in which they are hunting.
    (e) State responsibilities. The State hunting licensing authority 
will ask each licensed migratory bird hunter in the respective State to 
report approximately how many ducks, geese, doves, and woodcock he or 
she bagged the previous year, whether he or she hunted coots, snipe, 
rails, and/or gallinules the previous year, and, in States that have 
band-tailed pigeon hunting seasons, whether he or she intends to hunt 
band-tailed pigeons during the current year.

[58 FR 15098, Mar. 19, 1993, as amended at 59 FR 53336, Oct. 21, 1994; 
61 FR 46352, Aug. 30, 1996; 62 FR 45708, Aug. 28, 1997; 63 FR 46401, 
Sept. 1, 1998]

[[Page 39]]



Sec. 20.21  What hunting methods are illegal?

    Migratory birds on which open seasons are prescribed in this part 
may be taken by any method except those prohibited in this section. No 
persons shall take migratory game birds:
    (a) With a trap, snare, net, rifle, pistol, swivel gun, shotgun 
larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, 
poison, drug, explosive, or stupefying substance;
    (b) With a shotgun of any description capable of holding more than 
three shells, unless it is plugged with a one-piece filler, incapable of 
removal without disassembling the gun, so its total capacity does not 
exceed three shells. However, this restriction does not apply during:
    (1) A light-goose-only season (greater and lesser snow geese and 
Ross' geese) when all other waterfowl and crane hunting seasons, 
excluding falconry, are closed while hunting light geese in Central and 
Mississippi Flyway portions of Alabama, Arkansas, Colorado, Illinois, 
Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, 
Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, 
Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming.
    (2) A season only for Canada geese during the period of September 1 
to September 15 when all other waterfowl and crane hunting seasons, 
excluding falconry, are closed in the Atlantic, Central, and Mississippi 
Flyway portions of Alabama, Arkansas, Colorado, Connecticut, Delaware, 
Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 
Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, 
Missouri, Montana, Nebraska, New Hampshire, New Mexico, New Jersey, New 
York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode 
Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, 
Virginia, West Virginia, Wisconsin, and Wyoming.
    (c) From or by means, aid, or use of a sinkbox or any other type of 
low floating device, having a depression affording the hunter a means of 
concealment beneath the surface of the water;
    (d) From or by means, aid, or use of any motor vehicle, motor-driven 
land conveyance, or aircraft of any kind, except that paraplegics and 
persons missing one or both legs may take from any stationary motor 
vehicle or stationary motor-driven land conveyance;
    (e) From or by means of any motorboat or other craft having a motor 
attached, or any sailboat, unless the motor has been completely shut off 
and/or the sails furled, and its progress therefrom has ceased: 
Provided, That a craft under power may be used to retrieve dead or 
crippled birds; however, crippled birds may not be shot from such craft 
under power except in the seaduck area as permitted in subpart K of this 
part;
    (f) By the use or aid of live birds as decoys; although not limited 
to, it shall be a violation of this paragraph for any person to take 
migratory waterfowl on an area where tame or captive live ducks or geese 
are present unless such birds are and have been for a period of 10 
consecutive days prior to such taking, confined within an enclosure 
which substantially reduces the audibility of their calls and totally 
conceals such birds from the sight of wild migratory waterfowl;
    (g) By the use or aid of recorded or electrically amplified bird 
calls or sounds, or recorded or electrically amplified imitations of 
bird calls or sounds. However, this restriction does not apply during:
    (1) A light-goose-only season (greater and lesser snow geese and 
Ross' geese) when all other waterfowl and crane hunting seasons, 
excluding falconry, are closed while hunting light geese in Central and 
Mississippi Flyway portions of Alabama, Arkansas, Colorado, Illinois, 
Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, 
Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, 
Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming.
    (2) A season only for Canada geese during the period of September 1 
to September 15 when all other waterfowl and crane hunting seasons, 
excluding falconry, are closed in the Atlantic, Central, and Mississippi 
Flyway portions of Alabama, Arkansas, Colorado,

[[Page 40]]

Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, 
Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, 
Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New 
Mexico, New Jersey, New York, North Carolina, North Dakota, Ohio, 
Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, 
Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and 
Wyoming.
    (h) By means or aid of any motordriven land, water, or air 
conveyance, or any sailboat used for the purpose of or resulting in the 
concentrating, driving, rallying, or stirring up of any migratory bird;
    (i) By the aid of baiting, or on or over any baited area, where a 
person knows or reasonably should know that the area is or has been 
baited. However, nothing in this paragraph prohibits:
    (1) the taking of any migratory game bird, including waterfowl, 
coots, and cranes, on or over the following lands or areas that are not 
otherwise baited areas--
    (i) Standing crops or flooded standing crops (including aquatics); 
standing, flooded, or manipulated natural vegetation; flooded harvested 
croplands; or lands or areas where seeds or grains have been scattered 
solely as the result of a normal agricultural planting, harvesting, 
post-harvest manipulation or normal soil stabilization practice;
    (ii) From a blind or other place of concealment camouflaged with 
natural vegetation;
    (iii) From a blind or other place of concealment camouflaged with 
vegetation from agricultural crops, as long as such camouflaging does 
not result in the exposing, depositing, distributing or scattering of 
grain or other feed; or
    (iv) Standing or flooded standing agricultural crops where grain is 
inadvertently scattered solely as a result of a hunter entering or 
exiting a hunting area, placing decoys, or retrieving downed birds.
    (2) The taking of any migratory game bird, except waterfowl, coots 
and cranes, on or over lands or areas that are not otherwise baited 
areas, and where grain or other feed has been distributed or scattered 
solely as the result of manipulation of an agricultural crop or other 
feed on the land where grown, or solely as the result of a normal 
agricultural operation.
    (j) While possessing loose shot for muzzle loading or shotshells 
containing other than the following approved shot types.

------------------------------------------------------------------------
                               Percent composition  Field testing device
    Approved shot type *            by weight                **
------------------------------------------------------------------------
bismuth-tin.................  97 bismuth, 3 tin...  HOT*SHOT [reg]. ***
iron (steel)................  iron and carbon.....  Magnet or HOT*SHOT
                                                     [reg].
iron-tungsten...............  any proportion of     Magnet or HOT*SHOT
                               tungsten, =1 iron.
iron-tungsten-nickel........  =1 iron,   Magnet or HOT*SHOT
                               any proportion of     [reg]. **
                               tungsten, up to 40
                               nickel.
tungsten-bronze.............  51.1 tungsten, 44.4   Rare Earth Magnet.
                               copper, 3.9 tin,
                               0.6 iron and 60
                               tungsten, 35.1
                               copper, 3.9 tin, 1
                               iron.
tungsten-iron-copper-nickel.  40-76 tungsten, 10-   HOT*SHOT [reg] or
                               37 iron, 9-16         Rare Earth Magnet.
                               copper, 5-7 nickel.
tungsten-matrix.............  95.9 tungsten, 4.1    HOT*SHOT [reg].
                               polymer.
tungsten-polymer............  95.5 tungsten, 4.5    HOT*SHOT [reg].
                               Nylon 6 or 11.
tungsten-tin-iron...........  any proportions of    Magnet or HOT*SHOT
                               tungsten and tin,     [reg].
                               =1 iron.
tungsten-tin-bismuth........  any proportions of    Rare Earth Magnet.
                               tungsten, tin, and
                               bismuth..
tungsten-tin-iron-nickel....  65 tungsten, 21.8     Magnet.
                               tin, 10.4 iron, 2.8
                               nickel.
------------------------------------------------------------------------
* Coatings of copper, nickel, tin, zinc, zinc chloride, and zinc chrome
  on approved nontoxic shot types also are approved.
** The information in the ``Field Testing Device'' column is strictly
  informational, not regulatory.
*** The ``HOT*SHOT'' field testing device is from Stream Systems of
  Concord, CA.

    (2) Each approved shot type must contain less than 1 percent 
residual lead (see Sec. 20.134).
    (3) This shot type restriction applies to the taking of ducks, geese 
(including brant), swans, coots (Fulica americana), and any other 
species that make up aggregate bag limits with these migratory game 
birds during concurrent

[[Page 41]]

seasons in areas described in Sec. 20.108 as nontoxic shot zones.

[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22896, Aug. 27, 1973; 
44 FR 2599, Jan. 12, 1979; 45 FR 70275, Oct. 23, 1980; 49 FR 4079, Feb. 
2, 1984; 52 FR 27364, July 21, 1987; 53 FR 24290, June 28, 1988; 60 FR 
64, Jan. 3, 1995; 60 FR 43316, Aug. 18, 1995; 61 FR 42494, Aug. 15, 
1996; 62 FR 43447, Aug. 13, 1997; 64 FR 29804, June 3, 1999; 64 FR 
32780, June 17, 1999; 64 FR 45405, Aug. 19, 1999; 64 FR 71237, Dec. 20, 
1999; 65 FR 53940, Sept. 6, 2000; 66 FR 742, Jan. 4, 2001; 66 FR 32265, 
June 14, 2001; 68 FR 1392, Jan. 10, 2003; 69 FR 48165, Aug. 9, 2004; 70 
FR 49196, Aug. 23, 2005; 71 FR 4297, Jan. 26, 2006; 71 FR 45986, Aug. 
10, 2006]



Sec. 20.22  Closed seasons.

    No person may take migratory game birds during the closed season 
established in this part except as provided in parts 21 and 92 of this 
chapter.

[68 FR 43027, July 21, 2003]



Sec. 20.23  Shooting hours.

    No person shall take migratory game birds except during the hours 
open to shooting as prescribed in subpart K of this part.

[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22626, Aug. 23, 1973]



Sec. 20.24  Daily limit.

    No person shall take in any 1 calendar day, more than the daily bag 
limit or aggregate daily bag limit, whichever applies.

[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22626, Aug. 23, 1973]



Sec. 20.25  Wanton waste of migratory game birds.

    No person shall kill or cripple any migratory game bird pursuant to 
this part without making a reasonable effort to retrieve the bird, and 
retain it in his actual custody, at the place where taken or between 
that place and either (a) his automobile or principal means of land 
transportation; or (b) his personal abode or temporary or transient 
place of lodging; or (c) a migratory bird preservation facility; or (d) 
a post office; or (e) a common carrier facility.

[41 FR 31536, July 29, 1976]



Sec. 20.26  Emergency closures.

    (a) The Director may close or temporarily suspend any season 
established under subpart K of this part:
    (1) Upon a finding that a continuation of such a season would 
constitute an imminent threat to the safety of any endangered or 
threatened species or other migratory bird populations.
    (2) Upon issuance of local public notice by such means as 
publication in local newspapers of general circulation, posting of the 
areas affected, notifying the State wildlife conservation agency, and 
announcement on local radio and television.
    (b) Any such closure or temporary suspension shall be announced by 
publication of a notice to that effect in the Federal Register 
simultaneous with the local public notice referred to in paragraph 
(a)(2) of this section. However, in the event that it is impractical to 
publish a Federal Register notice simultaneously, due to the restriction 
in time available and the nature of the particular emergency situation, 
such notice shall follow the steps outlined in paragraph (a) of this 
section as soon as possible.
    (c) Any closure or temporary suspension under this section shall be 
effective on the date of publication of the Federal Register notice; or 
if such notice is not published simultaneously, then on the date and at 
the time specified in the local notification to the public. Every notice 
of closure shall include the date and time of closing of the season and 
the area or areas affected. In the case of a temporary suspension, the 
date and time when the season may be resumed shall be provided by a 
subsequent local notification to the public, and by publication in the 
Federal Register.

[41 FR 31536, July 29, 1976]



                          Subpart D_Possession



Sec. 20.31  Prohibited if taken in violation of subpart C.

    No person shall at any time, by any means, or in any manner, possess 
or have in custody any migratory game bird or part thereof, taken in 
violation of any provision of subpart C of this part.

[[Page 42]]



Sec. 20.32  During closed season.

    No person shall possess any freshly killed migratory game birds 
during the closed season.



Sec. 20.33  Possession limit.

    No person shall possess more migratory game birds taken in the 
United States than the possession limit or the aggregate possession 
limit, whichever applies.



Sec. 20.34  Opening day of a season.

    No person on the opening day of the season shall possess any freshly 
killed migratory game birds in excess of the daily bag limit, or 
aggregate daily bag limit, whichever applies.



Sec. 20.35  Field possession limit.

    No person shall possess, have in custody, or transport more than the 
daily bag limit or aggregate daily bag limit, whichever applies, of 
migratory game birds, tagged or not tagged, at or between the place 
where taken and either (a) his automobile or principal means of land 
transportation; or (b) his personal abode or temporary or transient 
place of lodging; or (c) a migratory bird preservation facility; or (d) 
a post office; or (e) a common carrier facility.

[41 FR 31536, July 29, 1976]



Sec. 20.36  Tagging requirement.

    No person shall put or leave any migratory game birds at any place 
(other than at his personal abode), or in the custody of another person 
for picking, cleaning, processing, shipping, transportation, or storage 
(including temporary storage), or for the purpose of having taxidermy 
services performed, unless such birds have a tag attached, signed by the 
hunter, stating his address, the total number and species of birds, and 
the date such birds were killed. Migratory game birds being transported 
in any vehicle as the personal baggage of the possessor shall not be 
considered as being in storage or temporary storage.



Sec. 20.37  Custody of birds of another.

    No person shall receive or have in custody any migratory game birds 
belonging to another person unless such birds are tagged as required by 
Sec. 20.36.



Sec. 20.38  Possession of live birds.

    Every migratory game bird wounded by hunting and reduced to 
possession by the hunter shall be immediately killed and become a part 
of the daily bag limit. No person shall at any time, or by any means, 
possess or transport live migratory game birds taken under authority of 
this part.



Sec. 20.39  Termination of possession.

    Subject to all other requirements of this part, the possession of 
birds taken by any hunter shall be deemed to have ceased when such birds 
have been delivered by him to another person as a gift; or have been 
delivered by him to a post office, a common carrier, or a migratory bird 
preservation facility and consigned for transport by the Postal Service 
or a common carrier to some person other than the hunter.

[41 FR 31537, July 29, 1976]



Sec. 20.40  Gift of migratory game birds.

    No person may receive, possess, or give to another, any freshly 
killed migratory game birds as a gift, except at the personal abodes of 
the donor or donee, unless such birds have a tag attached, signed by the 
hunter who took the birds, stating such hunter's address, the total 
number and species of birds and the date such birds were taken.

[42 FR 39668, Aug. 5, 1977]



            Subpart E_Transportation Within the United States



Sec. 20.41  Prohibited if taken in violation of subpart C.

    No person shall at any time, by any means, or in any manner, 
transport any migratory game bird or part thereof, taken in violation of 
any provision of subpart C of this part.



Sec. 20.42  Transportation of birds of another.

    No person shall transport migratory game birds belonging to another 
person unless such birds are tagged as required by Sec. 20.36.

[[Page 43]]



Sec. 20.43  Species identification requirement.

    No person shall transport within the United States any migratory 
game birds, except doves and band-tailed pigeons (Columba fasciata), 
unless the head or one fully feathered wing remains attached to each 
such bird at all times while being transported from the place where 
taken until they have arrived at the personal abode of the possessor or 
a migratory bird preservation facility.

[41 FR 31537, July 19, 1976]



Sec. 20.44  Marking package or container.

    No person shall transport by the Postal Service or a common carrier 
migratory game birds unless the package or container in which such birds 
are transported has the name and address of the shipper and the 
consignee and an accurate statement of the numbers of each species of 
birds therein contained clearly and conspicuously marked on the outside 
thereof.



                          Subpart F_Exportation



Sec. 20.51  Prohibited if taken in violation of subpart C.

    No person shall at any time, by any means, or in any manner, export 
or cause to be exported, any migratory game bird or part thereof, taken 
in violation of any provision of subpart C of this part.



Sec. 20.52  Species identification requirement.

    No person shall export migratory game birds unless one fully 
feathered wing remains attached to each such bird while being 
transported from the United States and/or any of its possessions to any 
foreign country.



Sec. 20.53  Marking package or container.

    No person shall export migratory game birds via the Postal Service 
or a common carrier unless the package or container has the name and 
address of the shipper and the consignee and an accurate statement of 
the numbers of each species of birds therein contained clearly and 
conspicuously marked on the outside thereof.



                         Subpart G_Importations



Sec. 20.61  Importation limits.

    No person shall import migratory game birds in excess of the 
following importation limits:
    (a) Doves and pigeons. (1) From any foreign country except Mexico, 
during any one calendar week beginning on Sunday, not to exceed 25 
doves, singly or in the aggregate of all species, and 10 pigeons, singly 
or in the aggregate of all species.
    (2) From Mexico, not to exceed the maximum number permitted by 
Mexican authorities to be taken in any one day: Provided, That if the 
importer has his Mexican hunting permit date-stamped by appropriate 
Mexican wildlife authorities on the first day he hunts in Mexico, he may 
import the applicable Mexican possession limit corresponding to the days 
actually hunted during that particular trip.
    (b) Waterfowl. (1) From any foreign country except Canada and 
Mexico, during any one calendar week beginning on Sunday, not to exceed 
10 ducks, singly or in the aggregate of all species, and five geese 
including brant, singly or in the aggregate of all species.
    (2) From Canada, not to exceed the maximum number permitted to be 
exported by Canadian authorities.
    (3) From Mexico, not to exceed the maximum number permitted by 
Mexican authorities to be taken in any one day: Provided, That if the 
importer has his Mexican hunting permit date-stamped by appropriate 
Mexican wildlife authorities on the first day he hunts in Mexico, he may 
import the applicable Mexican possession limit corresponding to the days 
actually hunted during that particular trip.

[40 FR 36346, Aug. 20, 1975]



Sec. 20.62  Importation of birds of another.

    No person shall import migratory game birds belonging to another 
person.



Sec. 20.63  Species identification requirement.

    No person shall import migratory game birds unless each such bird 
has one fully feathered wing attached, and

[[Page 44]]

such wing must remain attached while being transported between the port 
of entry and the personal abode of the possessor or between the port of 
entry and a migratory bird preservation facility.

[41 FR 31537, July 19, 1976]



Sec. 20.64  Foreign export permits.

    No person shall import, possess or transport, any migratory game 
birds killed in a foreign country unless such birds are accompanied by 
export permits, tags, or other documentation required by applicable 
foreign laws or regulations.



Sec. 20.65  Processing requirement.

    No person shall import migratory game birds killed in any foreign 
country, except Canada, unless such birds are dressed (except as 
required in Sec. 20.63), drawn, and the head and feet are removed: 
Provided, That this shall not prohibit the importation of legally taken, 
fully feathered migratory game birds consigned for mounting purposes to 
a taxidermist who holds a current taxidermist permit issued to him 
pursuant to Sec. 21.24 of this chapter and who is also licensed by the 
U.S. Department of Agriculture to decontaminate such birds.



Sec. 20.66  Marking of package or container.

    No person shall import migratory game birds via the Postal Service 
or a common carrier unless the package or container has the name and 
address of the shipper and the consignee and an accurate statement of 
the numbers of each species of birds therein contained clearly and 
conspicuously marked on the outside thereof.



                Subpart H_Federal, State, and Foreign Law



Sec. 20.71  Violation of Federal law.

    No person shall at any time, by any means or in any manner, take, 
possess, transport, or export any migratory bird, or any part, nest, or 
egg of any such bird, in violation of any act of Congress or any 
regulation issued pursuant thereto.



Sec. 20.72  Violation of State law.

    No person shall at any time, by any means or in any manner, take, 
possess, transport, or export any migratory bird, or any part, nest, or 
egg of any such bird, in violation of any applicable law or regulation 
of any State.



Sec. 20.73  Violation of foreign law.

    No person shall at any time, by any means, or in any manner, import, 
possess, or transport, any migratory bird, or any part, nest, or egg of 
any such bird taken, bought, sold, transported, possessed, or exported 
contrary to any applicable law or regulation of any foreign country, or 
State or province thereof.



            Subpart I_Migratory Bird Preservation Facilities



Sec. 20.81  Tagging requirement.

    No migratory bird preservation facility shall receive or have in 
custody any migratory game birds unless such birds are tagged as 
required by Sec. 20.36.

[41 FR 31537, July 29, 1976]



Sec. 20.82  Records required.

    (a) No migratory bird preservation facility shall:
    (1) Receive or have in custody any migratory game bird unless 
accurate records are maintained which can identify each bird received 
by, or in the custody of, the facility by the name of the person from 
whom the bird was obtained, and show (i) the number of each species; 
(ii) the location where taken; (iii) the date such birds were received; 
(iv) the name and address of the person from whom such birds were 
received; (v) the date such birds were disposed of; and (vi) the name 
and address of the person to whom such birds were delivered, or
    (2) Destroy any records required to be maintained under this section 
for a period of 1 year following the last entry on the record.
    (b) Record keeping as required by this section will not be necessary 
at hunting clubs which do not fully process migratory birds by removal 
of both the head and wings.

[41 FR 38510, Sept. 10, 1976]

[[Page 45]]



Sec. 20.83  Inspection of premises.

    No migratory bird preservation facility shall prevent any person 
authorized to enforce this part from entering such facilities at all 
reasonable hours and inspecting the records and the premises where such 
operations are being carried.

[41 FR 31537, July 19, 1976]



                       Subpart J_Feathers or Skins



Sec. 20.91  Commercial use of feathers.

    Any person may possess, purchase, sell, barter, or transport for the 
making of fishing flies, bed pillows, and mattresses, and for similar 
commercial uses the feathers of migratory waterfowl (ducks, geese, 
brant, and swans) killed by hunting pursuant to this part, or seized and 
condemned by Federal or State game authorities, except that:
    (a) No person shall purchase, sell, barter, or offer to purchase, 
sell, or barter for millinery or ornamental use the feathers of 
migratory game birds taken under authority of this part; and
    (b) No person shall purchase, sell, barter, or offer to purchase, 
sell, or barter mounted specimens of migratory game birds taken under 
authority of this part.

[38 FR 22021, Aug. 15, 1973, as amended at 45 FR 70275, Oct. 23, 1980]



Sec. 20.92  Personal use of feathers or skins.

    Any person for his own use may possess, transport, ship, import, and 
export without a permit the feathers and skins of lawfully taken 
migratory game birds.



     Subpart K_Annual Seasons, Limits, and Shooting Hours Schedules



Sec. 20.100  General provisions.

    (a) The taking, possession, transportation, and other uses of 
migratory game birds by hunters is generally prohibited unless it is 
specifically provided for under regulations developed in accordance with 
the Migratory Bird Treaty Act. Consequently, hunting is prohibited 
unless regulatory schedules are established for seasons, daily bag and 
possession limits, and shooting (or hawking) hours. Migratory game bird 
population levels, including production and habitat conditions, vary 
annually. These conditions differ over North America, and within the 
United States, by flyways, States, and frequently areas within States. 
Thus, it is necessary to make annual adjustments in the schedules to 
limit the harvests of migratory game birds to permissible levels.
    (b) The development of these schedules involves annual data 
gathering programs to determine migratory game bird population status 
and trends, evaluations of habitat conditions, harvest information, and 
other factors having a bearing on the anticipated size of the fall 
flights of these birds. The proposed hunting schedules are announced 
early in the spring, and following consideration of additional 
information as it becomes available, as well as public comment, they are 
modified and published as supplemental proposals. These are also open to 
public comment. Public hearings are held for the purpose of providing 
additional opportunity for public participation in the rulemaking 
process.

[44 FR 7147, Feb. 6, 1979]



Sec. 20.101  Seasons, limits and shooting hours for Puerto Rico and the Virgin Islands.

    This section provides for the annual hunting of certain doves, 
pigeons, ducks, coots, gallinules and snipe in Puerto Rico; and for 
certain doves, pigeons and ducks in the Virgin Islands. In these 
Commonwealths, the hunting of waterfowl and coots (and other certain 
species, as applicable) must be with the use of nontoxic shot beginning 
in the 1991-92 waterfowl season.

[53 FR 24290, June 28, 1988]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.102  Seasons, limits, and shooting hours for Alaska.

    This section provides for the annual hunting of certain waterfowl 
(ducks,

[[Page 46]]

tundra swans, geese, and brant), common snipe, and sandhill cranes in 
Alaska. In Alaska, the hunting of waterfowl must be with the use of 
nontoxic shot beginning in the 1991-92 waterfowl season.

[55 FR 35267, Aug. 28, 1990]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.103  Seasons, limits, and shooting hours for mourning and white-winged doves and wild pigeons.

    This section provides for the annual hunting of certain doves and 
pigeons in the 48 contiguous United States. The mourning dove hunting 
regulations are arranged by the Eastern, Central, and Western Management 
Units.

[44 FR 7147, Feb. 6, 1979]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.104  Seasons, limits, and shooting hours for rails, woodcock, and common (Wilson's) snipe.

    This section provides for the annual hunting of certain rails, 
woodcock, and snipe in the 48 contiguous United States.

[44 FR 7148, Feb. 6, 1979]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.105  Seasons, limits and shooting hours for waterfowl, coots, and gallinules.

    This section provides for the annual hunting of certain waterfowl 
(ducks, geese [including brant]), coots and gallinules in the 48 
contiguous United States. The regulations are arranged by the Atlantic, 
Mississippi, Central and Pacific Flyways. These regulations often vary 
within Flyways or States, and by time periods. Those areas of the United 
States outside of State boundaries, i.e., the United States' territorial 
waters seaward of county boundaries, and including coastal waters 
claimed by the separate States, if not already included under the zones 
contained in Sec. 20.108, are designated for the purposes of Sec. 
20.21(j) as nontoxic shot zones for waterfowl hunting beginning in the 
1991-92 season.

[53 FR 24290, June 28, 1988, as amended at 56 FR 22102, May 13, 1991]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.106  Seasons, limits, and shooting hours for sandhill cranes.

    This section provides for the annual hunting of sandhill cranes in 
designated portions of the 48 contiguous United States.

[55 FR 35267, Aug. 28, 1990]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.107  Seasons, limits, and shooting hours for tundra swans.

    This section provides for the annual hunting of tundra swans in 
designated portions of the 48 contiguous United States.

[55 FR 39829, Sept. 28, 1990]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.108  Nontoxic shot zones.

    Beginning September 1, 1991, the contiguous 48 United States, and 
the States of Alaska and Hawaii, the Territories of Puerto Rico and the 
Virgin Islands, and the territorial waters of the United States, are 
designated for the purpose of Sec. 20.21(j) as nontoxic shot zones for 
hunting waterfowl, coots and certain other species. ``Certain other 
species'' refers to those species, other

[[Page 47]]

than waterfowl or coots, that are affected by reason of being included 
in aggregate bags and concurrent seasons.

[56 FR 22102, May 13, 1991]



Sec. 20.109  Extended seasons, limits, and hours for taking migratory game birds by falconry.

    This section provides annual regulations by which falconers may take 
permitted migratory game birds.

[44 FR 7148, Feb. 6, 1979]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.110  Seasons, limits, and other regulations for certain Federal Indian reservations, Indian Territory, and ceded lands.

    This section provides for establishing annual migratory bird hunting 
regulations for certain tribes on Federal Indian reservations, Indian 
Territory, and ceded lands.

[50 FR 35764, Sept. 3, 1985]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



          Subpart L_Administrative and Miscellaneous Provisions



Sec. 20.131  Extension of seasons.

    Whenever the Secretary shall find that emergency State action to 
prevent forest fires in any extensive area has resulted in the 
shortening of the season during which the hunting of any species of 
migratory game bird is permitted and that compensatory extension or 
reopening the hunting season for such birds will not result in a 
diminution of the abundance of birds to any greater extent than that 
contemplated for the original hunting season, the hunting season for the 
birds so affected may, subject to all other provisions of this 
subchapter, be extended or reopened by the Secretary upon request of the 
chief officer of the agency of the State exercising administration over 
wildlife resources. The length of the extended or reopened season in no 
event shall exceed the number of days during which hunting has been so 
prohibited. The extended or reopened season will be publicly announced.



Sec. 20.132  Subsistence use in Alaska.

    In Alaska, any person may, for subsistence purposes, take, possess, 
and transport, in any manner, from September 1 through April 1, snowy 
owls and cormorants for food and their skins for clothing, but birds and 
their parts may not be sold or offered for sale.

[68 FR 43027, July 21, 2003]



Sec. 20.133  Hunting regulations for crows.

    (a) Crows may be taken, possessed, transported, exported, or 
imported, only in accordance with such laws or regulations as may be 
prescribed by a State pursuant to this section.
    (b) Except in the State of Hawaii, where no crows shall be taken, 
States may by statute or regulation prescribe a hunting season for 
crows. Such State statutes or regulations may set forth the method of 
taking, the bag and possession limits, the dates and duration of the 
hunting season, and such other regulations as may be deemed appropriate, 
subject to the following limitations for each State:
    (1) Crows shall not be hunted from aircraft;
    (2) The hunting season or seasons on crows shall not exceed a total 
of 124 days during a calendar year;
    (3) Hunting shall not be permitted during the peak crow nesting 
period within a State; and
    (4) Crows may only be taken by firearms, bow and arrow, and 
falconry.



Sec. 20.134  Nontoxic shot.

    (a) Approval. (1) The information collection requirements contained 
in Sec. 20.134 have been approved by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1018-
0067. The information is being collected to provide a basis for which 
the Director, Fish and Wildlife Service, can conduct a methodical and 
objective review to approve/disapprove

[[Page 48]]

nontoxic shot status sought by an applicant. The information will be 
used for toxicity assessment of candidate shot submitted for approval by 
applicant. Response is required to obtain a benefit.
    (2) The Director, U.S. Fish and Wildlife Service, shall determine 
that a specific type of shot material is acceptable for the purposes of 
50 CFR 20.21(j), if after a review of applications and supporting data 
submitted in accordance with this section, together with all other 
relevant evidence, including public comment, it is concluded that the 
spent shot material does not impose a significant danger to migratory 
birds and other wildlife or their habitats.
    (b) Application and review--Tiered strategy for approval of nontoxic 
shot and shot coating. (1) All applications for approval under this 
section must be submitted with supporting documentation to the Director 
in accordance with the following procedures and must include at a 
minimum the supporting materials and information covered by Tier 1 in 
the tiered approval system as follows:
    (2) Tier 1. (i)(A) Applicant provides statements of use, chemical 
characterization, production variability, volume of use of candidate 
material and shot sample as listed in paragraphs (b)(2)(i)(A)(1) through 
(5), (b)(2)(i)(B)(1) through (5), and (b)(2)(i)(C)(1) through (3) of 
this section. The candidate shot or shot coating may be chemically 
analyzed by the Service or an independent laboratory to compare the 
results with the applicant's descriptions of shot composition and 
composition variability. Rejection of the application will occur if it 
is incomplete or if the composition of the candidate material, upon 
analysis, varies significantly from that described by the applicant.
    (1) Statement of proposed use, i.e., purpose and types.
    (2) Description of the chemical composition of the intact material.
    (i) Chemical names, Chemical Abstracts Service numbers (if 
available), and structures.
    (ii) Chemical characterization for organics and organometallics for 
coating and core [e.g., empirical formula, melting point, molecular 
weight, solubility, specific gravity, partition coefficients, hydrolysis 
half-life, leaching rate (in water and soil), degradation half-life, 
vapor pressure, stability and other relevant characteristics].
    (iii) Composition and weight of shot material.
    (iv) Thickness, quantity (e.g., mg/shot), and chemical composition 
of shot coating.
    (3) Statement of the expected variability of shot during production.
    (4) Estimate of yearly volume of candidate shot and/or coated shot 
expected for use in hunting migratory birds in the U.S.
    (5) Five pounds of the candidate shot and/or coated shot, as 
applicable, in size equivalent to United States standard size No. 4 
(0.13 inches in diameter).
    (B) Applicant provides information on the toxicological effects of 
the shot or shot coating as follows:
    (1) A summary of the acute and chronic mammalian toxicity data of 
the shot or shot coating ranking its toxicity (e.g., LD50<5 mg/kg = 
super toxic, 5-50 mg/kg = extremely toxic, 50-500 mg/kg = very toxic, 
500-5,000 mg/kg = moderately toxic, 5,000-15,000 = slightly toxic, 
15,000 mg/kg = practically nontoxic) with citations.
    (2) A summary of known acute, chronic, and reproductive 
toxicological data of the chemicals comprising the shot or shot coating 
with respect to birds, particularly waterfowl (include LD50 or LC50 
data, and sublethal effects) with citations.
    (3) A narrative description, with citations to relevant data, 
predicting the toxic effect in waterfowl of complete erosion and 
absorption of one shot or coated shot in a 24-hour period. Define the 
nature of toxic effect (e.g., mortality, impaired reproduction, 
substantial weight loss, disorientation and other relevant associated 
clinical observations).
    (4) A statement, with supporting rationale and citations to relevant 
data, that there is or is not any reasonable basis for concern for shot 
or coated shot ingestion by fish, amphibians, reptiles or mammals. If 
there is some recognized impact on fish, amphibians, reptiles, or 
mammals, the Service may require additional study.

[[Page 49]]

    (5) Summarize the toxicity data of chemicals comprising the shot or 
shot coating to aquatic and terrestrial invertebrates, fish, amphibians, 
reptiles, and mammals.
    (C) Applicant provides information on the environmental fate and 
transport, if any, of the shot or shot coating as follows:
    (1) A statement of the alteration of the shot or shot coating, 
chemically or physically, upon firing. The statement must describe any 
alterations.
    (2) An estimate of the environmental half-life of the organic or 
organometallic component of the shot or shot coating, and a description 
of the chemical form of the breakdown products.
    (3) Information on the Estimated Environmental Concentration (EEC) 
assuming 69,000 shot per hectare (Bellrose 1959; Pain 1990) for:
    (i) A terrestrial ecosystem, assuming complete dissolution of 
material in 5 cm of soil. What would be the EEC and would that EEC 
exceed existing clean soil standards? (Environmental Protection Agency 
[EPA] standards for the Use of Disposal of Sewage Sludge; 40 CFR Part 
503). How does the estimated EEC relate to the toxicity threshold for 
plants, invertebrates, fish and wildlife?
    (ii) An aquatic ecosystem, assuming complete dissolution of the shot 
or shot coating in 1 cubic foot of water. What is the estimated EEC, and 
how does it compare to the EPA Water Quality Criteria and toxicity 
thresholds in plants, invertebrates, fish and wildlife?
    (D) Service evaluation of an application. (1) In reviewing the 
submission, the Service will use an exceedence of 1 LD50/square foot as 
the level of concern (U.S.E.P.A. 1992) as a criteria in the risk 
assessment.
    (2) In cooperation with the applicant, the Service will conduct a 
risk assessment using the Quotient Method (Environmental Protection 
Agency 1986): Risk = EEC/Toxicological Level of Concern Compare EEC in 
ppm to an effect level (e.g., LD50 in ppm. If Q < 0.1 = No Adverse 
Effects; If 0.1 <= Q <= 10.0 = Possible Adverse Effects; If Q 
 10.0 = Probable Adverse Effects.
    (3) Upon receipt of the Tier 1 application, the Director will review 
it to determine if the submission is complete. If complete, the 
applicant is notified within 30 days of receipt that a thorough review 
of the application will commence. A Notice of Application will appear in 
the Federal Register announcing the initiation of review of a Tier 1 
application. Complete review of a Tier 1 application will occur within 
60 days of the date the Notice of Application is published in the 
Federal Register.
    (E) If, after review of the Tier 1 data, the Service does not 
conclude that the shot or shot coating does not impose a significant 
danger to migratory birds, other wildlife, and their habitats, the 
applicant is advised to proceed with the additional testing described 
for Tier 2, Tier 3, or both. A Notice of Review will inform the public 
that Tier 1 test results are inconclusive, and Tier 2, Tier 3, or both 
testing are required before further consideration.
    (F) If review of the Tier 1 data results in a preliminary 
determination that the candidate material does not impose a significant 
danger to migratory birds, other wildlife, and their habitats, the 
Director will publish in the Federal Register a proposed rule stating 
the Service's intention to approve this shot or shot coating based on 
the toxicological report and toxicity studies. The rulemaking will 
include a description of the chemical composition of the candidate shot 
or shot coating, and a synopsis of findings under the standards required 
for Tier 1. If, at the end of the comment period, the Service finds no 
technical or scientific basis upon which to alter its conclusion, the 
candidate material will be approved by the publication of a final rule 
in the Federal Register. If, after receiving public comment, the Service 
determines that all available information does not establish that the 
shot and/or shot coating does not impose a significant danger to 
migratory birds, other wildlife, and their habitats, Tier 2, Tier 3, or 
both testing will be required and a Notice of Review will appear in the 
Federal Register. If only one of these two Tier tests are required, the 
Service will explain in the notice why the other is not required. If

[[Page 50]]

the applicant chooses not to proceed, the determination denying approval 
will appear in the Federal Register.
    (ii) [Reserved]
    (3) Tier 2. (i) If Tier 2 testing is required, the applicant must 
submit a plan that addresses paragraph (b)(3)(ii) requirements. The 
Director will review the Tier 2 testing plan submitted by the applicant 
within 30 days of receipt. The Director may decline to approve the plan, 
or any part of it, if deficient in any manner with regard to timing, 
format or content. The Director shall apprise the applicant regarding 
what parts, if any, of the submitted testing procedures to disregard and 
any modifications to incorporate into the Tier 2 testing plan in order 
to gain plan approval. All testing procedures will be in compliance with 
the Good Laboratory Practices Standards (40 CFR part 160) except where 
they conflict with the regulations in this section or with a provision 
of an approved plan. The Director, or authorized representative, may 
elect to inspect the applicant's laboratory facilities and may decline 
to approve the plan and further consideration of the candidate shot if 
the facility does not meet the Good Laboratory Practices Standards. 
After the plan is accepted, Tier 2 testing will commence. Required 
analyses and reports, in accordance with the regulations in this 
section, must be sent to the Director. The applicant will ensure that 
copies of all the raw data and statistical analyses accompany the 
laboratory reports and final comprehensive report of this test.
    (ii) Evaluation of the candidate shot or shot coating will first be 
in a standardized test under in vitro conditions (see paragraph be in a 
standardized test under in vitro conditions (see paragraph 
(b)(3)(ii)(A)) that will assess its erosion and any release of 
components into a liquid medium in an environment simulating in vivo 
conditions of a waterfowl gizzard. Erosion characteristics are to be 
compared with those of lead shot and steel shot of comparable size. 
Following the erosion rate testing, the applicant must conduct a 30-day 
acute toxicity test in mallards, and a test to determine the candidate 
shot and/or shot coating effects on selected invertebrates and fish and 
include the results in the report for the Director.
    (A) In vitro erosion rate test. Conduct a standardized in vitro test 
to determine erosion rate of the candidate shot or shot coating using 
the guidelines in Kimball and Munir (1971), unless otherwise provided by 
the Service.
    (1) Typical test materials: Atomic absorption spectrophotometer; 
Drilled aluminum block to support test tubes; Thermostatically 
controlled stirring hot plate; Small Teflon [reg]-coated 
magnets; Hydrochloric acid (pH 2.0) and pepsin; Capped test tubes; and 
Lead, steel and candidate shot/coated shot.
    (2) Typical test procedures. Add hydrochloric acid and pepsin to 
each capped test tube at a volume and concentration that will erode a 
single No. 4 lead shot at a rate of 5 mg/day. Place three test tubes, 
each containing either lead shot, steel shot or candidate shot and/or 
coated shot, in an aluminum block on the stirring hot plate. Add a 
Teflon [reg] coated magnet to each test tube and set the hot 
plate at 42 degrees centigrade and 500 revolutions per minute. Determine 
the erosion of shot or coated shot daily for 14 consecutive days by 
weighing the shot and analyzing the digestion solution with an atomic 
absorption spectrophotometer. Replicate the 14-day procedure five times.
    (3) Typical test analyses. Compare erosion rates of the three types 
of shot by appropriate analysis of variance and regression procedures. 
The statistical analysis will determine whether the rate of erosion of 
the shot and/or shot coating is significantly greater or less than that 
of lead and steel. This determination is important to any subsequent 
toxicity testing.
    (B) Acute toxicity test--Tier 2 (Short-term, 30-day acute toxicity 
test using a commercially available duck food.). Over a 30-day period, 
conduct a short-term acute toxicity test that complies with the 
guidelines described as follows or as otherwise provided by the Service:
    (1) Typical test materials: 30 male and 30 female hand-reared 
mallards approximately 6 to 8 months old (mallards must have plumage and 
body conformation that resemble wild mallards); 60 elevated outdoor pens 
equipped with feeders and waterers;

[[Page 51]]

Laboratory equipped to perform fluoroscopy, required blood and tissue 
assays, and necropsies; Commercial duck maintenance mash; and Lead, 
steel and candidate shot.
    (2) Typical test procedures. House mallards individually in pens and 
give ad libitum access to food and water. After 3 weeks, randomly assign 
to 3 groups (10 males and 10 females/group), dose with eight pellets of 
either No. 4 lead shot (positive control), steel shot (negative 
control), or the candidate shot or coated shot. Fluoroscope birds at 1 
week after dosage to check for shot retention. Observe birds daily for 
signs of intoxication and mortality over a 30-day period. Determine body 
weight at the time of dosing, and at days 15 and 30 of the test. On days 
15 and 30, collect blood by venipuncture, determine hematocrit, 
hemoglobin concentration and other specified blood chemistries. 
Sacrifice all survivors on day 30. Remove the liver and other 
appropriate organs from the sacrificed birds and from birds that died 
prior to sacrifice on day 30 for histopathological analysis. Analyze the 
organs for lead and compounds contained in the candidate shot or coated 
shot. Necropsy all birds to determine any pathological conditions.
    (3) Typical test analyses. Analyze mortality among the specified 
groups with appropriate chi-square statistical procedures. Analyze 
physiological data and tissue contaminant data by analysis of variance 
or other appropriate statistical procedures to include the factors of 
shot type and sex. Compare sacrificed birds and birds that died prior to 
sacrifice whenever sample sizes are adequate for meaningful comparison.
    (C) Daphnid and fish early-life toxicity tests. Determine the 
toxicity of the compounds that comprise the shot or shot coating (at 
conditions maximizing solubility without adversely affecting controls) 
to selected invertebrates and fish. These methods are subject to the 
environmental effects test regulations developed under the authority of 
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), as follows:
    (1) The first test, the Daphnid Acute Toxicity Test (conducted in 
accordance with 40 CFR 797.1300), is a guideline for use in developing 
data on the acute toxicity of chemical substances. This guideline 
prescribes an acute toxicity test in which Daphnid exposure to a 
chemical in static and flow-through systems, with the agencies assessing 
the hazard the compound(s) may present to an aquatic environment.
    (2) The second test is the Daphnid Chronic Toxicity Test (conducted 
in accordance with 40 CFR 797.1330). This gathers data on the chronic 
toxicity of chemical substances in which Daphnids (Daphnia spp.) are 
exposed to a chemical in a renewal or flow-through system. The data from 
this test are again used to assess the hazard that the compound(s) may 
present to an aquatic environment.
    (3) A third test, Fish Early Life Stage Toxicity Test (conducted in 
accordance with 40 CFR Section 797.1600), assesses the adverse effects 
of chemical substances to fish in the early stages of their growth and 
development. Data from this test are used to determine the hazard the 
compound(s) may present to an aquatic environment.
    (iii) After the Tier 2 testing, the applicant will report the 
results to the Director. If, after review of the Tier 2 data, the 
Service determines that the information does not establish that the shot 
or shot coating does not impose a significant danger to migratory birds, 
other wildlife, and their habitats, the applicant is advised to proceed 
with the additional testing in Tier 3. A Notice of Review advises the 
public that, in conjunction with Tier 1 data, Tier 2 test results are 
inconclusive and Tier 3 testing is required for continued consideration.
    (iv) If review of the Tier 2 test data results in a preliminary 
determination that the candidate shot or shot coating does not impose a 
significant danger to migratory birds, other wildlife, and their 
habitats, the Director will publish in the Federal Register a proposed 
rule stating the Service's intention to approve this shot and/or coating 
and why Tier 3 testing is unnecessary. The rulemaking will include a 
description of chemical composition of the shot or shot coating, and a 
synopsis of findings under the standards required at Tier 2. If, at the 
end of the comment period, the Service finds no technical or scientific 
basis upon which

[[Page 52]]

to deny approval, the candidate shot or shot coating approval is 
published as a final rule in the Federal Register. If, as a result of 
the comment period, the Service determines that the information does not 
establish that the shot and/or shot coating does not impose a 
significant danger to migratory birds, other wildlife, and their 
habitats, Tier 3 testing will be required and a Notice of Review 
published in the Federal Register. If the applicant chooses not to 
proceed, the determination denying approval of the candidate shot or 
shot coating will appear in the Federal Register.
    (4) Tier 3. (i) If the Director determines that the Tier 1 or Tier 2 
information is inconclusive, the Director will notify the applicant to 
submit a Tier 3 testing plan for conducting further testing as outlined 
in paragraphs (b)(4)(i) (A) and (B) of this section. Review, by the 
Director, of the Tier 3 testing plan submitted by the applicant will 
occur within 30 days of receipt. The Director may decline to approve the 
plan, or any part of it, if deficient in any manner with regard to 
timing, format or content. The Director shall apprise the applicant 
regarding what parts, if any, of the submitted testing procedure to 
disregard and any modifications to incorporate into the Tier 3 plan in 
order to gain plan approval. All testing procedures should be in 
compliance with the Good Laboratory Practices Standards (40 CFR part 
160), except where they conflict with the regulations in this section or 
with a provision of an approved plan. The Director, or authorized 
representative, may elect to inspect the applicant's laboratory 
facilities and may decline to approve the plan and further consideration 
of the candidate shot and/or shot coating if the facility is not in 
compliance with the Good Laboratory Practices Standards. After 
acceptance of the plan, Tier 3 testing will commence. Required analyses 
and reports must be sent to the Director. The applicant will ensure that 
copies of all the raw data and statistical analyses accompany the 
laboratory reports and final comprehensive report of this test.
    (A) Chronic toxicity test--Tier 3 (Long-term toxicity test under 
depressed temperature conditions using a nutritionally-deficient diet). 
Conduct a chronic exposure test under adverse conditions that complies 
with the general guidelines described as follows unless otherwise 
provided by the Service:
    (1) Typical test materials: 36 male and 36 female hand-reared 
mallards approximately 6 to 8 months old (Mallards must have plumage and 
body conformation that resembles wild mallards); 72 elevated outdoor 
pens equipped with feeders and waterers; Laboratory equipped to perform 
fluoroscopy, required blood and tissue assays, and necropsies; Whole 
kernel corn; and Lead, steel, and candidate shot or coated shot.
    (2) Typical test procedures. (i) Conduct this test at a location 
where the mean monthly low temperature during December through March is 
between 20 and 40 degrees Fahrenheit (-6.6 and 4.4 degrees centigrade, 
respectively). Assign individual mallards to elevated outdoor pens 
during the first week of December and acclimate to an ad libitum diet of 
whole kernel corn for 2 weeks. Randomly assign birds to 5 groups (lead 
group of 4 males and 4 females, 4 other groups of 8 males and 8 females/
group). Dose the lead group (positive control) with one size No. 4 
pellet of lead shot. Dose one group (8 males and 8 females) with eight 
size No. 4 pellets of steel shot (negative control) and dose the 3 other 
groups (8 males and 8 females/group) with one, four and eight size No. 4 
pellets of candidate shot or coated shot.
    (ii) Weigh and fluoroscope birds weekly. Weigh all recovered shot to 
measure erosion. Determine blood parameters given in the 30-day acute 
toxicity test. Provide body weight and blood parameter measurements on 
samples drawn at 24 hours after dosage and at the end of days 30 and 60. 
At the end of 60 days, sacrifice all survivors. Remove the liver and 
other appropriate organs from sacrificed birds and birds dying prior to 
sacrifice on day 60 for histopathological analysis. Analyze organs for 
lead and other metals potentially contained in the candidate shot or 
shot coating. Necropsy all birds that died prior to sacrifice to 
determine pathological conditions associated with death.

[[Page 53]]

    (3) Typical test analyses. Analyze mortality among the specified 
groups with appropriate chi-square statistical procedures. Any effects 
on the previously mentioned physiological parameters caused by the shot 
or shot coating must be significantly less than those caused by lead 
shot and must not be significantly greater than those caused by steel 
shot. Analyze physiological data and tissue contaminant data by analysis 
of variance or appropriate statistical procedures to include the factors 
of shot type, dose and sex. Compare sacrificed birds and birds that died 
prior to sacrifice whenever sample sizes are adequate for a meaningful 
comparison.
    (B) Chronic dosage study--Tier 3 (Moderately long-term study that 
includes reproductive assessment). Conduct chronic exposure reproduction 
trial with the general guidelines described as follows unless otherwise 
provided by the Service:
    (1) Typical test materials: 44 male and 44 female hand-reared first 
year mallards (Mallards must have plumage and body conformation that 
resemble wild mallards); Pens suitable for quarantine and acclimation 
and for reasonably holding 5-10 ducks each; 44 elevated, pens equipped 
with feeders, waterers and nest boxes; Laboratory equipped to perform 
fluoroscopy, required blood and tissue assays, and necropsies; Whole 
kernel corn, and commercial duck maintenance and breeder mash; and Lead, 
steel and candidate shot or coated shot.
    (2) Typical test procedures. (i) Randomly assign mallards to 3 
groups (Lead group = 4 males and 4 females; steel group = 20 males and 
20 females; candidate shot/coated shot group = 20 males and 20 females) 
in December and hold in same-sex groups until mid-January (dates apply 
to outdoor test facility only and will reflect where in the U.S. tests 
are conducted). Tests conducted in the southern U.S. will need to be 
completed in low temperature units. After a 3-week acclimation period 
with ducks receiving commercial maintenance mash, provide birds with an 
ad libitum diet of corn for 60 days and then pair birds (one pair/pen) 
and provide commercial breeder mash. Dosing of the 3 groups with one 
pellet of No. 4 lead shot (positive control); eight pellets of No. 4 
steel shot (negative control); and eight pellets of No. 4 candidate shot 
or coated shot will occur after the acclimation period (day 0) and 
redosed after 30, 60, and 90 days. Few, if any, of the lead-dosed birds 
(positive control) should survive and reproduce.
    (ii) Fluoroscope birds 1 week after dosage to check for shot 
retention. Weigh males and females the day of initial dosing (day 0), at 
each subsequent dosing, and at death. Measure blood parameters 
identified in the 30-Day Acute Toxicity Test in this test using samples 
drawn at time of weighing. Note the date of first egg and the mean 
number of days per egg laid. Conclude laying after 21 normal, uncracked 
eggs are laid or after 150 days. Sacrifice adults after completion of 
laying period. Remove the liver and other appropriate organs from 
sacrificed birds and from other birds that died prior to sacrifice for 
histopathological analysis. Analyze organs and the 11th egg for 
compounds contained in the shot or shot coating. Necropsy all birds to 
determine any pathological conditions. Check nests daily to collect 
eggs. Discard any eggs laid before pairing. Artificially incubate eggs 
and calculate the percent shell thickness, percent eggs cracked, percent 
fertility (as determined by candling), and percent hatch of fertile eggs 
for each female. Provide ducklings with starter mash after hatching. 
Sacrifice all ducklings at 14 days of age. Measure survival to day 14 
and weight of the ducklings at hatching and sacrifice. Measure blood 
parameters identified in the 30-Day Acute Toxicity Test using samples 
drawn at sacrificing.
    (3) Typical test analyses. (i) Any mortality, reproductive 
inhibition or effects on the physiological parameters in paragraph 
(b)(4) by the shot or shot coating must not be significantly greater 
than those caused by steel shot. Percentage data is subject to an 
arcsine, square root transformation prior to statistical analyses. 
Physiological and reproductive data is analyzed by one-tailed t-tests 
([alpha]=0.05), or other appropriate statistical procedures by the 
applicant.

[[Page 54]]

    (ii) After conclusion of Tier 3 testing, the applicant must report 
the results to the Director. If after review of the Tier 3 data 
(completion 60 days after receipt of material) the Service determines 
that all of the information gathered and submitted in accordance with 
Tiers 1, 2, and 3, as applicable, does not establish that the shot or 
shot coating does not impose a significant danger to migratory birds, 
other wildlife, and their habitats, the applicant will have the option 
of repeating the tests that the Director deems are inconclusive. If the 
applicant chooses not to repeat the tests, approval of the candidate 
shot or shot coating is denied. A Notice of Review will inform the 
public that Tier 3 results are inconclusive, the applicant's decision 
not to repeat Tier 3 testing, and the Service's subsequent denial of the 
shot or shot coating.
    (iii) If review of either the initial or repeated Tier 3 test data 
results in a preliminary determination that the shot or shot coating 
does not impose a significant danger to migratory birds, other wildlife 
and their habitats, the Director will publish in the Federal Register a 
proposed rule stating the Service's intention to approve this shot or 
shot coating and providing the public with the opportunity to comment. 
The rulemaking will include a description of the chemical composition of 
the shot or shot coating and a synopsis of findings under the standards 
required by Tier 3. If at the end of the comment period, the Service 
concludes that the shot or shot coating does not impose a significant 
danger to migratory birds, other wildlife, or their habitats, the shot 
or shot coating will be approved as nontoxic with publication of a final 
rule in the Federal Register.
    (5) Residual lead levels. The Service's maximum environmentally 
acceptable level of lead in shot is trace amounts or <1 percent. Any 
shot manufactured with lead levels equal to or exceeding 1 percent are 
considered toxic and, therefore, illegal.
    (6) Field detection device. Before approval of any shot for use in 
migratory game bird hunting, a noninvasive field testing device must be 
available for enforcement officers to determine the shot material in a 
given shell in the field.

(Information collection requirements approved by the Office of 
Management and Budget under control no. 1018-0067)

[51 FR 42100, Nov. 21, 1986, as amended at 62 FR 63611, Dec. 1, 1997]

Subpart M [Reserved]



 Subpart N_Special Procedures for Issuance of Annual Hunting Regulations

    Source: 46 FR 62079, Dec. 22, 1981, unless otherwise noted.



Sec. 20.151  Purpose and scope.

    The rules of this subpart N apply to the issuance of the annual 
regulations establishing seasons, bag limits, and other requirements for 
the seasonal hunting of migratory birds. The rules of this subpart N do 
not apply to the issuance of regulations under part 21 of this title or 
under subparts A through J and L through M of this part 20.



Sec. 20.152  Definitions.

    As used in this subpart N:
    (a) Flyway Council means the Atlantic, Mississippi, Central, or 
Pacific Flyway Council;
    (b) Regulations Committee means the Migratory Bird Regulations 
Committee of the Fish and Wildlife Service; and
    (c) Significant, as used in reference to a communication or other 
form of information or data, means related to the merits of the 
regulation and received, utilized, or transmitted by an official of the 
Department who is or may reasonably be expected to be involved in the 
decisional process on the regulation.



Sec. 20.153  Regulations committee.

    (a) Notice of meetings. Notice of each meeting of the Regulations 
Committee to be attended by any person outside the Department will be 
published in the Federal Register at least two weeks before the meeting. 
The notice will state the time, place, and general subject(s) of the 
meeting, as well as the extent of public involvement.
    (b) Public observation and written comment. Each meeting of the 
Regulations

[[Page 55]]

Committee for which notice is published pursuant to paragraph (a) of 
this section will be open to the public for observation and the 
submission of written comments.
    (c) Public participation. Except for the mid-summer meetings held in 
Washington, DC, in conjuction with the public hearing on waterfowl and 
other late season frameworks, the public may participate in any meeting 
of the Regulations Committee for which notice is published pursuant to 
paragraph (a) of this section through the submission of oral statements 
that comply with the rules stated in the notice.
    (d) Minutes of meetings. Minutes will be made of each meeting of the 
Regulations Committee for which notice is published pursuant to 
paragraph (a) of this section.



Sec. 20.154  Flyway Councils.

    (a) Notice of meetings. Notice of each meeting of a Flyway Council 
to be attended by any official of the Department will be published in 
the Federal Register at least two weeks before the meeting or as soon as 
practicable after the Department learns of the meeting. The notice will 
state the time, place, and general subject(s) of the meeting.
    (b) [Reserved]



Sec. 20.155  Public file.

    (a) Establishment. A public file will be established for each 
rulemaking to which this subpart N is applicable.
    (b) Contents. Except for information exempt from disclosure under 5 
U.S.C. 552, a public file established pursuant to paragraph (a) of this 
section will contain:
    (1) The minutes of Regulations Committee meetings made pursuant to 
paragraph (d) of Sec. 20.153;
    (2) Any written comments and other significant written 
communications which occur after the notice of proposed rulemaking;
    (3) Summaries, identifying the source, of any significant oral 
communications which occure after the notice of proposed rulemaking; and
    (4) Copies of or references to any other significant data or 
information.



PART 21_MIGRATORY BIRD PERMITS--Table of Contents




                         Subpart A_Introduction

Sec.
21.1 Purpose of regulations.
21.2 Scope of regulations.
21.3 Definitions.
21.4 Information collection requirements.

              Subpart B_General Requirements and Exceptions

21.11 General permit requirements.
21.12 General exceptions to permit requirements.
21.13 Permit exceptions for captive-reared mallard ducks.
21.14 Permit exceptions for captive-reared migratory waterfowl other 
          than mallard ducks.

                  Subpart C_Specific Permit Provisions

21.21 Import and export permits.
21.22 Banding or marking permits.
21.23 Scientific collecting permits.
21.24 Taxidermist permits.
21.25 Waterfowl sale and disposal permits.
21.26 Special Canada goose permit.
21.27 Special purpose permits.
21.28 Falconry permits.
21.29 Federal falconry standards.
21.30 Raptor propagation permits.
21.31 Rehabilitation permits.

     Subpart D_Control of Depredating and Otherwise Injurious Birds

21.41 Depredation permits.
21.42 Authority to issue depredating orders to permit the killing of 
          migratory game birds.
21.43 Depredation order for blackbirds, cowbirds, grackles, crows and 
          magpies.
21.44 Depredation order for designated species of depredating birds in 
          California.
21.45 Depredation order for depredating purple gallinules in Louisiana.
21.46 Depredation order for depredating scrub jays and Steller's jays in 
          Washington and Oregon.
21.47 Depredation order for double-crested cormorants at aquaculture 
          facilities.
21.48 Depredation order for double-crested cormorants to protect public 
          resources.
21.49 Control order for resident Canada geese at airports and military 
          airfields.
21.50 Depredation order for resident Canada geese nests and eggs.
21.51 Depredation order for resident Canada geese at agricultural 
          facilities.
21.52 Public health control order for resident Canada geese.

[[Page 56]]

      Subpart E_Control of Overabundant Migratory Bird Populations

21.60 Conservation order for mid-continent light geese.
21.61 Population control of resident Canada geese.

    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.

    Source: 39 FR 1178, Jan. 4, 1974, unless otherwise noted.



                         Subpart A_Introduction



Sec. 21.1  Purpose of regulations.

    The regulations contained in this part supplement the general permit 
regulations of part 13 of this subchapter with respect to permits for 
the taking, possession, transporation, sale, purchase, barter, 
importation, exportation, and banding or marking of migratory birds. 
This part also provides certain exceptions to permit requirements for 
public, scientific, or educational institutions, and establishes 
depredation orders which provide limited exceptions to the Migratory 
Bird Treaty Act (16 U.S.C. 703-712).

[54 FR 38150, Sept. 14, 1989]



Sec. 21.2  Scope of regulations.

    (a) Migratory birds, their parts, nests, or eggs, lawfully acquired 
prior to the effective date of Federal protection under the Migratory 
Bird Treaty Act (16 U.S.C. 703-712) may be possessed or transported 
without a permit, but may not be imported, exported, purchased, sold, 
bartered, or offered for purchase, sale or barter, and all shipments of 
such birds must be marked as provided by part 14 of this subchapter: 
Provide, no exemption from any statute or regulation shall accrue to any 
offspring of such migratory birds.
    (b) This part, except for Sec. 21.12(a), (c), and (d) (general 
permit exceptions); Sec. 21.22 (banding or marking); Sec. 21.29 
(Federal falconry standards); 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.
    (c) The provisions of this part are in addition to, and are not in 
lieu of other regulations of this subchapter B which may require a 
permit or prescribe additional restrictions or conditions for the 
importation, exportation, and interstate transportation of wildlife (see 
also part 13).

[39 FR 1178, Jan. 4, 1974, as amended at 46 FR 42680, Aug. 24, 1981; 68 
FR 61137, Oct. 27, 2003]



Sec. 21.3  Definitions.

    In addition to definitions contained in part 10 of this chapter, and 
unless the context requires otherwise, as used in this part:
    Bred in captivity or captive-bred refers to raptors, including eggs, 
hatched in captivity from parents that mated or otherwise transferred 
gametes in captivity.
    Captivity means that a live raptor is held in a controlled 
environment that is intensively manipulated by man for the purpose of 
producing raptors of selected species, and that has boundaries designed 
to prevent raptors, eggs or gametes of the selected species from 
entering or leaving the controlled environment. General characteristics 
of captivity may include, but are not limited to, artificial housing, 
waste removal, health care, protection from predators, and artificially 
supplied food.
    Falconry means the sport of taking quarry by means of a trained 
raptor.
    Raptor means a live migratory bird of the Order Falconiformes or the 
Order Strigiformes, other than a bald eagle (Haliaeetus leucocephalus) 
or a golden eagle (Aquila chrysaetos).
    Resident Canada geese means Canada geese that nest within the lower 
48 States in the months of March, April, May, or June, or reside within 
the lower 48 States and the District of Columbia in the months of April, 
May, June, July, or August.
    Service or we means the U.S. Fish and Wildlife Service, Department 
of the Interior.

[48 FR 31607, July 8, 1983, as amended at 64 FR 32774, June 17, 1999; 71 
FR 45986, Aug. 10, 2006]

[[Page 57]]



Sec. 21.4  Information collection requirements.

    (a) The Office of Management and Budget approved the information 
collection requirements contained in this part 21 under 44 U.S.C. 3507 
and assigned OMB Control Number 1018-0022. The Service 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. We 
are collecting this information to provide information necessary to 
evaluate permit applications. We will use this information to review 
permit applications and make decisions, according to criteria 
established in the Migratory Bird Treaty Act, 16 U.S.C. 703-712 and its 
regulations, on the issuance, suspension, revocation, or denial of 
permits. You must respond to obtain or retain a permit.
    (b) We estimate the public reporting burden for these reporting 
requirements to vary from 15 minutes to 4 hours per response, with an 
average of 0.803 hours per response, including time for reviewing 
instructions, gathering and maintaining data, and completing and 
reviewing the forms. Direct comments regarding the burden estimate or 
any other aspect of these reporting requirements to the Service 
Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and 
Wildlife Service, Washington, DC 20240, or the Office of Management and 
Budget, Paperwork Reduction Project (1018-0022), Washington, DC 20603.

[63 FR 52637, Oct. 1, 1998]



              Subpart B_General Requirements and Exceptions



Sec. 21.11  General permit requirements.

    No person may take, possess, import, export, transport, sell, 
purchase, barter, or offer for sale, purchase, or barter, any migratory 
bird, or the parts, nests, or eggs of such bird except as may be 
permitted under the terms of a valid permit issued pursuant to the 
provisions of this part and part 13 of this chapter, or as permitted by 
regulations in this part, or part 20 of this subchapter (the hunting 
regulations), or part 92 of subchapter G of this chapter (the Alaska 
subsistence harvest regulations). Birds taken or possessed under this 
part in ``included areas'' of Alaska as defined in Sec. 92.5(a) are 
subject to this part and not to part 92 of subchapter G of this chapter.

[68 FR 43027, July 21, 2003]



Sec. 21.12  General exceptions to permit requirements.

    The following exceptions to the permit requirement are allowed.
    (a) Employees of the Department of the Interior authorized to 
enforce the provisions of the Migratory Bird Treaty Act of July 3, 1918, 
as amended (40 Stat. 755; 16 U.S.C. 703-711), may, without a permit, 
take or otherwise acquire, hold in custody, transport, and dispose of 
migratory birds or their parts, nests, or eggs as necessary in 
performing their official duties.
    (b) State game departments, municipal game farms or parks, and 
public museums, public zoological parks, accredited institutional 
members of the American Association of Zoological Parks and Aquariums 
(AAZPA) and public scientific or educational institutions may acquire by 
gift or purchase, possess, transport, and by gift or sale dispose of 
lawfully acquired migratory birds or their progeny, parts, nests, or 
eggs without a permit: Provided, That such birds may be acquired only 
from persons authorized by this paragraph or by a permit issued pursuant 
to this part to possess and dispose of such birds, or from Federal or 
State game authorities by the gift of seized, condemned, r sick or 
injured birds. Any such birds, acquired without a permit, and any 
progeny therefrom may be disposed of only to persons authorized by this 
paragraph to acquire such birds without a permit. Any person exercising 
a privilege granted by this paragraph must keep accurate records of such 
operations showing the species and number of birds acquired, possessed, 
and disposed of; the names and addresses of the persons from whom such 
birds were acquired or to whom such birds were donated or sold; and the 
dates of such transactions. Records shall be maintained or reproducible 
in English on a calendar year basis and shall be retained for a period 
of five (5) years following the end of the calendar year covered by the 
records.

[[Page 58]]

    (c) Employees of Federal, State, and local wildlife and land 
management agencies; employees of Federal, State, and local public 
health agencies; and laboratories under contract to such agencies may in 
the course of official business collect, possess, transport, and dispose 
of sick or dead migratory birds or their parts for analysis to confirm 
the presence of infectious disease. Nothing in this paragraph authorizes 
the take of uninjured or healthy birds without prior authorization from 
the Service. Additionally, nothing in this paragraph authorizes the 
taking, collection, or possession of migratory birds when circumstances 
indicate reasonable probability that death, injury, or disability was 
caused by factors other than infectious disease and/or natural toxins. 
These factors may include, but are not limited to, oil or chemical 
contamination, electrocution, shooting, or pesticides. If the cause of 
death of a bird is determined to be other than natural causes or 
disease, Service law enforcement officials must be contacted without 
delay.
    (d) Licensed veterinarians are not required to obtain a Federal 
migratory bird permit to temporarily possess, stabilize, or euthanize 
sick and injured migratory birds. However, a veterinarian without a 
migratory bird rehabilitation permit must transfer any such bird to a 
federally permitted migratory bird rehabilitator within 24 hours after 
the bird's condition is stabilized, unless the bird is euthanized. If a 
veterinarian is unable to locate a permitted rehabilitator within that 
time, the veterinarian must contact his or her Regional Migratory Bird 
Permit Office for assistance in locating a permitted migratory bird 
rehabilitator and/or to obtain authorization to continue to hold the 
bird. In addition, veterinarians must:
    (1) Notify the local U.S. Fish and Wildlife Service Ecological 
Services Office immediately upon receiving a threatened or endangered 
migratory bird species. Contact information for Ecological Services 
offices can be located on the Internet at http://offices.fws.gov;
    (2) Euthanize migratory birds as required by Sec. 21.31(e)(4)(iii) 
and Sec. 21.31(e)(4)(iv), and dispose of dead migratory birds in 
accordance with Sec. 21.31(e)(4)(vi); and
    (3) Keep records for 5 years of all migratory birds that die while 
in their care, including those they euthanize. The records must include: 
the species of bird, the type of injury, the date of acquisition, the 
date of death, and whether the bird was euthanized.

[39 FR 1178, Jan. 4, 1974, as amended at 50 FR 8638, Mar. 4, 1985; 54 FR 
38151, Sept. 14, 1989; 68 FR 61137, Oct. 27, 2003]



Sec. 21.13  Permit exceptions for captive-reared mallard ducks.

    Captive-reared and properly marked mallard ducks, alive or dead, or 
their eggs may be acquired, possessed, sold, traded, donated, 
transported, and disposed of by any person without a permit, subject to 
the following conditions, restrictions, and requirements:
    (a) Nothing in this section shall be construed to permit the taking 
of live mallard ducks or their eggs from the wild.
    (b) All mallard ducks possessed in captivity, without a permit, 
shall have been physically marked by at least one of the following 
methods prior to 6 weeks of age and all such ducks hatched, reared, and 
retained in captivity thereafter shall be so marked prior to reaching 6 
weeks of age.
    (1) Removal of the hind toe from the right foot.
    (2) Pinioning of a wing: Provided, That this method shall be the 
removal of the metacarpal bones of one wing or a portion of the 
metacarpal bones which renders the bird permanently incapable of flight.
    (3) Banding of one metatarsus with a seamless metal band.
    (4) Tattooing of a readily discernible number or letter or 
combination thereof on the web of one foot.
    (c) When so marked, such live birds may be disposed of to, or 
acquired from, any person and possessed and transferred in any number at 
any time or place: Provided, That all such birds shall be physically 
marked prior to sale or disposal regardless of whether or not they have 
attained 6 weeks of age.
    (d) When so marked, such live birds may be killed, in any number, at 
any time or place, by any means except

[[Page 59]]

shooting. Such birds may be killed by shooting only in accordance with 
all applicable hunting regulations governing the taking of mallard ducks 
from the wild: Provided, That such birds may be killed by shooting, in 
any number, at any time, within the confines of any premises operated as 
a shooting preserve under State license, permit, or authorization; or 
they may be shot, in any number, at any time or place, by any person for 
bona fide dog training or field trial purposes: Provided further, That 
the provisions:
    (1) The hunting regulations (part 20 of this subchapter), with the 
exception of Sec. 20.108 (Nontoxic shot zones), and
    (2) The Migratory Bird Hunting Stamp Act (duck stamp requirement) 
shall not apply to shooting preserve operations as provided for in this 
paragraph, or to bona fide dog training or field trial operations.
    (e) At all times during possession, transportation, and storage 
until the raw carcasses of such birds are finally processed immediately 
prior to cooking, smoking, or canning, the marked foot or wing must 
remain attached to each carcass: Provided, That persons, who operate 
game farms or shooting preserves under a State license, permit, or 
authorization for such activities, may remove the marked foot or wing 
when either the number of his State license, permit, or authorization 
has first been legibly stamped in ink on the back of each carcass and on 
the container in which each carcass is maintained, or each carcass is 
identified by a State band on leg or wing pursuant to requirements of 
his State license, permit, or authorization. When properly marked, such 
carcasses may be disposed of to, or acquired from, any person and 
possessed and transported in any number at any time or place.

[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981; 54 
FR 36798, Sept. 5, 1989]



Sec. 21.14  Permit exceptions for captive-reared migratory waterfowl other than mallard ducks.

    Any person may, without a permit, lawfully acquire captive-reared 
and properly marked migratory waterfowl of all species other than 
mallard ducks, alive or dead, or their eggs, and possess and transport 
such birds or eggs and any progeny or eggs therefrom solely for his own 
use subject to the following conditions and restrictions:
    (a) Such birds, alive or dead, or their eggs may be lawfully 
acquired only from holders of valid waterfowl sale and disposal permits, 
unless lawfully acquired outside of the United States, except that 
properly marked carcasses of such birds may also be lawfully acquired as 
provided under paragraph (c) of this section.
    (b) All progeny of such birds or eggs hatched, reared, and retained 
in captivity must be physically marked as defined in Sec. 21.13(b).
    (c) No such birds or eggs or any progeny or eggs thereof may be 
disposed of by any means, alive or dead, to any other person unless a 
waterfowl sale and disposal permit has first been secured authorizing 
such disposal: Provided, That bona fide clubs, hotels, restaurants, 
boarding houses, and dealers in meat and game may serve or sell to their 
customers the carcass of any such birds which they have acquired from 
the holder of a valid waterfowl sale and disposal permit.
    (d) Lawfully possessed and properly marked birds may be killed, in 
any number, at any time or place, by any means except shooting. Such 
birds may be killed by shooting only in accordance with all applicable 
hunting regulations governing the taking of like species from the wild. 
(See part 20 of this subchapter.)
    (e) At all times during possession, transportation, and storage 
until the raw carcasses of such birds are finally processed immediately 
prior to cooking, smoking, or canning, the marked foot or wing must 
remain attached to each carcass, unless such carcasses were marked as 
provided in Sec. 21.25(c)(4) and the foot or wing removed prior to 
acquisition.
    (f) When any such birds, alive or dead, or their eggs are acquired 
from a waterfowl sale and disposal permittee, the permittee shall 
furnish a copy of Form 3-186, Notice of Waterfowl Sale or Transfer, 
indicating all information required by the form and the method or 
methods by which individual birds are marked as required by Sec. 
21.25(c)(2). The buyer shall retain the Form 3-186 on

[[Page 60]]

file for the duration of his possession of such birds or eggs or progeny 
or eggs thereof.

[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981]



                  Subpart C_Specific Permit Provisions



Sec. 21.21  Import and export permits.

    (a) Permit requirement. (1) Except for migratory game birds imported 
in accordance with the provisions of subpart G of part 20 of this 
subchapter B, an import permit is required before any migratory birds, 
their parts, nests, or eggs may be imported.
    (2) An export permit is required before any migratory birds, their 
parts, nests, or eggs may be exported: Provided, that captive-reared 
migratory game birds that are marked in compliance with the provisions 
of Sec. 21.13(b) may be exported to Canada or Mexico without a permit. 
Provided further, that raptors lawfully possessed under a falconry 
permit issued pursuant to Sec. 21.28 of this part may be exported to or 
imported from Canada or Mexico without a permit for the purposes of 
attending bona fide falconry meets, as long as the person importing or 
exporting the birds returns the same bird(s) to the country of export 
following any such meet. Nothing in this paragraph, however, exempts any 
person from the permit requirements of parts 17, 22, and 23 of this 
subchapter.
    (b) Application procedures. Applications for permits to import or 
export migratory birds shall be submitted to the appropriate issuing 
office (see Sec. Sec. 10.22 and 13.11(b) of this subchapter). Each such 
application must contain the general information and certification 
required by Sec. 13.12(a)(5) of this subchapter plus the following 
additional information:
    (1) Whether importation or exportation is requested;
    (2) The species and numbers of migratory birds or their parts, 
nests, or eggs to be imported or exported;
    (3) The name and address of the person from whom such birds are 
being imported or to whom they are being exported;
    (4) The purpose of the importation or exportation;
    (5) The estimated date of arrival or departure of the shipment(s), 
and the port of entry or exit through which the shipment will be 
imported or exported; and
    (6) Federal and State permit numbers and type of permits authorizing 
possession, acquisition, or disposition of such birds, their parts, 
nests, or eggs where such a permit is required.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, import and export 
permits shall be subject to any requirements set forth in the permit.
    (d) Term of permit. An import or export permit issued or renewed 
under this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[54 FR 38151, Sept. 14, 1989]



Sec. 21.22  Banding or marking permits.

    (a) Permit requirement. A banding or marking permit is required 
before any person may capture migratory birds for banding or marking 
purposes or use official bands issued by the Service for banding or 
marking any migratory bird.
    (b) Application procedures. Applications for banding or marking 
permits shall be submitted by letter of application addressed to the 
Bird Banding Laboratory, Office of Migratory Bird Management, U.S. Fish 
and Wildlife Service, Laurel, Maryland 20708. Each such application 
shall contain the general information and certification set forth by 
Sec. 13.12(a) of this subchapter plus the following additional 
information:
    (1) Species and numbers proposed to be banded or marked;
    (2) Purpose of banding or marking;
    (3) State or States in which authorization is requested; and
    (4) Name and address of the public, scientific, or educational 
institution to which any specimens will be donated that are salvaged 
pursuant to paragraphs (c) (3) and (4) of this section.
    (c) Additional permit conditions. In addition to the general 
conditions set

[[Page 61]]

forth in part 13 of this subchapter B, banding or marking permits shall 
be subject to the following conditions:
    (1) The banding of migratory birds shall only be by official 
numbered leg bands issued by the Service. The use of any other band, 
clip, dye, or other method of marking is prohibited unless specifically 
authorized in the permit.
    (2) All traps or nets used to capture migratory birds for banding or 
marking purposes shall have attached thereto a tag or label clearly 
showing the name and address of the permittee and his permit number, or 
the area in which such traps or nets are located must be posted with 
notice of banding operations posters (Form 3-1155, available upon 
request from the Bird Banding Laboratory, Office of Migratory Bird 
Management, U.S. Fish and Wildlife Service, Laurel, Md. 20708) which 
shall bear the name and address of the permittee and the number of his 
permit.
    (3) The holder of a banding or marking permit may salvage, for the 
purpose of donating to a public scientific or educational institution, 
birds killed or found dead as a result of the permittee's normal banding 
operations, and casualties from other causes. All dead birds salvaged 
under authority of a migratory bird banding or marking permit must be 
donated and transferred to a public scientific or educational 
institution at least every 6 months or within 60 days of the time such 
permit expires or is revoked, unless the permittee has been issued a 
special permit authorizing possession for a longer period of time.
    (4) Permittees must keep accurate records of their operations and 
file reports as set forth in the North American Bird Banding Manual, or 
supplements thereto, in accordance with instructions contained therein.
    (d) Term of permit. A banding or marking permit issued or renewed 
under this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989]



Sec. 21.23  Scientific collecting permits.

    (a) Permit requirement. A scientific collecting permit is required 
before any person may take, transport, or possess migratory birds, their 
parts, nests, or eggs for scientific research or educational purposes.
    (b) Application procedures. Submit applications for scientific 
permits to the appropriate Regional Director (Attention: Migratory bird 
permit office). You can find addresses for the Regional Directors in 50 
CFR 2.2. Each application must contain the general information and 
certification required in Sec. 13.12(a) of this subchapter, and the 
following additional information:
    (1) Species and numbers of migratory birds or their parts, nests, or 
eggs to be taken or acquired when it is possible to determine same in 
advance;
    (2) Location or locations where such scientific collecting is 
proposed;
    (3) Statement of the purpose and justification for granting such a 
permit, including an outline of any research project involved;
    (4) Name and address of the public, scientific, or educational 
institution to which all specimens ultimately will be donated; and
    (5) If a State permit is required by State law, a statement as to 
whether or not the applicant possesses such State permit, giving its 
number and expiration date.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, scientific 
collecting permits shall be subject to the following conditions:
    (1) All specimens taken and possessed under authority of a 
scientific collecting permit must be donated and transferred to the 
public scientific, or educational institution designated in the permit 
application within 60 days following the date such permit expires or is 
revoked, unless the permittee has been issued a special purpose permit 
(See Sec. 21.27) authorizing possession for a longer period of time.
    (2) Unless otherwise provided on the permit, all migratory game 
birds taken pursuant to a scientific collecting permit during the open 
hunting season for such birds must be in conformance with part 20 of 
this subchapter;

[[Page 62]]

    (3) Unless specifically stated on the permit, a scientific 
collecting permit does not authorize the taking of live migratory birds 
from the wild.
    (4) In addition to any reporting requirement set forth in the 
permit, a report of the scientific collecting activities conducted under 
authority of such permit shall be submitted to the issuing officer on or 
before January 10 of each calendar year following the year of issue 
unless a different date is stated in the permit.
    (d) Term of permit. A scientific collecting permit issued or renewed 
under this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 
FR 52637, Oct. 1, 1998]



Sec. 21.24  Taxidermist permits.

    (a) Permit requirement. A taxidermist permit is required before any 
person may perform taxidermy services on migratory birds or their parts, 
nests, or eggs for any person other than himself.
    (b) Application procedures. Submit application for taxidermist 
permits to the appropriate Regional Director (Attention: Migratory bird 
permit office). You can find addresses for the Regional Directors in 50 
CFR 2.2. Each application must contain the general information and 
certification required in Sec. 13.12(a) of this subchapter, and the 
following additional information:
    (1) The address of premises where taxidermist services will be 
provided;
    (2) A statement of the applicant's qualifications and experience as 
a taxidermist; and
    (3) If a State permit is required by State law, a statement as to 
whether or not the applicant possesses such State permit, giving its 
number and expiration date.
    (c) Permit authorizations. A permit authorizes a taxidermist to:
    (1) Receive, transport, hold in custody or possession, mount or 
otherwise prepare, migratory birds, and their parts, nests, or eggs, and 
return them to another.
    (2) Sell properly marked, captive reared migratory waterfowl which 
he has lawfully acquired and mounted. Such mounted birds may be placed 
on consignment for sale and may be possessed by such consignee for the 
purpose of sale.
    (d) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, taxidermist 
permits shall be subject to the following conditions:
    (1) Permittees must keep accurate records of operations, on a 
calendar year basis, showing the names and addresses of persons from and 
to whom migratory birds or their parts, nests, or eggs were received or 
delivered, the number and species of such, and the dates of receipt and 
delivery. In addition to the other records required by this paragraph, 
the permittee must maintain in his files, the original of the completed 
Form 3-186, Notice of Waterfowl Sale or Transfer, confirming his 
acquisition of captive reared, properly marked migratory waterfowl from 
the holder of a current waterfowl sale and disposal permit.
    (2) Notwithstanding the provisions of paragraph (c) of this section, 
the receipt, possession, and storage by a taxidermist of any migratory 
game birds taken by another by hunting is not authorized unless they are 
tagged as required by Sec. 20.36 of this subchapter. The required tags 
may be removed during the taxidermy operations but must be retained by 
the taxidermist with the other records required to be kept and must be 
reattached to the mounted specimen after mounting. The tag must then 
remain attached until the mounted specimen is delivered to the owner.
    (e) Term of permit. A taxidermist permit issued or renewed under 
this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit will not exceed 
five (5) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 
FR 52637, Oct. 1, 1998; 70 FR 18320, Apr. 11, 2005]



Sec. 21.25  Waterfowl sale and disposal permits.

    (a) Permit requirement. A waterfowl sale and disposal permit is 
required before any person may lawfully sell, trade, donate, or 
otherwise dispose of,

[[Page 63]]

to another person, any species of captive-reared and properly marked 
migratory waterfowl or their eggs, except that such a permit is not 
required for such sales or disposals of captive-reared and properly 
marked mallard ducks or their eggs.
    (b) Application procedures. Submit application for waterfowl sale 
and disposal permits to the appropriate Regional Director (Attention: 
Migratory bird permit office). You can find addresses for the Regional 
Directors in 50 CFR 2.2. Each application must contain the general 
information and certification required in Sec. 13.12(a) of this 
subchapter, and the following additional information:
    (1) A description of the area where waterfowl are to be kept;
    (2) Species and numbers of waterfowl now in possession and a 
statement showing from whom these were obtained;
    (3) A statement indicating the method by which individual birds are 
marked as required by the provisions of this part 21; and
    (4) If a State permit is required by State law, a statement as to 
whether or not the applicant possesses such State permit, giving its 
number and expiration date.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, waterfowl sale and 
disposal permits shall be subject to the following conditions:
    (1) Permittees may not take migratory waterfowl or their eggs from 
the wild, and may not acquire such birds or their eggs from any person 
not authorized by a valid permit issued pursuant to this part to dispose 
of such birds or their eggs.
    (2) All live migratory waterfowl possessed in captivity under 
authority of a valid waterfowl sale and disposal permit shall have been, 
prior to 6 weeks of age, physically marked as defined in Sec. 21.13(b). 
All offspring of such birds hatched, reared, and retained in captivity 
shall be so marked prior to attaining 6 weeks of age. The preceding does 
not apply to captive adult geese, swans, and brant which were marked 
previous to March 1, 1967, by a ``V'' notch in the web of one foot, nor 
to such birds held in captivity at public zoological parks, and public 
scientific or educational institutions.
    (3) Such properly marked birds may be killed, in any number, at any 
time or place, by any means except shooting. Such birds may be killed by 
shooting only in accordance with all the applicable hunting regulations 
governing the taking of like species from the wild.
    (4) At all times during possession, transportation, and storage 
until the raw carcasses of such birds are finally processed immediately 
prior to cooking, smoking, or canning, the marked foot or wing must 
remain attached to each carcass: Provided, That permittees who are also 
authorized to sell game under a State license, permit or authorization 
may remove the marked foot or wing from the raw carcasses if the number 
of his State license, permit, or authorization has first been legibly 
stamped in ink on the back of each carcass and on the wrapping or 
container in which each carcass is maintained, or each carcass is 
identified by a State band on leg or wing pursuant to requirements of 
his State license, permit, or authorization.
    (5) Such properly marked birds, alive or dead, or their eggs may be 
disposed of in any number, at any time or place, to any person: 
Provided, That all such birds shall be physically marked prior to sale 
or disposal regardless of whether or not they have attained 6 weeks of 
age: And provided further, That on each date that any such birds or 
their eggs, are transferred to another person, the permittee must 
complete a Form 3-186, Notice of Waterfowl Sale or Transfer, indicating 
all information required by the form and the method or methods by which 
individual birds are marked as required by Sec. 21.25(c)(2). (Service 
will provide supplies of form.) The permittee will furnish the original 
of completed Form 3-186 to the person acquiring the birds or eggs; 
retain one copy in his files as a record of his operations: attach one 
copy to the shipping container for the birds or eggs, or include the 
copy in shipping documents which accompany the shipment; and, on or 
before the last day of each month, mail two copies of each form

[[Page 64]]

completed during that month to the office of the Fish and Wildlife 
Service which issued his permit.
    (6) Permittees shall submit an annual report within 10 days 
following the 31st day of December of each calendar year to the office 
of the Fish and Wildlife Service which issued the permit. The 
information provided shall give the total number of waterfowl by species 
in possession on that date and the method or methods by which individual 
birds are marked as required by the provisions of this part 21.
    (d) Term of permit. A waterfowl sale and disposal permit issued or 
renewed under this part expires on the date designated on the face of 
the permit unless amended or revoked, but the term of the permit will 
not exceed five (5) years from the date of issuance or renewal.

[40 FR 28460, July 7, 1975, as amended at 54 FR 38151, Sept. 14, 1989; 
63 FR 52637, Oct. 1, 1998; 70 FR 18320, Apr. 11, 2005]



Sec. 21.26  Special Canada goose permit.

    (a) What is the special Canada goose permit and what is its purpose? 
The special Canada goose permit is a permit issued by us to a State 
wildlife agency authorizing certain resident Canada goose management and 
control activities that are normally prohibited. We will only issue such 
a permit when it will contribute to human health and safety, protect 
personal property, or allow resolution or prevention of injury to people 
or property. The management and control activities conducted under the 
permit are intended to relieve or prevent injurious situations only. No 
person should construe the permit as opening, reopening, or extending 
any hunting season contrary to any regulations established under Section 
3 of the Migratory Bird Treaty Act.
    (b) Who may receive a permit? Only State wildlife agencies (State) 
are eligible to receive a permit to undertake the various goose 
management and control activities. Additionally, only employees or 
designated agents of a permitted State wildlife agency may undertake 
activities for injurious resident Canada geese in accordance with the 
conditions specified in the permit, conditions contained in 50 CFR part 
13, and conditions specified in paragraph (d) of this section.
    (c) How does a State apply for a permit? Any State wildlife agency 
wishing to obtain a permit must submit an application to the appropriate 
Regional Director (see Sec. 13.11(b) of this subchapter) containing the 
general information and certification required by Sec. 13.12(a) of this 
subchapter plus the following information:
    (1) A detailed statement showing that the goose management and 
control activities will either provide for human health and safety, 
protect personal property, or allow resolution of other injury to people 
or property;
    (2) An estimate of the size of the resident Canada goose breeding 
population in the State;
    (3) The requested annual take of resident Canada geese, including 
eggs and nests;
    (4) A statement indicating that the State will inform and brief all 
employees and designated agents of the requirements of these regulations 
and permit conditions.
    (d) What are the conditions of the permit? The special Canada goose 
permits are subject to the general conditions in 50 CFR part 13, the 
conditions elsewhere in this section, and, unless otherwise specifically 
authorized on the permit, the conditions outlined below:
    (1) What are the limitations on management and control activities? 
(i) Take of resident Canada geese as a management tool under this 
section may not exceed the number authorized by the permit. States 
should utilize non-lethal goose management tools to the extent they deem 
appropriate in an effort to minimize lethal take.
    (ii) Methods of take for the control of injurious resident Canada 
geese are at the State's discretion. Methods include, but are not 
limited to, firearms, alpha-chloralose, traps, egg and nest manipulation 
and other damage control techniques consistent with accepted wildlife 
damage-management programs.
    (2) When may a State conduct management and control activities? 
States and their employees and agents may conduct management and control 
activities, including the take of resident

[[Page 65]]

Canada geese, under this section between March 11 and August 31. In 
California, Oregon and Washington, in areas where the threatened 
Aleutian Canada goose (B. c. leucoperia) has been present during the 
previous 10 years, lethal control activities are restricted to May 1 
through August 31, inclusive.
    (3) How must the States dispose or utilize geese taken under this 
permit? States and their employees and agents may possess, transport, 
and otherwise dispose of Canada geese taken under this section. States 
must utilize such birds by donation to public museums or public 
institutions for scientific or educational purposes, by processing them 
for human consumption and distributing them free of charge to charitable 
organizations, or by burying or incinerating them. States, their 
employees, and designated agents may not sell, offer for sale, barter, 
or ship for the purpose of sale or barter any Canada geese taken under 
this section, nor their plumage or eggs.
    (4) How does the permit relate to existing State law? No person 
conducting management and control activities under this section should 
construe the permit to authorize the killing of injurious resident 
Canada geese contrary to any State law or regulation, nor on any Federal 
land without specific authorization by the responsible management 
agency. No person may exercise the privileges granted under this section 
unless they possess any permits required for such activities by any 
State or Federal land manager.
    (5) When conducting management and control activities, are there any 
special inspection requirements? Any State employee or designated agent 
authorized to carry out management and control activities must have a 
copy of the permit and designation in their possession when carrying out 
any activities. The State must also require the property owner or 
occupant on whose premises the State is conducting activities to allow, 
at all reasonable times, including during actual operations, free and 
unrestricted access to any Service special agent or refuge officer, 
State wildlife or deputy wildlife agent, warden, protector, or other 
wildlife law enforcement officer (wildlife officer) on the premises 
where they are, or were, conducting activities. Furthermore, any State 
employee or designated agent conducting such activities must promptly 
furnish whatever information is required concerning such activities to 
any such wildlife officer.
    (6) What are the reporting requirements of the permit? Any State 
employee or designated agent exercising the privileges granted by this 
section must keep records of all activities carried out under the 
authority of this permit, including the number of Canada geese killed 
and their disposition. The State must submit an annual report detailing 
activities, including the time, numbers and location of birds, eggs, and 
nests taken and non-lethal techniques utilized, before December 31 of 
each year. The State should submit the annual report to the appropriate 
Assistant Regional Director--Refuges and Wildlife (see Sec. 10.22 of 
this subchapter).
    (7) What are the limitations of the special permit? The following 
limitations apply:
    (i) Nothing in this section applies to any Federal land within a 
State's boundaries without written permission of the Federal Agency with 
jurisdiction.
    (ii) States may not undertake any actions under any permit issued 
under this section if the activities adversely affect other migratory 
birds or species designated as endangered or threatened under the 
authority of the Endangered Species Act.
    (iii) We will only issue permits to State wildlife agencies in the 
conterminous United States.
    (iv) States may designate agents who must operate under the 
conditions of the permit.
    (v) How long is the special permit valid? A special Canada goose 
permit issued or renewed under this section expires on the date 
designated on the face of the permit unless it is amended or revoked or 
such time that we determine that the State's population of resident 
Canada geese no longer poses a threat to human health or safety, 
personal property, or injury to other interests. In all cases, the term 
of the permit may not exceed five (5) years from the date of issuance or 
renewal.

