Regulatory Authorizations for Migratory Bird and Eagle Possession by the General Public, Educators, and Government Agencies, 107026-107043 [2024-31015]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 89, Number 250 (Tuesday, December 31, 2024)]
[Rules and Regulations]
[Pages 107026-107043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31015]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 19, 21, and 22

[Docket No. FWS-HQ-MB-2022-0023; FXMB12320900000-245-FF09M31000]
RIN 1018-BC76


Regulatory Authorizations for Migratory Bird and Eagle Possession 
by the General Public, Educators, and Government Agencies

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service, are revising current 
regulatory authorizations and adding

[[Page 107027]]

new regulatory authorizations for possession of migratory birds and 
eagles and for other purposes. These regulatory revisions will allow us 
to authorize the general public, educators, and government agency 
employees to possess migratory birds and eagles in certain specific 
situations and still meet our obligations to protect migratory birds 
and eagles under the Migratory Bird Treaty Act and the Bald and Golden 
Eagle Protection Act. We also are changing the Airborne Hunting Act 
regulations to clarify what Federal authorizations may be used to 
comply with that statute.

DATES: This final rule is effective December 31, 2024.
    Information Collection Requirements: If you wish to comment on the 
information collection requirements in this rule, please note that the 
Office of Management and Budget (OMB) is required to make a decision 
concerning the collection of information contained in this rule between 
30 and 60 days after publication of this rule in the Federal Register. 
Therefore, comments should be submitted to the Service Information 
Collection Clearance Officer, U.S. Fish and Wildlife Service (see 
``Information Collection'' section below under ADDRESSES) by January 
30, 2025.

ADDRESSES: Document availability: This final rule, the proposed rule, 
and public comments received on the proposed rule are available at 
https://www.regulations.gov in Docket No. FWS-HQ-MB-2022-0023.
    Information Collection Requirements: Written comments and 
suggestions on the information collection requirements should be 
submitted within 30 days of publication of this document to https://www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function. Please provide a copy of 
your comments to the Service Information Collection Clearance Officer, 
U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), 
Falls Church, VA 22041-3803 (mail); or [email protected] (email). 
Please reference OMB Control Number 1018-0200 in the subject line of 
your comments.

FOR FURTHER INFORMATION CONTACT: Jerome Ford, Assistant Director-
Migratory Birds Program, U.S. Fish and Wildlife Service, telephone: 
703-358-2606, email: [email protected]. Individuals in the United States 
who are deaf, deafblind, hard of hearing, or have a speech disability 
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications 
relay services. Individuals outside the United States should use the 
relay services offered within their country to make international calls 
to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: 

