Migratory Bird Permits; Changes in the Regulations Governing Raptor Propagation, 60052-60058 [05-20596]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 70, Number 198 (Friday, October 14, 2005)]
[Proposed Rules]
[Pages 60052-60058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20596]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

RIN 1018-AT60


Migratory Bird Permits; Changes in the Regulations Governing 
Raptor Propagation

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (we or us) proposes changes 
in the regulations governing captive propagation of raptors in the 
United States. We propose reorganization of the current regulations, 
and we have added or changed some provisions therein. The changes will 
make it easier to understand the requirements for raptor propagation 
and the procedures for obtaining a propagation permit.

DATES: Send comments on this proposal by January 12, 2006.

ADDRESSES: You may submit comments, identified by RIN 1018-AT60, by any 
of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web Site: https://migratorybirds.fws.gov. Follow the 
links to submit a comment.
     E-mail address for comments: 
PropagationRegulations@fws.gov. Include ``RIN 1018-AT60'' in the 
subject line of the message.
     Mailing address for paper or computer media comments: 
Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 
4401 North Fairfax Drive, Mail Stop MBSP-4107, Arlington, Virginia 
22203-1610.
     Address for hand delivery of comments: Division of 
Migratory Bird Management, U.S. Fish and Wildlife Service, 4501 North 
Fairfax Drive, Room 4091, Arlington, Virginia 22203-1610.
    Instructions: All submissions received must include Regulatory 
Information Number (RIN) 1018-AT60 at the beginning. All comments 
received, including any personal information provided, will be 
available for public inspection at the address shown above for hand 
delivery of comments. For detailed instructions on submitting

[[Page 60053]]

comments and additional information on the rulemaking process, see the 
``Public Participation'' heading in the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: Brian Millsap, Chief, Division of 
Migratory Bird Management, U.S. Fish and Wildlife Service, 703-358-
1714, or Dr. George T. Allen, Wildlife Biologist, 703-358-1825.

SUPPLEMENTARY INFORMATION:

Background

    The Fish and Wildlife Service is the Federal agency with the 
primary responsibility for managing migratory birds. Our authority is 
based on the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703 et seq.), 
which implements conventions with Great Britain (for Canada), Mexico, 
Japan, and the Soviet Union (Russia). Raptors (birds of prey) are 
afforded Federal protection by the 1972 amendment to the Convention for 
the Protection of Migratory Birds and Game Animals, February 7, 1936, 
United States--Mexico, as amended; the Convention between the United 
States and Japan for the Protection of Migratory Birds in Danger of 
Extinction and Their Environment, September 19, 1974; and the 
Convention Between the United States of America and the Union of Soviet 
Socialist Republics (Russia) Concerning the Conservation of Migratory 
Birds and Their Environment, November 26, 1976.
    The taking and use of raptors are strictly prohibited except as 
permitted under regulations implementing the MBTA. Raptors also may be 
protected by State regulations. Regulations governing the issuance of 
permits for migratory birds are authorized by the MBTA and subsequent 
regulations. They are in title 50, Code of Federal Regulations, parts 
10, 13, 21, and (for eagles) 22.

Changes in the Regulations Governing Raptor Propagation

    We have rewritten the regulations in plain language and have 
changed or added some provisions. We seek comment on these proposed 
regulations, particularly the following substantive changes:

    1. The permit period is changed from 3 to 5 years.
    2. Raptor propagation permits will no longer be renewed without 
evidence of successful captive propagation during the term of the 
permit.
    3. All birds held under a captive propagation permit must actually 
be used in propagation or permission to continue to hold them under the 
permit will not be granted.
    4. Captive-bred progeny may be trained for use in falconry. Until 
they are 1 year old, captive-bred offspring may be used in actual 
hunting as a means of training them.
    5. The requirement for reporting within 5 days on eggs laid by 
birds in captive propagation is eliminated. An annual report on 
propagation efforts is all that will be required of permittees.