[[Page 66]]

    (vi) Can we revoke the special permit? We reserve the right to 
suspend or revoke any permit, as specified in Sec. Sec. 13.27 and 13.28 
of this subchapter.
    (e) What are the OMB information collection requirements of the 
permit program? OMB has approved the information collection requirements 
of the permit and assigned clearance number 1018-0099. Federal agencies 
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. We will use the information collection requirements to 
administer this program and in the issuance and monitoring of these 
special permits. We will require the information from State wildlife 
agencies responsible for migratory bird management in order to obtain a 
special Canada goose permit, and to determine if the applicant meets all 
the permit issuance criteria, and to protect migratory birds. We 
estimate the public reporting burden for this collection of information 
to average 8 hours per response for 45 respondents (States), including 
the time for reviewing instructions, gathering and maintaining data 
needed, and completing and reviewing the collection of information. 
Thus, we estimate the total annual reporting and record-keeping for this 
collection to be 360 hours. States may send comments regarding this 
burden estimate or any other aspect of this collection of information, 
including suggestions for reducing the burden, to the Service 
Information Collection Clearance Officer, Fish and Wildlife Service, ms 
224-ARLSQ, 1849 C Street N.W., Washington, DC 20240, or the Office of 
Management and Budget, Paperwork Reduction Project 1018-0099, 
Washington, DC 20503.

[64 FR 32774, June 17, 1999]



Sec. 21.27  Special purpose permits.

    Permits may be issued for special purpose activities related to 
migratory birds, their parts, nests, or eggs, which are otherwise 
outside the scope of the standard form permits of this part. A special 
purpose permit for migratory bird related activities not otherwise 
provided for in this part may be issued to an applicant who submits a 
written application containing the general information and certification 
required by part 13 and makes a sufficient showing of benefit to the 
migratory bird resource, important research reasons, reasons of human 
concern for individual birds, or other compelling justification.
    (a) Permit requirement. A special purpose permit is required before 
any person may lawfully take, salvage, otherwise acquire, transport, or 
possess migratory birds, their parts, nests, or eggs for any purpose not 
covered by the standard form permits of this part. In addition, a 
special purpose permit is required before any person may sell, purchase, 
or barter captive-bred, migratory game birds, other than waterfowl, that 
are marked in compliance with Sec. 21.13(b) of this part.
    (b) Application procedures. Submit application for special purpose 
permits to the appropriate Regional Director (Attention: Migratory bird 
permit office). You can find addresses for the Regional Directors in 50 
CFR 2.2. Each application must contain the general information and 
certification required in Sec. 13.12(a) of this subchapter, and the 
following additional information:
    (1) A detailed statement describing the project or activity which 
requires issuance of a permit, purpose of such project or activity, and 
a delineation of the area in which it will be conducted. (Copies of 
supporting documents, research proposals, and any necessary State 
permits should accompany the application);
    (2) Numbers and species of migratory birds involved where same can 
reasonably be determined in advance; and
    (3) Statement of disposition which will be made of migratory birds 
involved in the permit activity.
    (c) Additional permit conditions. Inaddition to the general 
conditions set forth in part 13 of this subchapter B, special purpose 
permits shall be subject to the following conditions:
    (1) Permittees shall maintain adequate records describing the 
conduct of the permitted activity, the numbers and species of migratory 
birds acquired and disposed of under the permit, and inventorying and 
identifying all migratory birds held on December 31 of each

[[Page 67]]

calendar year. Records shall be maintained at the address listed on the 
permit; shall be in, or reproducible in English; and shall be available 
for inspection by Service personnel during regular business hours. A 
permittee may be required by the conditions of the permit to file with 
the issuing office an annual report of operation. Annual reports, if 
required, shall be filed no later than January 31 of the calendar year 
followng the year for which the report is required. Reports, if 
required, shall describe permitted activities, numbers and species of 
migratory birds acquired and disposed of, and shall inventory and 
describe all migratory birds possessed under the special purpose permit 
on December 31 of the reporting year.
    (2) Permittees shall make such other reports as may be requested by 
the issuing officer.
    (3) All live, captive-bred, migratory game birds possessed under 
authority of a valid special purpose permit shall be physically marked 
as defined in Sec. 21.13(b) of this part.
    (4) No captive-bred migratory game bird may be sold or bartered 
unless marked in accordance with Sec. 21.13(b) of this part.
    (5) No permittee may take, purchase, receive or otherwise acquire, 
sell, barter, transfer, or otherwise dispose of any captive-bred 
migratory game bird unless such permittee submits a Service form 3-186A 
(Migratory Bird Acquisition/Disposition Report), completed in accordance 
with the instructions on the form, to the issuing office within five (5) 
days of such transaction.
    (6) No permittee, who is authorized to sell or barter migratory game 
birds pursuant to a permit issued under this section, may sell or barter 
such birds to any person unless that person is authorized to purchase 
and possess such migratory game birds under a permit issued pursuant to 
this part and part 13, or as permitted by regulations in this part.
    (d) Term of permit. A special purpose permit issued or renewed under 
this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38152, Sept. 14, 1989; 63 
FR 52637, Oct. 1, 1998]



Sec. 21.28  Falconry permits.

    (a) Permit requirements. A falconry permit is required before any 
person may take, possess, transport, sell, purchase, barter, offer to 
sell, purchase, or barter raptors for falconry purposes.
    (b) Application procedures. (1) An applicant who wishes to practice 
falconry in a State listed in Sec. 21.29(k) of this part and which has 
been designated as a participant in a cooperative Federal/State permit 
application program may submit an application for a falconry permit to 
the appropriate agency of that State. Each such application must 
incorporate a completed official form approved by the Service and must 
include in addition to the general information required by part 13 of 
this subchapter all of the following:
    (i) The number of raptors the applicant possesses at the time the 
application is submitted, including the species, age (if known), sex (if 
known), date of acquisition, and source of each;
    (ii) A check or money order made payable to ``U.S. Fish and Wildlife 
Service'' in the amount of the application fee listed in Sec. 13.11(d) 
of this subchapter.
    (iii) An original, signed certification concerning the validity of 
the information provided in the application in the form set forth in 
Sec. 13.12(a)(5).
    (iv) Any additional information requested by the State to which the 
application is submitted.
    (2) Upon receipt of a joint application by a State listed in Sec. 
21.29(k) as a participant in a cooperative Federal/State permit 
application program, the State will process the application for a State 
falconry permit in accordance with its own procedures. A copy of the 
application, the check or money order for Federal permit fees, and the 
original, signed certification required by paragraph (b)(1)(iii) of this 
section will be forwarded to the issuing office of the Service 
designated by Sec. 13.11(b) of this subchapter. If the State decides to 
issue a falconry permit based upon the application, a copy of the permit 
will

[[Page 68]]

also be forwarded to the appropriate issuing office of the Service.
    (3) An applicant who wishes to practice falconry in a State listed 
in Sec. 21.29(k) of this subchapter, but which does not participate in 
a cooperative Federal/State permit application program must submit a 
written application for a falconry permit to the issuing office 
designated by Sec. 13.11(b) of this subchapter. Each application must 
contain the general information and certification required by Sec. 
13.12(a) of this subchapter plus a copy of a valid State falconry permit 
issued to the applicant by a State listed in Sec. 21.19(k) of this 
subchapter.
    (c) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (b) of this section that meets all 
requirements of this part, the Director will issue a permit. In addition 
to meeting the general criteria in Sec. 13.21(b), the applicant must 
have a valid State falconry permit issued by a State listed in Sec. 
21.29(k) of this subchapter.
    (d) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section shall be subject to the following special conditions:
    (1) A permittee may not take, transport, or possess a golden eagle 
(Aquila chrysaetos) unless authorized in writing under Sec. 22.24 of 
this subchapter.
    (2) A permit issued under this section is not valid unless the 
permittee has a valid State falconry permit issued by a State listed in 
Sec. 21.29(k) of this subchapter.
    (3) A permittee may not take, possess, transport, sell, purchase, 
barter, or transfer any raptor for falconry purposes except under 
authority of a Federal falconry permit issued under this section and in 
compliance with the Federal falconry standards set forth in Sec. 21.29 
of this subchapter.
    (4) No permittee may take, purchase, receive, or otherwise acquire, 
sell, barter, transfer, or otherwise dispose of any raptor unless such 
permittee submits a form 3-186A (Migratory Bird Acquisition/Disposition 
Report), completed in accordance with the instructions on the form, to 
the issuing office within five (5) calendar days of any such 
transaction.
    (5) No raptor may be possessed under authority of a falconry permit 
unless the permittee has a properly completed form 3-186A (Migratory 
Bird Acquisition/Disposition Report) for each bird possessed, except as 
provided in paragraph (d)(4) of this section.
    (6) A raptor possessed under authority of a falconry permit may be 
temporarily held by a person other than the permittee for maintenance 
and care for a period not to exceed thirty (30) days. The raptor must be 
accompanied at all times by a properly completed form 3-186A (Migratory 
Bird Acquisition/Disposition Report) designating the person caring for 
the raptor as the possessor of record and by a signed, dated statement 
from the permittee authorizing the temporary possession.
    (7) A permittee may not take, possess, or transport any peregrine 
falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk 
(Parabuteo unicinctus) unless such bird is banded either by a seamless 
numbered band provided by the Service or by a permanent, non-reusable 
band provided by the Service.
    (i) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco 
rusticolus), or Harris hawk (Parabuteo unicinctus) taken from the wild 
must be reported to the issuing office within five (5) days of taking 
and must be banded with a permanent, non-reusable band provided by the 
Service. No raptor removed from the wild may be banded with a seamless 
numbered band.
    (ii) The loss or removal of any band must be reported to the issuing 
office within five (5) working days of the loss. The lost band must be 
replaced by a permanent, non-reusable band supplied by the Service. A 
form 3-186A (Migratory Bird Acquisition/Disposition Report) must be 
filed in accordance with paragraph (d)(4) of this section reporting the 
loss of the band and rebanding.
    (8) A permittee may not sell, purchase, barter, or offer to sell, 
purchase or barter any raptor unless the raptor is marked on the 
metatarsus by a seamless, numbered band supplied by the Service.
    (9) A permittee may not propagate raptors without prior acquisition 
of a valid raptor propagation permit issued under section 21.30 of this 
subchapter.

[[Page 69]]

    (e) Term of permit. A falconry permit issued or renewed under this 
part expires on the date designated on the face of the permit unless 
amended or revoked, but the term of the permit shall not exceed three 
(3) years from the date of issuance or renewal.

[54 FR 38152, Sept. 14, 1989]



Sec. 21.29  Federal falconry standards.

    (a) Before you can practice falconry in any State. You cannot take, 
possess, transport, sell, purchase, barter, or offer to sell, purchase, 
or barter any raptor for falconry purposes, in any State unless the 
State allows the practice of falconry, and the State has submitted 
copies of its laws and regulations governing the practice of falconry to 
us (Director), and we have determined that they meet or exceed the 
Federal falconry standards established in this section. If you are a 
Federal falconry permittee, you can possess and transport for falconry 
purposes a lawfully possessed raptor through States that do not allow 
falconry or meet Federal falconry standards so long as the raptors 
remain in transit in interstate commerce. The States that are in 
compliance with Federal falconry standards are listed in paragraph (k) 
of this section.
    (b) More restrictive State laws. Nothing in this section shall be 
construed to prevent a State from making and enforcing laws or 
regulations not inconsistent with the standards contained in any 
convention between the United States and any foreign country for the 
protection of raptors or with the Migratory Bird Treaty Act, and which 
shall give further protection to raptors.
    (c) What is the process for Federal approval of a State program? Any 
State that wishes to allow the practice of falconry must submit to the 
Director of the Service a copy of the laws and regulations that govern 
the practice of falconry in the State. If we determine that they meet or 
exceed the Federal standards, which are established by this section, we 
will publish a notice in the Federal Register adding the State to the 
list of approved States in paragraph (k) of this section. Any State that 
was listed in paragraph (k) prior to September 14, 1989, is considered 
to be in compliance with our standards.
    (d) Permit. State laws or regulations shall provide that a valid 
State falconry permit from either that State or another State meeting 
Federal falconry standards and listed in paragraph (k) of this section 
is required before any person may take, possess, or transport a raptor 
for falconry purposes or practice falconry in that State.
    (e) Classes of permits. States may have any number of classes of 
falconry permits provided the standards are not less restrictive than 
the following:
    (1) Apprentice (or equivalent) class. (i) Permittee shall be at 
least 14 years old;
    (ii) A sponsor who is a holder of a General or Master Falconry 
Permit or equivalent class is required for the first two years in which 
an apprentice permit is held, regardless of the age of the permittee. A 
sponsor may not have more than three apprentices at any one time;
    (iii) Permittee shall not possess more than one raptor and may not 
obtain more than one raptor for replacement during any 12-month period; 
and
    (iv) Permittee shall possess only the following raptors which must 
be taken from the wild: an American kestrel (Falco sparverius), a red-
tailed hawk (Buteo jamaicensis), a red-shouldered hawk (Buteo lineatus), 
or, in Alaska only, a goshawk (Accipiter gentilis).
    (2) General (or equivalent) class. (i) A permittee shall be at least 
18 years old;
    (ii) A permittee shall have at least two years experience in the 
practice of falconry at the apprentice level or its equivalent;
    (iii) A permittee may not possess more than two raptors and may not 
obtain more than two raptors for replacement birds during any 12-month 
period; and
    (iv) A permittee may not take, transport, or possess any golden 
eagle or any species listed as threatened or endangered in part 17 of 
this subchapter.
    (3) Master (or equivalent) class. (i) An applicant shall have at 
least five years experience in the practice of falconry at the general 
class level or its equivalent.
    (ii) A permittee may not possess more than three raptors and may not

[[Page 70]]

obtain more than two raptors taken from the wild for replacement birds 
during any 12-month period;
    (iii) A permittee may not take any species listed as endangered in 
part 17 of this chapter, but may transport or possess such species in 
accordance with part 17 of this chapter.
    (iv) A permittee may not take, transport, or possess any golden 
eagle for falconry purposes unless authorized in writing under Sec. 
22.24 of this subchapter;
    (v) A permittee may not take, in any twelve (12) month period, as 
part of the three-bird limitation, more than one raptor listed as 
threatened in part 17 of this chapter, and then only in accordance with 
part 17 of this chapter.
    (f) Examination. State laws or regulations shall provide that before 
any State falconry permit is issued the applicant shall be required to 
answer correctly at least 80 percent of the questions on a supervised 
examination provided or approved by the Service and administered by the 
State, relating to basic biology, care, and handling of raptors, 
literature, laws, regulations or other appropriate subject matter.
    (g) Facilities and equipment. Statelaws or regulations shall provide 
that before a State falconry permit is issued the applicant's raptor 
housing facilities and falconry equipment shall be inspected and 
certified by a representative of the State wildlife department as 
meeting the following standards:
    (1) Facilities. The primary consideration for raptor housing 
facilities whether indoors (mews) or outdoors (weathering area) is 
protection from the environment, predators, or undue disturbance. The 
applicant shall have the following facilities, except that depending 
upon climatic conditions, the issuing authority may require only one of 
the facilities described below.
    (i) Indoor facilities (mews) shall be large enough to allow easy 
access for caring for the raptors housed in the facility. If more than 
one raptor is to be kept in the mews, the raptors shall be tethered or 
separated by partitions and the area for each bird shall be large enough 
to allow the bird to fully extend its wings. There shall be at least one 
window, protected on the inside by vertical bars, spaced narrower than 
the width of the bird's body, and a secure door that can be easily 
closed. The floor of the mews shall permit easy cleaning and shall be 
well drained. Adequate perches shall be provided.
    (ii) Outdoor facilities (weathering area) shall be fenced and 
covered with netting or wire, or roofed to protect the birds from 
disturbance and attack by predators except that perches more than 6\1/2\ 
feet high need not be covered or roofed. The enclosed area shall be 
large enough to insure the birds cannot strike the fence when flying 
from the perch. Protection from excessive sun, wind, and inclement 
weather shall be provided for each bird. Adequate perches shall be 
provided.
    (2) Equipment. The following items shall be in the possession of the 
applicant before he can obtain a permit or license:
    (i) Jesses--At least 1 pair of Alymeri jesses or similar type 
constructed of pliable, high-quality leather or suitable synthetic 
material to be used when any raptor is flown free. (Traditional 1-piece 
jesses may be used on raptors when not being flown.);
    (ii) Leashes and swivels--At least 1 flexible, weather-resistant 
leash and 1 strong swivel of acceptable falconry design;
    (iii) Bath container--At least 1 suitable container, 2 to 6 inches 
deep and wider than the length of the raptor, for drinking and bathing 
for each raptor;
    (iv) Outdoor perches--At least 1 weathering area perch of an 
acceptable design shall be provided for each raptor; and
    (v) Weighing device--A reliable scale or balance suitable for 
weighing the raptor(s) held and graduated to increments of not more than 
\1/2\ ounce (15 gram) shall be provided.
    (3) Maintenance. All facilities and equipment shall be kept at or 
above the preceding standards at all times.
    (4) Transportation; temporary holding. A raptor may be transported 
or held in temporary facilities which shall be provided with an adequate 
perch and protected from extreme temperatures and excessive disturbance, 
for a period not to exceed 30 days.
    (h) Marking. All peregrine falcons (Falco peregrinus), gyrfalcon 
(Falco rusticolus), and Harris hawk (Parabuteo

[[Page 71]]

unicinctus) possessed for falconry purposes must be marked in accordance 
with the following provisions:
    (1) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco 
rusticolus), or Harris hawk (Parabuteo unicinctus), except a captive 
bred raptor lawfully marked by a numbered, seamless band issued by the 
Service, must be banded with a permanent, non-reusable, numbered band 
issued by the Service.
    (2) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco 
rusticolus), or Harris hawk (Parabuteo unicinctus) possessed for 
falconry purposes must be banded at all times in accordance with these 
standards. Loss or removal of any band must be reported to the issuing 
office within five (5) working days of the loss and must be replaced 
with a permanent, non-reusable, numbered band supplied by the Service.
    (i) Taking restrictions. State laws or regulations shall provide the 
following restrictions on the taking of raptors from the wild:
    (1) Young birds not yet capable of flight (eyasses) may only be 
taken by a General or Master Falconer during the period specified by the 
State and no more than two eyasses may be taken by the same permittee 
during the specified period.
    (2) First-year (passage) birds may be taken only during the period 
specified by the State;
    (3) In no case shall the total of all periods of taking of eyasses 
or passage birds exceed 180 days during a calendar year, except that a 
marked raptor may be retrapped at any time; and
    (4) Only American kestrels (Falcosparverius) and great-horned owls 
(Bubo virginianus) may be taken when over one year old, except that any 
raptor other than endangered or threatened species taken under a 
depredation (or special purpose) permit may be used for falconry by 
General and Master falconers.
    (j) Other restrictions. State laws or regulations shall provide the 
following restrictions or conditions:
    (1) A person who possesses a lawfully acquired raptor before the 
enactment of these regulations and who fails to meet the permit 
requirements shall be allowed to retain the raptors. All such birds 
shall be identified with markers supplied by the Service and cannot be 
replaced if death, loss, release, or escape occurs.
    (2) If you possessed raptors before January 15, 1976, the date these 
regulations were enacted, and you had more than the number allowed under 
your permit, you may retain the extra raptors. However, each of those 
birds must be identified with markers we supplied, and you cannot 
replace any birds, nor can you obtain any additional raptors, until the 
number in your possession is at least one fewer than the total number 
authorized by the class of permit you hold.
    (3) A falconry permit holder shall obtain written authorization from 
the appropriate State wildlife department before any species not 
indigenous to that State is intentionally released to the wild, at which 
time the marker from the released bird shall be removed and surrendered 
to the State wildlife department. The marker from an intentionally 
released bird which is indigenous to that State shall also be removed 
and surrendered to the State wildlife department. A standard Federal 
bird band shall be attached to such birds by the State or Service-
authorized Federal bird bander whenever possible.
    (4) A raptor possessed under authority of a falconry permit may be 
temporarily held by a person other than the permittee only if that 
person is otherwise authorized to possess raptors, and only if the 
raptor is accompanied at all times by the properly completed form 3-186A 
(Migratory Bird Acquisition/Disposition Report) designating the 
permittee as the possessor of record and by a signed, dated statement 
from the permittee authorizing the temporary possession.
    (5) Feathers that are molted or those feathers from birds held in 
captivity that die, may be retained and exchanged by permittees only for 
imping purposes.
    (k) States meeting Federal falconry standards. We have determined 
that the following States meet or exceed the minimum Federal falconry 
standards established in this section for regulating the taking, 
possession, and transportation of raptors for the purpose of falconry. 
The States that are

[[Page 72]]

participants in a cooperative Federal/State permit system are designated 
by an asterisk (*).

*Alabama, *Alaska, Arizona, *Arkansas, *California, *Colorado, 
Connecticut, *Delaware, *Florida, *Georgia, *Idaho, *Illinois, *Indiana, 
*Iowa, *Kansas, *Kentucky, *Louisiana, Maine, Maryland, Massachusetts, 
*Michigan, *Minnesota, *Mississippi, Missouri, *Montana, *Nebraska, 
*Nevada, *New Hampshire, *New Jersey, New Mexico, New York, *North 
Carolina, *North Dakota, *Ohio, Oklahoma, *Oregon, Pennsylvania, Rhode 
Island, *South Carolina, *South Dakota, *Tennessee, Texas, Utah, 
*Vermont, *Virginia, *Washington, West Virginia, *Wisconsin, *Wyoming.

[41 FR 2238, Jan. 15, 1976; 41 FR 8053, Feb. 24, 1976, as amended at 42 
FR 42353, Aug. 23, 1977; 43 FR 968, Jan. 5, 1978; 43 FR 10566, Mar. 14, 
1978; 43 FR 34150, Aug. 3, 1978; 43 FR 57606, Dec. 8, 1978; 45 FR 25066, 
Apr. 14, 1980; 45 FR 70276, Oct. 23, 1980; 48 FR 31608, July 8, 1983; 48 
FR 42820, Sept. 20, 1983; 54 FR 38153, Sept. 14, 1989; 59 FR 11204, Mar. 
10, 1994; 64 FR 48566, Sept. 7, 1999; 65 FR 49509, Aug. 14, 2000; 70 FR 
34698, June 15, 2005]



Sec. 21.30  Raptor propagation permits.

    (a) Permit requirement. A raptor propagation permit is required 
before any person may take, possess, transport, import, purchase, 
barter, or offer to sell, purchase, or barter any raptor, raptor egg, or 
raptor semen for propagation purposes.
    (b) Application procedures. Submit application for raptor 
propagation permits to the appropriate Regional Director (Attention: 
Migratory bird permit office). You can find addresses for the Regional 
Directors in 50 CFR 2.2. Each application must contain the general 
information and certification required in Sec. 13.12(a) of this 
subchapter, and the following additional information:
    (1) A statement indicating the purpose(s) for which a raptor 
propagation permit is sought and, where applicable, the scientific or 
educational objectives of the applicant;
    (2) A statement indicating whether the applicant has been issued a 
State permit authorizing raptor propagation (include name of State, 
permit number, and expiration date);
    (3) A statement fully describing the nature and extent of the 
applicant's experience with raptor propagation or handling raptors;
    (4) A description of each raptor the applicant possesses or will 
acquire for propagation purposes to include the species, age (if known), 
sex (if known), date of acquisition, source, and raptor marker number;
    (5) A description of each raptor the applicant possesses for 
purposes other than raptor propagation to include the species, age (if 
known), sex (if known), date of acquisition, source, raptor marker 
number, and purpose for which it is possessed;
    (6) A description and photographs of the facilities and equipment to 
be used by the applicant including the dimensions of any structures 
intended for housing the birds;
    (7) A statement indicating whether the applicant requests authority 
to take raptors or raptor eggs from the wild.
    (c) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (b) of this section, the Director will decide 
whether a permit should be issued. In making this decision, the Director 
shall consider, in addition to the general criteria in Sec. 13.21(b) of 
this chapter, the following factors:
    (1) Whether an applicant's raptor propagation facilities are 
adequate for the number and species of raptors to be held under the 
permit.
    (2) Whether propagation is authorized by the State in which the 
propagation will occur, and if authorized, whether the applicant has any 
required State propagation permit.
    (3) Whether the applicant is at least 18 years old with a minimum of 
2 years experience handling raptors, and if the applicant requests 
authority to propagate endangered or threatened species, whether the 
applicant is at least 23 years old with a minimum of 7 years experience 
handling raptors.
    (4) If the applicant requests authority to take raptors or raptor 
eggs from the wild:
    (i) Whether issuance of the permit would have a significant effect 
on any wild population of raptors;
    (ii) Whether suitable captive stock is available; and
    (iii) Whether wild stock is needed to enhance the genetic 
variability of captive stock.

[[Page 73]]

    (d) Additional permit conditions. In addition to the general 
conditions found in part 13 of this chapter, raptor propagation permits 
are subject to the following additional conditions:
    (1) Facilities. Any tethered raptor possessed under this permit must 
be maintained in accordance with the Federal falconry standards for 
``facilities and equipment'' described in Sec. 21.29(g), unless a 
specific exception in writing is obtained. For untethered raptors, the 
breeding facilities must be soundly constructed and entirely enclosed 
with wood, wire netting, or other suitable material which provides a 
safe, health, environment. The design of such facilities and ancillary 
equipment must:
    (i) Minimize the risk of injury by providing protection from 
predators, disturbances that would likely cause harm, extreme weather 
conditions, and collision with interior or perimeter construction 
materials and equipment such as support poles, windows, wire netting, 
perches, or lights;
    (ii) Enhance sanitation by providing a well-drained floor, fresh air 
ventilation, source of light, fresh water for bathing and drinking, 
access for cleaning, and interior construction materials suitable for 
thorough cleaning or disinfection; and
    (iii) Enhance the welfare and breeding success of the raptors by 
providing suitable perches, nesting and feeding sites, and observation 
ports or inspection windows during times when disturbance is felt to be 
undesirable.
    (2) Incubation of eggs. Each permittee must notify the Director in 
writing within 5 days from the day the first egg is laid by any raptor 
held under a raptor propagation permit, but notice is not required more 
often than once every 60 days.
    (3) Marking requirement. Unless otherwise specifically exempted, 
every raptor possessed for propagation, including all progeny produced 
pursuant to the permitted activity, must be banded in accordance with 
the following provisions:
    (i) Except for captive-bred raptors lawfully marked with a seamless, 
numbered band provided by the Service, any raptor possessed for 
propagation purposes shall be banded with a permanent, non-reusable, 
numbered band issued by the Service.
    (ii) Unless specifically exempted by the conditions of the raptor 
propagation permit, each captive-bred raptor produced under authority of 
a raptor propagation permit shall be banded within two (2) weeks of 
hatching with a numbered, seamless band provided by the Service, placed 
on the raptor's leg (metatarsus). In marking captive-bred raptors, 
permittees:
    (A) Shall use a band with an opening (inside diameter) which is 
small enough to prevent its removal when the raptor is fully grown 
without causing serious injury to the raptor or damaging the bands 
integrity or one-piece construction;
    (B) May band a raptor with more than one size band when the 
potential diameter of the raptor's leg at maturity cannot be determined 
at the time of banding;
    (C) Shall remove all but one band from any raptor with more than one 
band before the raptor is five (5) weeks of age and return all bands 
removed to the issuing office.
    (iii) No raptor taken from the wild, produced from an egg taken from 
the wild, or produced from an egg from any source other than bred in 
captivity under authority of a raptor propagation permit may be banded 
with a numbered seamless band issued by the Service.
    (iv) No permittee under this section may band any raptor with any 
band issued or authorized by the Service unless that raptor is lawfully 
possessed by the permittee.
    (4) Taking Raptors or Raptor Eggs from the Wild. Any permit 
authorizing the permittee to take raptors or raptor eggs from the wild 
for propagation purposes is subject to the following additional 
restrictions:
    (i) The State or foreign country in which the raptors or raptor eggs 
are taken must authorize the permittee in writing to take raptors or 
raptor eggs from the wild for propagation purposes;
    (ii) No raptor listed in Sec. 17.11 of this chapter as 
``endangered'' or ``threatened'' may be taken from the wild without 
first obtaining the proper permit under part 17 of this chapter; and

[[Page 74]]

    (iii) No raptor or raptor egg may be taken from the wild except in 
accordance with State law.
    (5) Transfer, purchase, sale, or barter of raptors, raptor eggs, or 
raptor semen. (i) A permittee may transfer any lawfully possessed 
raptor, raptor egg, or raptor semen to another permittee or transfer any 
raptor to a falconer who holds a valid State falconry permit if no money 
or other consideration is involved.
    (ii) A permittee may transfer, purchase, sell, or barter any raptor 
which is banded with a numbered seamless marker provided or authorized 
by the Service, subject to the following conditions:
    (A) When the permittee purchases from, sells to, or barters with any 
person in the U.S., that person must be authorized under this part to 
purchase, sell, or barter captive-bred raptors;
    (B) When the permittee purchases from or barters with any person in 
a foreign country, that person must be authorized by the competent 
wildlife management authority of the foreign country in which the 
transaction occurs to sell or barter captive-bred raptors; and
    (C) When the permittee transfers to, sells to or barters with any 
person in a foreign country, that person must be authorized to possess, 
purchase or barter captive-bred raptors by the competent wildlife 
management authority of his/her country of residence or domicile and the 
same wildlife management authority must certify in writing that the 
recipient is an experienced falconer or raptor propagator who is 
required to maintain any raptors in his/her possession under conditions 
that are comparable to the conditions under which a permittee must 
maintain raptors under Sec. 21.29 or Sec. 21.30. No certification is 
required if the competent wildlife management authority itself is the 
recipient of captive-bred raptors for conservation purposes.
    (iii) No raptor may be traded, transferred, purchased, sold, or 
bartered until it is two weeks old and only after it is properly banded 
with a nonreuseable marker provided or authorized by the Service, unless 
it is transferred, sold, or bartered to a State or Federal wildlife 
management agency for conservation purposes.
    (iv) A permittee may purchase, sell, or barter semen collected from 
any captive-bred raptor.
    (v) A permittee may not purchase, sell or barter any raptor eggs, 
any raptors taken from the wild, any raptor semen collected from the 
wild, or any raptors hatched from eggs taken from the wild.
    (6) Use of Service form 3-186A. No permittee may take, purchase, 
receive, or otherwise acquire, sell, trade, barter, transfer, or 
otherwise dispose of any raptor unless such permittee submits a form 3-
186A (Migratory Bird Acquisition/Disposition Report), completed in 
accordance with the instructions on the form, to the issuing office 
within five (5) calendar days of any such transfer. Provided, that a 
permittee does not have to submit a form 3-186A (Migratory Bird 
Acquisition/Disposition Report) to report the acquisition raptors 
hatched from eggs produced as a result of the permittee's propagation 
activities as long as these raptors remain in the possession of the 
permittee.
    (7) Documentation of lawful possession. No raptor may be possessed 
under authority of a raptor propagation permit unless the permittee has 
a properly completed form 3-186A (Migratory Bird Acquisition/Disposition 
Report) for each bird possessed, except as provided in paragraph (d)(5) 
of this section.
    (8) Temporary possession. A raptor possessed under authority of a 
raptor propagation permit may be temporarily held by a person other than 
the permittee only if that person is otherwise authorized to possess 
raptors, and only if the raptor is accompanied at all times by the 
properly completed form 3-186A (Migratory Bird Acquisition/Disposition 
Report) designating the permittee as the possessor of record and by a 
signed, dated statement from the permittee authorizing the temporary 
possession.
    (9) Sale, purchase, barter. A permittee may not sell, purchase, 
barter, or offer to sell, purchase, or barter any raptor unless the 
raptor is marked on the metatarsus by a seamless, numbered band supplied 
by the Service.

[[Page 75]]

    (10) Transfer to another. A permittee may not receive or otherwise 
acquire from, may not transfer or otherwise dispose of to, and may not 
loan to or temporarily place with another person any raptor unless that 
person is authorized to acquire, possess, and dispose of such raptors 
under a valid permit issued pursuant to this part and part 13 or as 
permitted by regulations in this part.
    (11) Use in falconry. A permittee may use a raptor possessed for 
propagation in the sport of falconry only if such use is designated in 
both the propagation permit and the permittee's falconry permit.
    (12) Interspecific hybridization. Hybridization between species 
(interspecific hybridization) is authorized only if each raptor produced 
by interspecific hybridization is either imprinted on humans (hand-
raised in isolation from the sight of other raptors from two weeks of 
age until it is fully feathered) or surgically sterilized.
    (13) Possession of dead raptors, non-viable eggs, nests, and 
feathers. (i) Upon the death of any raptor held under permit, a 
permittee must remove the marker and immediately return it to the 
Director. The carcass must be destroyed immediately, unless the 
permittee requests authorization from the Director to retain possession 
of it. A permittee who has obtained written authorization from the 
Director to retain possession of the carcass may transfer it to any 
other person authorized by the Service to possess it, provided no money 
or other consideration is involved.
    (ii) A permittee 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 by the Service to possess them 
provided no money or other consideration is involved.
    (14) Intentional release to the wild. (i) A permittee must obtain 
written authorization from the Director and the Director of the wildlife 
conservation department of the State in which release to the wild is 
proposed before intentionally releasing any raptor to the wild. The 
raptor marker must be removed from each bird and immediately returned to 
the Director. A Federal bird band must be attached to each raptor by a 
person designated by the Director before its release.
    (ii) No raptor produced by interspecific hybridization may be 
intentionally released to the wild.
    (15) Recordkeeping. A permittee must maintain complete and accurate 
records of all operations, to include the following:
    (i) Acquisition of raptors, eggs, or semen from sources other than 
production.
    (A) Description of stock:
    (1) Species, sex, age of each (if applicable),
    (2) Genotype-natal area (geographical breeding site or area that 
captive stock represents, e.g., Colville River, Alaska; unknown; migrant 
taken in Maryland, etc.), and
    (3) Marker number (if applicable).
    (B) Type of stock (including number or amount):
    (1) Semen,
    (2) Egg, or
    (3) Bird.
    (C) How acquired:
    (1) Purchase, barter, or transfer (include the purchase price or a 
description of any other consideration involved), or
    (2) Taken from the wild.
    (D) Date acquired: month, day, and year.
    (E) From whom or where stock acquired:
    (1) Name, address, and permit number of seller, barterer, or 
transferor; or
    (2) Location where stock taken from the wild.
    (ii) Disposition of raptors, eggs, or semen.
    (A) Description of stock:
    (1) Species, sex, age of each (if applicable),
    (2) Genotype-natal area (geographical breeding site or area that 
captive stock represents, e.g., Colville River, Alaska; unknown; migrant 
taken in Maryland, etc.), and
    (3) Marker number (if applicable).
    (B) Type of stock (including number or amount):
    (1) Semen,
    (2) Egg, or
    (3) Bird.
    (C) Manner of disposition:

[[Page 76]]

    (1) Sale, barter, or transfer (include the sale price or a 
description of any other consideration involved),
    (2) Live loss,
    (3) Intentional release to the wild, or
    (4) Death.
    (D) Date of disposition: month, day, and year.
    (E) To whom or where stock disposed:
    (1) Name, address, and permit number of purchaser, barterer, or 
transferee, or
    (2) Description and location of other disposition.
    (iii) Production and pedigree record.
    (A) Mother and father(s):
    (1) Species,
    (2) Genotype-natal area, and
    (3) Marker number.
    (B) Insemination:
    (1) Natural,
    (2) Artificial, or
    (3) Combined.
    (C) Eggs laid:
    (1) Total,
    (2) First date, and
    (3) Last date.
    (D) Eggs hatched:
    (1) Total,
    (2) First date, and
    (3) Last date.
    (E) Young raised to 2 weeks of age:
    (1) Total produced, and
    (2) Marker number and date marked for each raptor.
    (16) Annual report. A permittee must submit an annual report by 
January 31 of each year for the preceding year to the Director. The 
report must include the following information for each species possessed 
by the permittee:
    (i) Number of raptors possessed as of December 31 (including the 
species, marker number, sex, and age of each raptor).
    (ii) Number of females laying eggs.
    (iii) Number of eggs laid.
    (iv) Number of eggs hatched.
    (v) Number of young raised to 2 weeks of age.
    (vi) Number of raptors purchased, sold, bartered, received, or 
transferred (including the species, marker number, sex, and age of each 
raptor) the date of the transaction, and the name, address and permit 
number of each purchaser, seller, barterer, transferor, or transferee.
    (e) Term of permit. A raptor propagation permit issued or renewed 
under this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[48 FR 31608, July 8, 1983, as amended at 49 FR 9736, Mar. 15, 1984; 54 
FR 38154, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998]



Sec. 21.31  Rehabilitation permits.

    (a) What is the permit requirement? Except as provided in Sec. 
21.12, a rehabilitation permit is required to take, temporarily possess, 
or transport any migratory bird for rehabilitation purposes. However, 
any person who finds a sick, injured, or orphaned migratory bird may, 
without a permit, take possession of the bird in order to immediately 
transport it to a permitted rehabilitator.
    (b) What are the general permit provisions? (1) The permit 
authorizes you to:
    (i) Take from the wild or receive from another person sick, injured, 
or orphaned migratory birds and to possess them and provide 
rehabilitative care for them for up to 180 days;
    (ii) Transport such birds to a suitable habitat for release, to 
another permitted rehabilitator's facilities, or to a veterinarian;
    (iii) Transfer, release, or euthanize such birds;
    (iv) Transfer or otherwise dispose of dead specimens; and
    (v) Receive, stabilize, and transfer within 48 hours types of 
migratory bird species not authorized by your permit, in cases of 
emergency. If a rehabilitator authorized to care for the bird is not 
available within that timeframe, you must contact the issuing office for 
authorization to retain the bird until it can be transferred.
    (2) The permit does not authorize the use of migratory birds for 
educational purposes.
    (c) How do I apply for a migratory bird rehabilitation permit? You 
must apply to the appropriate Regional Director--Attention Migratory 
Bird Permit Office. You can find addresses for the appropriate Regional 
Directors in Sec. 2.2 of subchapter A of this chapter. Your application 
package must consist of the following:
    (1) A completed application (Form 3-200-10b);

[[Page 77]]

    (2) A copy of your State rehabilitation permit, license, or other 
authorization, if one is required in your State; and
    (3) 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 listed in Sec. 13.11 of this chapter.
    (d) What criteria will the Service consider before issuing a permit? 
(1) Upon receiving an application completed in accordance with paragraph 
(c) of this section, 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:
    (i) You must be at least 18 years of age with at least 100 hours of 
hands-on experience, gained over the course of at least 1 whole year, 
rehabilitating the types of migratory birds you intend to rehabilitate 
(e.g., waterbirds, raptors), or comparable experience. Up to 20 hours of 
the 100-hour time requirement may be fulfilled by participation in 
migratory bird rehabilitation seminars and courses.
    (ii) Your facilities must be adequate to properly care for the 
type(s) of migratory bird species you intend to rehabilitate, or you 
must have a working relationship with a person or organization with such 
facilities.
    (iii) You must have an agreement with a licensed veterinarian to 
provide medical care for the birds you intend to rehabilitate, unless 
you are a licensed veterinarian.
    (iv) You must have a State permit, license, or other authorization 
to rehabilitate migratory birds if such authorization required by your 
State.
    (2) In issuing a permit, the Regional Director may place 
restrictions on the types of migratory bird species you are authorized 
to rehabilitate, based on your experience and facilities as well as on 
the specific physical requirements and behavioral traits of particular 
species.
    (e) What are the standard conditions for this permit? In addition to 
the general permit conditions set forth in part 13 of this chapter, 
rehabilitation permits are subject to the following conditions:
    (1) Facilities. You must conduct the activities authorized by this 
permit in appropriate facilities that are approved and identified on the 
face of your permit. In evaluating whether caging dimensions are 
adequate, the Service will use as a guideline the standards developed by 
the National Wildlife Rehabilitators Association and the International 
Wildlife Rehabilitation Council (Minimum Standards for Wildlife 
Rehabilitation, 2000).\1\ The Regional Migratory Bird Permit Office will 
authorize variation from the standards where doing so is reasonable and 
necessary to accommodate a particular rehabilitator's circumstances, 
unless a determination is made that such variation will jeopardize 
migratory birds. However, except as provided by paragraph (f)(2)(i) of 
this section, all facilities must adhere to the following criteria:
---------------------------------------------------------------------------

    \1\ Copies may be obtained by contacting either the National 
Wildlife Rehabilitators Association: 14 North 7th Avenue, St. Cloud MN 
56303-4766, http://www.nwawildlife.org/default.asp; or the International 
Wildlife Rehabilitation Council: 829 Bancroft Way, Berkeley, CA 94710, 
http://www.iwrc-online.org.
---------------------------------------------------------------------------

    (i) Rehabilitation facilities for migratory birds must be secure and 
provide protection from predators, domestic animals, undue human 
disturbance, sun, wind, and inclement weather.
    (ii) Caging must be made of a material that will not entangle or 
cause injury to the type of birds that will be housed within.
    (iii) Enclosures must be kept clean, well-ventilated, and hygienic.
    (iv) Birds must not be overcrowded, and must be provided enough 
perches, if applicable.
    (v) Birds must be housed only with compatible migratory bird 
species.
    (vi) Birds may not be displayed to the public unless you use video 
equipment, barriers, or other methods to reduce noise and exposure to 
humans to levels the birds would normally encounter in their habitat. 
You may not use any equipment for this purpose that causes stress or 
harm, or impedes the rehabilitation of any bird.
    (2) Dietary requirements. You must provide the birds in your care 
with a

[[Page 78]]

diet that is appropriate and nutritionally approximates the natural diet 
consumed by the species in the wild, with consideration for the age and 
health of the individual bird.
    (3) Subpermittees. Except as provided by paragraph (f)(2)(ii) of 
this section, anyone who will be performing activities that require 
permit authorization under paragraph (b)(1) of this section when you or 
a subpermittee are not present, including any individual who transports 
birds to or from your facility on a regular basis, must either possess 
his or her own Federal rehabilitation permit, or be authorized as your 
subpermittee by being named in writing to your issuing Migratory Bird 
Permit Office. Subpermittees must be at least 18 years of age and 
possess sufficient experience to tend the species in their care. 
Subpermittees authorized to care for migratory birds at a site other 
than your facility must have facilities adequate to house the species in 
their care, based on the criteria of paragraph (e)(1) of this section. 
All such facilities must be approved by the issuing office. As the 
primary permittee, you are legally responsible for ensuring that your 
subpermittees, staff, and volunteers adhere to the terms of your permit 
when conducting migratory bird rehabilitation activities.
    (4) Disposition of birds under your care. (i) You must take every 
precaution to avoid imprinting or habituating birds in your care to 
humans. If a bird becomes imprinted to humans while under your care, you 
will be required to transfer the bird as directed by the issuing office.
    (ii) You may not retain migratory birds longer than 180 days without 
additional authorization from your Regional Migratory Bird Permit 
Office. You must release all recuperated birds to suitable habitat as 
soon as seasonal conditions allow, following recovery of the bird. If 
the appropriate season for release is outside the 180-day timeframe, you 
must seek authorization from the Service to hold the bird until the 
appropriate season. Before releasing a threatened or endangered 
migratory bird, you must coordinate with your issuing Migratory Bird 
Permit Office.
    (iii) You must euthanize any bird that cannot feed itself, perch 
upright, or ambulate without inflicting additional injuries to itself 
where medical and/or rehabilitative care will not reverse such 
conditions. You must euthanize any bird that is completely blind, and 
any bird that has sustained injuries that would require amputation of a 
leg, a foot, or a wing at the elbow or above (humero-ulnar joint) rather 
than performing such surgery, unless:
    (A) A licensed veterinarian submits a written recommendation that 
the bird should be kept alive, including an analysis of why the bird is 
not expected to experience the injuries and/or ailments that typically 
occur in birds with these injuries and a commitment (from the 
veterinarian) to provide medical care for the bird for the duration of 
its life, including complete examinations at least once a year;
    (B) A placement is available for the bird with a person or facility 
authorized to possess it, where it will receive the veterinary care 
described in paragraph (e)(4)(iii)(A) of this section; and
    (C) The issuing office specifically authorizes continued possession, 
medical treatment, and rehabilitative care of the bird.
    (iv) You must obtain authorization from your issuing Migratory Bird 
Permit Office before euthanizing endangered and threatened migratory 
bird species. In rare cases, the Service may designate a disposition 
other than euthanasia for those birds. If Service personnel are not 
available, you may euthanize endangered and threatened migratory birds 
without Service authorization when prompt euthanasia is warranted by 
humane consideration for the welfare of the bird.
    (v) You may place nonreleasable live birds that are suitable for use 
in educational programs, foster parenting, research projects, or other 
permitted activities with persons permitted or otherwise authorized to 
possess such birds, with prior approval from your issuing Migratory Bird 
Permit Office.
    (vi)(A) You may donate dead birds and parts thereof, except 
threatened and endangered species, and bald and golden eagles, to 
persons authorized by

[[Page 79]]

permit to possess migratory bird specimens or exempted from permit 
requirements under Sec. 21.12.
    (B) You must obtain approval from your issuing office before 
disposing of or transferring any live or dead endangered or threatened 
migratory bird specimen, parts, or feathers.
    (C) You must send all dead bald and golden eagles, and their parts 
and feathers to: National Eagle Repository, Building 128, Rocky Mountain 
Arsenal, Commerce City, CO 80022. If your State requires you to notify 
State wildlife officers of a dead bald or golden eagle before sending 
the eagle to the Repository you must comply with State regulations. 
States may assume temporary possession of the carcasses for purposes of 
necropsy.
    (D) Unless specifically required to do otherwise by the Service, you 
must promptly destroy all other dead specimens by such means as are 
necessary to prevent any exposure of the specimens to animals in the 
wild.
    (vii) With authorization from your issuing Migratory Bird Permit 
Office, you may hold a nonreleasable bird longer than 180 days for the 
purpose of fostering juveniles during their rehabilitation. You may also 
use birds you possess under an educational permit to foster juveniles.
    (viii) You may possess a reasonable number of feathers for imping 
purposes, based on the numbers and species of birds for which you 
regularly provide care.
    (ix) You may draw blood and take other medical samples for purposes 
of the diagnosis and recovery of birds under your care, or for transfer 
to authorized facilities conducting research pertaining to a contagious 
disease or other public health hazard.
    (x) You may conduct necropsies on dead specimens in your possession, 
except that you must obtain approval from your Regional Migratory Bird 
Permit Office before conducting necropsies on threatened or endangered 
species.
    (xi) This permit does not confer ownership of any migratory bird. 
All birds held under this permit remain under the stewardship of the 
U.S. Fish and Wildlife Service.
    (5) Notification to the U.S. Fish and Wildlife Service. (i) You must 
notify your issuing Migratory Bird Permit Office within 24 hours of 
acquiring a threatened or endangered migratory bird species, or bald or 
golden eagle, whether live or dead. You may be required to transfer 
these birds to another facility designated by the Service.
    (ii) You must immediately notify the local U.S. Fish and Wildlife 
Service Law Enforcement Office if you have reason to believe a bird has 
been poisoned, electrocuted, shot, or otherwise subjected to criminal 
activity. Contact information for your local Service Law Enforcement 
office is listed on your permit, or you can obtain it on the Internet at 
http://offices.fws.gov.
    (iii) If the sickness, injury, or death of any bird is due or likely 
due to avian virus, or other contagious disease or public health hazard, 
you must notify and comply with the instructions given by the State or 
local authority that is responsible for tracking the suspected disease 
or hazard in your location, if that agency is currently collecting such 
information from the public.
    (6) You must maintain a working relationship with a licensed 
veterinarian. If your working relationship with your original 
cooperating veterinarian is dissolved, you must establish an agreement 
within 30 days with another licensed veterinarian to provide medical 
services to the birds in your care, and furnish a copy of this agreement 
to the issuing office.
    (7) Recordkeeping. You must maintain complete and accurate records 
of all migratory birds that you receive, including for each bird the 
date received, type of injury or illness, disposition, and date of 
disposition. You must retain these records for 5 years following the end 
of the calendar year covered by the records.
    (8) Annual report. You must submit an annual report that includes 
the information required by paragraph (e)(7) for the preceding calendar 
year to your issuing Migratory Bird Permit Office by the date required 
on your permit. You may complete Service Form 3-202-4, or submit your 
annual report from a database you maintain, provided your

[[Page 80]]

report contains all, and only, the information required by Form 3-202-4.
    (9) At the discretion of the Regional Director, we may stipulate on 
the face of your permit additional conditions compatible with the permit 
conditions set forth in this section, to place limits on numbers and/or 
types of birds you may possess under your permit, to stipulate 
authorized location(s) for your rehabilitation activities, or otherwise 
specify permitted activities, based on your experience and facilities.
    (f) How does this permit apply to oil and hazardous waste spills? 
Prior to entering the location of an oil or hazardous material spill, 
you must obtain authorization from the U.S. Fish and Wildlife Service 
Field Response Coordinator or other designated Service representative 
and obtain permission from the On-Scene Coordinator. All activities 
within the location of the spill are subject to the authority of the On-
Scene Coordinator. The U.S. Fish and Wildlife Service is responsible for 
the disposition of all migratory birds, dead or alive.
    (1) Permit provisions in oil or hazardous material spills. (i) In 
addition to the rehabilitation permit provisions set forth in paragraph 
(b) of this section, when under the authority of the designated U.S. 
Fish and Wildlife Service representative this permit further authorizes 
you to temporarily possess healthy, unaffected birds for the purpose of 
removing them from imminent danger.
    (ii) This permit does not authorize salvage of dead migratory birds. 
When dead migratory birds are discovered, a Service law enforcement 
officer must be notified immediately in order to coordinate the handling 
and collection of evidence. Contact information for your local Service 
Law Enforcement office is listed on your permit and on the Internet at 
http://offices.fws.gov. The designated Service representative will have 
direct control and responsibility over all live migratory birds, and 
will coordinate the collection, storage, and handling of any dead 
migratory birds with the Service's Division of Law Enforcement.
    (iii) You must notify your issuing Migratory Bird Permit Office of 
any migratory birds in your possession within 24 hours of removing such 
birds from the area.
    (2) Conditions specific to oil and hazardous waste spills--(i) 
Facilities. Facilities used at the scene of oil or hazardous waste 
spills may be temporary and/or mobile, and may provide less space and 
protection from noise and disturbance than facilities authorized under 
paragraph (e)(1) of this section. Such facilities should conform as 
closely as possible with the facility specifications contained in the 
Service policy titled Best Practices for Migratory Bird Care During Oil 
Spill Response.\2\
---------------------------------------------------------------------------

    \2\ You can obtain copies of this document by writing to the U.S. 
Fish and Wildlife Service, Division of Environmental Quality, 4401 North 
Fairfax Drive, MS 322, Arlington, VA, 22203.
---------------------------------------------------------------------------

    (ii) Subpermittees. In cases of oil and hazardous waste spills, 
persons who assist with cleaning or treating migratory birds at the on-
scene facility will not be required to have a rehabilitation permit or 
be a subpermittee; however, volunteers must be trained in rescue 
protocol for migratory birds affected by oil and hazardous waste spills. 
A permit (or subpermittee designation) is required to perform extended 
rehabilitation of such birds, after initial cleaning and treating, at a 
subsequent location.
    (g) Will I also need a permit from the State in which I live? If 
your State requires a license, permit, or other authorization to 
rehabilitate migratory birds, your Federal migratory bird rehabilitation 
permit will not be valid if you do not also possess and adhere to the 
terms of the required State authorization, in addition to the Federal 
permit. Nothing in this section prevents a State from making and 
enforcing laws or regulations consistent with this section that are more 
restrictive or give further protection to migratory birds.
    (h) How long is a migratory bird rehabilitation permit valid? Your 
rehabilitation permit will expire on the date designated on the face of 
the permit unless amended or revoked. No rehabilitation permit will have 
a term exceeding 5 years.
    (i) Will I need to apply for a new permit under this section if I 
already have a special purpose permit to rehabilitate migratory birds, 
issued under Sec. 21.27 (Special

[[Page 81]]

purpose permits)? (1) If you had a valid Special Purpose--Migratory Bird 
Rehabilitation Permit issued under Sec. 21.27 on November 26, 2003, 
your permit will remain valid until the expiration date listed on its 
face. If you renew your permit, it will be issued under this section.
    (2) If your original permit authorization predates permit 
application procedures requiring submission of photographs and diagrams 
for approval of your facilities, and your facilities have never been 
approved by the migratory bird permit office on the basis of such 
photographs and diagrams, you must submit photographs and diagrams of 
your facilities as part of your renewal application. If those facilities 
do not meet the criteria set forth under this section, your permit may 
be renewed for only 1 year. We will re-evaluate your facilities when you 
seek renewal in a year. If you have made the improvements necessary to 
bring your facilities into compliance with paragraph (e)(1) of this 
section, and the other criteria within this section for permit issuance 
are met, your permit may be renewed for up to the full 5-year tenure.
    (3) If your facilities have already been approved on the basis of 
photographs and diagrams, and authorized under a valid Sec. 21.27 
special purpose permit, then they are preapproved to be authorized under 
your new permit issued under this section, unless those facilities have 
materially diminished in size or quality from what was authorized when 
you last renewed your permit, or unless you wish to expand the 
authorizations granted by your permit (e.g., the number or types of 
birds you rehabilitate). Regulations governing permit renewal are set 
forth in Sec. 13.22 of this chapter.

[68 FR 61137, Oct. 27, 2003]



     Subpart D_Control of Depredating and Otherwise Injurious Birds



Sec. 21.41  Depredation permits.

    (a) Permit requirement. Except as provided in Sec. Sec. 21.42 
through 21.46, a depredation permit is required before any person may 
take, possess, or transport migratory birds for depredation control 
purposes. No permit is required merely to scare or herd depredating 
migratory birds other than endangered or threatened species or bald or 
golden eagles.
    (b) Application procedures. Submit application for depredation 
permits to the appropriate Regional Director (Attention: Migratory bird 
permit office). You can find addresses for the Regional Directors in 50 
CFR 2.2. Each application must contain the general information and 
certification required in Sec. 13.12(a) of this subchapter, and the 
following additional information:
    (1) A description of the area where depredations are occurring;
    (2) The nature of the crops or other interests being injured;
    (3) The extent of such injury; and
    (4) The particular species of migratory birds committing the injury.
    (c) Additional permit conditions. Inaddition to the general 
conditions set forth in part 13 of this subchapter B, depredation 
permits shall be subject to requires, in this section:
    (1) Permittees may not kill migratory birds unless specifically 
authorized on the permit.
    (2) Unless otherwise specifically authorized, when permittees are 
authorized to kill migratory birds they may do so only with a shotgun 
not larger than No. 10 gauge fired from the shoulder, and only on or 
over the threatened area or area described on the permit.
    (3) Permittees may not use blinds, pits, or other means of 
concealment, decoys, duck calls, or other devices to lure or entice 
birds within gun range.
    (4) All migratory birds killed shall be retrieved by the permittee 
and turned over to a Bureau representative or his designee for 
disposition to charitable or other worthy institutions for use as food, 
or otherwise disposed of as provided by law.
    (5) Only persons named on the permit are authorized to act as agents 
of the permittee under authority of the permit.
    (d) Tenure of permits. The tenure of depredation permits shall be 
limited to the dates which appear on its face, but in no case shall be 
longer than one year.

[39 FR 1178, Jan. 4, 1974, as amended at 42 FR 17122, Mar. 31, 1977; 63 
FR 52637, Oct. 1, 1998]

[[Page 82]]



Sec. 21.42  Authority to issue depredating orders to permit the killing of migratory game birds.

    Upon the receipt of evidence clearly showing that migratory game 
birds have accumulated in such numbers in a particular area as to cause 
or about to cause serious damage to agricultural, horticultural, and 
fish cultural interests, the Director is authorized to issue by 
publication in the Federal Register a depredation order to permit the 
killing of such birds under the following conditions:
    (a) That such birds may only be killed by shooting with a shotgun 
not larger than No. 10 gauge fired from the shoulder, and only on or 
over the threatened area or areas;
    (b) That shooting shall be limited to such time as may be fixed by 
the Director on the basis of all circumstances involved. If prior to 
termination of the period fixed for such shooting, the Director receives 
information that there no longer exists a serious threat to the area or 
areas involved, he shall without delay cause to be published in the 
Federal Register an order of revocation;
    (c) That such migratory birds as are killed under the provisions of 
any depredation order may be used for food or donated to public museums 
or public scientific and educational institutions for exhibition, 
scientific, or educational purposes, but shall not be sold, offered for 
sale, bartered, or shipped for purpose of sale or barter, or be wantonly 
wasted or destroyed: Provided, That any migratory game birds which 
cannot be so utilized shall be disposed of as prescribed by the 
Director;
    (d) That any order issued pursuant to this section shall not 
authorize the killing of the designated species of depredating birds 
contrary to any State laws or regulations. The order shall specify that 
it is issued as an emergency measure designed to relieve depredations 
only and shall not be construed as opening, reopening, or extending any 
open hunting season contrary to any regulations promulgated pursuant to 
section 3 of the Migratory Bird Treaty Act.



Sec. 21.43  Depredation order for blackbirds, cowbirds, grackles, crows and magpies.

    A Federal permit shall not be required to control yellow-headed red-
winged, rusty, and Brewer's blackbirds, cowbirds, all grackles, crows, 
and magpies, when found committing or about to commit depredations upon 
ornamental or shade trees, agricultural crops, livestock, or wildlife, 
or when concentrated in such numbers and manner as to constitute a 
health hazard or other nuisance: Provided:
    (a) That none of the birds killed pursuant to this section, nor 
their plumage, shall be sold or offered for sale, but may be possessed, 
transported, and otherwise disposed of or utilized.
    (b) That any person exercising any of the privileges granted by this 
section shall permit at all reasonable times including during actual 
operations, any Federal or State game or deputy game agent, warden, 
protector, or other game law enforcement officer free and unrestricted 
access over the premises on which such operations have been or are being 
conducted; and shall furnish promptly to such officer whatever 
information he may require, concerning said operations.
    (c) That nothing in this section shall be construed to authorize the 
killing of such birds contrary to any State laws or regulations; and 
that none of the privileges granted under this section shall be 
exercised unless the person possesses whatever permit as may be required 
for such activities by the State concerned.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989]



Sec. 21.44  Depredation order for designated species of depredating birds in California.

    In any county in California in which horned larks, golden-crowned, 
white-crowned and other crowned sparrows, and house finches are, under 
extraordinary conditions, seriously injurious to agricultural or other 
interests, the Commissioner of Agriculture may, without a permit, kill 
or cause to be killed under his/her general supervision such of the 
above migratory birds as

[[Page 83]]

may be necessary to safeguard any agricultural or horticultural crop in 
the county: Provided:
    (a) That such migratory birds shall be killed only when necessary to 
protect agricultural or horticultural crops from depredation; that none 
of the above migratory birds killed, or the parts thereof, or the 
plumage of such birds, shall be sold or removed from the area where 
killed; but that all such dead migratory birds shall be buried or 
otherwise destroyed within this area, except that any specimens needed 
for scientific purposes, as determined by the State or the Director 
shall not be destroyed.
    (b) That any Commissioner of Agriculture exercising the privileges 
granted by this section shall keep records of the persons authorized by 
the Commissioner to kill such migratory birds, and the estimated number 
of such birds killed pursuant to the exercise of his authority, and the 
Commissioner shall submit a report thereof to the Director on or before 
December 31 of each year or whenever the Director so requests.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989; 55 
FR 17352, Apr. 24, 1990]



Sec. 21.45  Depredation order for depredating purple gallinules in Louisiana.

    Landowners, sharecroppers, tenants, or their employees or agents, 
actually engaged in the production of rice in Louisiana, may, without a 
permit, shoot purple gallinules (Ionornis martinica) when found 
committing or about to commit serious depredations to growing rice crops 
on the premises owned or occupied by such persons: Provided:
    (a) That purple gallinules may only be killed pursuant to this 
section between May 1 and August 15 in any year.
    (b) That purple gallinules killed pursuant to this section shall not 
be transported or sold or offered for sale except that, such 
transportation within the area, as may be necessary to bury or otherwise 
destroy the carcasses of such birds is permitted: Provided, That the 
Director or the State agricultural department, college, or other public 
institution may requisition such purple gallinules killed as may be 
needed for scientific investigations: Provided further, That any purple 
gallinules killed under authority of this section may also be donated to 
charitable institutions for food purposes.
    (c) That any person exercising any of the privileges granted by this 
section shall permit at all reasonable times, including during actual 
operations, any Federal or State game or deputy game agent, warden, 
protector, or other game law enforcement officer free and unrestricted 
access over the premises on which such operations have been or are being 
conducted; and shall furnish promptly to such officer whatever 
information he may require, concerning said operations.
    (d) That nothing in this section shall be construed to authorize the 
killing of such migratory birds contrary to any State laws or 
regulations; and that none of the privileges granted under this section 
shall be exercised unless the person possesses whatever permit as may be 
required for such activities by the State of Louisiana.
    (e) That any person authorized by this section to exercise the 
privileges granted therein shall maintain records of the number of birds 
killed on the premises and shall submit a report thereof, on or before 
December 31 of each year, to the Director.



Sec. 21.46  Depredation order for depredating scrub jays and Steller's jays in Washington and Oregon.

    Landowners, sharecroppers, tenants, or their employees or agents 
actually engaged in the production of nut crops in Washington and Oregon 
may, without a permit, take scrub jays (Aphelocoma coerulescens) and 
Steller's jays (Cyanocitta stelleri) when found committing or about to 
commit serious depredations to nut crops on the premises owned or 
occupied by such persons: Provided:
    (a) That scrub jays and Steller's jays may only be taken pursuant to 
this section between August 1 and December 1 in any year, in the 
Washington counties of Clark, Cowlitz, and Lewis; and the Oregon 
counties of Benton, Clackamas, Lane, Linn, Marion, Multnomah, Polk, 
Washington, and Yamhill.
    (b) That scrub jays and Steller's jays taken pursuant to this 
section shall

[[Page 84]]

not be transported or sold or offered for sale except that, such 
transportation within the area, as may be necessary to bury or otherwise 
destroy the carcasses of such birds is permitted: Provided, That the 
Director of the State agricultural department, college, or other public 
institution may requisition such scrub jays and Steller's jays killed as 
may be needed for scientific investigations.
    (c) That such birds may be taken only by trapping or shooting and on 
areas where serious depredations are being or are about to be committed.
    (d) That any person exercising any of the privileges granted by this 
section shall permit at all reasonable times, including during actual 
operations, any Federal or State game or deputy game agent, warden, 
protector, or other law enforcement officer free and unrestricted access 
over the premises on which such operations have been or are being 
conducted; and shall furnish promptly to such officer whatever 
information he may require, concerning said operations.
    (e) That nothing in this section shall be construed to authorize the 
killing of such migratory birds contrary to any State laws or 
regulations; and that none of the privileges granted under this section 
shall be exercised unless the person possesses whatever permit as may be 
required for such activities by the States of Washington and Oregon.
    (f) That any person authorized by this section to exercise the 
privileges granted therein shall maintain records of the number of birds 
killed on the premises and shall submit a report thereof, on or before 
December 31 of each year, to the appropriate Special Agent in Charge 
(see Sec. 10.22 of this subchapter).

[39 FR 31326, Aug. 28, 1974]



Sec. 21.47  Depredation order for double-crested cormorants at aquaculture facilities.

    (a) What is the purpose of this depredation order? The purpose of 
this depredation order is to help reduce depredation of aquacultural 
stock by double-crested cormorants at private fish farms and State and 
Federal fish hatcheries.
    (b) In what areas can this depredation order be implemented? This 
depredation order applies to commercial freshwater aquaculture 
facilities and to State and Federal fish hatcheries in the States of 
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Minnesota, 
Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, and 
Texas.
    (c) What does this depredation order allow and who can participate? 
(1) This depredation order authorizes landowners, operators, and tenants 
(or their employees or agents) actually engaged in the commercial, 
Federal, or State production of freshwater aquaculture stocks to take, 
without a Federal permit, double-crested cormorants when they are found 
committing or about to commit depredations to aquaculture stocks. This 
authority is applicable only during daylight hours and only within the 
boundaries of freshwater commercial aquaculture facilities or State and 
Federal hatcheries.
    (2) This depredation order authorizes employees of the Wildlife 
Services program of the U.S. Department of Agriculture Animal and Plant 
Health Inspection Service to take double-crested cormorants, with 
appropriate landowner permission, at roost sites in the vicinity of 
aquaculture facilities, at any time, day or night, during the months of 
October, November, December, January, February, March, and April.
    (3) Authorized employees of the Wildlife Services program of the 
U.S. Department of Agriculture Animal and Plant Health Inspection 
Service may designate agents to carry out control, provided these 
individuals act under the conditions of the order.
    (d) What are the terms and conditions of this order? (1) Persons 
operating under paragraph (c)(1) of this section may only do so in 
conjunction with an established nonlethal harassment program as 
certified by officials of the Wildlife Services program of the U.S. 
Department of Agriculture Animal and Plant Health Inspection Service. 
Wildlife Services directive 2.330 outlines this certification process.
    (2) Double-crested cormorants may be taken only by shooting with 
firearms, including rifles. Persons using

[[Page 85]]

shotguns are required to use nontoxic shot as listed in 50 CFR 20.21(j).
    (3) Persons operating under this depredation order may use decoys, 
taped calls, or other devices to lure within gun range birds committing 
or about to commit depredations.
    (4) Persons operating under this depredation order must obtain 
appropriate landowner permission before implementing activities 
authorized by the order.
    (5) Double-crested cormorants may not be killed contrary to the laws 
or regulations of any State, and none of the privileges of this section 
may be exercised unless the person possesses the appropriate State or 
other permits, if required.
    (6) Persons operating under this depredation order must properly 
dispose of double-crested cormorants killed in control efforts:
    (i) Individuals may donate birds killed under authority of this 
order to museums or other such scientific and educational institutions 
for the purposes of scientific or educational exhibition;
    (ii) Individuals may also bury or incinerate birds taken; and
    (iii) Individuals may not allow birds taken under this order, or 
their plumage, to be sold, offered for sale, bartered, or shipped for 
purpose of sale or barter.
    (7) Nothing in this depredation order authorizes the take of any 
migratory bird species other than double-crested cormorants. Two look-
alike species co-occur with double-crested cormorants in the 
southeastern States: the anhinga, which occurs across the southeastern 
United States, and the neotropic cormorant, which is found in varying 
numbers in Texas, Louisiana, and Oklahoma. Both species can be mistaken 
for double-crested cormorants, but take of these two species is not 
authorized under this depredation order. Persons operating under this 
order must immediately report the take of a migratory bird species other 
than double-crested cormorants to the appropriate Service Regional 
Migratory Bird Permit Office.
    (8) Nothing in this depredation order authorizes the take of any 
species protected by the Endangered Species Act. Persons operating under 
this order must immediately report the take of species protected under 
the Endangered Species Act to the Service.
    (i) To protect wood storks and bald eagles, the following 
conservation measures must be observed within any geographic area where 
Endangered Species Act protection applies to these species: All control 
activities are allowed if the activities occur more than 1,500 feet from 
active wood stork nesting colonies, more than 1,000 feet from active 
wood stork roost sites, and more than 750 feet from feeding wood storks, 
and if they occur more than 750 feet from active bald eagle nests.
    (ii) At their discretion, landowners, operators, and tenants may 
contact the Regional Migratory Bird Permit Office to request 
modification of the measures listed in paragraph (d)(8)(i) of this 
section. Such modification can occur only if the Regional Director 
determines, on the basis of coordination between the Regional Migratory 
Bird Permit Office and the Endangered Species Field Office, that wood 
storks and bald eagles will not be adversely affected.
    (iii) If adverse effects are anticipated from the control activities 
in a geographical area where Endangered Species Act protection applies 
to wood storks or bald eagles, either during the intra-Service 
coordination discussions described above or at any other time, the 
Regional Migratory Bird Permit Office will initiate consultation with 
the Endangered Species Field Offices.
    (9) Persons operating under this depredation order must:
    (i) Keep a log recording the date, number, and location of all birds 
killed each year under this authorization;
    (ii) Maintain this log for a period of 3 years (and maintain records 
for 3 previous years of takings at all times thereafter); and
    (iii) Each year, provide the previous year's log to the appropriate 
Service Regional Migratory Bird Permit Office. Regional Office addresses 
are found in Sec. 2.2 of subchapter A of this chapter.
    (10) We reserve the right to suspend or revoke the authority of any 
Agency or individual granted by this order if we find that the specified 
purpose, terms, and conditions have not been

[[Page 86]]

adhered to by that Agency or individual or if the long-term 
sustainability of double-crested cormorant populations is threatened by 
that Agency's or individual's action(s). The criteria and procedures for 
suspension, revocation, reconsideration, and appeal are outlined in 
Sec. Sec. 13.27 through 13.29 of this subchapter. For the purposes of 
this section, ``issuing officer'' means the Regional Director and 
``permit'' means the authority to act under this depredation order. For 
purposes of Sec. 13.29(e), appeals shall be made to the Director.
    (e) Does this section contain information collection requirements? 
Yes, the information collection requirements in this section are 
approved by the Office of Management and Budget (OMB) under OMB control 
number 1018-0121. Federal agencies 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.
    (f) When does this depredation order expire? This depredation order 
will automatically expire on April 30, 2009, unless revoked or extended 
prior to that date.

[68 FR 58034, Oct. 8, 2003]



Sec. 21.48  Depredation order for double-crested cormorants to protect public resources.

    (a) What is the purpose of this depredation order? The purpose of 
this depredation order is to reduce the occurrence and/or minimize the 
risk of adverse impacts to public resources (fish, wildlife, plants, and 
their habitats) caused by double-crested cormorants.
    (b) In what areas can this depredation order be implemented? This 
depredation order applies to all lands and freshwaters in the States of 
Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, 
Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, New 
York, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, 
Vermont, West Virginia, and Wisconsin.
    (c) What does this depredation order allow and who can participate? 
(1) This depredation order authorizes State fish and wildlife agencies, 
Federally recognized Tribes, and State Directors of the Wildlife 
Services program of the U.S. Department of Agriculture Animal and Plant 
Health Inspection Service (collectively termed ``Agencies'') to prevent 
depredations on the public resources of fish (including hatchery stock 
at Federal, State, and Tribal facilities), wildlife, plants, and their 
habitats by taking without a permit double-crested cormorants found 
committing or about to commit, such depredations.
    (2) Agencies may designate agents to carry out control, provided 
those individuals act under the conditions of the order.
    (3) Federally recognized Tribes and their agents may carry out 
control only on reservation lands or ceded lands within their 
jurisdiction.
    (d) What are the terms and conditions of this order? (1) Persons 
operating under this order should first utilize nonlethal control 
methods such as harassment and exclusion devices when these are 
considered effective and practicable and not harmful to other nesting 
birds by the responsible Agency.
    (2) Double-crested cormorants may be taken only by means of egg 
oiling, egg and nest destruction, cervical dislocation, firearms, and 
CO2 asphyxiation. Persons using shotguns must use nontoxic 
shot, as listed in 50 CFR 20.21(j). Persons using egg oiling must use 
100 percent corn oil, a substance exempted from regulation by the U.S. 
Environmental Protection Agency under the Federal Insecticide, 
Fungicide, and Rodenticide Act.
    (3) Persons operating under this depredation order may use decoys, 
taped calls, or other devices to lure within gun range birds committing 
or about to commit depredation of public resources.
    (4) Persons operating under this depredation order must obtain 
appropriate landowner permission before implementing activities 
authorized by the order.
    (5) Persons operating under this depredation order may not take 
double-crested cormorants contrary to the laws or regulations of any 
State, and none of the privileges of this section may be exercised 
unless the person possesses the appropriate State or other permits, if 
required.

[[Page 87]]

    (6) Persons operating under this depredation order must properly 
dispose of double-crested cormorants killed in control efforts:
    (i) Individuals may donate birds killed under authority of this 
order to museums or other such scientific and educational institutions 
for the purposes of scientific or educational exhibition;
    (ii) Individuals may also bury or incinerate birds taken; and
    (iii) Individuals may not allow birds taken under this order, or 
their plumage, to be sold, offered for sale, bartered, or shipped for 
purpose of sale or barter.
    (7) Nothing in this depredation order authorizes the take of any 
migratory bird species other than double-crested cormorants. Two look-
alike species co-occur with double-crested cormorants in the 
southeastern States: the anhinga, which occurs across the southeastern 
United States, and the neotropic cormorant, which is found in varying 
numbers in Texas, Louisiana, Kansas, and Oklahoma. Both species can be 
mistaken for double-crested cormorants, but take of these two species is 
not authorized under this depredation order. Persons operating under 
this order must immediately report the take of a migratory bird species 
other than double-crested cormorants to the appropriate Service Regional 
Migratory Bird Permit Office.
    (8) Nothing in this depredation order authorizes the take of any 
species protected by the Endangered Species Act. Persons operating under 
this order must immediately report the take of species protected under 
the Endangered Species Act to the Service.
    (i) To protect piping plovers, interior least terns, wood storks, 
and bald eagles, the following conservation measures must be observed 
within any geographic area where Endangered Species Act protection 
applies to these species:
    (A) The discharge/use of firearms to kill or harass double-crested 
cormorants or use of other harassment methods are allowed if the control 
activities occur more than 1,000 feet from active piping plover or 
interior least tern nests or colonies; occur more than 1,500 feet from 
active wood stork nesting colonies, more than 1,000 feet from active 
wood stork roost sites, and more than 750 feet from feeding wood storks; 
or occur more than 750 feet from active bald eagle nests;
    (B) Other control activities such as egg oiling, cervical 
dislocation, CO2 asphyxiation, egg destruction, or nest 
destruction are allowed if these activities occur more than 500 feet 
from active piping plover or interior least tern nests or colonies; 
occur more than 1,500 feet from active wood stork nesting colonies, more 
than 1,000 feet from active wood stork roost sites, and more than 750 
feet from feeding wood storks; or occur more than 750 feet from active 
bald eagle nests;
    (C) To ensure adequate protection of piping plovers, any Agency or 
its agents who plan to implement control activities that may affect 
areas designated as piping plover critical habitat in the Great Lakes 
Region are to obtain prior approval from the appropriate Regional 
Director. Requests for approval of activities in these areas must be 
submitted to the Regional Migratory Bird Permit Office. The Regional 
Migratory Bird Permit Office will then coordinate with the Endangered 
Species Field Office staff to assess whether the measures in paragraph 
(d)(8)(i)(B) of this section are adequate.
    (ii) At their discretion, Agencies or their agents may contact the 
Regional Migratory Bird Permit Office to request modification of the 
above measures. Such modification can occur only if the Regional 
Director determines, on the basis of coordination between the Regional 
Migratory Bird Permit Office and the Endangered Species Field Office, 
that the species listed in paragraph (d)(8)(i) of this section will not 
be adversely affected.
    (iii) If adverse effects are anticipated from the control activities 
in a geographical area where Endangered Species Act protection applies 
to any of the four species listed in paragraph (d)(8)(i) of this 
section, either during the intra-Service coordination discussions 
described in paragraph (d)(8)(i)(C) of this section or at any other 
time, the Regional Migratory Bird Permit Office will initiate 
consultation with the Endangered Species Field Offices.

[[Page 88]]

    (9) Responsible Agencies must, before they initiate any control 
activities in a given year, provide a one-time written notice to the 
appropriate Service Regional Migratory Bird Permit Office indicating 
that they intend to act under this order.
    (i) Additionally, if any Agency plans a single control action that 
would individually, or a succession of such actions that would 
cumulatively, kill more than 10 percent of the double-crested cormorants 
in a breeding colony, it must first provide written notification to the 
appropriate Service Regional Migratory Bird Permit Office. This letter 
must be received no later than 30 days in advance of the activity and 
must provide:
    (A) The location (indicating specific colonies, if applicable) of 
the proposed control activity;
    (B) A description of the proposed control activity, specifying what 
public resources are being impacted, how many birds are likely to be 
taken and what approximate percentage they are of total DCCOs present, 
and which species of other birds are present; and
    (C) Contact information for the person in charge of the control 
action.
    (ii) The Regional Director may prevent any such activity by 
notifying the agency in writing if the Regional Director deems the 
activity a threat to the long-term sustainability of double-crested 
cormorants or any other migratory bird species.
    (10) Persons operating under this order must keep records of all 
activities, including those of designated agents, carried out under this 
order. On an annual basis, Agencies must provide the Service Regional 
Migratory Bird Permit Office with a report detailing activities 
conducted under the authority of this order, including:
    (i) By date and location, a summary of the number of double-crested 
cormorants killed and/or number of nests in which eggs were oiled;
    (ii) A statement of efforts being made to minimize incidental take 
of nontarget species and a report of the number and species of migratory 
birds involved in such take, if any;
    (iii) A description of the impacts or anticipated impacts to public 
resources by double-crested cormorants and a statement of the management 
objectives for the area in question;
    (iv) A description of the evidence supporting the conclusion that 
double-crested cormorants are causing or will cause these impacts;
    (v) A discussion of other limiting factors affecting the resource 
(e.g., biological, environmental, and socioeconomic); and
    (vi) A discussion of how control efforts are expected to, or 
actually did, alleviate resource impacts.
    (11) Agencies must provide annual reports to the appropriate Service 
Regional Migratory Bird Permit Office, as described in paragraph (d)(10) 
of this section, by December 31 for the reporting period October 1 of 
the previous year to September 30 of the same year. For example, reports 
for the period October 1, 2003, to September 30, 2004, would be due on 
or before December 31, 2004. The Service will regularly review Agency 
reports and will periodically assess the overall impact of this program 
to ensure compatibility with the long-term conservation of double-
crested cormorants and other resources.
    (12) In some situations, Agencies may deem it necessary to reduce or 
eliminate local breeding populations of double-crested cormorants to 
reduce the occurrence of resource impacts.
    (i) For such actions, Agencies must:
    (A) Comply with paragraph (d)(9) of this section;
    (B) Carefully plan activities to avoid disturbance of nontarget 
species;
    (C) Evaluate effects of management activities on cormorants at the 
control site;
    (D) Evaluate, by means of collecting data or using best available 
information, effects of management activities on the public resources 
being protected and on nontarget species; and
    (E) Include this information in the report described in paragraph 
(d)(10) of this section.
    (ii) Agencies may coordinate with the appropriate Service Regional 
Migratory Bird Permit Office in the preparation of this information to 
attain technical or other assistance.
    (13) We reserve the right to suspend or revoke the authority of any 
Agency, Tribe, or State Director granted by

[[Page 89]]

this order if we find that the specified purpose, terms, and conditions 
have not been adhered to or if the long-term sustainability of double-
crested cormorant populations is threatened by the action(s) of that 
Agency, Tribe, or State Director. The criteria and procedures for 
suspension, revocation, reconsideration, and appeal are outlined in 
Sec. Sec. 13.27 through 13.29 of this subchapter. For the purposes of 
this section, ``issuing officer'' means the Regional Director and 
``permit'' means the authority to act under this depredation order. For 
purposes of Sec. 13.29(e), appeals shall be made to the Director.
    (e) Does this section contain information collection requirements? 
Yes, the information collection requirements in this section are 
approved by the Office of Management and Budget (OMB) under OMB control 
number 1018-0121. Federal agencies 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.
    (f) When does this depredation order expire? This depredation order 
will automatically expire on April 30, 2009, unless revoked or extended 
prior to that date.

[68 FR 58035, Oct. 8, 2003]



Sec. 21.49  Control order for resident Canada geese at airports and military airfields.

    (a) Which Canada geese are covered by this order? This regulation 
addresses the control and management of resident Canada geese, as 
defined in Sec. 21.3.
    (b) What is the control order for resident Canada geese at airports, 
and what is its purpose? The airport control order authorizes managers 
at commercial, public, and private airports (airports) (and their 
employees or their agents) and military air operation facilities 
(military airfields) (and their employees or their agents) to establish 
and implement a control and management program when necessary to resolve 
or prevent threats to public safety from resident Canada geese. Control 
and management activities include indirect and/or direct control 
strategies such as trapping and relocation, nest and egg destruction, 
gosling and adult trapping and culling programs, or other lethal and 
non-lethal control strategies.
    (c) Who may participate in the program? To be designated as an 
airport that is authorized to participate in this program, an airport 
must be part of the National Plan of Integrated Airport Systems and have 
received Federal grant-in-aid assistance, or a military airfield, 
meaning an airfield or air station that is under the jurisdiction, 
custody, or control of the Secretary of a military department. Only 
airports and military airfields in the lower 48 States and the District 
of Columbia are eligible to conduct and implement the various resident 
Canada goose control and management program components.
    (d) What are the restrictions of the control order for resident 
Canada geese at airports and military airfields? The airport control 
order for resident Canada geese is subject to the following 
restrictions:
    (1) Airports and military airfields should use nonlethal goose 
management tools to the extent they deem appropriate. To minimize lethal 
take, airports and military airfields should follow this procedure:
    (i) Assess the problem to determine its extent or magnitude, its 
impact on current operations, and the appropriate control method to be 
used.
    (ii) Base control methods on sound biological, environmental, 
social, and cultural factors.
    (iii) Formulate appropriate methods into a control strategy that 
uses several control techniques rather than relying on a single method.
    (iv) Implement all appropriate nonlethal management techniques (such 
as harassment and habitat modification) in conjunction with take 
authorized under this order.
    (2)(i) Methods of take for the control of resident Canada geese are 
at the airport's and military airfield's discretion from among the 
following:
    (A) Egg oiling,
    (B) Egg and nest destruction,
    (C) Shooting,
    (D) Lethal and live traps,
    (E) Nets,
    (F) Registered animal drugs, pesticides, and repellants,
    (G) Cervical dislocation, and
    (H) CO2 asphyxiation.

[[Page 90]]

    (ii) Birds caught live may be euthanized or transported and 
relocated to another site approved by the State or Tribal wildlife 
agency, if required.
    (iii) All techniques used must be in accordance with other Federal, 
State, and local laws, and their use must comply with any labeling 
restrictions.
    (iv) Persons using shotguns must use nontoxic shot, as listed in 
Sec. 20.21(j) of this subchapter.
    (v) Persons using egg oiling must use 100 percent corn oil, a 
substance exempted from regulation by the U.S. Environmental Protection 
Agency under the Federal Insecticide, Fungicide, and Rodenticide Act.
    (3) Airports and military airfields may conduct management and 
control activities, involving the take of resident Canada geese, under 
this section between April 1 and September 15. The destruction of 
resident Canada goose nests and eggs may take place between March 1 and 
June 30.
    (4) Airports and military airfields and their employees and agents 
may possess, transport, and otherwise dispose of resident Canada geese 
taken under this section. Disposal of birds taken under this order may 
be by donation to public museums or public institutions for scientific 
or educational purposes, processing for human consumption and subsequent 
distribution free of charge to charitable organizations, or burial or 
incineration. Airports/military airfields, their employees, and 
designated agents may not sell, offer for sale, barter, or ship for the 
purpose of sale or barter any resident Canada geese taken under this 
section, nor their plumage or eggs. Any specimens needed for scientific 
purposes as determined by the Regional Director must not be destroyed, 
and information on birds carrying metal leg bands must be submitted to 
the Bird Banding Laboratory by means of a toll-free telephone number at 
1-800-327-BAND (or 2263).
    (5) Resident Canada geese may be taken only within a 3-mile radius 
of the airport or military airfield. Airports and military airfields or 
their agents must first obtain all necessary authorizations from 
landowners for all management activities conducted outside the airport 
or military airfield's boundaries and be in compliance with all State 
and local laws and regulations.
    (6) Nothing in this section authorizes the killing of resident 
Canada geese or destruction of their nests and eggs contrary to the laws 
or regulations of any State or Tribe, and none of the privileges of this 
section may be exercised unless the airport or military airfield 
possesses the appropriate State or Tribal authorization or other permits 
required by the State or Tribe. Moreover, this section does not 
authorize the killing of any migratory bird species or destruction of 
their nest or eggs other than resident Canada geese.
    (7) Authorized airports and military airfields, and their employees 
and agents operating under the provisions of this section may not use 
decoys, calls, or other devices to lure birds within gun range.
    (8) Airports and military airfields exercising the privileges 
granted by this section must submit an annual report summarizing 
activities, including the date and numbers and location of birds, nests, 
and eggs taken, by December 31 of each year to the Regional Migratory 
Bird Permit Office listed in Sec. 2.2 of this subchapter.
    (9) Nothing in this section applies to any Federal land without 
written permission of the Federal agency with jurisdiction.
    (10) Airports and military airfields may not undertake any actions 
under this section if the activities adversely affect other migratory 
birds or species designated as endangered or threatened under the 
authority of the Endangered Species Act. Persons operating under this 
order must immediately report the take of any species protected under 
the Endangered Species Act to the Service. Further, to protect certain 
species from being adversely affected by management actions, airports 
and military airfields must:
    (i) Follow the Federal-State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest;
    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting

[[Page 91]]

Management guidelines for all management activities;
    (iv) Contact the Arizona Ecological Services Office (for the 
Colorado River and Arizona sites) or the Carlsbad Fish and Wildlife 
Office (for Salton Sea sites) if control activities are proposed in or 
around occupied habitats (cattail or cattail bulrush marshes) to discuss 
the proposed activity and ensure that implementation will not adversely 
affect clapper rails or their habitats; and
    (v) In California, any control activities of resident Canada geese 
in areas used by the following species listed under the Endangered 
Species Act must be done in coordination with the appropriate local FWS 
field office and in accordance with standard local operating procedures 
for avoiding adverse effects to the species or its critical habitat:
    (A) Birds: Light-footed clapper rail, California clapper rail, Yuma 
clapper rail, California least tern, southwestern willow flycatcher, 
least Bell's vireo, western snowy plover, California gnatcatcher.
    (B) Amphibians: California red-legged frog and California tiger 
salamander.
    (C) Insects: Valley elderberry longhorn beetle and delta green 
ground beetle.
    (D) Crustaceans: Vernal pool fairy shrimp, conservancy fairy shrimp, 
longhorn fairy shrimp, vernal pool tadpole shrimp, San Diego fairy 
shrimp, and Riverside fairy shrimp.
    (E) Plants: Butte County meadowfoam, large-flowered wooly 
meadowfoam, Cook's lomatium, Contra Costa goldfields, Hoover's spurge, 
fleshy owl's clover, Colusa grass, hairy Orcutt grass, Solano grass, 
Greene's tuctoria, Sacramento Valley Orcutt grass, San Joaquin Valley 
Orcutt grass, slender Orcutt grass, California Orcutt grass, spreading 
navarretia, and San Jacinto Valley crownscale.
    (e) Can the control order be suspended? We reserve the right to 
suspend or revoke an airport's or military airfield's authority under 
this control order if we find that the terms and conditions specified in 
the control order have not been adhered to by that airport or military 
airfield. Final decisions to revoke authority will be made by the 
appropriate Regional Director. The criteria and procedures for 
suspension, revocation, reconsideration, and appeal are outlined in 
Sec. Sec. 13.27 through 13.29 of this subchapter. For the purposes of 
this section, ``issuing officer'' means the Regional Director and 
``permit'' means the authority to act under this control order. For 
purposes of Sec. 13.29(e), appeals must be made to the Director.
    (f) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the control order? OMB has 
approved the information collection and recordkeeping requirements of 
the control order under OMB control number 1018-0133. 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. You 
may send comments on the information collection and recordkeeping 
requirements to the Service's Information Collection Clearance Officer, 
U.S. Fish and Wildlife Service, MS 222--ARLSQ, 1849 C Street NW., 
Washington, DC 20240.

