[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: 50CFR21.44]



[Page 82-83]

 

                    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.  21.44  Depredation order for designated species of depredating birds in California.



    In any county in California in which horned larks, golden-crowned, 

white-crowned and other crowned sparrows, and house finches are, under 

extraordinary conditions, seriously injurious to agricultural or other 

interests, the Commissioner of Agriculture may, without a permit, kill 

or cause to be killed under his/her general supervision such of the 

above migratory birds as



[[Page 83]]



may be necessary to safeguard any agricultural or horticultural crop in 

the county: Provided:

    (a) That such migratory birds shall be killed only when necessary to 

protect agricultural or horticultural crops from depredation; that none 

of the above migratory birds killed, or the parts thereof, or the 

plumage of such birds, shall be sold or removed from the area where 

killed; but that all such dead migratory birds shall be buried or 

otherwise destroyed within this area, except that any specimens needed 

for scientific purposes, as determined by the State or the Director 

shall not be destroyed.

    (b) That any Commissioner of Agriculture exercising the privileges 

granted by this section shall keep records of the persons authorized by 

the Commissioner to kill such migratory birds, and the estimated number 

of such birds killed pursuant to the exercise of his authority, and the 

Commissioner shall submit a report thereof to the Director on or before 

December 31 of each year or whenever the Director so requests.



[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989; 55 

FR 17352, Apr. 24, 1990]