Clarity of This Regulation

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this proposed rule easier to understand, including answers to questions 
such as the following: (1) Are the requirements in the rule clearly 
stated? (2) Does the rule contain technical language or jargon that 
interferes with its clarity? (3) Does the format of the rule (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce its clarity? (4) Would the rule be easier to understand if it 
were divided into more (but shorter) sections? (A ``section'' appears 
in bold type and is preceded by the symbol Sec.  and a numbered 
heading; for example ``Sec.  21.30 Raptor propagation permits.'') (5) 
Is the description of the rule in the SUPPLEMENTARY INFORMATION section 
of the preamble helpful in understanding the proposed rule? What else 
could we do to make the rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. 
You also may e-mail comments to Exsec@ios.doi.gov.

Regulatory Planning and Review

    In accordance with the criteria in Executive Order 12866, this rule 
is not a significant regulatory action.
    a. This rule will not have an annual economic effect of $100 
million or more or adversely affect an economic sector, productivity, 
jobs, the environment, or other units of government. This is primarily 
a plain-language rewrite of the current regulation. A cost-benefit and 
economic analysis thus is not required. We foresee no particular 
effects on people practicing raptor propagation.
    b. This rule will not create inconsistencies with other agencies' 
actions. The rule deals solely with governance of captive raptor 
propagation in the United States. No other Federal agency has any role 
in regulating this endeavor.
    c. This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
There are no entitlements, grants, user fees, or loan programs 
associated with the regulation of raptor propagation.
    d. This rule will not raise novel legal or policy issues. This rule 
is primarily a reorganization and plain language rewrite of the 
existing regulations. New provisions proposed in the rule are in 
compliance with other laws, policies, and regulations.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996, Pub. L. 104-121), whenever an agency is required to 
publish a notice of rulemaking for any proposed or final rule, it must 
prepare and make available for public comment a regulatory flexibility 
analysis (RFA) that describes the effect of the rule on small entities 
(i.e., small businesses, small organizations, and small government 
jurisdictions). However, no RFA is required if the head of an agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. SBREFA amended the Regulatory 
Flexibility Act to require Federal agencies to provide the statement of 
the factual basis for certifying that a rule will not have a 
significant economic impact on a substantial number of small entities.
    We have examined this rule's potential effects on small entities as 
required by the Regulatory Flexibility Act, and have determined that 
this action will not have a significant economic impact on a 
substantial number of small entities. This determination is based on 
the fact that we are not proposing any changes to the current 
requirements for raptor propagation facilities (housing). The changes 
we are proposing are intended primarily to clarify the requirements for 
raptor propagation and the procedures for obtaining a raptor 
propagation permit. In addition, the changes we propose affect neither 
the information collected nor the fee required to obtain a permit. 
Consequently, we certify that this proposed rule will not have a 
significant economic effect on a substantial number of small entities, 
and thus a regulatory flexibility analysis is not required. Thus, this 
is not a major rule under the Small Business Regulatory Enforcement 
Fairness Act (5 U.S.C. 804(2)) because it will not have

[[Page 60054]]

a significant impact on a substantial number of small entities.
    a. This rule does not have an annual effect on the economy of $100 
million or more. We foresee no effects on the economy from 
implementation of this rule.
    b. This rule will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The practice of raptor propagation 
does not significantly affect costs or prices in any sector of the 
economy.
    c. This rule will not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. Raptor propagation is an endeavor of private individuals. 
Neither regulation nor practice of raptor propagation significantly 
affects business activities.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we have determined the following:
    a. This rule will not ``significantly or uniquely'' affect small 
governments, and thus a Small Government Agency Plan is not required. 
Raptor propagation is an endeavor of private individuals. Neither 
regulation nor practice of raptor propagation affects small government 
activities in any significant way.
    b. This rule will not produce a Federal mandate of $100 million or 
greater in any year, i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. States will not have 
to alter their raptor propagation regulations to comply with the 
proposed revisions.

Takings

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. This rule has no provision for taking 
of private property. A takings implication assessment is thus not 
required.