[71 FR 45986, Aug. 10, 2006]



Sec. 21.50  Depredation order for resident Canada geese nests and eggs.

    (a) Which Canada geese are covered by this order? This regulation 
addresses the control and management of resident Canada geese, as 
defined in Sec. 21.3.
    (b) What is the depredation order for resident Canada geese nests 
and eggs, and what is its purpose? The nest and egg depredation order 
for resident Canada geese authorizes private landowners and managers of 
public lands (landowners) (and their employees or their agents) to 
destroy resident Canada goose nests and eggs on property under their 
jurisdiction when necessary to resolve or prevent injury to people, 
property, agricultural crops, or other interests.
    (c) Who may participate in the depredation order? Only landowners 
(and their employees or their agents) in the lower 48 States and the 
District of Columbia are eligible to implement the resident Canada goose 
nest and egg depredation order.
    (d) What are the restrictions of the depredation order for resident 
Canada goose nests and eggs? The resident Canada

[[Page 92]]

goose nest and egg depredation order is subject to the following 
restrictions:
    (1) Before any management actions can be taken, landowners must 
register with the Service at http://www.fws.gov/permits/mbpermits/
gooseeggregistration.html. Landowners must also register each employee 
or agent working on their behalf. Once registered, landowners or their 
agents will be authorized to act under the depredation order.
    (2) Landowners authorized to operate under the depredation order 
must use nonlethal goose management techniques to the extent they deem 
appropriate in an effort to minimize take.
    (3) Methods of nest destruction or take are at the landowner's 
discretion from among the following:
    (i) Egg oiling, using 100 percent corn oil, a substance exempted 
from regulation by the U.S. Environmental Protection Agency under the 
Federal Insecticide, Fungicide, and Rodenticide Act, and
    (ii) Removal and disposal of eggs and nest material.
    (4) Landowners authorized to operate under the depredation order may 
conduct resident Canada goose nest and egg destruction activities 
between March 1 and June 30.
    (5) Landowners authorized to operate under the depredation order may 
possess, transport, and dispose of resident Canada goose nests and eggs 
taken under this section. Landowners authorized to operate under the 
program may not sell, offer for sale, barter, or ship for the purpose of 
sale or barter any resident Canada goose nest or egg taken under this 
section.
    (6) Landowners exercising the privileges granted by this section 
must complete an annual report summarizing activities, including the 
date, numbers, and location of nests and eggs taken by October 31 of 
each year at http://www.fws.gov/permits/mbpermits/gooseeggregistration/
report.html before any subsequent registration for the following year.
    (7) Nothing in this section authorizes the destruction of resident 
Canada goose nests or the take of resident Canada goose eggs contrary to 
the laws or regulations of any State or Tribe, and none of the 
privileges of this section may be exercised unless the landowner is 
authorized to operate under the program and possesses the appropriate 
State or Tribal permits, when required. Moreover, this section does not 
authorize the killing of any migratory bird species or destruction of 
their nest or eggs other than resident Canada geese.
    (8) Landowners may not undertake any actions under this section if 
the activities adversely affect other migratory birds or species 
designated as endangered or threatened under the authority of the 
Endangered Species Act. Persons operating under this order must 
immediately report the take of any species protected under the 
Endangered Species Act to the Service. Further, to protect certain 
species from being adversely affected by management actions, landowners 
must:
    (i) Follow the Federal-State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest;
    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting Management guidelines for all management activities;
    (iv) Contact the Arizona Ecological Services Office (for the 
Colorado River and Arizona sites) or the Carlsbad Fish and Wildlife 
Office (for Salton Sea sites) if control activities are proposed in or 
around occupied habitats (cattail or cattail bulrush marshes) to discuss 
the proposed activity and ensure that implementation will not adversely 
affect clapper rails or their habitats; and
    (v) In California, any control activities of resident Canada geese 
in areas used by the following species listed under the Endangered 
Species Act must be done in coordination with the appropriate local FWS 
field office and in accordance with standard local operating procedures 
for avoiding adverse effects to the species or its critical habitat:
    (A) Birds: Light-footed clapper rail, California clapper rail, Yuma 
clapper rail, California least tern, southwestern willow flycatcher, 
least Bell's vireo, western snowy plover, California gnatcatcher.
    (B) Amphibians: California red-legged frog and California tiger 
salamander.

[[Page 93]]

    (C) Insects: Valley elderberry longhorn beetle and delta green 
ground beetle.
    (D) Crustaceans: Vernal pool fairy shrimp, conservancy fairy shrimp, 
longhorn fairy shrimp, vernal pool tadpole shrimp, San Diego fairy 
shrimp, and Riverside fairy shrimp.
    (E) Plants: Butte County meadowfoam, large-flowered wooly 
meadowfoam, Cook's lomatium, Contra Costa goldfields, Hoover's spurge, 
fleshy owl's clover, Colusa grass, hairy Orcutt grass, Solano grass, 
Greene's tuctoria, Sacramento Valley Orcutt grass, San Joaquin Valley 
Orcutt grass, slender Orcutt grass, California Orcutt grass, spreading 
navarretia, and San Jacinto Valley crownscale.
    (e) Can the depredation order be suspended? We reserve the right to 
suspend or revoke this authorization for a particular landowner if we 
find that the landowner has not adhered to the terms and conditions 
specified in the depredation order. Final decisions to revoke authority 
will be made by the appropriate Regional Director. The criteria and 
procedures for suspension, revocation, reconsideration, and appeal are 
outlined in Sec. Sec. 13.27 through 13.29 of this subchapter. For the 
purposes of this section, ``issuing officer'' means the Regional 
Director and ``permit'' means the authority to act under this 
depredation order. For purposes of Sec. 13.29(e), appeals must be made 
to the Director. Additionally, at such time that we determine that 
resident Canada goose populations no longer need to be reduced in order 
to resolve or prevent injury to people, property, agricultural crops, or 
other interests, we may choose to terminate part or all of the 
depredation order by subsequent regulation. In all cases, we will 
annually review the necessity and effectiveness of the depredation 
order.
    (f) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the depredation order? OMB has 
approved the information collection and recordkeeping requirements of 
the depredation order under OMB control number 1018-0133. 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. 
You may send comments on the information collection and recordkeeping 
requirements to the Service's Information Collection Clearance Officer, 
U.S. Fish and Wildlife Service, MS 222--ARLSQ, 1849 C Street NW., 
Washington, DC 20240.

[71 FR 45988, Aug. 10, 2006]



Sec. 21.51  Depredation order for resident Canada geese at agricultural facilities.

    (a) Which Canada geese are covered by this order? This regulation 
addresses the control and management of resident Canada geese, as 
defined in Sec. 21.3.
    (b) What is the depredation order for resident Canada geese at 
agricultural facilities, and what is its purpose? The depredation order 
for resident Canada geese at agricultural facilities authorizes States 
and Tribes, via the State or Tribal wildlife agency, to implement a 
program to allow landowners, operators, and tenants actively engaged in 
commercial agriculture (agricultural producers) (or their employees or 
agents) to conduct direct damage management actions such as nest and egg 
destruction, gosling and adult trapping and culling programs, or other 
lethal and non-lethal wildlife-damage management strategies on resident 
Canada geese when the geese are committing depredations to agricultural 
crops and when necessary to resolve or prevent injury to agricultural 
crops or other agricultural interests from resident Canada geese.
    (c) Who may participate in the depredation order? State and Tribal 
wildlife agencies in the following States may authorize agricultural 
producers (or their employees or agents) to conduct and implement 
various components of the depredation order at agricultural facilities 
in the Atlantic, Central, and Mississippi Flyway portions of these 
States: Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, 
Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, 
Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, 
Montana, Nebraska, New Hampshire, New Mexico, New Jersey, New York, 
North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode 
Island,

[[Page 94]]

South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West 
Virginia, Wisconsin, and Wyoming.
    (d) What are the restrictions of the depredation order for resident 
Canada geese at agricultural facilities? The depredation order for 
resident Canada geese at agricultural facilities is subject to the 
following restrictions:
    (1) Only landowners, operators, and tenants (or their employees or 
agents) actively engaged in commercial activities (agricultural 
producers) so designated by the States may act under this order.
    (2) Authorized agricultural producers should use nonlethal goose 
management tools to the extent they deem appropriate. To minimize lethal 
take, agricultural producers should adhere to the following procedure:
    (i) Assess the problem to determine its extent or magnitude, its 
impact to current operations, and the appropriate control method to be 
used.
    (ii) Base control methods on sound biological, environmental, 
social, and cultural factors.
    (iii) Formulate appropriate methods into a control strategy that 
uses the approach/concept that encourages the use of several control 
techniques rather than relying on a single method.
    (iv) Implement all appropriate nonlethal management techniques (such 
as harassment and habitat modification) in conjunction with take 
authorized under this order.
    (3)(i) Methods of take for the control of resident Canada geese are 
at the State's or Tribe's discretion among the following:
    (A) Egg oiling,
    (B) Egg and nest destruction,
    (C) Shotguns,
    (D) Lethal and live traps,
    (E) Nets,
    (F) Registered animal drugs, pesticides, and repellants,
    (G) Cervical dislocation, and
    (H) CO2 asphyxiation.
    (ii) Birds caught live may be euthanized or transported and 
relocated to another site approved by the State or Tribal wildlife 
agency, if required.
    (iii) All techniques used must be in accordance with other Federal, 
State, Tribal, and local laws, and their use must comply with any 
labeling restrictions.
    (iv) Persons using shotguns must use nontoxic shot, as listed in 
Sec. 20.21(j) of this subchapter.
    (v) Persons using egg oiling must use 100 percent corn oil, a 
substance exempted from regulation by the U.S. Environmental Protection 
Agency under the Federal Insecticide, Fungicide, and Rodenticide Act.
    (4) Authorized agricultural producers and their employees and agents 
may conduct management and control activities, involving the take of 
resident Canada geese, under this section between May 1 and August 31. 
The destruction of resident Canada goose nests and eggs may take place 
between March 1 and June 30.
    (5) Authorized agricultural producers and their employees and agents 
may possess, transport, and otherwise dispose of resident Canada geese 
taken under this section. Disposal of birds taken under this order may 
be by donation to public museums or public institutions for scientific 
or educational purposes, processing for human consumption and subsequent 
distribution free of charge to charitable organizations, or burial or 
incineration. Agricultural producers, their employees, and designated 
agents may not sell, offer for sale, barter, or ship for the purpose of 
sale or barter any resident Canada geese taken under this section, nor 
their plumage or eggs. Any specimens needed for scientific purposes as 
determined by the Director must not be destroyed, and information on 
birds carrying metal leg bands must be submitted to the Bird Banding 
Laboratory by means of a toll-free telephone number at 1-800-327-BAND 
(or 2263).
    (6) Resident Canada geese may be taken only on land which an 
authorized agricultural producer personally controls and where geese are 
committing depredations to agricultural crops.
    (7) Authorized agricultural producers, and their employees and 
agents, operating under the provisions of this section may not use 
decoys, calls, or other devices to lure birds within gun range.
    (8) Any authorized agricultural producer exercising the privileges 
of this section must keep and maintain a log

[[Page 95]]

that indicates the date and number of birds killed and the date and 
number of nests and eggs taken under this authorization. The log must be 
maintained for a period of 3 years (and records for 3 previous years of 
takings must be maintained at all times thereafter). The log and any 
related records must be made available to Federal, State, or Tribal 
wildlife enforcement officers upon request during normal business hours.
    (9) Nothing in this section authorizes the killing of resident 
Canada geese or the destruction of their nests and eggs contrary to the 
laws or regulations of any State or Tribe, and none of the privileges of 
this section may be exercised unless the agricultural producer possesses 
the appropriate State or Tribal permits, when required. Moreover, this 
regulation does not authorize the killing of any migratory bird species 
or destruction of their nests or eggs other than resident Canada geese.
    (10) States and Tribes exercising the privileges granted by this 
section must submit an annual report summarizing activities, including 
the numbers and County of birds, nests, and eggs taken, by December 31 
of each year to the Regional Migratory Bird Permit Office listed in 
Sec. 2.2 of this subchapter.
    (11) Nothing in this section applies to any Federal land without 
written permission of the Federal agency with jurisdiction.
    (12) Authorized agricultural producers may not undertake any actions 
under this section if the activities adversely affect other migratory 
birds or species designated as endangered or threatened under the 
authority of the Endangered Species Act. Persons operating under this 
order must immediately report the take of any species protected under 
the Endangered Species Act to the Service. Further, to protect certain 
species from being adversely affected by management actions, 
agricultural producers must:
    (i) Follow the Federal-State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest; and
    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting Management guidelines for all management activities.
    (e) Can the depredation order be suspended? We reserve the right to 
suspend or revoke a State, Tribal, or agricultural producer's authority 
under this program if we find that the terms and conditions specified in 
the depredation order have not been adhered to by that State or Tribe. 
Final decisions to revoke authority will be made by the appropriate 
Regional Director. The criteria and procedures for suspension, 
revocation, reconsideration, and appeal are outlined in Sec. Sec. 13.27 
through 13.29 of this subchapter. For the purposes of this section, 
``issuing officer'' means the Regional Director and ``permit'' means the 
authority to act under this depredation order. For purposes of Sec. 
13.29(e), appeals must be made to the Director. Additionally, at such 
time that we determine that resident Canada geese populations no longer 
pose a threat to agricultural crops or no longer need to be reduced in 
order to resolve or prevent injury to agricultural crops or other 
agricultural interests, we may choose to terminate part or all of the 
depredation order by subsequent regulation. In all cases, we will 
annually review the necessity and effectiveness of the depredation 
order.
    (f) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the depredation order? OMB has 
approved the information collection and recordkeeping requirements of 
the depredation order under OMB control number 1018-0133. 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. 
You may send comments on the information collection and recordkeeping 
requirements to the Service's Information Collection Clearance Officer, 
U.S. Fish and Wildlife Service, MS 222-ARLSQ, 1849 C Street, NW., 
Washington, DC 20240.

[71 FR 45989, Aug. 10, 2006]



Sec. 21.52  Public health control order for resident Canada geese.

    (a) Which Canada geese are covered by this order? This regulation 
addresses the control and management of resident Canada geese, as 
defined in Sec. 21.3.

[[Page 96]]

    (b) What is the public health control order for resident Canada 
geese, and what is its purpose? The public health control order for 
resident Canada geese authorizes States, Tribes, and the District of 
Columbia, via the State or Tribal wildlife agency, to conduct resident 
Canada goose control and management activities including direct control 
strategies such as trapping and relocation, nest and egg destruction, 
gosling and adult trapping and culling programs, or other lethal and 
non-lethal wildlife damage-management strategies when resident Canada 
geese are posing a direct threat to human health.
    (c) What is a direct threat to human health? A direct threat to 
human health is one where a Federal, State, Tribal, or local public 
health agency has determined that resident Canada geese pose a specific, 
immediate human health threat by creating conditions conducive to the 
transmission of human or zoonotic pathogens. The State or Tribe may not 
use this control order for situations in which resident Canada geese are 
merely causing a nuisance.
    (d) Who may participate in the program? Only State and Tribal 
wildlife agencies in the lower 48 States and the District of Columbia 
(or their employees or agents) may conduct and implement the various 
components of the public health control order for resident Canada geese.
    (e) What are the restrictions of the public health depredation order 
for resident Canada geese? The public health control order for resident 
Canada geese is subject to the following restrictions:
    (1) Authorized State and Tribal wildlife agencies should use 
nonlethal goose management tools to the extent they deem appropriate.
    (2)(i) Methods of take for the control of resident Canada geese are 
at the State's and Tribe's discretion from among the following:
    (A) Egg oiling,
    (B) Egg and nest destruction,
    (C) Shotguns,
    (D) Lethal and live traps,
    (E) Nets,
    (F) Registered animal drugs, pesticides, and repellants,
    (G) Cervical dislocation, and
    (H) CO2 asphyxiation.
    (ii) Birds caught live may be euthanized or transported and 
relocated to another site approved by the State or Tribal wildlife 
agency, if required.
    (iii) All techniques used must be in accordance with other Federal, 
State, Tribal, and local laws, and their use must comply with any 
labeling restrictions.
    (iv) Persons using shotguns must use nontoxic shot, as listed in 
Sec. 20.21(j) of this subchapter.
    (v) Persons using egg oiling must use 100 percent corn oil, a 
substance exempted from regulation by the U.S. Environmental Protection 
Agency under the Federal Insecticide, Fungicide, and Rodenticide Act.
    (3) Authorized State and Tribal wildlife agencies and their 
employees and agents may conduct management and control activities, 
involving the take of resident Canada geese, under this section between 
April 1 and August 31. The destruction of resident Canada goose nests 
and eggs may take place between March 1 and June 30.
    (4) Authorized State and Tribal wildlife agencies and their 
employees and agents may possess, transport, and otherwise dispose of 
resident Canada geese taken under this section. Disposal of birds taken 
under this order may be by donation to public museums or public 
institutions for scientific or educational purposes, processing for 
human consumption and subsequent distribution free of charge to 
charitable organizations, or burial or incineration. States, their 
employees, and designated agents may not sell, offer for sale, barter, 
or ship for the purpose of sale or barter any resident Canada geese 
taken under this section, nor their plumage or eggs. Any specimens 
needed for scientific purposes as determined by the Regional Director 
must not be destroyed, and information on birds carrying metal leg bands 
must be submitted to the Bird Banding Laboratory by means of a toll-free 
telephone number at 1-800-327-BAND (or 2263).
    (5) Resident Canada geese may be taken only within the specified 
area of the direct threat to human health.
    (6) Authorized State and Tribal wildlife agencies, and their 
employees and agents operating under the provisions

[[Page 97]]

of this section may not use decoys, calls, or other devices to lure 
birds within gun range.
    (7) No person conducting activities under this section should 
construe the program as authorizing the killing of resident Canada geese 
or destruction of their nests and eggs contrary to any State law or 
regulation, nor may any control activities be conducted on any Federal 
land without specific authorization by the responsible management 
agency. No person may exercise the privileges granted under this section 
unless they possess any permits required for such activities by any 
State or Federal land manager.
    (8) Any State or Tribal employee or designated agent authorized to 
carry out activities under this section must have a copy of the State's 
or Tribal authorization and designation in their possession when 
carrying out any activities. If the State or Tribe is conducting 
operations on private property, the State or Tribe must also require the 
property owner or occupant on whose premises resident Canada goose 
activities are being conducted to allow, at all reasonable times, 
including during actual operations, free and unrestricted access to any 
Service special agent or refuge officer, State or Tribal wildlife or 
deputy wildlife agent, warden, protector, or other wildlife law 
enforcement officer on the premises where they are, or were, conducting 
activities. Furthermore, any State or Tribal employee or designated 
agent conducting such activities must promptly furnish whatever 
information is required concerning such activities to any such wildlife 
officer.
    (9) States and Tribes exercising the privileges granted by this 
section must submit an annual report summarizing activities, including 
the numbers and County of birds taken, by December 31 of each year to 
the Regional Migratory Bird Permit Office listed in Sec. 2.2 of this 
subchapter.
    (10) Authorized State and Tribal wildlife agencies may not undertake 
any actions under this section if the activities adversely affect other 
migratory birds or species designated as endangered or threatened under 
the authority of the Endangered Species Act. Persons operating under 
this order must immediately report the take of any species protected 
under the Endangered Species Act to the Service. Further, to protect 
certain species from being adversely affected by management actions, 
State and Tribal wildlife agencies must:
    (i) Follow the Federal-State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest;
    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting Management guidelines for all management activities;
    (iv) Contact the Arizona Fish and Wildlife Service Ecological 
Services Office (for the Colorado River and Arizona sites) or the 
Carlsbad Fish and Wildlife Office (for Salton Sea sites) if control 
activities are proposed in or around occupied habitats (cattail or 
cattail bulrush marshes) to discuss the proposed activity and ensure 
that implementation will not adversely affect clapper rails or their 
habitats; and
    (v) In California, any control activities of resident Canada geese 
in areas used by the following species listed under the Endangered 
Species Act must be done in coordination with the appropriate local FWS 
field office and in accordance with standard local operating procedures 
for avoiding adverse effects to the species or its critical habitat:
    (A) Birds: Light-footed clapper rail, California clapper rail, Yuma 
clapper rail, California least tern, southwestern willow flycatcher, 
least Bell's vireo, western snowy plover, California gnatcatcher.
    (B) Amphibians: California red-legged frog and California tiger 
salamander.
    (C) Insects: Valley elderberry longhorn beetle and delta green 
ground beetle.
    (D) Crustaceans: Vernal pool fairy shrimp, conservancy fairy shrimp, 
longhorn fairy shrimp, vernal pool tadpole shrimp, San Diego fairy 
shrimp, and Riverside fairy shrimp.
    (E) Plants: Butte County meadowfoam, large-flowered wooly 
meadowfoam, Cook's lomatium, Contra Costa goldfields, Hoover's spurge, 
fleshy owl's clover, Colusa grass, hairy Orcutt grass, Solano grass, 
Greene's

[[Page 98]]

tuctoria, Sacramento Valley Orcutt grass, San Joaquin Valley Orcutt 
grass, slender Orcutt grass, California Orcutt grass, spreading 
navarretia, and San Jacinto Valley crownscale.
    (f) Can the control order be suspended? We reserve the right to 
suspend or revoke a State's or Tribe's authority under this program if 
we find that the terms and conditions specified in the depredation order 
have not been adhered to by that agency. Final decisions to revoke 
authority will be made by the appropriate Regional Director. The 
criteria and procedures for suspension, revocation, reconsideration, and 
appeal are outlined in Sec. Sec. 13.27 through 13.29 of this 
subchapter. For the purposes of this section, ``issuing officer'' means 
the Regional Director and ``permit'' means the authority to act under 
this control order. For purposes of Sec. 13.29(e), appeals must be made 
to the Director. Additionally, at such time that we determine that 
resident Canada geese populations no longer pose direct threats to human 
health, we may choose to terminate part or all of the control order by 
subsequent regulation. In all cases, we will annually review the 
necessity and effectiveness of the control order.
    (g) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the control order? OMB has 
approved the information collection and recordkeeping requirements of 
the control order under OMB control number 1018-0133. 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. You 
may send comments on the information collection and recordkeeping 
requirements to the Service's Information Collection Clearance Officer, 
U.S. Fish and Wildlife Service, MS 222-ARLSQ, 1849 C Street, NW., 
Washington, DC 20240.

[71 FR 45990, Aug. 10, 2006]



      Subpart E_Control of Overabundant Migratory Bird Populations



Sec. 21.60  Conservation order for mid-continent light geese.

    (a) Which waterfowl species are covered by this order? This 
conservation order addresses management of lesser snow (Anser c. 
caerulescens) and Ross' (Anser rossii) geese that breed, migrate, and 
winter in the mid-continent portion of North America, primarily in the 
Central and Mississippi Flyways (mid-continent light geese).
    (b) In what areas can the conservation order be implemented? (1) The 
following States, or portions of States, that are contained within the 
boundaries of the Central and Mississippi Flyways: Alabama, Arkansas, 
Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 
Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New 
Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, 
Wisconsin, and Wyoming.
    (2) Tribal lands within the geographic boundaries in paragraph 
(b)(1) of this section.
    (3) The following areas within the boundaries in paragraph (b)(1) of 
this section are closed to the conservation order after 10 March of each 
year: Monte Vista National Wildlife Refuge (CO); Bosque del Apache 
National Wildlife Refuge (NM); the area within 5 miles of the Platte 
River from Lexington, Nebraska to Grand Island, Nebraska; the following 
area in and around Aransas National Wildlife Refuge; those portions of 
Refugio, Calhoun, and Aransas counties that lie inside a line extending 
from 5 nautical miles offshore to and including Pelican Island, thence 
to Port O'Conner, thence northwest along State Highway 185 and southwest 
along State Highway 35 to Aransas Pass, thence southeast along State 
Highway 361 to Port Aransas, thence east along the Corpus Christi 
Channel, thence southeast along the Aransas Channel, extending to 5 
nautical miles offshore; except that it is lawful to take mid-continent 
light geese after 10 March of each year within the Guadalupe WMA. If at 
any time we receive evidence that a need to close the areas in this 
paragraph (b)(3)

[[Page 99]]

no longer exists, we will publish a proposal to remove the closures in 
the Federal Register.
    (c) What is required in order for State/Tribal governments to 
participate in the conservation order? Any State or Tribal government 
responsible for the management of wildlife and migratory birds may, 
without permit, kill or cause to be killed under its general 
supervision, mid-continent light geese under the following conditions:
    (1) Activities conducted under this section may not affect 
endangered or threatened species as designated under the Endangered 
Species Act.
    (2) Control activities must be conducted clearly as such and are 
intended to relieve pressures on migratory birds and habitat essential 
to migratory bird populations only and are not to be construed as 
opening, re-opening, or extending any open hunting season contrary to 
any regulations promulgated under section 3 of the Migratory Bird Treaty 
Act.
    (3) Control activities may be conducted only when all waterfowl and 
crane hunting seasons, excluding falconry, are closed.
    (4) Control measures employed through this section may be 
implemented only between the hours of one-half hour before sunrise to 
one-half hour after sunset.
    (5) Nothing in this section may limit or initiate management actions 
on Federal land without concurrence of the Federal Agency with 
jurisdiction.
    (6) States and Tribes must designate participants who must operate 
under the conditions of this section.
    (7) States and Tribes must inform participants of the requirements/
conditions of this section that apply.
    (8) States and Tribes must keep records of activities carried out 
under the authority of this section, including the number of mid-
continent light geese taken under this section, the methods by which 
they were taken, and the dates they were taken. The States and Tribes 
must submit an annual report summarizing activities conducted under this 
section on or before August 30 of each year, to the Chief, Division of 
Migratory Bird Management, U.S. Fish and Wildlife Service, ms 634--
ARLSQ, 1849 C Street NW., Washington, DC 20240.
    (d) What is required in order for individuals to participate in the 
conservation order? Individual participants in State or tribal programs 
covered by this section are required to comply with the following 
requirements:
    (1) Nothing in this section authorizes the take of mid-continent 
light geese contrary to any State or Tribal laws or regulations; and 
none of the privileges granted under this section may be exercised 
unless persons acting under the authority of the conservation order 
possesses whatever permit or other authorization(s) required for such 
activities by the State or Tribal government concerned.
    (2) Participants who take mid-continent light geese under this 
section may not sell or offer for sale those birds nor their plumage, 
but may possess, transport, and otherwise properly use them.
    (3) Participants acting under the authority of this section must 
permit at all reasonable times, including during actual operations, any 
Federal or State game or deputy game agent, warden, protector, or other 
game law enforcement officer free and unrestricted access over the 
premises on which such operations have been or are being conducted, and 
must promptly furnish whatever information an officer requires 
concerning the operation.
    (4) Participants acting under the authority of this section may take 
mid-continent light geese by any method except those prohibited as 
follows:
    (i) With a trap, snare, net, rifle, pistol, swivel gun, shotgun 
larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, 
poison, drug, explosive, or stupefying substance;
    (ii) From or by means, aid, or use of a sinkbox or any other type of 
low floating device, having a depression affording the person a means of 
concealment beneath the surface of the water;
    (iii) From or by means, aid, or use of any motor vehicle, motor-
driven land conveyance, or aircraft of any kind, except that paraplegics 
and persons missing one or both legs may take from any stationary motor 
vehicle or stationary motor-driven land conveyance;

[[Page 100]]

    (iv) From or by means of any motorboat or other craft having a motor 
attached, or any sailboat, unless the motor has been completely shut off 
and the sails furled, and its progress therefrom has ceased. A craft 
under power may be used only to retrieve dead or crippled birds; 
however, the craft may not be used under power to shoot any crippled 
birds;
    (v) By the use or aid of live birds as decoys; although not limited 
to, it shall be a violation of this paragraph for any person to take 
mid-continent light geese on an area where tame or captive live geese 
are present unless such birds are and have been for a period of 10 
consecutive days before the taking, confined within an enclosure that 
substantially reduces the audibility of their calls and totally conceals 
the birds from the sight of mid-continent light geese;
    (vi) By means or aid of any motor-driven land, water, or air 
conveyance, or any sailboat used for the purpose of or resulting in the 
concentrating, driving, rallying, or stirring up of mid-continent light 
geese;
    (vii) By the aid of baiting, or on or over any baited area. As used 
in this paragraph, ``baiting'' means the placing, exposing, depositing, 
distributing, or scattering of shelled, shucked, or unshucked corn, 
wheat or other grain, salt, or other feed so as to constitute for such 
birds a lure, attraction or enticement to, on, or over any areas where 
hunters are attempting to take them; and ``baited area'' means any area 
where shelled, shucked, or unshucked corn, wheat or other grain, salt, 
or other feed capable of luring, attracting, or enticing such birds is 
directly or indirectly placed, exposed, deposited, distributed, or 
scattered; and such area shall remain a baited area for 10 days 
following complete removal of all such corn, wheat or other grain, salt, 
or other feed. However, nothing in this paragraph prohibits the taking 
of mid-continent light geese on or over standing crops, flooded standing 
crops (including aquatics), flooded harvested croplands, grain crops 
properly shucked on the field where grown, or grains found scattered 
solely as the result of normal agricultural planting or harvesting; or
    (viii) Participants may not possess shot (either in shotshells or as 
loose shot for muzzleloading) other than steel shot, or bismuth-tin, or 
other shots that are authorized in 50 CFR 20.21(j). Season limitations 
in that section do not apply to participants acting under this order.
    (e) Under what conditions would the conservation order be revoked? 
The Service will annually assess the overall impact and effectiveness of 
the conservation order to ensure compatibility with long-term 
conservation of this resource. If at any time we receive that clearly 
demonstrates a serious threat of injury to the area or areas involved no 
longer exists, we will initiate action to revoke the conservation order.
    (f) Will information concerning the conservation order be collected? 
The information collection requirements of the conservation order have 
been approved by OMB and assigned clearance number 1018-0103. Agencies 
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. The recordkeeping and reporting requirements imposed 
under regulations established in this subpart E will be utilized to 
administer this program, particularly in the assessment of impacts 
alternative regulatory strategies may have on mid-continent light geese 
and other migratory bird populations. The information collected will be 
required to authorize State and Tribal governments responsible for 
migratory bird management to take mid-continent light geese within the 
guidelines provided by the Service.

[66 FR 32265, June 14, 2001]



Sec. 21.61  Population control of resident Canada geese.

    (a) Which Canada geese are covered by this regulation? This 
regulation addresses the population control of resident Canada geese, as 
defined in Sec. 21.3.
    (b) What is the resident Canada goose population control program, 
and what is its purpose? The resident Canada goose population control 
program is a managed take program implemented under the authority of the 
Migratory Bird Treaty Act to reduce and stabilize resident Canada goose 
populations when

[[Page 101]]

traditional and otherwise authorized management measures are 
unsuccessful, not feasible for dealing with, or applicable, in 
preventing injury to property, agricultural crops, public health, and 
other interests from resident Canada geese. The Director is authorized 
to allow States and Tribes to implement a population control, or managed 
take, program to remedy these injuries. When authorized by the Director, 
managed take allows additional methods of taking resident Canada geese, 
allows shooting hours for resident Canada geese to extend to one-half 
hour after sunset, and removes daily bag limits for resident Canada 
geese inside or outside the migratory bird hunting season frameworks as 
described in this section. The intent of the program is to reduce 
resident Canada goose populations in order to protect personal property 
and agricultural crops and other interests from injury and to resolve 
potential concerns about human health. The management and control 
activities allowed or conducted under the program are intended to 
relieve or prevent damage and injurious situations. No person should 
construe this program as opening, reopening, or extending any hunting 
season contrary to any regulations established under section 3 of the 
Migratory Bird Treaty Act.
    (c) What areas are eligible to participate in the program? When 
approved by the Director, the State and Tribal wildlife agencies of 
Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, 
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, 
Nebraska, New Hampshire, New Jersey, New Mexico, New York, North 
Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, 
South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West 
Virginia, Wisconsin, and Wyoming may implement the resident Canada goose 
population control program components in the Atlantic, Central, and 
Mississippi Flyway portions of these States.
    (d) What is required in order for State governments to participate 
in a managed take program? Following the conclusion of the first full 
operational year of Sec. Sec. 21.49 through 21.52 of this part, any 
wildlife agency from a State listed in 21.61(c) may request approval for 
the population control program. A request must include a discussion of 
the State's or Tribe's efforts to address its injurious situations 
utilizing the methods approved in this rule or a discussion of the 
reasons why the methods authorized by these rules are not feasible for 
dealing with, or applicable to, the injurious situations that require 
further action. Discussions should be detailed and provide the Service 
with a clear understanding of the injuries that continue, why the 
authorized methods utilized have not worked, and why methods not 
utilized could not effectuate resolution of the injuries. A State's 
request for approval may be for an area or areas smaller than the entire 
State. Upon written approval by the Director, any State or Tribal 
government responsible for the management of wildlife and migratory 
birds may, without permit, kill or cause to be killed under its general 
supervision, resident Canada geese under the following conditions:
    (1) Activities conducted under the managed take program may not 
affect endangered or threatened species as designated under the 
Endangered Species Act.
    (2) Control activities may be conducted under this section only 
between August 1 and August 30.
    (3) Control measures employed through this section may be 
implemented only between the hours of one-half hour before sunrise to 
one-half hour after sunset.
    (4) Nothing in the program may limit or initiate management actions 
on Federal land without concurrence of the Federal agency with 
jurisdiction.
    (5) States and Tribes must designate participants who must operate 
under the conditions of the managed take program.
    (6) States and Tribes must inform participants of the requirements/
conditions of the program that apply.
    (7) States and Tribes must keep annual records of activities carried 
out under the authority of the program. Specifically, information must 
be collected on:

[[Page 102]]

    (i) The number of individuals participating in the program;
    (ii) The number of days individuals participated in the program;
    (iii) The total number of resident Canada geese shot and retrieved 
during the program; and
    (iv) The number of resident Canada geese shot but not retrieved. The 
States and Tribes must submit an annual report summarizing activities 
conducted under the program and an assessment of the continuation of the 
injuries on or before June 1 of each year to the Chief, Division of 
Migratory Bird Management, 4401 North Fairfax Drive, ms-MBSP-4107, 
Arlington, Virginia 22203.
    (e) What is required for individuals to participate in the program? 
Individual participants in State and Tribal programs covered by the 
managed take program must comply with the following requirements:
    (1) Participants must comply with all applicable State and Tribal 
laws or regulations including possession of whatever permit(s) or other 
authorization(s) may be required by the State or Tribal government 
concerned.
    (2) Participants who take resident Canada geese under the program 
may not sell or offer for sale those birds or their plumage, but may 
possess, transport, and otherwise properly use them.
    (3) Participants must permit at all reasonable times, including 
during actual operations, any Service special agent or refuge officer, 
State or Tribal wildlife or deputy wildlife agent, warden, protector, or 
other wildlife law enforcement officer free and unrestricted access over 
the premises on which such operations have been or are being conducted 
and must promptly furnish whatever information an officer requires 
concerning the operation.
    (4) Participants may take resident Canada geese by any method except 
those prohibited as follows:
    (i) With a trap, snare, net, rifle, pistol, swivel gun, shotgun 
larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, 
poison, drug, explosive, or stupefying substance.
    (ii) From or by means, aid, or use of a sinkbox or any other type of 
low-floating device, having a depression affording the person a means of 
concealment beneath the surface of the water.
    (iii) From or by means, aid, or use of any motor vehicle, motor-
driven land conveyance, or aircraft of any kind, except that paraplegic 
persons and persons missing one or both legs may take from any 
stationary motor vehicle or stationary motor-driven land conveyance.
    (iv) From or by means of any motorboat or other craft having a motor 
attached, or any sailboat, unless the motor has been completely shut off 
and the sails furled, and its progress has ceased. A craft under power 
may be used only to retrieve dead or crippled birds; however, the craft 
may not be used under power to shoot any crippled birds.
    (v) By the use or aid of live birds as decoys. No person may take 
resident Canada geese on an area where tame or captive live geese are 
present unless such birds are, and have been for a period of 10 
consecutive days before the taking, confined within an enclosure that 
substantially reduces the audibility of their calls and totally conceals 
the birds from the sight of resident Canada geese.
    (vi) By means or aid of any motor-driven land, water, or air 
conveyance, or any sailboat used for the purpose of or resulting in the 
concentrating, driving, rallying, or stirring up of resident Canada 
geese.
    (vii) By the aid of baiting, or on or over any baited area, where a 
person knows or reasonably should know that the area is or has been 
baited as described in Sec. 20.11(j) and (k) of this part. Resident 
Canada geese may not be taken on or over lands or areas that are baited 
areas, and where grain or other feed has been distributed or scattered 
solely as the result of manipulation of an agricultural crop or other 
feed on the land where grown, or solely as the result of a normal 
agricultural operation as described in Sec. 20.11(h) and (l) of this 
part. However, nothing in this paragraph prohibits the taking of 
resident Canada geese on or over the following lands or areas that are 
not otherwise baited areas:
    (A) Standing crops or flooded standing crops (including aquatics); 
standing, flooded, or manipulated natural

[[Page 103]]

vegetation; flooded harvested croplands; or lands or areas where seeds 
or grains have been scattered solely as the result of a normal 
agricultural planting, harvesting, post-harvest manipulation or normal 
soil stabilization practice as described in Sec. 20.11(g), (i), (l), 
and (m) of this part;
    (B) From a blind or other place of concealment camouflaged with 
natural vegetation;
    (C) From a blind or other place of concealment camouflaged with 
vegetation from agricultural crops, as long as such camouflaging does 
not result in the exposing, depositing, distributing, or scattering of 
grain or other feed; or
    (D) Standing or flooded standing agricultural crops where grain is 
inadvertently scattered solely as a result of a hunter entering or 
exiting a hunting area, placing decoys, or retrieving downed birds.
    (E) Participants may not possess shot (either in shotshells or as 
loose shot for muzzleloading) other than steel shot, bismuth-tin, 
tungsten-iron, tungsten-polymer, tungsten-matrix, tungsten-nickel iron, 
or other shots that are authorized in Sec. 20.21(j) of this part.
    (f) Under what conditions would we suspend the managed take program? 
Following authorization by the Director, we will annually assess the 
overall impact and effectiveness of the program on resident Canada goose 
populations to ensure compatibility with long-term conservation of this 
resource. If at any time evidence is presented that clearly demonstrates 
that resident Canada geese populations no longer need to be reduced in 
order to allow resolution or prevention of injury to people, property, 
agricultural crops, or other interests, the Director, in writing, will 
suspend the program for the resident Canada goose population in 
question. However, resumption of injuries caused by growth of the 
population and not otherwise addressable by the methods available in 
part 21 may warrant reinstatement of such regulations. A State must 
reapply for approval, including the same information and discussions 
noted in 21.61(d). Depending on the location of the injury or threat or 
injury, the Director, in writing, may suspend or reinstate this 
authorization for one or more resident Canada goose populations, but not 
others.
    (g) What population information is the State or Tribe required to 
collect concerning the resident Canada goose managed take program? 
Participating States and Tribes must provide an annual estimate of the 
breeding population and distribution of resident Canada geese in their 
State. The States and Tribes must submit this estimate on or before 
August 1 of each year, to the Chief, Division of Migratory Bird 
Management, 4401 N. Fairfax Dr., MBSP-4107, Arlington, Virginia 22203.
    (h) What are the general program conditions and restrictions? The 
program is subject to the conditions elsewhere in this section, and, 
unless otherwise specifically authorized, the following conditions:
    (1) Nothing in this section applies to any Federal land within a 
State's or Tribe's boundaries without written permission of the Federal 
agency with jurisdiction.
    (2) States may not undertake any actions under this section if the 
activities adversely affect other migratory birds or species designated 
as endangered or threatened under the authority of the Endangered 
Species Act. Persons operating under this section must immediately 
report the take of any species protected under the Endangered Species 
Act to the Service. Further, to protect certain species from being 
adversely affected by management actions, States must:
    (i) Follow the Federal State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest; and
    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting Management guidelines for all management activities.
    (i) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the program? OMB has approved the 
information collection and recordkeeping requirements of the program 
under OMB control number 1018-0133. 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. You

[[Page 104]]

may send comments on the information collection and recordkeeping 
requirements to the Service's Information Collection Clearance Officer, 
U.S. Fish and Wildlife Service, MS 222--ARLSQ, 1849 C Street, NW., 
Washington, DC 20240.

[71 FR 45992, Aug. 10, 2006]



PART 22_EAGLE PERMITS--Table of Contents




                         Subpart A_Introduction

Sec.
22.1 What is the purpose of this part?
22.2 What activities does this part apply to?
22.3 What definitions do you need to know?
22.4 Information collection requirements.

                     Subpart B_General Requirements

22.11 What is the relationship to other permit requirements?
22.12 What activities are illegal?

                         Subpart C_Eagle Permits

22.21 What are the requirements concerning scientific and exhibition 
          purpose permits?
22.22 What are the requirements concerning permits for Indian religious 
          purposes?
22.23 What are the requirements for permits to take depredating eagles?
22.24 Permits for falconry purposes.
22.25 What are the requirements concerning permits to take golden eagle 
          nests?

          Subpart D_Depredation Control Orders on Golden Eagles

22.31 Golden eagle depredations control order on request of Governor of 
          a State.
22.32 Conditions and limitations on taking under depredation control 
          order.

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

    Source: 39 FR 1183, Jan. 4, 1974, unless otherwise noted.



                         Subpart A_Introduction



Sec. 22.1  What is the purpose of this part?

    This part controls the taking, possession, and transportation within 
the United States of bald and golden eagles for scientific, educational, 
and depredation control purposes and for the religious purposes of 
American Indian tribes. This part also governs the transportation into 
or out of the United States of bald and golden eagle parts for 
scientific, educational, and Indian religious purposes. The import, 
export, purchase, sale, trade, or barter of bald and golden eagles, or 
their parts, nests, or eggs is prohibited.

[64 FR 50472, Sept. 17, 1999]



Sec. 22.2  What activities does this part apply to?

    (a)(1) You can possess or transport within the United States, 
without a Federal permit:
    (i) Any live or dead bald eagles, or their parts, nests, or eggs 
that were lawfully acquired before June 8, 1940; and
    (ii) Any live or dead golden eagles, or their parts, nests, or eggs 
that were lawfully acquired before October 24, 1962.
    (2) You may not transport into or out of the United States, import, 
export, purchase, sell, trade, barter, or offer for purchase, sale, 
trade, or barter bald or golden eagles, or their parts, nests, or eggs 
of these lawfully acquired pre-act birds. However, you may transport 
into or out of the United States any lawfully acquired dead bald or 
golden eagles, their parts, nests, or dead eagles, if you acquire a 
permit issued under Sec. 22.22 of this part.
    (3) No exemption from any statute or regulation will apply to any 
offspring of these pre-act birds.
    (4) You must mark all shipments containing bald or golden eagles, 
alive or dead, their parts, nests, or eggs as directed in Sec. 14.81 of 
this subchapter. The markings must contain the name and address of the 
person the shipment is going to, the name and address of the person the 
shipment is coming from, an accurate list of contents by species, and 
the number of each species.
    (b) The provisions in this part are in addition to, and are not in 
lieu of, other regulations of this subchapter B which may require a 
permit or prescribe additional restrictions or conditions for the 
importation, exportation, and interstate transportation of wildlife (see 
also part 13 of this subchapter).

[39 FR 1183, Jan. 4, 1974, as amended at 64 FR 50472, Sept. 17, 1999]

[[Page 105]]



Sec. 22.3  What definitions do you need to know?

    In addition to definitions contained in part 0 of this subchapter, 
and unless the context otherwise requires, in this part 22:
    Area nesting population means the number of pairs of golden eagles 
known to have a resting attempt during the preceding 12 months within a 
10-mile radius of a golden eagle nest.
    Export for the purpose of this part does not include the 
transportation of any dead bald or golden eagles, or their parts, nests, 
or dead eggs out of the United States when accompanied with a valid 
transportation permit.
    Golden eagle nest means any readily identifiable structure built, 
maintained or occupied by golden eagles for propagation purposes.
    Import for the purpose of this part does not include the 
transportation of any dead bald or golden eagles, or their parts, nests, 
or dead eggs into the United States when accompanied with a valid 
transportation permit.
    Inactive nest means a golden eagle nest that is not currently used 
by golden eagles as determined by the absence of any adult, egg, or 
dependent young at the nest during the 10 days before the nest is taken.
    Nesting attempt means any activity by golden eagles involving egg 
laying and incubation as determined by the presence of an egg attended 
by an adult, an adult in incubation posture, or other evidence 
indicating recent use of a golden eagle nest for incubation of eggs or 
rearing of young.
    Person means an individual, corporation, partnership, trust, 
association, or any other private entity, or any officer, employee, 
agent, department, or instrumentality of any State or political 
subdivision of a State.
    Resource development or recovery includes, but is not limited to, 
mining, timbering, extracting oil, natural gas and geothermal energy, 
construction of roads, dams, reservoirs, power plants, power 
transmission lines, and pipelines, as well as facilities and access 
routes essential to these operations, and reclamation following any of 
these operations.
    Take includes also pursue, shoot, shoot at, poison, wound, kill, 
capture, trap, collect, or molest or disturb.
    Transportation into or out of the United States for the purpose of 
this part means that the permitted item or items transported into or out 
of the United States do not change ownership at any time, they are not 
transferred from one person to another in the pursuit of gain or profit, 
and they are transported into or out of the United States for Indian 
religious purposes, or for scientific or exhibition purposes under the 
conditions and during the time period specified on a transportation 
permit for the items.

[39 FR 1183, Jan. 4, 1974, as amended at 48 FR 57300, Dec. 29, 1983; 64 
FR 50472, Sept. 17, 1999]



Sec. 22.4  Information collection requirements.

    (a) The Office of Management and Budget approved the information 
collection requirements contained in this part 22 under 44 U.S.C. 3507 
and assigned OMB Control Number 1018-0022. The Service 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. We 
are collecting this information to provide information necessary to 
evaluate permit applications. We will use this information to review 
permit applications and make decisions, according to criteria 
established in the Bald and Golden Eagle Protection Act and its 
regulations, on the issuance, suspension, revocation, or denial of 
permits. You must respond to obtain or retain a permit.
    (b) We estimate the public reporting burden for these reporting 
requirements to vary from 1 to 4 hours per response, with an average of 
1 hour per response, including time for reviewing instructions, 
gathering and maintaining data, and completing and reviewing the forms. 
Direct comments regarding the burden estimate or any other aspect of 
these reporting requirements to the Service Information Collection 
Control Officer, MS-222 ARLSQ, U.S. Fish and Wildlife Service, 
Washington, DC 20240, or the Office of Management and Budget, Paperwork 
Reduction

[[Page 106]]

Project (1018-0022), Washington, DC 20603.

[63 FR 52637, Oct. 1, 1998]



                     Subpart B_General Requirements



Sec. 22.11  What is the relationship to other permit requirements?

    You may not take, possess, or transport any bald eagle (Haliaeetus 
leucocephalus) or any golden eagle (Aquila chrysaetos), or the parts, 
nests, or eggs of such birds, except as allowed by a valid permit issued 
under this part, 50 CFR part 13, and/or 50 CFR part 21 as provided by 
Sec. 21.2, or authorized under a depredation order issued under subpart 
D of this part. We will accept a single application for a permit under 
this part and any other parts of this subchapter B if it includes all of 
the information required for an application under each applicable part.
    (a) You do not need a permit under parts 17 and 21 of this 
subchapter B for any activity permitted under this part 22 with respect 
to bald or golden eagles or their parts, nests, or eggs.
    (b) You must obtain a permit under part 21 of this subchapter for 
any activity that also involves migratory birds other than bald and 
golden eagles, and a permit under part 17 of this subchapter for any 
activity that also involves threatened or endangered species other than 
the bald eagle.
    (c) If you are transporting dead bald or golden eagles, or their 
parts, nests, or dead eggs into or out of the United States, you will 
also need a Convention on International Trade in Endangered Species of 
Wild Fauna and Flora (CITES) permit under part 23 of this subchapter.

[64 FR 50472, Sept. 17, 1999, as amended at 68 FR 61140, Oct. 27, 2003]



Sec. 22.12  What activities are illegal?

    (a) You may not sell, purchase, barter, trade, import, or export, or 
offer for sale, purchase, barter, or trade, at any time or in any 
manner, any bald eagle (Haliaeetus leucocephalus), or any golden eagle 
(Aquila chrysaetos), or the parts, nests, or eggs of these birds, and we 
will not issue a permit to authorize these acts.
    (b) You may not transport into or out of the United States any live 
bald or golden eagle, or any live egg of those birds, and we will not 
issue a permit to authorize these acts.

[64 FR 50472, Sept. 17, 1999]



                         Subpart C_Eagle Permits



Sec. 22.21  What are the requirements concerning scientific and exhibition purpose permits?

    We may, under the provisions of this section, issue a permit 
authorizing the taking, possession, transportation within the United 
States, or transportation into or out of the United States of lawfully 
possessed bald eagles or golden eagles, or their parts, nests, or eggs 
for the scientific or exhibition purposes of public museums, public 
scientific societies, or public zoological parks. We will not issue a 
permit under this section that authorizes the transportation into or out 
of the United States of any live bald or golden eagles, or any live eggs 
of these birds.
    (a) How do I apply if I want a permit for scientific and exhibition 
purposes? (1) You must submit applications for permits to take, possess, 
or transport within the United States lawfully acquired live or dead 
bald or golden eagles, or their parts, nests, or live or dead eggs for 
scientific or exhibition purposes to the appropriate Regional Director--
Attention: Migratory Bird Permit Office. You can find addresses for the 
Regional Directors in 50 CFR 2.2.
    (2) If you want a permit to transport into or out of the United 
States any lawfully acquired dead bald or golden eagles or their parts, 
nests, or dead eggs for scientific or exhibition purposes, you must 
submit your application to the Office of Management Authority. Your 
application must contain all the information necessary for the issuance 
of a CITES permit. You must also comply with all the requirements in 
part 23 of this subchapter before international travel. Mail should be 
addressed to: Office of Management Authority, U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Drive, Room 700, Arlington, VA, 22203.
    (3) Your application for any permit under this section must also 
contain

[[Page 107]]

the information required under this section, Sec. 13.12(a) of this 
subchapter, and the following information:
    (i) Species of eagle and number of such birds, nests, or eggs 
proposed to be taken, possessed, or transported;
    (ii) Specific locality in which taking is proposed, if any;
    (iii) Method taking proposed, if any;
    (iv) If not taken, the source of eagles and other circumstances 
surrounding the proposed acquisition or transportation;
    (v) Name and address of the public museum, public scientific 
societies, or public zoological park for which they are intended;
    (vi) Complete explanation and justification of request, nature of 
project or study, number of specimens now at institution, reason these 
are inadequate, and other appropriate explanations.
    (b) What are the conditions? In addition to the general conditions 
in part 13 of this subchapter B, permits to take, possess, transport 
within the United States, or transport into or out of the United States 
bald or golden eagles, or their parts, nests, or eggs for scientific or 
exhibition purposes, are also subject to the following condition: In 
addition to any reporting requirement specifically noted in the permit, 
you must submit a report of activities conducted under the permit to the 
Regional Director--Attention: Migratory Bird Permit Office, within 30 
days after the permit expires.
    (c) How do we evaluate your application for a permit? We will 
conduct an investigation and will only issue a permit to take, possess, 
transport within the United States, or transport into or out of the 
United States bald or golden eagles, or their parts, nests, or eggs for 
scientific or exhibition purposes when we determine that the taking, 
possession, or transportation is compatible with the preservation of the 
bald eagle and golden eagle. In making this determination, we will 
consider, among other criteria, the following:
    (1) The direct or indirect effect which issuing such permit would be 
likely to have upon the wild populations of bald and golden eagles;
    (2) Whether the expertise, facilities, or other resources available 
to the applicant appear adequate to successfully accomplish the 
objectives stated in the application;
    (3) Whether the justification of the purpose for which the permit is 
being requested is adequate to justify the removal of the eagle from the 
wild or otherwise change its status; and
    (4) Whether the applicant has demonstrated that the permit is being 
requested for bona fide scientific or exhibition purposes of public 
museums, public scientific societies, or public zoological parks.
    (d) Tenure of permits. The tenure of permits to take bald or golden 
eagles for scientific or exhibition purposes shall be that shown on the 
face of the permit.

[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 
FR 50472, Sept. 17, 1999]



Sec. 22.22  What are the requirements concerning permits for Indian religious purposes?

    We will issue a permit only to members of Indian entities recognized 
and eligible to receive services from the United States Bureau of Indian 
Affairs listed under 25 U.S.C. 479a-1 engaged in religious activities 
who satisfy all the issuance criteria of this section. We may, under the 
provisions of this section, issue a permit authorizing the taking, 
possession, and transportation within the United States, or 
transportation into or out of the United States of lawfully acquired 
bald eagles or golden eagles, or their parts, nests, or eggs for Indian 
religious use. We will not issue a permit under this section that 
authorizes the transportation into or out of the United States of any 
live bald or golden eagles, or any live eggs of these birds.
    (a) How do I apply if I want a permit for Indian regligious 
purposes? You must submit applications for permits to take, possess, 
transport within the United States, or transport into or out of the 
United States lawfully acquired bald or golden eagles, or their parts, 
nests, or eggs for Indian religious use to the appropriate Regional 
Director--Attention: Migratory Bird Permit Office. You can find 
addresses for the appropriate Regional Directors in 50 CFR 2.2. If you 
are applying for a permit to transport into or out of the United States,

[[Page 108]]

your application must contain all the information necessary for the 
issuance of a CITES permit. You must comply with all the requirements in 
part 23 of this subchapter before international travel. Your application 
for any permit under this section must also contain the information 
required under this section, Sec. 13.12(a) of this subchapter, and the 
following information:
    (1) Species and number of eagles or feathers proposed to be taken, 
or acquired by gift or inheritance.
    (2) State and local area where the taking is proposed to be done, or 
from whom acquired.
    (3) Name of tribe with which applicant is associated.
    (4) Name of tribal religious ceremony(ies) for which required.
    (5) You must attach a certification of enrollment in an Indian tribe 
that is federally recognized under the Federally Recognized Tribal List 
Act of 1994, 25 U.S.C. 479a-1, 108 Stat. 4791 (1994). The certificate 
must be signed by the tribal official who is authorized to certify that 
an individual is a duly enrolled member of that tribe, and must include 
the official title of that certifying official.
    (b) What are the permit conditions? In addition to the general 
conditions in part 13 of this subchapter B, permits to take, possess, 
transport within the United States, or transport into or out of the 
United States bald or golden eagles, or their parts, nests or eggs for 
Indian religious use are subject to the following conditions:
    (1) Bald or golden eagles or their parts possessed under permits 
issued pursuant to this section are not transferable, except such birds 
or their parts may be handed down from generation to generation or from 
one Indian to another in accordance with tribal or religious customs; 
and
    (2) You must submit reports or inventories, including photographs, 
of eagle feathers or parts on hand as requested by the issuing office.
    (c) How do we evaluate your application for a permit? We will 
conduct an investigation and will only issue a permit to take, possess, 
transport within the United States, or transport into or out of the 
United States bald or golden eagles, or their parts, nests or eggs, for 
Indian religious use when we determine that the taking, possession, or 
transportation is compatible with the preservation of the bald and 
golden eagle. In making a determination, we will consider, among other 
criteria, the following:
    (1) The direct or indirect effect which issuing such permit would be 
likely to have upon the wild populations of bald or golden eagles; and
    (2) Whether the applicant is an Indian who is authorized to 
participate in bona fide tribal religious ceremonies.
    (d) How long are the permits valid? We are authorized to amend, 
suspend, or revoke any permit that is issued under this section (see 
Sec. Sec. 13.23, 13.27, and 13.28 of this subchapter).
    (1) A permit issued to you that authorizes you to take bald or 
golden eagles will be valid during the period specified on the face of 
the permit, but will not be longer than 1 year from the date it is 
issued.
    (2) A permit issued to you that authorizes you to transport and 
possess bald or golden eagles or their parts, nests, or eggs within the 
United States will be valid for your lifetime.
    (3) A permit authorizing you to transport dead bald eagles or golden 
eagles, or their parts, nests, or dead eggs into or out of the United 
States can be used for multiple trips to or from the United States, but 
no trip can be longer than 180 days. The permit will be valid during the 
period specified on the face of the permit, not to exceed 3 years from 
the date it is issued.

[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 
FR 50473, Sept. 17, 1999]



Sec. 22.23  What are the requirements for permits to take depredating eagles?

    (a) How do I apply for a permit? You must submit applications for 
permits to take depredating bald or golden eagles to the appropriate 
Regional Director--Attention: Migratory Bird Permit Office. You can find 
addresses for the appropriate Regional Directors in 50 CFR 2.2. Your 
application must contain the information and certification required by 
Sec. 13.12(a) of this subchapter, and the following additional 
information:
    (1) Species and number of eagles proposed to be taken;

[[Page 109]]

    (2) Location and description of property where taking is proposed;
    (3) Inclusive dates for which permit is requested;
    (4) Method of taking proposed;
    (5) Kind and number of livestock or domestic animals owned by 
applicant;
    (6) Kind and amount of alleged damaged; and
    (7) Name, address, age, and business relationship with applicant of 
any person the applicant proposes to act for him as his agent in the 
taking of such eagles.
    (b) What are the permit conditions? In addition to the general 
conditions set forth in part 13 of this subchapter B, permits to take 
depredating bald or golden eagles shall be subject to the following 
conditions:
    (1) Bald or golden eagles may be taken under permit by firearms, 
traps, or other suitable means except by poison or from aircraft;
    (2) The taking of eagles under permit may be done only by the 
permittee or his agents named in the permit;
    (3) Any eagle taken under authority of such permit will be promptly 
turned over to a Service agent or other game law enforcement officer 
designated in the permit; and
    (4) In addition to any reporting requirement on a permit, you must 
submit a report of activities conducted under the permit to the 
appropriate Regional Director--Attention: Migratory Bird Permit Office 
within 10 days following completion of the taking operations or the 
expiration of the permit, whichever occurs first.
    (c) Issuance criteria. The Director shall conduct an investigation 
and not issue a permit to take depredating bald or golden eagles unless 
he has determined that such taking is compatible with the preservation 
of the bald or golden eagle. In making such determination the Director 
shall consider the following:
    (1) The direct or indirect effect which issuing such permit would be 
likely to have upon the wild population of bald or golden eagles;
    (2) Whether there is evidence to show that bald or golden eagles 
have in fact become seriously injurious to wildlife or to agriculture or 
other interests in the particular locality to be covered by the permit, 
and the injury complained of is substantial; and
    (3) Whether the only way to abate the damage caused by the bald or 
golden eagle is to take some or all of the offending birds.
    (d) Tenure of permits. The tenure of any permit to take bald or 
golden eagles for depredation control purposes shall be that shown on 
the face thereof, and shall in no case be longer than 90 days from date 
of issue.

[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 
FR 50473, Sept. 17, 1999]



Sec. 22.24  Permits for falconry purposes.

    The Director may, upon receipt of an application and in accordance 
with the issuance criteria of this section, issue a permit authorizing 
the possession and transportation of golden eagles for falconry 
purposes.
    (a) Application procedures. Submit applications for permits to 
possess and transport golden eagles for falconry purposes to the 
appropriate Regional Director (Attention: Migratory bird permit office). 
You can find addresses for the Regional Directors in 50 CFR 2.2. Each 
application must contain the general information and certification 
required in Sec. 13.12(a) of this subchapter, and the following 
additional information:
    (1) A copy of the applicant's master (or equivalent) class permit 
issued in accordance with 50 CFR 21.28.
    (2) A statement of the applicant's experience in handling large 
raptors, including the species, type of experience and duration of the 
activity in which the experience was acquired.
    (3) At least two (2) letters of reference from individuals with 
recognized experience in handling and/or flying eagles. Each letter must 
contain a concise history of the author's experience with eagles. Eagle 
handling experience is defined as, but is not limited to, the handling 
of pre-Act birds, zoological specimens, rehabilitating eagles, or 
scientific studies involving eagles. Each letter must also assess the 
applicant's capability to properly care for the fly golden eagles in 
falconry, and recommend the issuance or denial of the permit.
    (4) A description of the facilities in which golden eagles will be 
housed.

[[Page 110]]

    (5) If requesting an eagle(s) from the Service, applicants must 
specify the sex, age and condition of the eagle(s) they will accept.
    (6) For eagles already legally possessed, a copy of the permit or 
other documentation authorizing possession of said birds, and the 
procedures to be used to minimize or eliminate hazards associated with 
the use of imprinted birds in falconry.
    (7) Name, address, age and experience in handling raptors of any 
person the applicant proposes to act as an authorized agent in taking 
possession of golden eagles provided by the Service.
    (8) To obtain additional or replacement golden eagles, a request in 
writing to the appropriate special agent in charge must be tendered, 
identifying the existing permit and, for replacement eagles, the reason 
for such replacement.
    (b) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter B, permits to possess and transport 
golden eagles for falconry purposes are subject to the following 
conditions:
    (1) Golden eagles possessed for falconry purposes are considered as 
raptors and must be maintained in accordance with Federal falconry 
standards described in Sec. Sec. 21.28 and 21.29 of this subchapter.
    (2) Only golden eagles legally obtained may be possessed and 
transported for falconry purposes.
    (3) Captive breeding of golden eagles possessed for falconry 
purposes is prohibited.
    (4) The applicant, or authorized agent, must agree to take 
possession of a requested golden eagle(s) within 72 hours of 
notification of availability. Expenses incurred by the applicant in 
taking possession of said eagle(s) will be the applicant's 
responsibility.
    (5) The golden eagle(s) must be banded with a numbered eagle marker 
provided by the Service.
    (6) All permits issued pursuant to this section shall state on their 
face that eagles possessed for falconry purposes under authority of this 
permit may not be transferred or otherwise intentionally disposed of by 
any means, including release to the wild, without written approval from 
the appropriate regional director.
    (7) All permits issued pursuant to this section shall state on their 
face that the appropriate special agent in charge must be notified no 
later than ten (10) days after the death of a permit holder.
    (c) More restrictive State laws. Nothing in this section shall be 
construed to prevent a State from making and/or enforcing more 
restrictive laws and regulations as regards the use of golden eagles in 
falconry.
    (d) Issuance criteria. The Director shall conduct an investigation 
and shall not issue a permit to possess and transport golden eagles for 
falconry purposes unless he has determined: that such possession and 
transportation is compatible with the preservation of golden eagles; 
that the proposed possession and transportation of golden eagles for 
falconry is not otherwise prohibited by laws and regulations within the 
State where the activity is proposed; and that the applicant is 
qualified to possess and transport golden eagles for falconry purposes. 
In making the latter determination, the Director shall consider, but 
shall not necessarily be limited to, the following:
    (1) The applicant's cumulative falconry experience.
    (2) The applicant's demonstrated ability to handle and care for 
large raptors.
    (3) Information contained in the applicant's letters of reference.
    (e) Tenure of permits. Any permit to possess and transport golden 
eagles for falconry purposes is valid for as long as the holder 
maintains a valid master (or equivalent) class falconry permit or until 
revoked in writing by the Service.
    (f) Permission to trap golden eagles for falconry purposes. 
Applicants desiring to trap golden eagles from the wild for use in 
falconry must request and obtain permission from the Service prior to 
exercising this privilege. The following applies to requests:
    (1) Only golden eagles from a specified depredation area may be 
trapped for falconry purposes.
    (2) Permission to trap golden eagles must be requested in writing 
from the

[[Page 111]]

appropriate State Animal Damage Control (ADC) supervisor subsequent to 
issuance of the permit to possess and transport golden eagles for 
falconry purposes.
    (3) Permission to trap will not be granted until the permittee 
suitably demonstrates to the State ADC supervisor or a designated 
project leader his/her qualifications and capabilities to trap golden 
eagles from the wild.
    (4) All such trapping must be conducted under the direct supervision 
of the State ADC supervisor or designated project leader in the 
specified depredation area.
    (5) Any permission to trap golden eagles from the wild pursuant to 
this section shall in no case extend more than 90 days from the date of 
issue.
    (6) Upon issuance of permission to trap in accordance with the above 
conditions, the appropriate special agent in charge will be notified in 
writing by the State ADC supervisor of the individual's name, address, 
location of the specified depredation area and tenure of permission to 
trap golden eagles.

(The information collection requirements approved by the Office of 
Management and Budget under control number 1018-0022. The information is 
necessary to determine potential permittee's qualifications and is 
required to obtain a permit)

[49 FR 891, Jan. 6, 1984, as amended at 63 FR 52638, Oct. 1, 1998]



Sec. 22.25  What are the requirements concerning permits to take golden eagle nests?

    The Director may, upon receipt of an application and in accordance 
with the issuance criteria of this section, issue a permit authorizing 
any person to take golden eagle nests during a resource development or 
recovery operation when the nests are inactive, if the taking is 
compatible with the preservation of the area nesting population of 
golden eagles. The information collection requirements contained within 
this section have been approved by the Office of Management and Budget 
under 44 U.S.C. 3507 and assigned clearance number 1018-0022. This 
information is being collected to provide information necessary to 
evaluate permit applications. This information will be used to review 
permit applications and make decisions, according to the criteria 
established in this section for the issuance or denial of such permits. 
The obligation to respond is required to obtain or retain a permit.
    (a) How do I apply for a permit to take golden eagle nests? You must 
submit applications for permits to take golden eagle nests to the 
appropriate Regional Director--Attention: Migratory Bird Permit Office. 
You can find addresses for the appropriate Regional Directors in 50 CFR 
2.2. We will only accept applications if you are engaged in a resource 
development or recovery operation, including the planning and permitting 
stages of an operation. Your application must contain the general 
information and certification required by Sec. 13.12(a) of this chapter 
plus the following additional information:
    (1) A description of the resource development or recovery operation 
in which the applicant is engaged;
    (2) The number of golden eagle nests proposed to be taken;
    (3) A description of the property on which the taking is proposed, 
with reference made to its exact geographic location. An appropriately 
scaled map or plat must be included which delineates the area of the 
resource development or recovery operation and identifies the exact 
location of each golden eagle nest proposed to be taken. The map or plat 
must contain enough detail so that each golden eagle nest proposed to be 
taken can be readily located by the Service.
    (4) For each golden eagle nest proposed to be taken, the applicant 
must calculate the area nesting population of golden eagles and identify 
on an appropriately scaled map or plat the exact location of each golden 
eagle nest used to calculate the area nesting population unless the 
Service has sufficient data to independently calculate the area nesting 
population. The map or plat must contain enough details so that each 
golden eagle nest used to calculate the area nesting population can be 
readily located by the Service.
    (5) A description of each activity to be performed during the 
resource development or recovery operation which involves the taking of 
a golden eagle nest;

[[Page 112]]

    (6) A statement with any supporting documents from ornithologists 
experienced with golden eagles or other qualified persons who have made 
on site inspections and can verify the applicant's calculation of the 
area nesting population;
    (7) The length of time for which the permit is requested, including 
the dates on which the proposed resource development or recovery 
operation is to begin and end;
    (8) A statement indicating the intended disposition of each nest 
proposed to be taken. Applicants should state whether they are willing 
to collect any nest for scientific or educational purposes; and
    (9) A statement indicating any proposed mitigation measures that are 
compatible with the resource development or recovery operation to 
encourage golden eagles to reoccupy the resource development or recovery 
site. Mitigation measures may include reclaiming disturbed land to 
enhance golden eagle nesting and foraging habitat, relocating in 
suitable habitat any inactive golden eagle nest taken, or establishing 
one or more nest sites. If the establishment of one or more nest sites 
is proposed, a description of the materials and methods to be used and 
the exact location of each artificial nest site must be included.
    (b) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this chapter, permits to take golden 
eagle nests are subject to the following additional conditions:
    (1) Only inactive golden eagle nests may be taken.
    (2) The permittee shall submit a report of activities conducted 
under the permit to the Director within ten (10) days following the 
permit's expiration;
    (3) The permittee shall notify the Director in writing at least 10 
days but not more than 30 days before any golden eagle nest is taken;
    (4) The permittee shall comply with any mitigation measures 
determined by the Director to be feasible and compatible with the 
resource development or recovery operation; and
    (5) Any permit issued before the commencement of a resource 
development or recovery operation is invalid if the activity which 
required a permit is not performed.
    (c) Issuance criteria. The Director shall conduct an investigation 
and not issue a permit to take any golden eagle nest unless such taking 
is compatible with the preservation of the area nesting population of 
golden eagles. In making such determination, the Director shall consider 
the following:
    (1) Whether the applicant can reasonably conduct the resource 
development or recovery operation in a manner that avoids taking any 
golden eagle nest;
    (2) The total number of golden eagle nests proposed to be taken;
    (3) The size of the area nesting population of golden eagles;
    (4) Whether suitable golden eagle nesting and foraging habitat 
unaffected by the resource development or recovery operation is 
available to the area nesting population of golden eagles to accommodate 
any golden eagles displaced by the resource development or recovery 
operation;
    (5) Whether feasible mitigation measures compatible with the 
resource development or recovery operation are available to encourage 
golden eagles to reoccupy the resource development or recovery site. 
Mitigation measures may include reclaiming disturbed land to enhance 
golden eagle nesting and foraging habitat, relocating in suitable 
habitat any golden eagle nest taken, or establishing one or more nest 
sites; and
    (6) Whether the area nesting population is widely dispersed or 
locally concentrated.
    (d) Tenure of permits. The tenure of any permit to take golden eagle 
nests is 2 years from the date of issuance, unless a shorter period of 
time is prescribed on the face of the permit. Permits may be renewed in 
accordance with part 13 of this chapter.

[48 FR 57300, Dec. 29, 1983, as amended at 63 FR 52638, Oct. 1, 1998; 64 
FR 50474, Sept. 17, 1999]

[[Page 113]]



          Subpart D_Depredation Control Orders on Golden Eagles



Sec. 22.31  Golden eagle depredations control order on request of Governor of a State.

    (a) Whenever the Governor of any State requests permission to take 
golden eagles to seasonally protect domesticated flocks and herds in 
such State, the Director shall make an investigation and if he 
determines that such taking is necessary to and will seasonally protect 
domesticated flocks and herds in such States he shall authorize such 
taking in whatever part or parts of the State and for such periods as he 
determines necessary to protect such interests.
    (b) Requests from the Governor of a State to take golden eagles to 
seasonally protect domesticated flocks and herds must be submitted in 
writing to the Director listing the periods of time during which the 
taking of such birds is recommended, and including a map of the State 
indicating the boundaries of the proposed area of taking. Such requests 
should include a statement of the facts and the source of such facts 
that in the Governor's opinion justifies the request. After a decision 
by the Director, the Governor will be advised in writing concerning the 
request and a notice will be published in the Federal Register.



Sec. 22.32  Conditions and limitations on taking under depredation control order.

    (a) Whenever the taking of golden eagles without a permit is 
authorized for the seasonal protection of livestock, such birds may be 
taken by firearms, traps, or other suitable means except by poison or 
from aircraft.
    (b) Any person exercising any of the privileges granted by this 
subpart D must permit all reasonable times, including during actual 
operations, any Service agent, or other game law enforcement officer 
free and unrestricted access over the premises on which such operations 
have been or are being conducted; and shall furnish promptly to such 
officer whatever information he may require concerning such operations.
    (c) The authority to take golden eagles under a depredations control 
order issued pursuant to this subpart D only authorizes the taking of 
golden eagles when necessary to seasonally protect domesticated flocks 
and herds, and all such birds taken must be reported and turned over to 
a local Bureau Agent.



PART 23_ENDANGERED SPECIES CONVENTION--Table of Contents




                         Subpart A_Introduction

Sec.
23.1 Purpose of regulations.
23.2 Scope of regulations.
23.3 Definitions.
23.4 Parties to the Convention.

             Subpart B_Prohibitions, Permits and Exceptions

23.11 Prohibitions.
23.12 Requirements.
23.13 Exceptions.
23.14 Foreign documentation.
23.15 Permits and certificates.

 Subpart C_Appendices I, II and III to the Convention on International 
           Trade in Endangered Species of Wild Fauna and Flora

23.21 Criteria for listing species. [Reserved]
23.22 Procedures for amending the appendices. [Reserved]
23.23 Species listed in Appendices I, II, and III.

    Subpart D_Public Participation in the Development of Negotiating 

     Positions for Meetings of the Conference of the Parties to the 

 Convention on International Trade in Endangered Species of Wild Fauna 

                 and Flora; Federal Agency Consultation

23.31 Purpose of regulations.
23.32 Notice of meeting of Conference of the Parties to the Convention.
23.33 Notice of proposed negotiating positions.
23.34 Public meetings.
23.35 Notice of negotiating positions.
23.36 Schedule of public meetings and notices.
23.37 Federal agency consultation.
23.38 Modifications of procedures and negotiating positions.
23.39 Notice of availability of official report.

[[Page 114]]

Subpart E--Scientific Authority Advice [Reserved]

                   Subpart F_Export of Certain Species

23.51 American ginseng (Panax quinquefolius).
23.52 Bobcat (Lynx rufus).
23.53 River otter (Lontra canadensis).
23.54 Lynx (Lynx canadensis).
23.55 Gray wolf (Canis lupus).
23.56 Brown bear (Ursus arctos).
23.57 American alligator (Alligator mississippiensis).

    Authority: Convention on International Trade in Endangered Species 
of Wild Fauna and Flora, 27 U.S.T. 1087; and Endangered Species Act of 
1973, as amended, 16 U.S.C. 1531 et seq.

    Source: 42 FR 10465, Feb. 22, 1977, unless otherwise noted.



                         Subpart A_Introduction



Sec. 23.1  Purpose of regulations.

    (a) The regulations in this part implement the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora, TIAS 
8249.
    (b) The regulations identify those species of wildlife and plants 
included in appendix I, II or III to the Convention.



Sec. 23.2  Scope of regulations.

    (a) The regulations of this part apply only to wildlife and plants 
listed in appendix I, II or III to the Convention, listed herein in 
Sec. 23.23 for the convenience of the public. It should be noted that 
many species listed in appendix I, II or III are also listed in part 17 
(endangered and threatened species) or part 18 (marine mammals), and are 
subject to additional regulations in those parts or in part 216 (marine 
mammals) or parts 217-225 (endangered and threatened species) for 
species under jurisdiction of the National Marine Fisheries Service.
    (b) [Reserved]



Sec. 23.3  Definitions.

    In addition to the definitions contained in parts 10 and 17 of this 
subchapter, and unless the context requires otherwise, in this part:
    Appendix I means the list of wildlife and plants called ``Appendix 
I'' and attached to the Convention (see Sec. 23.23 for the list).
    Appendix II means the list of wildlife and plants called ``Appendix 
II'' and attached to the Convention (see Sec. 23.23 for the list).
    Appendix III means the list of wildlife and plants called ``Appendix 
III'' and attached to the Convention (see Sec. 23.23 for the list).
    Convention means the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora, TIAS 8249.
    Management Authority means a national management authority 
officially designated by a party to implement the present Convention, 
including the granting of permits or certificates for Convention 
purposes on behalf of the party.
    Party means a country for which the Convention has entered into 
force, by virtue of ratification or accession.
    Re-export means export of wildlife or plants that have previously 
been imported.
    United States means all of the several states, the District of 
Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin 
Islands, Guam, and the Trust Territory of the Pacific Islands.



Sec. 23.4  Parties to the Convention.

    The following countries are currently parties to the Convention. The 
name and address of the management authority is included under the name 
of each country. This list is for the convenience of the public, and 
does not preclude the application of regulations in this part 23 to 
importation, exportation or re-exportation to or from other countries.

                                Australia

The Bureau of Customs, Department of Business and Consumer Affairs, 
Canberra, Act 2600, Australia.

                                 Brazil

Instituto Brasileiro de Desenvolvimento, Florestal (IBDF) do 
Minist[eacute]rio da Agricultura, Palacio do Desenvolvimento, Setor 
Bancario Norte, 13[deg] andar, 70000 Brazilia--DF Brazil.

[[Page 115]]

                                 Canada

The Administrator, Convention on International Trade in Endangered 
Species, Canadian Wildlife Service, Department of the Environment, 
Ottawa, Ontario, K1A OH3, Canada.

                                  Chile

Servico Agricola y Ganadero (SAG), Ministerio de Agricultura, Santiago, 
Chile.

                               Costa Rica

Departmento de Pesca Continental y Vida Silvestre, Minist[eacute]rio de 
Agricultura y Ganaderia, San Jose, Costa Rica.

                                 Cyprus

Ministry of Agriculture and Natural Resources, Nicosia, Cyprus.

                                 Ecuador

Minist[eacute]rio de Agricultura y Ganaderia, Quito, Ecuador.

                       Federal Republic of Germany

Bundesminister f[uuml] Ern[auml]hrung Landwirtschaft und Forsten, 
Rochusstrasse 1, 5300 Bonn-Duisdorf, Federal Republic of Germany.

                                 Finland

Maa--ja Metsatalousministerio, Ministry of Agriculture and Forestry, 
Bureau of Natural Resources, Hallituskatu 3 A, 00170 Helsinki 3 A, 
Finland.

                       German Democratic Republic

Ministerium f[uuml]r Land, Forst und Nahrungsg[uuml]terwirtschaft, der 
Deutschen Demokratischen Republik, DDR-1157 Berlin, German Democratic 
Republic.

                                  Ghana

Department of Game and Wildlife, P.O. Box M 239, Accra, Ghana.

                                  India

The Director of Wildlife Preservation, Government of India, Ministry of 
Agriculture and Irrigation, Department of Agriculture, Krishi Bhaven, 
New Delhi--110001, India.

                                  Iran

Department of the Environment, P.O. Box 1430, Tehran, Iran.

                            Malagasy Republic

Direction des Eaux et Forets et de la Conservation des Sols, B.P. 243, 
Tananarive.

                                Mauritius

The Conservator of Forests, Forest Service, Curepipe, Mauritius.

                                 Morocco

Comit[eacute] National de l'Environment, Direction de l'Environment, 
Minist[egrave]re de l'Urbanisme, de l'Habitat, du Tourisme et de 
l'Environment, Rabat, Morocco.

                                  Nepal

Not available.

                                  Niger

Minist[egrave]re de l'Econ[oacute]mie rurale, et du Climat, Niamey, 
Niger.

                                 Nigeria

Not available.

                                 Norway

The Royal Ministry of Environment, Myntgaten 2, P.O. Box 8012 Oslo-Dep., 
N--Oslo 1, Norway.

                                Pakistan

Mr. A.M. Khattak, Inspector General of Forests/Member Secretary, 
Government of Pakistan, Ministry of Food, Agriculture, Cooperatives, 
Under-Developed Areas and Land Reforms (Food and Agriculture Division), 
National Council for Conservation of Wildlife, Bungalow No.: 4-G, St. 
No.: 51, F.6/Islamabad, Pakistan.

                            Papua New Guinea

The Conservator of Fauna, Department of Natural Resources, P.O. Box 
2585, Konedobu, Papua, New Guinea.

                                Paraguay

Not available.

                                  Peru

Direccion General Forestal y de Fauna, Natalio S[aacute]nches 220, 3er. 
piso, Jes[uacute]s Maria, Lima, Peru.

                              South Africa

The Secretary, Department of Planning and the Environment, Private Bag X 
213, Pretoria 0001, South Africa.

                                 Sweden

Lantbruksstyrelsen, Vallgatan 6, S-551 83 Jonkoping, Sweden.

                               Switzerland

Office veterinaire federal, Thunstrasse 17, 3005 Berne 6, Switzerland.

                                 Tunisia

Direction des Forets, 36, rue Alain Savary, Tunis, Tunisia.

                   Union of Soviet Socialist Republics

Not available.

[[Page 116]]

                          United Arab Emirates

Not available.

          United Kingdom of Great Britain and Northern Ireland

Department of the Environment, 17/19 Rochester Row, London SW1P 1LN, 
England.

                        United States of America

Chief, Federal Wildlife Permit Office, U.S. Fish and Wildlife Service, 
U.S. Department of the Interior, 18th and C Streets NW., Washington, DC 
20240 U.S.A.

                                 Uruguay

Presidente del Instituto Nacional para le Preservacion del Medio 
Ambiente, Ministerio de Education y Cultura, Sarandi 444, Montevideo, 
Uruguay.

                                  Zaire

Le Commissaire d'Etat a l'Environment, Conservation de la Nature et 
Tourisme Boite Postale 12348, Kinshasa/Gombe, Zaire.



             Subpart B_Prohibitions, Permits and Exceptions



Sec. 23.11  Prohibitions.

    (a) Unless the requirements in this part 23 are met, or one of the 
exceptions in this part 23 is applicable, it is unlawful for any person 
subject to the jurisdiction of the United States to commit, attempt to 
commit, solicit another to commit, or cause to be committed any of the 
acts described in paragraphs (b) through (d) of this section.
    (b) Import. (1) It is unlawful to import into the United States any 
wildlife or plant listed in appendix I, II or III (see Sec. 23.23) from 
any foreign country.
    (2) It is unlawful to import directly into the United States any 
wildlife or plant listed in appendix I or II (see Sec. 23.23) taken 
from the sea beyond the jurisdiction of any country.
    (c) Export. It is unlawful to export from the United States any 
wildlife or plant listed in appendix I, II or III (see Sec. 23.23).
    (d) Re-export. It is unlawful to re-export from the United States 
any wildlife or plant listed in appendix I, II or III (see Sec. 23.23).
    (e) Possession. It is unlawful for any person subject to the 
jurisdiction of the United States to possess any wildlife or plant 
listed in appendix I, II or III imported into the United States, or 
exported or re-exported from the United States contrary to the 
provisions of the Convention or this part 23.



Sec. 23.12  Requirements.

    (a) Import--(1) Appendix I. (i) In order to import into the United 
States any wildlife or plant listed in Appendix I from any foreign 
country, a United States import permit, issued pursuant to Sec. 23.15, 
and a valid foreign export permit issued by the country of origin or a 
valid foreign re-export certificate issued by the country of re-export 
must be obtained prior to such importation.
    (ii) In order to import directly into the United States any wildlife 
or plant listed in appendix I taken from the sea beyond the jurisdiction 
of any country, a United States import permit issued pursuant to Sec. 
23.15 must be obtained prior to such importation.
    (2) Appendix II. (i) In order to import into the United States any 
wildlife or plant listed in appendix II from any foreign country, a 
valid foreign export permit issued by the country of origin, or a valid 
foreign re-export certificate issued by the country of re-export, must 
be obtained prior to such importation.
    (ii) In order to import directly into the United States any wildlife 
or plant listed in Appendix II taken from the sea beyond the 
jurisdiction of any country, a United States import permit issued 
pursuant to Sec. 23.15, must be obtained prior to such importation.
    (3) Appendix III. (i) In order to import into the United States any 
wildlife or plant listed in appendix III from a foreign country that has 
listed such animal or plant in appendix III, a valid foreign export 
permit or re-export certificate issued by such country must be obtained 
prior to such importation.
    (ii) In order to import into the United States any wildlife or plant 
listed in appendix III from a foreign country that has not listed such 
wildlife or plant in appendix III, a valid foreign certificate of origin 
or foreign re-export certificate must be obtained prior to such 
importation.
    (b) Export or re-export--(1) Appendices I and II. In order to export 
or re-export from the United States any wildlife or

[[Page 117]]

plant listed in appendix I or II, a United States export permit or re-
export certificate, issued pursuant to Sec. 23.15, must be obtained 
prior to such exportation or re-exportation.
    (2) Appendix III. (i) In order to export or re-export from the 
United States any wildlife or plant listed in appendix III by the United 
States, a United States export permit or re-export certificate issued 
pursuant to Sec. 23.15, must be obtained prior to such exportation or 
re-exportation.
    (ii) In order to export or re-export from the United States any 
wildlife or plant listed in appendix III that has not been listed by the 
United States, a re-export certificate or certificate of origin, issued 
pursuant to Sec. 23.15, must be obtained prior to such exportation or 
re-exportation.



Sec. 23.13  Exceptions.

    (a) If any wildlife or plant listed in appendix I, II or III is also 
subject to the regulations in part 17 or part 18 of this subchapter, the 
prohibitions and exceptions in those parts and in part 23 shall apply. 
Exceptions in one part cannot be invoked to allow activities prohibited 
in another part.
    (b) The prohibitions in Sec. 23.11 (b) through (d) concerning 
importation, exportation and re-exportation shall not apply to wildlife 
or plant listed in appendix I, II or III that are being transshipped 
through the United States provided such wildlife or plants remain in 
Customs custody.
    (c) The prohibitions in Sec. 23.11 (b) through (d) concerning 
importation, exportation and re-exportation shall not apply to wildlife 
or plants when a certificate has been issued by the management authority 
of the country of origin or the country of re-export to the effect that 
the wildlife or plant was acquired prior to the date the Convention 
applied to it. See Sec. 23.15 for rules on the issuance of such 
certificates.
    (d) The prohibitions in Sec. 23.11 (b) through (d) concerning 
importation, exportation and re-exportation shall not apply to wildlife 
or plants that are accompanying personal baggage or part of a shipment 
of the household effects of persons moving their residences to or from 
the United States: Provided, That this exception shall not apply to:
    (1) Importation by U.S. residents of wildlife or plants listed in 
appendix I that were acquired outside the United States; or
    (2) Importation by U.S. residents of wildlife or plants listed in 
appendix II that were taken from the wild in a foreign country, if that 
country requires export permits.
    (e) Wildlife or plants listed in appendix I that have been bred in 
captivity or artificially propagated, for commercial activities, shall 
be treated as if listed in appendix II.
    (f) The prohibitions in Sec. 23.11 (b) through (d) concerning 
importation, exportation and re-exportation shall not apply to wildlife 
or plants when a certificate has been issued by the management authority 
of the country of export to the effect that the wildlife or plant was 
bred in captivity or artificially propagated, or was part of or derived 
therefrom. See Sec. 23.15 for rules on the issuance of such 
certificates.
    (g) The prohibitions in Sec. 23.11 (b) through (d) concerning 
importation, exportation and re-exportation shall not apply to herbarium 
specimens, other preserved, dried or embedded museum specimens, and live 
plant material when they are imported, exported or re-exported as a non-
commercial loan, donation or exchange between scientists or scientific 
institutions that have been registered by a management authority of 
their country, and when a label issued or approved by such management 
authority is clearly affixed to the package or container. See Sec. 
23.15 for rules on registration and issuance or approval of labels.



Sec. 23.14  Foreign documentation.

    (a) Party countries. Only export permits, re-export certificates, 
certificates of origin, or other certificates issued and signed by a 
management authority will be accepted as a valid foreign document from a 
country that is a party to the Convention.
    (b) Countries that are not parties. The requirements in this part 23 
apply to all wildlife and plants listed in appendix I, II or III to the 
Convention, whether the shipment is to or from a country that is party 
to the Convention, or to or from any other country.

[[Page 118]]

In the case of a shipment from a country not party to the Convention, 
documents containing information corresponding to that required by the 
regulations in this part 23 may be accepted. Such documents may be in 
the form of an export or import permit, a letter from the proper 
authority, or any other form that clearly indicates the nature of the 
document. Such documents must:
    (1) Be issued by an official of the country responsible for 
authorizing the export of such wildlife or plants;
    (2) Specify the species (or taxa to the rank listed in appendix I, 
II or III) and give the numbers of wildlife or plants covered by the 
document; and
    (3) Contain the following statement or its equivalent:

    I, -------------------- (Signing official), hereby certify that the 
shipment of wildlife or plants covered by this document is in accordance 
with the laws of ------------ (Country), will not be detrimental to the 
survival of the species in the wild, and, if living, will be transported 
in a manner which will minimize the risk of injury, damage to health, or 
cruel treatment.



Sec. 23.15  Permits and certificates.

