[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: 50CFR21.42]



[Page 77]

 

                    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 D_Control of Depredating Birds

 

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.