Background

    The U.S. Fish and Wildlife Service (Service) is the Federal agency 
delegated with the primary responsibility for managing migratory birds, 
including bald eagles and golden eagles. Our authority derives 
primarily from the Migratory Bird Treaty Act of 1918, as amended, 16 
U.S.C. 703-12 (MBTA), which implements conventions with Canada, Mexico, 
Japan, and the Russian Federation. The MBTA protects certain migratory 
birds from take, except as permitted under the MBTA. We implement the 
provisions of the MBTA through regulations in parts 10, 13, 20, 21, and 
22 of title 50 of the Code of Federal Regulations (CFR). Regulations 
pertaining to migratory bird permits are set forth at 50 CFR part 21. 
In addition, the Bald and Golden Eagle Protection Act, 16 U.S.C. 668-
668d (the Eagle Act), prohibits take of bald eagles and golden eagles 
except pursuant to Federal regulations. The Eagle Act authorizes the 
Secretary of the Interior to issue regulations to permit the ``taking'' 
of eagles for various purposes, including the protection of ``other 
interests in any particular locality'' (16 U.S.C. 668a), provided the 
taking is compatible with the preservation of eagles. Regulations 
pertaining to eagle permits are set forth at 50 CFR part 22.
    The Service has long authorized activities pertaining to migratory 
birds under regulatory authorizations. The origins of the regulatory 
authorization that provides for ``general exceptions to permit 
requirements'' (50 CFR 21.12) can be traced back to 1944. Regulatory 
authorizations are regulations that establish eligibility criteria and 
conditions without requiring a permit to conduct those activities. 
Regulatory authorizations are best suited for activities that have 
straightforward eligibility criteria and well-established conditions 
and pose a low risk to migratory bird populations.
    The Service uses regulatory authorizations to authorize the take or 
possession of migratory birds. We may include mandatory or recommended 
conditions and recordkeeping, reporting, and inspection requirements. 
Regulatory authorizations have a relatively low administrative burden 
because they do not require submission of an application to obtain a 
permit from the Service prior to conducting an activity. Those who are 
eligible for a regulatory authorization must comply with any required 
conditions, including recordkeeping and reporting requirements, and are 
subject to enforcement for noncompliance. Examples of current 
regulatory authorizations include general permit exceptions (50 CFR 
21.12) as well as depredation and control orders (50 CFR part 21, 
subpart D).
    We published a proposed rule on June 1, 2023 (88 FR 35809), to 
revise the existing regulatory authorizations, add new regulatory 
authorizations, and amend various provisions in the regulations 
governing the take and possession of migratory birds and eagles. The 
proposed rule included amendments to 50 CFR parts 21 and 22 to update 
references to 50 CFR 21.12. We also proposed to add a definition for 
``humane and healthful conditions'' to 50 CFR 21.6 and 22.6, remove the 
current regulatory authorization for the possession of live migratory 
birds, and make clarifying changes to Federal authorizations under the 
Airborne Hunting Act (AHA) regulations (50 CFR 19.21). The comment 
period closed July 31, 2023.
    This rulemaking improves organization and transparency of the 
regulations that set forth regulatory authorizations. We also include 
new regulatory authorizations, expanding the activities that do not 
require a permit both because they are well suited to straightforward 
eligibility criteria and because they are likely to have no or 
negligible impact on migratory bird populations and conservation. 
Finally, we modify the limitations on permits under the AHA regulations 
(50 CFR part 19) to support emerging uses of technology for bird 
conservation.
    We describe each of the regulations in more detail below in this 
preamble.

This Rulemaking

    In this rulemaking, the Service modifies five existing regulatory 
authorizations (prior to this rulemaking, located in 50 CFR 21.12(a)-
(d) and indicated with ``revised'' in the preamble headings below) and 
redesignates them to their own sections. These modifications clarify 
language in the authorizations that was unclear, confusing, or created 
unintended restrictions or allowances. The Service also includes new 
regulatory authorizations for the following activities: salvage, 
activities by agency natural-resource employees, and exhibition of 
eagle specimens. The regulations are not authorizing a new activity. 
Instead, they are changing the authorization mechanism from a permit to 
a regulatory authorization. After

[[Page 107028]]

decades of issuance, the Service has developed straightforward 
eligibility criteria for these permit types and they have had no or 
negligible impact on migratory bird populations or their conservation. 
Moreover, the permit conditions do not require case-by-case 
customization, making these permit activities appropriate for a 
regulatory authorization.

General Public--Birds in Buildings Authorization (revised)

    Current regulations include a regulatory authorization that allows 
any person (as defined in 50 CFR 10.12) to remove a migratory bird from 
the interior of a building or structure. We redesignate this regulation 
from Sec.  21.12(d) to Sec.  21.14 and make clarifying revisions. We 
expand the authorization from ``residence or a commercial or government 
building'' to ``residence, business, or similar building or structure 
where people live or work.'' We amend this text because it 
inadvertently excluded structures, such as belltowers, in which the 
presence of migratory birds is preventing the normal use of the 
structure's interior, such as by causing a health or safety risk to 
humans or birds or damage to property such as foodstuffs or products 
for sale, or where the bird may become injured because it is trapped. 
It is beneficial to birds and humans for us to allow removal of birds 
unintentionally trapped in the interior of any building or structure. 
This authorization would not apply to birds or nests on the exterior of 
a building or structure. Removal of in-use nests on the exterior of 
buildings or structures would continue to require a permit, such as in 
exterior eaves or bridges. We also include additional text that 
requires removal of birds to be undertaken under humane and healthful 
conditions and provides sources for technical assistance, including the 
American Veterinary Medical Association Guidelines for the Euthanasia 
of Animals which is readily available online at https://www.avma.org/resources-tools/avma-policies/avma-guidelines-euthanasia-animals with 
free public access.

