[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: 50CFR21.60]



[Page 98-100]

 

                    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 E_Control of Overabundant Migratory Bird Populations

 

Sec.  21.60  Conservation order for mid-continent light geese.





    (a) Which waterfowl species are covered by this order? This 

conservation order addresses management of lesser snow (Anser c. 

caerulescens) and Ross' (Anser rossii) geese that breed, migrate, and 

winter in the mid-continent portion of North America, primarily in the 

Central and Mississippi Flyways (mid-continent light geese).

    (b) In what areas can the conservation order be implemented? (1) The 

following States, or portions of States, that are contained within the 

boundaries of the Central and Mississippi Flyways: Alabama, Arkansas, 

Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 

Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New 

Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, 

Wisconsin, and Wyoming.

    (2) Tribal lands within the geographic boundaries in paragraph 

(b)(1) of this section.

    (3) The following areas within the boundaries in paragraph (b)(1) of 

this section are closed to the conservation order after 10 March of each 

year: Monte Vista National Wildlife Refuge (CO); Bosque del Apache 

National Wildlife Refuge (NM); the area within 5 miles of the Platte 

River from Lexington, Nebraska to Grand Island, Nebraska; the following 

area in and around Aransas National Wildlife Refuge; those portions of 

Refugio, Calhoun, and Aransas counties that lie inside a line extending 

from 5 nautical miles offshore to and including Pelican Island, thence 

to Port O'Conner, thence northwest along State Highway 185 and southwest 

along State Highway 35 to Aransas Pass, thence southeast along State 

Highway 361 to Port Aransas, thence east along the Corpus Christi 

Channel, thence southeast along the Aransas Channel, extending to 5 

nautical miles offshore; except that it is lawful to take mid-continent 

light geese after 10 March of each year within the Guadalupe WMA. If at 

any time we receive evidence that a need to close the areas in this 

paragraph (b)(3)



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no longer exists, we will publish a proposal to remove the closures in 

the Federal Register.

    (c) What is required in order for State/Tribal governments to 

participate in the conservation order? Any State or Tribal government 

responsible for the management of wildlife and migratory birds may, 

without permit, kill or cause to be killed under its general 

supervision, mid-continent light geese under the following conditions:

    (1) Activities conducted under this section may not affect 

endangered or threatened species as designated under the Endangered 

Species Act.

    (2) Control activities must be conducted clearly as such and are 

intended to relieve pressures on migratory birds and habitat essential 

to migratory bird populations only and are not to be construed as 

opening, re-opening, or extending any open hunting season contrary to 

any regulations promulgated under section 3 of the Migratory Bird Treaty 

Act.

    (3) Control activities may be conducted only when all waterfowl and 

crane hunting seasons, excluding falconry, are closed.

    (4) Control measures employed through this section may be 

implemented only between the hours of one-half hour before sunrise to 

one-half hour after sunset.

    (5) Nothing in this section may limit or initiate management actions 

on Federal land without concurrence of the Federal Agency with 

jurisdiction.

    (6) States and Tribes must designate participants who must operate 

under the conditions of this section.

    (7) States and Tribes must inform participants of the requirements/

conditions of this section that apply.

    (8) States and Tribes must keep records of activities carried out 

under the authority of this section, including the number of mid-

continent light geese taken under this section, the methods by which 

they were taken, and the dates they were taken. The States and Tribes 

must submit an annual report summarizing activities conducted under this 

section on or before August 30 of each year, to the Chief, Division of 

Migratory Bird Management, U.S. Fish and Wildlife Service, ms 634--

ARLSQ, 1849 C Street NW., Washington, DC 20240.

    (d) What is required in order for individuals to participate in the 

conservation order? Individual participants in State or tribal programs 

covered by this section are required to comply with the following 

requirements:

    (1) Nothing in this section authorizes the take of mid-continent 

light geese contrary to any State or Tribal laws or regulations; and 

none of the privileges granted under this section may be exercised 

unless persons acting under the authority of the conservation order 

possesses whatever permit or other authorization(s) required for such 

activities by the State or Tribal government concerned.