    (a) In order to import, export or re-export wildlife or plants 
listed in appendix I, II or III that are also listed as endangered or 
threatened and subject to regulations in part 17 of this subchapter, the 
requirements in both part 17 and part 23 must be met. A single 
application meeting the appropriate application requirements in part 17 
will also meet the application requirements in part 23.
    (b) In order to import wildlife listed in appendix I, II or III that 
are marine mammals subject to regulations in part 18 of this subchapter, 
the requirements in both part 18 and part 23 must be met. A single 
application meeting the application requirements in part 18 will also 
meet the application requirements in part 23.
    (c) Application requirements for permits or certificates to import, 
export or reexport wildlife or plants listed in appendix I, II or III 
that are not subject to the regulations in part 17 or part 18 of this 
subchapter. Any person subject to the jurisdiction of the United States 
who wishes to get such a permit or certificate submits an application 
under this section to the Director, U.S. Fish and Wildlife Service, 
(Attention: Office of Management Authority), 4401 N. Fairfax Drive, Room 
700, Arlington, VA 22203 by any person subject to the jurisdiction of 
the United States who wishes to get a permit for the activity. The 
Service provides Form 3-200 for the application to which as much of the 
following information relating to the purpose of the permit or 
certificate must be attached.
    (1) The scientific and common names of the species (or taxa to the 
rank listed in appendix I, II or III) sought to be covered by the 
permit, the number of wildlife or plants, and the activity sought to be 
authorized (such as importing, exporting, re-exporting, etc.);
    (2) A statement as to whether the wildlife or plant, at the time of 
application, (i) is living in the wild, (ii) is living but is not in the 
wild, or (iii) is dead;
    (3) A description of the wildlife or plant, including (i) size, (ii) 
sex (if known), and (iii) type of goods, if it is a part or derivative;
    (4) In the case of living wildlife or plants, (i) a description of 
the type, size and construction of any container the wildlife or plant 
will be placed in during transportation; and (ii) the arrangements for 
watering and otherwise caring for the wildlife or plant during 
transportation;
    (5) The name and address of the person in a foreign country to whom 
the wildlife or plant is to be exported from the United States, or from 
whom the wildlife or plant is to be imported into the United States;
    (6) The country and place where the wildlife or plant was or is to 
be taken from the wild;
    (7) In the case of wildlife or plants listed in appendix I to be 
imported into the United States, (i) a statement of the purposes and 
details of the activities for which the wildlife or plant is to be 
imported; (ii) a brief resume of the technical expertise of the 
applicant or other persons who will care for the wildlife or plant; 
(iii) the name, address and a description, including diagrams or 
photographs, of the facility where the wildlife or plant will be 
maintained; and (iv) a description of

[[Page 119]]

all mortalities, in the two years preceding the date of this 
application, involving any wildlife species covered in the application 
(or any species of the same genus or family) held by the applicant, 
including the causes and steps taken to avoid such mortalities; and
    (8) Copies of documents, sworn affidavits or other evidence showing 
that either (i) the wildlife or plant was acquired prior to the date the 
Convention applied to it, or (ii) the wildlife or plant was bred in 
captivity or artificially propagated, or was part of or derived 
therefrom, or (iii) the wildlife or plant is an herbarium specimen, 
other preserved, dried or embedded museum specimen or live plant 
material to be imported, exported or re-exported as a non-commercial 
loan, donation or exchange between scientists or scientific 
institutions.
    (d) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a), (b) or (c) of this section, the Director 
will decide whether or not a permit or certificate should be issued. In 
making his decision, the Director shall consider in addition to the 
general criteria in Sec. 13.21(b) of this subchapter, the following 
factors:
    (1) Whether the proposed import, export or re-export would be 
detrimental to the survival of the species;
    (2) Whether the wildlife or plant was acquired lawfully;
    (3) Whether any living wildlife or plant to be exported or re-
exported will be so prepared and shipped as to minimize the risk of 
injury, damage to health or cruel treatment;
    (4) Whether any living wildlife or plant to be imported directly 
into the United States from the sea beyond the jurisdiction of any 
country will be so handled as to minimize the risk of injury, damage to 
health or cruel treatment;
    (5) Whether an import permit has been granted by a foreign country, 
in the case of proposed export or re-export from the United States of 
any wildlife or plant listed in Appendix I;
    (6) Whether the proposed recipient of any living wildlife or plant 
listed in Appendix I to be imported into the United States is suitably 
equipped to house and care for such wildlife or plant;
    (7) Whether any wildlife or plant listed in appendix I to be 
imported into the United States is to be used for primarily commercial 
activities; and
    (8) Whether the evidence submitted is sufficient to justify an 
exception, in the case of (i) wildlife or plants that were acquired 
prior to the date the Convention applied to them; (ii) wildlife or 
plants that were bred in captivity or artificially propagated, or were 
part of or derived there from; or (iii) wildlife or plants that are 
herbarium specimens; other preserved, dried or embedded museum 
specimens, or live plant material to be imported, exported or re-
exported as a noncommercial loan, donation or exchange between 
scientists or scientific institutions.
    (9) Whether in the case of wildlife or plants listed in Appendix II, 
they are the subject of a large volume of trade and are not necessarily 
threatened with extinction.
    (e) Permit or certificate conditions. In addition to the general 
criteria set forth in part 13 of this subchapter, permits or 
certificates issued under this section shall be subject to the following 
special conditions:
    (1) Any permit must be presented to a Service agent at a designated 
port of entry upon importation into the United States or prior to 
exportation or re-exportation from the United States:
    (2) Where appropriate and feasible, the Service may require that an 
identifying mark be affixed upon any wildlife or plant;
    (3) In the case of wildlife or plants that are herbarium specimens, 
other preserved, dried or embedded museum specimens, or live plant 
material to be imported, exported or re-exported as a non-commercial 
loan, donation or exchange between scientists or scientific 
institutions, the names and addresses of the consignor and consignee 
must be on each package or container. The letters ``CITES'' (acronym for 
the Convention), a description such as ``herbarium specimens,'' and the 
code letters assigned by the Service to the scientist or scientific 
institution, must be entered on the Customs declaration form affixed to 
each package or container.

[[Page 120]]

    (f) Duration of permits or certificates. The duration of permits or 
certificates issued under this section shall be designated on the face 
of the permit or certificate, but in no case will export permits be 
valid for longer than six months.
    (g) Information collection requirements. The Office of Management 
and Budget approved the information collection requirements contained in 
this part 23 under 44 U.S.C. 3507 and assigned OMB Control Number 1018-
0093. The Service 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. We are collecting this information 
to provide information necessary to evaluate permit applications. We 
will use this information to review permit applications and make 
decisions, according to criteria established in various Federal wildlife 
conservation statutes and regulations, on the issuance, suspension, 
revocation, or denial of permits. You must respond to obtain or retain a 
permit. We estimate the public reporting burden for these reporting 
requirements to vary from 20 minutes to 2 hours per response, with an 
average of 1 hour per response, including time for reviewing 
instructions, gathering and maintaining data, and completing and 
reviewing the forms. Direct comments regarding the burden estimate or 
any other aspect of these reporting requirements to the Service 
Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and 
Wildlife Service, Washington, DC 20240, or the Office of Management and 
Budget, Paperwork Reduction Project (1018-0093), Washington, DC 20603.

[42 FR 10465, Feb. 22, 1977, as amended at 63 FR 52638, Oct. 1, 1998]



 Subpart C_Appendices I, II and III to the Convention on International 
           Trade in Endangered Species of Wild Fauna and Flora



Sec. 23.21  Criteria for listing species. [Reserved]



Sec. 23.22  Procedures for amending the appendices. [Reserved]



Sec. 23.23  Species listed in Appendices I, II, and III.

    (a) The list in this section includes species of wildlife and plants 
placed in Appendix I, II or III in accordance with the provisions of 
Articles XV and XVI of the Convention.
    The list of species is organized as follows:

------------------------------------------------------------------------
               Major group                           Subgroups
------------------------------------------------------------------------
Mammals.................................  Orders, in taxonomic sequence.
Birds...................................  Orders, in taxonomic sequence.
Reptiles................................  Orders, in taxonomic sequence.
Amphibians..............................  Orders, in taxonomic sequence.
Fishes..................................  Orders, in taxonomic sequence.
Molluscs................................  Classes.
Arthropods..............................  Classes.
Plants..................................  Families, in alphabetical
                                           sequence.
------------------------------------------------------------------------


Within each Subgroup, lower taxonomic units (mainly genera, but 
sometimes families or subfamilies) are listed in alphabetical sequence. 
Within genera, the scientific names of the species are listed in 
alphabetical sequence. The scientific name takes precedence over the 
common name in determining if a species is listed.
    (b) The appendix column of the list includes the annotation ``pe'' 
(=possibly extinct) for certain species. It also contains the names of 
Parties including species in Appendix III.
    (c) For purposes of issuing United States certificates of exemption 
under Article VII(3), the date when the Convention applies to a species 
is the date when the inclusion of that species in the appendices enters 
into force under the terms of Article XV or XVI of the Convention. The 
date of first listing is retained if a species is transferred from one 
appendix to another or if a listed species is subsequently included with 
other species in the listing of a taxon above the species level. Such 
species are shown separately in this publication of the appendices. The 
date of a

[[Page 121]]

subsequent listing is used only if a species is entirely deleted from 
the appendices and is subsequently reincluded after an intervening 
period of time.
    (d) Subject to the regulations of this part are all living or dead 
animals or plants in Appendix I, II or III, and all their readily 
recognizable parts and derivatives except for specified parts or 
derivatives of particular Appendix III animal species as excluded in the 
particular listing and the following categorically excluded or exempted 
parts or derivatives of certain plants:
    (1) For Appendix II and Appendix III plants and artificially 
propagated hybrids of Appendix I plants: Seedling or tissue cultures 
obtained in vitro, in solid or liquid media, transported in sterile 
containers; and
    (2) For Appendix II and Appendix III plants: Seeds (other than the 
seeds of Mexican Cactaceae originating from Mexico, which are included 
in the Appendices), spores, pollen (including pollinia), and 
artificially propagated cut flowers; and
    (3) For artificially propagated hybrids of Appendix I plants: seeds 
and pollen (including pollinia) and cut flowers; and
    (4) For artificially propagated or naturalized Appendix II Cactaceae 
species: fruits and their parts and derivatives; for Opuntia subgenus 
Opuntia species, separate stem joints (pads) and their parts and 
derivatives.
    (5) For Orchidaceae species: in Appendix I, seedling or tissue 
cultures obtained in vitro, in solid or liquid media, transported in 
sterile containers; in Appendix II, for artificially propagated Vanilla 
species, the fruits and their parts and derivatives.
    (e) The list of species set out in subsection (f) is informational 
and not regulatory in nature. It is solely intended as a convenience to 
the public. The official list of species included in Appendices I, II, 
and III is the one maintained by the CITES Secretariat based on the 
decisions of the Parties to the Convention.
    (f) The list of species in the Appendices to the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora is 
provided below:

----------------------------------------------------------------------------------------------------------------
                                                                                                         First
                                                                                                        listing
                 Species                            Common name                     Appendix              date
                                                                                                        (month/
                                                                                                       day/year)
----------------------------------------------------------------------------------------------------------------
CLASS MAMMALIA:                           MAMMALS:
Order Monotremata:                        Monotremes:
  Zaglossus spp.........................   Spiny anteaters...............  II........................     2/4/77
Order Dasyuromorphia:                     Dunnarts (Marsupial-mice),
                                           Tasmanian wolf:
  Sminthopsis longicaudata..............   Long-tailed marsupial-mouse,    I.........................     7/1/75
                                           Long-tailed dunnart.
  S. psammophila........................   Large desert marsupial-mouse,   I.........................     7/1/75
                                           Sandhill dunnart.
  Thylacinus cynocephalus...............   Tasmanian wolf, Thylacine.....  I pe......................     7/1/75
Order Peramelemorphia:                    Bandicoots:
  Chaeropus ecaudatus...................   Pig-footed bandicoot..........  I pe......................     7/1/75
  Macrotis lagotis......................   Rabbit bandicoot, Bilby.......  I.........................     7/1/75
  M. leucura............................   Lesser rabbit bandicoot,        I.........................     7/1/75
                                           Yallara.
  Perameles bougainville................   Barred bandicoot, Long-nosed    I.........................     7/1/75
                                           bandicoot, Mari.
Order Diprotodontia:                      Kangaroos, Wombats, Wallabies,
                                           Cuscuses, Rat-kangaroos, etc.:
  Bettongia spp. (except species listed    Rat-kangaroos.................  I.........................    6/28/79
   below).
  B. lesueur............................   Lesueur's rat-kangaroo, Boodie  I.........................     7/1/75
  B. penicillata (=tropica).............   Brush-tailed rat-kangaroo,      I.........................     7/1/75
                                           Woylie.
  Caloprymnus campestris................   Desert rat-kangaroo...........  I pe......................     7/1/75
  Dendrolagus inustus...................   Grizzled tree kangaroo........  II........................     7/1/75
  D. ursinus............................   Vogelkop tree kangaroo........  II........................     7/1/75
  Lagorchestes hirsutus.................   Western hare wallaby, Wurrup..  I.........................     7/1/75
  Lagostrophus fasciatus................   Banded hare wallaby, Munning..  I.........................     7/1/75
  Lasiorhinus krefftii..................   Queensland hairy-nosed wombat.  I.........................     7/1/75
  Onychogalea fraenata..................   Bridled nail-tailed wallaby...  I.........................     7/1/75
  O. lunata.............................   Crescent nail-tailed wallaby..  I.........................     7/1/75
  Phalanger maculatus (see Spilocuscus
   maculatus)
  P. orientalis.........................   Gray cuscus...................  II........................    6/28/79
  Spilocuscus maculatus.................   Spotted cuscus................  II........................    6/28/79

[[Page 122]]

 
Order Scandentia                          Tree shrews                      II........................     2/4/77
  Tupaiidae spp.........................   Tree shrews...................  II........................     2/4/77
Order Chiroptera:                         Bats:
  Acerodon spp. (all species except        Flying foxes..................  II........................    1/18/90
   those in App. I).
  A. jubatus............................   Golden-capped fruit bat.......  I.........................    1/18/90
  A. lucifer............................   Panay giant fruit bat.........  I pe......................    1/18/90
  Pteropus spp. (all species except        Flying foxes..................  II........................    1/18/90
   those in App. I or with earlier date
   in App. II).
  P. insularis..........................   Truk flying fox...............  I.........................   10/22/87
  P. macrotis...........................   Big-eared flying fox..........  II........................   10/22/87
  P. mariannus..........................   Mariana flying fox, Mariana     I.........................   10/22/87
                                           fruit bat.
  P. molossinus.........................   Ponape flying fox.............  I.........................   10/22/87
  P. phaeocephalus......................   Mortlock flying fox...........  I.........................   10/22/87
  P. pilosus............................   Palau flying fox..............  I.........................   10/22/87
  P. samoensis..........................   Samoa flying fox..............  I.........................   10/22/87
  P. tokudae............................   Little Mariana fruit bat,       II........................   10/22/87
                                           Tokuda's flying fox.
  P. tonganus...........................   Insular flying fox, Tonga       I.........................   10/22/87
                                           fruit bat.
  Vampyrops lineatus....................   White-lined bat...............  III (Uruguay).............    7/14/76
Order Primates (formerly including order  Primates: Monkeys, Apes, etc.:
 Scandentia, above):
  All species of primates except those     All monkeys, apes, etc. not     II........................     2/4/77
   in App. I or with earlier date in       listed below.
   App. II.
  Allocebus spp.........................   Hairy-eared dwarf lemurs......  I.........................     7/1/75
  Alouatta palliata (=villosa)..........   Mantled howler monkey.........  I.........................     7/1/75
  A. pigra..............................   Black howler monkey...........  I.........................     7/1/75
  Ateles geoffroyi frontatus............   Black-handed spider monkey....  I.........................     7/1/75
  A. geoffroyi panamensis...............   Black-handed spider monkey....  I.........................     7/1/75
  Avahi spp.............................   Avahis, Woolly lemurs.........  I.........................     7/1/75
  Brachyteles arachnoides...............   Woolly spider monkey..........  I.........................     7/1/75
  Cacajao spp...........................   Uakaris.......................  I.........................     7/1/75
  Callimico goeldii.....................   Goeldi's monkey, Callimico....  I.........................     7/1/75
  Callithrix aurita (=C. jacchus aurita)   White-eared marmoset..........  I.........................     2/4/77
  C. flaviceps (=C. jacchus flaviceps)..   Buff-headed marmoset..........  I.........................     2/4/77
  Cebus capucinus.......................   White-throated capuchin.......  II........................     7/1/75
  Cercocebus galeritus galeritus........   Tana River mangabey, AgilL      I.........................     7/1/75
                                           Langabey.
  Cercopithecus diana (=C. roloway).....   Diana monkey..................  I.........................     2/4/77
  Cheirogaleus spp......................   Dwarf lemurs..................  I.........................     7/1/75
  Chiropotes albinasus..................   White-nosed saki..............  I.........................     7/1/75
  Colobus (see Procolobus)
  Daubentonia madagascariensis..........   Aye-aye.......................  I.........................     7/1/75
  Eulemur spp...........................   Lemurs........................  I.........................     7/1/75
  Gorilla gorilla.......................   Gorilla.......................  I.........................     7/1/75
  Hapalemur spp.........................   Gentle lemurs.................  I.........................     7/1/75
  Hylobates spp.........................   Gibbons, Siamang..............  I.........................     7/1/75
  Indri spp.............................   Indri.........................  I.........................     7/1/75
  Lagothrix flavicauda..................   Yellow-tailed woolly monkey...  I.........................     2/4/77
  Lemur spp.............................   Lemurs........................  I.........................     7/1/75
  Leontopithecus (=Leontideus) spp......   Golden lion tamarins..........  I.........................     7/1/75
  Lepilemur spp.........................   Sportive lemur, Weasel lemur..  I.........................     7/1/75
  Loris tardigradus.....................   Slender loris.................  II........................     7/1/75
  Macaca silenus........................   Lion-tailed macaque...........  I.........................     7/1/75
  M. sylvanus...........................   Barbary ape...................  II........................     7/1/75
  Mandrillus leucophaeus................   Drill.........................  I.........................     2/4/77
  M. sphinx.............................   Mandrill......................  I.........................     2/4/77
  Microcebus spp........................   Mouse lemurs..................  I.........................     7/1/75
  Nasalis (=Simias) concolor............   Pagi Island langur............  I.........................     7/1/75
  N. larvatus...........................   Proboscis monkey..............  I.........................     7/1/75
  Nycticebus coucang....................   Slow loris....................  II........................     7/1/75
  Pan spp...............................   Chimpanzee, Bonobo............  I.........................     7/1/75
  Papio (see Mandrillus)
  Phaner spp............................   Fork-marked mouse lemurs......  I.........................     7/1/75
  Pongo pygmaeus........................   Orangutan.....................  I.........................     7/1/75
  Presbytis entellus (see Semnopithecus
   entellus)
  P. pileata (see Trachypithecus
   pileatus)
  P. potenziani.........................   Long-tailed langur, Mentawai    I.........................     2/4/77
                                           leaf monkey.
  Presbytis (other species) (see
   Trachypithecus)
  Procolobus badius gordonorum..........   Uhehe red colobus.............  II........................     7/1/75
  P. pennantii kirki (=C. badius kirkii)   Zanzibar reL Lolobus..........  I.........................     7/1/75
  P. rufomitratus (=C. badius              Tana River red colobus........  I.........................     7/1/75
   rufomitratus).

[[Page 123]]

 
  P. verus..............................   Olive colobus.................  II........................     7/1/75
  Propithecus spp.......................   Sifakas.......................  I.........................     7/1/75
  Pygathrix (=Rhinopithecus) spp.          Snub-nosed langurs............  I.........................     2/4/77
   (except those species with earlier
   date).
  P. nemaeus............................   Douc langur...................  I.........................     7/1/75
  P. roxellana..........................   Sichuan snub-nosed langur.....  I.........................     7/1/75
  Saguinus bicolor......................   Pied tamarin..................  I.........................     2/4/77
  S. geoffroyi..........................   Geoffroy's marmoset...........  I.........................     2/4/77
  S. leucopus...........................   White-footed tamarin, Silvery-  I.........................     2/4/77
                                           brown bare-face tamarin.
  S. oedipus (including S. oedipus         Cotton-top tamarin............  I.........................     2/4/77
   geoffroyi).
  Saimiri oerstedii.....................   Red-backed squirrel monkey....  I.........................     7/1/75
  Semnopithecus entellus................   Gray langur, Common Indian      I.........................     7/1/75
                                           langur.
  Symphalangus (see Hylobates)
  Trachypithecus geei...................   Golden langur.................  I.........................     7/1/75
  T. johnii.............................   Nilgiri langur................  II........................     7/1/75
  T. pileatus...........................   Capped langur.................  I.........................     7/1/75
  Tupaiidae spp. (see Order Scandentia,
   above).
  Varecia spp...........................   Lemurs........................  I.........................     7/1/75
Order Xenarthra:                          Anteaters, Sloths, Armadillos:
  Bradypus variegatus (=boliviensis or     Three-toed sloth..............  II........................     7/1/75
   griseus).
  Cabassous centralis...................   Five-toed armadillo...........  III (Costa Rica)..........   10/28/76
  C. tatouay (=gymnurus)................   Naked-tailed armadillo........  III (Uruguay).............    7/14/76
  Chaetophractus nationi (subject to a     Hairy armadillo...............  II........................    9/18/97
   zero export quota).
  Choloepus hoffmanni...................   Two-toed sloth................  III (Costa Rica)..........   10/28/76
  Myrmecophaga tridactyla...............   Giant anteater................  II........................     7/1/75
  Priodontes maximus (=giganteus).......   Giant armadillo...............  I.........................     7/1/75
  Tamandua tetradactyla (=T. mexicana)..   Tamandua, Collared anteater...  III (Guatemala)...........    4/23/81
Order Pholidota:                          Pangolins, Scaly Anteaters:
    Manis spp. (all species except those  Pangolins......................  II........................     7/1/75
     with an annual export quota).
    Manis crassicaudata [zero quota for   Indian pangolin................  II........................     7/1/75
     wild specimens].
    Manis javanica [zero quota for wild   Malayan pangolin...............  II........................     7/1/75
     specimens].
    Manis pentadactyla [zero quota for    Chinese pangolin...............  II........................     7/1/75
     wild specimens].
Order Lagomorpha:                         Rabbits, Hares:
  Caprolagus hispidus...................   Hispid hare, Assam rabbit.....  I.........................     7/1/75
  Romerolagus diazi.....................   Mexican volcano rabbit........  I.........................     7/1/75
Order Rodentia:                           Rodents:
  Agouti (=Cuniculus) paca..............   Greater paca, Spotted cavy....  III (Honduras)............    4/13/87
  Anomalurus beecrofti..................   Beecroft's scaly-tailed flying  III (Ghana)...............    2/26/76
                                           squirrel.
  A. derbianus..........................   Lord Derby's scaly-tailed       III (Ghana)...............    2/26/76
                                           flying squirrel.
  A. pelii..............................   Pel's scaly-tailed flying       III (Ghana)...............    2/26/76
                                           squirrel.
  Chinchilla spp. (populations of South    Chinchillas...................  I.........................     2/4/77
   America, except domesticated
   specimens).
  Cynomys mexicanus.....................   Mexican prairie dog...........  I.........................     7/1/75
  Dasyprocta punctata...................   Common agouti.................  III (Honduras)............    4/13/87
  Epixerus ebii.........................   African palm squirrel.........  III (Ghana)...............    2/26/76
  Hystrix cristata......................   Crested porcupine.............  III (Ghana)...............    2/26/76
  Idiurus macrotis......................   Long-eared pygmy flying         III (Ghana)...............    2/26/76
                                           squirrel.
  Leporillus conditor...................   Australian stick-nest rat.....  I.........................     7/1/75
  Marmota caudata.......................   Long-tailed marmot............  III (India)...............    3/16/89
  M. himalayana.........................   Himalayan marmot..............  III (India)...............    3/16/89
  Pseudomys praeconis...................   Shark Bay mouse...............  I.........................     7/1/75
  Ratufa spp............................   Giant squirrels...............  II........................     7/1/75
  Sciurus deppei........................   Deppe's squirrel..............  III (Costa Rica)..........   10/28/76
  Sphiggurus (=Coendou) mexicanus.......   Middle American prehensile-     III (Honduras)............    4/13/87
                                           tailed porcupine, Coendou.
  S. (=Coendou) spinosus................   Prehensile-tailed porcupine...  III (Uruguay).............    7/14/76
  Xeromys myoides.......................   False water rat...............  I.........................     7/1/75
  Zyzomys pedunculatus..................   Australian native mouse,        I.........................     7/1/75
                                           McDonnell Range rock rat.
Order Cetacea:                            Whales, Porpoises, Dolphins:
  All species except those in App. I or    All whales, porpoises, and      II........................    6/28/79
   with earlier date in App. II.           dolphins not listed below.

[[Page 124]]

 
  Balaena mysticetus....................   Bowhead whale.................  I.........................     7/1/75
  Balaenoptera acutorostrata (all          Northern minke whale..........  I.........................    6/28/79
   populations except that of West
   Greenland).
  Balaenoptera bonaerensis..............   Southern minke whale..........  I.........................    6/28/79
  B. borealis...........................   Sei whale.....................  I.........................     2/4/77
  B. edeni..............................   Bryde's whale.................  I.........................    6/28/79
  B. musculus...........................   Blue whale....................  I.........................     7/1/75
  B. physalus...........................   Fin whale.....................  I.........................     2/4/77
  Berardius spp.........................   Beaked whales.................  I.........................    6/28/79
  Caperea marginata (entry into force as   Pygmy right whale.............  I.........................    6/28/79
   App. I on 1/1/86).
  Eschrichtius robustus (=glaucus)......   Gray whale....................  I.........................     7/1/75
  Eubalaena (=Balaena) spp..............   Right whales..................  I.........................     7/1/75
  Hyperoodon spp........................   Bottle-nosed whales...........  I.........................    6/28/79
  Lipotes vexillifer....................   White flag dolphin, Chinese     I.........................    6/28/79
                                           river dolphin.
  Megaptera novaeangliae................   Humpback whale................  I.........................     7/1/75
  Monodon monoceros.....................   Narwhal.......................  II........................   11/16/75
  Neophocaena phocaenoides..............   Finless porpoise..............  I.........................    6/28/79
  Phocoena sinus........................   Gulf of California harbor       I.........................    6/28/79
                                           porpoise, Cochita.
  Physeter catodon (=macrocephalus).....   Sperm whale...................  I.........................     2/4/77
  Platanista spp........................   Ganges and Indus River          I.........................     7/1/75
                                           dolphins.
  Pontoporia (=Stenodelphis) blainvillei   La Plata River dolphin........  II........................    7/14/76
  Sotalia spp...........................   Humpbacked dolphins...........  I.........................    6/28/79
  Sousa spp.............................   Humpbacked dolphins...........  I.........................    6/28/79
Order Carnivora:                          Carnivores: Cats, Bears, etc.:
  Acinonyx jubatus......................   Cheetah.......................  I.........................     7/1/75
  Ailuropoda melanoleuca................   Giant panda...................  I.........................    3/14/84
  Ailurus fulgens.......................   Lesser panda..................  I.........................     7/1/75
  Aonyx congicus (=microdon)               West African ``clawless''       I.........................     7/1/75
   (populations of Cameroon and Nigeria).  otter.
  Arctictis binturong...................   Binturong.....................  III (India)...............    3/16/89
  Bassaricyon gabbii....................   Bushy-tailed olingo...........  III (Costa Rica)..........   10/28/76
  Bassariscus sumichrasti...............   Cacomistle....................  III (Costa Rica)..........   10/28/76
  Canis aureus..........................   Golden jackal.................  III (India)...............    3/16/89
  C. lupus (all subspecies and             Gray wolf.....................  II........................     2/4/77
   populations except those listed
   below).
  C. lupus (India, Pakistan, Bhutan, and   Gray wolf.....................  I.........................     2/4/77
   Nepal populations).
  C. lupus crassodon....................   Gray wolf, Vancouver Island     II........................     7/1/75
                                           gray wolf.
  C. lupus irremotus....................   Gray wolf, Rocky Mountain gray  II........................     7/1/75
                                           wolf.
  C. lupus monstrabilis.................   Gray wolf.....................  II........................     7/1/75
  C. lupus pallipes.....................   Gray wolf, Middle East gray     II........................     7/1/75
                                           wolf.
  Caracal (=Felis) caracal (Asian          Caracal.......................  I.........................     7/1/75
   population).
  Catopuma (=Felis) temminckii..........   Asian golden cat..............  I.........................     7/1/75
  Cerdocyon thous.......................   Crab-eating fox...............  II........................    6/11/92
  Chrysocyon brachyurus.................   Maned wolf....................  II........................     7/1/75
  Civettictis (=Viverra) civetta........   African civet.................  III (Botswana)............    4/24/78
  Conepatus humboldtii..................   Humboldt's hognose skunk......  II........................    6/28/79
  Cryptoprocta ferox....................   Fossa.........................  II........................     2/4/77
  Cuon alpinus..........................   Dhole.........................  II........................     7/1/75
  Cynogale bennettii....................   Otter civet...................  II........................     7/1/75
  Dusicyon thous (see Cerdocyon thous)
  Dusicyon (other species) (see
   Pseudalopex)
  Eira barbara..........................   Tayra.........................  III (Honduras)............    4/13/87
  Enhydra lutris nereis.................   Southern sea otter............  I.........................     7/1/75
  Eupleres goudotii (=major)............   Malagasy mongoose.............  II........................     2/4/77
  Felidae spp. (all species in family      Cats (not including House       II........................     2/4/77
   except Felis catus or those in App. I   cats).
   or with earlier date in App. II).
  Felis (see also the following genera,
   formerly included in Felis: Caracal,
   Catopuma, Herpailurus, Leopardus,
   Lynx, Oncifelis, Oreailurus,
   Pardofelis, Prionailurus, and Puma)
  F. nigripes...........................   Black-footed cat..............  I.........................     7/1/75
  Fossa fossana (=fossa)................   Fanaloka......................  II........................     2/4/77
  Galictis vittata (=allamandi).........   Grison........................  III (Costa Rica)..........   10/28/76
  Helarctos malayanus...................   Sun bear......................  I.........................     7/1/75

[[Page 125]]

 
  Hemigalus derbyanus...................   Banded palm civet.............  II........................     2/4/77
  Herpailurus (=Felis) yaguarondi (North   Jaguarundi....................  I.........................     7/1/75
   and Central American populations).
  H. yaguarondi (South American            Jaguarundi....................  II........................     7/1/75
   populations).
  Herpestes brachyurus fusca (=H.          Indian brown mongoose.........  III (India)...............    3/16/89
   fuscus).
  H. edwardsii..........................   Indian gray mongoose..........  III (India)...............    3/16/89
  H. javanicus auropunctata (=H.           Small Indian mongoose.........  III (India)...............    3/16/89
   auropunctatus).
  H. smithii............................   Ruddy mongoose................  III (India)...............    3/16/89
  H. urva...............................   Crab-eating mongoose..........  III (India)...............    3/16/89
  H. vitticollis........................   Stripe-necked mongoose........  III (India)...............    3/16/89
  Hyaena (see Parahyaena)
  Leopardus (=Felis) pardalis (except      Ocelot........................  I.........................     2/4/77
   subspecies with earlier date).
  L. pardalis mearnsi...................   Ocelot........................  I.........................     7/1/75
  L. pardalis mitis.....................   Brazilian ocelot..............  I.........................     7/1/75
  L. tigrinus (=Felis tigrina) (except     Tiger cat, Little spotted cat.  I.........................     2/4/77
   subspecies with earlier date).
  L. tigrinus oncilla...................   Tiger cat.....................  I.........................     7/1/75
  L. wiedii (except subspecies with        Margay........................  I.........................     2/4/77
   earlier date).
  L. wiedii nicaraguae..................   Central American margay.......  I.........................     7/1/75
  L. wiedii salvinia....................   Guatemalan margay.............  I.........................     7/1/75
  Lontra felina.........................   Marine otter..................  I.........................     7/1/75
  L. longicaudis........................   Long-tailed otter, Neotropical  I.........................     7/1/75
                                           otter.
  L. provocax...........................   Southern river otter, South     I.........................     7/1/75
                                           American river otter.
  Lutra lutra...........................   European river otter..........  I.........................     2/4/77
  Lutra (other species) (see Lontra)
  Lutrinae spp. (all species except        Otters........................  II........................     2/4/77
   those in App. I).
  Lynx pardinus (=Felis pardina)........   Spanish lynx, Iberian lynx....  I.........................     2/4/77
  L. rufus (=Felis rufa) escuinapae.....   Mexican bobcat................  II........................     7/1/75
  Martes flavigula (including M.           Yellow-throated marten........  III (India)...............    3/16/89
   gwatkinsi).
  M. foina intermedia...................   Beech marten..................  III (India)...............    3/16/89
  Mellivora capensis....................   Honey badger, Ratel...........  III (Ghana and Botswana)..    2/26/76
  Melursus (=Ursus) ursinus.............   Sloth bear....................  I.........................    9/21/88
  Mustela altaica.......................   Mountain weasel...............  III (India)...............    3/16/89
  M. erminea ferghanae..................   Ermine........................  III (India)...............    3/16/89
  M. kathiah............................   Yellow-bellied weasel.........  III (India)...............    3/16/89
  M. nigripes...........................   Black-footed ferret...........  I.........................     7/1/75
  M. sibirica...........................   Siberian weasel...............  III (India)...............    3/16/89
  Nasua narica..........................   Common coati, Coatimundi......  III (Honduras)............    4/13/87
  N. nasua solitaria....................   Coatimundi....................  III (Uruguay).............    7/14/76
  Neofelis nebulosa.....................   Clouded leopard...............  I.........................     7/1/75
  Oncifelis (=Felis) geoffroyi..........   Geoffroy's cat................  I.........................     2/4/77
  Oreailurus (=Felis) jacobita..........   Andean cat....................  I.........................     7/1/75
  Paguma larvata........................   Masked palm civet.............  III (India)...............    3/16/89
  Panthera leo persica..................   Asiatic lion, Indian lion.....  I.........................     7/1/75
  P. onca...............................   Jaguar........................  I.........................     7/1/75
  P. pardus.............................   Leopard.......................  I.........................     7/1/75
  P. tigris.............................   Tiger.........................  I.........................     7/1/75
  P. uncia (see Uncia uncia)............
  Paradoxurus hermaphroditus............   Common palm civet.............  III (India)...............    3/16/89
  P. jerdoni............................   Jerdon's palm civet...........  III (India)...............    3/16/89
  Pardofelis (=Felis) marmorata.........   Marbled cat...................  I.........................     7/1/75
  Potos flavus..........................   Kinkajou......................  III (Honduras)............    4/13/87
  Prionailurus (=Felis) bengalensis        Leopard cat...................  I.........................     7/1/75
   bengalensis (Bangladesh, India, and
   Thailand populations).
  P. bengalensis bengalensis (all other    Leopard cat...................  II........................     7/1/75
   populations).
  P. planiceps..........................   Flat-headed cat...............  I.........................     7/1/75
  P. rubiginosus (=Felis rubiginosa)       Rusty-spotted cat.............  I.........................     2/4/77
   (Indian population).
  Prionodon linsang.....................   Banded linsang................  II........................     7/1/75
  P. pardicolor.........................   Spotted linsang...............  I.........................     7/1/75
  Proteles cristatus....................   Aardwolf......................  III (Botswana)............    4/24/78
  Pseudalopex culpaeus..................   Culpeo fox....................  II........................    6/28/79
  P. griseus (=fulvipes)................   Argentine gray fox............  II........................    6/28/79
  P. gymnocercus........................   Pampas fox....................  II........................   10/22/87
  Pteronura brasiliensis................   Giant otter...................  I.........................     7/1/75
  Puma (=Felis) concolor coryi..........   Florida panther, Florida puma.  I.........................     7/1/75
  P. concolor costaricensis.............   Costa Rican puma..............  I.........................     7/1/75
  P. concolor couguar...................   Eastern puma, Adirondack        I.........................     7/1/75
                                           cougar.
  Selenarctos thibetanus (see Ursus
   thibetanus)
  Speothos venaticus....................   Bush dog......................  I.........................     2/4/77

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  Tremarctos ornatus....................   Spectacled bear...............  I.........................     2/4/77
  Uncia uncia...........................   Snow leopard..................  I.........................     7/1/75
   Ursidae spp. (all species in family     Bears.........................  II........................    6/11/92
   except those in App. I or with
   earlier date in App. II; includes
   Baltic States and former USSR
   populations).
  Ursus americanus......................   American black bear...........  II........................    9/18/91
  U. arctos (all Asian populations,        Brown bear....................  II........................    1/18/90
   including populations of Iran, Iraq,
   Syria, Turkey, and the former USSR,
   except populations and subspecies
   listed in App. I).
  U. arctos (all European populations      European Brown Bear...........  II........................    7/29/83
   except Italian population and former
   USSR populations).
  U. arctos (all North American            Brown bear, Grizzly bear......  II........................     7/1/75
   populations except U. a. nelsoni).
  U. arctos (all populations of Bhutan,    Brown bear....................  I.........................    1/18/90
   Mongolia, and China except subspecies
   with earlier date).
  U. arctos (Italian population)........   European brown bear...........  II........................     7/1/75
  U. arctos isabellinus.................   Red bear......................  I.........................    6/28/79
  U. arctos nelsoni.....................   Mexican grizzly bear..........  I.........................     7/1/75
  U. arctos pruinosus...................   Tibetan blue bear.............  I.........................     7/1/75
  U. (=Thalarctos) maritimus............   Polar bear....................  II........................     7/1/75
  U. thibetanus (except subspecies         Asiatic black bear............  I.........................    6/28/79
   listed below).
  U. thibetanus gedrosianus.............   Baluchistan black bear........  I.........................     2/4/77
  Viverra civettina (=megaspila)........   Malabar large-spotted civet...  III (India)...............    3/16/89
  V. zibetha............................   Large Indian civet............  III (India)...............    3/16/89
  Viverricula indica....................   Lesser oriental civet, Small    III (India)...............    3/16/89
                                           Indian civet.
  Vulpes bengalensis....................   Bengal fox....................  III (India)...............    3/16/89
  V. cana...............................   Blanford's fox................  II........................     2/4/77
  V. vulpes griffithi...................   Griffith's red fox............  III (India)...............    3/16/89
  V. vulpes montana.....................   Montane red fox...............  III (India)...............    3/16/89
  V. vulpes pusilla (= leucopus)........   Little red fox................  III (India)...............    3/16/89
  V. (=Fennecus) da.....................   Fennec fox....................  II........................    4/22/76
Order Pinnipedia:                         Seals, Sea lions:
  Arctocephalus spp. (except species       Southern fur seals............  II........................     2/4/77
   listed below).
  A. australis..........................   Southern fur seal.............  II........................     7/1/75
  A. galapagoensis......................   Galapagos fur seal............  II........................     7/1/75
  A. philippii..........................   Juan Fernandez fur seal.......  II........................     7/1/75
  A. townsendi..........................   Guadalupe fur seal............  I.........................     7/1/75
  Mirounga leonina......................   Southern elephant seal........  II........................     7/1/75
  Monachus spp..........................   Monk seals....................  I.........................     7/1/75
  Odobenus rosmarus.....................   Walrus........................  III (Canada)..............   11/16/75
Order Proboscidea:                        Elephants:
  Elephas maximus.......................   Asian elephant................  I.........................     7/1/75
  Loxodonta africana [except populations   African elephant..............  I.........................     2/4/77
   of Botswana, Namibia, South Africa,
   and Zimbabwe].
  L. africana [only the populations of     African elephant..............  II........................     2/4/77
   Botswana, Namibia, South Africa and
   Zimbabwe, to allow: (1) Export of
   hunting trophies for noncommercial
   purposes; (2) export of live animals
   to appropriate and acceptable
   destinations (Namibia: for
   noncommercial purposes only; South
   Africa: for reintroduction purposes);
   (3) export of hides and leather goods
   (South Africa and Zimbabwe); (4)
   export of ivory carvings for
   noncommercial purposes (Zimbabwe
   only); (5) export of ivory tusks from
   Kruger National Park (South Africa;
   zero quota)].
Order Sirenia:                            Dugongs, Manatees:
  Dugong dugon..........................   Dugong........................  I.........................     7/1/75
  Trichechus inunguis...................   South American manatee,         I.........................     7/1/75
                                           Amazonian manatee.
  T. manatus............................   West Indian manatee...........  I.........................     7/1/75
  T. senegalensis.......................   West African manatee..........  II........................     7/1/75
Order Perissodactyla:                     Odd-toed ungulates:
  Ceratotherium simum cottoni...........   Northern white rhinoceros.....  I.........................     7/1/75
  C. s. simum (population of South         Southern white rhinoceros.....  II........................     2/4/77
   Africa) (no trade allowed, except for
   hunting trophies and for the sale of
   live animals to appropriate and
   acceptable destinations).
  Dicerorhinus (=Didermocerus)             Sumatran rhinoceros...........  I.........................     7/1/75
   sumatrensis.
  Diceros bicornis......................   Black rhinoceros..............  I.........................     7/1/75

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  Equus africanus (=E. asinus)..........   African wild ass..............  I.........................    7/29/83
  E. grevyi.............................   Grevy's zebra.................  I.........................    6/28/79
  E. hemionus (except subspecies listed    Asian wild ass................  II........................     7/1/75
   below).
  E. hemionus hemionus..................   Asian wild ass................  I.........................     7/1/75
  E. hemionus khur (see E. onager khur)
  E. kiang (=hemionus) (except             Kiang.........................  II........................     7/1/75
   subspecies listed below).
  E. kiang khur (see E. onager khur)
  E. onager (=hemionus) (except            Onager........................  II........................     7/1/75
   subspecies listed below).
  E. onager khur........................   Onager........................  I.........................     7/1/75
  E. przewalskii........................   Przewalski's horse............  I.........................     7/1/75
  E. zebra hartmannae...................   Hartmann's mountain zebra.....  II........................    6/28/79
  E. zebra zebra........................   Cape mountain zebra...........  I.........................     7/1/75
  Rhinocerotidae spp. (all species and     Rhinoceroses..................  I.........................     2/4/77
   populations in the family except
   those in App. II or with earlier date
   in App. I).
  Rhinoceros sondaicus..................   Javan rhinoceros..............  I.........................     7/1/75
  R. unicornis..........................   Great Indian one-horned         I.........................     7/1/75
                                           rhinoceros.
  Tapirus spp. (except for species         Tapirs........................  I.........................     7/1/75
   listed below).
  T. terrestris.........................   South American tapir..........  II........................     7/1/75
Order Artiodactyla:                       Even-toed ungulates:
  Addax nasomaculatus...................   Addax.........................  I.........................     7/1/75
  Ammotragus lervia.....................   Barbary sheep, Aoudad.........  II........................    4/22/76
  Antilocapra americana (Mexican           Mexican pronghorn.............  I.........................     7/1/75
   population).
  Antilope cervicapra...................   Blackbuck antelope............  III (Nepal)...............   11/16/75
  Axis porcinus annamiticus.............   Indochina hog deer............  I.........................     7/1/75
  A. porcinus calamianensis.............   Calamianes deer...............  I.........................     7/1/75
  A. porcinus kuhli.....................   Kuhl's deer, Bawean hog deer..  I.........................     7/1/75
  Babyrousa babyrussa...................   Babirusa......................  I.........................     7/1/75
  Blastocerus dichotomus................   Marsh deer....................  I.........................     7/1/75
  Bison bison athabascae................   Wood bison....................  II........................     7/1/75
  Boocercus (see Tragelaphus)
  Bos frontalis (see B. gaurus)
  B. gaurus (excluding domestic forms)..   Seladang, Gaur................  I.........................     7/1/75
  B. grunniens (see B. mutus)
  B. mutus (excluding domestic forms)...   Wild yak......................  I.........................     7/1/75
  B. (=Novibos) sauveli.................   Kouprey.......................  I.........................     7/1/75
  Bubalus arnee (formerly listed as B.     Water buffalo.................  III (Nepal)...............   11/16/75
   bubalis, a non-protected,
   domesticated form).
  B. (=Anoa) depressicornis.............   Lowland anoa..................  I.........................     7/1/75
  B. (=Anoa) mindorensis................   Tamaraw.......................  I.........................     7/1/75
  B. (=Anoa) quarlesi...................   Mountain anoa.................  I.........................     7/1/75
  Budorcas taxicolor....................   Takin.........................  II........................     8/1/85
  Capra falconeri.......................   Markhor.......................  I.........................     7/1/75
  Capricornis sumatraensis (see
   Naemorhedus sumatraensis)
  Catagonus wagneri.....................   Chacoan peccary, Giant peccary  I.........................   10/22/87
  Cephalophus dorsalis..................   Bay duiker....................  II........................    7/29/83
  C. jentinki...........................   Jentink's duiker..............  I.........................    7/29/83
  C. monticola..........................   Blue duiker...................  II........................     7/1/75
  C. ogilbyi............................   Ogilby's duiker...............  II........................    7/29/83
  C. sylvicultor........................   Yellow-backed duiker..........  II........................    7/29/83
  C. zebra..............................   Zebra-banded duiker...........  II........................    7/29/83
  Cervus dama mesopotamicus (see Dama
   mesopotamica)
  C. duvaucelii.........................   Swamp deer....................  I.........................     7/1/75
  C. elaphus bactrianus.................   Bactrian deer.................  II........................     7/1/75
  C. elaphus barbarus...................   Barbary deer..................  III (Tunisia).............    4/22/76
  C. elaphus hanglu.....................   Kashmir stag..................  I.........................     7/1/75
  C. eldii..............................   Eld's brow-antlered deer......  I.........................     7/1/75
  C. porcinus (see Axis porcinus)
  Choeropsis liberiensis (see
   Hexaprotodon liberiensis)
  Dama mesopotamica.....................   Persian fallow deer...........  I.........................     2/4/77
  Damaliscus dorcas dorcas (see D.
   pygargus dorcas)
  D. lunatus............................   Sassaby antelope, Korrigum....  III (Ghana)...............    2/26/76
  D. pygargus dorcas....................   Bontebok......................  II........................     7/1/75
  Gazella cuvieri (=G. gazella cuvieri).   Mountain gazelle..............  III (Tunisia).............    4/22/76
  G. dama...............................   Dama gazelle..................  I.........................    7/29/83
  G. dorcas.............................   Dorcas gazelle................  III (Tunisia).............    4/22/76
  G. leptoceros.........................   Slender-horned gazelle........  III (Tunisia).............    4/22/76
  Hexaprotodon liberiensis..............   Pygmy hippopotamus............  II........................     7/1/75

[[Page 128]]

 
  Hippocamelus spp......................   Huemals.......................  I.........................     7/1/75
  Hippopotamus amphibius................   Hippopotamus..................  II........................    2/26/76
  Hippotragus niger variani.............   Giant sable antelope..........  I.........................     7/1/75
  Hyemoschus aquaticus..................   Water chevrotain..............  III (Ghana)...............    2/26/76
  Kobus leche...........................   Lechwe........................  II........................     7/1/75
  Lama guanicoe.........................   Guanaco.......................  II........................    8/12/78
  Mazama americana cerasina.............   Red brocket deer..............  III (Guatemala)...........    4/23/81
  Megamuntiacus vuquanghensis...........   Giant muntjac.................  I.........................    2/16/95
  Moschus spp. (all except populations     Musk deer.....................  II........................    2/16/79
   in App. I).
  Moschus spp. (populations of             Musk deer.....................  I.........................     7/1/75
   Afghanistan, Bhutan, India, Myanmar,
   Nepal, and Pakistan).
  Muntiacus crinifrons..................   Black muntjac.................  I.........................     8/1/85
  Naemorhedus baileyi...................   Goral.........................  I.........................     7/1/75
  N. caudatus...........................   Goral.........................  I.........................     7/1/75
  N. sumatraensis.......................   Serow.........................  I.........................     7/1/75
  N. goral..............................   Goral.........................  I.........................     7/1/75
  Nemorhaedus (see Naemorhedus)
  Odocoileus virginianus mayensis.......   Whitetail deer................  III (Guatemala)...........    4/23/81
  Oryx dammah (=O. tao).................   Scimitar-horned oryx..........  I.........................     7/1/75
  O. leucoryx...........................   Arabian oryx..................  I.........................     7/1/75
  Ovis ammon (except subspecies listed     Argali........................  II........................     7/1/75
   below).
  O. ammon hodgsonii....................   Tibetan argali................  I.........................     7/1/75
  O. ammon nigrimontana.................   Kara Tau argali...............  I.........................     7/1/75
  O. aries ophion (=O. musimon ophion)
   (see O. orientalis ophion)
  O. canadensis (Mexican population)....   Mexican bighorn sheep.........  II........................     7/1/75
  O. orientalis ophion..................   Cyprian red sheep.............  I.........................     7/1/75
  Ovis vignei (except subspecies listed    Urial.........................  II........................    7/19/00
   below).
  O. vignei vignei......................   Ladakh urial..................  I.........................     7/1/75
  Ozotoceros bezoarticus................   Pampas deer...................  I.........................     7/1/75
  Pantholops hodgsonii..................   Tibetan antelope..............  I.........................     7/1/75
  Pecari tajacu (except populations of     Collared peccary..............  II........................   10/22/87
   the United States and Mexico).
  Pseudoryx nghetinhensis...............   Vu Quang ox...................  I.........................    2/16/95
  Pudu mephistophiles...................   Northern pudu.................  II........................     7/1/75
  P. puda (=P. pudu)....................   Pudu..........................  I.........................     7/1/75
  Rupicapra pyrenaica (=rupicapra)         Apennian chamois..............  I.........................     7/1/75
   ornata.
  Saiga tatarica........................   Saiga antelope................  II........................    2/16/95
  Sus salvanius.........................   Pygmy hog.....................  I.........................     7/1/75
  Tayassu pecari........................   White-lipped peccary..........  II........................   10/22/87
  T. tajacu (see Pecari tajacu)
  Tetracerus quadricornis...............   Four-horned antelope..........  III (Nepal)...............   11/16/75
  Tragelaphus (=Taurotragus) eurycerus..   Bongo antelope................  III (Ghana)...............    2/26/76
  T. spekii.............................   Sitatunga antelope............  III (Ghana)...............    2/26/76
  Vicugna vicugna (except populations      Vicu[ntilde]a.................  I.........................     7/1/75
   listed below, under the conditions
   specified).
  V. vicugna [Argentina: wild              Vicu[ntilde]a.................  II........................     7/1/75
   populations of the Province of Jujuy
   and the semi-captive populations of
   the Provinces of Jujuy, Salta,
   Catamarca, La Rioja and San Juan
   (export limited to wool sheared from
   live animals and to cloth and items
   made thereof, including luxury
   handicrafts and knitted articles; the
   reverse side of cloth and cloth
   products must bear the logo adopted
   by countries signatory to the
   Convenio para la Conservaci[oacute]n
   y Manejo de la Vicu[ntilde]a and the
   words, ``VICU[Nacute]A-ARGENTINA'';
   all specimens not meeting any of the
   above conditions shall be deemed to
   be specimens of species included in
   Appendix I and the trade in them
   shall be regulated accordingly)].

[[Page 129]]

 
  V. vicugna [Bolivia: populations of      Vicu[ntilde]a.................  II........................     7/1/75
   the Conservation Units of Mauri-
   Desaguadero, Ulla Ulla and Lipez-
   Chichas (export limited to wool
   sheared from live animals and to
   cloth and items made thereof,
   including luxury handicrafts and
   knitted articles; the reverse side of
   cloth and cloth products must bear
   the logo adopted by countries
   signatory to the Convenio para la
   Conservaci[oacute]n y Manejo de la
   Vicu[ntilde]a and the words,
   ``VICU[Nacute]A-BOLIVIA''; all
   specimens not meeting any of the
   above conditions shall be deemed to
   be specimens of species included in
   Appendix I and the trade in them
   shall be regulated accordingly)].
  V. vicugna [Chile: populations of        Vicu[ntilde]a.................  II........................     7/1/75
   Paranicota Province, 1a. Region of
   Tarapaca (export limited to wool
   sheared from live animals and to
   cloth and items made thereof,
   including luxury handicrafts and
   knitted articles; the reverse side of
   cloth and cloth products must bear
   the logo adopted by countries
   signatory to the Convenio para la
   Conservaci[oacute]n y Manejo de la
   Vicu[ntilde]a and the words,
   ``VICU[Ntilde]A-CHILE''; all
   specimens not meeting any of the
   above conditions shall be deemed to
   be specimens of species included in
   Appendix I and the trade in them
   shall be regulated accordingly)].
  V. vicugna [Peru: all populations        Vicu[ntilde]a.................  II........................     7/1/75
   (export limited to the stock of 3249
   kg. extant in November, 1994, to wool
   sheared from live animals, and to
   cloth and items made thereof,
   including luxury handicrafts and
   knitted articles; the reverse side of
   cloth and cloth products must bear
   the logo adopted by countries
   signatory to the Convenio para la
   Conservaci[oacute]n y Manejo de la
   Vicu[ntilde]a and the words,
   ``VICU[Ntilde]A-PERU-ARTESANIA''; all
   specimens not meeting any of the
   above conditions shall be deemed to
   be specimens of species included in
   Appendix I and the trade in them
   shall be regulated accordingly)].
CLASS AVES:                               BIRDS:
Order Struthioniformes:                   Ostriches:
  Struthio camelus (populations of         Ostrich.......................  I.........................    7/29/83
   Algeria, Burkina Faso, Cameroon,
   Central African Republic, Chad, Mali,
   Mauritania, Morocco, Niger, Nigeria,
   Senegal, and Sudan).
Order Rheiformes                          Rheas:
  Pterocnemia pennata (see Rhea pennata)
  Rhea americana (all subspecies except    Greater rhea, Common rhea.....  II........................    7/14/76
   that with earlier date in App. II).
  R. americana albescens................   Greater rhea..................  II........................     7/1/75
  R. pennata (except subspecies listed     Lesser rhea...................  I.........................    6/28/79
   below).
  R. pennata garleppi...................   Lesser rhea...................  I.........................     7/1/75
  R. pennata pennata (Argentina only)...   Darwin's rhea.................  II........................     7/1/75
  R. pennata pennata (except population    Darwin's rhea.................  I.........................     7/1/75
   of Argentina).
Order Tinamiformes:                       Tinamous:
  Tinamus solitarius....................   Solitary tinamou..............  I.........................     7/1/75
Order Sphenisciformes:                    Penguins:
  Spheniscus demersus...................   Jackass penguin, Blackfooted    II........................     7/1/75
                                           Cape penguin.
  S. humboldti..........................   Humboldt penguin..............  I.........................     6/6/81
Order Podicipediformes:                   Grebes:
  Podilymbus gigas......................   Atitlan grebe.................  I.........................     7/1/75
Order Procellariiformes:                  Albatrosses, Shearwaters,
                                           Petrels:
  Diomedea albatrus.....................   Short-tailed albatross........  I.........................     7/1/75
Order Pelecaniformes:                     Tropicbirds, Pelicans,
                                           Frigatebirds:
  Fregata andrewsi......................   Andrew's frigatebird..........  I.........................     7/1/75
  Papasula abbotti......................   Abbott's booby................  I.........................     7/1/75
  Pelecanus crispus.....................   Dalmatian pelican.............  I.........................     7/1/75
  Sula abbotti (see Papasula abbotti)
Order Ciconiiformes:                      Herons, Storks, Ibises,
                                           Flamingos:
  Ardea goliath.........................   Goliath heron.................  III (Ghana)...............    2/26/76

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  Balaeniceps rex.......................   Whale-headed stork............  II........................   10/22/87
  Bostrychia hagedash...................   Hadada ibis...................  III (Ghana)...............    2/26/76
  B. rara...............................   Spotted-breasted ibis.........  III (Ghana)...............    2/26/76
  Bubulcus (=Ardeola) ibis..............   Cattle egret..................  III (Ghana)...............    2/26/76
  Casmerodius (=Egretta) albus..........   Great white egret.............  III (Ghana)...............    2/26/76
  Ciconia boyciana......................   Oriental white stork..........  I.........................     7/1/75
  C. ciconia boyciana (see C. boyciana)
  C. nigra..............................   Black stork...................  II........................     7/1/75
  Egretta garzetta......................   Little egret..................  III (Ghana)...............    2/26/76
  Ephippiorhynchus senegalensis.........   Saddlebill stork..............  III (Ghana)...............    2/26/76
  Eudocimus ruber.......................   Scarlet ibis..................  II........................   10/22/87
  Geronticus calvus.....................   Southern bald ibis............  II........................     7/1/75
  G. eremita............................   Northern bald ibis, Hermit      I.........................    6/28/79
                                           ibis.
  Hagedashia hagedash (see Bostrychia
   hagedash)
  Jabiru mycteria.......................   Jabiru........................  I.........................     8/1/85
  Lampribis rara (see Bostrychia rara)
  Leptoptilos crumeniferus..............   Marabou stork.................  III (Ghana)...............    2/26/76
  Mycteria cinerea......................   Milky wood stork..............  I.........................   10/22/87
  Nipponia nippon.......................   Japanese crested ibis.........  I.........................     7/1/75
  Phoenicopteridae spp. (except species    Flamingos.....................  II........................    7/29/83
   or populations with an earlier date
   in App. II).
  Phoenicopterus andinus................   Andean flamingo...............  II........................     7/1/75
  P. chilensis..........................   Chilean flamingo..............  II........................     7/1/75
  P. jamesi.............................   James flamingo................  II........................     7/1/75
  P. ruber ruber........................   American flamingo.............  II........................    6/28/79
  Platalea leucorodia...................   White spoonbill...............  II........................     7/1/75
  Threskiornis aethiopicus..............   Sacred ibis...................  III (Ghana)...............    2/26/76
Order Anseriformes:                       Ducks, Geese, Swans, Screamers:
  Alopochen aegyptiacus.................   Egyptian goose................  III (Ghana)...............    2/26/76
  Anas acuta............................   Northern pintail..............  III (Ghana)...............    2/26/76
  A. aucklandica (=chlorotis, =nesiotis)   Brown teal....................  I.........................     7/1/75
  A. bernieri...........................   Madagascar teal...............  II........................     7/1/75
  A. capensis...........................   Cape wigeon...................  III (Ghana)...............    2/26/76
  A. chlorotis (see A. aucklandica)
  A. clypeata...........................   Northern shoveler.............  III (Ghana)...............    2/26/76
  A. crecca.............................   Green-winged teal.............  III (Ghana)...............    2/26/76
  A. formosa............................   Baikal teal...................  II........................    6/11/92
  A. laysanensis (=A. platyrhynchos        Laysan duck...................  I.........................     7/1/75
   laysanensis).
  A. nesiotis (see A. aucklandica)
  A. oustaleti (=A. platyrhynchos          Marianas mallard..............  I.........................     7/1/75
   oustaleti).
  A. penelope...........................   Europeon wigeon...............  III (Ghana)...............    2/26/76
  A. querquedula........................   Garganey......................  III (Ghana)...............    2/26/76
  Aythya nyroca.........................   White-eyed pochard............  III (Ghana)...............    2/26/76
  Branta canadensis leucopareia.........   Aleutian Canada goose.........  I.........................     7/1/75
  B. ruficollis.........................   Red-breasted goose............  II........................     7/1/75
  B. (=Nesochen) sandvicensis...........   Hawaiian goose, Nene..........  I.........................     7/1/75
  Cairina moschata......................   Muscovy duck..................  III (Honduras)............    4/13/87
  C. scutulata..........................   White-winged duck.............  I.........................     7/1/75
  Coscoroba coscoroba...................   Coscoroba swan................  II........................     7/1/75
  Cygnus melanocorypha..................   Black-necked swan.............  II........................     7/1/75
  Dendrocygna arborea...................   Cuban tree duck, West Indian    II........................     7/1/75
                                           whistling-duck.
  D. autumnalis.........................   Black-bellied whistling-duck..  III (Honduras)............    4/13/87
  D. bicolor (=fulva)...................   Fulvous whistling-duck........  III (Ghana and Honduras)..    2/26/76
  D. viduata............................   White-faced whistling-duck....  III (Ghana)...............    2/26/76
  Nettapus auritus......................   African pygmy goose...........  III (Ghana)...............    2/26/76
  Oxyura leucocephala...................   White-headed duck.............  II........................    7/29/83
  Plectropterus gambensis...............   Spur-winged goose.............  III (Ghana)...............    2/26/76
  Pteronetta hartlaubii.................   Hartlaub's duck...............  III (Ghana)...............    2/26/76
  Rhodonessa caryophyllacea.............   Pink-headed duck..............  I pe......................     7/1/75
  Sarkidiornis melanotos................   Comb duck.....................  II........................     7/1/75
Order Falconiformes:                       Hawks, Falcons, Vultures,
                                           Eagles:
  All species except those in App. I, or   All species except New World    II........................    6/28/79
   with earlier date in App. II, and       vultures not specifically
   except Cathartidae species not          listed below.
   specifically listed below.
  Accipitridae spp. (all South American    Hawks, Harriers...............  II........................   10/28/76
   populations).
  Accipiter gentilis....................   Northern goshawk..............  II........................     2/4/77
  A. gundlachi..........................   Gundlach's hawk...............  II........................     2/4/77
  A. nisus..............................   European sparrow hawk.........  II........................     2/4/77
  Aegypius monachus.....................   European black vulture,         II........................     2/4/77
                                           Cinerous vulture.

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  Aquila spp. (all species except those    Eagles........................  II........................     2/4/77
   in App. I or with earlier date in
   App. II).
  A. adalberti (=A. heliaca adalberti)..   Imperial eagle................  I.........................     2/4/77
  A. chrysaetos.........................   Golden eagle..................  II........................     7/1/75
  A. heliaca............................   Imperial eagle................  I.........................     2/4/77
  Chondrohierax uncinatus wilsonii......   Cuban hook-billed kite........  I.........................     2/4/77
  Circaetus spp.........................   Snake-eagles..................  II........................     2/4/77
  Circus spp............................   Harriers......................  II........................     2/4/77
  Falconidae spp. (all species in family   Falcons, Caracaras............  II........................     7/1/75
   except those in App. I).
  Falco araea...........................   Seychelles kestrel............  I.........................     7/1/75
  F. jugger.............................   Laggar falcon.................  I.........................     7/1/75
  F. newtoni (Seychelles population)       Aldabra kestrel...............  I.........................     7/1/75
   (=F.newtoni aldabranus).
  F. pelegrinoides (=F. peregrinus         Barbary falcon................  I.........................     7/1/75
   pelegrinoides).
  F. peregrinus.........................   Peregrine falcon..............  I.........................     7/1/75
  F. punctatus..........................   Mauritius kestrel.............  I.........................     7/1/75
  F. rusticolus.........................   Gyrfalcon.....................  I.........................     7/1/75
  Gymnogyps californianus...............   California condor.............  I.........................     7/1/75
  Gypaetus barbatus.....................   Lammergeier...................  II........................     2/4/77
  Gyps fulvus...........................   Griffon vulture...............  II........................     2/4/77
  Haliaeetus spp. (except species in       Sea-eagles, Fish-eagles.......  II........................     2/4/77
   App. I).
  H. albicilla (except subspecies listed   White-tailed eagle............  I.........................     2/4/77
   below).
  H. albicilla greenlandicus............   Greenland white-tailed sea-     I.........................     7/1/75
                                           eagle.
  H. leucocephalus (except subspecies      Bald eagle....................  I.........................     2/4/77
   listed below).
  H. leucocephalus leucocephalus........   Southern bald eagle...........  I.........................     7/1/75
  Harpia harpyja........................   Harpy eagle...................  I.........................     7/1/75
  Harpyopsis novaeguineae...............   New Guinea harpy eagle........  II........................     2/4/77
  Milvus milvus.........................   Red kite......................  II........................     2/4/77
  Pandion haliaetus.....................   Osprey........................  II........................     2/4/77
  Pithecophaga jefferyi.................   Monkey-eating eagle...........  I.........................     7/1/75
  Sagittarius serpentarius..............   Secretary bird................  II........................    2/26/76
  Sarcoramphus papa.....................   King vulture..................  III (Honduras)............    4/13/87
  Vultur gryphus........................   Andean condor.................  I.........................     7/1/75
Order Galliformes:                        Pheasants, Curassows,
                                           Megapodes, Hoatzin:
  Aburria (see Pipile)
  Agelastes meleagrides.................   White-breasted guineafowl.....  III (Ghana)...............    2/26/76
  Agriocharis ocellata..................   Ocellated turkey..............  III (Guatemala)...........    4/23/81
  Arborophila orientalis                   Bar-backed partridge, Bare-     III (Malaysia)............   11/13/86
   (=brunneopectus).                       throated tree-partridge.
  A. (=Tropicoperdix) charltonii........   Scaly-breasted partridge,       III (Malaysia)............   11/13/86
                                           Chestnut-breasted tree-
                                           partridge.
  Argusianus argus......................   Great argus pheasant..........  II........................     7/1/75
  Caloperdix oculea.....................   Ferruginous wood-partridge....  III (Malaysia)............   11/13/86
  Catreus wallichi......................   Cheer pheasant................  I.........................     7/1/75
  Colinus virginianus ridgwayi..........   Masked bobwhite...............  I.........................     7/1/75
  Crax alberti..........................   Blue-knobbed curassow.........  III (Colombia)............    9/21/88
  C. blumenbachii.......................   Red-billed curassow...........  I.........................     7/1/75
  C. daubentoni.........................   Yellow-knobbed curassow.......  III (Colombia)............    9/21/88
  C. globulosa..........................   Wattled curassow..............  III (Colombia)............    9/21/88
  C. mitu mitu (see Mitu mitu mitu)
  C. pauxi (see Pauxi pauxi)
  C. rubra..............................   Great curassow................  III (Colombia, Costa Rica,   10/28/76
                                                                            Guatemala, and Honduras).
  Crossoptilon crossoptilon.............   White-eared pheasant..........  I.........................     7/1/75
  C. harmani (=C. crossoptilon harmani).   Elwes's eared-pheasant........  I.........................     7/1/75
  C. mantchuricum.......................   Brown-eared pheasant..........  I.........................     7/1/75
  Gallus sonneratii.....................   Gray jungle fowl..............  II........................     7/1/75
  Ithaginis cruentus....................   Blood pheasant................  II........................     7/1/75
  Lophophorus impejanus.................   Himalayan monal...............  I.........................     7/1/75
  L. lhuysii............................   Chinese monal.................  I.........................     7/1/75
  L. sclateri...........................   Sclater's monal...............  I.........................     7/1/75
  Lophura edwardsi......................   Edward's pheasant.............  I.........................     7/1/75
  L. erythrophthalma....................   Crestless fireback............  III (Malaysia)............   11/13/86
  L. ignita.............................   Crested fireback..............  III (Malaysia)............   11/13/86
  L. imperialis.........................   Imperial pheasant.............  I.........................     7/1/75
  L. swinhoii...........................   Swinhoe's pheasant............  I.........................     7/1/75

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  Macrocephalon maleo...................   Maleo megapode................  I.........................     7/1/75
  Melanoperdix nigra....................   Black wood-partridge..........  III (Malaysia)............   11/13/86
  Mitu mitu mitu........................   Mitu, Razor-billed curassow...  I.........................     7/1/75
  Oreophasis derbianus..................   Horned guan...................  I.........................     7/1/75
  Ortalis vetula........................   Plain chachalaca..............  III (Guatemala, Honduras).    4/23/81
  Pauxi pauxi...........................   Northern helmeted curassow....  III (Colombia)............    9/21/88
  Pavo muticus..........................   Green peafowl.................  II........................     2/4/77
  Penelope albipennis...................   White-winged guan.............  I.........................     6/6/81
  P. purpurascens.......................   Northern crested guan.........  III (Honduras)............    4/13/87
  Penelopina nigra......................   Black chachalaca, Highland      III (Guatemala)...........    4/23/81
                                           guan.
  Pipile jacutinga......................   Black-fronted piping-guan.....  I.........................     7/1/75
  P. pipile pipile......................   Trinidad white-headed curassow  I.........................     7/1/75
  Polyplectron bicalcaratum.............   Gray peacock-pheasant.........  II........................     7/1/75
  P. emphanum...........................   Palawan peacock-pheasant......  I.........................     7/1/75
  P. germaini...........................   Germain's peacock-pheasant....  II........................     7/1/75
  P. inopinatum.........................   Rothschild's peacock-pheasant,  III (Malaysia)............   11/13/86
                                           Mountain peacock pheasant.
  P. malacense..........................   Malaysian peacock-pheasant....  II........................     7/1/75
  P. schleiermacheri (=P. malacense        Bornean peacock-pheasant......  II........................     7/1/75
   schleiermacheri).
  Rheinardia ocellata (=R. nigrescens)..   Rheinard's crested argus,       I.........................   11/13/86
                                           Crested argus pheasant.
  Rhizothera longirostris...............   Long-billed wood-partridge....  III (Malaysia)............   11/13/86
  Rollulus roulroul.....................   Crested wood-partridge,         III (Malaysia)............   11/13/86
                                           Roulroul, Green-winged wood
                                           partridge.
  Syrmaticus ellioti....................   Elliot's pheasant.............  I.........................     7/1/75
  S. humiae.............................   Bar-tailed pheasant...........  I.........................     7/1/75
  S. mikado.............................   Mikado pheasant...............  I.........................     7/1/75
  Tetraogallus caspius..................   Caspian snowcock..............  I.........................     7/1/75
  T. tibetanus..........................   Tibetan snowcock..............  I.........................     7/1/75
  Tragopan blythii......................   Blyth's tragopan..............  I.........................     7/1/75
  T. caboti.............................   Cabot's tragopan..............  I.........................     7/1/75
  T. melanocephalus.....................   Western tragopan..............  I.........................     7/1/75
  T. satyra.............................   Satyr tragopan................  III (Nepal)...............   11/16/75
  Tympanuchus cupido attwateri..........   Attwater's greater prairie      I.........................     7/1/75
                                           chicken.
Order Gruiformes:                         Cranes, Rails, Bustards:
  Anthropoides (see Grus)
  Ardeotis nigriceps....................   Great Indian bustard..........  I.........................     7/1/75
  Balearica regulorum...................   Crowned crane.................  II........................     7/1/75
  Chlamydotis undulata..................   Houbara bustard...............  I.........................     7/1/75
  Choriotis (see Ardeotis)
  Eupodotis bengalensis.................   Bengal florican...............  I.........................     7/1/75
  Gallirallus sylvestris................   Lord Howe wood rail...........  I.........................     7/1/75
  Gruidae spp. (all species and            Cranes........................  II........................     8/1/85
   subspecies except those in App. I and
   those with earlier date in App. II).
  Grus americana........................   Whooping Crane................  I.........................     7/1/75
  G. canadensis nesiotes................   Cuba sandhill crane...........  I.........................     7/1/75
  G. canadensis pratensis...............   Florida sandhill crane........  II........................     7/1/75
  G. canadensis pulla...................   Mississippi sandhill crane....  I.........................     7/1/75
  G. japonensis.........................   Manchurian crane..............  I.........................     7/1/75
  G. leucogeranus.......................   Siberian white crane..........  I.........................     7/1/75
  G. monacha............................   Hooded crane..................  I.........................     7/1/75
  G. nigricollis........................   Black-necked crane............  I.........................     7/1/75
  G. vipio..............................   White-naped crane.............  I.........................     7/1/75
  G. virgo..............................   Demoiselle crane..............  II........................    7/29/83
  Houbaropsis (see Eupodotis)
  Otididae spp. (all species except        Bustards......................  II........................   10/22/87
   those in App. I or with earlier date
   in App. II).
  Otis tarda............................   Great bustard.................  II........................     7/1/75
  Rhynochetos jubatus...................   Kagu..........................  I.........................     7/1/75
  Tricholimnas sylvestris (see
   Gallirallus sylvestris)
Order Charadriiformes:                    Shorebirds, Gulls, Terns,
                                           Skimmers, Auks:
  Burhinus bistriatus...................   Double-striped thick-knee,      III (Guatemala)...........    4/23/81
                                           Mexican stone curlew.
  Larus relictus........................   Relict gull...................  I.........................     7/1/75
  Numenius borealis.....................   Eskimo curlew.................  I.........................     7/1/75
  N. tenuirostris.......................   Slender-billed curlew.........  I.........................     7/1/75
  Tringa guttifer.......................   Nordmann's greenshank.........  I.........................     7/1/75

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Order Columbiformes:                      Pigeons, Doves, Sand-grouse:
  Caloenas nicobarica...................   Nicobar pigeon................  I.........................    6/28/79
  Columba guinea........................   Speckled pigeon...............  III (Ghana)...............    2/26/76
  C. iriditorques.......................   Bronze-necked pigeon, Bronze-   III (Ghana)...............    2/26/76
                                           naped pigeon.
  C. livia..............................   Rock dove.....................  III (Ghana)...............    2/26/76
  C. mayeri.............................   Pink pigeon...................  III (Mauritius)...........    12/4/75
  C. unicincta..........................   African wood pigeon...........  III (Ghana)...............    2/26/76
  Ducula mindorensis....................   Mindoro imperial pigeon.......  I.........................     7/1/75
  Gallicolumba luzonica.................   Bleeding-heart pigeon.........  II........................     7/1/75
  Goura spp.............................   Crowned pigeons...............  II........................     7/1/75
  Nesoenas mayeri (see Columba mayeri)
  Oena capensis.........................   Namaqua dove, Masked dove.....  III (Ghana)...............    2/26/76
  Streptopelia decipiens................   African mourning dove,          III (Ghana)...............    2/26/76
                                           Mourning collared dove.
  S. roseogrisea........................   African turtle dove, African    III (Ghana)...............    2/26/76
                                           collared dove.
  S. semitorquata.......................   Red-eyed dove.................  III (Ghana)...............    2/26/76
  S. senegalensis.......................   Laughing dove.................  III (Ghana)...............    2/26/76
  S. turtur.............................   Turtle dove...................  III (Ghana)...............    2/26/76
  S. vinacea............................   Vinaceous dove................  III (Ghana)...............    2/26/76
  Treron calva..........................   African green pigeon..........  III (Ghana)...............    2/26/76
  T. waalia.............................   Yellow-bellied green pigeon...  III (Ghana)...............    2/26/76
  Turtur abyssinicus....................   Black-billed wood dove........  III (Ghana)...............    2/26/76
  T. afer...............................   Blue-spotted wood dove........  III (Ghana)...............    2/26/76
  T. brehmeri...........................   Blue-headed wood dove.........  III (Ghana)...............    2/26/76
  T. tympanistria.......................   Tambourine dove...............  III (Ghana)...............    2/26/76
Order Psittaciformes:                      Parrots, Parakeets, Macaws,
                                           Lories, Cockatoos, etc.:
  All species in order except those in     All Parrots, Parakeets,         II........................     6/6/81
   App. I or with earlier date in App.     Macaws, Lories, Cockatoos,
   II, and except Melopsittacus            etc. not listed below (not
   undulatus, Nymphicus hollandicus, and   including the Budgerigar,
   Psittacula krameri. However, the        Cockatiel, and Rose-ringed
   latter is listed separately in App.     parakeet).
   III.
  Amazona arausiaca.....................   Red-necked parrot.............  I.........................     6/6/81
  A. barbadensis........................   Yellow-shouldered parrot......  I.........................     6/6/81
  A. brasiliensis.......................   Red-tailed parrot.............  I.........................     6/6/81
  A. dufresniana rhodocorytha (see A.
   rhodocorytha)
  A. guildingii.........................   St. Vincent parrot............  I.........................     7/1/75
  A. imperialis.........................   Imperial parrot, Sisserou.....  I.........................     7/1/75
  A. leucocephala.......................   Cuban parrot..................  I.........................     7/1/75
  A. pretrei............................   Red-spectacted parrot.........  I.........................     7/1/75
  A. rhodocorytha.......................   Red-browed parrot.............  I.........................     7/1/75
  A. tucumana...........................   Tucuman parrot................  I.........................     6/6/81
  A. versicolor.........................   St. Lucia parrot..............  I.........................     7/1/75
  A. vinacea............................   Vinaceous parrot..............  I.........................     7/1/75
  A. viridigenalis......................   Red-crowned (= Green-cheeked)   I.........................     6/6/81
                                           parrot.
  A. vittata............................   Puerto Rican parrot...........  I.........................     7/1/75
  Anodorhynchus glaucus.................   Glaucous macaw................  I.........................     7/1/75
  A. hyacinthinus.......................   Hyacinth macaw................  I.........................     6/6/81
  A. leari..............................   Lear's macaw, Indigo macaw....  I.........................     7/1/75
  Ara ambigua...........................   Buffon's macaw, Great green     I.........................   10/28/76
                                           macaw.
  A. glaucogularis......................   Caninde macaw.................  I.........................     6/6/81
  A. macao..............................   Scarlet macaw.................  I.........................   10/28/76
  A. maracana...........................   Illiger's macaw...............  I.........................     6/6/81
  A. militaris..........................   Military macaw................  I.........................     6/6/81
  A. rubrogenys.........................   Red-fronted macaw.............  I.........................     6/6/81
  Aratinga guarouba.....................   Golden parakeet...............  I.........................     7/1/75
  Cacatua goffini.......................   Goffin's cockatoo.............  I.........................     6/6/81
  C. haematuropygia.....................   Red-vented cockatoo...........  I.........................     6/6/81
  C. moluccensis........................   Moluccan cockatoo.............  I.........................     6/6/81
  C. (=Kakatoe) tenuirostris............   Long-billed corella, Slender-   II........................     2/4/77
                                           billed cockatoo.
  Calyptorhynchus lathami...............   Glossy black cockatoo.........  II........................     2/4/77
  Coracopsis nigra (Seychelles             Seychelles vasa parrot........  II........................     7/1/75
   population).
  Cyanoliseus patagonus byroni..........   Burrowing parakeet............  II........................    6/28/79
  Cyanopsitta spixii....................   Spix's macaw..................  I.........................     7/1/75
  Cyanoramphus auriceps forbesi.........   Forbes' parakeet, Yellow-       I.........................     7/1/75
                                           fronted parakeet.
  C. auriceps malherbi..................   Orange-fronted parakeet.......  II........................     7/1/75
  C. cookii.............................   Norfolk parakeet..............  I.........................     7/1/75

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  C. malherbi (see C. auriceps malherbi)
  C. novaezelandiae.....................   New Zealand parakeet, Red-      I.........................     7/1/75
                                           fronted parakeet.
  C. unicolor...........................   Antipodes green parakeet......  II........................     7/1/75
  Cyclopsitta diophthalma coxeni........   Coxen's fig parrot............  I.........................     2/4/77
  Eos histrio...........................   Red and blue lory.............  I.........................     6/6/81
  Eunymphicus cornutus (except            Horned parakeet................  II........................     7/1/75
   subspecies listed below).
  Eunymphicus cornutus cornutus.........  Horned parakeet................  I.........................     7/1/75
  Eunymphicus cornutus uveaensis........  Horned parakeet................  I.........................     7/1/75
  Geopsittacus occidentalis (see
   Pezoporus occidentalis)
  Neophema chrysogaster.................   Orange-bellied parakeet.......  I.........................     7/1/75
  N. splendida..........................   Scarlet-chested parakeet......  II........................     7/1/75
  Northiella haematogaster narethae.....   Blue-bonnet parrot............  II........................     2/4/77
  Ognorhynchus icterotis................   Yellow-eared parrot...........  I.........................     6/6/81
  Opopsitta (see Cyclopsitta)
  Pezoporus occidentalis................   Night parrot, Australian night  I pe......................     7/1/75
                                           parrot.
  P. wallicus...........................   Ground parrot.................  I.........................     2/4/77
  Pionopsitta pileata...................   Red-capped parrot, Pileated     I.........................     7/1/75
                                           parrot.
  Poicephalus robustus..................   Cape parrot...................  II........................     7/1/75
  Polytelis alexandrae..................   Princess parrot...............  II........................     2/4/77
  Probosciger aterrimus.................   Great black cockatoo, Palm      I.........................     7/1/75
                                           cockatoo.
  Prosopeia personata...................   Masked shining parrot, Yellow-  II........................     7/1/75
                                           breasted musk parrot.
  Psephotus chrysopterygius.............   Golden-shouldered parakeet....  I.........................     7/1/75
  P. dissimilis.........................   Hooded parrot.................  I.........................     7/1/75
  P. pulcherrimus.......................   Paradise parakeet.............  I pe......................     7/1/75
  P. haematogaster narethae (see
   Northiella)
  Psittacula echo (=P. krameri echo)....   Rose-ringed parakeet..........  I.........................     7/1/75
  P. krameri............................   Ring-neck parakeet............  III (Ghana)...............    2/26/76
  Psittacus erithacus princeps..........   Principe parrot...............  II........................     7/1/75
  Pyrrhura cruentata....................   Blue-throated parakeet, Ochre-  I.........................     7/1/75
                                           marked parakeet.
  Rhynchopsitta pachyrhyncha............   Thick-billed parrot...........  I.........................     7/1/75
  R. terrisi (=R. pachyrhyncha terrisi).   Maroon-fronted parrot.........  I.........................     6/6/81
  Strigops habroptilus..................   Kakapo, Owl parrot............  I.........................     7/1/75
  Tanygnathus lucionensis...............   Blue-naped parrot.............  II........................     2/4/77
  Vini ultramarina......................   Ultramarine lorikeet..........  I.........................     6/6/81
Order Cuculiformes:                       Cuckoos, Plantain-eaters,
                                           Turacos:
  Corythaeola cristata..................   Great blue turaco.............  III (Ghana)...............     2/4/77
  Crinifer piscator.....................   Gray plantain eater...........  III (Ghana)...............     2/4/77
  Musophaga (=Tauraco, =Gallirex)          Violet-crested turaco.........  II........................     7/1/75
   porphyreolopha.
  M. violacea...........................   Violet turaco.................  III (Ghana)...............     2/4/77
  Tauraco spp. (except those with          Turacos, Louries..............  II........................    2/16/95
   earlier date in App. II or III).
  T. corythaix..........................   Knysna turaco.................  II........................     2/4/77
  T. macrorhynchus......................   Yellow-billed turaco..........  II........................     2/4/77
Order Strigiformes:                        Owls:
  All species except those in App. I or    All Owls not listed below.....  II........................    6/28/79
   with earlier date in App. II.
  Athene blewitti.......................   Forest little owl, Forest       I.........................    6/28/79
                                           spotted owlet.
  Bubo ascalaphus.......................   Pharaoh eagle owl.............  II........................     2/4/77
  B. bengalensis........................   Rock eagle owl................  II........................     2/4/77
  B. bubo...............................   Eurasian eagle owl............  II........................     2/4/77
  Mimizuku gurneyi......................   Giant scops owl...............  I.........................     7/1/75
  Ninox novaeseelandiae undulata........   Great hawk-owl................  I.........................     2/4/77
  N. squamipila natalis.................   Great hawk-owl, Moluccan hawk-  I.........................     2/4/77
                                           owl.
  Nyctea scandiaca......................   Snowy owl.....................  II........................     2/4/77
  Otus gurneyi (see Mimizuku gurneyi)
  O. nudipes newtoni....................   Virgin Island screech owl.....  II........................     7/1/75
  Strigidae (all species native to         Owls..........................  II........................    2/26/76
   Ghana).
  Strix butleri.........................   Hume's wood owl...............  II........................     2/4/77
  S. nebulosa...........................   Great gray owl................  II........................   11/16/75
  Tytonidae (all species native to         Barn owls.....................  II........................    2/26/76
   Ghana).
  Tyto soumagnei........................   Madagascar red owl............  I.........................     2/4/77
Order Apodiformes:                        Swifts, Hummingbirds:
  Glaucis (see Ramphodon)
  Ramphodon dohrnii.....................   Hook-billed hermit............  I.........................     7/1/75
  Trochilidae spp.......................   Hummingbirds..................  II........................   10/22/87
Order Trogoniformes:                      Trogons:
  Pharomachrus mocinno..................   Resplendent quetzal...........  I.........................     7/1/75

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Order Coraciiformes:                      Hornbills, Kingfishers,
                                           Rollers, Bee-eaters, Motmots:
  Aceros spp. (all species except those    Hornbills.....................  II........................    6/11/92
   in App. I or with earlier date in
   App. II).
  A. narcondami.........................   Narcondam hornbill............  II........................     7/1/75
  A. nipalensis.........................   Rufous-necked hornbill........  I.........................    6/11/92
  A. subruficollis......................   Plain-pouched hornbill........  I.........................    6/11/92
  Anorrhinus (=Ptilolaemus) spp.........   Hornbills.....................  II........................    6/11/92
  Anthracoceros spp.....................   Hornbills, Pied hornbills.....  II........................    6/11/92
  Buceros spp. (all species and            Giant hornbills...............  II........................    6/11/92
   subspecies except those in App. I or
   with earlier date in App. II).
  B. bicornis...........................   Great hornbill................  I.........................     7/1/75
  B. hydrocorax hydrocorax..............   Luzon-Marinduque rufous         II........................     7/1/75
                                           hornbill.
  B. rhinoceros (except subspecies with    Rhinoceros hornbill...........  II........................    1/18/90
   earlier date).
  B. rhinoceros rhinoceros..............   Malay rhinoceros hornbill.....  II........................     7/1/75
  B. (=Rhinoplax) vigil.................   Helmeted hornbill.............  I.........................     7/1/75
  Penelopides spp.......................   Hornbills.....................  II........................    6/11/92
Order Piciformes:                         Woodpeckers, Toucans, Jacamars,
                                           Barbets:
  Baillonius bailloni...................   Saffron toucanet..............  III (Argentina)...........    6/11/92
  Campephilus imperialis................   Imperial woodpecker...........  I.........................     7/1/75
  Dryocopus javensis richardsi..........   Tristam's white-bellied         I.........................     7/1/75
                                           woodpecker.
  Pteroglossus aracari..................   Black-necked aracari..........  II........................    6/11/92
  P. castanotis.........................   Chestnut-eared aracari........  III (Argentina)...........    6/11/92
  P. viridis............................   Green aracari.................  II........................    6/11/92
  Ramphastos dicolorus..................   Red-breasted toucan...........  III (Argentina)...........    6/11/92
  R. sulphuratus........................   Keel-billed toucan............  II........................    4/23/81
  R. toco...............................   Toco toucan...................  II........................    6/11/92
  R. tucanus............................   Red-billed toucan.............  II........................    6/11/92
  R. vitellinus.........................   Channel-billed toucan.........  II........................    6/11/92
  Selenidera maculirostris..............   Spot-billed toucanet..........  III (Argentina)...........    6/11/92
  Semnornis ramphastinus................   Toucan barbet.................  III (Colombia)............    5/28/89
Order Passeriformes:                      Perching birds, Songbirds:
  Agelaius (=Xanthopsar) flavus.........   Saffron-cowled blackbird......  I.........................    7/14/76
  Amadina fasciata......................   Cut-throat....................  III (Ghana)...............    2/26/76
  Amandava formosa......................   Green avadavat................  II........................    9/18/97
  A. subflava...........................   Zebra waxbill.................  III (Ghana)...............    2/26/76
  Amblyospiza albifrons.................   Grosbeak weaver...............  III (Ghana)...............    2/26/76
  Anaplectes rubriceps..................   Red-headed malimbe............  III (Ghana)...............    2/26/76
  Anomalospiza imberbis.................   Parasitic weaver..............  III (Ghana)...............    2/26/76
  Atrichornis clamosus..................   Noisy scrub-bird..............  I.........................     7/1/75
  Bebrornis rodericanus.................   Rodriquez Island warbler......  III (Mauritius)...........    12/4/75
  Bubalornis albirostris................   Buffalo weaver................  III (Ghana)...............    2/26/76
  Carduelis (=Spinus) cucullata.........   Red siskin....................  I.........................     7/1/75
  C. (=Spinus) yarrellii................   Yellow-faced siskin...........  II........................     7/1/75
  Cephalopterus ornatus.................   Amazonian umbrellabird........  III (Colombia)............    9/21/88
  C. penduliger.........................   Long-wattled umbrellabird.....  III (Colombia)............    9/21/88
  Cotinga maculata......................   Banded cotinga................  I.........................     7/1/75
  Cyornis ruckii........................   Rueck's blue flycatcher,        II........................     7/1/75
                                           Niltava.
  Dasyornis broadbenti litoralis........   Western rufous bristlebird....  I pe......................     7/1/75
  D. longirostris (=D. brachypterus        Western bristlebird...........  I.........................     7/1/75
   longirostris).
  Estrilda astrild......................   Common waxbill................  III (Ghana)...............    2/26/76
  E. caerulescens.......................   Lavender waxbill, Lavender      III (Ghana)...............    2/26/76
                                           fire-finch.
  E. melpoda............................   Orange-cheeked waxbill........  III (Ghana)...............    2/26/76
  E. troglodytes........................   Black-rumped waxbill..........  III (Ghana)...............    2/26/76
  Euplectes afer........................   Yellow-crowned bishop.........  III (Ghana)...............    2/26/76
  E. ardens.............................   Red-collared whydah...........  III (Ghana)...............    2/26/76
  E. franciscanus.......................   Red bishop, Orange bishop.....  III (Ghana)...............    2/26/76
  E. hordeaceus.........................   Black-winged red bishop.......  III (Ghana)...............    2/26/76
  E. macrourus..........................   Yellow-mantled whydah.........  III (Ghana)...............    2/26/76
  E. orix (see E. franciscanus)
  Garrulax canorus......................   Hwamei........................  II........................    7/19/00
  Gracula religiosa.....................   Hill myna.....................  II........................    6/11/92
  Gubernatrix cristata..................   Yellow cardinal...............  II........................    7/14/76
  Lagonosticta larvata (see L. vinacea)
  L. rara...............................   Black-bellied waxbill.........  III (Ghana)...............    2/26/76
  L. rubricata..........................   African waxbill...............  III (Ghana)...............    2/26/76
  L. rufopicta..........................   Bar-breasted waxbill..........  III (Ghana)...............    2/26/76
  L. senegala...........................   Red-billed fire finch, Red-     III (Ghana)...............    2/26/76
                                           billed waxbill.
  L. vinacea............................   Vinaceous waxbill.............  III (Ghana)...............    2/26/76
  Leiothrix argentaurius................   Silver-eared mesia............  II........................    9/18/97