General Public--Salvage Authorization (new)

    Previously, regulations required a permit for any person to salvage 
(i.e., pick up) migratory birds found dead, including parts, feathers, 
nonviable eggs, and inactive nests. Salvage permits have been issued 
under the special purpose permits regulations (Sec.  21.95). We add a 
new authorization at Sec.  21.16 for any person to salvage migratory 
birds found dead. Federal, Tribal, State, Territorial, or local 
guidance for safe handling and disposal of dead wildlife should be 
followed.
    Salvage permits have minimal issuance criteria and no customized 
permit conditions. To reduce the administrative burden for the public 
and the Service, we replace the current permit requirement for salvage 
with a regulatory authorization. The primary purpose of adding this 
regulation is to address salvage situations where individuals are not 
actively seeking out dead birds. Examples include a person who 
discovers that a migratory bird has died from a vehicle-strike, but the 
remains are in good condition and the person wants to put the specimen 
to good use by donation to a nature center, or a homeowner who 
discovers a dead bird near their home and wants to put it in the trash. 
It does not make sense to prohibit these everyday activities or to 
require a permit to conduct them.
    All birds salvaged under the new authorization must be promptly 
disposed of by donation to a person or entity authorized to receive 
them, such as for purposes of education or science, or by complete 
destruction. Complete destruction of dead migratory birds is most 
commonly achieved by burial or incineration, in accordance with 
applicable Federal, Tribal, State, Territorial, and local laws and 
ordinances. If allowed by local laws and ordinances, placing specimens 
in the trash is considered burial, as the specimens are ultimately 
buried in the landfill. Any person may contact the Service Migratory 
Bird Program to determine if an entity is authorized to receive donated 
birds. Birds may not be retained for personal use, sold, bartered, or 
traded.
    This authorization does not apply to any person who is salvaging 
birds for the purposes of scientific research. For research activities, 
the Service continues to require a scientific collecting permit (Sec.  
21.73), which also provides authorization to collect samples from 
salvaged birds. The Service will continue to authorize salvage for 
utility purposes with a special purpose utility permit (Sec.  21.95) 
for migratory birds found dead on or near utility property, 
infrastructure, or rights-of-way. The Service reserves the right to 
notify any person that a permit is required to salvage migratory birds 
for purposes beyond the scope of this regulatory authorization.
    Previously, persons without a salvage permit who found an eagle 
needed to notify a Federal, Tribal, or State wildlife agency who had 
authorization to salvage the eagle, parts, or feathers. Now, 
individuals who discover eagles have the option to contact the 
Service's National Eagle Repository (Repository) directly or continue 
contacting their Federal, Tribal, or State wildlife agency. The Service 
recognizes that bald eagles and golden eagles hold cultural 
significance for many Native American Tribes. In honor of our trust 
relationship with Native American Tribes, we make this change to reduce 
the current barriers to donation to the Repository. The Repository, in 
Commerce City, CO, may be contacted for donation instructions at 
[email protected] or 303-287-2110.
    We continue to require that any salvaged bald eagles or golden 
eagles be donated to the Repository and to allow the Repository to 
determine if eagles, parts, or feathers are suitable for distribution. 
However, the rule provides that, if determined unsuitable by the 
Repository, those items could be donated for scientific or exhibition 
purposes or completely destroyed, such as by burial or incineration, in 
accordance with applicable Federal, Tribal, State, and local laws and 
ordinances. The rule does not change the authorization for Native 
American Tribes to retain eagles with a Tribal eagle remains permit 
(Sec.  22.60).

Public Institutions--Exhibition Use of Specimens Authorization 
(revised)

    Previously, a Service regulation (at Sec.  21.12(b)(1)) authorized 
certain public and private institutions to possess migratory birds 
without a permit. Some aspects of the purpose and scope of this 
regulation were unclear. With this final rule, the Service replaces 
Sec.  21.12(b)(1) with the regulatory authorization for exhibition use 
of specimens at Sec.  21.18.
    In this authorization, public entities are authorized to possess 
lawfully acquired migratory bird specimens without a permit for the 
purposes of public conservation-education programs or public archival 
purposes. Similar to the definition of ``public'' in 50 CFR 10.12, the 
Service will use the term ``public'' for all part 21 and part 22 
regulations to mean entities that are open to the general public and 
are either established, maintained, and operated as a governmental 
service or are privately endowed and organized but not operated for 
profit. Individuals and private for-profit entities are not considered 
public.
     ``Open to the general public'' means an entity that is 
open on a regularly scheduled basis during publicly posted hours of at 
least 400 hours per calendar year, such as for archive access or static 
display, or that conducts at least 12 public educational programs per 
year.

