[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: 50CFR21.43]



[Page 77-78]

 

                    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. 21.43  Depredation order for blackbirds, cowbirds, grackles, crows 

and magpies.



    A Federal permit shall not be required to control yellow-headed red-

winged, rusty, and Brewer's blackbirds, cowbirds, all grackles, crows, 

and magpies, when found committing or about to commit depredations upon 

ornamental or shade trees, agricultural crops, livestock, or wildlife, 

or when



[[Page 78]]



concentrated in such numbers and manner as to constitute a health hazard 

or other nuisance: Provided:

    (a) That none of the birds killed pursuant to this section, nor 

their plumage, shall be sold or offered for sale, but may be possessed, 

transported, and otherwise disposed of or utilized.

    (b) That any person exercising any of the privileges granted by this 

section shall permit at all reasonable times including during actual 

operations, any Federal or State game or deputy game agent, warden, 

protector, or other game law enforcement officer free and unrestricted 

access over the premises on which such operations have been or are being 

conducted; and shall furnish promptly to such officer whatever 

information he may require, concerning said operations.

    (c) That nothing in this section shall be construed to authorize the 

killing of such birds contrary to any State laws or regulations; and 

that none of the privileges granted under this section shall be 

exercised unless the person possesses whatever permit as may be required 

for such activities by the State concerned.



[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989]