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  L. lutea..............................   Pekin robin...................  II........................    9/18/97
  Leucopsar rothschildi.................   Rothschild's starling, Myna...  I.........................     7/1/75
  Lichenostomus melanops cassidix.......   Helmeted honeyeater...........  I.........................     7/1/75
  Liocichla omeiensis...................   Omei Shan liocichla...........  II........................    9/18/97
  Lonchura bicolor......................   Black-and white mannikin......  III (Ghana)...............    2/26/76
  L. cantans............................   White-throated munia, African   III (Ghana)...............    2/26/76
                                           silverbill.
  L. cucullata..........................   Bronze mannikin...............  III (Ghana)...............    2/26/76
  L. fringilloides......................   Magpie mannikin, Pied mannikin  III (Ghana)...............    2/26/76
  L. malabarica (see L. cantans)
  Malimbus cassini......................   Cassin's malimbe..............  III (Ghana)...............    2/26/76
  M. malimbicus.........................   Crested malimbe...............  III (Ghana)...............    2/26/76
  M. nitens.............................   Gray's malimbe................  III (Ghana)...............    2/26/76
  M. rubriceps (see Anaplectes
   rubriceps)
  M. rubricollis........................   Red-headed weaver.............  III (Ghana)...............    2/26/76
  M. scutatus...........................   Red-vented malimbe............  III (Ghana)...............    2/26/76
  Mandingoa nitidula....................   Green-backed twin-spot........  III (Ghana)...............    2/26/76
  Meliphaga cassidix (see Lichenostomus
   melanops cassidix)
  Nesocharis capistrata.................   Gray-headed olive-back........  III (Ghana)...............    2/26/76
  Nigrita bicolor.......................   Chestnut-breasted negro-finch.  III (Ghana)...............    2/26/76
  N. canicapilla........................   Gray-headed negro-finch.......  III (Ghana)...............    2/26/76
  N. fusconota..........................   White-breasted negro-finch....  III (Ghana)...............    2/26/76
  N. luteifrons.........................   Pale-fronted negro-finch......  III (Ghana)...............    2/26/76
  Niltava (=Muscicapa) (see Cyornis)
  Ortygospiza atricollis................   Common quail-finch............  III (Ghana)...............    2/26/76
  Pachyphantes superciliosus............   Compact weaver................  III (Ghana)...............    2/26/76
  Padda oryzivora.......................   Java sparrow..................  II........................    9/18/97
  Paradiseidae spp. (all species in        Birds of paradise.............  II........................     7/1/75
   family).
  Parmoptila rubrifrons (=woodhousei)...   Jameson's antpecker,            III (Ghana)...............    2/26/76
                                           Flowerpecker weaver-finch.
  Paroaria capitata.....................   Yellow-billed cardinal........  II........................   10/22/87
  P. coronata...........................   Red-crested cardinal..........  II........................   10/22/87
  Passer griseus........................   Gray-headed sparrow...........  III (Ghana)...............    2/26/76
  Petronia dentata......................   Bush petronia.................  III (Ghana)...............    2/26/76
  Pholidornis rushiae...................   Tit-hylia.....................  III (Ghana)...............    2/26/76
  Picathartes gymnocephalus.............   Bare-headed rockfowl, White-    I.........................     7/1/75
                                           necked rockfowl.
  P. oreas..............................   Gray-necked rockfowl, Red-      I.........................     7/1/75
                                           headed rockfowl.
  Pitta brachyura nympha (see P. nympha)
  P. guajana............................   Blue-tailed pitta, Banded       II........................    12/7/87
                                           pitta.
  P. gurneyi............................   Gurney's pitta................  I.........................    12/7/87
  P. kochi..............................   Koch's pitta..................  I.........................     7/1/75
  P. nympha.............................   Fairy pitta, Blue-winged pitta  II........................     7/1/75
  Plocepasser superciliosus.............   Chestnut-crowned sparrow-       III (Ghana)...............    2/26/76
                                           weaver.
  Ploceus albinucha.....................   White-naped black weaver......  III (Ghana)...............    2/26/76
  P. aurantius..........................   Orange weaver.................  III (Ghana)...............    2/26/76
  P. cucullatus.........................   Black-headed weaver...........  III (Ghana)...............    2/26/76
  P. heuglini...........................   Heuglin's masked weaver.......  III (Ghana)...............    2/26/76
  P. luteolus...........................   Little weaver.................  III (Ghana)...............    2/26/76
  P. melanocephalus.....................   Yellow-backed weaver..........  III (Ghana)...............    2/26/76
  P. nigerrimus.........................   Viellot's weaver..............  III (Ghana)...............    2/26/76
  P. nigricollis........................   Black-necked weaver...........  III (Ghana)...............    2/26/76
  P. pelzelni...........................   Slender-billed weaver.........  III (Ghana)...............    2/26/76
  P. preussi............................   Golden-backed weaver..........  III (Ghana)...............    2/26/76
  P. superciliosus (see Pachyphantes
   superciliosus )
  P. tricolor...........................   Yellow-mantled weaver.........  III (Ghana)...............    2/26/76
  P. vitellinus (=P. velatus)...........   Vitelline masked weaver.......  III (Ghana)...............    2/26/76
  Poephila cincta cincta................   Black-throated finch, Parson    II........................   10/17/80
                                           finch.
  Pseudochelidon sirintarae.............   White-eyed river martin.......  I.........................     7/1/75
  Pycnonotus zeylanicus.................   Straw-headed bulbul...........  II........................    9/18/97
  Pyrenestes ostrinus...................   Black-bellied seedcracker.....  III (Ghana)...............    2/26/76
  Pytilia hypogrammica..................   Yellow-winged pytilia.........  III (Ghana)...............    2/26/76
  P. phoenicoptera......................   Red-winged pytilia............  III (Ghana)...............    2/26/76
  Quelea erythrops......................   Red-headed quelea.............  III (Ghana)...............    2/26/76
  Rupicola spp..........................   Cocks-of-the-rock.............  II........................     7/1/75
  Serinus canicapillus (=gularis).......   West African seedeater........  III (Ghana)...............    2/26/76
  S. leucopygius........................   White-rumped seedeater........  III (Ghana)...............    2/26/76
  S. mozambicus.........................   Yellow-fronted canary.........  III (Ghana)...............    2/26/76
  Spermophaga haematina.................   Blue-bill.....................  III (Ghana)...............    2/26/76
  Sporopipes frontalis..................   Speckled-fronted weaver.......  III (Ghana)...............    2/26/76

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  Tangara fastuosa......................   Seven-colored tanager.........  II........................    9/18/97
  Tchitrea (see Terpsiphone)
  Terpsiphone bourbonnensis.............   Coq de Boise, Mascarene         III (Mauritius)...........    12/4/75
                                           paradise flycatcher.
  Uraeginthus bengalus..................   Red-cheeked cordon-bleu.......  III (Ghana)...............    2/26/76
  Vidua (=Hypochera) chalybeata.........   Village indigobird............  III (Ghana)...............    2/26/76
  V. interjecta.........................   Uelle paradise whydah.........  III (Ghana)...............    2/26/76
  V. larvaticola........................   Bako indigobird...............  III (Ghana)...............    2/26/76
  V. macroura...........................   Pin-tailed whydah.............  III (Ghana)...............    2/26/76
  V. orientalis (=paradisaea)...........   Northern paradise whydah......  III (Ghana)...............    2/26/76
  V. raricola...........................   Jambandu indigobird...........  III (Ghana)...............    2/26/76
  V. togoensis..........................   Togo paradise whydah..........  III (Ghana)...............    2/26/76
  V. wilsoni............................   Wilson's indigobird...........  III (Ghana)...............    2/26/76
  Xanthopsar (see Agelaius)
  Xipholena atropurpurea................   White-winged cotinga..........  I.........................     7/1/75
  Zosterops albogularis.................   White-chested white-eye,        I.........................     7/1/75
                                           Norfolk Island white-eye.
CLASS REPTILIA:                           REPTILES:
Order Testudinata:                        Turtles, Tortoises:
  Apalone ater..........................   Cuatro Cienegas softshell       I.........................     7/1/75
                                           turtle.
  Aspideretes gangeticus................   Indian soft-shell turtle......  I.........................     7/1/75
  Aspideretes hurum.....................   Peacock soft-shell turtle.....  I.........................     7/1/75
  Aspideretes nigricans.................   Black soft-shell turtle.......  I.........................     7/1/75
  Batagur baska.........................   River terrapin, Tuntong.......  I.........................     7/1/75
  Callagur borneoensis..................   Painted terrapin..............  II........................    9/18/97
  Cheloniidae spp. (all species in         Sea turtles...................  I.........................     7/1/75
   family).
  Chersina (=Testudo) spp...............   Bow-sprit tortoises...........  II........................     7/1/75
  Clemmys insculpta.....................   Wood turtle...................  II........................    6/11/92
  C. muhlenbergi........................   Bog turtle....................  I.........................     7/1/75
  Cuora spp.............................   Asian box turtles.............  II........................    7/19/00
  Dermatemys mawii......................   Central American river turtle.  II........................     6/6/81
  Dermochelys coriacea..................   Leatherback sea turtle........  I.........................     7/1/75
  Erymnochelys madagascariensis.........   Madagascar turtle.............  II........................     7/1/75
  Geochelone spp. (except species listed   Land tortoises................  II........................     7/1/75
   below).
  G. sulcata [zero quota for wild          African spurred tortoise......  II........................     7/1/75
   specimens].
  G. (=Testudo) nigra (=elephantopus)...   Galapagos tortoise............  I.........................     7/1/75
  G. (=Testudo) radiata.................   Madagascar radiated tortoise..  I.........................     7/1/75
  G. (=Testudo) yniphora................   Angulated tortoise............  I.........................     7/1/75
  Geoclemys (=Damonia) hamiltonii.......   Spotted pond turtle...........  I.........................     7/1/75
  Gopherus spp. (except species listed     Gopher tortoises..............  II........................     7/1/75
   below).
  G. flavomarginatus....................   Bolson tortoise...............  I.........................     7/1/75
    Graptemys spp.......................  Map turtles....................  III.......................    6/14/06
  Homopus spp...........................   African parrot-beaked           II........................     7/1/75
                                           tortoises.
  Kachuga tecta.........................   Indian sawback turtle.........  I.........................     7/1/75
  Kinixys spp...........................   Hinged-back tortoise..........  II........................     7/1/75
  Lissemys punctata (all subspecies        Indian flap-shell tortoise....  II........................    2/16/95
   except punctata).
  L. p. punctata........................   Indian flap-shell tortoise....  II........................     7/1/75
    Macroclemys (=Macrochelys)            Alligator snapping turtle......  III.......................    6/14/06
     temminckii.
  Malacochersus spp.....................   Pancake tortoises.............  II........................     7/1/75
  Melanochelys (=Geoemyda) tricarinata..   Three-keeled Asian turtle.....  I.........................     7/1/75
  Morenia ocellata......................   Burmese peacock turtle........  I.........................     7/1/75
  Pelomedusa subrufa....................   Helmeted terrapin.............  III (Ghana)...............    2/26/76
  Peltocephalus dumeriliana.............   Big-headed Amazon River turtle  II........................     7/1/75
  Pelusios adansonii....................   Adanson's hinged terrapin.....  III (Ghana)...............    2/26/76
  P. castaneus..........................   Brown hinged terrapin, Swamp    III (Ghana)...............    2/26/76
                                           hinged terrapin.
  P. gabonensis.........................   Gabon hinged terrapin.........  III (Ghana)...............    2/26/76
  P. niger..............................   Black hinged terrapin.........  III (Ghana)...............    2/26/76
  Podocnemis spp........................   South American turtles........  II........................     7/1/75
  Psammobates (=Testudo) geometricus....   Geometric turtle..............  I.........................     2/4/77
  Pseudemydura umbrina..................   Short-necked swamp turtle.....  I.........................     7/1/75
  Pyxis spp.............................   Madagascar spider tortoises...  II........................     7/1/75
  Terrapene spp. (all species except       Box turtles...................  II........................    2/16/95
   those in App. I).
  T. coahuila...........................   Aquatic box turtle............  I.........................     7/1/75
  Testudinidae spp. (all species except    Land tortoises................  II........................     2/4/77
   those in App. I or with earlier date
   in App. II).
  Testudo spp. (all species except those   Land tortoises................  II........................     7/1/75
   in App. I).
  T. kleinmanni.........................   Egyptian tortoise.............  I.........................     2/4/77
  Trionyx ater (see Apalone ater)
  T. gangeticus (see Aspideretes
   gangeticus)
  T. hurum (see Aspideretes hurum)
  T. nigricans (see Aspideretes
   nigricans)

[[Page 138]]

 
  T. triunguis..........................   Three-clawed turtle...........  III (Ghana)...............    2/26/76
Order Crocodylia:                         Crocodiles, Alligators,
                                           Caimans, Gavials:
  Alligatoridae spp. (all species in       All Alligators, Caimans not     II........................     2/4/77
   family except those in App. I or with   listed below.
   earlier date in App. II).
  Alligator mississippiensis............   American alligator............  II........................     7/1/75
  A. sinensis...........................   Chinese alligator.............  I.........................     7/1/75
  Caiman crocodilus apaporiensis........   Apaporis River caiman.........  I.........................     7/1/75
  C. crocodilus crocodilus..............   Common caiman, Spectacled       II........................     7/1/75
                                           caiman.
  C. crocodilus fuscus (including C.       Brown caiman..................  II........................     7/1/75
   crocodilus chiapasius).
  C. crocodilus yacare (=C. yacare).....   Yacare........................  II........................     7/1/75
  C. latirostris (except population of     Broad-snouted caiman..........  I.........................     7/1/75
   Argentina).
  C. latirostris (population of            Broad-snouted caiman..........  II........................     7/1/75
   Argentina, subject to ranching
   provisions).
  Crocodylidae spp. (all species in        All Crocodiles not listed       II........................     2/4/77
   family except those in App. I or with   below.
   earlier date in App. II).
  Crocodylus acutus.....................   American crocodile............  I.........................     7/1/75
  C. cataphractus.......................   African slender-snouted         I.........................     7/1/75
                                           crocodile.
  C. intermedius........................   Orinoco crocodile.............  I.........................     7/1/75
  C. johnsoni...........................   Johnson's crocodile...........  II........................     7/1/75
  C. moreletii..........................   Morelet's crocodile...........  I.........................     7/1/75
  C. niloticus (except those populations   Nile crocodile................  I.........................     7/1/75
   in App. II).
  C. niloticus (populations of Botswana,   Nile crocodile................  II........................     7/1/75
   Kenya, Malawi, South Africa, Zambia,
   and Zimbabwe, subject to ranching
   provisions).
  C. niloticus (population of Ethiopia,    Nile crocodile................  II........................     7/1/75
   Madagascar, Mozambique, Tanzania, and
   Uganda, subject to annual export
   quota).
  C. novaeguineae (except subspecies       New Guinea crocodile,           II........................     7/1/75
   listed below).                          Freshwater crocodile.
  C. novaeguineae mindorensis...........   Philippine crocodile..........  I.........................     7/1/75
  C. palustris..........................   Mugger crocodile..............  I.........................     7/1/75
  C. porosus (except populations of        Saltwater crocodile...........  I.........................     7/1/75
   Australia, Papua New Guinea, and
   Indonesia).
  C. porosus (Australia and Papua New      Saltwater crocodile...........  II........................     7/1/75
   Guinea populations).
  C. porosus (Indonesian population        Saltwater crocodile...........  II........................     7/1/75
   subject to ranching provisions).
  C. rhombifer..........................   Cuban crocodile...............  I.........................     7/1/75
  C. siamensis..........................   Siamese crocodile.............  I.........................     7/1/75
  Gavialis gangeticus...................   Gavial, Gharial...............  I.........................     7/1/75
  Melanosuchus niger (except for           Black caiman..................  I.........................     7/1/75
   population of Ecuador).
  M. niger (population of Ecuador,         Black caiman..................  II........................     7/1/75
   subject to a zero annual export quota
   until a different quota has been
   approved by the Secretariat).
  Osteolaemus tetraspis (except            Dwarf crocodile...............  I.........................     2/4/77
   subspecies listed below).
  O. tetraspis osborni..................   Dwarf crocodile...............  I.........................     7/1/75
  O. tetraspis tetraspis................   Dwarf crocodile...............  I.........................     7/1/75
  Paleosuchus trigonatus................   Smooth-fronted caiman.........  II........................     7/1/75
  Tomistoma schlegelii..................   Tomistoma, False gavial.......  I.........................     7/1/75
Order Rhynchocephalia:                    Tuatara:
  Sphenodon spp.........................   Tuataras......................  I.........................     7/1/75
Order Sauria:                             Lizards:
  Amblyrhynchus cristatus...............   Galapagos marine iguana.......  II........................     7/1/75
  Brachylophus spp......................   Fiji iguanas..................  I.........................     6/6/81
  Bradypodion spp.......................   Chameleons....................  II........................     2/4/77
  Calumma spp...........................   Chamaeleons...................  II........................     2/4/77
  Chamaeleo spp.........................   Chamaeleons...................  II........................     2/4/77
  Cnemidophorus hyperythrus.............   Orange-throated whiptail        II........................     7/1/75
                                           lizard.
  Conolophus spp. (except species listed   Land lizards..................  II........................     2/4/77
   below).
  C. pallidus...........................   Barrington Island land lizard.  II........................     7/1/75
  C. subcristatus.......................   Galapagos land iguana.........  II........................     7/1/75
  Cordylus spp..........................   Girdled lizards...............  II........................     6/6/81
  Corucia zebrata.......................   Prehensile-tailed skink.......  II........................    6/11/92
  Crocodilurus lacertinus...............   Dragon lizardet...............  II........................     2/4/77
  Cyclura spp...........................   Ground iguanas................  I.........................     2/4/77
  Cyrtodactylus serpensinsula...........   Serpent Island gecko..........  II........................     2/4/77
  Dracaena spp..........................   Caiman lizards................  II........................     2/4/77
  Furcifer spp..........................   Chamaeleons...................  II........................     2/4/77

[[Page 139]]

 
  Gallotia simonyi......................   Hierro giant lizard...........  I.........................   10/22/87
  Heloderma spp.........................   Beaded lizards, Gila monster..  II........................     7/1/75
  Iguana spp............................   Iguanas.......................  II........................     2/4/77
  Phelsuma spp..........................   Day geckos....................  II........................     2/4/77
  Phrynosoma coronatum (except             Coastal horned lizards........  II........................    6/11/92
   subspecies with earlier date in App.
   II).
  P. coronatum blainvillei..............   San Diego horned lizard.......  II........................     7/1/75
  Podarcis lilfordi.....................   Lilford's wall lizard.........  II........................   10/22/87
  P. pityusensis........................   Ibiza wall lizard.............  II........................   10/22/87
  Pseudocordylus spp....................   Crag lizards..................  II........................     6/6/81
  Sauromalus varius.....................   San Esteban Island chuckwalla.  I.........................     6/6/81
  Shinisaurus crocodilurus..............   Chinese crocodile lizard......  II........................    1/18/90
  Tupinambis spp........................   Tegu lizards..................  II........................     2/4/77
  Uromastyx spp.........................   Spiny-tailed lizards..........  II........................     2/4/77
  Varanus spp. (all species except those   Monitor lizards...............  II........................     7/1/75
   in App. I).
  V. bengalensis........................   Indian monitor, Bengal monitor  I.........................     7/1/75
  V. flavescens.........................   Yellow monitor................  I.........................     7/1/75
  V. griseus............................   Desert monitor................  I.........................     7/1/75
  V. komodoensis........................   Komodo Island monitor, Komodo   I.........................     7/1/75
                                           dragon.
Order Serpentes:                          Snakes:
  Acrantophis spp.......................   Madagascar boas...............  I.........................     2/4/77
  Agkistrodon bilineatus................   Cantil........................  III (Honduras)............    4/13/87
  Atretium schistosum...................   Olive keelback water snake....  III (India)...............    2/12/84
  Atropoides nummifer...................   Jumping pit-viper.............  III (Honduras)............    4/13/87
  Boa (=Constrictor) constrictor........   Boa constrictor...............  II........................     7/1/75
  Boa constrictor occidentalis..........   Argentine boa constrictor.....  I.........................     2/4/77
  Boidae spp. (all species except those    Boas..........................  II........................     2/4/77
   in App. I or with earlier date in
   App. II).
  Bolyeria multocarinata................   Round Island boa..............  I.........................     2/4/77
  Bolyeriidae spp. (all species except     Round island boas.............  II........................     2/4/77
   those in App. I or with earlier date
   in App. II).
  Bothriechis schlegelii................   Eyelash palm pit-viper........  III (Honduras)............    4/13/87
  Bothrops asper........................   Terciopelo....................  III (Honduras)............    4/13/87
  Bothrops nasutum (see Porthidium
   nasutum)
  B. nummifer (see Atropoides nummifer)
  B. ophryomegas (see Porthidium
   ophryomegas)
  B. schlegelii (see Bothriechis
   schlegelii)
  Casarea dussumieri....................   Round Island boa..............  I.........................     2/4/77
  Cerberus rhynchops....................   Dog-faced water snake.........  III (India)...............    2/12/84
  Clelia (=Pseudoboa) clelia............   Mussurana snake...............  II........................     7/1/75
  Crotalus durissus.....................   Tropical rattlesnake, Cascabel  III (Honduras)............    4/13/87
  Cyclagras (=Hydrodynastes) gigas......   South American false water      II........................     7/1/75
                                           cobra.
  Daboia russellii......................   Russell's viper...............  III (India)...............    2/12/84
  Elachistodon westermanni..............   Indian egg-eating snake.......  II........................     7/1/75
  Epicrates cenchria cenchria...........   Rainbow boa...................  II........................     7/1/75
  E. inornatus..........................   Puerto Rican boa..............  I.........................     2/4/77
  E. monensis...........................   Mona boa......................  I.........................     2/4/77
  E. subflavus..........................   Jamaican boa..................  I.........................     7/1/75
  Eunectes notaeus......................   Yellow anaconda...............  II........................     7/1/75
  Hoplocephalus bungaroides.............   Broad-headed snake............  II........................     8/1/85
  Loxocemidae spp. (all species except     Mexican dwarf boas............  II........................     2/4/77
   those in App. I or with earlier date
   in App. II).
  Micrurus diastema.....................   Atlanta coral snake...........  III (Honduras)............    4/13/87
  M. nigrocinctus.......................   Black-banded coral snake......  III (Honduras)............    4/13/87
  Naja naja.............................   Indian cobra..................  II........................    2/12/84
  N. oxiana (see Naja naja).............
  N. kaouthia (see Naja naja)...........
  Ophiophagus hannah....................   King cobra....................  II........................    2/12/84
  Porthidium nasutum....................   Rainforest hognosed pit-viper.  III (Honduras)............    4/13/87
  P. ophryomegas........................   Slender hognosed pit-viper....  III (Honduras)............    4/13/87
  Ptyas mucosus.........................   Oriental rat snake, Whipsnake.  II........................    2/12/84
  Python spp. (except subspecies listed    Pythons.......................  II........................     7/1/75
   below).
  Pythonidae spp. (all species except      Pythons.......................  II........................     2/4/77
   those in App. I or with earlier date
   in App. II).
  P. molurus molurus....................   Indian python.................  I.........................     7/1/75
  Sanzinia madagascariensis.............   Tree boa......................  I.........................     2/4/77
  Tropidophiidae spp. (all species         Small ground boas.............  II........................     2/4/77
   except those in App. I or with
   earlier date in App. II).
  Vipera russellii (see Daboia
   russellii).
  V. ursinii (except USSR populations)..   Orsini's viper................  I.........................   10/22/87
  V. wagneri............................   Wagner's viper................  II........................    6/11/92

[[Page 140]]

 
  Xenochrophis (=Natrix) piscator.......   Checkered keelback water snake  III (India)...............    2/12/84
CLASS AMPHIBIA:                           AMPHIBIANS:
Order Caudata:                            Salamanders:
  Ambystoma dumerilii...................   Lake Patzcuaro salamander.....  II........................     7/1/75
  A. mexicanum..........................   Axolotl.......................  II........................     7/1/75
  Andrias spp...........................   Giant salamanders.............  I.........................     7/1/75
Order Anura:                              Frogs, Toads:
  Atelopus varius zeteki................   Panamanian golden frog........  I.........................     7/1/75
  Bufo periglenes.......................   Monte Verde golden toad.......  I.........................     7/1/75
  B. superciliaris......................   Cameroon toad.................  I.........................     7/1/75
  Dendrobates spp.......................   Poison dart frogs, Poison       II........................   10/22/87
                                           arrow frogs.
  Dyscophus antongilii..................   Tomato frog...................  I.........................   10/22/87
  Epipedobates spp. (see Dendrobates
   spp.).
  Mantella aurantiaca...................   Malagasy golden mantella......  II........................    2/16/95
  Mantella spp. (except species below)..   Mantella frogs................  II........................    7/19/00
  Minyobates spp. (see Dendrobates spp.)
  Nectophrynoides spp...................   African viviparous toads......  I.........................     7/1/75
  Phyllobates spp.......................   Poison arrow frogs............  II........................   10/22/87
  Rana hexadactyla......................   Asian bullfrog................  II........................     8/1/85
  R. tigerina...........................   Indian bullfrog...............  II........................     8/1/85
  Rheobatrachus spp.....................   Platypus frog.................  II........................     8/1/85
CLASS OSTEICHTHYES:                       BONY FISHES:
Order Ceratodontiformes                    Lungfishes:
 (=Ceratodiformes):
  Neoceratodus forsteri.................   Australian lungfish...........  II........................     7/1/75
Order Coelacanthiformes:                  Coelacanth:
  Latimeria spp. (except species below).   Coelacanth....................  I.........................    7/19/00
  Latimeria chalumnae...................   Gombessa coelacanth...........  I.........................     7/1/75
Order Acipenseriformes (all species        All Sturgeons and Paddlefish    II........................     4/1/98
 except those in App. I or with earlier    not listed below.
 date in App. II)
  Acipenser brevirostrum................   Short-nosed sturgeon..........  I.........................     7/1/75
  A. oxyrhynchus........................   Atlantic sturgeon.............  II........................     7/1/75
  A. sturio.............................   Baltic sturgeon...............  I.........................     7/1/75
  Polyodon spathula.....................   Paddlefish....................  II........................    6/11/92
Order Osteoglossiformes:                  Bonytongues:
  Arapaima gigas........................   Arapaima......................  II........................     7/1/75
  Scleropages formosus..................   Asian bonytongue..............  I.........................     7/1/75
Order Cypriniformes:
  Caecobarbus geertsi...................   African blind barb, Congo       II........................     6/6/81
                                           blind barb.
  Chasmistes cujus......................   Cui-ui........................  I.........................     7/1/75
  Probarbus jullieni....................   Ikan temolek, Pla eesok.......  I.........................     7/1/75
Order Siluriformes:                       Catfishes:
  Pangasianodon gigas...................   Thailand giant catfish........  I.........................     7/1/75
Order Perciformes:                        Perch-like fishes:
  Cynoscion macdonaldi..................   Totoaba.......................  I.........................     2/4/77
PHYLUM ARTHROPODA:                        ARTHROPODS:
CLASS Insecta:                            Insects:
  Bhutanitis spp........................   Bhutan glory swallowtails.....  II........................   10/22/87
  Ornithoptera spp. (all species except    All Birdwing butterflies not    II........................    2/16/79
   those in App. I or with earlier date    listed below.
   in App. II).
  O. alexandrae.........................   Queen Alexandra's birdwing      I.........................     2/4/77
                                           butterfly.
  O. allotei............................   Birdwing butterfly............  II........................     2/4/77
  O. chimaera...........................   Birdwing butterfly............  II........................     2/4/77
  O. goliath............................   Birdwing butterfly............  II........................     2/4/77
  O. meridionalis.......................   Birdwing butterfly............  II........................     2/4/77
  O. paradisea..........................   Paradise birdwing butterfly...  II........................     2/4/77
  O. victoriae..........................   Queen Victoria's birdwing       II........................     2/4/77
                                           butterfly.
  Papilio chikae........................   Luzon peacock swallowtail.....  I.........................   10/22/87
  P. homerus............................   Homerus swallowtail...........  I.........................   10/22/87
  P. hospiton...........................   Corsican swallowtail..........  I.........................   10/22/87
  Parnassius apollo.....................   Mountain apollo butterfly.....  II........................     2/4/77
  P. apollo apollo......................   Mountain apollo butterfly.....  II........................     7/1/75
  Teinopalpus spp.......................   Kaiser-I-Hind butterflies.....  II........................   10/22/87
  Trogonoptera spp......................   Birdwing butterflies..........  II........................    2/16/79
  Troides spp...........................   Birdwing butterflies..........  II........................    2/16/79
CLASS Arachnida:                          Arachnids:
  Brachypelma (=Euathlus) spp. (except     Red-kneed tarantulas..........  II........................    2/16/95
   species with earlier date in App. II).
  B. smithi.............................   Red-kneed tarantula...........  II........................     8/1/85
  Pandinus dictator.....................   Emperor scorpion..............  II........................    2/16/95
  P. gambiensis.........................   Emperor scorpion..............  II........................    2/16/95
  P. imperator..........................   Emperor scorpion..............  II........................    2/16/95

[[Page 141]]

 
PHYLUM ANNELIDA:                          ANNELID WORMS:
CLASS Hirudinea:                          Leeches:
Order Arhynchobdelliformes:               Rhynchobedellids:
  Hirudo medicinalis....................   Medicinal leech...............  II........................   10/22/87
PHYLUM MOLLUSCA:                          MOLLUSCS:
CLASS Pelecypoda (=Bivalvia):             Clams, Mussels:
  Conradilla caelata....................   Birdwing pearly mussel........  I.........................     7/1/75
  Cyprogenia aberti.....................   Edible pearly mussel..........  II........................     7/1/75
  Dromus dromas.........................   Dromedary pearly mussel.......  I.........................     7/1/75
  Epioblasma (=Dysnomia) curtisi (=E.      Curtis' pearly mussel.........  I.........................     7/1/75
   florentina curtisi).
  E. florentina (=E. florentina            Yellow-blossom pearly mussel..  I.........................     7/1/75
   florentina).
  E. sampsoni...........................   Sampson's pearly mussel.......  I.........................     7/1/75
  E. sulcata perobliqua.................   White cat's paw mussel........  I.........................     7/1/75
  E. torulosa gubernaculum..............   Green-blossom pearly mussel...  I.........................     7/1/75
  E. torulosa rangiana..................   Tan-blossom pearly mussel.....  II........................     7/1/75
  E. torulosa torulosa..................   Tuberculed-blossom pearly       I.........................     7/1/75
                                           mussel.
  E. turgidula..........................   Turgid-blossom pearly mussel..  I.........................     7/1/75
  E. walkeri............................   Brown-blossom pearly mussel...  I.........................     7/1/75
  Fusconaia cuneolus....................   Fine-rayed pigtoe mussel......  I.........................     7/1/75
  F. edgariana..........................   Shiny pigtoe mussel...........  I.........................     7/1/75
  Hippopus spp. (see Tridacnidae spp.)..
  Lampsilis higginsii...................   Higgin's eye mussel...........  I.........................     7/1/75
  L. orbiculata orbiculata..............   Pink mucket mussel............  I.........................     7/1/75
  L. satur..............................   Plain pocketbook mussel.......  I.........................     7/1/75
  L. virescens..........................   Alabama lamp pearly mussel....  I.........................     7/1/75
  Plethobasus cicatricosus..............   White wartyback mussel........  I.........................     7/1/75
  P. cooperianus........................   Orange-footed pimpleback        I.........................     7/1/75
                                           mussel.
  Pleurobema clava......................   Club pearly mussel............  II........................     7/1/75
  P. plenum.............................   Rough pigtoe mussel...........  I.........................     7/1/75
  Potamilus (=Proptera) capax...........   Fat pocketbook mussel.........  I.........................     7/1/75
  Quadrula intermedia...................   Cumberland monkey-face mussel.  I.........................     7/1/75
  Q. sparsa.............................   Appalachian monkey-face mussel  I.........................     7/1/75
  Toxolasma (=Carunculina) cylindrella..   Pale lilliput pearly mussel...  I.........................     7/1/75
  Tridacna derasa.......................   Giant clam....................  II........................    5/29/83
  T. gigas..............................   Giant clam....................  II........................    5/29/83
  Tridacnidae spp. (includes all species   Giant clams...................  II........................     8/1/85
   in genera Hippopus and Tridacna
   except those with earlier date in
   App. II).
  Unio (=Megalonaias) nickliniana.......   Nicklin's pearly mussel.......  I.........................     7/1/75
  U. (=Lampsilis or Cyrtonaias)            Tampico pearly mussel.........  I.........................     7/1/75
   tampicoensis tecomatensis.
  Villosa (=Micromya) trabalis..........   Cumberland bean mussel........  I.........................     7/1/75
CLASS Gastropoda:                         Snails:
  Achatinella spp.......................   Oahu tree snails..............  I.........................   10/22/87
  Papustyla (=Papuina) pulcherrima......   Manus Island tree snail.......  II........................     7/1/75
  Strombus gigas........................   Queen conch...................  II........................    6/11/92
PHYLUM CNIDARIA (=COELENTERATA):          CORAL-LIKE ANIMALS:
CLASS Anthozoa:                           Corals, Sea anemones:
Order Coenothecalia:
  All species in the Order (except those  ...............................  II........................    1/18/90
   in genus with earlier date).
  Heliopora spp.........................   Blue corals...................  II........................     8/1/85
Order Stolonifera:
  Tubiporidae spp. (all species in        ...............................  II........................    1/18/90
   family except genus with earlier
   date).
  Tubipora spp..........................   Organ-pipe corals.............  II........................     8/1/85
Order Antipatharia:                        Black corals:
  All species in the Order..............  ...............................  II........................     6/6/81
Order Scleractinia:                       Stony corals:
  All species in the Order (except the    ...............................  II........................    1/18/90
   following genera with earlier date).
  Acropora spp..........................   Staghorn corals...............  II........................     8/1/85
  Euphyllia spp.........................   Trumpet corals................  II........................     8/1/85
  Favia spp.............................   Brain corals..................  II........................     8/1/85
  Fungia spp............................   Mushroom corals...............  II........................     8/1/85
  Halomitra spp.........................   Bowl corals...................  II........................     8/1/85
  Lobophyllia spp.......................   Brain corals..................  II........................     8/1/85
  Merulina spp..........................   Merulinas.....................  II........................     8/1/85
  Pavona spp............................   Cactus corals.................  II........................     8/1/85
  Pectinia spp..........................   Lettuce corals................  II........................     8/1/85
  Platygyra spp.........................   Brain corals..................  II........................     8/1/85

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  Pocillopora spp.......................   Brush corals..................  II........................     8/1/85
  Polyphyllia spp.......................   Feather corals................  II........................     8/1/85
  Seriatopora spp.......................   Birds nest corals.............  II........................     8/1/85
  Stylophora spp........................   Cauliflower corals............  II........................     8/1/85
CLASS Hydrozoa:                           Sea ferns, Fire corals,
                                           Stinging medusae:
Order Milleporina (=Athecata):
  Milleporidae spp. (all species in       ...............................  II........................    1/18/90
   family except genus with earlier
   date).
  Millepora spp.........................   Fire corals...................  II........................     8/1/85
Order Stylasterina:
  Stylasteridae spp. (all species in      ...............................  II........................    1/18/90
   family)..
 
PLANT KINGDOM (note general exclusions    PLANTS:
 and exceptions in introductory text):
Family Agavaceae:                         Agave family:
  Agave arizonica.......................   New River agave...............  I.........................    7/29/83
  A. parviflora.........................   Santa Cruz striped agave......  I.........................    7/29/83
  A. victoriae-reginae (=A. ferninandi-    Queen Victoria agave..........  II........................    7/29/83
   regis).
  Nolina interrata......................   Dehesa bear-grass.............  I.........................    7/29/83
Family Amaryllidaceae:                    Amaryllis family:
  Galanthus spp. (and their natural        Snowdrops.....................  II........................    1/18/90
   hybrids).
  Sternbergia spp.......................   Sternbergias..................  II........................    1/18/90
Family Apocynaceae:                       Dogbane family:
  Pachypodium spp. (except species         Pachypodiums..................  II........................     7/1/75
   listed in App. I).
  P. ambongense (and its natural          ...............................  I.........................     7/1/75
   hybrids).
  P. baronii (and its natural hybrids)..  ...............................  I.........................     7/1/75
  P. brevicaule (and its natural          ...............................  II........................     7/1/75
   hybrids).
  P. decaryi (and its natural hybrids)..  ...............................  I.........................     7/1/75
  Rauvolfia serpentina (except chemical    Snake-root devil-pepper.......  II........................    1/18/90
   derivatives and finished
   pharmaceutical products).
Family Araliaceae:                        Ginseng family:
  Panax ginseng [population of Russia]     Ginseng.......................  II........................    7/19/00
   (whole and sliced roots and parts of
   roots, excluding manufactured parts
   or derivatives such as powders,
   pills, extracts, tonics, teas, and
   confectionery).
  Panax quinquefolius (whole and sliced    American ginseng..............  II........................     7/1/75
   roots and parts of roots, excluding
   manufactured parts or derivatives
   such as powders, pills, extracts,
   tonics, teas, and confectionery)..
Family Araucariaceae:                     Monkey-puzzle tree family:
  Araucaria araucana....................   Monkey-puzzle tree............  I.........................     7/1/75
Family Berberidaceae:                     Barberry family:
  Podophyllum hexandrum (=P. emodi,        Himalayan may-apple...........  II........................    1/18/90
   =Sinopodophyllum hexandrum) (except
   chemical derivatives and finished
   pharmaceutical products).
Family Bromeliaceae:                      Pineapple family:
  Tillandsia harrisii...................   Harris tillandsia.............  II........................    6/11/92
  T. kammii.............................   Kamm tillandsia...............  II........................    6/11/92
  T. kautskyi...........................   Kautsky tillandsia............  II........................    6/11/92
  T. mauryana...........................   Maury tillandsia..............  II........................    6/11/92
  T. sprengeliana.......................   Sprengel tillandsia...........  II........................    6/11/92
  T. sucrei.............................   Sucre tillandsia..............  II........................    6/11/92
  T. xerographica.......................   Xerographic tillandsia........  II........................    6/11/92
Family Cactaceae (note general             Cactus family:
 exclusions and exceptions in the
 introductory text):
  All species except those in App. I,      Cacti.........................  II........................     7/1/75
   and except artificially propagated
   specimens of the following hybrids
   and/or cultivars: (1)
   Hatioraxgraeseri (=H. gaertnerixH.
   rosea); (2) Schlumbergera
   (=Zygocactus) truncata cultivars and
   its hybrids with S. opuntoides
   (=S.xexotica),S. orssichiana, and S.
   russelliana (=S.xbuckleyi); (3)
   Gymnocalycium mihanovichii cultivars
   lacking chlorophyll, grafted on
   Hatiora `Jusbertii', Hylocereus
   trigonus or H. undatus; and (4)
   Opuntia microdasys.
  Ariocarpus spp. (includes Neogomesia     Living-rock cacti.............  I.........................     7/1/75
   sp. and Roseocactus spp.).
  Astrophytum (=Echinocactus) asterias..   Sea-urchin cactus, Star cactus  I.........................     7/1/75
  Aztekium ritteri......................   Aztec cactus..................  I.........................     7/1/75

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  Coryphantha (other than C.
   werdermannii) (see Escobaria).
  C. werdermannii (=C. densispina;         Jabali pincushion cactus......  I.........................     7/1/75
   Mammillaria w.).
  Discocactus spp.......................   Discocacti....................  I.........................     7/1/75
  Echinocereus ferreirianus var.           Lindsay's hedgehog cactus.....  I.........................     7/1/75
   lindsayi (=E. lindsayi).
  E. (=Cereus, =Wilcoxia) schmollii.....   Lamb's-tail cactus............  I.........................     7/1/75
  Escobaria leei (=E. sneedii var. leei)   Lee pincushion cactus.........  I.........................     7/1/75
  E. minima (=Coryphantha m., not          Nellie's corycactus...........  I.........................     7/1/75
   Mammillaria m.; =C. nelliae, E. n.,
   =Mammillaria n.).
  E. sneedii, including E. s. var. leei    Sneed pincushion cactus.......  I.........................     7/1/75
   (=Coryphantha s. var. l., =E. leei,
   =Mammillaria l.) and E. s. var.
   sneedii (=Coryphantha s.,
   =Mammillaria s.).
  Mammillaria pectinifera (=Solisia        Conchilinque..................  I.........................     7/1/75
   pectinata).
  M. solisioides........................   Pitayita......................  I.........................     7/1/75
  Melocactus conoideus..................   Conelike Turk's-cap cactus....  I.........................     7/1/75
  M. deinacanthus.......................   Wonderfully bristled Turk's-    I.........................     7/1/75
                                           cap cactus.
  M. glaucescens........................   Wooly waxy-stemmed Turk's-cap   I.........................     7/1/75
                                           cactus.
  M. paucispinus........................   Few-spined Turk's-cap cactus..  I.........................     7/1/75
  Obregonia denegrii....................   Artichoke cactus..............  I.........................     7/1/75
  Pachycereus militaris (=Backebergia      Teddy-bear cactus, Military     I.........................     7/1/75
   m., =Cephalocereus m., =Mitrocereus     cap.
   m., =Pachycereus chrysomallus).
  Pediocactus (=Toumeya) bradyi.........   Brady pincushion cactus.......  I.........................     7/1/75
  P. despainii..........................   San Rafael cactus.............  I.........................     7/1/75
  P. knowltonii (=P. bradyi var. k.,       Knowlton cactus...............  I.........................     7/1/75
   =Toumeya k.).
  P. paradinei (=Pilocanthus p.)........   Houserock Valley cactus.......  I.........................     7/1/75
  P. peeblesianus, including P. p. var.    Fickeisen Navajo cactus,        I.........................     7/1/75
   fickeiseniae (=Navajoa f., =Toumeya     Peebles Navajo cactus.
   f.) and P. p. var. peeblesianus
   (=Echinocactus p., =Navajoa p.,
   =Toumeya p., =Utahia p.).
  P. sileri (=Echinocactus s., =Utahia     Siler pincushion cactus.......  I.........................     7/1/75
   s.).
  P. winkleri...........................   Winkler pincushion cactus.....  I.........................     7/1/75
  Pelecyphora (=Encephalocarpus) spp....   Hatchet cactus, Pinecone        I.........................     7/1/75
                                           cactus, Peyotillo.
  Sclerocactus brevihamatus subsp.         Tobusch fishhook cactus.......  I.........................     7/1/75
   tobuschii (=Ancistrocactus t.,
   =Echinocactus t., =Ferocactus t.,
   =Mammillaria t.).
  S. erectocentrus (=Echinocactus e.,      Redspine fishhook cactus......  I.........................     7/1/75
   =Echinomastus e., =Neolloydia e.,
   =Thelocactus e.; =Echinomastus
   acunensis, =Echinomastus e. var a.,
   =Neolloydia e. var a.; =Echinocactus
   krausei, =Echinomastus k.).
  S. glaucus (=S. franklinii;              Uinta Basin hookless cactus...  I.........................     7/1/75
   =Echinocactus g., =Ferocactus g.,
   =Pediocactus g., =S. whipplei var.
   g.; =E. subglaucus; =S. wetlandicus;
   =S. w. var. ilseae).
  S. (=Echinomastus, =Neolloydia)          Mariposa cactus...............  I.........................     7/1/75
   mariposensis.
  S. mesae-verdae.......................   Mesa Verde cactus.............  I.........................     7/1/75
  S. papyracanthus (=Echinocactus p.,      Grama-grass cactus............  I.........................     7/1/75
   =Mammillaria p., =Pediocactus p.,
   =Toumeya p.).
  S. pubispinus.........................   Great Basin fishhook cactus...  I.........................     7/1/75
  S. wrightiae..........................   Wright's fishhook cactus......  I.........................     7/1/75
  Strombocactus spp. (=S. disciformis in   Disc cactus, Top cactus.......  I.........................     7/1/75
   broad sense).
  Turbinicarpus spp. (includes             Turbinicarps..................  I.........................     7/1/75
   Gymnocactus spp., most Neolloydiaspp.
   [in sense of E.F. Anderson 1986],
   Normanbokea spp., and Rapicactusspp.).
  Uebelmannia spp.......................   Uebelmann cacti...............  I.........................     7/1/75
Family Caryocaraceae:                     Souari family:
  Caryocar costaricense.................   Ajo...........................  II........................     7/1/75
Family Compositae (=Asteraceae):          Aster family:
  Saussurea costus (=S. lappa)..........   Costus, Kuth root.............  I.........................     7/1/75
Family Crassulaceae:                      Stonecrop family:
  Dudleya stolonifera...................   Laguna Beach dudleya..........  II........................    7/29/83
  D. traskiae...........................   Santa Barbara Island dudleya..  I.........................    7/29/83
Family Cupressaceae:                      Cypress family:
  Fitz-roya cupressoides................   Fitzroya, Alerce..............  I.........................     7/1/75
  Pilgerodendron uviferum...............   Pilgerodendron................  I.........................     7/1/75
Family Cyatheaceae:                       Tree-fern family:
  Alsophila spp. (see Cyathea spp.)

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  Cyathea spp. (includes Alsophila spp.,  ...............................  II........................     2/4/77
   Nephelea spp., Sphaeropteris spp.,
   Trichipteris spp.).
  Cyathea (=Hemitelia) capensis.........  ...............................  II........................     7/1/75
  C. dredgei............................  ...............................  II........................     7/1/75
  C. mexicana...........................  ...............................  II........................     7/1/75
  C. (=Alsophila) salvini...............  ...............................  II........................     7/1/75
  Nephelea spp. (see Cyathea spp.)
  Sphaeropteris spp. (see Cyathea spp.)
  Trichipteris spp. (see Cyathea spp.)
Family Cycadaceae:                        Old World cycad family (see
                                           families Stangeriaceae and
                                           Zamiaceae for other cycads):
  All species in the family except         Cycads........................  II........................     2/4/77
   species in App. I.
  Cycas beddomei........................   Beddome cycad.................  I.........................     2/4/77
Family Diapensiaceae:                     Diapensia family:
  Shortia galacifolia...................   Oconee bells..................  II........................    7/29/83
Family Dicksoniaceae:                     Tree-fern family:
  Cibotium barometz.....................  ...............................  II........................     2/4/77
  Dicksonia spp. (the Americas only)....  ...............................  II........................     2/4/77
Family Didiereaceae:                      Alluaudia family:
  All species in the family.............   Alluaudia.....................  II........................     2/4/77
Family Dioscoreaceae:                     Yam family:
  Dioscorea deltoidea...................   Kniss, Kurta..................  II........................     7/1/75
Family Droseraceae:                       Sundew family:
  Dionaea muscipula.....................   Venus flytrap.................  II........................    6/11/92
Family Euphorbiaceae:                     Spurge family:
  Euphorbia spp., except those species     Euphorbias....................  II........................     7/1/75
   in App. I, and excluding non-
   succulent species and artificially
   propagated specimens of Euphorbia
   trigona cultivars.
  E. subgenus Lacanthis dwarf species in  Malagasy dwarf euphorbias as
   Madagascar and their natural hybrids    shown:
   as given below:
  E. ambovombensis (and its natural       ...............................  I.........................     7/1/75
   hybrids).
  E. capsaintemariensis (= E. decaryi     ...............................  I.........................     7/1/75
   var. c.) (and its natural hybrids).
  E. cremersii..........................  ...............................  I.........................     7/1/75
  E. cylindrifolia (including subsp.      ...............................  I.........................     7/1/75
   tuberifera) (and its natural hybrids).
  E. decaryi (and its natural hybrids)    ...............................  I.........................     7/1/75
   (see also E. capsaintemariensis,
   formerly included in E. decaryi).
  E. francoisii (and its natural          ...............................  I.........................     7/1/75
   hybrids).
  E. moratii (and its natural hybrids)..  ...............................  I.........................     7/1/75
  E. parvicyathophora (and its natural    ...............................  I.........................     7/1/75
   hybrids).
  E. quartziticola (and its natural       ...............................  I.........................     7/1/75
   hybrids).
  E. tulearensis (= E.                    ...............................  I.........................     7/1/75
   capsaintemariensis var. tulearensis)
   (and its natural hybrids).
Family Fouquieriaceae:                    Ocotillo family:
  Fouquieria columnaris.................   Boojum tree...................  II........................    7/29/83
  F. fasciculata........................   Arbol del barril..............  I.........................    7/29/83
  F. purpusii...........................  ...............................  I.........................    7/29/83
Family Gnetaceae:                         Gnetum family:
  Gnetum montanum.......................  ...............................  III (Nepal)...............   11/16/75
Family Juglandaceae:                      Walnut family:
  Oreomunnea (=Engelhardia) pterocarpa..   Gavil[atilde]n................  II........................     7/1/75
Family Leguminosae (=Fabaceae):           Pea family:
  Dalbergia nigra.......................   Brazilian rosewood............  I.........................    6/11/92
  Pericopsis elata (including logs, sawn   Afrormosia....................  II........................    6/11/92
   wood, and veneer sheets, but not
   other parts or derivatives).
  Platymiscium pleiostachyum............   Cristobal, Granadillo.........  II........................     7/1/75
  Pterocarpus santalinus (only logs,       Red sandalwood, Redsanders....  II........................    2/16/95
   wood-chips, and unprocessed broken
   material).
Family Liliaceae:                         Lily family:
  Aloe spp. (all except those in App. I,   Aloes.........................  II........................     7/1/75
   and excluding A. vera [=A.
   barbadensis] except A. vera var.
   chinensis).
  A. albida.............................  ...............................  I.........................     7/1/75
  A. albiflora..........................  ...............................  I.........................     7/1/75
  A. alfredii...........................  ...............................  I.........................     7/1/75
  A. bakeri.............................  ...............................  I.........................     7/1/75
  A. bellatula..........................  ...............................  I.........................     7/1/75
  A. calcairophila......................  ...............................  I.........................     7/1/75

[[Page 145]]

 
  A. compressa (incl. var. rugosquamosa,  ...............................  I.........................     7/1/75
   var.schistophila).
  A. delphinensis.......................  ...............................  I.........................     7/1/75
  A. descoingsii........................  ...............................  I.........................     7/1/75
  A. fragilis...........................  ...............................  I.........................     7/1/75
  A. haworthioides (incl. var.            ...............................  I.........................     7/1/75
   aurantiaca).
  A. helenae............................  ...............................  I.........................     7/1/75
  A. laeta (incl. var. maniensis).......  ...............................  I.........................     7/1/75
  A. parallelifolia.....................  ...............................  I.........................     7/1/75
  A. parvula............................  ...............................  I.........................     7/1/75
  A. pillansii..........................   Boomaalwyn....................  I.........................     7/1/75
  A. polyphylla.........................   Spiral aloe...................  I.........................     7/1/75
  A. rauhii.............................  ...............................  I.........................     7/1/75
  A. suzannae...........................  ...............................  I.........................     7/1/75
  A. thorncroftii.......................  ...............................  I.........................     7/1/75
  A. versicolor.........................  ...............................  I.........................     7/1/75
  A. vossii.............................  ...............................  I.........................     7/1/75
Family Magnoliaceae:                      Magnolia family:
  Magnolia (=Talauma) hodgsonii.........  ...............................  III (Nepal)...............   11/16/75
Family Meliaceae:                         Mahogany family:
  Swietenia humilis.....................   Pacific coast mahogany........  II........................     7/1/75
  S. macrophylla (populations in the       Bigleaf mahogany..............  III (Bolivia, Brazil,        11/16/95
   Americas, including logs, sawn wood,                                     Costa Rica, Mexico).
   and veneer sheets, but not other
   parts or derivatives).
  S. mahagoni (including logs, sawn        Caribbean mahogany............  II........................    6/11/92
   wood, and veneer sheets, but not
   other parts or derivatives).
Family Nepenthaceae:                      Old World pitcher-plant family:
  Nepenthes spp. (all species except       Tropical pitcher plants.......  II........................   10/22/87
   those in App. I).
  N. khasiana...........................   Indian tropical pitcher plant.  I.........................   10/22/87
  N. rajah..............................   Giant tropical pitcher plant..  I.........................     6/6/81
Family Orchidaceae (= Apostasiaceae,      Orchid family:
 Cypripediaceae) (note general
 exclusions and exceptions in
 introductory text):
  All species except those in App. I....   Orchids.......................  II........................     7/1/75
  Cattleya trianae......................   Christmas orchid..............  I.........................     7/1/75
  Dendrobium cruentum...................  ...............................  I.........................     7/1/75
  Laelia jongheana......................  ...............................  I.........................     7/1/75
  L. lobata.............................  ...............................  I.........................     7/1/75
  Paphiopedilum spp.....................   Asian tropical lady's slippers  I.........................     7/1/75
  Peristeria elata......................   Holy Ghost, Dove orchid.......  I.........................     7/1/75
  Phragmipedium spp. (includes             New World tropical lady's       I.........................     7/1/75
   Mexipedium sp.).                        slippers.
  Renanthera imschootiana...............  ...............................  I.........................     7/1/75
  Vanda coerulea........................   Blue vanda....................  I.........................     7/1/75
Family Orobanchaceae:                     Broomrape family:
  Cistanche deserticola.................   Desert cistanche..............  II........................    7/19/00
Family Palmae (=Arecaceae):               Palm family:
  Chrysalidocarpus decipiens............  ...............................  II........................     2/4/77
  Neodypsis decaryi.....................   Triangle palm.................  II........................     7/1/75
Family Papaveraceae:                      Poppy family:
  Meconopsis regia......................  ...............................  III (Nepal)...............   11/16/75
Family Pinaceae:                          Pine family:
  Abies guatemalensis...................   Guatemalan fir................  I.........................     7/1/75
Family Podocarpaceae:                     Podocarp family:
  Podocarpus neriifolius................  ...............................  III (Nepal)...............   11/16/75
  P. parlatorei.........................   Parlatore's podocarp,           I.........................     7/1/75
                                           Monteromero.
Family Podophyllaceae (see
 Berberidaceae)
Family Portulacaceae:                     Portulaca family:
  Anacampseros spp. (including A. [=      ...............................  II........................     7/1/75
   Grahamia]australiana, A. [=G.]
   kurtzii).
  Avonia spp. (formerly a part of         ...............................  II........................     7/1/75
   Anacampseros spp.).
  Lewisia maguirei......................   Maguire's lewisia.............  II........................    7/29/83
  L. serrata............................   Saw-toothed lewisia...........  II........................    7/29/83
Family Primulaceae:                       Primrose family:
  Cyclamen spp., excluding artificially    Cyclamens.....................  II........................     7/1/75
   propagated specimens of the cultivars
   of Cyclamen persicum (except when
   traded as dormant tubers).
Family Proteaceae:                        Protea family:
  Orothamnus zeyheri....................   Marsh-rose....................  II........................     7/1/75
  Protea odorata........................   Ground-rose...................  II........................     7/1/75
Family Ranunculaceae:                     Buttercup family:
  Adonis vernalis.......................   Spring adonis.................  II........................    7/19/00

[[Page 146]]

 
  Hydrastis canadensis (whole and sliced   Goldenseal....................  II........................    9/18/97
   roots and parts of roots, excluding
   manufactured parts or derivatives
   such as powders, pills, extracts,
   tonics, teas, and confectionery).
Family Rosaceae:                          Rose family:
  Prunus africana.......................   African cherry................  II........................    2/16/95
Family Rubiaceae:                         Coffee family:
  Balmea stormiae.......................   Ayuque........................  I.........................     7/1/75
Family Sarraceniaceae:                    New World pitcher-plant family:
  Sarracenia spp. (all species and         Trumpet pitcher plants........  II........................   10/22/87
   natural hybrids except species in
   App. I).
  S. alabamensis subsp. alabamensis (=S.   Alabama canebrake pitcher       I.........................     6/6/81
   rubra subsp. alabamensis).              plant.
  S. jonesii (=S. rubra subsp. jonesii).   Mountain sweet pitcher plant..  I.........................     6/6/81
  S. oreophila..........................   Green pitcher plant...........  I.........................     6/6/81
Family Scrophulariaceae:                  Figwort family:
  Picrorhiza kurrooa (whole and sliced     Kutki.........................  II........................    9/18/97
   roots and parts of roots, excluding
   manufactured parts or derivatives
   such as powders, pills, extracts,
   tonics, teas, and confectionery).
Family Stangeriaceae:                     Stangeria family:
  Bowenia spp. (formerly in Zamiaceae)..   Bipinnate cycads..............  II........................     2/4/77
  Stangeria eriopus (=S. paradoxa)......   Stangeria, Fern-leafed cycad..  I.........................     7/1/75
Family Taxaceae:                          Yew family:
  Taxus wallichiana (=T. baccata subs.     Himalayan yew.................  II........................    2/16/95
   wallichiana) (except chemical
   derivatives and finished
   pharmaceutical products).
Family Tetracentraceae:                   Tetracentron family:
  Tetracentron sinense..................   Tetracentron..................  III (Nepal)...............   11/16/75
Family Thymelaeaceae (=Aquilariaceae):    Mezereon family:
  Aquilaria malaccensis.................   Agarwood, Aloewood............  II........................    2/16/95
Family Valerianaceae:                     Valerian family:
  Nardostachys grandiflora                 Himalayan nard or spikenard...  II........................    9/18/97
   (=Nardostachys jatamansi misapplied)
   (whole and sliced roots and parts of
   roots, excluding manufactured parts
   or derivatives such as powders,
   pills, extracts, tonics, teas, and
   confectionery).
Family Welwitschiaceae:                   Welwitschia family:
  Welwitschia mirabilis (=W. bainesii)..   Welwitschia...................  II........................     7/1/75
Family Zamiaceae:                         Cycad family:
  All species except those in App. I....  ...............................  II........................     2/4/77
  Ceratozamia spp.......................   Ceratozamias, Horncones.......  I.........................     2/4/77
  Chigua spp............................  ...............................  I.........................     2/4/77
  Encephalartos spp.....................   Bread palms, African cycads...  I.........................     7/1/75
  Microcycas calocoma...................   Palma corcho, Microcycas......  I.........................     7/1/75
Family Zingiberaceae:                     Ginger family:
  Hedychium philippinense...............   Philippine garland flower.....  II........................     7/1/75
Family Zygophyllaceae:                    Cresote-bush family:
  Guaiacum officinale...................   Commoner lignum vitae.........  II........................    6/11/92
  G. sanctum............................   Holywood lignum vitae.........  II........................     7/1/75
----------------------------------------------------------------------------------------------------------------


[60 FR 52450, Oct. 6, 1995, as amended at 61 FR 6795, Feb. 22, 1996; 63 
FR 26740, May 14, 1998; 63 FR 58327, Oct. 30, 1998; 63 FR 63212, 63214, 
Nov. 12, 1998; 64 FR 31991, June 15, 1999; 66 FR 27610, May 18, 2001; 70 
FR 74711, Dec. 16, 2005]

[[Page 147]]



    Subpart D_Public Participation in the Development of Negotiating 

     Positions for Meetings of the Conference of the Parties to the 

Convention on International Trade in Endangered Species of Wild Fauna 

                 and Flora; Federal Agency Consultation

    Source: 45 FR 83238, Dec. 18, 1980, unless otherwise noted.



Sec. 23.31  Purpose of regulations.

    The regulation contained in this subpart sets out procedures for 
participation of the public and consultation with appropriate Federal 
agencies in the Service's process of developing negotiating positions to 
be used by the representative of the United States to meetings of the 
Conference of the Parties to the Convention provided for by Article XI 
of the Convention.



Sec. 23.32  Notice of meeting of Conference of the Parties to the Convention.

    (a) Upon receipt of a notice of a meeting to the Conference of the 
Parties to the Convention, the director shall publish in the Federal 
Register a notice setting forth the time and place of the meeting, and 
the proposed agenda, and inviting the public to comment and provide 
information on agenda items including, when appropriate, suggestions for 
additional agenda items.
    (b) Upon receipt from the CITES Secretariat of a notice of 
additional agenda items, the Director shall publish in the Federal 
Register a notice inviting the public to comment and provide information 
on such items.



Sec. 23.33  Notice of proposed negotiating positions.

    Subsequent to the comment period of the notice of meeting of the 
Conference of the Parties to the Convention, the Director shall publish 
in the Federal Register a notice of proposed negotiating positions 
setting forth a summary of the information and comments received in 
response to any of the notices mentioned in Sec. 23.33, the negotiating 
positions which the Service proposes to use at the meetings of the 
Conference of the Parties to the Convention, and the basis thereof, and 
inviting information and comments on the proposed negotiating positions. 
The notice will also set forth the time and place of at least one public 
meeting to provide information and comments on the proposed negotiating 
positions of the Service.



Sec. 23.34  Public meetings.

    The Service shall hold at least one public meeting to enable 
interested persons to provide information and comments on the proposed 
agenda and at least one such public meeting on the proposed negotiating 
positions of the Service. Written statements may be submitted to the 
Service before and at the meeting. Appointments to speak at the meetings 
may be made with the Federal Wildlife Permit Office, Washington, DC 
20240 (703/235-2418). Participants without prior appointments will be 
given an opportunity to speak to the extent time allows following 
speakers with appointments.



Sec. 23.35  Notice of negotiating positions.

    Subsequent to the comment period of the notice of proposed 
negotiating positions, and after all associated public meetings have 
been held, the Director shall publish in the Federal Register a notice 
setting forth (a) a summary of the information and comments received in 
response to the notice of proposed negotiationg positions, (b) a summary 
of negotiating positions of the Service to be used by the representative 
of the United States to the meeting of the Conference of the Parties to 
the Convention, and (c) the basis of such negotiating positions.



Sec. 23.36  Schedule of public meetings and notices.

    The Director shall publish in the Federal Register a schedule, 
subject to change and modification, of all public meetings and notices 
related to preparation of negotiating positions for meetings of the 
Conference of the Parties to the Convention.

[[Page 148]]



Sec. 23.37  Federal agency consultation.

    The Service shall consult with appropriate Federal agencies in the 
development of negotiating positions.



Sec. 23.38  Modifications of procedures and negotiating positions.

    (a) Any of the procedures in Sec. Sec. 23.32 through 23.36 may be 
modified or suspended by the Director on notice published in the Federal 
Register where to follow the procedures would interfere with the timely 
or appropriate development of negotiating positions.
    (b) Any of the negotiating positions set forth in a notice of 
negotiating positions may be modified, reversed or abandoned by the 
United States representative to a meeting of the Conference of the 
Parties to the Convention where to do so would be in the best interests 
of the United States.



Sec. 23.39  Notice of availability of official report.

    After any meeting of the Conference of the Parties to the Convention 
attended by a United States representative, the Service shall publish a 
notice of availability of the official report of such representative and 
set forth how and where copies of such report can be obtained.

Subpart E--Scientific Authority Advice [Reserved]



                   Subpart F_Export of Certain Species

    Source: 45 FR 80446, Dec. 4, 1980, unless otherwise noted.



Sec. 23.51  American ginseng (Panax quinquefolius).

    State populations for which the export of the indicated season's 
harvest may be permitted under Sec. 23.15 of this part:
    (a) 1978 Harvest: Arkansas, Georgia, Illinois, Indiana, Iowa, 
Kentucky, Maryland, Michigan, Minnesota, Missouri, New York, North 
Carolina, Pennsylvania, Tennessee, Virginia, West Virginia, and 
Wisconsin.

    Conditions on findings: Roots must be documented as to state of 
origin and season of collecting.
    For further information see: 43 FR 29469, July 7, 1978; 43 FR 35013, 
Aug. 7, 1978; 43 FR 36293, Aug. 16, 1978; and 43 FR 39305, Sept. 1, 
1978.

    (b) 1979 Harvest: Arkansas, Georgia, Illinois, Iowa, Kentucky, 
Maryland, Minnesota, Missouri, North Carolina, Ohio, Tennessee, 
Virginia, West Virginia, and Wisconsin.

    Conditions on findings: Roots must be documented as to state of 
origin and season of collecting. Wild roots must be certified by the 
state as legally collected. For further information see: 44 FR 25384, 
Apr. 30, 1979; 44 FR 3107, June 1, 1979; and 44 FR 47912, Aug. 15, 1979.

    (c) 1980 Harvest: Arkansas, Georgia, Illinois, Indiana, Iowa, 
Kentucky, Maryland, Minnesota, Missouri, New York, North Carolina, Ohio, 
Tennessee, Virginia, West Virginia, and Wisconsin.

    Conditions on findings: Roots must be documented as to state or 
origin and season of collecting. Wild and cultivated roots must be 
certified by the state as legally collected, and such certification must 
be presented upon export.

    (d) 1981 Harvest: Arkansas, Georgia, Illinois, Indiana, Iowa, 
Kentucky, Maryland, Minnesota, Missouri, North Carolina, Ohio, 
Tennessee, Vermont (artificially propagated ginseng only), Virginia, 
West Virginia, Wisconsin.

    Condition on findings: Roots must be documented as to state of 
origin and season of collecting. Wild and cultivated roots must be 
certified by the state as legally collected and such certification must 
be presented upon export. Vermont is approved for export of artificially 
propagated ginseng roots only.

    (e)(1) 1982-1993 harvests (wild and cultivated roots for each year 
unless noted).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   Harvest years
                          State                          -----------------------------------------------------------------------------------------------
                                                           1982    1983    1984    1985    1986    1987    1988    1989    1990    1991    1992    1993
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama.................................................     --      --      --      --      --      --       X       X       X       X       X       X
Arkansas................................................      X       X       X       X       X       X       X       X       X       X       X       X
Georgia.................................................      X       X       X       X       X       X       X       X       X       X       X       X
Illinois................................................      X       X       X       X       X       X       X       X       X       X       X       X

[[Page 149]]

 
Indiana.................................................      X       X       X       X       X       X       X       X       X       X       X       X
Iowa....................................................      X       X       X       X       X       X       X       X       X       X       X       X
Kentucky................................................      X       X       X       X       X       X       X       X       X       X       X       X
Maryland................................................      X       X       X       X       X       X       X       X       X       X       X       X
Minnesota...............................................      X       X       X       X       X       X       X       X       X       X       X       X
Missouri................................................      X       X       X       X       X       X       X       X       X       X       X       X
New York................................................     --      --      --      --      --      --       X       X       X       X       X       X
North Carolina..........................................      X       X       X       X       X       X       X       X       X       X       X       X
Ohio....................................................      X       X       X       X       X       X       X       X       X       X       X       X
Pennsylvania............................................     --      --      --      --      --      --       X       X       X       X       X       X
Tennessee...............................................      X       X       X       X       X       X       X       X       X       X       X       X
Vermont.................................................      X       X       X       X       X       X       X       X       X       X       X       X
Virginia................................................      X       X       X       X       X       X       X       X       X       X       X       X
West Virginia...........................................      X       X       X       X       X       X       X       X       X       X       X       X
Wisconsin...............................................      X       X       X       X       X       X       X       X       X       X       X      X
--------------------------------------------------------------------------------------------------------------------------------------------------------
X: Export approval granted for wild and cultivated ginseng harvested in State indicated.
--: Export not requested or not granted.
a: Export approval only for artificially propagated (cultivated) ginseng harvested in State indicated.

    (2) Conditions on export: All plants and roots must be documented as 
to State of origin, season of collection, and dry or green (fresh) 
weight. The State must certify whether roots and plants originated in 
that State, are wild or cultivated (artificially propagated) specimens, 
and were legally obtained in a particular season. Such State 
certification, a current Federal export document, an executed dealer or 
exporter's invoice, and the ginseng must be presented upon export. All 
other export procedures must be followed as described by the Service in 
this rule. The State must maintain ginseng management and harvest 
programs, as described by the Service in this rule, and annual ginseng 
program data for the preceding harvest season should be available to the 
Office of Management Authority by May 31 of each year. Export procedures 
must be completed as outlined and discussed in this paragraph.

    Note. American ginseng purchased from non-export approved States by 
State-registered ginseng dealers for domestic use and commerce must be 
reported to the State of registration, along with all other ginseng 
commerce. Such ginseng is not eligible for export from the United States 
and must be dealer-maintained physically separated from that ginseng 
eligible for export from this country so that there is no chance of 
intermingling the specimens.

[45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 49 
FR 34023, Aug. 24, 1984; 50 FR 39696, Sept. 30, 1985; 50 FR 42027, Oct. 
17, 1985; 53 FR 33819, Sept. 1, 1988; 56 FR 41810, Aug. 23, 1991; 63 FR 
63212, Nov. 12, 1998]



Sec. 23.52  Bobcat (Lynx rufus).

    States for which the export of the indicated season's harvest may be 
permitted under Sec. 23.15 of this part:
    (a) States and Harvest Seasons Approved for Export of Bobcat From 
the United States.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       1983 and    1987 and    1988 and
                                                1977-78     1978-79     1979-80     1980-81     1981-82     1982-83   subsequent  subsequent  subsequent
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama.....................................          +           +           +           +           +           +           +           +           +
Arizona.....................................          +           +           +           +           +           +           +           +           +
Arkansas....................................          +           +           +           +           +           +           +           +           +
California..................................          +           +           +           +           +           +           +           +           +
Colorado....................................          +           +           +           +           +           +           +           +           +
Florida.....................................          +           +           E           +           +           +           +           +           +
Georgia.....................................          +           +           +           +           +           +           +           +           +
Idaho.......................................          +           +           +           +           +           +           +           +           +
Kansas......................................          +           +           +           +           +           +           +           +           +
Kentucky....................................          -           -           -           -           -           -           -           +           +
Klamath Tribe...............................          -           -           -           -           +           +           +           +           +
Louisiana...................................          +           +           +           +           +           +           +           +           +
Maine.......................................          +           +           +           +           +           +           +           +           +
Massachusetts...............................          +           +           E           +           +           +           +           +           +
Michigan....................................          +           +           +           +           +           +           +           +           +

[[Page 150]]

 
Minnesota...................................          +           +           +           +           +           +           +           +           +
Mississippi.................................          +           +           +           +           +           +           +           +           +
Missouri....................................          -           -           -           +           +           +           +           +           +
Montana.....................................          +           +           +           +           +           +           +           +           +
Navajo Nation...............................          +           +           +           +           +           +           +           +           +
Nebraska....................................          +           +           +           +           +           +           +           +           +
Nevada......................................          +           +           +           +           +           +           +           +           +
New Hampshire...............................          -           -           -           +           +           +           +           +           +
New Mexico..................................          +           +           E           +           +           +           +           +           +
New York....................................          +           +           +           +           +           +           +           +           +
North Carolina..............................          +           +           +           +           +           +           +           +           +
North Dakota................................          +           +           E           +           +           +           +           +           +
Oklahoma....................................          -           -           +           +           +           +           +           +           +
Oregon......................................          +           +        E(1)           +           +           +           +           +           +
Penobscot Nation............................          -           -           -           -           -           -           +           +           +
South Carolina..............................          +           +           +           +           +           +           +           +           +
South Dakota................................          +           +           +           +           +           +           +           +           +
Tennessee...................................          +           +           +           +           +           +           +           +           +
Texas.......................................          +           +        E(2)           +           +           +           +           +           +
Utah........................................          -           -           +           +           +           +           +           +           +
Vermont.....................................          +           +           +           +           +           +           +           +           +
Virginia....................................          +           +           +           +           +           +           +           +           +
Washington..................................          +           +           +           +           +           +           +           +           +
West Virginia...............................          +           +           +           +           +           +           +           +           +
Wisconsin...................................          +           E           +           +           +           +           +           +           +
White Mt Tribe..............................          -           -           -           -           -           -           -           +           +
Wind River Reservation......................          -           -           -           -           -           -           -           -           +
Wisconsin...................................          +           +           E           +           +           +           +           +           +
Wyoming.....................................          +           +           +           +           +           +           +           +           +
--------------------------------------------------------------------------------------------------------------------------------------------------------
+ Export approval.
- Export not approved.
E 1979-80 bobcat export enjoined by U.S. District Court, District of Columbia.
E(1) As above but for eastern portion of State.
E(2) As above but for high plains ecological area.

    (b) Condition on export: Each pelt must be clearly identified as to 
species; State, Indian Tribe, or Indian Nation of origin; and season of 
taking by a permanently attached, serially numbered tag of a type 
approved by and attached under conditions established by the Service. 
Exception to tagging requirement: finished furs and fully manufactured 
fur products may only be exported from the United States when the State, 
Indian Tribe, or Indian Nation export tags, removed from the hides used 
to manufacture the product being exported, are surrendered to the 
Service at the time of export. Such tags must be removed by cutting the 
tag strap on the female side next to the locking socket of the tag so 
the locking socket and locking tip remain joined.

[45 FR 80446, Dec. 4, 1980, as amended at 54 FR 985, Jan. 11, 1989]



Sec. 23.53  River otter (Lontra canadensis).

    States for which we permit the export of the indicated season's take 
under Sec. 23.15 of this part:
    (a) States and Indian Nations, and Seasons Approved for Export of 
River Otter From the United States:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   1977-78     1978-79     1979-80                                          1983-84     1995-96     1996-98     1998-99
                                     \1\         \2\         \3\       1980-81      1981-82     1982-83   and future  and future  and future  and future
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama........................  Q           +           +           +            +           +           +           +           +           +
Alaska.........................  +           +           +           +            +           +           +           +           +           +
Arkansas.......................  Q           +           +           +            +           +           +           +           +           +
Connecticut....................  Q           +           +           +            +           +           +           +           +           +
Delaware.......................  Q           +           +           +            +           +           +           +           +           +
Florida........................  Q           +           +           +            +           +           +           +           +           +
Georgia........................  Q           +           +           +            +           +           +           +           +           +
Louisiana......................  Q           +           +           +            +           +           +           +           +           +

[[Page 151]]

 
Maine..........................  Q           +           +           +            +           +           +           +           +           +
Maryland.......................  Q           +           +           +            +           +           +           +           +           +
Massachusetts..................  Q           +           +           +            +           +           +           +           +           +
Michigan.......................  Q           +           +           +            +           +           +           +           +           +
Minnesota......................  Q           +           +           +            +           +           +           +           +           +
Mississippi....................  Q           +           +           +            +           +           +           +           +           +
Missouri.......................  -           -           -           -            -           -           -           -           + \5\       +
Montana........................  Q           +           +           +            +           +           +           +           +           +
New Hampshire..................  Q           +           +           +            +           +           +           +           +           +
New Jersey.....................  -           -           -           -            -           +           +           +           +           +
New York.......................  Q           +           +           +            +           +           +           +           +           +
North Carolina.................  Q           +           +           +            +           +           +           +           +           +
Oregon.........................  Q           +           +           +            +           +           +           +           +           +
Penobscot Nation...............  -           -           -           -            -           -           +           +           +           ..........
Rhode Island...................  Q           +           -           -            -           -           -           -           -           -
South Carolina.................  Q           +           +           +            +           +           +           +           +           +
Tennessee......................  -           -           -           -            -           -           -           + \4\       +           +
Vermont........................  Q           +           +           +            +           +           +           +           +           +
Virginia.......................  Q           +           +           +            +           +           +           +           +           +
Washington.....................  Q           +           +           +            +           +           +           +           +           +
Wisconsin......................  Q           +           +           +            +           +           +           +           +           +
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For further information, see 42 FR 43729, Aug. 30, 1977; 43 FR 11081, Mar. 16, 1978; and 43 FR 29469, July 7, 1978.
\2\ For further information, see 43 FR 11096, Mar. 16, 1978; 43 FR 13913, Apr. 3, 1978; 43 FR 15097, Apr. 10, 1978; 43 FR 29469, July 7, 1978; 43 FR
  35013, Aug. 7, 1978; 43 FR 36293, Aug. 16, 1978; and 43 FR 39305, Sept. 1, 1978.
\3\ For further information, see 44 FR 25383, Apr. 30, 1979; 44 FR 31583, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 1979; and 44
  FR 55540, Sept. 26, 1979.
\4\ Export for 1994-95 approved administratively (for Tennessee).
\5\ Export for 1996-97 and 1997-98 approved administratively (for Missouri).
Q Export approved with quota.
+ Export approved.
- Export not approved.

    (b) Condition on export: Exporters must clearly identify each pelt 
as to species, State or Indian Nation of origin, and season of taking by 
permanently attaching a serially numbered tag of a type approved and 
provided by the Service and attached under conditions established by the 
Service. Exception to the tagging requirement: We will allow the export 
of fully manufactured fur or hide products from the United States only 
when the CITES export tags removed from the hides prior to manufacture 
are surrendered to us prior to export. Such tags must be removed by 
cutting the tag straps on the side next to the locking socket of the 
tag, so that the locking socket and locking tip remain joined.

[64 FR 774, Jan. 6, 1999]



Sec. 23.54  Lynx (Lynx canadensis).

    States for which the export of the indicated season's harvest may be 
permitted under Sec. 23.15 of this part:
    (a) 1977-78 Harvest: Alaska (open), Idaho (Quota 25), Minnesota (Q 
25), Montana (Q 200), Washington (Q 35).

    For further information: See 42 FR 43729, Aug. 30, 1977; 43 FR 
11081, Mar. 16, 1978; and 43 FR 29469, July 7, 1978.

    (b) 1978-79 Harvest: Alaska, Idaho, Minnesota, Montana, Washington.

    Condition on findings: Pelts must be clearly identified as to state 
of origin and season of taking.
    For further information: See 43 FR 11096, Mar. 16, 1978; 43 FR 
13913, Apr. 3, 1978, 43 FR 15097, Apr. 10, 1978; 43 FR 29469, July 7, 
1978; 43 FR 35013, Aug. 7, 1978; 43 FR 36293, Aug. 16, 1978, and 43 FR 
39305, Sept. 1, 1978.

    (c) 1979-80 Harvest: Alaska, Idaho, Minnesota, Montana, Washington.

    Conditions on findings: Pelts must be clearly identified as to state 
of origin and state of taking, including tagging according to standards 
and conditions established by the Service.
    For further information: See 44 FR 25383, Apr. 30, 1979; 44 FR 
31585, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 
1979; and 44 FR 55540, Sept. 26, 1979.

    (d) 1980-81 Harvest: Alaska, Minnesota, Montana.

    Condition on finding: Pelts must be clearly identified as to state 
of origin and season of taking, including tagging according to 
conditions established by the Service.


[[Page 152]]


    (e) 1981-82 Harvest: Alaska, Idaho, Minnesota, Montana, Washington.

    Condition on findings: Pelts must be clearly identified as to state 
of origin and season of taking, including tagging according to 
conditions established by the Service.

    (f) 1982-83 Harvest: Alaska, Idaho, Minnesota, Montana, and 
Washington.

    Condition on export: Each pelt must be clearly identified as to 
state of origin and season of taking by a permanently attached state tag 
of a type approved by the Service and attached under conditions 
established by the Service.

    (g) 1983-84 and Subsequent Harvests: Alaska, Idaho, Minnesota, 
Montana, and Washington.

    Condition on export: Each pelt must be clearly identified as to 
species, State of origin and season of taking by a permanently attached, 
serially numbered tag of a type approved by the Service and attached 
under conditions established by the Service. Exception to tagging 
requirement: for the 1983-84 and previous seasons, finished furs and 
fully manufactured fur products may be exported from the U.S. when 
accompanied by the State tags removed in a manner described by the 
Service from pelts contained in the products, such tags must be removed 
by cutting the tag strap on the female side next to the locking socket 
of the tag so that the locking socket and locking tip remain joined, and 
such tags must be surrendered to the Service prior to export.

[45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 47 
FR 54970, Dec. 7, 1982; 49 FR 594, Jan. 5, 1984]



Sec. 23.55  Gray wolf (Canis lupus).

    State for which the export of the indicated season's harvest may be 
permitted under Sec. 23.15 of this part:
    (a) 1977-78 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.

    (b) 1978-79 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.

    (c) 1979-80 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.
    For further information: See 44 FR 25383, Apr. 30, 1979; 44 FR 
31583, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 
1979; and 44 FR 55540, Sept. 26, 1979.

    (d) 1980-81 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.

    (e) 1981-82 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the State 
of Alaska.

    (f) 1982-83 Harvest: Alaska.

    Condition on export: Each pelt must be clearly identified as to 
state of origin and season of taking by a permanently attached state tag 
of a type approved by the Service and attached under conditions 
established by the Service.

    (g) 1983-84 and Subsequent Harvests: Alaska.

    Condition on export: Each pelt must be clearly identified as to 
species, State of origin and season of taking by a permanently attached, 
serially numbered State tag of a type approved and attached under 
conditions established by the Service. Exception to tagging requirement: 
for the 1983-84 and previous seasons, finished furs and fully 
manufactured fur products may be exported from the U.S. when accompanied 
by the State tags removed in a manner described by the Service from 
pelts contained in the products, such tags must be removed by cutting 
the tag strap on the female side next to the locking socket of the tag 
so that the locking socket and locking tip remain joined, and such tags 
must be surrendered to the Service prior to export.

[45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 47 
FR 54970, Dec. 7, 1982; 49 FR 594, Jan. 5, 1984]



Sec. 23.56  Brown bear (Ursus arctos).

    State for which the export of the indicated season's harvest may be 
permitted under Sec. 23.15 of this part:
    (a) 1977-78 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.

    (b) 1978-79 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.

    (c) 1979-80 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.
    For further information: See 44 FR 25383, Apr. 30, 1979; 44 FR 
31583, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 
1979; and 44 FR 55540, Sept. 26, 1979.

    (d) 1980-81 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.

    (e) 1981-82 Harvest: Alaska.


[[Page 153]]


    Condition on findings: Pelts must be tagged as required by the State 
of Alaska.

    (f) 1982-83 Harvest: Alaska.

    Condition on export: Each pelt must be clearly identified as to 
state of origin and season of taking by a permanently attached state tag 
of a type approved by the Service and attached under conditions 
established by the Service.

    (g) 1983-84 and Subsequent Harvests: Alaska.

    Condition on export: Each pelt must be clearly identified as to 
species, State of origin and season of taking by a permanently attached, 
serially numbered State tag of a type approved by the Service and 
attached under conditions established by the Service.

[45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 47 
FR 54971, Dec. 7, 1982; 49 FR 595, Jan. 5, 1984]



Sec. 23.57  American alligator (Alligator mississippiensis).

    States for which the export of the indicated season's harvest may be 
permitted under Sec. 23.15 of this part:
    (a) 1979-1997 harvests (wild and farm-raised for each year unless 
noted).

----------------------------------------------------------------------------------------------------------------
                                     AL        AR        FL        GA        LA        MS        SC        TX
----------------------------------------------------------------------------------------------------------------
1979............................        -         -         +         -         +         -         -         -
1980............................        -         -         +         -         +         -         -         -
1981............................        -         -         +         -         +         -         -         -
1982............................        -         -         +         -         +         -         -         -
1983............................        -         -         +         -         +         -         -         -
1984............................        -         -         +         -         +         -         -         +
1985............................        -         -         +         -         +         -         -         +
1986............................        -         -         +         -         +         -         -         +
1987............................        -         -         +         -         +         -         -         +
1988............................        -         -         +         +         +         -         +         +
1989............................        +         -         +         +         +         +         +         +
1990............................        +         -         +         +         +         +         +         +
1991............................        +         -         +         +         +         +         +         +
1992............................        +         -         +         +         +         +         +         +
1993............................        +         -         +         +         +         +         +         +
1994............................        +         F         +         +         +         +         +         +
1995............................        +         F         +         +         +         +         +         +
1996............................        +         F         +         +         +         +         +         +
1997............................        +         F         +         +         +         +         +         +
----------------------------------------------------------------------------------------------------------------
+ = export approved.
F = export approved for farm-raised only.
- = export not approved.

    (b) Condition on initial export from the United States. (1) Each 
hide (full skin) must be clearly identified by a durable, permanently 
locking Convention export tag bearing a legend showing the US-CITES 
logo, State of origin, species, year of take, and a unique serial 
number. The tag must be inserted through the hide and permanently locked 
in place using the locking mechanism of the tag and in accordance with 
State requirements. Hides with broken tags may not be exported. Prior to 
export and upon submission of documentation to show legality of the 
hide, broken tags may be replaced with CITES replacement tags. Hides 
with valid CITES replacement tags are eligible for export.
    (2) US-CITES export tags that were removed from the hides used to 
manufacture products to be exported must be surrendered to the Service 
prior to the export of those products.
    (3) Meat from legally harvested and tagged alligators shall be 
packed in State-uniform containers, permanently sealed and labeled as 
required by State law. Bulk meat containers shall be marked with a State 
``parts tag'' or ``bulk meat tag'' permanently attached indicating, at a 
minimum, State of origin, year of take, species, original hide export 
tag number, weight of meat in the container, and identification of State 
licensed processor or packer.
    (4) Small parts such as tails, throats, feet, or backstrips shall be 
packed in transparent, sealed containers clearly marked with a parts 
tag. Parts tags shall supply at a minimum the State of origin, species, 
original hide export tag number, and weight of the parts in the 
container.

[[Page 154]]

    (5) American alligator skulls shall be marked as required by State 
law. This marking shall include, at a minimum, reference to a valid US-
CITES tag number.

[53 FR 30683, Aug. 15, 1988, as amended at 54 FR 33233, Aug. 14, 1989; 
57 FR 21899, May 26, 1992; 60 FR 43407, 43408, Aug. 21, 1995]



PART 24_IMPORTATION AND EXPORTATION OF PLANTS--Table of Contents




                         Subpart A_Introduction

Sec.
24.1 Purpose of regulations.
24.2 Scope of regulations.

        Subpart B_Importation and Exportation at Designated Ports

24.11 General restrictions.
24.12 Designated ports.

    Authority: Secs. 9(f)(1), 11(f), Pub. L. 93-205, 87 Stat 893, 897 
(16 U.S.C. 1538(f)(1), 1540(f)).

    Source: 49 FR 42941, Oct. 25, 1984, unless otherwise noted.



                         Subpart A_Introduction



Sec. 24.1  Purpose of regulations.

    The regulations contained in this part are for the purpose of 
establishing ports for the importation, exportation and reexportation of 
plants.



Sec. 24.2  Scope of regulations.

    The provisions in this part are in addition to, and do not 
supersede, other regulations in this chapter. Also, the U.S. Department 
of Agriculture administers the Plant Quarantine Act, as amended (7 
U.S.C. 151 et seq.), the Federal Plant Pest Act, as amended (7 U.S.C. 
150aa et seq.), and the Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 
et seq.), which contain authority for additional prohibitions and 
restrictions, including additional port of entry requirements, for the 
importation or exportation of plants (See 7 CFR chapter III for 
regulations containing prohibitions and restrictions under these 
authorities).



        Subpart B_Importation and Exportation at Designated Ports



Sec. 24.11  General restrictions.

    No person shall import, export, or reexport plants at any place 
other than at a port designated in 24.12 (hereinafter ``designated 
port'') in accordance with the provisions of this part, unless otherwise 
specifically authorized by the Service at a nondesignated port in 
accordance with section 9(f)(1) of the Endangered Species Act of 1973, 
as amended.



Sec. 24.12  Designated ports.

    (a) The following U.S. Department of Agriculture ports are 
designated ports for the importation, exportation, or reexportation of 
plants which are listed in 50 CFR 17.12 and/or 23.23 and which are 
required to be accompanied by documentation under 50 CFR part 17 and/or 
23:

Nogales, Arizona
Los Angeles, California
San Diego, California
San Francisco, California
Miami, Florida
Orlando, Florida
Honolulu, Hawaii
New Orleans, Louisiana
Hoboken, New Jersey (Port of New York)
Jamaica, New York
San Juan, Puerto Rico
Brownsville, Texas
El Paso, Texas
Houston, Texas
Seattle, Washington

    (b) The U.S. Department of Agriculture ports at Hilo, Hawaii, and 
Chicago, Illinois, are designated ports for the importation, 
exportation, or reexportation of plants of the family Orchidaceae 
(orchids) which are listed in 50 CFR 17.12 or 23.23 and which are 
required to be accompanied by documentation under 50 CFR part 17 or 23.
    (c) The U.S. Department of Agriculture ports at Atlanta, Georgia; 
Chicago, Illinois; Baltimore, Maryland; St. Louis, Missouri; and 
Milwaukee, Wisconsin; are designated ports for the importation, 
exportation or reexportation of roots of American ginseng (Panax 
quinquefolius) listed in 50 CFR 23.23 and which are required to be 
accompanied by documentation under 50 CFR part 17 or 23.

