[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: 50CFR21.25]



[Page 58-59]

 

                    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 C_Specific Permit Provisions

 

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, 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



[[Page 59]]



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 

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]