[[Page 107029]]

The entity may charge a fee for entry or to attend programs. A program 
will not qualify as a public program if access is restricted to a 
limited group of individuals.
     ``Governmental service'' means services provided by 
government agencies, including Federal, Tribal, State, Territorial, or 
local agencies, as well as services provided by entities operating on 
behalf of a government agency, such as contractors. Those operating on 
behalf of an agency must have documentation (e.g., a letter from the 
agency) authorizing operation. The purpose of the exhibition must be 
for conservation education or scientific purposes, but the purpose of 
the agency does not need to be education or science.
     ``Not operated for profit,'' also known as nonprofit 
organizations, means an entity that is privately endowed (i.e., funded) 
and documented in accordance with Internal Revenue Service tax-exempt 
standards under 26 U.S.C. 501(c)(3) or similar Federal standards.
     The term ``endowed'' is interpreted as synonymous with 
``funded'' and does not require a minimum endowment to qualify as 
public. The Service recommends that an entity's financial health and 
stability should be sufficient to cover the operational costs of the 
activities conducted as well as costs in the event of unexpected 
closure, such as placement of specimens or live birds.
    The regulatory authorization does not authorize the possession of 
live migratory birds; however, the exhibition and propagation of live 
birds will continue to be authorized by permit. Any entity in 
possession of live migratory birds and currently operating under Sec.  
21.12(b)(1) may continue activities currently authorized by Sec.  
21.12(b)(1) until the Service finalizes a rulemaking regarding the 
exhibition of live migratory birds and eagles for educational purposes 
(RIN 1018-BF58; see the advance notice of proposed rulemaking that 
published June 1, 2023, at 88 FR 35821; Docket No. FWS-HQ-MB-2023-
0015). Once the live bird exhibition rulemaking is finalized, those 
entities will need to comply with the new regulations.
    So that we may better understand the number and types of entities 
operating under the current exhibition exception, we request that 
entities currently operating under Sec.  21.12(b)(1) email the Service 
at [email protected] by March 31, 2025 with the following 
information:
    (1) The entity name, physical address, and, if different, mailing 
address;
    (2) the name, title, and contact information of the principal 
officer who is in charge of the organization;
    (3) the name, title, and contact information of the primary contact 
the Service should use, if different than the principal officer; and
    (4) the following statement: ``This entity is currently operating 
under the permit exception at 50 CFR 21.12(b)(1) and intends to 
continue operating under the conditions of this exception until the 
Service publishes exhibition regulations.''
    The Service will use this information to contact those entities 
once the new exhibition regulations are final.

Public Institutions--Authorization for Exhibition Use of Eagle 
Specimens (new)