[[Page 155]]

    (d) The U.S. Department of Agriculture ports at Detroit and Port 
Huron, Michigan; Buffalo, New York; Rouses Point, New York; and Blaine, 
Washington, are designated ports for the importation from Canada of 
plants which are listed in 50 CFR 17.12 or 23.23 and which are required 
to be accompanied by documentation under 50 CFR part 17 or 23, and for 
the exportation or reexportation to Canada of plants which are listed in 
50 CFR 17.12 or 23.23 and which are required to be accompanied by 
documentation under 50 CFR part 17 or 23.
    (e) The U.S. Department of Agriculture ports at Mobile, Alabama; 
Fort Lauderdale (=Port Everglades), Jacksonville, and Panama City, 
Florida; Savannah, Georgia; Baltimore, Maryland; Gulfport, Mississippi; 
Wilmington and Morehead City, North Carolina; Portland, Oregon; 
Philadelphia, Pennsylvania; Charleston, South Carolina; Laredo, Texas; 
Norfolk, Virginia; and Vancouver, Washington, are designated ports for 
the importation of logs and lumber from trees which are listed in the 
appendices to the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES) or in 50 CFR 17.12 or 23.23 and 
which are required to be accompanied by documentation under 50 CFR part 
17 or 23.
    (f) The U.S. Department of Agriculture port at Wilmington, North 
Carolina, is a designated port for the exportation of plants of the 
species Dionaea muscipula (Venus flytrap), which is listed in appendix 
II to CITES and which is required to be accompanied by documentation 
under 50 CFR part 23.
    (g) All U.S. Customs designated ports of entry on the United States-
Canadian border (Customs designated ports of entry are listed in 19 CFR 
part 101) and the following U.S. Department of Agriculture ports are 
designated ports for the importation, exportation, or reexportation of 
plants not required to be accompanied by documentation under 50 CFR part 
17 or 23:

Mobile, Alabama
Anchorage, Alaska
Nogales, Arizona
Phoenix, Arizona
San Luis, Arizona
Tucson, Arizona
Calexico, Arizona
Los Angeles, California
San Diego, California
San Francisco, California
San Pedro, California
Denver, Colorado
Wallingford, Connecticut
Dover, Delaware (Dover AFB)
Wilmington, Delaware
Washington, District of Columbia
Jacksonville, Florida
Key West, Florida
Miami, Florida
Orlando, Florida
Pensacola, Florida
Cape Canaveral, Florida
Port Everglades, Florida
Tampa, Florida
West Palm Beach, Florida
Atlanta, Georgia
Savannah, Georgia
Agana, Guam
Hilo, Hawaii
Honolulu, Hawaii
Wailuku, Maui, Hawaii
Chicago, Illinois
Baton Rouge, Louisiana
New Orleans, Louisiana
Bangor, Maine
Portland, Maine
Baltimore, Maryland
Boston, Massachusetts
Detroit, Michigan
Duluth, Minnesota
St. Paul, Minnesota
Kansas City, Missouri
St. Louis, Missouri
Hoboken, New Jersey
McGuire AFB, New Jersey
Albany, New York
Buffalo, New York
New York, New York
Jamaica, New York
Rouses Point, New York
Morehead City, North Carolina
Wilmington, North Carolina
Cleveland, Ohio
Astoria, Oregon
Coos Bay, Oregon
Portland, Oregon
Philadelphia, Pennsylvania
Hato Rey, Puerto Rico
Mayaguez, Puerto Rico
Ponce, Puerto Rico
Roosevelt Roads, Puerto Rico
San Juan, Puerto Rico
Warwick, Rhode Island
Charleston, South Carolina
Memphis, Tennessee
Brownsville, Texas
Corpus Christi, Texas
Dallas-Ft. Worth, Texas
Del Rio, Texas
Eagle Pass, Texas
El Paso, Texas
Galveston, Texas

[[Page 156]]

Hidalgo, Texas
Houston, Texas
Laredo, Texas
Port Arthur, Texas
Presidio, Texas
Progreso, Texas
Roma, Texas
San Antonio, Texas
St. Croix, Virgin Islands of the United States
St. Thomas, Virgin Islands of the United States
Newport News, Virginia
Norfolk, Virginia
Blaine, Washington
Tacoma, Washington (McChord AFB)
Seattle, Washington
Milwaukee, Wisconsin

[49 FR 42941, Oct. 25, 1984, as amended at 55 FR 11920, Mar. 30, 1990; 
58 FR 68543, Dec. 28, 1993; 58 FR 14121, Mar. 25, 1994; 59 FR 42775, 
Aug. 19, 1994; 62 FR 30775, June 5, 1997]

[[Page 157]]



            SUBCHAPTER C_THE NATIONAL WILDLIFE REFUGE SYSTEM



PART 25_ADMINISTRATIVE PROVISIONS--Table of Contents




                         Subpart A_Introduction

Sec.
25.11 Purpose of regulations.
25.12 What do these terms mean?
25.13 Other applicable laws.

                   Subpart B_Administrative Provisions

25.21 When and how do we open and close areas of the National Wildlife 
          Refuge System to public access and use or continue a use?
25.22 Lost and found articles.
25.23 What are the general regulations and information collection 
          requirements?

                         Subpart C_Public Notice

25.31 General provisions.

                            Subpart D_Permits

25.41 Who issues refuge permits?
25.42 Permits required to be exhibited on request.
25.43 Who may terminate or revoke a permit and why?
25.44 How do we grant permits for easement area uses?
25.45 Appeals procedure.

                       Subpart E_Fees and Charges

25.51 General provisions.
25.52 Designation.
25.53 Establishment of single visit entrance fees.
25.54 Posting and public notification.
25.55 Refuge admission permits.
25.56 Enforcement.
25.57 Exceptions and exemptions.

                          Subpart F_Concessions

25.61 General provisions.

                      Subpart G_Safety Regulations

25.71 Public safety.
25.72 Reporting of accidents.

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, and 715i, 3901 
et seq.; and Pub. L. 102-402, 106 Stat. 1961.

    Source: 41 FR 9166, Mar. 3, 1976, unless otherwise noted.



                         Subpart A_Introduction



Sec. 25.11  Purpose of regulations.

    (a) The regulations in this subchapter govern general administration 
of units of the National Wildlife Refuge System, public notice of 
changes in U.S. Fish and Wildlife Service policy regarding Refuge System 
units, issuance of permits required on Refuge System units and other 
administrative aspects involving the management of various units of the 
National Wildlife Refuge System. The regulations in this subchapter 
apply to areas of land and water held by the United States in fee title 
and to property interests in such land and water in less than fee, 
including but not limited to easements. For areas held in less than fee, 
the regulations in this subchapter apply only to the extent that the 
property interest held by the United States may be affected. The 
regulations in this subchapter also apply to and govern those areas of 
the Rocky Mountain Arsenal over which management responsibility has been 
transferred to the U.S. Fish and Wildlife Service under the Rocky 
Mountain Arsenal Act of 1992 (Pub. L. 102-402, 106 Stat. 1961), before 
their establishment as a refuge and inclusion in the National Wildlife 
Refuge System.
    (b) All national wildlife refuges are maintained for the primary 
purpose of developing a national program of wildlife and ecological 
conservation and rehabilitation. These refuges are established for the 
restoration, preservation, development and management of wildlife and 
wildlands habitat; for the protection and preservation of endangered or 
threatened species and their habitat; and for the management of wildlife 
and wildlands to obtain the maximum benefits from these resources.

[41 FR 9166, Mar. 3, 1976, as amended at 51 FR 7574, Mar. 5, 1986; 62 FR 
47375, Sept. 9, 1997]



Sec. 25.12  What do these terms mean?

    (a) As used in the rules and regulations in this subchapter:

[[Page 158]]

    Authorized official means any Federal, State or local official 
empowered to enforce provisions of this subchapter C.
    Big game means large game animals, including moose, elk, caribou, 
reindeer, musk ox, deer, bighorn sheep, mountain goat, pronghorn, bear, 
and peccary, or such species as the separate States may so classify 
within their boundaries.
    Compatibility determination means a written determination signed and 
dated by the Refuge Manager and Regional Chief, signifying that a 
proposed or existing use of a national wildlife refuge is a compatible 
use or is not a compatible use. The Director makes this delegation 
through the Regional Director.
    Compatible use means a proposed or existing wildlife-dependent 
recreational use or any other use of a national wildlife refuge that, 
based on sound professional judgment, will not materially interfere with 
or detract from the fulfillment of the National Wildlife Refuge System 
mission or the purpose(s) of the national wildlife refuge.
    Comprehensive conservation plan means a document that describes the 
desired future conditions of a refuge or planning unit and provides 
long-range guidance and management direction to achieve the purposes of 
the refuge; helps fulfill the mission of the Refuge System; maintains 
and, where appropriate, restores the ecological integrity of each refuge 
and the Refuge System; helps achieve the goals of the National 
Wilderness Preservation System; and meets other mandates.
    Conservation, and Management mean to sustain and, where appropriate, 
restore and enhance, healthy populations of fish, wildlife, and plants 
utilizing, in accordance with applicable Federal and State laws, methods 
and procedures associated with modern scientific resource programs. Such 
methods and procedures include, consistent with the provisions of the 
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd-668ee), protection, research, census, law enforcement, habitat 
management, propagation, live trapping and transplantation, and 
regulated taking.
    Coordination area means a wildlife management area made available to 
a State by cooperative agreement between the U.S. Fish and Wildlife 
Service and a State agency having control over wildlife resources 
pursuant to section 4 of the Fish and Wildlife Coordination Act (16 
U.S.C. 664 or by long-term leases or agreements pursuant to title III of 
the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.). The States 
manage coordination areas but they are part of the National Wildlife 
Refuge System. The compatibility standard does not apply to coordination 
areas.
    Director means the Director, U.S. Fish and Wildlife Service or the 
authorized representative of such official.
    Easement means a less than fee interest in land or water acquired 
and administered by the U.S. Fish and Wildlife Service for the purpose 
of maintaining fish and wildlife habitat.
    Fish, Wildlife, and Fish and wildlife mean any member of the animal 
kingdom in a wild, unconfined state, whether alive or dead, including a 
part, product, egg, or offspring of the member.
    Migratory bird means and refers to those species of birds listed 
under Sec. 10.13 of this chapter.
    National wildlife refuge, and Refuge mean a designated area of land, 
water, or an interest in land or water located within the National 
Wildlife Refuge System but does not include coordination areas.
    National Wildlife Refuge System, and System mean all lands, waters, 
and interests therein administered by the U.S. Fish and Wildlife Service 
as wildlife refuges, wildlife ranges, wildlife management areas, 
waterfowl production areas, coordination areas, and other areas for the 
protection and conservation of fish and wildlife including those that 
are threatened with extinction as determined in writing by the Director 
or so directed by Presidential or Secretarial order. The determination 
by the Director may not be delegated.
    National Wildlife Refuge System mission, and System mission mean to 
administer a national network of lands and

[[Page 159]]

waters for the conservation, management, and where appropriate, 
restoration of the fish, wildlife, and plant resources and their 
habitats within the United States for the benefit of present and future 
generations of Americans.
    Nontoxic shot means steel shot or other shot approved pursuant to 50 
CFR 20.134.
    Plant means any member of the plant kingdom in a wild, unconfined 
state, including any plant community, seed, root, or other part of a 
plant.
    Purpose(s) of the refuge means the purposes specified in or derived 
from the law, proclamation, executive order, agreement, public land 
order, donation document, or administrative memorandum establishing, 
authorizing, or expanding a national wildlife refuge, national wildlife 
refuge unit, or national wildlife refuge subunit. For refuges that 
encompass Congressionally designated wilderness, the purposes of the 
Wilderness Act are additional purposes of the wilderness portion of the 
refuge.
    Refuge management activity means an activity conducted by the 
Service or a Service-authorized agent to fulfill one or more purposes of 
the national wildlife refuge, or the National Wildlife Refuge System 
mission. Service-authorized agents include contractors, cooperating 
agencies, cooperating associations, refuge support groups, and 
volunteers.
    Refuge management economic activity means a refuge management 
activity on a national wildlife refuge which results in generation of a 
commodity which is or can be sold for income or revenue or traded for 
goods or services. Examples include: Farming, grazing, haying, timber 
harvesting, and trapping.
    Regional Chief means the official in charge of the National Wildlife 
Refuge System within a Region of the U.S. Fish and Wildlife Service or 
the authorized representative of such official.
    Refuge Manager means the official directly in charge of a national 
wildlife refuge or the authorized representative of such official. In 
the case of a national wildlife refuge complex, this refers to the 
official directly in charge of the complex.
    Refuge use, and Use of a refuge mean a recreational use (including 
refuge actions associated with a recreational use or other general 
public use), refuge management economic activity, or other use of a 
national wildlife refuge by the public or other non-National Wildlife 
Refuge System entity.
    Regional Director means the official in charge of a Region of the 
U.S. Fish and Wildlife Service or the authorized representative of such 
official.
    Secretary means the Secretary of the Interior or the authorized 
representative of such official.
    Service, We, and Us mean the U.S. Fish and Wildlife Service, 
Department of the Interior.
    Sound professional judgment means a finding, determination, or 
decision that is consistent with principles of sound fish and wildlife 
management and administration, available science and resources, and 
adherence to the requirements of the National Wildlife Refuge System 
Administration Act of 1966 (16 U.S.C. 668dd-668ee), and other applicable 
laws. Included in this finding, determination, or decision is a refuge 
manager's field experience and knowledge of the particular refuge's 
resources.
    State, and United States mean one or more of the States of the 
United States, Puerto Rico, American Samoa, the Virgin Islands, Guam, 
and the territories and possessions of the United States.
    Waterfowl production area means any wetland or pothole area acquired 
pursuant to section 4(c) of the amended Migratory Bird Hunting Stamp Act 
(72 Stat. 487; 16 U.S.C. 718d(c)), owned or controlled by the United 
States and administered by the U.S. Fish and Wildlife Service as a part 
of the National Wildlife Refuge System.
    Wildlife-dependent recreational use, and Wildlife-dependent 
recreation mean a use of a national wildlife refuge involving hunting, 
fishing, wildlife observation and photography, or environmental 
education and interpretation. The National Wildlife Refuge System 
Administration Act of 1966 (16 U.S.C. 668dd-668ee), specifies that these 
are the six priority general public uses of the National Wildlife Refuge 
System.

[[Page 160]]

    Wildlife management area means a general term used in describing a 
variety of areas that are managed for wildlife purposes which may be 
included in the National Wildlife Refuge System.
    You means the public.
    (b) Unless otherwise stated the definitions found in 50 CFR 10.12 
also apply to all of subchapter C of this title 50.

[41 FR 9166, Mar. 3, 1976, as amended at 51 FR 7574, Mar. 5, 1986; 60 FR 
62040, Dec. 4, 1995; 64 FR 14150, Mar. 24, 1999; 65 FR 62480, Oct. 18, 
2000]



Sec. 25.13  Other applicable laws.

    Nothing in this subchapter shall be construed to relieve a person 
from any other applicable requirements imposed by a local ordinance or 
by a statute or regulation of any State or of the United States.



                   Subpart B_Administrative Provisions



Sec. 25.21  When and how do we open and close areas of the National Wildlife Refuge System to public access and use or continue a use?

    (a) Except as provided below, all areas included in the National 
Wildlife Refuge System are closed to public access until and unless we 
open the area for a use or uses in accordance with the National Wildlife 
Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee), the 
Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) and this 
subchapter C. See 50 CFR 36 for details on use and access restrictions, 
and the public participation and closure process established for Alaska 
national wildlife refuges. We may open an area by regulation, individual 
permit, or public notice, in accordance with Sec. 25.31 of this 
subchapter.
    (b) We may open a national wildlife refuge for any refuge use, or 
expand, renew, or extend an existing refuge use only after the Refuge 
Manager determines that it is a compatible use and not inconsistent with 
any applicable law. Lands subject to the patent restrictions imposed by 
Section 22(g) of the Alaska Native Claims Settlement Act are subject to 
the compatibility requirements of Parts 25 and 26 of 50 CFR except as 
otherwise provided in paragraph (b)(1) of this section.
    (1) We will complete compatibility determinations for uses of Alaska 
Native Claims Settlement Act 22(g) lands in compliance with the 
following requirements:
    (i) Refuge managers will work with 22(g) landowners in 
implementation of these regulations. The landowners should contact the 
Refuge Manager in advance of initiating a use and request a 
compatibility determination. After a compatibility determination is 
requested, refuge managers have no longer than ninety (90) days to 
complete the compatibility determination and notify the landowner of the 
finding by providing a copy of the compatibility determination or to 
inform the landowner of the specific reasons for delay. If a refuge 
manager believes that a finding of not compatible is likely, the Refuge 
Manager will notify the landowner prior to rendering a decision to 
encourage dialog on how the proposed use might be modified to be 
compatible.
    (ii) Refuge managers will allow all uses proposed by 22(g) 
landowners when the Refuge Manager determines the use to be compatible 
with refuge purposes.
    (iii) Compatibility determinations will include only evaluations of 
how the proposed use would affect the ability of the refuge to meet its 
mandated purposes. The National Wildlife Refuge System mission will not 
be considered in the evaluation. Refuge purposes will include both pre-
ANILCA purposes and those established by ANILCA, so long as they do not 
conflict. If conflicts arise, ANILCA purposes will take precedence.
    (iv) A determination that a use is not compatible may be appealed by 
the landowner to the Regional Director. The appeal must be submitted in 
writing within forty-five (45) days of receipt of the determination. The 
appeals process provided for in 50 CFR 36.41(i) (3) through (5) will 
apply.
    (v) Compatibility determinations for proposed uses of 22(g) lands 
will only evaluate the effects of the use on the adjacent refuge lands, 
and the ability of that refuge to achieve its purposes, not on the 
effects of the proposed use to the 22(g) lands.
    (vi) Compatibility determinations for 22(g) lands that a use is 
compatible are

[[Page 161]]

not subject to re-evaluation unless the use changes significantly, 
significant new information is made available that could affect the 
compatibility determination, or if requested by the landowner.
    (vii) Refuge comprehensive conservation plans will not include 22(g) 
lands, and compatibility determinations affecting such lands will not to 
be automatically re-evaluated when the plans are routinely updated.
    (viii) Refuge special use permits will not be required for 
compatible uses of 22(g) lands. Special conditions necessary to ensure a 
proposed use is compatible may be included in the compatibility 
determination and must be complied with for the use to be considered 
compatible.
    (c) The Refuge Manager may temporarily allow or initiate any refuge 
use without making a compatibility determination if necessary to protect 
the health and safety of the public or any fish or wildlife population.
    (d) When we add lands to the National Wildlife Refuge System, the 
Refuge Manager will identify, prior to acquisition, withdrawal, 
transfer, reclassification, or donation of those lands, existing 
wildlife-dependent recreational public uses (if any) determined to be 
compatible that we will permit to continue on an interim basis, pending 
completion of the comprehensive conservation plan for the national 
wildlife refuge. We will make these compatibility determinations in 
accordance with procedures in Sec. 26.41 of this subchapter.
    (e) In the event of a threat or emergency endangering the health and 
safety of the public or property or to protect the resources of the 
area, the Refuge Manager may close or curtail refuge uses of all or any 
part of an opened area to public access and use in accordance with the 
provisions in Sec. 25.31, without advance notice. See 50 CFR 36.42 for 
procedures on closing Alaska national wildlife refuges.
    (f) We will re-evaluate compatibility determinations for existing 
wildlife-dependent recreational uses when conditions under which the use 
is permitted change significantly, or if there is significant new 
information regarding the effects of the use, or concurrently with the 
preparation or revision of a comprehensive conservation plan, or at 
least every 15 years, whichever is earlier. In addition, a refuge 
manager always may re-evaluate the compatibility of a use at any time.
    (g) Except for uses specifically authorized for a period longer than 
10 years (such as right-of-ways), we will re-evaluate compatibility 
determinations for all existing uses other than wildlife-dependent 
recreational uses when conditions under which the use is permitted 
change significantly, or if there is significant new information 
regarding the effects of the use, or at least every 10 years, whichever 
is earlier. In addition, a refuge manager always may re-evaluate the 
compatibility of a use at any time.
    (h) For uses in existence on November 17, 2000 that were 
specifically authorized for a period longer than 10 years (such as 
right-of-ways), our compatibility re-evaluation will examine compliance 
with the terms and conditions of the authorization, not the 
authorization itself. We will frequently monitor and review the activity 
to ensure that the permittee carries out all permit terms and 
conditions. However, the Service will request modifications to the terms 
and conditions of these permits from the permittee if the Service 
determines that such changes are necessary to ensure that the use 
remains compatible. After November 17, 2000 no uses will be permitted or 
re-authorized, for a period longer than 10 years, unless the terms and 
conditions for such long-term permits specifically allows for 
modifications to the terms and conditions, if necessary to ensure 
compatibility. We will make a new compatibility determination prior to 
extending or renewing such long-term uses at the expiration of the 
authorization. When we prepare a compatibility determination for re-
authorization of an existing right-of-way, we will base our analysis on 
the existing conditions with the use in place, not from a pre-use 
perspective.
    (i) When we re-evaluate a use for compatibility, we will take a 
fresh look at the use and prepare a new compatibility determination 
following the procedure outlined in 50 CFR 26.41.

[65 FR 62481, Oct. 18, 2000]

[[Page 162]]



Sec. 25.22  Lost and found articles.

    Lost articles or money found on a national wildlife refuge are to be 
immediately turned in to the nearest refuge office.



Sec. 25.23  What are the general regulations and information collection requirements?

    The Office of Management and Budget has approved the information 
collection requirements contained in subchapter C, parts 25, 32, and 36 
under 44 U.S.C. 3501 et seq. and assigned the following clearance 
numbers: Special Use Permit Applications on National Wildlife Refuges in 
Alaska (SUP-AK), clearance number 1018-0014; Special Use Permit 
Applications on National Wildlife Refuges Outside Alaska (SUP), 
clearance number 1018-0102. See Sec. 36.3 of this subchapter for 
further information on Special Use Permit Applications on National 
Wildlife Refuges in Alaska. We are collecting the information to assist 
us in administering these programs in accordance with statutory 
authorities that require that recreational uses be compatible with the 
primary purposes for which the areas were established. We require the 
information requested in the application form for the applicant to 
obtain a benefit. We estimate the public reporting burden for the SUP 
application form to be 30 minutes per response. This includes time for 
reviewing instructions, gathering and maintaining data, and completing 
and reviewing the form. Direct comments on the burden estimate or any 
other aspect of this form to the Information Collection Clearance 
Officer, U.S. Fish and Wildlife Service, MS 222 ARLSQ, Washington, DC 
20240 (1018-0014 or 1018-0102).

[65 FR 56400, Sept. 18, 2000]



                         Subpart C_Public Notice



Sec. 25.31  General provisions.

    Whenever a particular public access, use or recreational activity of 
any type whatsoever, not otherwise expressly permitted under this 
subchapter, is permitted on a national wildlife refuge or where public 
access, use, or recreational or other activities previously permitted 
are curtailed, the public may be notified by any of the following 
methods, all of which supplement this subchapter C:
    (a) Official signs posted conspicuously at appropriate intervals and 
locations;
    (b) Special regulations issued under the provisions of Sec. 26.33 
of this subchapter C.
    (c) Maps available in the office of the refuge manager, regional 
director, or area director, or
    (d) Other appropriate methods which will give the public actual or 
constructive notice of the permitted or curtailed public access, use, or 
recreational activity.



                            Subpart D_Permits



Sec. 25.41  Who issues refuge permits?

    We authorize the refuge manager of the facility where an activity is 
to take place to issue permits required by this subchapter C unless the 
regulations in this subchapter C require the applicant to obtain the 
applicable permit from the Director or Secretary. In those situations, 
the refuge manager will so inform the applicant, giving the applicant 
all necessary information as to how and where to apply.

[67 FR 58942, Sept. 18, 2002]



Sec. 25.42  Permits required to be exhibited on request.

    Any person on a national wildlife refuge shall upon request by any 
authorized official exhibit the required Federal or State permit or 
license authorizing their presence and activity on the area and shall 
furnish such other information for identification purposes as may be 
requested.



Sec. 25.43  Who may terminate or revoke a permit and why?

    The refuge manager may terminate or revoke a permit at any time for 
noncompliance with the terms of the permit or of the regulations in this 
subchapter C; for nonuse; for violation of any law, regulation, or order 
applicable to the refuge; or to protect public health or safety or the 
resources of a national wildlife refuge.

[67 FR 58943, Sept. 18, 2002]

[[Page 163]]



Sec. 25.44  How do we grant permits for easement area uses?

    (a) The provisions of this subsection shall govern the regulation of 
activities that affect easement interests acquired by the United States. 
All other provisions of subchapter C shall apply to activities within 
such easement areas, but only to the extent that those provisions are 
directly or indirectly related to the protection of those easement 
interests expressly acquired by the United States which are specified in 
the easement agreement itself, and are not inconsistent with the 
provisions of this subsection.
    (b) We require permits for use of easement areas administered by us 
where proposed activities may affect the property interest acquired by 
the United States. Applications for permits will be submitted in writing 
to the Regional Director or a designee. We may grant special use permits 
to owners of servient estates, or to third parties with the owner's 
agreement, by the Regional Director or a designee, upon written 
determination that such permitted use is compatible. If we ultimately 
determine that the requested use will not affect the United States' 
interest, the Regional Director will issue a letter of non-objection.
    (c) In instances where the third applicant is a governmental entity 
which has acquired a partial interest in the servient estate by 
subsequent condemnation, a special use permit may be granted to the 
governmental entity without the servient estate owner's agreement if the 
regional director or his or her designee determines:
    (1) The permitted use is compatible; and
    (2) The permitted use is consistent with the partial property 
interests obtained through condemnation.
    (d) Regulations pertaining to rights-of-way in easement areas are 
contained in 50 CFR part 29.21.

[51 FR 7575, Mar. 5, 1986, as amended at 65 FR 62482, Oct. 18, 2000]



Sec. 25.45  Appeals procedure.

    (a) Who may appeal. Any person who is adversely affected by a refuge 
manager's decision or order relating to the person's permit granted by 
the Service, or application for permit, within the National Wildlife 
Refuge System. This section does not apply to permits or applications 
for rights-of-way. See Sec. 29.22 for the hearing and appeals procedure 
on rights-of-way.
    (b) Preliminary procedure. Prior to making any adverse decision or 
order on a permit or application for permit, the refuge manager shall 
notify the permittee or applicant orally or in writing of the proposed 
action and its effective date. The permittee or applicant shall have 
twenty (20) days after notification in which to present to the refuge 
manager, orally or in writing, a statement in opposition to the proposed 
action or date. The permittee or applicant shall be notified in writing 
within twenty (20) days after receipt of the statement in opposition, of 
the refuge manager's final decision or order.
    (c) Appeals, how taken. If the refuge manager still intends to 
proceed with the proposed action, the permittee or applicant shall have 
thirty (30) days from the postmarked date of the refuge manager's final 
decision or order in which to file a written appeal to the appropriate 
area manager. The appellant (permittee or applicant) shall be notified 
in writing within thirty (30) days from the postmarked date of the 
appeal of the area manager's decision. The appellant shall have (30) 
days from the postmarked date of the area manager's decision to further 
appeal in writing to the appropriate regional director.
    (d) Decision of regional director. The regional director's decision 
shall be final and issued in writing to the appellant within thirty (30) 
days from the postmarked date of the appeal.
    (e) Oral presentation. The appellant shall be provided an 
opportunity for oral presentation before the area manager or the 
regional director within the respective thirty (30) day appeal periods.
    (f) Addresses. The addresses of the appropriate officials to whom 
appeals may be taken shall be furnished in each decision or order.
    (g) Suspension pending appeal. Compliance with any decision or order 
of a refuge manager shall not be suspended by reason of an appeal having 
been

[[Page 164]]

taken unless such suspension is authorized in writing by the area 
manager or regional director (depending upon the official before whom 
the appeal is pending), and then only upon a determination by these 
officials that such suspension will not be detrimental to the interests 
of the United States or upon submission and acceptance of a bond deemed 
adequate to indemnify the United States from loss or damage.

[42 FR 64120, Dec. 22, 1977. Redesignated at 51 FR 7575, Mar. 5, 1986]



                       Subpart E_Fees and Charges

    Source: 52 FR 29860, Aug. 12, 1987, unless otherwise noted.



Sec. 25.51  General provisions.

    Reasonable charges and fees may be established for public 
recreational use of and, except in Alaska, entrance onto national 
wildlife refuges. Regulations regarding recreational use fees are 
contained in 36 CFR part 71. Regulations regarding entrance fees are 
contained in this subpart E.



Sec. 25.52  Designation.

    To be designated as an ``Entrance Fee Area'', a unit of the National 
Wildlife Refuge System must be found to demonstrate that:
    (a) The level of visitation for recreational purposes is high enough 
to justify the collection of fees for admission permits for economic 
reasons;
    (b) There is a practical mechanism in existence for implementing and 
operating a system of collecting fees for admission permits; and
    (c) Imposition of a fee for admission permits is not likely to 
result in undue economic hardship for a significant number of visitors 
to the unit.



Sec. 25.53  Establishment of single visit entrance fees.

    Entrance fees established for single visit permits at a designated 
Entrance Fee Area shall consider the following criteria with regard to 
the local area within which the refuge is located:
    (a) The direct and indirect cost to the Government.
    (b) The benefits to the permit holder.
    (c) The public policy or interest served.
    (d) The comparable fees charged by non-Federal public agencies.
    (e) The economic and administrative feasibility of fee collection.



Sec. 25.54  Posting and public notification.

    The public shall be notified that an entrance fee is charged through 
refuge publications and posted designation signs in accordance with 
Sec. 25.31 of this part.



Sec. 25.55  Refuge admission permits.

    (a) Unless otherwise provided, persons entering an Entrance Fee Area 
shall obtain and be in possession of a valid admission permit.
    (b) The following five types of permits allowing entrance onto an 
Entrance Fee Area will be available for issue or purchase at such area 
and, except for refuge-specific permits, at Fish and Wildlife Service 
Regional and Washington, DC Offices, and at other locations as may be 
designated.
    (1) Single visit permit with a charge not to exceed $3 per person or 
$7.50 per noncommercial vehicle (single visit can be defined as 1-15 
days, dependent upon a determination of the period of time reasonably 
and ordinarily necessary for such a visit at a particular refuge unit).
    (2) Golden Eagle Passport.
    (3) Golden Age Passport.
    (4) Golden Access Passport.
    (5) Federal Migratory Bird Hunting and Conservation (Duck) Stamp. To 
be valid, the Duck Stamp must be current and bear the signature of the 
holder on the front.



Sec. 25.56  Enforcement.

    Permits issued or used for entrance onto Entrance Fee Areas are 
nontransferable. Failure to pay the entrance fee, to display upon 
request of an authorized official a valid permit, or to comply with 
other entrance fee provisions, rules or regulations, will be subject to 
the penalties prescribed in 50 CFR 28.31.



Sec. 25.57  Exceptions and exemptions.

    At Entrance Fee Areas:

[[Page 165]]

    (a) Special admission permits for uses, such as group activities, 
may be issued.
    (b) No entrance fee shall be charged for persons under 16 years of 
age.
    (c) No entrance fee shall be charged for travel by private 
noncommercial vehicle over any road or highway established as part of 
the National Federal Aid System (defined in 23 U.S.C. 101), which is 
commonly used by the public as a means of travel between two places 
which are outside the Entrance Fee Area.
    (d) No entrance fee shall be charged for travel by private 
noncommercial vehicle over any road or highway to any land in which such 
person has a property interest if such land is within any Entrance Fee 
Area.
    (e) Persons accompanying the holder of a valid single visit permit, 
Federal Duck Stamp or Golden Eagle, Age, or Access Passport in a single, 
private, noncommercial vehicle shall be entitled to general entrance.
    (f) Where entry is by any means other than single, private, 
noncommercial vehicle, the spouse, children, or parents accompanying the 
holder of a valid single visit permit, Federal Duck Stamp or Golden 
Eagle, Age, or Access Passport shall be entitled to general entrance.



                          Subpart F_Concessions



Sec. 25.61  General provisions.

    Public use facilities may be operated by concessionaires or 
cooperators under appropriate contact or legal agreement on national 
wildlife refuges where there is a demonstrated justified need for 
services or facilities including, but not limited to, boat rentals, 
swimming facilities, conducted tours of special natural attractions, 
shelters, tables, trailer lots, food, lodging, and related service.



                      Subpart G_Safety Regulations



Sec. 25.71  Public safety.

    Persons using national wildlife refuges shall comply with the safety 
requirements which are established under the provisions of this 
subchapter C for each individual refuge and with any safety provisions 
which may be included in leases, agreements, or use permits.



Sec. 25.72  Reporting of accidents.

    Accidents involving damage to property, injury to the public or 
injury to wildlife that occur within the boundaries of any national 
wildlife refuge are to be reported as soon as possible, but in no event 
later than 24 hours after the accident, by the persons involved, to the 
refuge manager or other personnel on duty at the national wildlife 
refuge headquarters. This report does not relieve persons from the 
responsibility of making any other accident reports which may be 
required.



PART 26_PUBLIC ENTRY AND USE--Table of Contents




                         Subpart A_Introduction

Sec.
26.11 Purpose of regulations.

                         Subpart B_Public Entry

26.21 General trespass provision.
26.22 General exception for entry.
26.23 Exception for entry to the headquarters office.
26.24 Exception for entry when accompanied by refuge personnel.
26.25 Exception for entry to persons with an economic use privilege.
26.26 Exception for entry for use of emergency shelter.
26.27 Exception for entry on designated routes of travel.

                   Subpart C_Public Use and Recreation

26.31 General provisions.
26.32 Recreational uses.
26.33 Special regulations.
26.34 Special regulations concerning public access, use and recreation 
          for individual national wildlife refuges.
26.35 Cabin sites.
26.36 Public assemblies and meetings.
26.41 What is the process for determining if a use of a national 
          wildlife refuge is a compatible use?

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 715i; Pub. L. 
96-315 (94 Stat. 958) and Pub. L. 98-146 (97 Stat. 955).

    Source: 41 FR 9167, Mar. 3, 1976, unless otherwise noted.

[[Page 166]]



                         Subpart A_Introduction



Sec. 26.11  Purpose of regulations.

    The regulations in this part govern the circumstances under which 
the public can enter and use a national wildlife refuge.



                         Subpart B_Public Entry



Sec. 26.21  General trespass provision.

    (a) No person shall trespass, including but not limited to entering, 
occupying, using, or being upon, any national wildlife refuge, except as 
specifically authorized in this subchapter C or in other applicable 
Federal regulations.
    (b) No unconfined domestic animals, including but not limited to 
dogs, hogs, cats, horses, sheep and cattle, shall be permitted to enter 
upon any national wildlife refuge or to roam at large upon such an area, 
except as specifically authorized under the provisions of Sec. 26.34, 
Sec. 27.91 or Sec. 29.2 of this subchapter C.



Sec. 26.22  General exception for entry.

    (a) Any person entering or using any national wildlife refuge will 
comply with the regulations in this subchapter C, the provisions of any 
special regulations and any other official notification as is 
appropriate under Sec. 25.31.
    (b) A permit shall be required for any person entering a national 
wildlife refuge, unless otherwise provided under the provisions of 
subchapter C. The permittee will abide by all the terms and conditions 
set forth in the permit.



Sec. 26.23  Exception for entry to the headquarters office.

    The headquarters office of any national wildlife refuge is open to 
public access and admission during regularly established business hours.



Sec. 26.24  Exception for entry when accompanied by refuge personnel.

    A permit is not required for access to any part of a national 
wildlife refuge by a person when accompanied by refuge personnel.



Sec. 26.25  Exception for entry to persons with an economic use privilege.

    Access to and travel upon a national wildlife refuge by a person 
granted economic use privileges on that national wildlife refuge should 
be restricted to a specified area in accordance with the provisions of 
their agreement, lease, or permit.



Sec. 26.26  Exception for entry for use of emergency shelter.

    A permit is not required for access to any national wildlife area 
for temporary shelter or temporary protection in the event of emergency 
conditions.



Sec. 26.27  Exception for entry on designated routes of travel.

    A permit is not required to enter, travel on, and exit from any 
national wildlife refuge on public waters and roads, and such roads, 
trails, footpaths, walkways, or other routes and areas which are 
designated for public use under the provisions of this subchapter C.



                   Subpart C_Public Use and Recreation



Sec. 26.31  General provisions.

    Public recreation will be permitted on national wildlife refuges as 
an appropriate incidental or secondary use, only after it has been 
determined that such recreational use is practicable and not 
inconsistent with the primary objectives for which each particular area 
was established or with other authorized Federal operations.



Sec. 26.32  Recreational uses.

    Recreational uses such as, but not limited to, sightseeing, nature 
observation and photography, interpretive centers and exhibits, hunting 
and fishing, bathing, boating, camping, ice skating, picnicking, 
swimming, water skiing, and other similar activities may be permitted on 
national wildlife refuges. When such uses are permitted the public will 
be notified under the provisions of this subchapter C.



Sec. 26.33  Special regulations.

    (a) Special regulations shall be issued for public use, access, and 
recreation

[[Page 167]]

within certain individual national wildlife refuges where there is a 
need to amend, modify, relax or make more stringent the regulations 
contained in this subchapter C. The issued special regulations will 
supplement the provisions in this part 26.
    (b) Special recreational use regulations may contain the following 
items:
    (1) Recreational uses authorized.
    (2) Seasons, period, or specific time of use.
    (3) Description of areas open to recreation.
    (4) Specific conditions or requirements.
    (5) Other provisions.
    (6) Special regulations for public use, access, and recreation are 
published in the daily issue of the Federal Register and may be codified 
in the Code of Federal Regulations. They shall be issued in compliance 
with procedures contained in the Departmental Manual.



Sec. 26.34  Special regulations concerning public access, use and recreation for individual national wildlife refuges.

                                Virginia

                    Back Bay National Wildlife Refuge

                                 Access

    (a) Access qualifications and specifications. (1) As provided for in 
Pub. L. 96-315, permanent, full-time residents who can furnish to the 
refuge manager, Back Bay NWR, adequate proof of continuous and 
continuing residency, commencing prior to December 31, 1979, on the 
Outer Banks from the refuge boundary south to and including the village 
of Corolla, North Carolina, as long as they remain permanent, full-time 
residents. The south boundary of the area for access consideration is 
defined as a straight east-west line extending from Currituck Sound to 
the Atlantic Ocean and passing through a point 1,600 feet due south of 
the Currituck lighthouse. ``Residence'' means a place of general abode; 
``Place of general abode'' means a person's principal, actual dwelling 
place in fact, without regard to intent. A ``dwelling'' means a 
residential structure occupied on a year-round basis by the permit 
applicant and shall not include seasonal or part-time dwelling units 
such as beach houses, vacation cabins, or structures which are 
intermittently occupied.
    (2) As provided for in Pub. L. 98-146, ``Up to 15 additional permits 
shall be granted to those persons meeting any one of the following 
conditions:''
    (i) A resident as of July 1, 1982, who held a valid Service access 
permit for improved property owners at any time during the period from 
July 29, 1976, through December 31, 1979.
    (ii) Anyone in continuous residency since 1976, in the area bounded 
on the north by the refuge boundary, and on the south by a straight line 
passing through a point in the east-west prolongation of the centerline 
of Albacore Street, Whaleshead Club Subdivision, Currituck County, North 
Carolina.
    (iii) Any permanent, full time resident as of April 1, 1983, 
residing in the area outlined in paragraph (a)(2)(ii) of this section 
and not otherwise eligible, who can substantiate to the Secretary of the 
Interior that access is essential to their maintaining a livelihood; so 
long as they maintain full-time continuous employment in the Norfolk, 
Virginia, area may qualify for access.
    (3) The burden of proving that the prospective permittee meets these 
criteria shall be on the applicant by presentation of adequate 
documentation to the refuge manager. Permittees may be required to 
submit additional documentation of their eligibility to the refuge 
manager in order to maintain access. Permits will be issued only to 
those who legally qualify for them.
    (4) Only one permit will be issued per family. All permits issued 
will be terminated in the event that alternate access becomes available 
during the permit period.
    (5) Permits are issued for the purpose of providing ingress and 
egress across the refuge beach to the permittee's residence. Personal 
access is limited to permittees, their families, relatives, and guests 
while being transported in the permittee's vehicle. ``Personal access'' 
means private, non-commercial use. Permits are not transferable by sale 
or devise.
    (6) All vehicle occupants must provide positive identification upon 
the request of any refuge official.

[[Page 168]]

    (b) Routes of travel. Access to, and travel along, the refuge beach 
by motorized vehicles may be allowed between the dune crossing at the 
key card operated gate near the refuge headquarters, and the south 
boundary of the refuge only after a permit has been issued or 
authorization provided by the refuge manager. Travel along the refuge 
beach by motorized vehicle shall be below the high tide line, within the 
intertidal zone, to the maximum extent practicable. This may require 
permittees to adjust their travel times to avoid high tides which would 
require the use of the emergency storm access/evacuation route over the 
east dike.
    (c) Number of trips allowed. Permittees and members of their 
immediate families residing with them are limited to a total of two 
round trips per day per household.
    (d) Hours of travel. Travel along the designated route is permitted 
24 hours per day from October 1 through April 30. Travel is restricted 
to the hours of 5:00 a.m. to 12:00 midnight from May 1 through September 
30.
    (e) Medical emergencies. Private vehicles used in a medical 
emergency will be granted access. A ``medical emergency'' means any 
condition that threatens human life or limb unless medical treatment is 
immediately obtained.

The vehicle operator is required to provide the refuge manager with a 
doctor's statement confirming the emergency within 36 hours after the 
access has occurred.
    (f) Military, fire or emergency vehicles. Military, fire, emergency 
or law enforcement vehicles used for emergency purposes may be granted 
access. Vehicles used by an employee/agent of the Federal, State or 
local government, in the course of official duty other than for 
emergency purposes, may be granted access upon advance request to the 
refuge manager. Continuous or recurring use of the refuge beach for 
other than emergency purposes shall require the issuance of a permit 
from the refuge manager.
    (g) Public utility vehicles. Public utility vehicles used on 
official business will be granted access. A permit specifying the times 
and types of access will be issued by the refuge manager. A ``public 
utility vehicle'' means any vehicle owned or operated by a public 
utility company enfranchised to supply Outer Banks residents with 
electricity or telephone service.
    (h) Essential commercial service vehicles. (1) Essential commercial 
service vehicles on business calls during the hours of 8 a.m.-5 p.m. 
Monday through Friday will be granted access, only upon prior approval 
of the refuge manager when responding to a request from a permittee. 
Such requests may be verbal or in writing. Access by essential 
commercial service vehicles will be granted only after all other 
reasonable alternatives to access through the refuge have been exhausted 
as determined by the refuge manager.
    (2) ``Commercial service vehicle'' means any vehicle owned or 
operated by or on behalf of an individual, partnership, or corporation 
that is properly licensed to engage entirely in the business of 
furnishing emergency repair services, including but not limited to 
plumbing, electrical, and repairs to household appliances.
    (3) Emergency situations. The refuge manager, upon reasonable 
notification, will be able to authorize essential service/emergency 
repair access, outside the prescribed time periods, for emergency 
situations should they arise.
    (i) False Cape State Park employees. False Cape State Park and 
Virginia Game Commission employees who are residents in the park will be 
considered as permanent, full-time residents as defined in Sec. 
26.34(a) with access privileges identical to those of other permittees 
with beach access privileges.
    (j) Commercial fishermen, businesses and their employees. (1) 
Commercial fishermen who have verified that their fishing operations on 
the Outer Banks of Virginia Beach, Virginia, or Currituck County, North 
Carolina, have been dependent since 1972 on ingress and egress to or 
across the refuge are granted permits for access. Travel through the 
refuge by commercial fishermen from Currituck County, North Carolina, 
will be permitted only when directly associated with commercial fishing 
operations. Drivers and passengers on trips through the refuge are 
limited to commercial fishing crew members. A commercial fisherman means

[[Page 169]]

one who harvests finfish by gill net or haul seine in the Atlantic 
Ocean, and who has owned and operated a commercial fishing businesses 
continuously since 1972. Commercial permits are not transferable by sale 
or devise. The level of commercial permittee travel across the refuge 
shall not increase above the average yearly levels maintained in the 
1985-1987 period.
    (2) Other businesses who have verified that their business 
operations on the Outer Banks of Currituck County, North Carolina, have 
been dependent since 1972 on ingress and egress to or across the refuge 
will be granted permits for access in accordance with the limitations 
outlined in paragraph (j)(1) of this section.
    (3) Each commercial fisherman or other business may be granted a 
maximum of five designated employees to travel the refuge beach for 
commercial fishing or other business-related purposes only. Commercial 
fishing employees may carry only other commercial fishing employees as 
passengers. Other business employees may carry only other employees of 
that business. The hauling of trailers associated with the conduct of 
commercial fishing or other business activities is authorized.
    (4) Employees of commercial fishermen and/or other businesses who 
apply for access permits shall have the burden of proving, by the 
presentation of appropriate documentation to the refuge manager, that 
they are an ``employee'' for purposes of this section of the 
regulations. Appropriate documentation is defined as the submission of 
standardized and verifiable employment forms including: Signed W-2 and 
W-4 forms, IRS form 1099, official earnings statements for 
specified periods, employee income tax withholding submissions to State 
and Federal tax offices (e.g., IRS form W-3 with W-2s attached), State 
unemployment tax information or other proof of actual employment. 
Documentation for each employee must be submitted in advance of access 
being granted, or, for new employees, within 30 days of their starting 
date. Failure to provide verification of employment for new employees 
within 30 days will result in termination of access privileges.
    (k) Suspension or waiver of rules. (1) In an emergency, the refuge 
manager may suspend any or all of the foregoing restrictions on 
vehicular travel and announce each suspension by whatever means are 
available. In the event of adverse weather conditions, the refuge 
manager may close all or any portion of the refuge to vehicular traffic 
for such periods as deemed advisable in the interest of public safety.
    (2) The refuge manager may make exceptions to access restrictions, 
if they are compatible with refuge purposes, for qualified permittees 
who have demonstrated to the refuge manager a need for additional access 
relating to health or livelihood.
    (3) The refuge manager may grant one-time use authorization for 
vehicular access through the refuge to individuals, not otherwise 
qualified above, who have demonstrated to the refuge manager that there 
is no feasible alternative to the access requested. Authorization for 
access under this provision will not be based on convenience to the 
applicant.
    (4) Medical access waiver permits may be issued under the following 
conditions:
    (i) The Regional Director may grant access to non-eligible permanent 
residents who can show proof that their physical health is such that 
life-threatening situations may result from more arduous travel 
conditions. The submission of substantiating medical records is required 
to be considered for a medical access waiver.
    (ii) All medical access waiver permittees will be required to prove 
that their medical condition is or continues to be such that a life-
threatening situation would result from more arduous travel conditions. 
Such proof shall be required prior to the issuance of an access permit, 
and at 3-year intervals thereafter.
    (iii) A second medical opinion will be required by the Regional 
Director prior to the issuance or re-issuance of any such permit. This 
second opinion will be provided for at Service expense, by a government 
designated physician.
    (iv) No additional medical access waiver permits will be issued 
after December 31, 1987.

[[Page 170]]

    (v) Previous holders of medical access waiver permits will retain 
access subject to paragraph (k)(4) (ii) and (iii) of this section.
    (l) Violation of rules. Violators of these special regulations 
pertaining to Back Bay NWR are subject to legal action as prescribed by 
50 CFR 25.43 and part 28, including suspension or revocation of all 
permits issued to the violator or responsible permittee. The refuge 
manager may deny access permits to applicants who, during the 2 years 
immediately preceding the date of application, have formally been 
charged and successfully prosecuted for three or more violations of 
these or other regulations in effect at Back Bay NWR. Individuals whose 
vehicle access privileges are suspended, revoked, or denied may, within 
30 days, file a written appeal of the action to the Assistant Regional 
Director-Refuges and Wildlife, One Gateway Center, Suite 700, Newton 
Corner, Massachusetts 02158, in accordance with 50 CFR 25.45(c).
    (m) Other access rules. (1) No permit will remain in effect beyond 
December 31 of the year in which it was issued. Permits may be renewed 
upon the submission of appropriate updated information relating to the 
permit, and a signed statement that the conditions under which the 
previous permit was issued have not changed. In the event of any changes 
of conditions under which the permit is granted, the permittee shall 
notify the refuge manager in writing within 30 days. Failure to report 
changes may result in suspension/revocation of the permit.
    (2) Vehicles shall be operated on the refuge beach only by the 
permittee or other authorized drivers. Permit holders shall not tow, 
transport or operate vehicles owned by non-permit holders through the 
refuge. Non-commercial permit holders may tow utility and boat trailers 
when being used for their personal use only. Any towed vehicle shall 
have advance approval from the refuge manager prior to being brought 
through the refuge. This access privilege is not to be used for any 
commercial purpose.
    (3) The refuge manager may prescribe restrictions as to the types of 
vehicles to be permitted to ensure public safety and adherence to all 
applicable rules and regulations.
    (4) A magnetic card will be issued to each authorized driver only 
for his or her operation of the computer controlled gate. No more than 
two cards will be issued per family. Only one vehicle will be permitted 
to pass for each gate opening. Unauthorized use of the magnetic card may 
result in suspension of the permit. A fee will be charged to replace 
lost or misplaced cards. Malfunctioning cards will be replaced at no 
charge.
    (5) Access is granted for the purpose of travel to and from the 
permittee's residence and/or place of business. Access is not authorized 
for the purpose of transporting individuals for hire, or for the 
transport of prospective real estate clients to or from the Outer Banks 
of North Carolina, or for any other purpose not covered in this rule.

                              General Rules

    (n) Entry on foot, bicycle or motor vehicle. Entry on foot, bicycle, 
or by motor vehicle on designated routes is permitted one-half hour 
before sunrise to one-half hour after sunset for the purposes of nature 
observation and study, photography, hiking, surf fishing, and bicycling.
    (o) Beach-oriented uses. Designated areas of the refuge beach are 
open to wildlife/wildlands-oriented recreation only as outlined in 
paragraph (n) of this section. Entry to the beach is via designated 
access points only.
    (p) Parking. Limited parking at the refuge office/visitor contact 
station is permitted only in designated spaces. Parking is available on 
a first-come, first-serve basis for persons engaged in wildlife/
wildlands-oriented recreation only as outlined in paragraph (n) of this 
section.
    (q) Fires. All fires are prohibited.
    (r) Pets. Dogs and other pets, on a hand-held leash not exceeding 10 
feet in length, are permitted from October 1 through March 31.
    (s) Other general rules. (1) Pedestrians and vehicular traffic in 
the sand dunes are prohibited.
    (2) Use by all groups exceeding 10 individuals will require a 
Special Use Permit, issued by the refuge manager.

[[Page 171]]

    (3) Registered motor vehicles and motorized bicycles (mopeds) are 
permitted on the paved refuge access road and parking lot at refuge 
headquarters. All other motorized vehicular use is prohibited, except as 
specifically authorized pursuant to this rule.
    (4) The information collection requirement contained in this rule 
has been approved by the Office of Management and Budget under 44 U.S.C. 
3501, et seq., and has been assigned the number 1018-0014. The 
information being collected is used to determine eligibility for issuing 
a vehicular access permit and a response is required to obtain a 
benefit.

[52 FR 35715, Sept. 23, 1987]

    Editorial Note: For Federal Register citations to regulations 
affecting temporary and special regulations on national wildlife 
refuges, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 26.35  Cabin sites.

    (a) There shall be no new private cabin site permits issued for 
national wildlife refuges. All appropriate provisions of 43 CFR part 21 
apply to the phaseout of existing permits on national wildlife refuges.
    (b) No new government owned cabin site permits for private 
recreational purposes shall be issued nor shall existing permits be 
renewed.



Sec. 26.36  Public assemblies and meetings.

    (a) Public meetings, assemblies, demonstrations, parades and other 
public expressions of view may be permitted within a national wildlife 
refuge open to public use, provided a permit therefore has been issued 
by the refuge manager.
    (b) Any application for such permit shall set forth the name of the 
applicant, the date, time, duration, nature and place of the proposed 
event, an estimate of the number of persons expected to attend, and a 
statement of equipment and facilities to be used in connection 
therewith.
    (c) The refuge manager may issue a permit on proper application 
unless:
    (1) A prior application for the same time and place has been made 
which has been or will be granted; or
    (2) The activity will present a clear and present danger to public 
health or safety, or undue disturbance to the other users or resources 
of the area; or
    (3) The activity is of such nature that it cannot be reasonably 
accommodated in the particular national wildlife refuge; or
    (4) The activity conflicts with the purposes of the national 
wildlife refuge.
    (d) The permit may contain such conditions as are reasonably 
consistent with protection and use of the national wildlife refuge for 
the purpose for which it is maintained. It may also contain reasonable 
limitations on the time and area within which the activity is permitted.



Sec. 26.41  What is the process for determining if a use of a national wildlife refuge is a compatible use?

    The Refuge Manager will not initiate or permit a new use of a 
national wildlife refuge or expand, renew, or extend an existing use of 
a national wildlife refuge, unless the Refuge Manager has determined 
that the use is a compatible use. This section provides guidelines for 
making compatibility determinations, and procedures for documenting 
compatibility determinations and for periodic review of compatibility 
determinations. We will usually complete compatibility determinations as 
part of the comprehensive conservation plan or step-down management plan 
process for individual uses, specific use programs, or groups of related 
uses described in the plan. We will make all compatibility 
determinations in writing.
    (a) What information do we include in a compatibility determination? 
All compatibility determinations will include the following information:
    (1) The proposed or existing use;
    (2) The name of the national wildlife refuge;
    (3) The authorities used to establish the national wildlife refuge;
    (4) The purpose(s) of the national wildlife refuge;
    (5) The National Wildlife Refuge System mission;

[[Page 172]]

    (6) The nature and extent of the use including the following:
    (i) What is the use? Is the use a priority public use?;
    (ii) Where would the use be conducted?;
    (iii) When would the use be conducted?;
    (iv) How would the use be conducted?; and
    (v) Why is the use being proposed?.
    (7) An analysis of costs for administering and managing each use;
    (8) The anticipated impacts of the use on the national wildlife 
refuge's purposes and the National Wildlife Refuge System mission;
    (9) The amount of opportunity for public review and comment 
provided;
    (10) Whether the use is compatible or not compatible (does it or 
will it materially interfere with or detract from the fulfillment of the 
National Wildlife Refuge System mission or the purpose(s) of the 
national wildlife refuge);
    (11) Stipulations necessary to ensure compatibility;
    (12) A logical explanation describing how the proposed use would, or 
would not, materially interfere with or detract from the fulfillment of 
the National Wildlife Refuge System mission or the purpose(s) of the 
national wildlife refuge;
    (13) The Refuge Manager's signature and date signed; and
    (14) The Regional Chief's concurrence signature and date signed.
    (15) The mandatory 10- or 15-year re-evaluation date.
    (b) Making a use compatible through replacement of lost habitat 
values or other compensatory mitigation. We will not allow compensatory 
mitigation to make a proposed refuge use compatible, except by 
replacement of lost habitat values as provided in paragraph (c) of this 
section. If we cannot make the proposed use compatible with stipulations 
we cannot allow the use.
    (c) Existing right-of-ways. We will not make a compatibility 
determination and will deny any request for maintenance of an existing 
right-of-way which will affect a unit of the National Wildlife Refuge 
System, unless: the design adopts appropriate measures to avoid resource 
impacts and includes provisions to ensure no net loss of habitat 
quantity and quality; restored or replacement areas identified in the 
design are afforded permanent protection as part of the national 
wildlife refuge or wetland management district affected by the 
maintenance; and all restoration work is completed by the applicant 
prior to any title transfer or recording of the easement, if applicable. 
Maintenance of an existing right-of-way includes minor expansion or 
minor realignment to meet safety standards.
    (d) Termination of uses that are not compatible. When we determine 
an existing use is not compatible, we will expeditiously terminate or 
modify the use to make it compatible. Except with written authorization 
by the Director, this process of termination or modification will not 
exceed 6 months from the date that the compatibility determination is 
signed.

[65 FR 62482, Oct. 18, 2000]



PART 27_PROHIBITED ACTS--Table of Contents




                         Subpart A_Introduction

Sec.
27.11 Purpose of regulations.

                       Subpart B_Taking Violations

27.21 General provisions.

             Subpart C_Disturbing Violations: With Vehicles

27.31 General provisions regarding vehicles.
27.32 Boats.
27.33 Water skiing.
27.34 Aircraft.

              Subpart D_Disturbing Violations: With Weapons

27.41 General provisions.
27.42 Firearms.
27.43 Weapons other than firearms.

       Subpart E_Disturbing Violations: Against Plants and Animals

27.51 Disturbing, injuring, and damaging plants and animals.
27.52 Introduction of plants and animals.

      Subpart F_Disturbing Violations: Against Nonwildlife Property

27.61 Destruction or removal of property.
27.62 Search for and removal of objects of antiquity.

[[Page 173]]

27.63 Search for and removal of other valued objects.
27.64 Prospecting and mining.
27.65 Tampering with vehicles and equipment.

       Subpart G_Disturbing Violations: Light and Sound Equipment

27.71 Motion or sound pictures.
27.72 Audio equipment.
27.73 Artificial lights.

            Subpart H_Disturbing Violations: Personal Conduct

27.81 Alcoholic beverages.
27.82 Possession and delivery of controlled substances.
27.83 Indecency and disorderly conduct.
27.84 Interference with persons engaged in authorized activities.
27.85 Gambling.
27.86 Begging.

                  Subpart I_Other Disturbing Violations

27.91 Field trials.
27.92 Private structures.
27.93 Abandonment of property.
27.94 Disposal of waste.
27.95 Fires.
27.96 Advertising.
27.97 Private operations.

    Authority: Sec. 2, 33 Stat. 614, as amended (16 U.S.C. 685); Sec. 5, 
43 Stat. 651 (16 U.S.C. 725); Sec. 5, Stat. 449 (16 U.S.C. 690d); Sec. 
10, 45 Stat. 1224 (16 U.S.C. 715i); Sec. 4, 48 Stat. 402, as amended (16 
U.S.C. 664); Sec. 2, 48 Stat. 1270 (43 U.S.C. 315a); 49 Stat. 383 as 
amended; Sec. 4, 76 Stat. (16 U.S.C. 460k); Sec. 4, 80 Stat. 927 (16 
U.S.C. 668dd) (5 U.S.C. 685, 752, 690d); 16 U.S.C. 715s).

    Source: 41 FR 9168, Mar. 3, 1976, unless otherwise noted.



                         Subpart A_Introduction



Sec. 27.11  Purpose of regulations.

    The regulations in this part 27 govern those acts by the public 
which are prohibited at all times except as permitted in this part, part 
26, and part 25, subpart D--Permits.

[42 FR 56954, Oct. 31, 1977]



                       Subpart B_Taking Violations



Sec. 27.21  General provisions.

    No person shall take any animal or plant on any national wildlife 
refuge, except as authorized under 50 CFR 27.51 and parts 31, 32, and 33 
of this subchapter C.



             Subpart C_Disturbing Violations: With Vehicles



Sec. 27.31  General provisions regarding vehicles.

    Travel in or use of any motorized or other vehicles, including those 
used on air, water, ice, snow, is prohibited on national wildlife 
refuges except on designated routes of travel, as indicated by the 
appropriate traffic control signs or signals and in designated areas 
posted or delineated on maps by the refuge manager and subject to the 
following requirements and limitations:
    (a) Unless specifically covered by the general and special 
regulations set forth in this chapter, the laws and regulations of the 
State within whose exterior boundaries a national wildlife refuge or 
portion thereof is located shall govern traffic and the operation and 
use of vehicles. Such State laws and regulations which are now or may 
hereafter be in effect are hereby adopted and made a part of the 
regulations in this part.
    (b) No operator of a vehicle shall be under the influence of 
intoxicating beverages or controlled substances.
    (c) Driving or operating any vehicle carelessly or heedlessly, or in 
willful or wanton disregard for the rights or safety of other persons, 
or without due care or at a speed greater than is reasonable and prudent 
under prevailing conditions, having regard to traffic, weather, 
wildlife, road, and light conditions, and surface, width, and character 
of the travel way is prohibited. Every operator shall maintain such 
control of the vehicle as may be necessary to avoid danger to persons or 
property or wildlife.
    (d) The vehicle speed limit shall not exceed 25 m.p.h. except as 
otherwise legally posted.
    (e)(1) Every motor vehicle shall at all time be equipped with a 
muffler in good working order, and which cannot be removed or otherwise 
altered while the vehicle is being operated on a national wildlife 
refuge. To prevent excessive or unusual noise no person shall use a 
muffler cut-out, bypass, or similar device upon a motor vehicle. A

[[Page 174]]

vehicle that produces unusual or excessive noise or visible pollutants 
is prohibited.
    (2) A refuge manager, by posting of appropriate signs or by marking 
on a map which shall be available at the refuge headquarters, may 
require that any motor vehicle operating in the designated area shall be 
equipped with a spark arrestor that meets Standard 5100-1a of the U.S. 
Forest Service, Department of Agriculture which standard includes the 
requirements that such spark arrestor shall have an efficiency to retain 
or destroy at least 80 percent of carbon particles, for all flow rates, 
and that such spark arrestor has been warranted by its manufacturer as 
meeting the above mentioned efficiency requirement for at least 1,000 
hours, subject to normal use, with maintenance and mounting in 
accordance with the manufacturers recommendations.
    (f) The operation of a vehicle which does not bear valid license 
plates and is not properly certified, registered, or inspected in 
accordance with applicable State laws is prohibited.
    (g) Driving or permitting another person to drive a vehicle without 
valid license is prohibited. A valid driver's or operator's license must 
be displayed upon the request of any authorized official.
    (h) Stopping, parking or leaving any vehicle, whether attended or 
unattended, upon any road, trail, or fire lane so as to obstruct the 
free movement of other vehicles is prohibited, except in the event of 
accident or other conditions beyond the immediate control of the 
operator, or as otherwise directed by an authorized official.
    (i) All persons shall obey the lawful order or signal of any 
authorized official directing, controlling, or regulating the movement 
of traffic.
    (j) Load, weight and width limitations, as may be necessary, shall 
be prescribed and the public advised under provisions of Sec. 25.31. 
Such limitations must be complied with by the operators of all vehicles.
    (k) A motor vehicle involved in an accident is not to be moved until 
an authorized official arrives at the scene of the accident, unless such 
vehicle constitutes a traffic or safety hazard.
    (l) A motor vehicle shall not be operated at anytime without proper 
brakes and brake lights, or from sunset to sunrise without working 
headlights and taillights which comply with the regulations for 
operation on the roads of the State within whose boundaries the refuge 
is located.
    (m) Such other requirements which are established under the 
provisions of this subchapter C.



Sec. 27.32  Boats.

    (a) The use of boats in national wildlife refuges is prohibited 
except as may be authorized under and subject to the requirements set 
forth below.
    (b) When the use of boats is permitted on any national wildlife 
refuge, the public will be notified under the provisions of this 
subchapter C and the following operational requirements and limitations 
will apply:
    (1)(i) In addition to the regulations contained in this part, the 
U.S. Coast Guard Regulations, titles 33 and 46 CFR, are applicable on 
navigable waters of the United States.
    (ii) Unless specifically covered by the general and special 
regulations set forth in this chapter, the laws and regulations of the 
State within whose exterior boundaries a national wildlife refuge or 
portion thereof is located shall govern boating and the operation and 
use of boats. Such laws and regulations which are now or may hereafter 
be in effect are hereby adopted and made a part of the regulations in 
this part.
    (2) No operator or person in charge of any boat shall operate or 
knowingly permit any other person to operate a boat in a reckless or 
negligent manner, or in a manner so as to endanger or be likely to 
endanger any person, property or wildlife.
    (3) No person shall operate or be in actual physical control of a 
boat while under the influence of intoxicating beverages or controlled 
substances.
    (4) No person shall operate a boat in a manner which will 
unreasonably interfere with other boats or with free and proper 
navigation of the waterways of the areas. Anchoring in heavily traveled 
channels or main thoroughfares shall constitute such interference

[[Page 175]]

if unreasonable in the prevailing circumstances.
    (5) No person shall operate a boat on refuge waters that has a 
marine head (toilet) unless it conforms to Environmental Protection 
Agency regulations regarding sewage discharge.
    (6) Every sailboat when underway from sunset to sunrise shall carry 
and exhibit a bright white light visible all around the horizon for a 
distance of two miles.
    (7) Leaving any boat unattended, outside of designated mooring or 
beaching areas, for a period in excess of 72 hours without written 
permission of the refuge manager is prohibited and any boat so left may 
be impounded by the refuge manager.
    (8) Government-owned docks, piers, and floats are not to be used for 
loading and unloading of boats, except in emergencies or unless 
specifically authorized by the refuge manager.



Sec. 27.33  Water skiing.

    When water skiing is permitted upon national wildlife refuge waters, 
the public will be notified under the provisions of this subchapter C 
and the following requirements and limitations will apply:
    (a) Water skiing is permitted only during daylight hours and during 
periods posted or otherwise designated under the provisions of this 
subchapter C.
    (b) When a skier is in ``tow'' there must be two persons in the boat 
at all times, with one person not operating the boat, acting as an 
observer of the skier in tow.
    (c) The direction of a tow boat when circling will be counter 
clockwise.
    (d) Skiers must wear U.S. Coast Guard approved ski belts, life 
jackets or buoyant vests.
    (e) Water skiing is prohibited within 300 feet of harbors, swimming 
beaches, and mooring areas, and within 100 feet of any designated 
swimming area.



Sec. 27.34  Aircraft.

    The unauthorized operation of aircraft, including sail planes, and 
hang gliders, at altitudes resulting in harassment of wildlife, or the 
unauthorized landing or take-off on a national wildlife refuge, except 
in an emergency, is prohibited. National wildlife refuge boundaries are 
designated on up-date FAA aeronautical charts.



              Subpart D_Disturbing Violations: With Weapons



Sec. 27.41  General provisions.

    Carrying, possessing, or discharging firearms, fireworks, or 
explosives on national wildlife refuges is prohibited unless 
specifically authorized under the provisions of this subchapter C.



Sec. 27.42  Firearms.

    Only the following persons may possess, use, or transport firearms 
on national wildlife refuges in accordance with this section and 
applicable Federal and State law:
    (a) Persons using firearms for public hunting under the provisions 
of 50 CFR part 32.
    (b) Persons carrying unloaded firearms, that are dismantled or 
cased, in vehicles and boats over routes of travel designated under the 
provision of subchapter C.
    (c) Persons authorized to use firearms for the taking of specimens 
of wildlife for scientific purposes.
    (d) Persons authorized by special regulations or permits to possess 
or use firearms for the protection of property, for field trials, and 
other special purposes.

[46 FR 47230, Sept. 25, 1981]



Sec. 27.43  Weapons other than firearms.

    The use or possession of cross bows, bows and arrows, air guns, 
spears, gigs, or other weapons on national wildlife refuges is 
prohibited except as may be authorized under the provision of this 
subchapter C.

[46 FR 47230, Sept. 25, 1981]



       Subpart E_Disturbing Violations: Against Plants and Animals



Sec. 27.51  Disturbing, injuring, and damaging plants and animals.

    (a) Disturbing, injuring, spearing, poisoning, destroying, 
collecting or attempting to disturb, injure, spear, poison, destroy or 
collect any plant or animal on any national wildlife refuge

[[Page 176]]

is prohibited except by special permit unless otherwise permitted under 
this subchapter C.
    (b) [Reserved]



Sec. 27.52  Introduction of plants and animals.

    Plants and animals or their parts taken elsewhere shall not be 
introduced, liberated, or placed on any national wildlife refuge except 
as authorized.



      Subpart F_Disturbing Violations: Against Nonwildlife Property



Sec. 27.61  Destruction or removal of property.

    The destruction, injury, defacement, disturbance, or the 
unauthorized removal of any public property including natural objects or 
private property on or from any national wildlife refuge is prohibited.



Sec. 27.62  Search for and removal of objects of antiquity.

    No person shall search for or remove from national wildlife refuges 
objects of antiquity except as may be authorized by 43 CFR part 3.



Sec. 27.63  Search for and removal of other valued objects.

    (a) No person shall search for buried treasure, treasure trove, 
valuable semi-precious rocks, stones, or mineral specimens on national 
wildlife refuges unless authorized by permit or by provision of this 
subchapter C.
    (b) Permits are required for archeological studies on national 
wildlife refuges in accordance with the provisions of this subchapter C.



Sec. 27.64  Prospecting and mining.

    Prospecting, locating, or filing mining claims on national wildlife 
refuges is prohibited unless otherwise provided by law. See Sec. 29.31 
for provisions concerning mineral leasing.

[41 FR 9168, Mar. 3, 1976, as amended at 44 FR 42976, July 23, 1979]



Sec. 27.65  Tampering with vehicles and equipment.

    Tampering with, entering, or starting any motor vehicle, boat, 
equipment or machinery or attempting to tamper with, enter, or start any 
motor vehicle, boat, equipment or machinery on any national wildlife 
refuge without proper authorization is prohibited.



       Subpart G_Disturbing Violations: Light and Sound Equipment



Sec. 27.71  Motion or sound pictures.

    The taking or filming of any motion or sound pictures on a national 
wildlife refuge for subsequent commercial use is prohibited except as 
may be authorized under the provisions of 43 CFR part 5.



Sec. 27.72  Audio equipment.

    The operation or use of audio devices including radios, recording 
and playback devices, loudspeakers, television sets, public address 
systems and musical instruments so as to cause unreasonable disturbance 
to others in the vicinity is prohibited.



Sec. 27.73  Artificial lights.

    No unauthorized person shall use or direct the rays of a spotlight 
or other artificial light, or automotive headlights for the purpose of 
spotting, locating, or taking any animal within the boundaries of any 
national wildlife refuge or along rights-of-way for public or private 
roads within a national wildlife refuge.



            Subpart H_Disturbing Violations: Personal Conduct



Sec. 27.81  Alcoholic beverages.

    Entering or remaining in any national wildlife refuge when under the 
influence of alcohol, to a degree that may endanger oneself or other 
persons or property or unreasonably annoy persons in the vicinity, is 
prohibited.



Sec. 27.82  Possession and delivery of controlled substances.

    (a) Definitions for the purpose of this section:
    (1) The term controlled substance means a drug or other substance, 
or immediate precursor, included in schedules I, II, III, IV, or V of 
part B of the Controlled Substance Act (21 U.S.C. 812) or any drug or 
substance added to

[[Page 177]]

these schedules pursuant to the terms of the Controlled Substance Act.
    (2) The term practitioner means a physician, dentist, veterinarian, 
scientific investigator, pharmacist, or other person licensed, 
registered, or otherwise permitted by the United States or the 
jurisdiction in which he practices to distribute or possess a controlled 
substance in the course of professional practice.
    (3) The term delivery means the actual, attempted or constructive 
transfer and/or distribution of a controlled substance, whether or not 
there exists an agency relationship.
    (b) Offenses. (1) The delivery of any controlled substance on a 
national wildlife refuge is prohibited, except that distributed by a 
practitioner in accordance with applicable law.
    (2) The possession of a controlled substance on a national wildlife 
refuge is prohibited unless such substance was obtained by the possessor 
directly, or pursuant to a valid prescription or order, from a 
practitioner acting in the course of his professional practice, or 
except as otherwise authorized by applicable law.
    (3) Presence in a national wildlife refuge when under the influence 
of a controlled substance to a degree that may endanger oneself, or 
another person, or property, or may cause unreasonable interference with 
another person's enjoyment of a national wildlife refuge is prohibited.



Sec. 27.83  Indecency and disorderly conduct.

    Any act of indecency or disorderly conduct as defined by State or 
local laws is prohibited on any national wildlife refuge.



Sec. 27.84  Interference with persons engaged in authorized activities.

    Disturbing, molesting, or interfering with any employee of the 
United States or of any local or State government engaged in official 
business, or with any private person engaged in the pursuit of an 
authorized activity on any national wildlife refuge is prohibited.



Sec. 27.85  Gambling.

    Gambling in any form, or the operation of gambling devices, for 
money or otherwise, on any national wildlife refuge is prohibited.



Sec. 27.86  Begging.

    Begging on any national wildlife refuge is prohibited. Soliciting of 
funds for the support or assistance of any cause or organization is also 
prohibited unless properly authorized.



                  Subpart I_Other Disturbing Violations



Sec. 27.91  Field trials.

    The conducting or operation of field trials for dogs on national 
wildlife refuges is prohibited except as may be authorized by special 
permit.



Sec. 27.92  Private structures.

    No person shall without proper authority construct, install, occupy, 
or maintain any building, log boom, pier, dock, fence, wall, pile, 
anchorage, or other structure or obstruction in any national wildlife 
refuge.



Sec. 27.93  Abandonment of property.

    Abandoning, discarding, or otherwise leaving any personal property 
in any national wildlife refuge is prohibited.



Sec. 27.94  Disposal of waste.

    (a) The littering, disposing, or dumping in any manner of garbage, 
refuse sewage, sludge, earth, rocks, or other debris on any national 
wildlife refuge except at points or locations designated by the refuge 
manager, or the draining or dumping of oil, acids, pesticide wastes, 
poisons, or any other types of chemical wastes in, or otherwise 
polluting any waters, water holes, streams or other areas within any 
national wildlife refuge is prohibited.
    (b) Persons using a national wildlife refuge shall comply with the 
sanitary requirements established under the provisions of this 
subchapter C for each individual refuge; the sanitation provisions which 
may be included in leases, agreements, or use permits, and all 
applicable Federal and State laws.

[[Page 178]]



Sec. 27.95  Fires.

    On all national wildlife refuges persons are prohibited from the 
following:
    (a) Setting on fire or causing to be set on fire any timber, brush, 
grass, or other inflammable material including camp or cooking fires, 
except as authorized by the refuge manager or at locations designated 
for that purpose or as provided for under Sec. 26.33(c) of this 
subchapter C.
    (b) Leaving a fire unattended or not completely extinguished;
    (c) Throwing a burning cigarette, match, or other lighted substance 
from any moving conveyance or throwing of same in any place where it may 
start a fire; and
    (d) Smoking on any lands, including roads, or in any buildings which 
have been designated and/or posted with no smoking signs.



Sec. 27.96  Advertising.

    Except as may be authorized, posting, distributing, or otherwise 
displaying private or public notices, advertisements, announcements, or 
displays of any kind in any national wildlife refuge, other than 
business designations on private vehicles or boats is prohibited.



Sec. 27.97  Private operations.

    Soliciting business or conducting a commercial enterprise on any 
national wildlife refuge is prohibited except as may be authorized by 
special permit.



PART 28_ENFORCEMENT, PENALTY, AND PROCEDURAL REQUIREMENTS FOR VIOLATIONS OF PARTS 25, 26, AND 27--Table of Contents




                         Subpart A_Introduction

Sec.
28.11 Purpose of regulations.

                     Subpart B_Enforcement Authority

28.21 General provisions.

                      Subpart C_Penalty Provisions

28.31 General penalty provisions.
28.32 Penalty provisions concerning fires and timber.

                    Subpart D_Impoundment Procedures

28.41 Impoundment of abandoned property.
28.42 Impounding of domestic animals.
28.43 Destruction of dogs and cats.

    Authority: Sec. 2, 33 Stat. 614, as amended (16 U.S.C. 685); sec. 5, 
43 Stat. 651 (16 U.S.C. 725); sec. 5, 45 Stat. 449 (16 U.S.C. 690d); 
sec. 10, 45 Stat. 1224 (16 U.S.C. 715i); sec. 4, 48 Stat. 402, as 
amended (16 U.S.C. 664); sec. 2, 48 Stat. 1270 (43 U.S.C. 315a); sec. 4, 
76 Stat. 654 (16 U.S.C. 460k); sec. 4, 80 Stat. 927 (16 U.S.C. 668dd) (5 
U.S.C. 301).

    Source: 41 FR 9171, Mar. 3, 1976, unless otherwise noted.



                         Subpart A_Introduction



Sec. 28.11  Purpose of regulations.

    The regulations in this part govern the enforcement, penalty and 
procedural requirements for violations of parts 25, 26, and 27.



                     Subpart B_Enforcement Authority



Sec. 28.21  General provisions.

    Refuge managers and other authorized personnel are authorized 
pursuant to authority delegated from the Secretary and which has been 
published in the Federal Register (Administrative Manual 4 AM 4.2) to 
protect fish and wildlife and their habitat and prevent their 
disturbance, to protect Service lands, property, facilities, or 
interests therein and to insure the safety of the using public to the 
fullest degree possible. The control of recreational use will be 
enforced to meet these purposes pursuant to Federal, State, and local 
laws and regulations: The provisions of this subchapter C and any 
special regulations issued pursuant thereto; and the prohibitions and 
restrictions as posted.

[41 FR 9171, Mar. 3, 1976, as amended at 44 FR 42976, July 23, 1979; 51 
FR 7575, Mar. 5, 1986]



                      Subpart C_Penalty Provisions



Sec. 28.31  General penalty provisions.

    (a) Any person who violates any of the provisions, rules, 
regulations, posted signs, or special regulations of this subchapter C, 
or any items, conditions or restrictions in a permit, license, grant, 
privilege, or any other limitation established under the subchapter

[[Page 179]]

C shall be subject to the penalty provisions of this section.
    (b) Failure of any person, utilizing the resources of any national 
wildlife refuge or enjoying any privilege of use thereon for any purpose 
whatsoever, to comply with any of the provisions, conditions, 
restrictions, or requirements of this subchapter C or to comply with any 
applicable provisions of Federal or State law may render such person 
liable to:
    (1) The penalties as prescribed by law. (Sec. 4, 76 Stat. 654, 16 
U.S.C. 460k-3; Sec. 4, 80 Stat. 927, as amended, 16 U.S.C. 668dd(e); 
Sec. 7, 60 Stat. 1080, 16 U.S.C. 666a; Sec. 6, 40 Stat. 756, as amended, 
16 U.S.C. 707; Sec. 7, 48 Stat. 452, 16 U.S.C. 718g; Sec. 2, 33 Stat. 
614, as amended, 18 U.S.C. 41.)
    (2) [Reserved]



Sec. 28.32  Penalty provisions concerning fires and timber.

    (a) Any person violating sections 1855-1856 of the Criminal Code (18 
U.S.C. 1855-1856) as they pertain to fires on national wildlife refuge 
lands of the United States shall be subject to civil action and to the 
penalty provisions of the law.
    (b) Any person violating sections 1852-1853 of the Criminal Code (18 
U.S.C. 1852-1853) as they pertain to timber on national wildlife refuge 
lands of the United States shall be subject to civil action and to the 
penalty provisions of the law.



                    Subpart D_Impoundment Procedures



Sec. 28.41  Impoundment of abandoned property.

    Any property abandoned or left unattended without authority on any 
national wildlife refuge for a period in excess of 72 hours is subject 
to removal. The expense of the removal shall be borne by the person 
owning or claiming ownership of the property. Such property is subject 
to sale or other disposal after 3 months, in accordance with section 
203m of the Federal Property and Administrative Services Act of 1959, as 
amended (40 U.S.C. 484m), and regulations issued thereunder. Former 
owners may apply within 3 years for reimbursement for such property, 
subject to disposal and storage costs and similar expenses, upon 
sufficient proof of ownership.



Sec. 28.42  Impounding of domestic animals.

    (a) Any animal trespassing on the lands of any national wildlife 
refuge may be impounded and disposed of in accordance with State 
statutes insofar as they may be applicable. In the absence of such State 
statutes, the animals shall be disposed of in accordance with this 
section.
    (b) If the owner is known, prompt written notice of the impounding 
will be served in person with written receipt obtained or delivery by 
certified mail with return receipt requested. In the event of his 
failure to remove the impounded animal within five (5) days from receipt 
of such notice, it will be sold or otherwise disposed of as prescribed 
in this section.
    (c) If the owner is unknown, no disposition of the animal shall be 
made until at least fifteen (15) days have elapsed from the date of a 
legal notice of the impounding has been posted at the county courthouse 
and 15 days after the second notice published in a newspaper in general 
circulation in the county in which the trespass took place.
    (d) The notice shall state when and where the animal was impounded 
and shall describe it by brand or earmark or distinguishing marks or by 
other reasonable identification. The notice shall specify the time and 
place the animal will be offered at public sale to the highest bidder, 
in the event it is not claimed or redeemed. The notice shall reserve the 
right of the official conducting the sale to reject any and all bids so 
received.
    (e) Prior to such sale, the owner may redeem the animal by 
submitting proof of ownership and paying all expenses of the United 
States for, capturing, impounding, advertising, care, forage, and damage 
claims.
    (f) If an animal impounded under this section is offered at public 
sale and no bid is received or if the highest bid received is an amount 
less than the claim of the United States, the animal may be sold at 
private sale for the highest amount obtainable, or be condemned

[[Page 180]]

and destroyed or converted to the use of the United States. Upon the 
sale of any animal in accordance with this section, the buyer shall be 
issued a certificate of sale.
    (g) In determining the claim of the Federal Government in all 
livestock trespass cases on national wildlife refuges, the value of 
forage consumed shall be computed at the commercial unit rate prevailing 
in the locality for that class of livestock. In addition, the claim 
shall include damages to national wildlife refuge property injured or 
destroyed, and all the related expenses incurred in the impounding, 
caring for and disposing of the animal. The salary of Service employees 
for the time spent in and about the investigations, reports, and 
settlement or prosecution of the case shall be prorated in computing the 
expense. Payment of claims due the United States shall be made by 
certified check or postal money order payable to the U.S. Fish and 
Wildlife Service.



Sec. 28.43  Destruction of dogs and cats.

    Dogs and cats running at large on a national wildlife refuge and 
observed by an authorized official in the act of killing, injuring, 
harassing or molesting humans or wildlife may be disposed of in the 
interest of public safety and protection of the wildlife.



PART 29_LAND USE MANAGEMENT--Table of Contents




                         Subpart A_General Rules

Sec.
29.1 May we allow economic uses on national wildlife refuges?
29.2 Cooperative land management.
29.3-29.4 [Reserved]
29.5 Fees.

               Subpart B_Rights-of-Way General Regulations

29.21 What do these terms mean?
29.21-1 Purpose and scope.
29.21-2 Application procedures.
29.21-3 Nature of interest granted.
29.21-4 Terms and conditions.
29.21-5 Construction.
29.21-6 Disposal, transfer or termination of interest.
29.21-7 What payment do we require for use and occupancy of national 
          wildlife refuge lands?
29.21-8 Electric power transmission line rights-of-way.
29.21-9 Rights-of-way for pipelines for the transportation of oil, 
          natural gas, synthetic liquid or gaseous fuels, or any refined 
          product produced therefrom.
29.22 Hearing and appeals procedures.

                      Subpart C_Mineral Operations

29.31 Mineral ownerships in the United States.
29.32 Mineral rights reserved and excepted.

    Authority: Sec. 2, 33 Stat. 614, as amended, sec. 5, 43 Stat. 651, 
secs. 5, 10, 45 Stat. 449, 1224, secs. 4, 2, 48 Stat. 402, as amended, 
1270, sec. 4, 76 Stat. 645; 5 U.S.C. 301, 16 U.S.C. 668dd, 685, 725, 
690d, 715i, 664, 43 U.S.C. 315a, 16 U.S.C. 460k; 80 Stat. 926.

    Source: 31 FR 16026, Dec. 15, 1966, unless otherwise noted.



                         Subpart A_General Rules



Sec. 29.1  May we allow economic uses on national wildlife refuges?

    We may only authorize public or private economic use of the natural 
resources of any national wildlife refuge, in accordance with 16 U.S.C. 
715s, where we determine that the use contributes to the achievement of 
the national wildlife refuge purposes or the National Wildlife Refuge 
System mission. We may authorize economic use by appropriate permit only 
when we have determined the use on a national wildlife refuge to be 
compatible. Persons exercising economic privileges on national wildlife 
refuges will be subject to the applicable provisions of this subchapter 
and of other applicable laws and regulations governing national wildlife 
refuges. Permits for economic use will contain such terms and conditions 
that we determine to be necessary for the proper administration of the 
resources. Economic use in this section includes but is not limited to 
grazing livestock, harvesting hay and stock feed, removing timber, 
firewood or other natural products of the soil, removing shell, sand or 
gravel, cultivating areas, or engaging in operations that facilitate 
approved programs on national wildlife refuges.

[65 FR 62483, Oct. 18, 2000]

[[Page 181]]



Sec. 29.2  Cooperative land management.

    Cooperative agreements with persons for crop cultivation, haying, 
grazing, or the harvest of vegetative products, including plantlife, 
growing with or without cultivation on wildlife refuge areas may be 
executed on a share-in-kind basis when such agreements are in aid of or 
benefit to the wildlife management of the area.



Sec. Sec. 29.3-29.4  [Reserved]



Sec. 29.5  Fees.

    Fees and charges for the grant of privileges on wildlife refuge 
areas and for the sale of products taken therefrom, where not otherwise 
prescribed by law or regulation, shall be set at a rate commensurate 
with fees and charges for similar privileges and products made by 
private land owners in the vicinity or in accordance with their local 
value. Fees or rates of charge for products and privileges may be based 
either on a monetary exchange or on a share in kind of the resource or 
product.



               Subpart B_Rights-of-Way General Regulations



Sec. 29.21  What do these terms mean?

    Compatible use means a proposed or existing wildlife-dependent 
recreational use or any other use of a national wildlife refuge that, 
based on sound professional judgment, will not materially interfere with 
or detract from the fulfillment of the National Wildlife Refuge System 
mission or the purposes of the national wildlife refuge. The term 
``inconsistent'' in section 28(b)(1) of the Mineral Leasing Act of 1920 
(30 U.S.C. 185) means a use that is not compatible.
    Department means U.S. Department of the Interior unless otherwise 
specified.
    National Wildlife Refuge System land means lands and waters, or 
interests therein, administered by the Secretary as wildlife refuges, 
areas for the protection and conservation of fish and wildlife that are 
threatened with extinction, wildlife ranges, game ranges, wildlife 
management areas, or waterfowl production areas.
    Other lands means all other lands, or interests therein, and waters 
administered by the Secretary through the U.S. Fish and Wildlife Service 
which are not included in National Wildlife Refuge System lands, e.g., 
administrative sites, research stations, fish hatcheries, and fishery 
research stations.
    Project Manager means the officer in charge of the land under 
administration by the U.S. Fish and Wildlife Service.

[34 FR 19907, Dec. 19, 1969, as amended at 39 FR 5490, Feb. 13, 1974; 42 
FR 43917, Aug. 31, 1977; 44 FR 42976, July 23, 1979; 48 FR 31655, July 
11, 1983; 51 FR 7575, Mar. 5, 1986; 65 FR 62483, Oct. 18, 2000]



Sec. 29.21-1  Purpose and scope.

    The regulations in this subpart prescribe the procedures for filing 
applications and the terms and conditions under which rights-of-way over 
and across the lands administered by the U.S. Fish and Wildlife Service 
may be granted.
    (a) National Wildlife Refuge System lands. Applications for all 
forms of rights-of-way on or over such lands shall be submitted under 
authority of Pub. L. 89-669, (80 Stat. 926; 16 U.S.C. 668dd) as amended, 
or for oil and gas pipelines under section 28 of the Mineral Leasing Act 
of 1920 (41 Stat. 449; 30 U.S.C. 185) as amended by Pub. L. 93-153, 
following application procedures set out in Sec. 29.21-2. No right-of-
way will be approved unless it is determined by the Regional Director to 
be compatible. See Sec. 29.21-8 for additional requirements applicable 
to rights-of-way for electric power transmission lines and Sec. 29.21-9 
for additional requirements applicable to rights-of-way for pipelines 
for the transportation of oil, natural gas, synthetic liquid or gaseous 
fuels, or any refined product produced therefrom.
    (b) National Wildlife Refuge System lands--easement interest. 
Applications for all forms of rights-of-way across lands in which the 
United States owns only an easement interest may be submitted to the 
Regional Director in letter form. No map exhibit is required, however, 
the affected land should be described in the letter or shown on a map 
sketch. If the requested right-of-way will not adversely affect the

[[Page 182]]

United States' interest, the Regional Director may issue a letter 
stating that the interest of the United States to the right-of-way 
easement would not be affected provided there would be no objection to a 
right-of-way by the fee owner. If the interest of the United States will 
be affected, application for the right-of-way must be submitted in 
accordance with procedures set out in Sec. 29.21-2.
    (c) Other lands outside the National Wildlife Refuge System. Rights-
of-way on or over other lands will be granted in accordance with 
controlling authorities cited in 43 CFR part 2800, or for oil and gas 
pipelines under section 28 of the Mineral Leasing Act of 1920 (41 Stat. 
449; 30 U.S.C. 185) as amended by Pub. L. 93-153. See Sec. 29.21-8 for 
additional requirements applicable to rights-of-way for electric power 
transmission lines and Sec. 29.21-9 for additional requirements 
applicable to rights-of-way for pipelines for the transportation of oil, 
natural gas, synthetic liquid or gaseous fuels, or any other refined 
product produced therefrom. Applications will be submitted in accordance 
with procedures set out in Sec. 29.21-2.

[34 FR 19907, Dec. 19, 1969, as amended at 36 FR 2402, Feb. 4, 1971; 39 
FR 5490, Feb. 13, 1974; 42 FR 43917, Aug. 31, 1977; 44 FR 42976, July 
23, 1979; 48 FR 31655, July 11, 1983]



Sec. 29.21-2  Application procedures.

    (a) Application. (1) No special form of application is required. The 
application should state the purpose for which the right-of-way is being 
requested together with the length, width on each side of the 
centerline, and the estimated acreage. Applications, including exhibits, 
shall be filed in triplicate with the Regional Director for the region 
in which the State is located. A list of States in each region and the 
addresses of the Regional Directors are contained in paragraph (c) of 
this section.
    (2)(i) All applications filed pursuant to this subpart in the name 
of individuals, corporations, or associations must be accompanied by a 
nonreturnable application fee. No application fee will be required of 
(A) State of local governments or agencies or instrumentalities thereof 
except as to rights-of-way, easements or permits under section 28 of the 
Mineral Leasing Act of 1920, as amended by Pub. L. 93-153, or (B) 
Federal Government agencies.
    (ii) Application fees will be in accordance with the following 
schedule:
    (A) For linear facilities (e.g., powerlines, pipelines, roads, 
etc.).