    (2) Participants who take mid-continent light geese under this 

section may not sell or offer for sale those birds nor their plumage, 

but may possess, transport, and otherwise properly use them.

    (3) Participants acting under the authority of this section must 

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 

must promptly furnish whatever information an officer requires 

concerning the operation.

    (4) Participants acting under the authority of this section may take 

mid-continent light geese by any method except those prohibited as 

follows:

    (i) With a trap, snare, net, rifle, pistol, swivel gun, shotgun 

larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, 

poison, drug, explosive, or stupefying substance;

    (ii) From or by means, aid, or use of a sinkbox or any other type of 

low floating device, having a depression affording the person a means of 

concealment beneath the surface of the water;

    (iii) From or by means, aid, or use of any motor vehicle, motor-

driven land conveyance, or aircraft of any kind, except that paraplegics 

and persons missing one or both legs may take from any stationary motor 

vehicle or stationary motor-driven land conveyance;



[[Page 100]]



    (iv) From or by means of any motorboat or other craft having a motor 

attached, or any sailboat, unless the motor has been completely shut off 

and the sails furled, and its progress therefrom has ceased. A craft 

under power may be used only to retrieve dead or crippled birds; 

however, the craft may not be used under power to shoot any crippled 

birds;

    (v) By the use or aid of live birds as decoys; although not limited 

to, it shall be a violation of this paragraph for any person to take 

mid-continent light geese on an area where tame or captive live geese 

are present unless such birds are and have been for a period of 10 

consecutive days before the taking, confined within an enclosure that 

substantially reduces the audibility of their calls and totally conceals 

the birds from the sight of mid-continent light geese;

    (vi) By means or aid of any motor-driven land, water, or air 

conveyance, or any sailboat used for the purpose of or resulting in the 

concentrating, driving, rallying, or stirring up of mid-continent light 

geese;

    (vii) By the aid of baiting, or on or over any baited area. As used 

in this paragraph, ``baiting'' means the placing, exposing, depositing, 

distributing, or scattering of shelled, shucked, or unshucked corn, 

wheat or other grain, salt, or other feed so as to constitute for such 

birds a lure, attraction or enticement to, on, or over any areas where 

hunters are attempting to take them; and ``baited area'' means any area 

where shelled, shucked, or unshucked corn, wheat or other grain, salt, 

or other feed capable of luring, attracting, or enticing such birds is 

directly or indirectly placed, exposed, deposited, distributed, or 

scattered; and such area shall remain a baited area for 10 days 

following complete removal of all such corn, wheat or other grain, salt, 

or other feed. However, nothing in this paragraph prohibits the taking 

of mid-continent light geese on or over standing crops, flooded standing 

crops (including aquatics), flooded harvested croplands, grain crops 

properly shucked on the field where grown, or grains found scattered 

solely as the result of normal agricultural planting or harvesting; or

    (viii) Participants may not possess shot (either in shotshells or as 

loose shot for muzzleloading) other than steel shot, or bismuth-tin, or 

other shots that are authorized in 50 CFR 20.21(j). Season limitations 

in that section do not apply to participants acting under this order.

    (e) Under what conditions would the conservation order be revoked? 

The Service will annually assess the overall impact and effectiveness of 

the conservation order to ensure compatibility with long-term 

conservation of this resource. If at any time we receive that clearly 

demonstrates a serious threat of injury to the area or areas involved no 

longer exists, we will initiate action to revoke the conservation order.

    (f) Will information concerning the conservation order be collected? 

The information collection requirements of the conservation order have 

been approved by OMB and assigned clearance number 1018-0103. 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. The recordkeeping and reporting requirements imposed 

under regulations established in this subpart E will be utilized to 

administer this program, particularly in the assessment of impacts 

alternative regulatory strategies may have on mid-continent light geese 

and other migratory bird populations. The information collected will be 

required to authorize State and Tribal governments responsible for 

migratory bird management to take mid-continent light geese within the 

guidelines provided by the Service.



[66 FR 32265, June 14, 2001]