Federalism

    This rule does not have sufficient Federalism effects to warrant 
preparation of a Federalism assessment under Executive Order 13132. It 
will not interfere with the States' ability to manage themselves or 
their funds. No significant economic impacts should result from the 
proposed changes in the regulation of raptor propagation. However, this 
rule provides the opportunity for States to cooperate in management of 
raptor propagation permits and to ease the permitting process for 
permit applicants.

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This proposed rule does not contain new or revised information 
collection for which OMB approval is required under the Paperwork 
Reduction Act. Information collection required by this proposed 
regulation is covered by OMB approval 1018-0022, which expires on July 
31, 2007. This regulation does not add to that approved information 
collection. The Service 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.

National Environmental Policy Act

    We have analyzed this rule in accordance with the National 
Environmental Policy Act (NEPA), 42 U.S.C. 432-437f) and Part 516 of 
the U.S. Department of the Interior Manual (516 DM). We prepared an 
environmental assessment (EA) in July 1988 to support establishment of 
regulations governing the use of most raptors in falconry. You can 
obtain a copy of the EA by contacting us at the address in the 
ADDRESSES section. This rule does not change the allowed take of 
raptors from the wild. We will prepare an updated Environmental 
Assessment on the take of raptors for use in propagation during the 
rulemaking process to determine whether these proposals are major 
Federal actions significantly affecting the quality of the human 
environment.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated potential effects on Federally recognized Indian Tribes 
and have determined that there are no potential effects. This rule will 
not interfere with the Tribes' ability to manage themselves or their 
funds, or to regulate raptor propagation on tribal lands.

Energy Supply, Distribution, or Use (Executive Order 13211)

    On May 18, 2001, the President issued Executive Order 13211 
addressing regulations that significantly affect energy supply, 
distribution, and use. Executive Order 13211 requires agencies to 
prepare Statements of Energy Effects when undertaking certain actions. 
Because this rule only affects the practice of raptor propagation in 
the United States, it is not a significant regulatory action under 
Executive Order 12866, and will not significantly affect energy 
supplies, distribution, or use. Therefore, this action is not a 
significant energy action, and thus no Statement of Energy Effects is 
required.

Are There Environmental Consequences of the Proposed Action?

    The changes we propose are primarily in the combining, 
reorganizing, and rewriting of the regulations. The environmental 
impacts of this action are limited.
    Socio-economic. We do not expect the proposed action to have 
discernible socio-economic impacts.
    Raptor populations. This rule will not significantly alter the 
conduct of raptor propagation in the United States. We expect it to 
have no discernible effect on raptor populations.
    Endangered and Threatened Species. The regulations have no new 
provisions that affect threatened or endangered species.

Does This Rule Comply With Endangered Species Act Requirements?

    Yes. Section 7 of the Endangered Species Act (ESA) of 1973, as 
amended (16 U.S.C. 1531 et seq.), requires that ``The Secretary [of the 
Interior] shall review other programs administered by him and utilize 
such programs in furtherance of the purposes of this chapter'' (16 
U.S.C. 1536(a)(1)). It further states that the Secretary must ``insure 
that any authorized, funded, or completed action ``is not likely to 
jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of [critical] habitat'' (16 U.S.C. 1536(a)(2)). The Division of 
Threatened and Endangered Species concurred with our finding that the 
revised regulations will not affect listed species.

Author

    The primary author of this rulemaking is Dr. George T. Allen, U.S. 
Fish and Wildlife Service, Division of Migratory Bird Management, 4401 
North Fairfax Drive, Mail Stop MBSP-4107, Arlington, Virginia 22203-
1610.