------------------------------------------------------------------------
                  Length                              Payment
------------------------------------------------------------------------
Less than 5 miles........................  $50 per mile or fraction
                                            thereof.
5 to 20 miles............................  $500.
20 miles and over........................  $500 for each 20 miles or
                                            fraction thereof.
------------------------------------------------------------------------

    (B) For nonlinear facilities, $250 for each 40 acres or fraction 
thereof.
    (C) Where an application includes both linear and nonlinear 
facilities, payment will be the aggregate of amounts under paragraphs 
(a)(2)(ii)(A) and (B) of this section.
    (D) When an application is received, the Regional Director will 
estimate the costs expected to be incurred in processing the 
application. If the estimated costs exceed the payments under paragraph 
(a)(2)(ii) (A), (B), or (C) of this section by an amount greater than 
the cost of maintaining actual cost records, the Regional Director shall 
require the applicant to make periodic payments in advance of the 
incurrence of such costs by the United States except for the last 
payment which will reflect final reimbursement for actual costs of the 
United States in processing the application. Overpayments may be 
refunded or adjusted by the Regional Director as appropriate.
    (E) The Regional Director shall, on request by an applicant or 
prospective applicant, give an estimate based on the best available cost 
information, of the costs which would be incurred by the United States 
in processing an application. However, reimbursement will not be limited 
to the estimate of the Regional Director if the actual costs exceed the 
estimate. Prospective applicants are encouraged to consult with the 
Regional Director in advance of filing an application in regard to 
probable costs and other requirements.
    (3)(i) By accepting an easement or permit under this subpart, the 
holder agrees to reimburse the United States for reasonable costs 
incurred by the Fish and Wildlife Service in monitoring the 
construction, operation,

[[Page 183]]

maintenance, and termination of facillities within or adjacent to the 
easement or permit area. No reimbursement of monitoring costs will be 
required of (A) State or local governments or agencies or 
instrumentalities thereof except as to right-of-way, easements, or 
permits granted under section 28 of the Mineral Leasing Act of 1920 as 
amended by Pub. L. 93-153, or (B) Federal Government agencies.
    (ii) Within 60 days of the issuance of an easement or permit the 
holder must submit a nonreturnable payment in accordance with the 
following:
    (A) For linear facilities e.g., powerlines, pipelines, roads, etc.).

------------------------------------------------------------------------
                  Length                              Payment
------------------------------------------------------------------------
Less than 5 miles........................  $20 per mile or fraction
                                            thereof.
5 to 20 miles............................  $200.
20 miles and over........................  $200 for each 20 miles or
                                            fraction thereof.
------------------------------------------------------------------------

    (B) For nonlinear facilities, $100 for each 40 acres or fraction 
thereof.
    (C) Where an easement or permit includes both linear and nonlinear 
facilities, payment will be the aggregate amounts under paragraph 
(a)(3)(2)(ii) (A) and (B) of this section.
    (D) When an easement or permit is granted the Regional Director 
shall estimate the costs, based on the best available cost information, 
expected to be incurred by the United States in monitoring holder 
activity. If the estimated costs exceed the payments under paragraph 
(a)(3)(2) (ii), (A), (B), or (C) of this section by an amount which is 
greater than the cost of maintaining actual cost records for the 
monitoring process, the Regional Director shall require the holder to 
make periodic payments of the estimated reimbursable costs prior to the 
incurrence of such costs by the United States. Overpayments may be 
refunded or adjusted by the Regional Director as appropriate.
    (E) Following the termination of an easement or permit, the former 
holder will be required to pay additional amounts to the extent the 
actual costs to the United States have exceeded the payments required by 
paragraphs (a)(3)(ii)(A), (B), and (C) of this section.
    (4) All applications filed pursuant to this subpart must include a 
detailed environmental analysis which shall include information 
concerning the impact of the proposed use of the environment including 
the impact on air and water quality; scenic and esthetic features; 
historic, architectural, archeological, and cultural features; wildlife, 
fish and marine life, etc. The analysis shall include sufficient data so 
as to enable the Service to prepare an environmental assessment and/or 
impact statement in accordance with section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and comply 
with the requirements of the National Historic Preservation Act of 1966 
(16 U.S.C. 470 et seq.), the Archeological and Historic Preservation Act 
of 1974 (16 U.S.C. 469 et seq.), Executive Order 11593 ``Protection and 
Enhancement of the Cultural Environment'' of May 13, 1971 (36 FR 8921), 
and ``Procedures for the Protection of Historic and Cultural 
Properties'' (36 CFR, part 800). Concerning the National Environmental 
Policy Act, the Regional Director may, at his discretion, rely on an 
environmental assessment or impact statement prepared by a ``lead 
agency.''
    (b) Maps. A map or plat must accompany each copy of the application 
and must show the right-of-way in such detail that the right-of-way can 
be accurately located on the ground. Ties to Service land boundary 
corner monuments or some prominent cultural features which can be 
readily recognized and recovered should be shown where the right-of-way 
enters and leaves Service project land together with courses and 
distances of the centerline. The width of the right-of-way on each side 
of the centerline together with the acreage included within the right-
of-way or site must also be shown. If the right-of-way or site is 
located wholly within Service project land, a tie to a Government corner 
or prominent cultural feature which can be readily recognized and 
recovered should be shown.
    (c) Regional or Area Director's Addresses. (1) For the States of 
California, Hawaii, Idaho, Nevada, Oregon and Washington:

Regional Director, U.S. Fish and Wildlife Service, Lloyd 500 Building, 
Suite 1692, 500 NE. Multnomah Street, Portland Oregon 97232.

    (2) For the States of Arizona, New Mexico, Oklahoma, and Texas:


[[Page 184]]


Regional Director, U.S. Fish and Wildlife Service, 500 Gold Avenue, P.O. 
Box 1306, Albuquerque, New Mexico 87103.

    (3) For the States of Illinois, Indiana, Iowa, Michigan, Minnesota, 
Missouri, Ohio, and Wisconsin:

Regional Director, U.S. Fish and Wildlife Service, Federal Building, 
Fort Snelling, Twin Cities, Minnesota 55111.

    (4) For the States of Alabama, Arkansas, Florida, Georgia, Kentucky, 
Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, 
Puerto Rico, and Virgin Islands:

Regional Director, U.S. Fish and Wildlife Service, Richard B. Russell, 
Federal Building, Suite 1200, 75 Spring Street, S.W., Atlanta, Georgia 
30303.

    (5) For the States of Connecticut, Delaware, Maine, Maryland, 
Massachusetts, New Hampshire, New York, New Jersey, Pennsylvania, Rhode 
Island, Vermont, Virginia, and West Virginia:

Regional Director, U.S. Fish and Wildlife Service, One Gateway Center, 
Suite 700, Newton Corner, Massachusetts 03158.

    (6) For the States of Colorado, Kansas, Montana, Nebraska, North 
Dakota, South Dakota, Utah, and Wyoming:

Regional Director, U.S. Fish and Wildlife Service, P.O. Box 25486, 
Denver Federal Center, Denver, Colorado 80225.

    (7) For the State of Alaska:

Regional Director, U.S. Fish and Wildlife Service, 1101 E. Tudor Road, 
Anchorage, Alaska 99503.

[31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43917, Aug. 31, 1977; 
44 FR 42976, July 23, 1979; 48 FR 31655, July 11, 1983]



Sec. 29.21-3  Nature of interest granted.

    (a) Where the land administered by the Secretary is owned in fee by 
the United States and the right-of-way is compatible with the objectives 
of the area, permit or easement may be approved and granted by the 
Regional Director. Generally an easement or permit will be issued for a 
term of 50 years or so long as it is used for the purpose granted, or 
for a lesser term when considered appropriate. For rights-of-way granted 
under authority of section 28 of the Mineral Leasing Act of 1920, as 
amended, for pipelines for the transportation of oil, natural gas, 
synthetic liquid or gaseous fuels, or any refined product produced 
therefrom, the grant may be for a term not to exceed 30 years and the 
right-of-way may not exceed 50 feet, plus the area occupied by the 
pipeline and its related facilities unless the Regional Director finds, 
and records the reasons for his finding, that, in his judgment, a wider 
right-of-way is necessary for operation and maintenance after 
construction, or to protect the environment or public safety. Related 
facilities include but are not limited to valves, pump stations, 
supporting structures, bridges, monitoring and communication devices, 
surge and storage tanks, terminals, etc. However, a temporary permit 
supplementing a right-of-way may be granted for additional land needed 
during construction, operation, maintenance, or termination of the 
pipeline, or to protect the natural environment or public safety.
    (b) Unless otherwise provided, no interest granted shall give the 
grantee any right whatever to remove any material, earth, or stone for 
construction or other purpose, except that stone or earth necessarily 
removed from the right-of-way in the construction of a project may be 
used elsewhere along the same right-of-way in the construction of the 
same project.

[31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43918, Aug. 31, 1977]



Sec. 29.21-4  Terms and conditions.

    (a) Any right-of-way easement or permit granted will be subject to 
outstanding rights, if any, in third parties.
    (b) An applicant, by accepting an easement or permit agrees to such 
terms and conditions as may be prescribed by the Regional Director in 
the granting document. Such terms and conditions shall include the 
following, unless waived in part by the Regional Director, and may 
include additional special stipulations at his discretion. See Sec. 
29.21-8 for special requirements for electric powerlines and Sec. 
29.21-9 for special requirements for oil and gas pipelines.
    (1) To comply with State and Federal laws applicable to the project 
within which the easement or permit is granted, and to the lands which 
are included

[[Page 185]]

in the right-of-way, and lawful existing regulations thereunder.
    (2) To clear and keep clear the lands within the easement or permit 
area to the extent and in the manner directed by the project manager in 
charge; and to dispose of all vegetative and other material cut, 
uprooted, or otherwise accumulated during the construction and 
maintenance of the project in such a manner as to decrease the fire 
hazard and also in accordance with such instructions as the project 
manager may specify.
    (3) To prevent the disturbance or removal of any public land survey 
monument or project boundary monument unless and until the applicant has 
requested and received from the Regional Director approval of measures 
the applicant will take to perpetuate the location of aforesaid 
monument.
    (4) To take such soil and resource conservation and protection 
measures, including weed control on the land covered by the easement or 
permit as the project manager in charge may request.
    (5) To do everything reasonably within his power, both independently 
and on request of any duly authorized representative of the United 
States, to prevent and suppress fires on or near, lands to be occupied 
under the easement or permit area, including making available such 
construction and maintenance forces as may be reasonably obtainable for 
the suppression of such fires.
    (6) To rebuild and repair such roads, fences, structures, and trails 
as may be destroyed or injured by construction work and upon request by 
the Regional Director, to build and maintain necessary and suitable 
crossings for all roads and trails that intersect the works constructed, 
maintained, or operated under the right-of-way.
    (7) To pay the United States the full value for all damages to the 
lands or other property of the United States caused by him or by his 
employees, contractors, or employees of the contractors, and to 
indemnify the United States against any liability for damages to life, 
person or property arising from the occupancy or use of the lands under 
the easement or permit, except where the easement or permit is granted 
hereunder to a State or other governmental agency which has no legal 
power to assume such a liability with respect to damages caused by it to 
lands or property, such agency in lieu thereof agrees to repair all such 
damages. Where the easement of permit involves lands which are under the 
exclusive jurisdiction of the United States, the holder or his 
employees, contractors, or agents of the contractors, shall be liable to 
third parties for injuries incurred in connection with the easement or 
permit area. Grants of easements or permits involving special hazards 
will impose liability without fault for injury and damage to the land 
and property of the United States up to a specified maximum limit 
commensurate with the foreseeable risks or hazards presented. The amount 
of no-fault liability for each occurrence is hereby limited to no more 
than $1,000,000.
    (8) To notify promptly the project manager in charge of the amount 
of merchantable timber, if any, which will be cut, removed, or destroyed 
in the construction and maintenance of the project, and to pay the 
United States in advance of construction such sum of money as the 
project manager may determine to be the full stumpage value of the 
timber to be so cut, removed, or destroyed.
    (9) That all or any part of the easement or permit granted may be 
terminated by the Regional Director, for failure to comply with any or 
all of the terms or conditions of the grant, or for abandonment. A 
rebuttable presumption of abandonment is raised by deliberate failure of 
the holder to use for any continuous 2-year period the easement or 
permit for the purpose for which it was granted or renewed. In the event 
of noncompliance of abandonment, the Regional Director will notify in 
writing the holder of the easement or permit of his intention to suspend 
or terminate such grant 60 days from the date of the notice, stating the 
reasons therefor, unless prior to that time the holder completes such 
corrective actions as are specified in the notice. The Regional Director 
may grant an extension of time within which to complete corrective 
actions when, in his judgment, extenuating circumstances not

[[Page 186]]

within the holder's control such as adverse weather conditions, 
disturbance to wildlife during breeding periods or periods of peak 
concentration, or other compelling reasons warrant. Should the holder of 
a right-of-way issued under authority of the Mineral Leasing Act, as 
amended, fail to take corrective action within the 60-day period, the 
Regional Director will provide for an administrative proceeding pursuant 
to 5 U.S.C. 554, prior to a final Departmental decision to suspend or 
terminate the easement or permit. In the case of all other right-of-way 
holders, failure to take corrective action within the 60-day period will 
result in a determination by the Regional Director to suspend or 
terminate the easement or permit. No administrative proceeding shall be 
required where the easement or permit terminates under its terms.
    (10) To restore the land to its original condition to the 
satisfaction of the Regional Director so far as it is reasonably 
possible to do so upon revocation and/or termination of the easement or 
permit, unless this requirement is waived in writing by the Regional 
Director. Termination also includes permits or easements that terminate 
under the terms of the grant.
    (11) To keep the project manager informed at all times of his 
address, and, in case of corporations, of the address of its principal 
place of business and the names and addresses of its principal officers.
    (12) That in the construction, operation, and maintenance of the 
project, he shall not discriminate against any employee or applicant for 
employment because of race, creed, color, or national origin and shall 
require an identical provision to be included in all subcontracts.
    (13) That the grant of the easement or permit shall be subject to 
the express condition that the exercise thereof will not unduly 
interfere with the management, administration, or disposal by the United 
States of the land affected thereby. The applicant agrees and consents 
to the occupancy and use by the United States, its grantees, permittees, 
or lessees of any part of the easement of permit area not actually 
occupied for the purpose of the granted rights to the extent that it 
does not interfere with the full and safe utilization thereof by the 
holder. The holder of an easement or permit also agrees that authorized 
representatives of the United States shall have the right of access to 
the easement or permit area for the purpose of making inspections and 
monitoring the construction, operation and maintenance of facilities.
    (14) That the easement or permit herein granted shall be subject to 
the express covenant that any facility constructed thereon will be 
modified or adapted, if such is found by the Regional Director to be 
necessary, without liability or expense to the United States, so that 
such facility will not conflict with the use and occupancy of the land 
for any authorized works which may hereafter be constructed thereon 
under the authority of the United States. Any such modification will be 
planned and scheduled so as not to interfere unduly with or to have 
minimal effect upon continuity of energy and delivery requirements.
    (15) That the easement or permit herein granted shall be for the 
specific use described and may not be construed to include the further 
right to authorize any other use within the easement or permit area 
unless approved in writing by the Regional Director.

[31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43918, Aug. 31, 1977]



Sec. 29.21-5  Construction.

    (a) If construction is not commenced within two (2) years after date 
of right-of-way grant, the right-of-way may be canceled by the Director 
of the U.S. Fish and Wildlife Service at his discretion.
    (b) Proof of construction: Upon completion of construction, the 
applicant shall file a certification of completion with the Regional 
Director.

[42 FR 43919, Aug. 31, 1977]



Sec. 29.21-6  Disposal, transfer or termination of interest.

    (a) Change in jurisdiction over and disposal of lands. The final 
disposal by the United States of any tract of land traversed by a right-
of-way shall not be construed to be a revocation of the right-of-way in 
whole or in part, but such final disposition shall be deemed

[[Page 187]]

and taken to be subject to such right-of-way unless it has been 
specifically canceled.
    (b) Transfer of easement or permit. Any proposed transfer, by 
assignment, lease, operating agreement or otherwise, of an easement or 
permit must be filed in triplicate with the Regional Director and must 
be supported by a stipulation that the transferee agrees to comply with 
and be bound by the terms and conditions of the original grant. A $25 
nonreturnable service fee must accompany the proposal. No transfer will 
be recognized unless and until approved in writing by the Regional 
Director.
    (c) Disposal of property on termination of right-of-way. In the 
absence of any agreement to the contrary, the holder of the right-of-way 
will be allowed 6 months after termination to remove all property or 
improvements other than a road and useable improvements to a road, 
placed thereon by him; otherwise, all such property and improvements 
shall become the property of the United States. Extensions of time may 
be granted at the discretion of the Regional Director.

[31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43919, Aug. 31, 1977]



Sec. 29.21-7  What payment do we require for use and occupancy of national wildlife refuge lands?

    (a) Payment for use and occupancy of lands under the regulations of 
this subpart will be required and will be for fair market value as 
determined by appraisal by the Regional Director. At the discretion of 
the Regional Director, the payment may be a lump sum payment or an 
annual fair market rental payment, to be made in advance. If any 
Federal, State or local agency is exempted from such payment by and any 
other provision of Federal law, such agency shall otherwise compensate 
the Service by any other means agreeable to the Regional Director, 
including, but not limited to, making other land available or the loan 
of equipment or personnel, except that any such compensation shall 
relate to, and be consistent with the objectives of the National 
Wildlife Refuge System. The Regional Director may waive such requirement 
for compensation if he finds such requirement impracticable or 
unnecessary.
    (b) When annual rental payments are used, such rates shall be 
reviewed by the Regional Director at any time not less than 5 years 
after the grant of the permit, right-of-way, or easement or the last 
revision of charges thereunder, The Regional Director will furnish a 
notice in writing to the holder of an easement or permit of intent to 
impose new charges to reflect fair market value commencing with the 
ensuing charge year. The revised charges will be effective unless the 
holder files an appeal in accordance with Sec. 29.22.

[42 FR 43919, Aug. 31, 1977, as amended at 65 FR 62483, Oct. 18, 2000]



Sec. 29.21-8  Electric power transmission line rights-of-way.

    By accepting a right-of-way for a power transmission line, the 
applicant thereby agrees and consents to comply with and be bound by the 
following terms and conditions, except those which the Secretary may 
waive in a particular case, in addition to those specified in Sec. 
29.21-4(b).
    (a) To protect in a workmanlike manner, at crossings and at places 
in proximity to his transmission lines on the right-of-way authorized, 
in accordance with the rules prescribed in the National Electric Safety 
Code, all Government and other telephone, telegraph and power 
transmission lines from contact and all highways and railroads from 
obstruction and to maintain his transmission lines in such manner as not 
to menace life or property.
    (b) Neither the privilege nor the right to occupy or use the lands 
for the purpose authorized shall relieve him of any legal liability for 
causing inductive or conductive interference between any project 
transmission line or other project works constructed, operated, or 
maintained by him on the servient lands, and any radio installation, 
telephone line, or other communication facilities now or hereafter 
constructed and operated by the United States or any agency thereof.

[42 FR 43919, Aug. 31, 1977, as amended at 48 FR 31655, July 11, 1983]

[[Page 188]]



Sec. 29.21-9  Rights-of-way for pipelines for the transportation of oil, 

natural gas, synthetic liquid or gaseous fuels, or any refined product 

produced therefrom.

    (a) Application procedure. Applications for pipelines and related 
facilities under this section are to be filed in accordance with Sec. 
29.21-2 of these regulations with the following exception:

    When the right-of-way or proposed facility will occupy Federal land 
under the control of more than one Federal Agency and/or more than one 
bureau or office of the Department of the Interior, a single application 
shall be filed with the appropriate State Director of the Bureau of Land 
Management in accordance with regulations in 43 CFR part 2800.

    Any portion of the facility occupying land of the National Wildlife 
Refuge System will be subject to the provisions of these regulations.
    (b) Right-of-way grants under this section will be subject to the 
special requirements of section 28 of the Mineral Leasing Act of 1920 
(30 U.S.C. 185), as amended, as set forth below. Gathering lines and 
associated structures used solely in the production of oil and gas under 
valid leases on the lands administered by the Fish and Wildlife Service 
are excepted from the provisions of this section.
    (1) Pipeline safety. Rights-of-way or permits granted under this 
section will include requirements that will protect the safety of 
workers and protect the public from sudden ruptures and slow degradation 
of the pipeline. An applicant must agree to design, construct, and 
operate all proposed facilities in accordance with the provisions of 
parts 192 and/or 195 of title 49 of the CFR and in accordance with the 
Occupational Safety and Health Act of 1970, Pub. L. 91-596, including 
any amendments thereto.
    (2) Environmental protection. An application for a right-of-way must 
contain environmental information required by Sec. 29.21-2(a)(4) of 
this subpart. If the Regional Director determines that a proposed 
project will have a significant affect on the environment, there must 
also be furnished a plan of construction, operations, and rehabilitation 
of the proposed facilities. In addition to terms and conditions imposed 
under Sec. 29.21-4, the Regional director will impose such stipulations 
as may be required to assure: (i) Restoration, revegetation and 
curtailment of erosion of the surface; (ii) that activities in 
connection with the right-of-way or permit will not violate applicable 
air and water quality standards in related facilities siting standards 
established by law; (iii) control or prevention of damage to the 
environment including damage to fish and wildlife habitat, public or 
private property, and public health and safety; and (iv) protection of 
the interests of individuals living in the general area of the right-of-
way or permit who rely on the fish, wildlife, and biotic resources of 
the area for subsistence purposes.
    (c) Disclosure. If the applicant is a partnership, corporation, 
association, or other business entity it must disclose the identity of 
the participants in the entity. Such disclosure shall include where 
applicable (1) the name and address of each partner, (2) the name and 
address of each shareholder owning 3 percentum or more of the shares, 
together with the number and percentage of any class of voting shares of 
the entity which such shareholder is authorized to vote, and (3) the 
name and address of each affiliate of the entity together with, in the 
case of an affiliate controlled by the entity, the number of shares and 
the percentage of any class of voting stock of that affiliate owned, 
directly or indirectly, by that entity, and in the case of an affiliate 
which controls that entity, the number of shares and the percentage of 
any class of voting stock of that entity owned, directly or indirectly, 
by the affiliate.
    (d) Technical and financial capability. The Regional Director may 
grant or renew a right-of-way or permit under this section only when he 
is satisfied that the applicant has the technical and financial 
capability to construct, operate, maintain and terminate the facility. 
At the discretion of the Regional Director, a financial statement may be 
required.
    (e) Reimbursement of costs. In accordance with Sec. 29.21-2(a)(3) 
of this subpart, the holder of a right-of-way or permit must reimburse 
the Service for the cost incurred in monitoring the construction, 
operation, maintenance, and

[[Page 189]]

termination of any pipeline or related facilities as determined by the 
Regional Director.
    (f) Public hearing. The Regional Director shall give notice to 
Federal, State, and local government agencies, and the public, and 
afford them the opportunity to comment on right-of-way applications 
under this section. A notice will be published in the Federal Register 
and a public hearing may be held where appropriate.
    (g) Bonding. Where appropriate the Regional Director may require the 
holder of a right-of-way or permit to furnish a bond, or other security 
satisfactory to him, to secure all or any of the obligations imposed by 
the terms and conditions of the right-of-way or permit or by any rule or 
regulation, not to exceed the period of construction plus one year or a 
longer period if necessary for the pipeline to stabilize.
    (h) Suspension of right-of-way. If the Project Manager determines 
that an immediate temporary suspension of activities within a right-of-
way or permit area is necessary to protect public health and safety or 
the environment, he may issue an emergency suspension order to abate 
such activities prior to an administrative proceeding. The Regional 
Director must make a determination and notify the holder in writing 
within 15 days from the date of suspension as to whether the suspension 
should continue and list actions needed to terminate the suspension. 
Such suspension shall remain in effect for only so long as an emergency 
condition continues.
    (i) Joint use of rights-of-way. Each right-of-way or permit shall 
reserve to the Regional Director the right to grant additional rights-
of-way or permits for compatible uses on or adjacent to rights-of-way or 
permit areas granted under this section after giving notice to the 
holder and an opportunity to comment.
    (j) Common carriers. (1) Pipelines and related facilities used for 
the transportation of oil, natural gas, synthetic liquid or gaseous 
fuels, or any refined product produced therefrom shall be constructed, 
operated, and maintained as common carriers.
    (2)(i) The owners or operators of pipelines subject to this subpart 
shall accept, convey, transport, or purchase without discrimination all 
oil or gas delivered to the pipeline without regard to whether such oil 
or gas was produced on Federal or non-Federal lands.
    (ii) In the case of oil or gas produced from Federal lands or from 
the resources on the Federal lands in the vicinity of the pipelines, the 
Secretary may, after a full hearing with due notice thereof to the 
interested parties and a proper finding of facts, determine the 
proportionate amounts to be accepted, conveyed, transported or 
purchased.
    (3)(i) The common carrier provisions of this section shall not apply 
to any natural gas pipeline operated by any person subject to regulation 
under the Natural Gas Act or by any public utility subject to regulation 
by a State or municipal regulatory agency having jurisdiction to 
regulate the rates and charges for the sale of natural gas to consumers 
within the State or municipality.
    (ii) Where natural gas not subject to state regulatory or 
conservation laws governing its purchase by pipelines is offered for 
sale, each such pipeline shall purchase, without discrimination, any 
such natural gas produced in the vicinity of the pipeline.
    (4) The Regional Director shall require, prior to granting or 
renewing a right-of-way, that the applicant submit and disclose all 
plans, contracts, agreements, or other information or material which he 
deems necessary to determine whether a right-of-way shall be granted or 
renewed and the terms and conditions which should be included in the 
right-of-way. Such information may include, but is not limited to: (i) 
Conditions for, and agreements among owners or operators, regarding the 
addition of pumping facilities, looping, or otherwise increasing the 
pipeline or terminal's throughput capacity in response to actual or 
anticipated increases in demand; (ii) conditions for adding or 
abandoning intake, offtake, or storage points or facilities; and (iii) 
minimum shipment or purchase tenders.
    (k) Limitations on export. Any domestically produced crude oil 
transported by pipeline over rights-of-way granted

[[Page 190]]

pursuant to section 28 of the Mineral Leasing Act of 1920, except such 
crude oil which is either exchanged in similar quantity for convenience 
or increased efficiency of transportation with persons or the government 
of an adjacent foreign state, or which is temporarily exported for 
convenience or increased efficiency of transportation across parts of an 
adjacent foreign state and reenters the United States, shall be subject 
to all of the limitation and licensing requirements of the Export 
Administration Act of 1969.
    (l) State standards. The Regional Director shall take into 
consideration, and to the extent practical comply with, applicable State 
standards for right-of-way construction, operation, and maintenance.
    (m) Congressional notification. The Secretary shall notify the House 
and Senate Committees on Interior and Insular Affairs promptly upon 
receipt of an application for a right-of-way for pipeline 24 inches or 
more in diameter, and no right-of-way for such a pipeline shall be 
granted until 60 days (not including days on which the House or Senate 
has adjourned for more than three days) after a notice of intention to 
grant the right-of-way together with the Secretary's detailed findings 
as to terms and conditions he proposes to impose, has been submitted to 
the Committees, unless each Committee by resolution waives the waiting 
period.

[42 FR 43921, Aug. 31, 1977]



Sec. 29.22  Hearing and appeals procedures.

    An appeal may be taken from any final disposition of the Regional 
Director to the Director, U.S. Fish and Wildlife Service, and, except in 
the case of a denial of a right-of-way application, from the latter's 
decision to the Secretary of the Interior. Appeals to the Secretary 
shall be taken pursuant to 43 CFR part 4, subpart G.

[44 FR 42976, July 23, 1979]



                      Subpart C_Mineral Operations



Sec. 29.31  Mineral ownerships in the United States.

    Where mineral rights to lands in wildlife refuge areas are vested in 
the United States, the provisions of 43 CFR 3101.3-3, 3109.4, 3201.1-6 
and 3501.2-2 govern.

[31 FR 16026, Dec. 15, 1966, as amended at 44 FR 42976, July 23, 1979]



Sec. 29.32  Mineral rights reserved and excepted.

    Persons holding mineral rights in wildlife refuge lands by 
reservation in the conveyance to the United States and persons holding 
mineral rights in such lands which rights vested prior to the 
acquisition of the lands by the United States shall, to the greatest 
extent practicable, conduct all exploration, development, and production 
operations in such a manner as to prevent damage, erosion, pollution, or 
contamination to the lands, waters, facilities and vegetation of the 
area. So far as is practicable, such operations must also be conducted 
without interference with the operation of the refuge or disturbance to 
the wildlife thereon. Physical occupancy of the area must be kept to the 
minimum space compatible with the conduct of efficient mineral 
operations. Persons conducting mineral operations on refuge areas must 
comply with all applicable Federal and State laws and regulations for 
the protection of wildlife and the administration of the area. Oil field 
brine, slag, and all other waste and contaminating substances must be 
kept in the smallest practicable area, must be confined so as to prevent 
escape as a result of rains and high water or otherwise, and must be 
removed from the area as quickly as practicable in such a manner as to 
prevent contamination, pollution, damage, or injury to the lands, 
waters, facilities, or vegetation of the refuge or to wildlife. 
Structures and equipment must be removed from the area when the need for 
them has ended. Upon the cessation of operations the area shall be 
restored as nearly as possible to its condition prior to the 
commencement of operations. Nothing in this section shall be applied so 
as to contravene or nullify rights vested in holders of mineral 
interests on refuge lands.

[[Page 191]]



PART 30_RANGE AND FERAL ANIMAL MANAGEMENT--Table of Contents




                         Subpart A_Range Animals

Sec.
30.1 Surplus range animals.
30.2 Disposition of surplus range animals.

                         Subpart B_Feral Animals

30.11 Control of feral animals.
30.12 Disposition of feral animals.

    Authority: 5 U.S.C. 301; 16 U.S.C. 668dd, as amended; 16 U.S.C. 
715i, as amended; 41 CFR 101-44.



                         Subpart A_Range Animals



Sec. 30.1  Surplus range animals.

    Range animals on fenced wildlife refuge areas, including buffalo and 
longhorn cattle, determined to be surplus to the needs of the 
conservation program may be planned and scheduled for disposal.

[38 FR 16356, June 22, 1973]



Sec. 30.2  Disposition of surplus range animals.

    Disposition shall be made only during regularly scheduled disposal 
program periods, except in the event of exigent circumstances affecting 
the animals, their range, or the recipient. The Refuge Manager is 
responsible for determining the existence of ``exigent circumstances.'' 
Surplus range animals may be disposed of, subject to State and Federal 
health laws and regulations, by donation for specific purposes to public 
agencies, public institutions, other governments or charitable 
institutions, or sold on the open market.

[62 FR 19937, Apr. 24, 1997]



                         Subpart B_Feral Animals



Sec. 30.11  Control of feral animals.

    (a) Feral animals, including horses, burros, cattle, swine, sheep, 
goats, reindeer, dogs, and cats, without ownership that have reverted to 
the wild from a domestic state may be taken by authorized Federal or 
State personnel or by private persons operating under permit in 
accordance with applicable provisions of Federal or State law or 
regulation.
    (b) [Reserved]

[31 FR 16027, Dec. 15, 1966]



Sec. 30.12  Disposition of feral animals.

    Feral animals taken on wildlife refuge areas may be disposed of by 
sale on the open market, gift or loan to public or private institutions 
for specific purposes, and as otherwise provided in section 401 of the 
act of June 15, 1935 (49 Stat. 383, 16 U.S.C. 715s).

[38 FR 16356, June 22, 1973]



PART 31_WILDLIFE SPECIES MANAGEMENT--Table of Contents




                       Subpart A_Surplus Wildlife

Sec.
31.1 Determination of surplus wildlife populations.
31.2 Methods of surplus wildlife population control and disposal.

    Subpart B_Terms and Conditions of Wildlife Reduction and Disposal

31.11 Donation and loan of wildlife specimens.
31.12 Sale of wildlife specimens.
31.13 Commercial harvest of fishery resources.
31.14 Official animal control operations.
31.15 Public hunting and fishing programs.
31.16 Trapping program.
31.17 Disposal of furs and pelts.

    Authority: Sec. 2, 33 Stat. 614, as amended, sec. 5, 43 Stat. 651, 
secs. 5, 10, 45 Stat. 449, 1224, secs. 4, 2, 48 Stat. 402, as amended, 
451, as amended, 1270, sec. 4, 76 Stat. 654; 5 U.S.C. 301, 16 U.S.C. 
685, 725, 690d, 715i, 664, 718(b), 43 U.S.C. 315a, 16 U.S.C. 460k; sec. 
2, 80 Stat. 926; 16 U.S.C. 668bb.

    Source: 31 FR 16027, Dec. 15, 1966, unless otherwise noted.



                       Subpart A_Surplus Wildlife



Sec. 31.1  Determination of surplus wildlife populations.

    The populations and requirements of wildlife species on wildlife 
refuge areas shall be determined by population census, habitat 
evaluation, and other means of ecological study.



Sec. 31.2  Methods of surplus wildlife population control and disposal.

    Upon a determination that wildlife are surplus to a balanced 
conservation

[[Page 192]]

program on any wildlife refuge area, the surplus may be reduced or 
utilized in accordance with Federal and State law and regulation by:
    (a) Donation or loan to public agencies and institutions.
    (b) Sale to public or private agencies and institutions.
    (c) Commercial harvest of fishery resources.
    (d) Official wildlife control operations.
    (e) Public hunting or fishing.
    (f) Trapping.



    Subpart B_Terms and Conditions of Wildlife Reduction and Disposal



Sec. 31.11  Donation and loan of wildlife specimens.

    Wildlife specimens may be donated or loaned to public institutions 
for specific purposes. Donation or loans of resident species of wildlife 
will not be made unless the recipient has secured the approval of the 
State.

[38 FR 16356, June 22, 1973]



Sec. 31.12  Sale of wildlife specimens.

    Surplus wildlife specimens may be sold alive or butchered, dressed 
and processed subject to Federal and State laws and regulations and the 
provisions of this part.



Sec. 31.13  Do we allow commercial harvest of fishery resources?

    Refuge managers may allow commercial harvest of fishery resources by 
issuance of a permit or by refuge-specific regulation in compliance with 
applicable State and Federal laws when compatible and in compliance with 
Sec. 29.1 of this subchapter C.

[69 FR 54362, Sept. 8, 2004]



Sec. 31.14  Official animal control operations.

    (a) Animal species which are surplus or detrimental to the 
management program of a wildlife refuge area may be taken in accordance 
with Federal and State laws and regulations by Federal or State 
personnel or by permit issued to private individuals.
    (b) Animal species which are damaging or destroying Federal property 
within a wildlife refuge area may be taken or destroyed by Federal 
personnel.



Sec. 31.15  Public hunting and fishing programs.

    The privilege of hunting and fishing may be extended to the general 
public under the provisions of regulations cited in parts 32 and 33 of 
this subchapter.



Sec. 31.16  Trapping program.

    Except as hereafter noted, persons trapping animals on wildlife 
refuge areas where trapping has been authorized shall secure and comply 
with the provisions of a Federal permit issued for that purpose. This 
permit shall specify the terms and conditions of trapping activity and 
the rates of charge or division of pelts, hides, and carcasses. Lands 
acquired as ``waterfowl production areas'' shall be open to public 
trapping without Federal permit provided that trapping on all or part of 
individual areas may be temporarily suspended by posting upon occasions 
of unusual or critical conditions affecting land, water, vegetation, or 
wildlife populations. Each person trapping on any wildlife refuge area 
shall possess the required State license or permit and shall comply with 
the provisions of State laws and regulations.

[36 FR 17998, Sept. 8, 1971]



Sec. 31.17  Disposal of furs and pelts.

    The disposition of animals and the pelts or carcasses thereof 
accruing to the United States through the trapping programs shall be 
sold by public auction or on the open market unless required for 
official purposes.



PART 32_HUNTING AND FISHING--Table of Contents




                      Subpart A_General Provisions

Sec.
32.1 Opening of wildlife refuge areas to hunting.
32.2 What are the requirements for hunting on areas of the National 
          Wildlife Refuge System?
32.3 What are the procedures for publication of refuge-specific hunting 
          regulations?
32.4 Opening of wildlife refuge areas to fishing.

[[Page 193]]

32.5 What are the requirements for sportfishing on areas of the National 
          Wildlife Refuge System?
32.6 What are the procedures for publication of refuge-specific sport 
          fishing regulations?
32.7 What refuge units are open to hunting and/or sport fishing?
32.8 Areas closed to hunting.

      Subpart B_Refuge-Specific Regulations for Hunting and Fishing

32.20 Alabama.
32.21 Alaska.
32.22 Arizona.
32.23 Arkansas.
32.24 California.
32.25 Colorado.
32.26 Connecticut.
32.27 Delaware.
32.28 Florida.
32.29 Georgia.
32.30 Hawaii.
32.31 Idaho.
32.32 Illinois.
32.33 Indiana.
32.34 Iowa.
32.35 Kansas.
32.36 Kentucky.
32.37 Louisiana.
32.38 Maine.
32.39 Maryland.
32.40 Massachusetts.
32.41 Michigan.
32.42 Minnesota.
32.43 Mississippi.
32.44 Missouri.
32.45 Montana.
32.46 Nebraska.
32.47 Nevada.
32.48 New Hampshire.
32.49 New Jersey.
32.50 New Mexico.
32.51 New York.
32.52 North Carolina.
32.53 North Dakota.
32.54 Ohio.
32.55 Oklahoma.
32.56 Oregon.
32.57 Pennsylvania.
32.58 Puerto Rico. [Reserved]
32.59 Rhode Island.
32.60 South Carolina.
32.61 South Dakota.
32.62 Tennessee.
32.63 Texas.
32.64 Utah.
32.65 Vermont.
32.66 Virginia.
32.67 Washington.
32.68 West Virginia.
32.69 Wisconsin.
32.70 Wyoming.
32.71 United States Unincorporated Pacific Insular Possessions.
32.72 Guam.

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 715i.

    Source: 58 FR 5064, Jan. 19, 1993, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 32.1  Opening of wildlife refuge areas to hunting.

    The opening of a wildlife refuge area to hunting will be dependent 
upon the provisions of law applicable to the area and upon a 
determination by the Secretary that the opening of the area to the 
hunting of migratory game birds, upland game, or big game will be 
compatible with the principles of sound wildlife management and will 
otherwise be in the public interest. The opening or closing of wildlife 
refuge areas to hunting shall be in accordance with the rulemaking 
requirements of the Administrative Procedure Act (5 U.S.C. 553). Lands 
acquired pursuant to the Act of May 18, 1948 (62 Stat. 238, 16 U.S.C. 
695) will be opened to hunting only after it has been determined that 
the major portion of the crops in the vicinity of the area involved have 
been harvested, that the period of susceptibility of such crops to 
wildfowl depredation has passed, or that the possibility of these crops 
being damaged by waterfowl is minor. Lands acquired as ``waterfowl 
production areas'' shall annually be open to the hunting of migratory 
game birds, upland game, and big game subject to the provisions of State 
law and regulations and the pertinent provisions of parts 25 through 31 
of this subchapter: Provided, That all forms of hunting or entry on all 
or any part of individual areas may be temporarily suspended by posting 
upon occasions of unusual or critical conditions of, or affecting land, 
water, vegetation, or wildlife populations.



Sec. 32.2  What are the requirements for hunting on areas of the National Wildlife Refuge System?

    The following provisions shall apply to each person while engaged in 
public hunting on areas of the National Wildlife Refuge System:
    (a) Each person shall secure and possess the required State license.

[[Page 194]]

    (b) Each person 16 years of age and older shall secure and possess a 
Migratory Bird Hunting Stamp while hunting migratory waterfowl.
    (c) Each person shall comply with the applicable provisions of 
Federal law and regulations including this subchapter and the current 
Federal Migratory Bird Regulations.
    (d) Each person shall comply with the applicable provisions of the 
laws and regulations of the State wherein any area is located unless 
further restricted by Federal law or regulation.
    (e) Each person shall comply with the terms and conditions 
authorizing access or use of wildlife refuges, including the terms and 
conditions under which hunting permits are issued.
    (f) Each person must comply with the provisions of any refuge-
specific regulations governing hunting on the wildlife refuge area. 
Regulations, special conditions, and maps of the hunting areas for a 
particular wildlife refuge are available at that area's headquarters. In 
addition, refuge-specific hunting regulations for migratory game bird, 
upland game, and big game hunting appear in Sec. Sec. 32.20 through 
32.72.
    (g) The use of any drug on any arrow for bow hunting on national 
wildlife refuges is prohibited. Archers may not have arrows employing 
such drugs in their possession on any national wildlife refuge.
    (h) The unauthorized distribution of bait and the hunting over bait 
is prohibited on wildlife refuge areas. (Baiting is authorized in 
accordance with State regulations on national wildlife refuges in 
Alaska).
    (i) The use of nails, wire, screws or bolts to attach a stand to a 
tree, or hunting from a tree into which a metal object has been driven 
to support a hunter is prohibited on wildlife refuge areas.
    (j) The use or possession of alcoholic beverages while hunting is 
prohibited.
    (k) You may possess only approved nontoxic shot while in the field, 
which we identify in 50 CFR 20.21(j), while on Waterfowl Production 
Areas, or on certain other areas of the National Wildlife Refuge System 
as delineated on maps, leaflets and/or signs, available at each refuge 
headquarters or posted at each refuge, or as stated in refuge-specific 
regulations. Where we allow turkey and deer hunting, you may use slugs 
and shot containing lead to hunt these species unless prohibited by 
refuge-specific regulations and/or State law.
    (l) The refuge-specific regulations (Sec. 32.20 through Sec. 
32.72) may include the items discussed in Sec. 32.3(b). Refuge permits 
and brochures should also include those items and any special conditions 
allowed by paragraph (f) of this section.

[58 FR 5064, Jan. 19, 1993, as amended at 63 FR 46914, Sept. 3, 1998; 65 
FR 30777, May 12, 2000; 67 FR 58943, Sept. 18, 2002]



Sec. 32.3  What are the procedures for publication of refuge-specific hunting regulations?

    (a) Refuge-specific hunting regulations are issued only at the time 
of or after the determination and publication of the opening of a 
wildlife refuge area to migratory game bird, upland game or big game 
hunting.
    (b) Refuge-specific hunting regulations may contain the following 
items:
    (1) Wildlife species that may be hunted;
    (2) Seasons;
    (3) Bag limits;
    (4) Methods of hunting;
    (5) Description of areas open to hunting; or
    (6) Other provisions as required.
    (c) Refuge-specific hunting regulations will not liberalize existing 
State laws or regulations.
    (d) Refuge-specific hunting regulations are subject to change and 
the public is invited to submit suggestions and comments for 
consideration at any time.
    (e) We initially publish refuge-specific hunting regulations in the 
daily issue of the Federal Register, and subsequently they appear in 
Sec. Sec. 32.20 through 32.72, except that the refuge manager may adopt 
and issue relevant refuge-specific season dates and times after the 
State establishes its hunting seasons by publication through one or more 
of the methods identified in Sec. 25.31 of this subchapter C.
    (f) Refuge-specific hunting regulations may be amended or new 
conditions imposed at any time during the hunting season when 
unpredictable

[[Page 195]]

changes occur in wildlife populations, habitat conditions or in other 
factors affecting a refuge's wildlife resources. Changes in refuge-
specific hunting regulations made under the conditions noted in this 
paragraph (f) can be in force only for the one season to which the 
changes apply.

[58 FR 5064, Jan. 19, 1993, as amended at 67 FR 58943, Sept. 18, 2002]



Sec. 32.4  Opening of wildlife refuge areas to fishing.

    Wildlife refuge areas may be opened to sport fishing only after a 
determination is made that this activity is compatible with the purposes 
for which the refuge was established. In addition, the sport fishing 
program must be consistent with principles of sound fishery management 
and otherwise be in the public interest. The opening or closing of 
wildlife refuge areas to fishing is subject to the rulemaking 
requirements of the Administrative Procedure Act (5 U.S.C. 551 et seq.). 
Lands acquired as ``waterfowl production areas'' are open to sport 
fishing subject to the provisions of State laws and regulations and the 
pertinent provisions of parts 25 through 31 of this subchapter: 
Provided, that fishing or entry on all or any part of individual areas 
may be temporarily suspended by posting upon occasions of unusual or 
critical conditions of, or affecting, land, water, vegetation or fish 
and wildlife populations.



Sec. 32.5  What are the requirements for sportfishing on areas of the National Wildlife Refuge System?

    The following provisions shall apply to each person while engaged in 
public sport fishing on a wildlife refuge area:
    (a) Each person shall secure and possess the required State license.
    (b) Each person shall comply with the applicable provisions of 
Federal law and regulation including this subchapter.
    (c) Each person shall comply with the applicable provisions of the 
laws and regulations of the State wherein any area is located unless the 
same are further restricted by Federal law or regulation.
    (d) Each person shall comply with the terms and conditions 
authorizing access and use of the wildlife refuge area.
    (e) Each person must comply with the provisions of any refuge-
specific regulation governing fishing on the wildlife refuge area. 
Regulations, special conditions, and maps of the fishing areas for a 
particular wildlife refuge are available at that area's headquarters. In 
addition, refuge-specific sport fishing regulations appear in Sec. Sec. 
32.20 through 32.72.

[58 FR 5064, Jan. 19, 1993, as amended at 67 FR 58943, Sept. 18, 2002]



Sec. 32.6  What are the procedures for publication of refuge-specific sport fishing regulations?

    (a) Refuge-specific fishing regulations are issued only at the time 
of or after the opening of a wildlife refuge area to sport fishing.
    (b) Refuge-specific fishing regulations may contain the following 
items:
    (1) Fish species that may be taken;
    (2) Seasons;
    (3) Creel limits;
    (4) Methods of fishing;
    (5) Description of areas open to fishing; or
    (6) Other provisions as required.
    (c) Refuge-specific fishing regulations will not liberalize existing 
State laws or regulations.
    (d) Refuge-specific fishing regulations are subject to change and 
the public is invited to submit suggestions and comments for 
consideration at any time.
    (e) We initially publish refuge-specific sport fishing regulations 
in the daily issue of the Federal Register, and subsequently they appear 
in Sec. Sec. 32.20 through 32.72.
    (f) Refuge-specific fishing regulations may be amended as needed 
when unpredictable changes occur in fish and wildlife populations, 
habitat conditions or in other factors affecting a refuge's fish and 
wildlife resources.

[58 FR 5064, Jan. 19, 1993, as amended at 67 FR 58943, Sept. 18, 2002]



Sec. 32.7  What refuge units are open to hunting and/or sport fishing?

    Refuge units open to hunting and/or sport fishing in accordance with 
the provisions of subpart A of this part and Sec. Sec. 32.20-32.72, 
inclusive, are as follows:

[[Page 196]]

                                 Alabama

Bon Secour National Wildlife Refuge
Cahaba River National Wildlife Refuge
Choctaw National Wildlife Refuge
Eufaula National Wildlife Refuge
Grand Bay National Wildlife Refuge
Key Cave National Wildlife Refuge
Mountain Lonleaf National Wildlife Refuge
Sauta Cave National Wildlife Refuge
Wheeler National Wildlife Refuge

                                 Alaska

Alaska Maritime National Wildlife Refuge
Alaska Peninsula National Wildlife Refuge
Arctic National Wildlife Refuge
Becharof National Wildlife Refuge
Innoko National Wildlife Refuge
Izembek National Wildlife Refuge
Kanuti National Wildlife Refuge
Kenai National Wildlife Refuge
Kodiak National Wildlife Refuge
Koyukuk National Wildlife Refuge
Nowitna National Wildlife Refuge
Salawik National Wildlife Refuge
Tetlin National Wildlife Refuge
Togiak National Wildlife Refuge
Yukon Delta National Wildlife Refuge
Yukon Flats National Wildlife Refuge

                                 Arizona

Bill Williams River National Wildlife Refuge
Buenos Aires National Wildlife Refuge
Cabeza Prieta National Wildlife Refuge
Cibola National Wildlife Refuge
Havasu National Wildlife Refuge
Imperial National Wildlife Refuge
Kofa National Wildlife Refuge
San Bernardino National Wildlife Refuge

                                Arkansas

Bald Knob National Wildlife Refuge
Big Lake National Wildlife Refuge
Cache River National Wildlife Refuge
Felsenthal National Wildlife Refuge
Holla Bend National Wildlife Refuge
Overflow National Wildlife Refuge
Pond Creek National Wildlife Refuge
Wapanocca National Wildlife Refuge
White River National Wildlife Refuge

                               California

Cibola National Wildlife Refuge
Clear Lake National Wildlife Refuge
Colusa National Wildlife Refuge
Delevan National Wildlife Refuge
Don Edwards San Francisco Bay National Wildlife Refuge
Havasu National Wildlife Refuge
Humboldt Bay National Wildlife Refuge
Imperial National Wildlife Refuge
Kern National Wildlife Refuge
Lower Klamath National Wildlife Refuge
Merced National Wildlife Refuge
Modoc National Wildlife Refuge
Sacramento National Wildlife Refuge
Sacramento River National Wildlife Refuge
Salinas River National Wildlife Refuge
San Luis National Wildlife Refuge
San Pablo National Wildlife Refuge
Sonny Bono Salton Sea National Wildlife Refuge
Stone Lakes National Wildlife Refuge
Sutter National Wildlife Refuge
Tule Lake National Wildlife Refuge

                                Colorado

Alamosa National Wildlife Refuge
Arapaho National Wildlife Refuge
Browns Park National Wildlife Refuge
Monte Vista National Wildlife Refuge
Rocky Mountain Arsenal

                               Connecticut

Stewart B. McKinney National Wildlife Refuge

                                Delaware

Bombay Hook National Wildlife Refuge
Prime Hook National Wildlife Refuge

                                 Florida

Arthur R. Marshall Loxahatchee National Wildlife Refuge
Cedar Keys National Wildlife Refuge
Chassahowitzka National Wildlife Refuge
Egmont Key National Wildlife Refuge
Hobe Sound National Wildlife Refuge
J.N. ``Ding'' Darling National Wildlife Refuge
Lake Woodruff National Wildlife Refuge
Lower Suwannee National Wildlife Refuge
Merrit Island National Wildlife Refuge
Pelican Island National Wildlife Refuge
Pinellas National Wildlife Refuge
St. Marks National Wildlife Refuge
St. Vincent National Wildlife Refuge
Ten Thousand Islands National Wildlife Refuge

                                 Georgia

Banks Lake National Wildlife Refuge
Blackbeard Island National Wildlife Refuge
Bond Swamp National Wildlife Refuge
Eufaula National Wildlife Refuge
Harris Neck National Wildlife Refuge
Okefenokee National Wildlife Refuge
Piedmont National Wildlife Refuge
Savannah National Wildlife Refuge
Wassaw National Wildlife Refuge
Wolf Island National Wildlife Refuge

                                  Guam

Guam National Wildlife Refuge

                                 Hawaii

Hakalau Forest National Wildlife Refuge
Hanalei National Wildlife Refuge
Kakahaia National Wildlife Refuge
Kilauea Point National Wildlife Refuge

[[Page 197]]

                                  Idaho

Bear Lake National Wildlife Refuge
Camas National Wildlife Refuge
Deer Flat National Wildlife Refuge
Grays Lake National Wildlife Refuge
Kootenai National Wildlife Refuge
Minidoka National Wildlife Refuge

                                Illinois

Chautauqua National Wildlife Refuge
Crab Orchard National Wildlife Refuge
Cypress Creek National Wildlife Refuge
Emiquon National Wildlife Refuge
Great River National Wildlife Refuge
Meredosia National Wildlife Refuge
Middle Mississippi River National Wildlife Refuge
Port Louisa National Wildlife Refuge
Two Rivers Naional Wildlife Refuge
Upper Mississippi River Wildlife and Fish Refuge

                                 Indiana

Big Oaks National Wildlife Refuge
Muscatatuck National Wildlife Refuge
Patoka River National Wildlife Refuge and Management Area

                                  Iowa

De Soto National Wildlife Refuge
Driftless Area National Wildlife Refuge
Neal Smith National Wildlife Refuge
Northern Tallgrass Prairie National Wildlife Refuge
Port Louisa National Wildlife Refuge
Union Slough National Wildlife Refuge
Upper Mississippi River Wild Life and Fish Refuge

                                 Kansas

Flint Hills National Wildlife Refuge
Kirwin National Wildlife Refuge
Marais des Cygnes Natinal Wildlife Refuge
Quivira National Wildlife Refuge

                                Kentucky

Clarks River National Wildlife Refuge
Ohio River Islands National Wildlife Refuge
Reelfoot National Wildlife Refuge

                                Louisiana

Atchafalaya National Wildlife Refuge
Bayou Cocodrie National Wildlife Refuge
Bayou Sauvage National Wildlife Refuge
Bayou Teche National Wildlife Refuge
Big Branch Marsh National Wildlife Refuge
Black Bayou Lake National Wildlife Refuge
Bogue Chitto National Wildlife Refuge
Breton National Wildlife Refuge
Cameron Prairie National Wildlife Refuge
Cat Island National Wildlife Refuge
Catahoula National Wildlife Refuge
D'Arbonne National Wildlife Refuge
Delta National Wildlife Refuge
Grand Cote National Wildlife Refuge
Lacassine National Wildlife Refuge
Lake Ophelia National Wildlife Refuge
Mandalay National Wildlife Refuge
Red River National Wildlife Refuge
Sabine National Wildlife Refuge
Tensas River National Wildlife Refuge
Upper Ouachita National Wildlife Refuge

                                  Maine

Lake Umbagog National Wildlife Refuge
Moosehorn National Wildlife Refuge
Petit Manan National Wildlife Refuge
Rachel Carson National Wildlife Refuge
Sunkhaze Meadows National Wildlife Refuge

                                Maryland

Blackwater National Wildlife Refuge
Eastern Neck National Wildlife Refuge
Patuxent Research Refuge

                              Massachusetts

 Assabet River National Wildlife Refuge
Great Meadows National Wildlife Refuge
Monomoy National Wildlife Refuge
Nantucket National Wildlife Refuge
Oxbow National Wildlife Refuge
Parker River National Wildlife Refuge

                                Michigan

Harbor Island National Wildlife Refuge
Kirtland's Warbler Wildlife Management Area
Seney National Wildlife Refuge
Shiawassee National Wildlife Refuge

                                Minnesota

Agassiz National Wildlife Refuge
Big Stone National Wildlife Refuge
Big Stone Wetland Management District
Detroit Lakes Wetland Management District
Fergus Falls Wetland Management District
Glacial Ridge National Wildlife Refuge
Litchfield Wetland Management District
Minnesota Valley National Wildlife Refuge
Minnesota Valley Wetland Management
Morris Wetland Management District
Northern Tallgrass Prairie National Wildlife Refuge
Rice Lake National Wildlife Refuge
Rydell National Wildlife Refuge
Sherburne National Wildlife Refuge
Tamarac National Wildlife Refuge
Upper Mississippi River Wild Life and Fish Refuge
Windom Wetland Management District

                               Mississippi

Bogue Chitto National Wildlife Refuge
Coldwater National Wildlife Refuge
Dahomey National Wildlife Refuge
Grand Bay National Wildlife Refuge
Hillside National Wildlife Refuge
Mathews Brake National Wildlife Refuge
Morgan Brake National Wildlife Refuge
Noxubee National Wildlife Refuge

[[Page 198]]

Panther Swamp National Wildlife Refuge
St. Catherine Creek National Wildlife Refuge
Tallahatchie National Wildlife Refuge
Yazoo National Wildlife Refuge

                                Missouri

Big Muddy National Wildlife Refuge
Clarence Cannon National Wildlife Refuge
Great River National Wildlife Refuge
Middle Mississippi River National Wildlife Refuge
Mingo National Wildlife Refuge
Squaw Creek National Wildlife Refuge
Swan Lake National Wildlife Refuge
Two Rivers National Wildlife Refuge

                                 Montana

Benton Lake National Wildlife Refuge
Black Coulee National Wildlife Refuge
Bowdoin National Wildlife Refuge
Charles M. Russell National Wildlife Refuge
Creedman Coulee National Wildlife Refuge
Hailstone National Wildlife Refuge
Halfbreed Lake National Wildlife Refuge
Hewitt Lake National Wildlife Refuge
Lake Mason National Wildlife Refuge
Lake Thibadeau National Wildlife Refuge
Lamesteer National Wildlife Refuge
Lee Metcalf National Wildlife Refuge
Lost Trail National Wildlife Refuge
Medicine Lake National Wildlife Refuge
National Bison National Wildlife Refuge
Nine-Pipe National Wildlife Refuge
Pablo National Wildlife Refuge
Red Rock Lakes National Wildlife Refuge
Swan River National Wildlife Refuge
UL Bend National Wildlife Refuge
War Horse National Wildlife Refuge

                                Nebraska

Boyer Chute National Wildlife Refuge
Crescent Lake National Wildlife Refuge
De Soto National Wildlife Refuge
Fort Niobrara National Wildlife Refuge
North Platte National Wildlife Refuge
Valentine National Wildlife Refuge

                                 Nevada

Ash Meadows National Wildlife Refuge
Desert National Wildlife Refuge
Pahranagat National Wildlife Refuge
Ruby Lake National Wildlife Refuge
Sheldon National Wildlife Refuge
Stillwater Management Area
Stillwater National Wildlife Refuge

                              New Hampshire

Great Bay National Wildlife Refuge
Silvio O. Conte National Wildlife Refuge

                               New Jersey

Cape May National Wildlife Refuge
Edwin B. Forsythe National Wildlife Refuge
Great Swamp National Wildlife Refuge
Supawna Meadows National Wildlife Refuge
Wallkill River National Wildlife Refuge

                               New Mexico

Bitter Lake National Wildlife Refuge
Bosque del Apache National Wildlife Refuge
Las Vegas National Wildlife Refuge
Maxwell National Wildlife Refuge
San Andres National Wildlife Refuge
Sevilleta National Wildlife Refuge

                                New York

Amagansett National Wildlife Refuge
Elizabeth A. Morton National Wildlife Refuge
Iroquois National Wildlife Refuge
Montezuma National Wildlife Refuge
Oyster Bay National Wildlife Refuge
Seatuck National Wildlife Refuge
Target Rock National Wildlife Refuge
Wertheim National Wildlife Refuge

                             North Carolina

Alligator River National Wildlife Refuge
Currituck National Wildlife Refuge
Cedar Island National Wildlife Refuge
Great Dismal Swamp National Wildlife Refuge
Mackay Island National Wildlife Refuge
Mattamuskeet National Wildlife Refuge
Pea Island National Wildlife Refuge
Pee Dee National Wildlife Refuge
Pocosin Lakes National Wildlife Refuge
Roanoke River National Wildlife Refuge
Swanquarter National Wildlife Refuge

                              North Dakota

Arrowwood National Wildlife Refuge
Arrowwood Wetland Management District
Audubon National Wildlife Refuge
Audubon Wetland Management District
Chase Lake National Wildlife Refuge
Chase Lake Wetland Management District
Crosby Wetland Management District
Des Lacs National Wildlife Refuge
Devils Lake Wetland Management District
J. Clark Salyer National Wildlife Refuge
J. Clark Salyer Wetland Management District
Kulm Wetland Management District
Lake Alice National Wildlife Refuge
Lake Ilo National Wildlife Refuge
Lake Nettie National Wildlife Refuge
Lake Zahl National Wildlife Refuge
Long Lake National Wildlife Refuge
Long Lake Wetland Management District
Lostwood National Wildlife Refuge
Lostwood Wetland Management District
Rock Lake National Wildlife Refuge
Sibley Lake National Wildlife Refuge
Slade National Wildlife Refuge
Stewart Lake National Wildlife Refuge
Tewaukon National Wildlife Refuge
Tewaukon Wetland Management District
Upper Souris National Wildlife Refuge
Valley City Wetland Management District

[[Page 199]]

                                  Ohio

Cedar Point National Wildlife Refuge
Ottawa National Wildlife Refuge

                                Oklahoma

Deep Fork National Wildlife Refuge
Little River National Wildlife Refuge
Optima National Wildlife Refuge
Salt Plains National Wildlife Refuge
Sequoyah National Wildlife Refuge
Tishomingo National Wildlife Refuge
Washita National Wildlife Refuge
Wichita Mountains National Wildlife Refuge

                                 Oregon

Bandon Marsh National Wildlife Refuge
Bear Valley National Wildlife Refuge
Cold Springs National Wildlife Refuge
Deer Flat National Wildlife Refuge
Hart Mountain National Antelope Refuge
Julia Butler Hansen Refuge for the Columbian White-Tailed Deer
Klamath Marsh National Wildlife Refuge
Lewis and Clark National Wildlife Refuge
Lower Klamath National Wildlife Refuge
Malheur National Wildlife Refuge
McKay Creek National Wildlife Refuge
McNary National Wildlife Refuge
Sheldon National Wildlife Refuge
Umatilla National Wildlife Refuge
Upper Klamath National Wildlife Refuge
William L. Finley National Wildlife Refuge

                              Pennsylvania

Erie National Wildlife Refuge
John Heinz National Wildlife Refuge at Tinicum
Ohio River Islands National Wildlife Refuge

                               Puerto Rico

[Reserved]

                              Rhode Island

Block Island National Wildlife Refuge
Ninigret National Wildlife Refuge
Pettaquamscutt Cove National Wildlife Refuge
Sachuest Point National Wildlife Refuge
Trustom Pond National Wildlife Refuge

                             South Carolina

ACE Basin National Wildlife Refuge
Cape Romain National Wildlife Refuge
Carolina Sandhills National Wildlife Refuge
Pinckney Island National Wildlife Refuge
Santee National Wildlife Refuge
Savannah National Wildlife Refuge
Waccamaw National Wildlife Refuge

                              South Dakota

Devils Lake Wetland Management District
Huron Wetland Management District
Lacreek National Wildlife Refuge
Lake Andes Wetland Management District
Madison Wetland Management District
Pocasse National Wildlife Refuge
Sand Lake National Wildlife Refuge
Sand Lake Wetland Management District
Waubay National Wildlife Refuge
Waubay Wetland Management District

                                Tennessee

Chickasaw National Wildlife Refuge
Cross Creeks National Wildlife Refuge
Hatchie National Wildlife Refuge
Lake Isom National Wildlife Refuge
Lower Hatchie National Wildlife Refuge
Reelfoot National Wildlife Refuge
Tennessee National Wildlife Refuge

                                  Texas

Anahuac National Wildlife Refuge
Aransas National Wildlife Refuge
Balcones Canyonlands National Wildlife Refuge
Big Boggy National Wildlife Refuge
Brazoria National Wildlife Refuge
Buffalo Lake National Wildlife Refuge
Hagerman National Wildlife Refuge
Laguna Atascosa National Wildlife Refuge
Lower Rio Grande Valley National Wildlife Refuge
McFaddin National Wildlife Refuge
San Bernard National Wildlife Refuge
Texas Point National Wildlife Refuge
Trinity River National Wildlife Refuge

                                  Utah

Bear River National Wildlife Refuge
Fish Springs National Wildlife Refuge
Ouray National Wildlife Refuge

                                 Vermont

Missisquoi National Wildlife Refuge

                                Virginia

Back Bay National Wildlife Refuge
Chinocteague National Wildlife Refuge
Eastern Shore of Virginia National Wildlife Refuge
Great Dismal Swamp National Wildlife Refuge
James River National Wildilfe Refuge
Mackay Island National Wildlife Refuge
Mason Neck National Wildlife Refuge
Occoquan Bay National Wildlife Refuge
Plum Tree Island National Wildlife Refuge
Presquile National Wildlife Refuge
Rappahannock River Valley National Wildlife Refuge
Wallops Island National Wildlife Refuge

                               Washington

Columbia National Wildlife Refuge
Conboy Lake National Wildlife Refuge
Dungeness National Wildlife Refuge
Hanford Reach National Monument/Saddle Mountain National Wildlife Refuge
Julia Butler Hansen Refuge for the Columbian White-tailed Deer

[[Page 200]]

Little Pend Oreille National Wildlife Refuge
McNary National Wildlife Refuge
Nisqually National Wildlife Refuge
Ridgefield National Wildlife Refuge
Toppenish National Wildlife Refuge
Umatilla National Wildlife Refuge
Willapa National Wildlife Refuge

                              West Virginia

Canaan Valley National Wildlife Refuge
Ohio River Islands National Wildlife Refuge

                                Wisconsin

Fox River National Wildlife Refuge
Horicon National Wildlife Refuge
Leopold Wetland Management District
Necedah National Wildlife Refuge
St. Croix Wetland Management District
Trempealeau National Wildlife Refuge
Upper Mississippi River National Wildlife and Fish Refuge
Whittlesey Creek National Wildlife Refuge

                                 Wyoming

National Elk Refuge
Pathfinder National Wildlife Refuge
Seedskadee National Wildlife Refuge

        United States Unincorporated Pacific Insular Possessions

Johnston Island National Wildlife Refuge
Midway Atoll National Wildlife Refuge

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29073, May 18, 1993; 58 
FR 29084, May 18, 1993; 59 FR 6685, 6688, Feb. 11, 1994; 59 FR 55183, 
55191, 55196, Nov. 3, 1994; 60 FR 5277, Jan. 26, 1995; 60 FR 52868, Oct. 
11, 1995; 60 FR 61212, Nov. 29, 1995; 60 FR 62040, Dec. 4, 1995; 61 FR 
31461, 31463, June 20, 1996; 61 FR 45366, Aug. 29, 1996; 61 FR 46393, 
Sept. 3, 1996; 62 FR 47375, Sept. 9, 1997; 63 FR 46914, Sept. 3, 1998; 
65 FR 30777, May 12, 2000; 65 FR 56400, Sept. 18, 2000; 66 FR 46353, 
Sept. 4, 2001; 67 FR 58943, Sept. 18, 2002; 68 FR 57315, Oct. 2, 2003; 
69 FR 54362, Sept. 8, 2004; 70 FR 54158, Sept. 13, 2005]



Sec. 32.8  Areas closed to hunting.

------------------------------------------------------------------------
  Proclamations and                     Land and waters
        orders                          within boundary
----------------------      State      and adjacent to,      Citation
                                           or in the
 No.        Date                         vicinity of--
------------------------------------------------------------------------
       Nov. 20, 1959.  Alabama.......  Wheeler National  24 FR 9513.
                                        Wildlife Refuge.
       Oct. 15, 1960.  .......do.....  .......do.......  25 FR 9899.
       Nov. 3, 1970..  .......do.....  Eufaula National  35 FR 16935.
                                        Wildlife Refuge.
 2325  Mar. 21, 1939.  Arkansas......  Big Lake          3 CFR Cum.
                                        National          Supp. 4 FR
                                        Wildlife Refuge.  1309.
       Oct. 24, 1958.  .......do.....  Holla Bend        23 FR 8429.
                                        National
                                        Wildlife Refuge.
 2274  Mar. 15, 1938.  .......do.....  White River       3 FR 591.
                                        National
                                        Wildlife Refuge.
       July 13, 1963.  Delaware......  Bombay Hook       28 FR 6228.
                                        National
                                        Wildlife Refuge.
       Oct. 22, 1953.  Florida.......  St. Marks         18 FR 7837.
                                        National
                                        Wildlife Refuge.
       Oct. 20, 1960.  .......do.....  .......do.......  25 FR 10030.
 2758  Dec. 2, 1947..  .......do.....  ``Ding'' Darling  3 CFR 1947
                                        National          Supp.; 12 FR
                                        Wildlife Refuge.  8039.
 2239  Apr. 10, 1939.  Georgia.......  Savannah          3 CFR Cum.
                                        National          Supp.; 4 FR
                                        Wildlife Refuge.  1595.
       Nov. 3, 1970..  .......do.....  Eufaula Wildlife  35 FR 16935.
                                        Refuge.
       Nov. 3, 1970..  .......do.....  Wassaw National   35 FR 16936.
                                        Wildlife Refuge.
 2748  Oct. 1, 1947..  Illinois......  Honshoe Lake,     3 CFR, 1947
                                        Alexander         Supp. 12 FR
                                        County.           6521.
       Sept. 9, 1953.  .......do.....  .......do.......  18 FR 5495.
 2748  Oct. 2, 1958..  Iowa..........  Upper             3 CFR, 1958
                                        Mississippi       Supp.; 23 FR
                                        River Wild Life   7825.
                                        and Fish Refuge.
 2322  Feb. 7, 1939..  Louisiana.....  Lacassine         3 CFR, Cum.
                                        National          Suppl. 4 FR
                                        Wildlife Refuge.  611.
       Nov. 19, 1982.  .......do.....  Delta National    47 FR 52183.
                                        Wildlife Refuge.
       Dec. 2, 1969..  .......do.....  Lacassine         34 FR 19077.
                                        National
                                        Wildlife Refuge.
       Aug. 13, 1960.  Maryland......  Martin National   25 FR 7741.
                                        Wildlife Refuge.
 2617  Oct. 18, 1948.  Massachusetts.  Parker River      3 CFR, 1948
                                        National          Supp. 13 FR
                                        Wildlife Refuge.  6115.
       Oct. 2, 1958..  Minnesota.....  Upper             3 CFR, 1958
                                        Mississippi       Supp. 23 FR
                                        River Wild Life   7825.
                                        and Fish Refuge.
 2200  Oct. 7, 1936..  Montana.......  Red Rock Lakes    1 FR 1554.
                                        National
                                        Wildlife Refuge.
       Aug. 30, 1976.  .......do.....  Charles M.        41 FR 31539.
                                        Russell
                                        National
                                        Wildlife Refuge.
 2284  May 9, 1939...  North Carolina  Pea Island        3 FR 912.
                                        National
                                        Wildlife Refuge.
 2129  July 18, 1935.  .......do.....  Swanquarter       49 Stat. 3450.
                                        National
                                        Wildlife Refuge.
       Aug. 21, 1963.  .......do.....  Mackay Island     28 FR 9209.
                                        National
                                        Wildlife Refuge.
       Sept. 22, 1967  .......do.....  Pee Dee National  32 FR 13384. 33
                                        Wildlife Refuge.  FR 749, Jan.
                                                          20, 1968.
       Sept. 27, 1964  .......do.....  .......do.......  49 FR 38141.
 2000  June 6, 1932..  South Carolina  Cape Romanain     47 Stat. 2513.
                                        National
                                        Wildlife Refuge.
 2329  Apr. 10, 1939.  .......do.....  Savannah          3 CFR, Cum.
                                        National          Supp.; 4 FR
                                        Wildlife Refuge.  1595.
       Sept. 13, 1968  .......do.....  Cape Romain       33 FR 12964.
                                        National
                                        Wildlife Refuge.
       Oct. 8, 1963..  Tennessee.....  Cross Creeks      28 FR 10782.
                                        National
                                        Wildlife Refuge.
       Aug. 23, 1956.  Texas.........  Aransas National  21 FR 6513.
                                        Wildlife
                                        Regudge.

[[Page 201]]

 
 2370  Oct. 16, 1939.  Virginia......  Back Bay          3 CFR, Cum.
                                        National          Supp. 4 FR
                                        Wildlife Refuge.  4285.
       Aug. 13, 1954.  .......do.....  Presquile         19 FR 5290.
                                        National
                                        Wildlife Refuge.
       Jan. 5, 1962..  .......do.....  Back Bay          27 FR 104; 27
                                        National          FR 858.
                                        Wildlife Refuge.
       Aug. 21, 1963.  .......do.....  Mackay Island     28 FR 9209.
                                        National
                                        Wildlife Refuge.
       Oct. 9, 1969..  .......do.....  Mason Neck        34 FR 15653.
                                        National
                                        Wildlife Refuge.
 2439  Nov. 7, 1940..  Washington....  Willapa National  3 CFR, Cum.
                                        Wildlife Refuge.  Supp.; 5 FR
                                                          4443.
       Oct. 2, 1958..  Wisconsin.....  Upper             3 CFR, 1958
                                        Mississippi       Supp.; 23 FR
                                        River Wild Life   7825.
                                        and Fish Refuge.
------------------------------------------------------------------------


[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 42880, Aug. 12, 1993]



      Subpart B_Refuge-Specific Regulations for Hunting and Fishing



Sec. 32.20  Alabama.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Bon Secour National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Fishing is permitted only from sunrise to sunset.
    2. Only nonmotorized boats and boats with electric motors are 
permitted on Gator and Little Gator Lakes.

                  Cahaba River National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
opossum, raccoon, coyote, and bobcat on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. You must possess and carry a signed hunt permit when hunting.
    2. We prohibit hunting within 100 yards (90 m) of River Road.
    3. We prohibit ATVs, mules, and horses on the refuge.
    4. We allow the use of dogs to hunt upland game, but the dogs must 
be under the immediate control of the handler at all times and not 
allowed to run free (see Sec. 26.21(b) of this chapter).
    5. We allow shotguns with 4 shot or smaller, rifles firing 
.22 caliber rimfire ammunition, or archery equipment.
    C. Big Game Hunting. We allow the hunting of white-tailed deer, 
feral hog, and wild turkey on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. You must possess and carry a signed hunt permit when hunting.
    2. We only allow the use of archery equipment during white-tailed 
deer season.
    3. We prohibit marking trees and the use of flagging tape, 
reflective tacks, and other similar marking devices.
    4. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 27.51 of this chapter). Hunters must 
remove stands from trees after each day's hunt (see Sec. Sec. 27.93 and 
27.94 of this chapter).
    5. We require tree stand users to use a safety belt or harness.
    6. We prohibit the use of dogs for hunting or pursuit of big game.
    7. Conditions B2 and B3 apply.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We prohibit the taking of frog or turtle (see Sec. 27.21 of this 
chapter).
    2. Condition B3 applies.

                    Choctaw National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. We prohibit hunting within 100 yards (90 m) of the fenced-in Work 
Center Area or the refuge boat ramp.
    2. Access to the Middle Swamp is by boat only. We prohibit access to 
the refuge from private land.
    3. We prohibit marking trees and use of flagging tape, reflective 
tacks, and other similar marking devices.
    4. You may take incidental species as listed in the refuge hunt 
permit during any fall hunt with those weapons legal during those hunts.
    5. You must possess and carry a signed refuge hunt permit when 
hunting.
    6. All youth hunters age 15 and younger must remain within sight and 
normal voice

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contact of an adult age 21 or older, possessing a license. Youth hunters 
must have passed a State-approved hunter education course. One adult may 
supervise no more than two youth hunters.
    7. We prohibit overnight mooring or storage of boats.
    8. We require hunters to check all harvested game at the conclusion 
of each day at one of the refuge check-out stations.
    9. You may only use approved nontoxic shot (see Sec. 32.2(k)) 
4 or smaller, .22 caliber rimfire, or legal archery equipment.
    10. We allow you to use dogs during the hunt, but the dogs must be 
under the immediate control of the handler at all times and not allowed 
to roam free (see Sec. 26.21(b) of this chapter). We prohibit dogs in 
the Middle Swamp area of the refuge.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog in accordance with State regulations subject to the following 
conditions:
    1. Conditions B1 through B8 apply.
    2. We require tree stand users to use a safety belt or harness.
    3. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 32.2(i)). Hunters must remove stands 
from trees each day (see Sec. 27.93 of this chapter).
    4. During the spring muzzleloader hunt for feral hog, muzzleloaders 
must be .40 caliber or larger without scopes. We require hunters to wear 
hunter orange in accordance with State big game regulations except you 
must also wear hunter orange while on tree stands.
    5. We prohibit participation in organized drives.
    6. We prohibit mules and horses on all refuge hunts.
    7. We prohibit hunting by aid or distribution of any feed, salt, or 
other mineral at any time.
    D. Sport Fishing. We allow fishing in designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing year-round, except in the waterfowl sanctuary, 
which we close from December 1 through March 1.
    2. With the exception of the refuge boat ramp, we limit access from 
\1/2\ hour before legal sunrise to \1/2\ hour after legal sunset.
    3. You may use a rod and reel and pole and line. We prohibit all 
other methods of fishing.
    4. We prohibit the taking of frogs or turtles (see Sec. 27.21 of 
this chapter).
    5. We prohibit bow fishing.
    6. We prohibit the use of airboats, hovercraft, and inboard 
waterthrust boats such as, but not limited to, personal watercraft, 
watercycles, and waterbikes on all waters of the refuge.
    7. We allow commercial fishing with the use of nets, seines, boxes, 
and baskets only by Special Use Permit.
    8. We prohibit mooring or storing of boats from \1/2\ hour after 
legal sunset to \1/2\ hour before legal sunrise.

                    Eufaula National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning and 
Eurasian-collared dove, duck, and goose on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You must possess and carry a signed refuge hunt permit when 
hunting.
    2. We allow dove hunting on selected areas and days during the State 
dove season. You may only possess approved nontoxic shotshells (see 
Sec. 32.2(k)).
    3. We allow goose and duck hunting in the Kennedy and Bradley Units 
on selected days until 12 p.m. (noon) during State waterfowl seasons. We 
close all other areas within the refuge to waterfowl hunting.
    4. You may only possess approved nontoxic shotshells while in the 
field (see Sec. 32.2(k)) in quantities of 25 or less when hunting duck 
or goose.
    5. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
Youth hunters must possess and carry verification of passing a State-
approved hunter education course. One adult may supervise no more than 
two youth hunters.
    B. Upland Game Hunting. We allow hunting of squirrel and rabbit on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1 and A5 apply.
    2. We allow squirrel and rabbit hunting on selected areas and days 
during the State season.
    3. We prohibit dogs (see Sec. 26.21(b) of this chapter).
    4. We allow only shotguns.
    5. We prohibit mooring or storing of boats from 2 hours after legal 
sunset to \1/2\ hour before legal sunrise.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 and B5 apply.
    2. We allow both archery deer and feral hog hunting during State 
archery and gun seasons.
    3. We close the portion of the refuge between Bustahatchee and Rood 
Creeks to archery hunting until November 1.
    4. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
We allow youth gun deer hunting (ages 10-16) within the Bradley Unit

[[Page 203]]

on weekends during October where youth age 16 or under must be 
supervised by an adult. Youth hunters must have passed a State-approved 
hunter education course. One adult may supervise no more than one youth 
hunter.
    5. We close the portion of the refuge around the Upland Impoundment, 
also designated by signs reading ``Closed Seasonally November 15-
February 28,'' to hunting after November 15.
    6. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 32.2(i)). Hunters must remove stands 
from the trees each day (see Sec. 27.93 of this chapter).
    7. We allow access to the refuge for all hunts from 1\1/2\ hours 
before legal sunrise to 1\1/2\ hours after legal sunset.
    8. We prohibit hunting by aid or distribution of any feed, salt, or 
other mineral at any time (see Sec. 32.2(h)).
    9. We prohibit participation in organized drives.
    10. We prohibit mules and horses on all refuge hunts.
    11. We require tree stand users to use a safety belt or harness.
    D. Sport Fishing. We allow fishing in designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing, including bowfishing, from legal sunrise to 
legal sunset only in refuge waters other than Lake Eufaula.
    2. We prohibit taking frog or turtle (see Sec. 27.21 of this 
chapter) from refuge waters not connected with Lake Eufaula.
    3. We adopt reciprocal license agreements between Alabama and 
Georgia for fishing in Lake Eufaula. Anglers fishing in refuge impounded 
waters must possess and carry a license for the State in which they are 
fishing.
    4. We prohibit use of boats with motors in all refuge impounded 
areas.
    5. Condition B5 applies.

                   Grand Bay National Wildlife Refuge

    Refer to Sec. 32.43 Mississippi for regulations.

                    Key Cave National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning and 
Eurasian-collared dove on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You must possess and carry a signed refuge hunt permit when 
hunting.
    2. We allow hunting on designated areas from 12 p.m. (noon) to legal 
sunset Mondays, Tuesdays, Fridays, and Saturdays.
    3. Hunters must park in designated parking areas. We prohibit 
parking vehicles on refuge roads or in the fields (see Sec. 27.31 of 
this chapter).
    4. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
Youth hunters must have passed a State-approved hunter education course. 
One adult may supervise no more than two youth hunters.
    5. We allow you to use dogs during the hunt, but the dogs must be 
under the immediate control of the handler at all times and not allowed 
to roam free (see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, and opossum on designated portions of the refuge in accordance 
with State regulations subject to the following conditions:
    1. Conditions A1 and A3 through A5 apply.
    2. We allow hunting on designated areas from legal sunrise to legal 
sunset Mondays, Tuesdays, Fridays, and Saturdays, except that you may 
hunt opossum and raccoon after legal sunset.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

               Mountain Longleaf National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of woodcock on 
designated areas of the refuge in accordance with State regulations 
subject to the following condition: You must possess and carry a signed 
hunt permit when hunting.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
groundhog, raccoon, opossum, beaver, and fox on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You must possess and carry a signed refuge hunt permit when 
hunting.
    2. We only allow hunting from legal sunrise to legal sunset.
    3. We prohibit the use of dogs (see Sec. 26.21(b) of this chapter) 
to hunt or pursue raccoon, opossum, or fox.
    C. Big Game Hunting. We allow hunting of white-tailed deer, bobcat, 
coyote, feral hog, and turkey on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Condition B1 applies.
    2. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 32.2(i)). Hunters must remove stands 
from trees each day (see Sec. 27.93 of this chapter).
    3. We prohibit using dogs (see Sec. 26.21(b) of this chapter) to 
hunt or pursue big game.
    D. Sport Fishing. [Reserved]

                   Sauta Cave National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the

[[Page 204]]

refuge in accordance with State regulations subject to the following 
condition: Sauty Creek Wildlife Management Area regulations apply.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Wheeler National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You must possess and carry a signed refuge hunt permit when 
hunting.
    2. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
4 or smaller, .22 caliber rimfire, or legal archery equipment.
    3. You must unload and case or dismantle firearms (see Sec. 27.42 
of this chapter) before placing them in a vehicle or boat.
    4. We prohibit hunting in the Triana recreation area or within 100 
yards (90 m) of any public building, public road, walking trail, or 
boardwalk.
    5. We prohibit mules and horses on all refuge hunts.
    6. We allow hunting on designated areas Monday through Saturday. We 
prohibit hunting on Sunday.
    7. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
Youth hunters must have passed a State-approved hunter education course. 
One adult may supervise no more than two youth hunters.
    8. We prohibit mooring or storing of boats from legal sunset to 
legal sunrise.
    9. We prohibit marking trees and the use of flagging tape, 
reflective tacks, and other similar marking devices.
    10. We allow the use of dogs to hunt upland game, but the dogs must 
be under the immediate control of the handler at all times and not 
allowed to run free (see Sec. 26.21(b) of this chapter).
    C. Big Game Hunting. We allow the hunting of white-tailed deer and 
feral hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions B1, B3, B4, B6, B8, and B9 apply.
    2. We prohibit participation in organized drives.
    3. We allow bows with broadhead arrows and flintlocks .40 caliber or 
larger only.
    4. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 32.2(i)). Hunters must remove stands 
from trees each day (see Sec. 27.93 of this chapter).
    5. We require tree stand users to use a safety belt or harness.
    6. We prohibit mules and horses on all refuge hunts.
    7. We prohibit hunting by aid or distribution of any feed, salt, or 
other mineral at any time (see Sec. 32.2(h)).
    8. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
Youth hunters must have passed a State-approved hunter education course. 
One adult may supervise no more than one youth.
    9. You may only hunt feral hog during the refuge archery and 
flintlock deer season.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We prohibit bank fishing around the shoreline of the refuge 
headquarters. Consult with the refuge brochure for further information.
    2. We open all other refuge waters to fishing year-round unless 
otherwise posted.
    3. We prohibit fishing in the Waterfowl Display Pool and other 
waters adjacent to the visitor center.
    4. We prohibit airboats and hovercraft on all waters within the 
refuge boundaries.
    5. We prohibit inboard waterthrust boats such as, but not limited 
to, personal watercraft, watercycles, and waterbikes on all waters of 
the refuge except that portion of the Tennessee River and Flint Creek 
from its mouth to mile marker 3.
    6. We prohibit mooring and storing of boats from legal sunset to 
legal sunrise.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29073, May 18, 1993; 59 
FR 6688, Feb. 11, 1994; 59 FR 55183, Nov. 3, 1994; 62 FR 47375, Sept. 9, 
1997; 63 FR 46915, Sept. 3, 1998; 65 FR 30777, May 12, 2000; 66 FR 
46353, Sept. 4, 2001; 69 FR 54362, Sept. 8, 2004; 69 FR 55995, Sept. 17, 
2004; 70 FR 54158, Sept. 13, 2005]



Sec. 32.21  Alaska.

    Alaska refuges are opened to hunting, fishing and trapping pursuant 
to the Alaska National Interest Lands Conservation Act (Pub. L. 96-487, 
94 Stat. 2371). Information regarding specific refuge regulations can be 
obtained from the Region 7 Office of the U.S. Fish and Wildlife Service, 
Anchorage, AK, or by contacting the manager of the respective individual 
refuge.



Sec. 32.22  Arizona.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

[[Page 205]]

              Bill Williams River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning and 
white-winged dove in accordance with State regulations subject to the 
following conditions:
    1. We only allow shotguns.
    2. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    3. We only allow hunting in accordance with State regulations for 
the listed species.
    4. We only allow hunting on the refuge in those areas south of the 
Bill Williams Road and east of Arizona State Rt. 95 and the south half 
of Section 35, T 11N-R 17W as posted.
    5. Only upon specific consent from an authorized refuge employee may 
you retrieve game from an area closed to hunting or entry.
    6. We prohibit hunting within 50 yards (45 m) of any building, road, 
or levee.
    7. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1 through A7 apply.
    2. We only allow hunting of cottontail rabbit from September 1 to 
the close of the State quail season.
    C. Big Game Hunting. We allow hunting of desert bighorn sheep in 
Arizona Wildlife Management Areas 16A and 44A in accordance with State 
regulations subject to the following conditions:
    1. Anyone for hire assisting or guiding a hunter(s) must obtain, 
possess, and carry a valid Special Use Permit issued by the refuge 
manager.
    2. Conditions A3 through A7 apply.
    D. Sport Fishing. We allow fishing in accordance with State 
regulations subject to the following conditions:
    1. We close the isolated grow-out cove near the visitor center to 
fishing as posted.
    2. We prohibit personal watercraft (PWC as defined by State law), 
air boats, and hovercraft on all waters within the boundaries of the 
refuge.
    3. We designate all waters as wakeless speed zones (as defined by 
State law).
    4. Persons fishing from a boat or other floating object must obtain, 
possess, and carry a current Colorado River shared jurisdiction stamp.

                  Buenos Aires National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and mourning and white-winged dove on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You may only use firearms (see Sec. 27.42 of this chapter) for 
the taking of legal game. You may only carry and use handguns in 
conjunction with a designated handgun season. We prohibit weapons in the 
No-Hunt Zone of the refuge headquarters, on Service property in Brown 
Canyon, and in the Watchable Wildlife Areas located at Arivaca Cienega 
and Arivaca Creek.
    2. We allow stands, but you must remove them at the end of the hunt 
(see Sec. 27.93 of this chapter).
    3. The No-Hunt Zones include: Clark Ranch Tract, Don Honnas Tract, 
all Service property in Brown Canyon, Arivaca Creek from milepost 7 to 
Arivaca and within \1/4\ mile (.4 km) of the creek bed, within \1/4\ 
mile (.4 km) of all refuge residences and structures, and within a 2-
mile (3.2 km) radius of both the refuge headquarters and the 10 mile (16 
km) Antelope Wildlife Drive.
    B. Upland Game Hunting. We allow hunting of cottontail rabbit, 
coyote, and skunk on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We only require a refuge permit to hunt coyote during April and 
May. Permits are available at refuge headquarters.
    2. Conditions A1 through A3 apply.
    3. Hunting groups using more than four horses must possess and carry 
a refuge permit.
    4. Each hunter using horses must provide water and feed and clear 
all horse manure from all campsites.
    C. Big Game Hunting. We allow hunting of mule and white-tailed deer, 
javelina, and feral hog on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You may only hunt feral hog during big game seasons. Each hunter 
must possess and carry a valid hunting license and big game permit for 
the season in progress. There is no bag limit.
    2. Conditions A1 through A3 and B3 apply.
    D. Sport Fishing. [Reserved]

                 Cabeza Prieta National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of desert bighorn sheep is permitted on 
designated areas of the refuge subject to the following condition: Entry 
permits are required.
    D. Sport Fishing. [Reserved]

                     Cibola National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of geese, ducks, 
coots, moorhens, common snipe, and mourning and white-winged doves on 
designated areas of the refuge subject to the following conditions:
    1. We allow only shotguns.

[[Page 206]]

    2. You may possess only approved nontoxic shot while in the field.
    3. You must obtain a permit to enter the Island Unit.
    4. You must pay a hunt fee in portions of the refuge. Consult refuge 
hunting leaflet for locations.
    5. We do not allow pit or permanent blinds.
    6. You may hunt only during seasons, dates, times, and areas posted 
by signs and/or indicated on refuge leaflets, special regulations, and 
maps available at the refuge office.
    7. You must remove all temporary blinds, boats, and decoys from the 
refuge following each day's hunt.
    8. We do not allow hunting within 50 yards (45 m) of any public 
roads or levees.
    9. We close Farm Unit 2 to all hunting except goose hunting during 
the Arizona waterfowl season.
    10. Consult the refuge hunt leaflet for the shot limit.
    11. The area known as Pretty Water is open to waterfowl hunting from 
\1/2\ hour before sunrise to 3:00 p.m. MST during the Arizona and 
California waterfowl seasons.
    12. The Hart Mine Marsh area is open to hunting from 10 a.m. to 3 
p.m. daily during goose season.
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit on designated areas of the refuge subject to the following 
conditions:
    1. We allow only shotguns and bows and arrows.
    2. You may possess only approved nontoxic shot while in the field.
    3. You may hunt cottontail rabbit from September 1 through the last 
day of the respective State's quail season.
    4. During the Arizona waterfowl season, you may not hunt quail and 
rabbit in Farm Unit 2.
    5. You may not hunt within 50 yards (45 m) of any public road.
    C. Big Game Hunting. We allow hunting of mule deer on designated 
areas of the refuge subject to the following conditions:
    1. During the Arizona waterfowl season, you may not hunt mule deer 
in Farm Unit 2.
    2. You may not hunt within 50 yards (45 m) of any public road.
    D. Sport Fishing. We allow sport fishing and frogging subject to the 
following condition: Cibola Lake is open to fishing and frogging from 
March 15 through Labor Day.

