50 Cfr 21.60

U.S. Fish and Wildlife Serv., Interior

§ 21.60

shotguns are required to use nontoxic
shot.
(d) Persons operating under the provisions of this section may use decoys,
taped calls, or other devices to lure
birds committing or about to commit
depredations within gun range.
(e) Any person exercising the privileges of this section must keep and
maintain a log recording the date and
number of all birds killed each month
under this authorization, that the log
must be maintained for a period of
three years (and that three previous
years of takings must be maintained at
all times thereafter), that the log and
any related records be made available
to Federal or State wildlife enforcement officers upon request during normal business hours.
(f) Nothing in this section authorizes
the killing of double-crested cormorants contrary to the laws or regulations of any State, and none of the
privileges of this section may be exercised unless the person possesses the
appropriate State permits, when required; nor the killing of any migratory bird species other than doublecrested cormorants when committing
or about to commit depredations to
aquaculture stocks.
(g) The authority granted in this section will automatically expire on April
30, 2005, unless revoked or specifically
extended prior to that date.
[63 FR 10560, Mar. 4, 1998]

Subpart E—Control of Overabundant Migratory Bird Populations
SOURCE: 64 FR 71237, Dec. 20, 1999, unless
otherwise noted.
EFFECTIVE DATE NOTE: At 64 FR 71237, Dec.
20, 1999, Subpart E was added, effective Dec.
20, 1999 through May 15, 2001.

§ 21.60 Conservation order
continent light geese.

for

mid-

(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 (midcontinent 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)
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:

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§ 21.60

50 CFR Ch. I (10–1–00 Edition)

(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, reopening, 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 onehalf 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, Office of Migratory Bird Management, U.S. Fish and Wildlife Service, Department of the Interior, ms
634—ARLSQ, 1849 C Street NW., Washington, D.C. 20240.
(d) What is required 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
possess 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 midcontinent 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 lowfloating 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;
(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 will
be a violation of this paragraph for any

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U.S. Fish and Wildlife Serv., Interior

Pt. 22

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 motordriven 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 evidence 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 used
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.

PART 22—EAGLE PERMITS
Subpart A—Introduction
Sec.
22.1
22.2
22.3
22.4

What is the purpose of this part?
What activities does this part apply to?
What definitions do you need to know?
Information collection requirements.

Subpart B—General Requirements
22.11 What is the relationship to other permit requirements?
22.12 What activities are illegal?

Subpart C—Eagle Permits
22.21 What are the requirements concerning
scientific and exhibition purpose permits?
22.22 What are the requirements concerning
permits for Indian religious purposes?
22.23 What are the requirements for permits
to take depredating eagles?
22.24 Permits for falconry purposes.
22.25 What are the requirements concerning
permits to take golden eagle nests?

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