[[Page 60055]]

Public Participation

    You may submit written comments on this proposal to the location 
identified in the ADDRESSES section, or you may submit electronic 
comments to the internet address listed in the ADDRESSES section. We 
must receive your comments before the date listed in the DATES section. 
Following review and consideration of comments, we will issue a final 
rule on the proposed regulation changes. When submitting electronic 
comments, please include your name and return address in your message, 
identify it as comments on the draft raptor propagation regulations, 
and submit your comments as an ASCII file. Do not use special 
characters or any encryption. If you do not receive a confirmation from 
the system that we have received your electronic comments, you can 
contact us directly at 703-358-1714. When submitting electronic or 
written comments, refer to the file number RIN 1018-AT60.
    All comments on the proposed rule will be available for public 
inspection during normal business hours at Room 4091 at the Fish and 
Wildlife Service, Division of Migratory Bird Management, 4501 North 
Fairfax Drive, Arlington, Virginia -1610. The administrative record for 
this proposed rule is available, by appointment, during normal business 
hours at the same address. You may call 703-358-1825 to make an 
appointment to view the file.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review. Individual 
respondents may request that we withhold their home address from the 
rulemaking record, which we will honor to the extent allowable by law. 
In some circumstances, we would also withhold from the rulemaking 
record a respondent's identity, as allowable by law. If you wish for us 
to withhold your name or address, you must state this prominently at 
the beginning of your comment. We will make all submissions from 
organizations or businesses and from individuals identifying themselves 
as representatives or officials of organizations or businesses, 
available for public inspection in their entirety.

List of Subjects in 50 CFR Part 21

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

Proposed Regulation

    For the reasons stated in the preamble, we propose to amend part 
21, subpart C, of subchapter B, chapter I, title 50 of the Code of 
Federal Regulations, as follows:

PART 21--[AMENDED]

    1. The authority citation for part 21 continues to read as follows:

    Authority: 16 U.S.C. 703-712; Pub. L. 106-108; 16 U.S.C. 668a.

    2. Revise Sec.  21.30 as set forth below.


Sec.  21.30  Raptor propagation permits.

    (a) What is the legal basis for regulating raptor propagation? The 
Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703 et seq.) prohibits any 
person from capturing from the wild, purchasing, bartering, selling, or 
offering to purchase, barter, or sell raptors (birds of prey) listed in 
Sec.  10.13 of this subchapter B, or undertaking any other uses of 
these birds unless the uses are allowed by Federal regulation and the 
person has a permit to conduct the activity. These regulations cover 
all Falconiformes (kites, eagles, hawks, caracaras, and falcons) and 
all Strigiformes (owls) listed in Sec.  10.13 of this subchapter B 
(``native'' raptors) and apply to any person who holds for propagation 
one or more native raptors. Captive propagation of raptors is allowed 
to minimize the pressure on wild populations resulting from take from 
the wild for falconry. Wild-caught and captive-bred raptors of species 
protected under the MBTA are always under the stewardship of the U.S. 
Fish and Wildlife Service. They are not private property.
    (b) Do other Federal or State regulations affect raptor propagation 
activities? Yes. Other regulations, such as those for the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora, the 
Wild Bird Conservation Act, and State regulations, may affect 
propagation-related activities. In cases in which more than one set of 
regulations affect raptor propagation, the most restrictive 
requirements affecting the activity in question will apply.
    (c) Is captive propagation allowed for all raptor species? No. The 
Bald and Golden Eagle Protection Act (16 U.S.C. 668) makes no provision 
for captive propagation of golden eagles or bald eagles. These species 
may not be used in captive propagation.
    (d) What facilities requirements for raptors are associated with 
raptor propagation permits? In addition to the general conditions found 
in part 13 of this subchapter B, raptor propagation permits are subject 
to the following additional conditions:
    (1) Your facilities may be adjacent to or adjoining other 
facilities you maintain for birds held under other permit types. 
However, birds held under your raptor propagation permit must be kept 
separate from birds held under other permit types.
    (2) You must maintain any tethered raptor you possess under this 
permit in accordance with the facilities and standards requirements in 
Sec.  21.29 unless you obtain a written exception to this requirement.
    (3) For untethered raptors, your breeding facilities must be 
soundly constructed and entirely enclosed with wood, wire netting, or 
other suitable material that provides a safe, healthy environment.
    (i) Your facilities must minimize the risk of injury by providing 
protection from predators, pets, and extreme weather conditions.
    (ii) Your facilities must minimize the risk of raptor collision 
with interior or perimeter construction materials and equipment such as 
support poles, windows, wire netting, perches, or lights.
    (iii) Your facilities must have observation windows or video 
cameras that will allow you to check on your birds with minimal 
disturbance to them.
    (iv) Your facilities must have suitable perches and nesting sites, 
fresh water for bathing and drinking, fresh air ventilation, a source 
of light, a well-drained floor, and ready access for cleaning.
    (v) The interior of your propagation facilities must be of 
materials suitable for thorough cleaning or disinfection.
    (e) Do I have to band raptors held for use in captive propagation 
that are not captive-bred? Yes. Unless we specifically exempt a 
particular raptor, any raptor taken from the wild must be banded with a 
permanent, nonreusable band that we will provide.
    (f) Do I have to band captive-bred raptors? Yes. Unless a 
particular nestling is specifically exempted, you must band every 
captive-bred raptor within 2 weeks of hatching with a numbered, 
seamless band placed on the nestling's leg. We will provide the 
necessary bands.
    (1) You must use a band with an inside diameter that is small 
enough to prevent loss or removal of the band when the raptor is grown 
without causing serious injury to the raptor or damaging the band's 
integrity or one-piece construction.
    (2) You may band a nestling with more than one band of different 
sizes if you cannot determine the proper size when you band the 
nestling. You must then remove all but the correctly sized band when 
the nestling is 5 weeks old, and you must return to us the band(s) you 
remove.
    (3) You may request an exemption from the banding requirement for 
any

