[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: 50CFR21.27]



[Page 61-62]

 

                    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. 21.27  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



[[Page 62]]



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 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]