[Code of Federal Regulations]

[Title 50, Volume 6]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 50CFR21.12]



[Page 52-53]

 

                    TITLE 50--WILDLIFE AND FISHERIES

 

 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 

                          INTERIOR--(Continued)

 

PART 21_MIGRATORY BIRD PERMITS--Table of Contents

 

              Subpart B_General Requirements and Exceptions

 

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,



[[Page 53]]



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.

    (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]