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nestling or fledgling for which the band causes a problem. If you 
demonstrate that the band itself or the behavior of the bird in 
response to the band poses a hazard to the bird, we will exempt that 
bird from the banding requirement.
    (g) Are there restrictions on taking raptors or raptor eggs from 
the wild? Yes. If your permit authorizes you to take raptors or raptor 
eggs from the wild, you must meet the following requirements:
    (1) The State or foreign country in which the raptors or raptor 
eggs are taken must authorize you in writing to take the raptor(s) or 
raptor egg(s) from the wild for propagation purposes.
    (2) You may not take a raptor listed in Sec.  17.11(h) of this 
chapter as ``endangered'' or ``threatened'' from the wild without a 
permit under part 17 of this subchapter B.
    (3) You must comply with all State laws in taking a raptor or 
raptor egg(s) from the wild.
    (h) May I transfer, purchase, sell, or barter raptors, raptor eggs, 
or raptor semen? Yes, but only those from captive-bred and -raised 
birds.
    (1) You may transfer, sell, or barter any lawfully possessed 
captive-bred raptor to another raptor propagation permittee, to a 
person with a valid State falconry permit, or to another person 
authorized to possess captive-bred raptors if the raptor is marked on 
the metatarsus by a seamless, numbered band we will supply.
    (2) You may transfer, sell, or barter any lawfully possessed raptor 
egg or raptor semen produced by a bird held under your captive 
propagation permit, or under your falconry permit if you are using 
falconry birds in propagation, to another raptor propagation permittee.
    (3) If you purchase from or barter with any person in a foreign 
country, that person must be authorized by the wildlife management 
authority of that country to sell or barter captive-bred raptors.
    (4) If you transfer to, sell to, or barter with any person in a 
foreign country, that person must be authorized to possess, purchase, 
or barter captive-bred raptors by the wildlife management authority of 
the country. The wildlife management authority must certify in writing 
that the recipient is an experienced falconer or raptor propagator who 
is required to maintain any raptors in his or her possession under 
conditions that are comparable to the conditions under which a 
permittee must maintain raptors under Sec. Sec.  21.29 or 21.30. No 
certification is required if the competent wildlife management 
authority itself is the recipient of captive-bred raptors for 
conservation purposes.
    (5) You may not trade, transfer, purchase, sell, or barter a 
captive-bred raptor until it is 2 weeks old.
    (6) You may not purchase, sell, or barter any raptor eggs or any 
raptors taken from the wild, any raptor semen collected from the wild, 
or any raptors hatched from eggs taken from the wild.
    (i) Do I need to document lawful possession of a bird held for 
captive propagation? Yes. You must have a copy of a properly completed 
FWS Form 3-186A (Migratory Bird Acquisition and Disposition Report) for 
each bird you acquire or that is transferred to you. However, you do 
not have to submit or have a copy of an FWS Form 3-186A for raptors you 
produced by captive propagation if you keep the birds in your 
possession under your propagation permit.
    (j) Do I have to report the transfer of a propagation raptor to 
another permittee or to another permit I hold? Yes. If you sell, trade, 
barter, or transfer a raptor held under your captive propagation 
permit, even if the transfer is to a falconry permit you hold, you must 
complete an FWS Form 3-186A and send it to us within 5 calendar days of 
the transfer.
