[Code of Federal Regulations]

[Title 50, Volume 6]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 50CFR21.26]



[Page 64-66]

 

                    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.  21.26  Special Canada goose permit.



    (a) What is the special Canada goose permit and what is its purpose? 

The special Canada goose permit is a permit issued by us to a State 

wildlife agency authorizing certain resident Canada goose management and 

control activities that are normally prohibited. We will only issue such 

a permit when it will contribute to human health and safety, protect 

personal property, or allow resolution or prevention of injury to people 

or property. The management and control activities conducted under the 

permit are intended to relieve or prevent injurious situations only. No 

person should construe the permit as opening, reopening, or extending 

any hunting season contrary to any regulations established under Section 

3 of the Migratory Bird Treaty Act.

    (b) Who may receive a permit? Only State wildlife agencies (State) 

are eligible to receive a permit to undertake the various goose 

management and control activities. Additionally, only employees or 

designated agents of a permitted State wildlife agency may undertake 

activities for injurious resident Canada geese in accordance with the 

conditions specified in the permit, conditions contained in 50 CFR part 

13, and conditions specified in paragraph (d) of this section.

    (c) How does a State apply for a permit? Any State wildlife agency 

wishing to obtain a permit must submit an application to the appropriate 

Regional Director (see Sec.  13.11(b) of this subchapter) containing the 

general information and certification required by Sec.  13.12(a) of this 

subchapter plus the following information:

    (1) A detailed statement showing that the goose management and 

control activities will either provide for human health and safety, 

protect personal property, or allow resolution of other injury to people 

or property;

    (2) An estimate of the size of the resident Canada goose breeding 

population in the State;

    (3) The requested annual take of resident Canada geese, including 

eggs and nests;

    (4) A statement indicating that the State will inform and brief all 

employees and designated agents of the requirements of these regulations 

and permit conditions.

    (d) What are the conditions of the permit? The special Canada goose 

permits are subject to the general conditions in 50 CFR part 13, the 

conditions elsewhere in this section, and, unless otherwise specifically 

authorized on the permit, the conditions outlined below:

    (1) What are the limitations on management and control activities? 

(i) Take of resident Canada geese as a management tool under this 

section may not exceed the number authorized by the permit. States 

should utilize non-lethal goose management tools to the extent they deem 

appropriate in an effort to minimize lethal take.

    (ii) Methods of take for the control of injurious resident Canada 

geese are at the State's discretion. Methods include, but are not 

limited to, firearms, alpha-chloralose, traps, egg and nest manipulation 

and other damage control techniques consistent with accepted wildlife 

damage-management programs.

    (2) When may a State conduct management and control activities? 

States and their employees and agents may conduct management and control 

activities, including the take of resident



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Canada geese, under this section between March 11 and August 31. In 

California, Oregon and Washington, in areas where the threatened 

Aleutian Canada goose (B. c. leucoperia) has been present during the 

previous 10 years, lethal control activities are restricted to May 1 

through August 31, inclusive.

    (3) How must the States dispose or utilize geese taken under this 

permit? States and their employees and agents may possess, transport, 

and otherwise dispose of Canada geese taken under this section. States 

must utilize such birds by donation to public museums or public 

institutions for scientific or educational purposes, by processing them 

for human consumption and distributing them free of charge to charitable 

organizations, or by burying or incinerating them. States, their 

employees, and designated agents may not sell, offer for sale, barter, 

or ship for the purpose of sale or barter any Canada geese taken under 

this section, nor their plumage or eggs.

    (4) How does the permit relate to existing State law? No person 

conducting management and control activities under this section should 

construe the permit to authorize the killing of injurious resident 

Canada geese contrary to any State law or regulation, nor on any Federal 

land without specific authorization by the responsible management 

agency. No person may exercise the privileges granted under this section 

unless they possess any permits required for such activities by any 

State or Federal land manager.

    (5) When conducting management and control activities, are there any 

special inspection requirements? Any State employee or designated agent 

authorized to carry out management and control activities must have a 

copy of the permit and designation in their possession when carrying out 

any activities. The State must also require the property owner or 

occupant on whose premises the State is conducting activities to allow, 

at all reasonable times, including during actual operations, free and 

unrestricted access to any Service special agent or refuge officer, 

State wildlife or deputy wildlife agent, warden, protector, or other 

wildlife law enforcement officer (wildlife officer) on the premises 

where they are, or were, conducting activities. Furthermore, any State 

employee or designated agent conducting such activities must promptly 

furnish whatever information is required concerning such activities to 

any such wildlife officer.

    (6) What are the reporting requirements of the permit? Any State 

employee or designated agent exercising the privileges granted by this 

section must keep records of all activities carried out under the 

authority of this permit, including the number of Canada geese killed 

and their disposition. The State must submit an annual report detailing 

activities, including the time, numbers and location of birds, eggs, and 

nests taken and non-lethal techniques utilized, before December 31 of 

each year. The State should submit the annual report to the appropriate 

Assistant Regional Director--Refuges and Wildlife (see Sec.  10.22 of 

this subchapter).

    (7) What are the limitations of the special permit? The following 

limitations apply:

    (i) Nothing in this section applies to any Federal land within a 

State's boundaries without written permission of the Federal Agency with 

jurisdiction.

    (ii) States may not undertake any actions under any permit issued 

under this section if the activities adversely affect other migratory 

birds or species designated as endangered or threatened under the 

authority of the Endangered Species Act.

    (iii) We will only issue permits to State wildlife agencies in the 

conterminous United States.

    (iv) States may designate agents who must operate under the 

conditions of the permit.

    (v) How long is the special permit valid? A special Canada goose 

permit issued or renewed under this section expires on the date 

designated on the face of the permit unless it is amended or revoked or 

such time that we determine that the State's population of resident 

Canada geese no longer poses a threat to human health or safety, 

personal property, or injury to other interests. In all cases, the term 

of the permit may not exceed five (5) years from the date of issuance or 

renewal.



[[Page 66]]



    (vi) Can we revoke the special permit? We reserve the right to 

suspend or revoke any permit, as specified in Sec. Sec.  13.27 and 13.28 

of this subchapter.

    (e) What are the OMB information collection requirements of the 

permit program? OMB has approved the information collection requirements 

of the permit and assigned clearance number 1018-0099. Federal agencies 

may not conduct or sponsor, and a person is not required to respond to, 

a collection of information unless it displays a currently valid OMB 

control number. We will use the information collection requirements to 

administer this program and in the issuance and monitoring of these 

special permits. We will require the information from State wildlife 

agencies responsible for migratory bird management in order to obtain a 

special Canada goose permit, and to determine if the applicant meets all 

the permit issuance criteria, and to protect migratory birds. We 

estimate the public reporting burden for this collection of information 

to average 8 hours per response for 45 respondents (States), including 

the time for reviewing instructions, gathering and maintaining data 

needed, and completing and reviewing the collection of information. 

Thus, we estimate the total annual reporting and record-keeping for this 

collection to be 360 hours. States may send comments regarding this 

burden estimate or any other aspect of this collection of information, 

including suggestions for reducing the burden, to the Service 

Information Collection Clearance Officer, Fish and Wildlife Service, ms 

224-ARLSQ, 1849 C Street N.W., Washington, DC 20240, or the Office of 

Management and Budget, Paperwork Reduction Project 1018-0099, 

Washington, DC 20503.



[64 FR 32774, June 17, 1999]