[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: 50CFR21.41]



[Page 81]

 

                    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 and Otherwise Injurious Birds

 

Sec.  21.41  Depredation permits.





    (a) Permit requirement. Except as provided in Sec. Sec.  21.42 

through 21.46, a depredation permit is required before any person may 

take, possess, or transport migratory birds for depredation control 

purposes. No permit is required merely to scare or herd depredating 

migratory birds other than endangered or threatened species or bald or 

golden eagles.

    (b) Application procedures. Submit application for depredation 

permits to the appropriate Regional Director (Attention: Migratory bird 

permit office). You can find addresses for the Regional 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 description of the area where depredations are occurring;

    (2) The nature of the crops or other interests being injured;

    (3) The extent of such injury; and

    (4) The particular species of migratory birds committing the injury.

    (c) Additional permit conditions. Inaddition to the general 

conditions set forth in part 13 of this subchapter B, depredation 

permits shall be subject to requires, in this section:

    (1) Permittees may not kill migratory birds unless specifically 

authorized on the permit.

    (2) Unless otherwise specifically authorized, when permittees are 

authorized to kill migratory birds they may do so only with a shotgun 

not larger than No. 10 gauge fired from the shoulder, and only on or 

over the threatened area or area described on the permit.

    (3) Permittees may not use blinds, pits, or other means of 

concealment, decoys, duck calls, or other devices to lure or entice 

birds within gun range.

    (4) All migratory birds killed shall be retrieved by the permittee 

and turned over to a Bureau representative or his designee for 

disposition to charitable or other worthy institutions for use as food, 

or otherwise disposed of as provided by law.

    (5) Only persons named on the permit are authorized to act as agents 

of the permittee under authority of the permit.

    (d) Tenure of permits. The tenure of depredation permits shall be 

limited to the dates which appear on its face, but in no case shall be 

longer than one year.



[39 FR 1178, Jan. 4, 1974, as amended at 42 FR 17122, Mar. 31, 1977; 63 

FR 52637, Oct. 1, 1998]



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