    (k) May another person care for a propagation bird for me 
temporarily? Yes. Another person who can legally possess raptors may 
care for a propagation raptor for you for up to 45 calendar days. The 
person must have a signed and dated statement from you authorizing the 
temporary possession, plus a copy of the FWS Form 3-186A that shows 
that you are the possessor of the bird. The statement must include 
information about the time period for which the other person will keep 
the bird, and about what he or she is allowed to do with it. The bird 
will remain on your raptor propagation permit. If the person who 
temporarily holds it for you is a falconer or a captive propagator, the 
bird will not be counted against his or her possession limit on birds 
held for falconry or propagation. However, the other person may not use 
the bird in falconry or in propagation. If you wish to have someone 
else care for a propagation raptor you hold for more than 45 days, or 
if you wish to let another person use the bird in falconry or captive 
propagation, you must transfer the bird to that person and report the 
transfer by submitting a completed FWS Form 3-186A.
    (l) May I produce hybrid raptors in captive propagation? Yes. 
However, interspecific hybridization is authorized only if each bird 
produced is imprinted on humans by being hand-raised in isolation from 
the sight of other raptors from 2 weeks of age or it is surgically 
sterilized.
    (m) What do I do with the body of a raptor held for captive 
propagation that dies? If a bird you hold for captive propagation dies, 
you must remove and return its band to us with an FWS Form 3-186A 
reporting the death of the bird. You must destroy the carcass of the 
bird immediately, unless you request authorization from us to retain 
possession of it temporarily. If you receive authorization to do so, 
you may transfer the carcass to any other person authorized by the 
Service to possess it (who may be you under another permit type), 
provided no money or other consideration is involved.
    (n) What do I do with nonviable eggs, nests, and feathers? You may 
possess addled or blown eggs, nests, and feathers suitable for imping 
(replacing a damaged feather with a molted feather) from raptors held 
under permit and may transfer any of these items to any other person 
authorized by the Service to possess them, provided that no money or 
other consideration is involved.
    (o) May I release captive-bred raptors to the wild? Yes, except 
that you may not release a raptor produced by interspecific 
hybridization to the wild. To release a captive-bred raptor, you must 
have written authorization from us and from the State agency that 
regulates such releases in the State in which you wish to release the 
bird. You should leave the captive-bred band on the bird.
    (p) What records of my captive propagation efforts do I have to 
keep? You must maintain complete and accurate records of all 
operations, including the following, for at least 5 years from the date 
of expiration of your permit:
    (1) The acquisition of raptors, eggs, or semen from sources other 
than production.
    (i) Whether the stock was semen, eggs, or birds.
    (ii) A description of the stock.
    (A) The species, sex, and age of each (if applicable).
    (B) The natal area (geographical breeding site or area that captive 
stock represents, e.g., Colville River, Alaska; unknown; migrant taken 
in Maryland, etc.).
    (C) The band number (if applicable).
    (iii) How the stock was acquired, i.e., whether it was purchased, 
bartered, or transferred (include the purchase price or a description 
of any other consideration involved), or taken from the wild.
    (iv) The day, month, and year the stock was acquired.