                     Havasu National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of mourning and 
whitewinged dove, duck, coot, moorhen, goose, and common snipe on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We prohibit falconry.
    2. You may possess only approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    3. You may not hunt within 50 yards (45m) of any building or public 
road.
    4. We prohibit target shooting or the discharge of any weapon except 
to hunt.
    5. We prohibit possession of firearms except while hunting.
    6. We prohibit the construction or use of pits and permanent blinds 
(see Sec. 27.92 of this chapter).
    7. You must remove temporary blinds, boats, hunting equipment, and 
decoys from the refuge following each day's hunt (see Sec. Sec. 27.93 
and 27.94 of this chapter).
    8. We prohibit retrieving game from closed areas. You may retrieve 
game from areas closed to hunting, but otherwise open to entry, as long 
as you possess no firearms or other means of take.
    9. Anyone hired to assist or guide hunter(s) must obtain, possess, 
and carry a valid Special Use Permit issued by the refuge manager.
    10. We prohibit hunting on those refuge lands within the Lake Havasu 
City limits.
    11. The following conditions apply only to Pintail Slough (all 
refuge lands north of North Dike):
    i. We require a fee for waterfowl hunting. You must possess proof of 
payment (refuge permit) while hunting.
    ii. Waterfowl hunters must hunt within 25 feet (7.5 m) of the 
numbered post of their assigned blind.
    iii. We limit the number of persons at each waterfowl hunt blind to 
three. Observers cannot hold shells or guns unless in possession of a 
valid State hunting license and stamps.
    iv. We limit the number of shells a waterfowl hunter may possess to 
25.
    v. Waterfowl hunters must possess at least 12 decoys per blind.
    vi. You may use only dead vegetation or materials brought from off 
refuge for making or fixing hunt blinds. We prohibit the cutting, 
pulling, marking or removing vegetation (see Sec. 27.51 of this 
chapter).
    vii. Waterfowl hunters must be at their blind at least 45 minutes 
before legal shoot time and not leave their blind until 10:00 am MST.
    viii. Waterfowl hunting ends at 12:00 p.m. (noon) MST. Hunters must 
be out of the slough area by 1:00 p.m. MST.
    ix. We allow hunting in the juniors-only waterfowl season.
    x. We allow dove hunting only during the September season.
    12. The following conditions apply to all waters of the lower 
Colorado River within the Havasu NWR:
    i. We close designated portions of Topock Marsh to all entry from 
October 1 through the last day of the waterfowl hunt season (including 
the State junior waterfowl hunt).

[[Page 207]]

These areas are indicated in refuge brochures and identified by buoys 
and/or signs.
    ii. We prohibit hunting in the waters of the Colorado River and on 
those refuge lands within 1/4 mile (.4 km) of the waters of the Colorado 
River from and including Castle Rock Bay north to Interstate 40.
    iii. We allow hunting on refuge lands and waters south of Castle 
Rock Bay to the north boundary of the Lake Havasu City limits.
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 through A10, A11vi., and A12 apply.
    2. We prohibit the possession or use of rifles.
    3. We allow hunting of quail in Pintail Slough prior to and 
following the State waterfowl season (The State waterfowl season 
includes the State general waterfowl season, the days between the 
juniors-only waterfowl hunt and the general State waterfowl season, and 
the juniors-only waterfowl hunt.).
    4. We allow hunting of cottontail rabbit in Pintail Slough prior to 
and following the State waterfowl season (The State waterfowl season 
includes the State general waterfowl season, the days between the 
juniors-only waterfowl hunt and the general State waterfowl season, and 
the juniors-only waterfowl hunt.).
    C. Big Game Hunting. We allow hunting of bighorn sheep on those 
refuge lands in Arizona Wildlife Management Area 16B in accordance with 
State regulations subject to the following conditions:
    1. Conditions A3 through A9 and A12ii apply.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations (Colorado River specific 
regulations apply) subject to the following conditions:
    1. We prohibit the use of all air-thrust boats or air-cooled 
propulsion engines, including floating aircraft.
    2. We prohibit overnight boat mooring and shore anchoring unless 
actively fishing as defined by State regulations (see Sec. 27.93 of 
this chapter).
    3. Anyone hired to assist or guide anglers must obtain, possess, and 
carry a valid Special Use Permit issued by the refuge manager.
    4. The following apply only on Topock Marsh:
    i. We close designated portions to all entry from October 1 through 
the last day of the waterfowl hunt season (including the State junior 
waterfowl hunt).
    ii. We close designated portions to all entry from April 1 through 
August 31. These areas are indicated in refuge brochures and identified 
by buoys and or signs.
    iii. We prohibit personal watercraft (PWC, as defined by State law).
    5. The following apply to all waters of the Colorado River within 
Havasu NWR from the south regulatory buoy line to the north regulatory 
buoy line at Interstate 40 (approximately 17 miles [27.2 km]).
    i. We prohibit personal watercraft (PWC, as defined by State law) as 
indicated by signs or regulatory buoys in all backwaters.
    ii. We limit watercraft speed as indicated by signs or regulatory 
buoys to no wake (as defined by State law) in all backwaters.
    iii. We prohibit water-skiing, tubing, wake boarding, or other 
recreational-towed devices.
    6. The following apply to the Mesquite Bay areas of Lake Havasu.
    i. We prohibit entry of all watercraft (as defined by State law) in 
all three bays as indicated by signs or regulatory buoys.
    ii. The Mesquite Bays are Day Use Only areas and open from 1 hour 
before legal sunrise to 1 hour after legal sunset.

                    Imperial National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of mourning and 
white-winged dove, duck, coot, moorhen, goose, and common snipe on 
designated areas of the refuge subject to the following conditions:
    1. Pits and permanent blinds are not allowed.
    2. Temporary blinds, boats and decoys must be removed from the 
refuge following each day's hunt.
    3. You may possess only approved nontoxic shot while in the field.
    B. Upland Game Hunting. We allow hunting of quail, cottontail 
rabbit, coyote, and fox on designated areas of the refuge subject to the 
following conditions:
    1. Allowed methods of take for quail and cottontail rabbit are 
shotgun and bow and arrow.
    2. You may possess only approved nontoxic shot while hunting quail 
and cottontail rabbit (see Sec. 32.2(k).
    3. We allow cottontail rabbit hunting from September 1 to the close 
of the State quail season.
    4. We require Special Use Permits for hunting coyote and fox.
    5. We allow coyote and fox hunting only during the State quail 
season.
    C. Big Game Hunting. We allow hunting of mule deer and desert 
bighorn sheep on designated areas of the refuge.
    D. Sport Fishing. We allow fishing and frogging for bullfrog on 
designated areas of the refuge subject to the following condition: We 
close posted portions of Martinez Lake and Ferguson Lake to entry from 
October 1 through the last day of February.

[[Page 208]]

                      Kofa National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. Hunting of quail, cottontail rabbit, coyote, 
and fox is permitted on designated areas of the refuge subject to the 
following conditions:
    1. Hunting of coyote, fox, and cottontail rabbit is permitted during 
the State quail season only, except as provided below.
    2. Hunting of coyote and fox is not permitted during the deer season 
except that deer hunters with valid Unit 45A, 45B, and 45C deer permits 
may take these predators until a deer is taken.
    3. Allowed method of take of cottontail rabbits is shotgun only.
    C. Big Game Hunting. Hunting of mule deer and desert bighorn sheep 
is permitted on designated areas of the refuge.
    D. Sport Fishing. [Reserved]

                 San Bernardino National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning and 
white-winged dove on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We allow only shotguns.
    2. You may possess only approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 and A2 apply.
    2. Cottontail rabbit season shall open on September 1 and close on 
the last day of the State quail season.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29073, May 18, 1993; 59 
FR 6688, Feb. 11, 1994; 59 FR 55183, Nov. 3, 1994; 60 FR 62040, Dec. 4, 
1995; 62 FR 47376, Sept. 9, 1997; 65 FR 30777, May 12, 2000; 66 FR 
46353, Sept. 4, 2001; 67 FR 58943, Sept. 18, 2002; 69 FR 54362, 54365, 
Sept. 8, 2004; 70 FR 54159, Sept. 13, 2005]



Sec. 32.23  Arkansas.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Bald Knob National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, snipe, woodcock, and dove on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We require refuge hunting permits. The permits are 
nontransferable, and anyone on refuge land in possession of hunting 
equipment must sign, possess, and carry the permits at all times.
    2. We allow hunting of duck, goose, and coot daily until 12 p.m. 
(noon) throughout the State seasons, except for season closures on the 
Farm Unit during Gun Deer Hunt and for the exception provided in A3.
    3. We allow hunting for goose from \1/2\ hour before sunrise until 
legal sunset after the closing of the duck season in January for the 
remainder of the State goose season(s) and Snow, Blue, and Ross' Goose 
Conservation Orders.
    4. We allow hunting for dove, snipe, and woodcock when their seasons 
correspond with duck and/or goose seasons.
    5. We prohibit commercial hunting/guiding.
    6. You may only possess approved nontoxic shot shells while in the 
field (see Sec. 32.2(k)) in quantities of 25 or less. The possession 
limit includes shells located in/on vehicles and other personal 
equipment.
    7. We prohibit hunting closer than 100 yards (90 m) to another 
hunter or hunting party.
    8. You must remove decoys, blinds, boats, and all other equipment 
(see Sec. 27.93 of this chapter) daily by 2:00 p.m.
    9. Waterfowl hunters may enter the refuge parking areas at 4:45 a.m. 
and access the refuge at 5 a.m.
    10. Hunters may leave boats with the owner's name and address 
permanently displayed or valid registration on the refuge from March 1 
through October 31.
    11. We prohibit possession of or marking trails with materials other 
than biodegradable paper flagging or reflective tape/tacks.
    12. We prohibit building or hunting from permanent blinds.
    13. We prohibit cutting of holes or manipulation of vegetation 
(i.e., cutting bushes, mowing, weed-eating, herbicide use, etc.) and 
hunting from manipulated areas (see Sec. 27.51 of this chapter).
    14. We allow retriever dogs.
    15. You must unload firearms (see Sec. 27.42(b) of this chapter) 
when carried in/on land vehicles or boats under power.
    16. We allow waterfowl hunting from roads and levees.
    17. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
license. For migratory bird hunting, one adult may supervise no more 
than two youth hunters.
    18. We prohibit target practice or nonhunting discharge of firearms 
(see Sec. 27.42 of this chapter).
    19. We only allow vehicle use on established roads and trails (see 
Sec. 27.31 of this chapter). We limit vehicle access on the Mingo Creek 
Unit to ATV use, only on marked ATV trails. You may use conventional 
vehicles on the Farm Unit from March

[[Page 209]]

1 to November 14. You may only use ATVs from November 15 to February 28 
for access beyond Parking Areas.
    20. We prohibit entry into or hunting in waterfowl sanctuaries from 
November 15 through February 28.
    21. You must adhere to all public use special conditions and 
regulations on the annual hunt brochure/permit.
    22. We prohibit airboats, hovercraft, and personal watercraft (Jet 
Ski, etc.).
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, 
raccoon, opossum, beaver, muskrat, nutria, armadillo, coyote, and feral 
hog on designated areas of the refuge in accordance with State 
regulations subject to the following special conditions:
    1. Conditions A1, A5, A11, A15, A17 (for upland game hunting, one 
adult may supervise no more than two youth hunters), A18, A19, A21, and 
A22 apply.
    2. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    3. We allow fall squirrel hunting in accordance with the State 
season on the Mingo Creek Unit and on the Farm Unit, except for season 
closure on the Farm Unit during the Gun Deer Hunt. We prohibit dogs, 
except for the period of January 15 through February 28. We do not open 
for the spring squirrel season.
    4. We allow rabbit hunting in accordance with the State season on 
the Mingo Creek Unit and on the Farm Unit, except for season closure on 
the Farm Unit during the Gun Deer Hunt. We prohibit dogs, except for the 
period of January 15 through February 28.
    5. We allow quail hunting in accordance with the State season except 
for season closure on the Farm Unit only during the Gun Deer Hunt. We 
allow dogs.
    6. We allow hunting of raccoon and opossum with dogs beginning in 
November and continuing for up to a 3-week period. We list annual season 
dates in the refuge hunting brochure/permit. We prohibit pleasure 
running or training of dogs.
    7. We prohibit the use of horses.
    8. You may take beaver, muskrat, nutria, armadillo, feral hog, and 
coyote during any refuge hunt with the weapon allowed for that hunt.
    9. We prohibit entry into or hunting in refuge waterfowl sanctuaries 
from November 15 to February 28.
    10. We prohibit hunting from roads except by waterfowl hunters.
    11. You may leave boats with the owner's name and address or valid 
registration permanently displayed on the refuge from March 1 through 
October 31.
    12. We prohibit hunting from a vehicle.
    13. We only allow rifles chambered for rimfire cartridges.
    C. Big Game Hunting. We allow hunting of deer and turkey on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1, A5, A11, A15, A18, A19, A21, A22, and B8, B11, and 
B12 apply.
    2. We divide the refuge into two hunting units: Farm Unit and Mingo 
Creek Unit.
    3. The archery/crossbow hunting season for deer begins on the 
opening day of the State season and continues throughout the State 
season in the Mingo Creek Unit and Farm Unit except for the season 
closure on the Farm Unit during the Gun Deer Hunt. We provide annual 
season dates and bag limits on the hunt brochure/permit.
    4. Muzzleloader hunting season for deer will begin in October and 
will continue for a period of up to 9 days in all hunting units with 
annual season dates and bag limits provided on the hunt brochure/permit.
    5. The Gun Deer Hunt will begin in November and continue for a 
period of up to 9 days on the Farm Unit with annual season dates and bag 
limits provided on the hunt brochure/permit. We close the Mingo Creek 
Unit.
    6. The fall archery/crossbow hunting season for turkey will begin on 
the opening day of the State season and continue throughout the State 
season on the Mingo Creek Unit only.
    7. We prohibit spring and fall gun hunting for turkey.
    8. Immediately record the zone 002 on your hunting license and later 
at an official check station for all deer and turkey harvested on the 
refuge.
    9. You may only possess shotguns with rifled slugs, muzzleloaders, 
and legal pistols during the modern Gun Deer Hunt.
    10. You may only use single-person portable deer stands.
    11. We prohibit hunting from a vehicle or use of a vehicle as a deer 
stand.
    12. You must permanently affix the owner's name and address to all 
deer stands on the refuge.
    13. You must remove all deer stands from the Waterfowl Sanctuaries 
by November 14, except for stands used by Gun Deer Hunt permit holders 
who must remove their stands by the last day of the gun hunt. You must 
remove all stands from the rest of the refuge by the last day of the 
archery season (see Sec. 27.93 of this chapter).
    14. We prohibit the use of dogs.
    15. We prohibit the possession of buckshot on all refuge lands.
    16. We prohibit hunting from a mowed and/or graveled road right-of-
way.
    17. Refuge lands are located in State flood zone B, and we will 
close them to all deer hunting when the White River gauge at Augusta 
reaches 31 feet (9.3 m), as reported by the National Weather Service in 
the Arkansas Democrat Gazette, and reopen them when the same gauge 
reading in this newspaper falls to or below 19 feet (5.7 m).

[[Page 210]]

    18. We only allow Gun Deer Hunt permit holders on the Farm Unit 
during the Gun Deer Hunt.
    19. We close Waterfowl Sanctuaries to all entry and hunting from 
November 15 to February 28, except for Gun Deer Hunt permit holders, who 
may hunt the sanctuary when the season overlaps with these dates.
    20. An adult not less than age 21 must supervise and remain within 
sight and normal voice contact of hunters age 15 and under. For big game 
hunting, one adult may only supervise one youth.
    D. Sport Fishing. We allow fishing and frogging in accordance with 
State regulations subject to the following conditions:
    1. Conditions A5, A19, A21, and A22 apply.
    2. We close waterfowl sanctuaries to all entry and fishing/frogging 
from November 15 to February 28. We also close the Farm Unit to all 
entry and fishing during the Gun Deer Hunt.
    3. You may leave boats with the owner's name and address permanently 
displayed or valid registration on the refuge from March 1 to October 
31. We prohibit use of boats from 12 p.m. (midnight) to 5 a.m. during 
duck season.
    4. We prohibit commercial fishing.
    5. We limit nighttime use to anglers fishing/frogging with fishing 
and/or frogging tackle only.
    6. We prohibit mooring houseboats to the refuge bank on the Red 
River.

                    Big Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, nutria, coyote, beaver, and opossum on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We require refuge hunt permits. The permits are nontransferable 
and anyone on refuge land in possession of hunting equipment must sign 
and carry the permit at all times.
    2. We prohibit firearms (see Sec. 27.42 of this chapter) on the 
refuge, except during refuge squirrel, rabbit, and raccoon seasons. We 
provide annual season dates in the refuge hunting brochure/permit.
    3. You may take nutria, beaver, and coyote during any refuge hunt 
with the firearm allowed for that hunt, subject to State seasons.
    4. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
For small game hunts, one adult may supervise no more than two youth 
hunters.
    5. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    6. You may take opossum during a raccoon hunt.
    7. We prohibit dogs except for raccoon hunting. We prohibit pleasure 
running or training of dogs (see Sec. 26.21(b) of this chapter).
    8. You may only possess shotguns with approved nontoxic shot (see 
Sec. 32.2(k)) and rifles firing .22 caliber rimfire ammunition.
    9. You must unload and case firearms (see Sec. 27.42(b) of this 
chapter) while in a vehicle, on any refuge road, parking area, or boat 
ramp.
    10. We prohibit firearms south of Highway 18 and at the Brights 
Landing boat access.
    11. We prohibit boats from November 1 through February 28, except on 
that portion of the refuge open for public fishing with electric motors 
and Ditch 28.
    12. We prohibit hunting from mowed or gravel roads.
    13. We prohibit ATVs (see Sec. 27.31(f) of this chapter).
    14. You must adhere to all public use special conditions and 
regulations on the annual hunt brochure/permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions B1, and B11 through B14 apply.
    2. We allow archery/crossbow hunting for white-tailed deer. We 
provide annual season dates in the hunt brochure/permit.
    3. Hunters may only possess long, recurve, compound, or crossbows. 
We prohibit possession of firearms (see Sec. 27.42 of this chapter) by 
archery/crossbow hunters.
    4. We prohibit dogs.
    5. We prohibit possession of or marking trails with materials other 
than biodegradable paper/flagging or reflective tape/tacks.
    6. Upon harvest of deer, hunters must immediately record the deer 
zone 030 on their license and later on official check station records.
    7. Hunters must check out (check harvested deer) at the Hunter 
Information Station.
    8. We only allow portable tree stands, and you must remove them 
daily (see Sec. 27.93 of this chapter).
    9. We prohibit driving metal or other objects into trees or hunting 
from trees in which objects have been driven (see Sec. 32.2(i)).
    10. We prohibit cutting, pruning, or trimming vegetation (see Sec. 
27.51 of this chapter).
    11. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    12. Hunters may enter the refuge no earlier than 1 hour before legal 
shooting time and depart no later than 1 hour after legal shooting time.
    13. An adult age 21 or older must supervise and remain within sight 
and normal voice contact of hunters age 15 and under. For big

[[Page 211]]

game hunts, one adult may supervise no more than 1 youth.
    D. Sport Fishing. Fishing and frogging are permitted on designated 
areas of the refuge subject to the following conditions:
    1. We prohibit the use of limb lines and jug fishing.
    2. The use of limb lines and toxic chemical containers for jug 
fishing is not permitted.
    3. The ends of trotlines must consist of a length of cotton line 
that extends from the points of attachment into the water.
    4. Boats may be launched only in designated areas.
    5. We prohibit ATVs, airboats, personal watercraft, Jet Skis, and 
hovercraft (see Sec. 27.31(f) of this chapter).
    6. Frogging is permitted from the beginning of the State frogging 
season through October 31. The use of archery equipment for taking frogs 
is not permitted.
    7. The taking of largemouth bass is permitted in accordance with the 
posted length and/or slot limits.
    8. We prohibit possessing turtles (see Sec. 27.21 of this chapter).

                  Cache River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, snipe, woodcock, and dove on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We require refuge hunting permits. These permits are 
nontransferable, and anyone on the refuge in possession of hunting 
equipment must sign and carry the permit at all times.
    2. We allow hunting of duck, goose, and coot daily until 12 p.m. 
(noon) throughout the State seasons, except for refugewide season 
closures during Gun Deer Hunt and the exception provided in A3.
    3. We allow hunting for goose from \1/2\ hour before legal sunrise 
to legal sunset after the close of duck season in January for the 
remainder of the State goose season(s) and Snow, Blue and Ross' Goose 
Conservation Order.
    4. We allow hunting for dove, snipe, and woodcock when their seasons 
correspond with duck and/or goose seasons.
    5. No person, including but not limited to, a guide, guide service, 
outfitter, club, or other organization, will provide assistance, 
services, or equipment on the refuge to any other person for 
compensation unless such guide, guide service, outfitter, club, or 
organization has obtained a Special Use Permit from the refuge. For the 
purposes of this regulation, we will consider any fees or services 
rendered to a person for lodging, meals, club membership or similar 
services as compensation.
    6. We prohibit hunting, taking, possessing, or attempting to take 
wildlife with a guide, guide service, outfitter, club, or organization 
providing assistance, service, or equipment who does not possess and 
carry the required refuge Special Use Permit.
    7. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    8. You must remove decoys, blinds, boats, and all other equipment 
(see Sec. 27.93 of this chapter) daily by 2 p.m.
    9. Waterfowl hunters may enter the refuge parking areas at 4:45 a.m. 
and access the refuge at 5 a.m.
    10. We prohibit boats on the refuge from 12 p.m. (midnight) to 5 
a.m. during duck season.
    11. We prohibit possession of or marking trails with materials other 
than biodegradable paper, flagging, or reflective tape/tacks.
    12. We prohibit building, or hunting from, permanent blinds.
    13. We prohibit cutting of holes or other manipulation of vegetation 
(e.g., cutting bushes, mowing, weed-eating, herbicide use, and other 
actions) or hunting from manipulated areas (see Sec. 27.51 of this 
chapter).
    14. We allow retriever dogs.
    15. You must unload firearms when carried in/on land vehicles or 
boats under power (see Sec. 27.42(b) of this chapter).
    16. We allow waterfowl hunting on flooded roads.
    17. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
license. For migratory bird hunting, one adult may supervise no more 
than two youth hunters.
    18. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    19. We prohibit ATVs except on established roads used by 
conventional vehicles on refuge lands south of Highway 38. We prohibit 
driving around a locked gate, barrier, or beyond a sign closing a road 
to vehicular traffic. We only allow vehicle use on established roads 
(see Sec. 27.31 of this chapter).
    20. We prohibit entry into or hunting in Waterfowl Sanctuaries from 
November 15 through February 28.
    21. You must adhere to all public use special conditions and 
regulations on the annual hunt brochure/permit.
    22. We close all other hunts during the Gun Deer Hunt. We only allow 
Gun Deer Hunt permit holders on the refuge during this hunt.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, 
raccoon, opossum, beaver, muskrat, nutria, armadillo, coyote, and feral 
hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1, A5, A6, A7, A11, A15, A17 (for upland game hunts, 
the adult may supervise no more than two youth hunters), and A18 through 
A21 apply.
    2. Fall squirrel season corresponds with the State season on all 
refuge hunt units except

[[Page 212]]

for refugewide season closure during the Gun Deer Hunt. We prohibit dogs 
except during the period January 15 through February 28. We do not open 
for the spring squirrel season.
    3. Rabbit season corresponds with the State season on all refuge 
hunt units except for refugewide season closure during the Gun Deer 
Hunt. We prohibit dogs except during the period January 15 through 
February 28.
    4. Quail season corresponds with the State season on all refuge hunt 
units except for refugewide season closure during the Gun Deer Hunt. We 
allow dogs.
    5. We allow hunting of raccoon and opossum with dogs on all refuge 
hunt units. We provide annual season dates in the refuge hunting 
brochure/permit. We prohibit pleasure running or training of dogs.
    6. We allow the use of horses for raccoon and opossum hunters in 
refuge Hunt Unit I. We prohibit horse use in other refuge hunt units or 
by other refuge hunters or visitors.
    7. You may take beaver, muskrat, nutria, armadillo, feral hog, and 
coyote during any refuge hunt with the firearm allowed for that hunt.
    8. We prohibit hunting from mowed and/or graveled roads except by 
waterfowl hunters during flooded conditions.
    9. You may leave boats with the owner's name and address or valid 
registration permanently displayed on the refuge from March 1 through 
October 31. We prohibit boats on the refuge from 12 p.m. (midnight) 
until 5 a.m. during the duck season.
    10. We prohibit hunting from a vehicle.
    11. We only allow rifles chambered for rimfire cartridges.
    12. We close all other hunts during the Gun Deer Hunt. We only allow 
Gun Deer Hunt permit holders on the refuge during this hunt.
    C. Big Game Hunting. We allow hunting of deer and turkey on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1, A5, A6, A11, A15, A18 through A21, B9, and B10 
apply.
    2. We divide the refuge into the following three hunting units: Unit 
I--refuge lands between Highway 79 and Interstate 40; Unit II--all 
refuge lands east of Highway 33 between Interstate 40 and Highway 18 at 
Grubbs, Arkansas; Unit III--all refuge lands west of Highway 33, from 
Interstate 40 to Highway 64.
    3. Archery/crossbow hunting season for deer begins on the opening 
day of the State season and continues throughout the State season in all 
refuge hunting units except for refugewide season closure during the Gun 
Deer Hunt. We provide annual season dates and bag limits on the hunt 
brochure/permit.
    4. Muzzleloader hunting season for deer will begin in October and 
will continue for a period of up to 9 days in all hunting units with 
annual season dates and bag limits provided on the hunt brochure/permit.
    5. The Gun Deer Hunt will begin in November and continue for a 
period of up to 9 days in all hunting units with annual season dates and 
bag limits provided on the hunt brochure/permit.
    6. The fall archery/crossbow hunting season for turkey will begin on 
the opening day of the State season and continue throughout the State 
season in Hunt Units I, III, and Unit II lands within the fall State 
archery/crossbow turkey zone except for refugewide season closure during 
the Gun Deer Hunt. We close Unit II lands outside the fall archery/
crossbow turkey zone. We do not open for fall gun hunting for turkeys.
    7. The spring gun hunt for turkey will begin on the opening day of 
the State season and continue throughout the State season in Hunt Units 
I and III. We close Unit II lands with the exception of those refuge 
lands included in the combined Black Swamp Wildlife Management Area/
Cache River National Wildlife Refuge quota permit hunts administered by 
the State.
    8. Immediately record the zone 095 on your hunting license and later 
at an official check station for all deer and turkey harvested on the 
refuge.
    9. You may only possess shotguns with rifled slugs, muzzleloaders, 
and legal pistols during the modern Gun Deer Hunt on the Dixie Farm Unit 
Waterfowl Sanctuary, adjacent waterfowl hunt area, and the Plunkett Farm 
Unit Waterfowl Sanctuary.
    10. We only allow portable deer stands capable of being carried by a 
single individual.
    11. We prohibit hunting from a vehicle or use of a vehicle as a deer 
stand.
    12. You must permanently affix the owner's name and address to all 
deer stands on the refuge.
    13. You must remove all deer stands from the waterfowl sanctuaries 
by November 14 and from the rest of the refuge by the last day of 
archery season (see Sec. 27.93 of this chapter).
    14. We prohibit the use of dogs.
    15. We prohibit the possession of buckshot on all refuge lands.
    16. We prohibit hunting from a mowed and/or graveled road right-of-
way.
    17. We will close refuge lands located in State-designated Flood 
Prone Region B and reopen them to all deer hunting in accordance with 
State-established gauge readings, when the Arkansas Democrat Gazette 
posts these gauge readings.
    18. We will close refuge lands located in State-designated Flood 
Prone Region C to all deer hunting when the Cache River gauge at 
Patterson reaches 10 feet (3 m), as reported by the National Weather 
Service in the Arkansas Democrat Gazette, and reopen them when the same 
gauge reading in this newspaper falls to or below 8.5 feet (2.6 m).

[[Page 213]]

    19. We will close refuge lands located in Flood Prone Region D to 
all deer hunting when the White River gauge at Clarendon reaches 28 feet 
(8.4 m), as reported by the National Weather Service in the Arkansas 
Democrat Gazette, and reopen them when the same gauge reading in this 
newspaper falls to or below 27 feet (8.1 m).
    20. We close all other hunts during the Gun Deer Hunt. We only allow 
Gun Deer Hunt permit holders on the refuge during this hunt.
    21. An adult not less than age 21 must supervise and remain within 
sight and normal voice contact of hunters age 15 and under. For big game 
hunting, one adult may only supervise one youth.
    D. Sport Fishing. We allow fishing and frogging in accordance with 
State regulations subject to the following conditions:
    1. We close waterfowl sanctuaries to all entrance and fishing/
frogging from November 15 to February 28. We prohibit refugewide entry 
and fishing during the Gun Deer Hunt.
    2. Conditions A19, A21, B9, and B10 apply.
    3. We require a Special Use Permit for all commercial fishing 
activities on the refuge.
    4. We prohibit hovercraft, personal watercraft (Jet Skis, etc.), and 
airboats.

                   Felsenthal National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of duck, goose, 
coot, and woodcock on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We allow hunting of duck, goose, and coot during the State duck 
season except during scheduled quota refuge Gun Deer Hunts. We allow 
hunting of woodcock during the State season. Dates for quota deer hunts 
are typically in November, and we publish them annually in the refuge 
hunt brochure.
    2. Hunting of duck, goose, and coot ends at 12 p.m. (noon) each day.
    3. We only allow portable blinds. You must remove all duck hunting 
equipment (portable blinds, boats, guns, and decoys) (see Sec. 27.93 of 
this chapter) from the hunt area by 1:30 p.m. each day.
    4. You may only possess approved nontoxic shells (see Sec. 32.2(k)) 
in quantities of 25 or less each day during waterfowl season; hunters 
may not discharge more than 25 shells per day.
    5. We close areas of the refuge posted with ``Area Closed'' signs 
and identify them on the refuge hunt brochure map as a Waterfowl 
Sanctuary and closed to all public entry and public use during waterfowl 
hunting season. Exception: we open the Waterfowl Sanctuary to all 
authorized activities during the September teal season.
    6. No person will utilize the services of a guide, guide service, 
outfitter, club, organization, or other person who provides equipment, 
services, or assistance on Refuge System lands for compensation unless 
the guide, guide services, outfitter, club, organization, or person has 
obtained a Special Use Permit from the refuge. It is the responsibility 
of the hunter to verify that the guide has the required Special Use 
Permit; failure to comply with this provision subjects each hunter in 
the party to a fine if convicted of this violation.
    7. You must possess and carry a refuge hunt brochure permit. These 
hunt brochure permits are available in unlimited qualitites at the 
refuge office, brochure dispensers at multiple locations throughout the 
refuge, and at area businesses.
    8. We prohibit possession and/or use of herbicides.
    9. We prohibit marking trails with tape, ribbon, paint, or any other 
substance other than biodegradable materials.
    10. We prohibit possession or use of alcoholic beverage(s) while 
hunting (see Sec. 32.2(j)). We prohibit consumption or possession of 
opened container(s) of alcoholic beverage(s) in parking lots, on 
roadways, and in plain view in campgrounds.
    11. All persons born after 1968 must posses a valid hunter education 
card in order to hunt.
    12. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
license. One adult may supervise no more than two youth hunters.
    13. We only allow ATVs for wildlife-dependent activities such as 
hunting and fishing. We restrict ATVs to designated times and designated 
trails (see Sec. 27.31 of this chapter) marked with signs and paint. We 
identify these trails and the dates they are open for use in the refuge 
hunt brochure. We limit ATVs to those having an engine displacement size 
not exceeding 700cc. We limit ATV tires to those having a centerline lug 
depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV 
trails (when open to motor vehicle and ATV traffic respectively) as a 
mode of transportation for on-refuge, wildlife-dependent activities.
    14. We prohibit hunting within 150 feet (45 m) of roads and trails 
(see Sec. 27.31 of this chapter) open to motor vehicle use (including 
ATV trails).
    15. We prohibit target practice with any weapon or any nonhunting 
discharge of firearms (see Sec. 27.42 of this chapter).
    16. We only allow camping at designated primitive campground sites 
identified in the refuge hunt brochure, and we restrict camping to 
individuals involved in wildlife-dependent refuge activities. Campers 
may stay no more than 14 days during any 30 consecutive-day period in 
any campground and must occupy camps daily. We prohibit all 
disturbances, including use of generators, after 10 p.m. You must unload 
all weapons (see

[[Page 214]]

Sec. 26.42(b) of this chapter) within 100 yards (90 m) of a campground.
    17. You may take beaver, nutria, feral hog, and coyote during any 
daytime refuge hunt with weapons and ammunition allowed for that hunt. 
There is no bag limit. You may not transport live hogs.
    18. We prohibit blocking of gates and roadways (see Sec. 27.31(h) 
of this chapter).
    19. We allow the use of retriever dogs.
    20. We require you to unload and case any firearms (see Sec. 
27.42(b) of this chapter) transported in any land vehicle, boat under 
power, or on horses. We define ``loaded'' as any shells in the gun or 
cap on a muzzleloader.
    21. We prohibit the use or possession of any electronic call or 
other electronic device used for producing or projecting vocal sounds of 
any wildlife species.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, opossum, beaver, nutria, and coyote on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. Conditions A4 through A18, A20, and A21 apply.
    2. We allow hunting on the refuge during State seasons for this zone 
through January 31. We list specific hunting season dates annually in 
the refuge hunt brochure. We close hunting during refuge quota deer 
hunts. We annually publish dates for these quota deer hunts in the 
refuge hunt brochure.
    3. We do not open for spring squirrel hunting season and summer/
early fall raccoon hunting season on the refuge.
    4. We prohibit possession of lead ammunition except that you may use 
rimfire rifle lead ammunition no larger than .22 caliber for upland game 
hunting. We prohibit possession of shot larger than that legal for 
waterfowl hunting.
    5. You may use dogs for squirrel and rabbit hunting from December 1 
through January 31. You may also use dogs for quail hunting and for 
raccoon/opossum hunting during open season on the refuge for these 
species. At other times, you must keep dogs and other pets on a leash or 
confine them (see Sec. 26.21(b) of this chapter).
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A6, A8 through A11, A13 through A18, A20, and A21 
apply.
    2. We allow archery deer hunting on the refuge from the opening of 
the State season for this deer management zone through January 31.
    3. You must possess and carry a refuge hunt brochure permit to 
archery deer hunt, and multiple copies of these brochures are available 
at the refuge office, in brochure dispensers located at entrances 
throughout the refuge, and at many area businesses.
    4. We close archery deer hunting during the quota deer hunts.
    5. The refuge will conduct only one 2-day quota permit for the 
muzzleloader deer hunt (typically in October) and only two 2-day quota 
permits for the Gun Deer Hunts (typically in November).
    6. We restrict hunt participants for quota hunts to those drawn for 
a quota permit. The permits are nontransferable. Hunt dates and 
application procedures will be available at the refuge office in July.
    7. The quota muzzleloader and Gun Deer Hunt bag limit is one deer, 
either sex, on each hunt.
    8. You must check all harvested deer during quota hunts at refuge 
deer check stations on the same day of the kill. We identify the check 
station locations in the refuge hunt brochure. Carcasses of deer taken 
must remain intact (except you may field dress) until checked.
    9. You may only use portable deer stands. You may erect stands 2 
days before each hunt, but you must remove them within 2 days after each 
hunt (see Sec. 27.93 of this chapter).
    10. We prohibit horses and mules during refuge quota deer hunts.
    11. We open spring archery turkey hunting during the State spring 
turkey season for this zone. We do not open for fall archery turkey 
season.
    12. We close spring archery turkey hunting during scheduled turkey 
quota gun hunts.
    13. The refuge will conduct one 2-day, youth-only (age 15 and under 
at the beginning of the spring turkey season) quota spring turkey hunt 
and two 3-day quota spring turkey hunts (typically in April). Specific 
hunt dates and application procedures will be available at the refuge 
office in January. We restrict hunt participants to those selected for a 
quota permit, except that one nonhunting adult age 21 or older must 
accompany the youth hunter during the youth hunt.
    14. An adult age 21 or older must accompany and be within sight or 
normal voice contact of hunters age 15 and under. One adult may 
supervise no more than one youth hunter.
    15. We prohibit the use of deer decoy(s).
    D. Sport Fishing. We allow fishing, frogging, and the taking of 
crawfish for personal use on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Conditions A6, A8, A9, A13, A16, and A18 apply.
    2. We prohibit fishing in the waterfowl sanctuary area during the 
waterfowl hunting season, with the exception of the main channel of the 
Ouachita River and the borrow

[[Page 215]]

pits along Highway 82. We post the Waterfowl Sanctuary area with ``Area 
Closed'' signs and identify those areas in refuge hunt brochures.
    3. You must reset trotlines when receding water levels expose them.
    4. We prohibit consumption or possession of opened container(s) of 
alcoholic beverage(s) in parking lots, on roadways, and in plain view in 
campgrounds (see Sec. 32.2(j)).

                   Holla Bend National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, opossum, beaver, armadillo, coyote, and bobcat on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We require refuge hunting permits. The permits are 
nontransferable, and anyone on refuge land in possession of hunting 
equipment must sign, possess, and carry the permits at all times.
    2. You may only take all upland game mentioned above during the 
refuge archery season.
    3. We allow gun hunting of raccoon and opossum with dogs every 
Thursday, Friday, and Saturday until legal sunrise during the month of 
February. We prohibit pleasure running or training of dogs (see Sec. 
26.21(b) of this chapter).
    4. You must unload and case firearms (see Sec. 27.42(b) of this 
chapter) when traveling in vehicles on refuge roads.
    5. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42(a) of this chapter).
    6. We prohibit possession or use of alcoholic beverages.
    7. We only allow ATVs for disabled hunters with a refuge ATV permit.
    8. We prohibit the use of horses.
    9. We prohibit hunting from a vehicle.
    10. We only allow vehicle use on established roads and trails (see 
Sec. 27.31 of this chapter).
    11. Hunters must enter and exit the refuge from designated roads and 
parking areas.
    12. We prohibit hunting within 150 feet (45 m) of roads and trails 
open to public use.
    C. Big Game Hunting. We allow hunting of deer and turkey on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions B1 and B4 through B12 apply.
    2. Archery/crossbow season for deer and turkey begins October 1 and 
continues through November 30.
    3. Spring archery/crossbow season for turkey has the same dates as 
the State season.
    4. The firearms spring youth hunt for turkey is the same as the 
State. We restrict hunting to youths under age 16. One adult age 18 or 
older must accompany one youth hunter. We must receive applications for 
hunts by the last day of January.
    5. We only allow portable deer stands. You may erect stands 2 days 
before the start of the season and must remove the stands from the 
refuge within 2 days after the season ends (see Sec. 27.93 of this 
chapter).
    6. You must permanently affix the owner's name and address to all 
deer stands on the refuge.
    7. We prohibit the use of dogs.
    8. We prohibit marking trees or trails with plastic or paint.
    9. We prohibit hunting from paved, graveled, and mowed roads and 
mowed trails (see Sec. 27.31 of this chapter).
    10. We prohibit hunting with the aid of bait, salt, or ingestible 
attractant (see Sec. 32.2(h)).
    11. We prohibit all forms of organized drives.
    12. You must check all game at the refuge check station.
    D. Sport Fishing. We allow sport fishing in accordance with State 
regulations subject to the following conditions:
    1. Conditions B6, B7, B8, and B10 apply.
    2. Waters of the refuge are only open for fishing March 1 through 
October 31 during daylight hours.
    3. We do not require a permit to fish but do require an entrance 
pass to the refuge.
    4. We limit free-floating fishing devices, trotlines, and tree limb 
devices to 20 per person. Each device must have the angler's name and 
address.
    5. You must reset trotlines and limb lines when receding water 
levels expose them.
    6. We prohibit leaving trotlines and other self-fishing devices 
overnight or unattended.
    7. We only allow bow fishing during daylight hours during August.
    8. We prohibit commercial fishing.
    9. We prohibit possessing turtles (see Sec. 27.21 of this chapter).
    10. We prohibit hovercraft, personal watercraft (Jet Skis, etc.), 
and airboats.

                    Overflow National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, and woodcock on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We allow hunting of duck, goose, and coot during the State duck 
season. We do not open during the September teal season. We allow 
hunting of woodcock during the State season.
    2. Hunting of duck, goose, and coot ends at 12 p.m. (noon) each day.
    3. We only allow portable blinds. You must remove portable blinds, 
boats, and decoys from the hunt area each day (see Sec. 27.93 of this 
chapter).
    4. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or

[[Page 216]]

less per day during waterfowl hunting season; hunters may not discharge 
more than 25 shells per day.
    5. We close areas of the refuge by posting ``Area Closed'' signs 
and/or marking with purple paint and identifing on the refuge hunt 
brochure map as Sanctuary to all public entry and public use. Exception: 
we open the area identified as North Sanctuary on refuge hunt brochure 
map to all authorized public use activities from 2 days prior to opening 
of deer archery season through October 31.
    6. No person will utilize the services of a guide, guide service, 
outfitter, club, organization, or other person who provides equipment, 
services, or assistance on Refuge System lands for compensation. Failure 
to comply with this provision subjects each hunter in the party to a 
fine if convicted of this violation.
    7. We require a refuge hunt brochure permit that is available in 
unlimited quantities at the refuge office, brochure dispensers at 
multiple locations throughout the refuge, and at area businesses. You 
must possess and carry a signed permit when hunting on the refuge.
    8. We prohibit possession and/or use of herbicides (see Sec. 27.51 
of this chapter).
    9. We prohibit marking of trails with tape, ribbon, paint, or any 
other substance other than biodegradable materials.
    10. We prohibit possession or use of alcoholic beverage(s) while 
hunting (see Sec. 32.2(j)). We prohibit consumption or possession of 
opened container(s) of alcoholic beverage(s) in parking areas and on 
roadways.
    11. All persons born after 1968 must possess and carry a valid 
hunter education card in order to hunt.
    12. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
license. One adult may supervise no more than two youth hunters.
    13. We only allow ATVs for wildlife-dependent activities such as 
hunting and fishing. We restrict ATVs to designated times and designated 
trails (see Sec. 27.31 of this chapter) marked with signs and paint. We 
identify those trails and the dates they are open for use in the refuge 
hunt brochure. We limit ATVs to those having an engine displacement size 
not exceeding 700cc. We limit ATV tires to those having a centerline lug 
depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV 
trails (when open to motor vehicle and ATV traffic respectively) as a 
mode of transportation for on-refuge, wildlife-dependent activities. You 
may use ATVs on unmarked roads and levees in the North Sanctuary 
beginning 2 days prior to the opening of deer archery season through 
October 31.
    14. We prohibit hunting within 150 feet (45 m) of roads and trails 
(see Sec. 27.31 of this chapter) open to motor vehicle use (including 
ATV trails).
    15. We prohibit target practice with any weapon or any nonhunting 
discharge of weapons (see Sec. 27.42 of this chapter).
    16. We prohibit blocking of gates and roadways (see Sec. 27.31(h) 
of this chapter).
    17. You may take beaver, nutria, feral hog, and coyote during any 
daytime refuge hunt with weapons and ammunition legal for that hunt. 
There is no bag limit. We prohibit transportation of live hogs.
    18. We allow retriever dogs.
    19. We require you to unload and case firearms (see Sec. 27.42(b) 
of this chapter) transported in any land vehicle, boat under power, or 
on horses. We define ``loaded'' as shells in the gun or cap on a 
muzzleloader.
    20. We prohibit the use or possession of any electronic call or 
other electronic device used for producing or projecting vocal sounds of 
any wildlife species.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, opossum, beaver, nutria, and coyote on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. Conditions A4 through A17, A19, and A20 apply.
    2. We allow hunting during State seasons (see State regulations for 
the appropriate zone) for the species listed above through January 31. 
We list specific hunting season dates annually in the refuge hunt 
brochure.
    3. We do not open for the spring squirrel season and summer/fall 
racoon hunting season.
    4. We prohibit possession of lead ammunition except that you may use 
rimfire rifle lead ammunition no larger than .22 caliber for upland game 
hunting. We prohibit possession of shot larger than that legal for 
waterfowl hunting.
    5. You may use dogs for squirrel and rabbit hunting January 1 
through 31. You may also use dogs for quail hunting and for raccoon/
opossum hunting during open season. At other times, you must keep dogs 
and other pets on a leash or confined (see Sec. 26.21(b) of this 
chapter).
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A5 through A11, A13 through A17, A19, and A20 apply.
    2. Conditions A5 through A11, A13 through A17, and A19 apply.
    3. We allow muzzleloader deer hunting during the October State 
muzzleloader season for this zone (see State regulations for appropriate 
zone).
    4. Bag limit for the October muzzleloader deer hunt is one buck and 
one doe.

[[Page 217]]

    5. We only allow portable deer stands. You may erect stands 2 days 
before each hunt, but you must remove them within 2 days after each hunt 
(see Sec. 27.93 of this chapter).
    6. We prohibit horses and mules during the muzzleloader deer hunt.
    7. We allow spring archery turkey hunting during the State spring 
turkey season. See State regulations for appropriate zones.
    8. We do not open for the fall turkey archery season and spring 
turkey gun season.
    9. We do not open for the gun deer season and December muzzleloader 
deer season.
    10. An adult age 21 or older must accompany and be within sight and 
normal voice contact of hunters age 15 and under. One adult may 
supervise no more than one youth hunter.
    11. We prohibit the use of deer decoy(s).
    D. Sport Fishing. [Reserved]

                   Pond Creek National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, coot, and 
goose on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We allow hunting of migratory game birds during the State duck 
seasons, except we close during scheduled quota refuge Gun Deer Hunts. 
Dates for quota deer hunts are typically in November, and we publish 
them annually in the refuge hunt brochure. We do not open for the 
September teal season.
    2. Hunting ends at 12 p.m. (noon) each day.
    3. We only allow portable blinds. You must remove portable blinds, 
boats, and decoys from the hunt area each day (see Sec. 27.93 of this 
chapter).
    4. No person will utilize the services of a guide, guide service, 
outfitter, club, organization, or other person who provides equipment, 
services, or assistance on Refuge System lands for compensation. Failure 
to comply with this provision subjects each hunter in the party to a 
fine if convicted of this violation.
    5. We require a refuge hunt brochure permit; multiple copies of this 
permit are available at the refuge office, brochure dispensers at 
multiple locations throughout the refuge, and at area businesses. You 
must possess and carry a signed permit when hunting on the refuge.
    6. We prohibit possession and/or use of herbicides (see Sec. 27.51 
of this chapter).
    7. We prohibit marking trails with tape, ribbon, paint, or any other 
substance other than biodegradable materials.
    8. We prohibit possession or use of alcoholic beverage(s) while 
hunting (see Sec. 32.2(j)). We prohibit consumption or possession of 
opened container(s) of alcoholic beverage(s) in parking lots, on 
roadways, and in plain view in campgrounds.
    9. All persons born after 1968 must possess a valid hunter education 
card in order to hunt.
    10. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
license. One adult may supervise no more than two youth hunters.
    11. We only allow ATVs for wildlife-dependent activities such as 
hunting and fishing. We restrict ATVs to designated times and designated 
trails (see Sec. 27.31 of this chapter) marked with signs and paint. We 
identify those trails and the dates they are open for use in the refuge 
hunt brochure. We limit ATVs to those having an engine displacement size 
not exceeding 700cc. We limit ATV tires to those having a centerline lug 
depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV 
trails (when open to motor vehicle and ATV traffic respectively) as a 
mode of transportation for on-refuge, wildlife-dependent activities.
    12. We prohibit hunting within 150 feet (45 m) of roads and trails 
(see Sec. 27.31 of this chapter) open to motor vehicle use (including 
ATV trails).
    13. We prohibit target practice with any weapon or any nonhunting 
discharge of firearms (see Sec. 27.42 of this chapter).
    14. We only allow camping at designated primitive campground sites 
identified in the refuge hunt brochure. We restrict camping to the 
individuals involved in refuge wildlife-dependent activities. Campers 
may stay no more than 14 days during any consecutive 30-day period in a 
campground and must occupy the camps daily. We prohibit all 
disturbances, including use of generators, after 10 p.m. You must unload 
all weapons (see Sec. 27.42(b) of this chapter) within 100 yards (90 m) 
of a campground.
    15. You may take beaver, nutria, feral hog, and coyote during any 
daytime refuge hunt with weapons and ammunition allowed for that hunt. 
We prohibit the use of dogs. There is no bag limit. You may not 
transport live hogs.
    16. We prohibit blocking of gates and roadways (see Sec. 27.31(h) 
of this chapter).
    17. We allow the use of retriever dogs.
    18. You must unload and case firearms (see Sec. 27.42(b) of this 
chapter) transported in any land vehicle, boat under power, or on 
horses. We define ``loaded'' as shells in the gun or cap on a 
muzzleloader.
    19. We prohibit the use or possession of any electronic call or 
other electronic device used for producing or projecting vocal sounds of 
any wildlife species.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, opossum, and beaver on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We allow hunting during State seasons (see State regulations for 
appropriate zone)

[[Page 218]]

for the species listed above through January 31. We annually list 
specific hunting season dates and quota Gun Deer Hunt dates in the 
refuge hunt brochure. We close upland game hunting during refuge quota 
Gun Deer Hunts.
    2. We do not open to spring squirrel season and summer/early fall 
racoon season.
    3. Conditions A4 through A16, A18, and A19 apply.
    4. We prohibit possession of lead ammunition, except that you may 
use rimfire rifle lead ammunition no larger than .22 caliber for upland 
game hunting. We prohibit possession of shot larger than that legal for 
waterfowl hunting.
    5. You may use dogs for squirrel and rabbit hunting December 1 
through January 31. You may also use dogs for raccoon/opossum hunting 
during open season on the refuge for these species. At other times you 
must keep dogs and other pets on a leash or confined (see Sec. 26.21(b) 
of this chapter).
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We allow archery deer hunting on the refuge from the opening of 
the State season through January 31 (see State regulations for 
appropriate zone).
    2. Conditions A4, A5 (for archery deer and muzzleloader deer hunts 
and spring turkey hunts), A6 through A9, A11 through A16, A18, and A19 
apply.
    3. We close archery deer hunting during the quota Gun Deer Hunts.
    4. We allow muzzleloader deer hunting during the October State 
muzzleloader season for this deer management zone. The bag limit for the 
October refuge muzzleloader hunt is one buck and one doe.
    5. The refuge will conduct one 2-day quota Gun Deer Hunt (typically 
in November).
    6. We restrict hunt participants for this quota Gun Deer Hunt to 
those drawn for a quota permit. Hunt dates and application procedures 
will be available at the refuge office in July. The permits are 
nontransferable.
    7. The quota Gun Deer Hunt bag limit is one buck and one doe.
    8. You must check all deer taken during the quota hunt at the refuge 
deer check station on the same day of kill. You must keep carcasses of 
deer taken intact (you may remove entrails) until checked.
    9. We prohibit horses and mules during refuge muzzleloader and quota 
deer hunts.
    10. We open spring archery turkey hunting during the State spring 
turkey season for this zone. The State bag limit for this turkey hunt 
applies. We do not open for fall archery turkey season.
    11. We close spring archery turkey hunting during scheduled turkey 
quota permit gun hunts.
    12. The refuge will conduct one 2-day, youth-only (age 15 and 
younger at the beginning of the spring turkey season) quota spring 
turkey hunt and one 3-day spring quota turkey hunt (typically in April). 
Specific hunt dates and application procedures will be available in 
January. We restrict hunt participants on these hunts to those drawn for 
a quota permit, except that during the youth hunt, a nonhunting adult 
age 21 or older must accompany the youth hunter.
    13. We prohibit the use of buckshot for gun deer hunting.
    14. You may only use portable deer stands erected 2 days before each 
hunt, but you must remove them within 2 days after each hunt (see Sec. 
27.93 of this chapter).
    15. An adult age 21 or older must accompany and be within sight and 
normal voice contact of hunters age 15 and under. One adult may 
supervise no more than one youth hunter during big game hunts.
    16. We prohibit the use of deer decoy(s)
    D. Sport Fishing. We allow fishing, frogging, and the taking of 
crawfish for personal use on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. You must reset trotlines when exposed by receding water levels.
    2. Conditions A4, A6, A7, A11, A14, and A16 apply.
    3. We prohibit consumption or possession of opened container(s) of 
alcoholic beverage(s) in parking lots, on roadways, and in plain view in 
campgrounds (see Sec. 32.2(j)).

                   Wapanocca National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of snow geese on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We require refuge hunting permits. The permits are 
nontransferable and anyone on refuge land in possession of hunting 
equipment must sign and carry them at all times.
    2. We provide annual season dates on the hunt brochure/permit.
    3. You must sign in prior to the hunt and sign out after the hunt at 
the Hunter Information Station.
    4. You must adhere to all public use special conditions and 
regulations on the annual hunt brochure/permit.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, nutria, beaver, coyote, feral hog, and opossum in accordance 
with State regulations subject to the following conditions:
    1. Conditions A1, A3, and A4 apply.
    2. We allow shotguns using approved nontoxic shot (see Sec. 
32.2(k)) and .22 long-rifle caliber rifles. We prohibit possession of 
lead shot and .22 magnum caliber rifles.

[[Page 219]]

    3. We provide annual season dates for squirrel, rabbit, raccoon, and 
opossum hunting on the hunt brochure/permit.
    4. You may take nutria, beaver, feral hog, and coyote during any 
refuge hunt with the firearm allowed for that hunt, subject to State 
seasons on these species.
    5. We prohibit dogs except for raccoon hunting where we require 
them. We prohibit pleasure running or training of dogs.
    6. We allow raccoon hunters to use horses/mules but prohibit their 
use by other refuge hunters and visitors.
    7. We prohibit hunting from or within 50 yards (45 m) of graveled 
roads and within 150 yards (135 m) of refuge buildings.
    C. Big Game Hunting. We allow hunting of big game on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. Conditions A1 and A4 and B4 apply.
    2. We prohibit hunting from or within 50 yards (45 m) of graveled 
roads and within 150 yards (135 m) of refuge buildings.
    3. We specify annual season dates, bag limits, and hunting methods 
on the annual hunting brochure/permit.
    4. Immediately record the deer zone 640 on the hunter's license and 
later on official check station records upon harvest of a deer.
    5. You must sign in prior to the hunt and sign out after the hunt at 
the Hunter Information Station. You must check harvested deer at this 
location.
    6. We prohibit dogs.
    7. We allow only single-person portable tree stands. You may place 
tree stands on the refuge 2 days before the hunt but must remove them 
within 2 days after the hunt. You must permanently affix the owner's 
name and address on stands left on the refuge.
    8. We prohibit possession of or marking trails with materials other 
than biodegradable paper/flagging or reflective tape/tacks.
    9. We prohibit ATVs.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing from March 15 through October 31 from \1/2\ hour 
before legal sunrise to \1/2\ hour after legal sunset.
    2. We prohibit fishing in Big Creek and other ditches that flow 
through the refuge.
    3. We prohibit the possession or use of live carp, shad, buffalo, or 
goldfish for bait.
    4. We prohibit the possession or use of yo-yos, jugs, or other 
floating containers, drops or limb lines, trotlines, or commercial 
fishing tackle.
    5. We prohibit fishing within 100 yards (90 m) of any refuge 
building.
    6. We allow bank fishing but you must park vehicles in designated 
parking areas.
    7. We prohibit the taking of frogs, mollusks, and turtles (see Sec. 
27.21 of this chapter).
    8. You must use the public boat ramp off Highway 77 to launch boats 
into Wapanocca Lake.
    9. You must remove all boats daily from the refuge (see Sec. 27.93 
of this chapter). We prohibit airboats, personal watercraft, and 
hovercraft.

                  White River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck and coot on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. You must sign, possess, and carry a refuge permit.
    2. We allow duck hunting from legal sunrise until 12 p.m. (noon).
    3. We allow retriever dogs.
    4. You must remove blinds, blind material, and decoys (see Sec. 
27.93 of this chapter) from the refuge by 1 p.m. each day.
    5. North Unit waterfowl season and youth waterfowl hunts are 
concurrent with State season dates.
    6. You may take coot, goose, and woodcock during the State season.
    7. We restrict the South Unit waterfowl season to the Jack's Bay 
hunt area as indicated in the general user permit. It is open every 
Tuesday, Thursday, Saturday, and Sunday of the concurrent State season 
dates.
    8. Waterfowl hunters may and access the refuge no earlier than 4:30 
a.m.
    9. The following refuge users (age 16 or older) must sign and 
possess and carry a refuge general user permit and a refuge fee permit 
($12.00): hunters, anglers, campers, and ATV users.
    10. We prohibit boating December 1 through January 31 in the South 
Unit Waterfowl Hunt Area, except during designated waterfowl hunt days 
between 5 a.m. and 1 p.m.
    11. We prohibit marking trails with materials other than 
biodegradable paper flagging or reflective tape/tacks.
    12. We prohibit use and/or possession of alcoholic beverages while 
hunting (see Sec. 32.2(j)).
    13. We prohibit cutting of holes in or other manipulation of 
vegetation or hunting in such areas (see Sec. 27.51 of this chapter).
    14. We prohibit waterfowl hunting on Kansas Lake Area.
    15. We prohibit loaded weapons in a vehicle or boat while under 
power (see Sec. 27.42(b) of this chapter). We define ``loaded'' as a 
muzzleloader containing a cap or any type of ignition device, 
cartridges, or shells in a magazine, or cartridges or shells in a 
chamber of a weapon.
    16. We allow duck hunting on specific scattered tracts of land, in 
accordance with the North Unit regulations. Consult the refuge office 
for further information.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
beaver, coyote, raccoon,

[[Page 220]]

and opossum on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1, A8, A10, A11, A12, and A14 apply.
    2. You may hunt rabbit and squirrel on the North Unit during the 
concurrent State season dates until January 31.
    3. We allow dogs for hunting of rabbit and squirrel December 1 
through January 31 on the North Unit.
    4. You may hunt rabbit and squirrel on the South Unit from the 
beginning of the concurrent State season through November 30.
    5. We prohibit dogs on the South Unit for the purpose of squirrel or 
rabbit hunting.
    6. You may only possess approved nontoxic shot when hunting upland 
game, except turkey (see Sec. 32.2(k)). We allow the possession of lead 
shot for hunting turkey.
    7. We close all upland game hunts during quota modern gun and quota 
muzzleloader deer hunts.
    8. We allow spring squirrel hunting with the concurrent State spring 
season dates.
    C. Big Game Hunting. We allow the hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1, A8, A10, A11, A12, and A14 apply.
    2. Archery deer and turkey seasons on the North Unit will begin with 
the concurrent State archery season and end January 31.
    3. Archery deer and turkey seasons on the South Unit will begin with 
the concurrent State archery season and end November 30.
    4. Modern gun quota deer season is the first 3 days of the State 
season for the North and South Units. We require a quota permit. You may 
take one deer of either sex.
    5. The muzzleloader quota deer season is the first 3 days of the 
State season for the North and South units. We require a quota permit. 
You may take one deer of either sex.
    6. We allow modern guns on the North Unit as per dates indicated in 
the general user brochure. We only allow take of one legal buck.
    7. You may only hunt the North and South Unit by muzzleloader with a 
quota hunt permit. You may only take one deer of either sex. We list the 
season in the refuge hunt brochure/permit.
    8. We allow muzzleloader guns on the North Unit for 6 consecutive 
days following the 3-day muzzleloader quota hunt.
    9. State deer limits apply to archery hunting season except during 
the refuge muzzleloader and modern gun season.
    10. We close all nonquota hunting during the quota deer hunts.
    11. We do not open to the bear season on all refuge-owned lands, 
including those lands in Trusten Holder Wildlife Management Area.
    12. If you harvest deer and turkey on the refuge, you must 
immediately record the zone 660 on your hunting license and later at an 
official check station.
    13. We prohibit muzzleloader and modern gun deer hunting in the 
Kansas Lake Area after October 30 of each year.
    14. We close refuge lands on the North Unit to all deer hunting and 
fall turkey hunting when the White River gauge reading at St. Charles 
reaches 23 feet (8.4 m), as reported by the National Weather Service in 
the Arkansas Democrat Gazette, and will reopen these lands when the same 
gauge reading in this newspaper falls to or below 21 feet (6.3 m).
    15. We close refuge lands on the South Unit to all deer hunting and 
fall turkey hunting when the White River gauge reading at St. Charles 
reaches 23 feet (8.4 m) and the gauge at Lock and Dam  1 
reaches 145 feet (43.5 m) simultaneously as reported by news release and 
will reopen these lands when the same gauge reading reaches 21 feet (6.3 
m) and 143 feet (42.9 m), respectively, as reported by news release.
    16. We restrict access and refuge use during quota hunts to quota 
permit holders. We require a quota permit for all use during quota deer 
hunts.
    17. We prohibit hunting with the aid of bait, salt, or ingestible 
attractant (see Sec. 32.2(h)).
    18. We prohibit the use of dogs and/or horses other than specified 
in the general user permit.
    19. We prohibit all forms of organized drives.
    20. We prohibit firearm hunting from or across roadways, levees, and 
maintained utility rights-of-way for deer only.
    21. We prohibit hunting from a tree in which a metal object has been 
driven to support a hunter.
    22. We prohibit leaving a hunt stand after a hunt season.
    23. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    24. We prohibit modern gun and muzzleloader deer hunting on Kansas 
Lake Area after October 30.
    25. You may take beaver, nutria, and feral hog incidental to any 
daytime refuge hunt with weapons allowed for that hunt.
    D. Sport Fishing. We allow fishing and frogging on desigated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. Conditions A8 and A10 apply.
    2. We allow fishing year-round in LaGrue, Essex, Prairie, Scrubgrass 
and Brooks Bayous, Big Island Chute, Moon and Belknap Lakes next to 
Arkansas Highway 1, Indian Bay, the Arkansas Post Canal and adjacent 
drainage ditches; those borrow ditches located adjacent to the west bank 
of that portion of the White River Levee north of the

[[Page 221]]

Arkansas Power and Light Company powerline right-of-way; and all refuge-
owned waters located north of Arkansas Highway 1. We open all other 
refuge waters to sport fishing from March 1 through November 30 unless 
posted otherwise.
    3. We require a refuge Special Use Permit to fish with any type 
tackle other than hook and line.
    4. We allow frogging on all refuge-owned waters open for sport 
fishing as follows: We allow frogging on the South Unit from the 
beginning of the State season through November 30; we allow frogging on 
the North Unit for the entire State season.
    5. We allow the use of bow and arrow for taking bullfrogs or fish by 
a refuge Special Use Permit.
    6. We allow crawfishing.
    7. We require a Special Use Permit for all commercial fishing on the 
refuge in addition to compliance with State regulations governing 
commercial fishing.
    8. We allow commercial fishing on the North Unit year-round. We 
prohibit commercial turtling on both the North and South Units year-
round.
    9. We allow commercial fishing on the South Unit October 1 through 
November 30 and annually when the White River exceeds 23.5 feet (7 m) at 
the St. Charles, Arkansas gauge.
    10. We prohibit take or possession of any freshwater mussels, and we 
do not open to mussel shelling.
    11. You must reset trotlines when receding water levels expose them, 
and you cannot leave them unattended. The ends of trotlines must consist 
of a length of cotton line that extends from the points of attachment 
into the water.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29073, May 18, 1993; 59 
FR 6689, Feb. 11, 1994; 59 FR 55184, Nov. 3, 1994; 60 FR 62040, Dec. 4, 
1995; 61 FR 45366, Aug. 29, 1996; 61 FR 46393, Sept. 3, 1996; 62 FR 
47376, Sept. 9, 1997; 65 FR 30778, May 12, 2000; 65 FR 56400, Sept. 18, 
2000; 68 FR 57316, Oct. 2, 2003; 69 FR 54362, 54365, Sept. 8, 2004; 69 
FR 55995, Sept. 17, 2004; 70 FR 54160, Sept. 13, 2005]



Sec. 32.24  California.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                     Cibola National Wildlife Refuge

    Refer to Sec. 32.22 Arizona for regulations.

                   Clear Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. Hunting of geese, ducks, coots, 
moorhens, and snipe is permitted on designated areas of the refuge 
subject to the following conditions:
    1. Air-thrust and inboard waterthrust boats are not permitted.
    2. You may possess only approved nontoxic shot while in the field.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of pronghorn antelope is permitted on 
the controlled ``U'' Unit of the refuge subject to the following 
conditions:
    1. Hunters may hunt only in the unit for nine (9) consecutive days 
beginning on the first Saturday following the third Wednesday in August.
    2. Access to the unit is permitted only through the gate located on 
Clear Lake Road.
    D. Sport Fishing. [Reserved]

                     Colusa National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, and snipe on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    2. Each hunter may not possess more than 25 shells while in the 
field.
    3. Access to the hunt area is by foot traffic only. We prohibit 
bicycles and other conveyances.
    4. We prohibit building or maintaining fires (see Sec. 27.95 of 
this chapter), except in portable gas stoves.
    5. You may only enter or exit at designated locations (see Sec. 
27.31 of this chapter).
    6. Vehicles may only stop at designated parking areas (see Sec. 
27.31 of this chapter). We prohibit the dropping of passengers or 
equipment or stopping between designated parking areas.
    7. We only allow overnight stays in vehicles, motor homes, and 
trailers at the check station parking area.
    8. You must restrain dogs on a leash within all designated parking 
areas (see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. We allow hunting of pheasant only in the 
free-roam areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1 through A8 apply.
    2. Mobility-impaired hunters should consult with the refuge manager 
for allowed conveyances.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Delevan National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, and snipe on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:

[[Page 222]]

    1. You must unload firearms while transporting them between parking 
areas and spaced blind areas.
    2. We do not allow snipe hunting in the spaced blind areas.
    3. We restrict hunters assigned to the spaced blind area to within 
100 feet (30 m) of their assigned hunt site except for retrieving downed 
birds, placing decoys, or traveling to and from the area.
    4. Access to the hunt area is by foot traffic only. We do not allow 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the Refuge Manager for allowed conveyances.
    5. You may possess no more than 25 shells while in the field.
    6. You may possess only approved nontoxic shot while in the field.
    7. No person may build or maintain fires, except in portable gas 
stoves.
    8. You may enter or exit only at designated locations.
    9. Vehicles may stop only at designated parking areas. We prohibit 
the dropping of passengers or equipment, or stopping between designated 
parking areas.
    10. We only allow overnight stays in vehicles, motor homes, and 
trailers at the check station parking area.
    11. You must restrain dogs on a leash within all designated parking 
areas (see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. We allow hunting of pheasant only in the 
free-roam areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We do not allow pheasant hunting in the spaced blind area except 
during a special 1-day-only pheasant hunt on the first Monday after the 
opening of the State pheasant hunting season.
    2. You may possess only approved nontoxic shot while in the field.
    3. Access to the hunt area is by foot traffic only. We do not allow 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the Refuge Manager for allowed conveyances.
    4. You may possess no more than 25 shells while in the field.
    5. No person may build or maintain fires, except in portable gas 
stoves.
    6. You may enter or exit only at designated locations.
    7. Vehicles may stop only at designated parking areas. We prohibit 
the dropping of passengers or equipment, or stopping between designated 
parking areas.
    8. Conditions A10 and A11 apply.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

         Don Edwards San Francisco Bay National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
coot on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We allow hunting in tidal areas, including salt marshes, sloughs, 
mudflats, and open waters of the San Francisco Bay. Unless posted in the 
field and/or noted below, we allow hunting by boat in all refuge tidal 
areas up to the mean high-water line. We close the following tidal areas 
to hunting and/or shooting:
    i. Newark Slough to hunting and shooting from its source to Hetch-
Hetchy Aqueduct, a distance of 3\1/2\ miles (5.6 km);
    ii. Dumbarton Point Marsh to the Hetch-Hetchy Aqueduct (west side of 
Newark Slough); and
    iii. The headwaters of Mallard Slough (Artesian Slough) in the 
vicinity of the Environmental Education Center to hunting, as designated 
by posted signs.
    2. We allow hunting in the 17 salt evaporation ponds listed below. 
These ponds are surrounded by levees and were formerly part of the San 
Francisco Bay. We have not opened any other ponds.
    i. Ponds R1 and R2 in the Ravenswood Unit. These ponds are located 
on the west side of the Dumbarton Bridge between Ravenswood Slough and 
Highway 84. You may access these ponds only by foot or bicycle from 
either of two trailheads off Highway 84. We prohibit hunting within 300 
feet (90 m) of Highway 84. These ponds will be open 7 days a week.
    ii. Ponds M1, M2, M3, M4, M5, M6, and A19 in the Mowry Slough Unit. 
These ponds are located on the east side of the Bay between Mowry Slough 
and Coyote Creek. You may only access these ponds by boat. You may land 
your boat at specific points on the Bay side of the levee as designated 
by refuge signs. You may pull your boat across the levee from the Bay. 
We prohibit hunting within 300 feet (90 m) of the Union Pacific Railroad 
track. These ponds will be open 7 days a week.
    iii. Ponds AB1, A2E, AB2, A3N, and A3W in the Alviso Unit. These 
ponds are located on the west side of the Bay between Stevens Creek and 
Guadalupe Slough. You must obtain a refuge Special Use Permit to hunt 
these ponds. Access to Ponds AB1 and A2E will be from the Crittenden 
Lane Trailhead in Mountain View. Access to Ponds A3W will be from the 
Carl Road Trailhead in Sunnyvale. Access to Ponds A3N and AB2 is by boat 
from the other ponds. We allow hunting only from existing hunting 
blinds. We allow hunting only on Wednesdays, Saturdays, and Sundays on 
these ponds.
    iv. Ponds A5, A7, and A8N in the Alviso Unit. These ponds are 
located on the south end of the Bay between Guadalupe Slough and Alviso 
Slough. You must obtain a refuge Special Use Permit to hunt these ponds. 
Access is via walking and bicycling from the

[[Page 223]]

Gold Street gate in Alviso. We allow hunting from existing hunting 
blinds and by walking pond levees. We allow hunting only on Wednesdays, 
Saturdays, and Sundays on these ponds.
    3. During the 2 weekends before the opening of the hunt season, you 
may bring a boat into Ponds AB1, A2E, AB2, A3N, A3W, A5, A7, and A8N and 
moor it at a designated site only if authorized by a valid refuge 
Special Use Permit. These boats will be used to access the hunting 
blinds and will stay in the pond during the hunt season. You must remove 
your boat within 2 weeks following the close of the hunt season. We 
allow nonmotorized boats and motorized boats powered by electric or 4-
stroke gasoline motors only.
    4. You may maintain an existing blind in the ponds open to hunting 
if you have a valid refuge Special Use Permit, but the blind will be 
open for general use on a first-come, first-served basis. We prohibit 
pit blinds or digging into the levees (see Sec. 27.92 of this chapter).
    5. You must remove all decoys and other personal property (except 
personal boats authorized by a refuge Special Use Permit) from the 
refuge by legal sunset. You must remove all trash, including shotshell 
hulls, when leaving hunting areas (see Sec. Sec. 27.93 and 27.94 of 
this chapter).
    6. Hunters may enter closed areas of the refuge to retrieve downed 
birds, provided they leave all weapons in a legal hunting area. We 
encourage the use of retriever dogs. You must keep your dog(s) under 
immediate control of the handler at all times (see Sec. 26.21(b) of 
this chapter). Dogs must remain inside a vehicle or be on a leash until 
they are on the ponds or on the levees (Ponds R1, 2, A5, 7, and 8N only) 
as a part of the hunt.
    7. You may possess only approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    8. You must keep firearms unloaded (see Sec. 27.42(b) of this 
chapter) until you are within the designated hunt area.
    9. We prohibit target practice on the refuge or any nonhunting 
discharge of firearms (see Sec. 27.42 of this chapter).
    10. At the Ravenswood Unit only, we only allow portable blinds or 
construction of temporary blinds of natural materials that readily 
decompose. We prohibit collection of these natural materials from the 
refuge (see Sec. 27.51 of this chapter). You must remove portable 
blinds (see Sec. Sec. 27.93 and 27.94 of this chapter) by legal sunset. 
Temporary blinds become available for general use on a first-come, 
first-served basis on subsequent days. We prohibit permanent blinds, pit 
blinds, or digging into the levees (see Sec. 27.92 of this chapter). We 
prohibit entry into closed areas of the refuge prior to the hunt season 
in order to scout for hunting sites or to build blinds.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing from land at the Coyote Creek Lagoon in Fremont, 
the Faber-Laumeister Unit in East Palo Alto, the Dumbarton Fishing Pier, 
and along the San Francisco Bay shoreline within \1/2\ mile (0.8 km) of 
the Dumbarton Fishing Pier. We also allow fishing from boats in the Bay 
and major slough channels. We close Mallard Slough to boats from March 1 
through August 31, and we close Mowry Slough from March 15 to June 15. 
We prohibit fishing in salt evaporation ponds or marshes.
    2. We open fishing areas daily (except we close the Dumbarton 
Fishing Pier and adjacent shoreline on Thanksgiving, Christmas, and New 
Year's Day). We open the Dumbarton Fishing Pier from 7 a.m. to 6 p.m. 
November 1 through March 31 and 7 a.m. to 8 p.m. April 1 through October 
31. We open Coyote Creek Lagoon and Faber-Laumeister Unit from legal 
sunrise to legal sunset.
    3. We prohibit the collection of bait of any type from the refuge 
except from the Dumbarton Fishing Pier, where it is legal to collect 
bait for noncommercial purposes.
    4. We prohibit the use of balloons to float hooks and bait farther 
than hand casting.
    5. We prohibit personal watercraft (e.g., Jet Skis, waterbikes) on 
the refuge.

                     Havasu National Wildlife Refuge

    Refer to Sec. 32.22 Arizona for regulations.

                  Humboldt Bay National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, common moorhen, and snipe on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We require adults age 18 or older to accompany youth hunters age 
16 and under. No more than three youth hunters may accompany one adult 
hunter.
    2. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    3. We prohibit public access into or through closed areas and 
designate closed areas as nonretrieval zones.
    4. You may only use portable blinds in the free-roam hunting areas 
(i.e., all hunt areas except Salmon Creek Unit).
    5. You must remove all blinds, decoys, shell casings, and other 
personal equipment and refuse from the refuge at the end of each day 
(see Sec. Sec. 27.93 and 27.94 of this chapter) .
    6. We require hunters to restrain dogs inside vehicles except when 
using them for authorized hunting purposes (see Sec. 26.21(b) of this 
chapter).
    7. On the Salmon Creek Unit, we allow hunting on Tuesdays and 
Saturdays (except

[[Page 224]]

Federal holidays), and hunters must possess and carry a valid daily 
refuge permit. We issue refuge permits prior to each hunt by random 
drawing conducted at the check station 1\1/2\ hours before legal 
shooting time.
    8. On the Salmon Creek Unit, you may only possess approved nontoxic 
shotshells (see Sec. 32.2(k)) in quantities of 25 or less per day.
    9. On the Salmon Creek Unit, we restrict hunters to within 100 feet 
(30 meters) of the assigned hunt site except for placing and retrieving 
decoys, retrieving downed birds, or traveling to and from the parking 
area. You must unload firearms (see Sec. 27.42(b) of this chapter) 
while transporting them between the parking lot and designated blind 
sites.
    10. We open the waters of Hookton Slough (including Teal Island) and 
White Slough (including Egret Island) to hunting on Saturdays, Sundays, 
Wednesdays, Federal holidays, and the opening and closing day of the 
State waterfowl hunting season. We have not opened the portion of the 
Hookton Slough unit between the dike and Hookton Road to hunting and 
firearms. We have not opened the boat dock on the Hookton Slough Unit to 
hunting and firearms and restrict use to nonmotorized boats only.
    11. We open the Table Bluff Unit (southwest corner of South Bay) to 
hunting.
    12. We open portions of the Eureka Slough and Jacoby Creek Units to 
hunting. We designate the Eureka Slough and Jacoby Creek Units as boat 
access only. On the Eureka Slough and Jacoby Creek Units, we prohibit 
hunting within 100 yards (90 meters) of Highway 101.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on the refuge in accordance with 
State regulations subject to the following condition: We allow fishing 
from the designated shoreline trail and dock (for nonmotorized boats 
only) at the Hookton Slough Unit from legal sunrise to legal sunset, 
only using pole and line or rod and reel.

                    Imperial National Wildlife Refuge

    Refer to Sec. 32.22 Arizona for regulations.

                      Kern National Wildlife Refuge

    A. Migratory Game Bird Hunting. Hunting of geese, ducks, coots and 
moorhens is permitted on designated areas of the refuge subject to the 
following conditions:
    1. Hunters assigned to the spaced blind unit must travel to and from 
parking areas and blind sites with firearms unloaded.
    2. Hunters assigned to the spaced blind unit must remain within 100 
feet of the numbered steel post (blind site) except when pursuing 
cripples, placing decoys or traveling to and from the parking area.
    3. Hunters may not possess more than 25 shells while in the field.
    4. Hunters must park in assigned lots.
    5. Only nonmotorized boats are permitted.
    B. Upland Game Hunting. Hunting of pheasant is permitted on 
designated areas of the refuge subject to the following conditions:
    1. Pheasant hunting is only permitted in the free roam unit.
    2. You may possess only approved nontoxic shot while in the field.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                 Lower Klamath National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of geese, ducks, 
coots, moorhens, and snipe on designated areas of the refuge subject to 
the following conditions:
    1. In the controlled waterfowl hunting area, we require entry 
permits for the first 2 days of the waterfowl season for all hunters 16 
years of age or older. An adult with a permit must accompany hunters 
under the age of 16 hunting in the controlled area. We require advance 
reservations for the first 2 days of the hunt.
    2. Shooting hours end at 1:00 p.m. on all California portions of the 
refuge with the following exceptions:
    a. The refuge manager may designate up to 6 afternoon special youth 
or disabled hunter waterfowl hunts per season; and
    b. The refuge manager may designate up to 3 days per week of 
afternoon waterfowl hunting for the general public after December 1.
    3. You may carry only unloaded firearms on hunter access routes open 
to motor vehicles or when taking them through posted retrieving zones 
when traveling to and from the hunting areas.
    4. You may not set decoys in retrieving zones.
    5. We do not allow air-thrust and inboard waterthrust boats.
    6. You may possess only approved nontoxic shot while in the field.
    7. You may use only nonmotorized boats and boats with electric 
motors on units 4b and 4c from the start of the hunting season through 
November 30. You may use motorized boats on units 4b and 4c from 
December 1 through the end of hunting season.
    B. Upland Game Hunting. We allow hunting of pheasant on designated 
areas of the refuge subject to the following conditions:
    1. You may possess only approved nontoxic shot while in the field.
    2. You may carry only unloaded firearms on hunter access routes open 
to motor vehicles or when taking them through posted retrieving zones 
when traveling to and from the hunting areas.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

[[Page 225]]

                     Merced National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and moorhen on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. You must unload firearms (see Sec. 27.42(b) of this chapter) 
before transporting them between parking areas and blind sites. Unloaded 
means that no ammunition is in the chamber or magazine of the firearm.
    2. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or less per day after leaving the parking 
lot.
    3. Each hunter must remain inside his or her assigned blind, except 
for placing decoys, retrieving downed birds, and traveling to and from 
the parking area. We prohibit shooting from outside the blind.
    4. Dogs must remain under the immediate control of their owners at 
all times (see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                     Modoc National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, and snipe on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. On the opening weekend of the hunting season, hunters must 
possess and carry a refuge permit issued through random drawing to 
hunters with advance reservations only.
    2. After the opening weekend of the hunting season, we only allow 
hunting on Tuesdays, Thursdays, and Saturdays. Hunters must check-in and 
out of the refuge by using self-service permits. Hunters must completely 
fill out the ``Refuge Hunt Permit'' portion of the permit and deposit it 
in the drop box prior to hunting. The hunter must possess and carry the 
``Record of Kill'' portion of the permit while on the refuge and turned 
in prior to exiting the hunting area.
    3. In the designated spaced blind area, you must remain within 50 
feet (15 m) of the established blind stake for the blind assigned to 
you.
    4. We require adults age 18 or older to accompany youth hunters age 
15 and under.
    5. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or less after leaving the parking area.
    6. In the free-roam hunting areas, you may only use portable blinds 
or blinds constructed of vegetation.
    7. You must remove all blinds, decoys, shell casings, other personal 
equipment, and refuse from the refuge at the end of each day (see 
Sec. Sec. 27.93 and 27.94 of this chapter).
    8. Hunters must enter and exit the hunting area from the two 
designated hunt parking lots, which we open 1\1/2\ hours before legal 
sunrise and close 1 hour after legal sunset each hunt day.
    9. We only allow access to the hunt area by foot, bicycle, and 
nonmotorized cart. We prohibit bicycles in the hunt area during the 
opening weekend of the hunting season.
    B. Upland Game Hunting. We allow hunting of pheasant on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We limit hunting to junior hunters only, age 15 or under, 
possessing a valid State Junior Hunting License and refuge Junior 
Pheasant Hunt Permit.
    2. We require adults age 18 or older to accompany junior hunters.
    3. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    4. Hunters must enter and exit the hunting area from the two 
designated hunt parking lots.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing only on Dorris Reservoir in 
accordance with State regulations subject to the following conditions:
    1. We prohibit fishing from October 1 through January 31.
    2. We only allow fishing from legal sunrise to legal sunset.
    3. We only allow walk-in access to Dorris Reservoir from February 1 
through March 31.
    4. We only allow use of boats on Dorris Reservoir from April 1 
through September 30.

                   Sacramento National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, and snipe on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You must unload firearms while transporting them between parking 
areas and spaced blind areas.
    2. We do not allow snipe hunting in the spaced blind area.
    3. We restrict hunters assigned to the spaced blind unit to within 
100 feet (30 m) of their assigned hunt site except for retrieving downed 
birds, placing decoys, or traveling to and from the parking area.
    4. You may possess only approved nontoxic shot while in the field.
    5. You may possess no more than 25 shells while in the field.
    6. Access to the hunt area is by foot traffic only. We do not allow 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the Refuge Manager for allowed conveyances.
    7. No person may build or maintain fires, except in portable gas 
stoves.
    8. You may enter or exit only at designated locations.
    9. Vehicles may stop only at designated parking areas. We prohibit 
the dropping of

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passengers or equipment or stopping between designated parking areas.
    10. We only allow overnight stays in vehicles, motor homes, and 
trailers at the check station parking area.
    11. You must restrain dogs on a leash within all designated parking 
areas (see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. We allow hunting of pheasant only in the 
free-roam areas on the refuge in accordance with State regulations 
subject to the following conditions:
    1. We do not allow pheasant hunting in the spaced blind area except 
during a special 1-day-only pheasant hunt on the first Monday after the 
opening of the State pheasant hunting season.
    2. You may possess only approved nontoxic shot while in the field.
    3. Access to the hunt area is by foot traffic only. We do not allow 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the Refuge Manager for allowed conveyances.
    4. You may not possess more than 25 shells while in the field.
    5. No person may build or maintain fires, except in portable gas 
stoves.
    6. You may enter or exit only at designated locations.
    7. Vehicles may stop only at designated parking areas. We prohibit 
the dropping of passengers or equipment or stopping between designated 
parking areas.
    8. Conditions A10 and A11 apply.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                Sacramento River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, dove, and snipe on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We only allow shotgun hunting.
    2. You must unload firearms (see Sec. 27.42(b) of this chapter) 
before transporting them between parking areas and hunting areas. 
``Unloaded'' means that no ammunition is in the chamber or magazine of 
the firearm.
    3. You may possess only approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    4. We prohibit hunting within 50 feet (15 m) of any landward 
boundary adjacent to private property.
    5. We prohibit hunting within 150 yards (45 m) of any occupied 
dwelling, house, residence, or other building or any barn or other 
outbuilding used in connection therewith.
    6. Access to the hunt area is by foot traffic or boat only. We 
prohibit bicycles or other conveyances. Mobility-impaired hunters should 
consult with the refuge manager for allowed conveyances.
    7. We prohibit fires on the refuge, except we allow portable gas 
stoves on gravel bars (see Sec. 27.95(a) of this chapter).
    8. We allow camping on gravel bars up to 7 days during any 30-day 
period. We prohibit camping on all other refuge lands.
    9. We open the refuge for day-use access from 1 hour before legal 
sunrise until 1 hour after legal sunset. We allow access during other 
hours on gravel bars only (see condition A8).
    10. We require dogs to be kept on a leash, except for hunting dogs 
engaged in authorized hunting activities, and under the immediate 
control of a licensed hunter (see Sec. 26.21(b) of this chapter).
    11. We prohibit permanent blinds. You must remove all personal 
property, including decoys and boats, by one hour after legal sunset 
(see Sec. Sec. 27.93 and 27.94 of this chapter).
    12. We prohibit cutting or removal of vegetation for blind 
construction or for making trails (see Sec. 27.51 of this chapter).
    B. Upland Game Hunting. We allow hunting of pheasant, turkey, and 
quail on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We only allow shotgun and archery hunting.
    2. Conditions A3 through A10 and A12 apply.
    C. Big Game Hunting. We allow hunting of black-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A4, A5, A7, A8, A9, A12, and B1 apply.
    2. We prohibit construction or use of permanent blinds, platforms 
ladders or screw-in foot pegs.
    3. You must remove all personal property, including stands, from the 
refuge by one hour after legal sunset (see Sec. Sec. 27.93 and 27.94 of 
this chapter).
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. Conditions A7, A8, A9, and A12 apply.
    2. On Packer Lake, due to primitive access, we only allow boats up 
to 14 feet (4.2 m) and canoes.

                 Salinas River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and moorhen on a hunt area along the Salinas River on the 
southeast portion of the refuge, as designated by posted signs, in 
accordance with State regulations subject to the following conditions:
    1. You may only possess approved nontoxic shotshells while on the 
refuge (see Sec. 32.2(k)) in quantities of 25 or less.

[[Page 227]]

    2. Access to the hunt area is by foot traffic only. We do not allow 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the refuge manager for allowed conveyances.
    3. You must keep firearms unloaded until you are within the 
designated hunt area.
    4. We only allow dogs engaged in hunting activities on the refuge 
during the waterfowl season. Hunters must keep their dog(s) under their 
immediate control at all times (see Sec. 26.21(b) of this chapter). We 
prohibit training of dogs on the refuge. We prohibit other domesticated 
animals or pets.
    5. We prohibit target practice on the refuge or any nonhunting 
discharge of weapons (see Sec. 27.42 of this chapter).
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    San Luis National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, and snipe on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You may only use portable blinds, temporary blinds constructed of 
natural materials, or existing concrete blinds. We prohibit cutting or 
breaking woody vegetation (see Sec. 27.51 of this chapter).
    2. You must remove all portable blinds, decoys, and other personal 
equipment from the refuge following each day's hunt.
    3. You must dismantle any temporary blinds constructed of natural 
materials at the end of each day.
    4. You may only hunt snipe within the free-roaming portion of the 
San Luis Unit waterfowl hunting area.
    5. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or less after leaving your assigned parking 
lot or boat launch.
    6. We prohibit dropping of passengers or equipment or stopping 
between designated parking areas. You must return your permits to the 
check stations immediately upon completion of your hunt and prior to 
using any tour routes or leaving the refuge vicinity.
    7. You may not transport loaded firearms while walking or bicycling 
between parking areas in spaced blind units, or while traveling in a 
boat under power.
    8. We restrict hunters in the spaced blind area to their assigned 
blind except when they are placing decoys, traveling to and from the 
parking area, retrieving downed birds, or when shooting to retrieve 
cripples.
    9. Access to the Frietas Unit free-roam hunting area is by boat only 
with a maximum of 5 mph. Prohibited boats include air-thrust and/or 
inboard water-thrust types.
    10. We prohibit the use of motorized boats in the free-roam units 
with the exception of the Frietas Unit.
    11. We do not allow vehicle trailers of any type or size to be in 
the refuge hunt areas at any time or to be left unattended at any 
location on the refuge.
    12. Dogs must remain under the immediate control of their owners at 
all times (see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. We allow hunting of pheasants on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or less while in the field.
    2. Dogs must remain under the immediate control of their owners at 
all times (see Sec. 26.21(b) of this chapter).
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We only allow fishing from legal sunrise to legal sunset, except 
on that portion of the San Joaquin River's south (left descending) bank 
within the West Bear Creek Unit designated as open for fishing 24 hours 
per day.
    2. We only allow the use of pole and line or rod and reel to take 
gamefish, and anglers must attend their equipment at all times.
    3. We prohibit the use of any boat, float tube, or other floating 
aid/device.

                 San Pablo Bay National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
coot on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Unless posted in the field and/or noted below, we only allow 
hu