[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: 50CFR21.28]



[Page 62-64]

 

                    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. 21.28  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:



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    (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 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



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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.

    (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]