[[Page 60057]]

    (v) The name, address, and permit number of the person from whom 
the stock was acquired or the location where the stock was taken from 
the wild.
    (2) The disposition of raptors, eggs, or semen.
    (i) Whether the stock was semen, eggs, or birds.
    (ii) A description of the stock.
    (A) The species, sex, and age of each (if applicable).
    (B) The natal area (geographical breeding site or area that captive 
stock represents, e.g., Colville River, Alaska; unknown; migrant taken 
in Maryland, etc.).
    (C) The band number of each (if applicable).
    (iii) How you disposed of the stock, i.e., whether by sale, barter, 
or transfer (include the sale price or a description of any other 
consideration involved), escape, intentional release to the wild, or 
death.
    (iv) The day, month, and year you disposed of the stock.
    (v) To whom or where you disposed of the stock. Provide information 
on the name, address, and permit number of the purchaser, barterer, or 
transferee, or describe the location of any other disposition.
    (3) The production and pedigree record for the male and the female 
in each propagation attempt.
    (i) The species, natal area, and band number for each bird.
    (ii) Whether insemination was natural, artificial, or a combination 
thereof.
    (iii) How many eggs were laid and the laying date for each of them.
    (iv) How many eggs hatched and the hatching date for each of them.
    (v) How many young were raised to 2 weeks of age and the band 
number for each of them.
    (q) Do I have to provide reports on my captive propagation 
activities? Yes. For determining take of raptors for captive 
propagation and reporting on propagation activities, you must submit an 
annual report to us by January 31 for the preceding year. For purposes 
of this reporting requirement, a year runs from January 1 through 
December 31. Your report must include the following information for 
each species you held under your captive propagation permit:
    (1) The number of raptors you possessed for captive propagation as 
of December 31 (including the species, band number, sex, and hatch date 
of each raptor).
    (2) The number of eggs laid by each female.
    (3) The number of young raised to 2 weeks of age.
    (4) The number of raptors you purchased, sold, bartered, received, 
or transferred (including the species, band number, sex, and age of 
each raptor), the date of the transaction, and the name, address, and 
permit number of each purchaser, seller, barterer, transferor, or 
transferee.
    (5) The number of unused seamless bands of each size that you have 
in your possession.
    (r) May I use a bird held for captive propagation in falconry? No. 
You may use raptors held under your captive propagation permit only for 
propagation. You must transfer a bird held for captive propagation to a 
falconry permit before you or another person may use it in falconry. If 
you transfer a bird held for captive propagation to another permit, you 
and the person to whom you transfer the bird must complete an FWS Form 
3-186A and report the transfer.
    (s) May I train captive-bred offspring for use in falconry? Yes. 
You may train any captive-bred progeny of raptors you hold under your 
permit. You may use falconry training or conditioning practices, such 
as the use of creance (tethered) flying, lures, balloons, or kites in 
training or conditioning these birds. Until they are 1 year old, you 
also may use captive-bred offspring in actual hunting as a means of 
training them. To do so, you will not need to transfer them to another 
permit type. You may not use them in hunting after their first year if 
they are held under your captive propagation permit. You may not hunt 
at any time with birds used in propagation.
    (t) Do I need a Federal permit to possess raptors for propagation? 
Yes. You must have a Federal raptor propagation permit before you may 
capture from the wild, possess, transport, import, purchase, barter, or 
offer to sell, purchase, or barter any raptor, raptor egg, or raptor 
semen for propagation purposes. Your State also may require that you 
have a State permit.
    (u) How do I apply for a Federal raptor propagation permit? Using 
FWS Form 3-200-12, you must submit your application for a raptor 
propagation permit to the appropriate Regional Director, to the 
attention of the Migratory Bird Permit Office. You can find addresses 
for the Regional Directors in 50 CFR 2.2. Your application must contain 
the general information and the certification required in Sec.  
13.12(a) of this subchapter, and the following information:
    (1) A statement indicating the purpose(s) for which you seek to 
breed raptors and, if applicable, the scientific or educational 
objectives of your propagation efforts.
    (2) A copy of your State permit authorizing raptor propagation.
    (3) A statement fully describing your experience with raptor 
propagation or handling, including the names of the species with which 
you have worked and duration of your activities with each.
    (4) A description of each raptor you possess at the time of your 
application and will use in propagation efforts, including the species, 
age (if known), sex (if known), date of acquisition, source, and raptor 
band number.
    (5) A description of each raptor you possess for purposes other 
than raptor propagation, including the species, age (if known), sex (if 
known), date of acquisition, source, raptor band number, and purpose 
for which it is possessed.
    (6) A description (including dimensions, drawings, and photographs) 
of the facilities and equipment you will use.
    (7) A statement indicating whether you wish to take raptors or 
raptor eggs from the wild.
    (v) What are the criteria for issuing a permit? When we receive an 
application completed as required in paragraph (u) of this section, we 
will decide whether we should issue a permit to you. We will consider 
the general criteria in Sec.  13.21(b) of this subchapter B and the 
following factors:
    (1) You must be at least 18 years old and have at least 2 full 
years of experience handling raptors.
    (2) If you seek authority to propagate endangered or threatened 
species, you must have at least 5 years of experience handling raptors 
in a propagation program or programs. You may also need an endangered 
species permit to propagate threatened or endangered raptors. See 
Sec. Sec.  17.21 and 17.22 of this subchapter B for permit requirements 
to propagate threatened or endangered raptors.
    (3) You must have a propagation permit or other authorization for 
raptor propagation from your State, if your State requires such 
authorization.
    (4) Your raptor propagation facilities must be adequate for the 
number and species of raptors to be held under your permit.
    (5) For renewal of your Federal permit, when you seek the renewal 
you must provide documentation of your successful captive propagation 
efforts (young that reach fledging age) during the tenure of your 
permit.
    (6) If you seek to take raptors or eggs from the wild to use in 
propagation efforts, we will consider the following in deciding whether 
to grant you

[[Page 60058]]

authority to take raptors or eggs from the wild:
    (i) Whether issuing the permit would have a significant effect on 
any wild population of raptors.
    (ii) Whether suitable captive stock is available.
    (iii) Whether wild stock is needed to enhance the genetic 
variability of captive stock.
    (w) What procedures do I follow to update my captive propagation 
permit if I move? If you move within your State or get a new mailing 
address, you must notify us within 10 days (see Sec.  13.23(c) of this 
subchapter B). If you move to a new State, within 10 days you must 
inform both your former and your new Fish and Wildlife Service 
Migratory Bird Permit Offices of your address change. If you have new 
propagation facilities, you must provide information, pictures, and 
diagrams of them, and they may have to be inspected in accordance with 
Federal and/or State requirements.
    (x) For how long is my Federal captive propagation permit valid? 
Your Federal permit will be valid for up to 5 years from when it is 
issued or renewed. It will expire on the same day as your State permit, 
unless your State permit is for a period longer than 5 years, or unless 
we amend, suspend, or revoke it.
    (y) What are the requirements for renewal of my captive propagation 
permit? For us to renew your permit, you must provide documentation 
that you have had at least one young raised to fledging age within the 
last 5 years, or that the bird held for propagation has produced semen 
or eggs used in captive propagation efforts. This requirement applies 
to each bird held under the propagation permit, and both male and 
female birds held under this permit must be involved in the breeding 
program. However, if you can provide justification for allowing renewal 
of your propagation permit although you were unable to document that at 
least one young raised to fledging age, semen, or eggs were produced by 
each bird held under your propagation permit and used in captive 
propagation efforts, we will consider renewing your permit for an 
additional permit cycle. If, after your first renewal, you do not 
provide documentation of successful captive propagation or production 
of eggs or semen used in captive propagation within the next 5 years, 
we will not renew your permit again. If we do not renew your permit or 
do not allow continued possession of a bird or birds for captive 
propagation (including captive-bred raptors), within 30 days you must 
transfer any such bird to another raptor propagator or to a falconer, 
or release it to the wild (if release of the species is allowed by the 
state).

    Dated: October 3, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-20596 Filed 10-13-05; 8:45 am]
BILLING CODE 4310-55-P