    Previously, an eagle exhibition permit (Sec.  22.50) was required 
to possess eagle specimens for exhibition purposes, including mounts, 
feathers, parts, eggs, and nests. These permits are limited under the 
Eagle Act to public museums, scientific societies, and zoological parks 
(16 U.S.C. 668a) and can include take and possession of live birds as 
well as specimens. Most of these permittees are government entities 
that display a single, mounted eagle in a visitor center or building 
entrance. These exhibition permits for specimens have straightforward 
issuance criteria and conditions that are standard for all permittees. 
Therefore, to reduce the administrative burden for these public 
entities and the Service, we provide a regulatory authorization at 
Sec.  22.15 for public museums, scientific societies, and zoological 
parks to possess eagle specimens for exhibition use without a permit. 
Possession of live birds will continue to require a permit. This 
regulatory authorization also does not authorize any taking of eagles. 
Any eagle specimens must have been legally obtained under the terms of 
a part 22 eagle permit or as authorized by Sec.  21.16. We create in 
part 22 a new subpart B that has a similar structure to part 21, 
subpart B, and sets forth regulatory authorizations for eagles.
    We anticipate no change in the availability of eagles for members 
of federally recognized Tribes as a result of this action. Nearly all 
eagle specimens for exhibition use are already in possession. Any eagle 
specimens newly acquired for exhibition use must be approved by the 
Repository as not suitable for Native American distribution. 
Documentation showing lawful acquisition and written authorization from 
the Repository for donation must accompany any newly acquired specimens 
before transfer to exhibition use.
    The Eagle Act (16 U.S.C. 668a) restricts authorization for 
scientific or exhibition purposes to ``public museums, scientific 
societies, and zoological parks.'' The Service uses a plain-English 
interpretation of ``museum'' and ``zoological park,'' by which a public 
museum is a building or place where objects are curated for and 
displayed to the public, and a zoological park is a place where living 
animals are kept in enclosures and displayed to the public. The Eagle 
Act's inclusion of the term ``scientific societies'' does not readily 
have a plain-English interpretation. Therefore, the Service adopts the 
following interpretation: A scientific society is any entity that, as 
part of its purpose, promotes public knowledge about science or 
conducts research and makes data and findings available to the public. 
Scientific societies may include government agencies, schools and 
universities, and nongovernmental organizations. Qualifying as a public 
museum, scientific society, or zoological park is only one of the 
criteria necessary to conduct eagle exhibition or eagle scientific 
collecting activities. We would continue to maintain appropriate 
standards for evaluating an entity's qualifications relative to the 
authorization requested.

Licensed Veterinarians Authorization (revised)

    A regulatory authorization authorizes licensed veterinarians to 
provide veterinary care of sick, injured, and orphaned migratory birds 
including eagles. We redesignate this regulation from Sec. Sec.  
21.12(c) to 21.22 and make the following revisions: (1) Edit the 
existing language to improve readability, (2) clarify what is included 
in veterinary care, and (3) clarify expectations regarding disposition 
of live and dead migratory birds. A Federal rehabilitation permit 
(Sec.  21.76) is required to conduct amputations and other procedures 
that could render a bird nonreleasable. A Federal rehabilitation permit 
is also required to determine if a sick, injured, or orphaned bird is 
nonreleasable, where nonreleasable means the bird is not suitable for 
release into the wild because of injury, being imprinted, or for other 
reasons determined by the Service.

Mortality Event Authorization (revised)

    Regulations currently authorize natural resource and public health 
agency employees to address avian disease outbreaks without a permit. 
We expand this authorization from

[[Page 107030]]

infectious disease outbreaks to include mortality events of suspected 
disease outbreaks because some mortality events (e.g., those caused by 
toxins or mass starvation) may have an unclear cause at the time of 
discovery and a timely response is necessary to ensure public safety 
until the cause of avian mortality can be determined.
    We redesignate this regulation from Sec. Sec.  21.12(b)(2) to 21.32 
and make revisions as follows. We clarify that the scope of this 
authorization includes all mortality events where infectious disease is 
a suspected cause. A mortality event is an unforeseen event that 
results in an unexpectedly high number of sick or dead birds in a 
particular location over a short period of time from a cause that 
appears to be biologically related. For example, multiple dead birds of 
taxonomically related species exhibiting similar clinical signs in a 
discrete geographic area over roughly the same time period. We adopt 
the U.S. Geological Survey, National Wildlife Health Center's 
interpretation of ``unexpectedly high'' as five or more individuals 
(see https://www.usgs.gov/centers/nwhc). The National Wildlife Health 
Center is the science lead in the Department of the Interior (DOI) on 
the detection, control, and prevention of wildlife disease in the 
United States. The primary use of this regulatory authorization is to 
respond to avian infectious disease outbreaks, such as avian influenza 
or West Nile virus. Timely response is necessary to identify the cause 
of the outbreak, contain its spread, and reduce exposure and potential 
infection of humans, livestock, other domestic animals, and wildlife.
    This authorization does not apply to mortality events due to causes 
that are not suspected as disease-related, such as collisions with 
infrastructure, fall-out due to circling lights, and other non-disease-
related mortality. The authorization also does not apply to the take of 
asymptomatic birds, including for activities such as disease 
monitoring. Instead, agencies conducting disease monitoring of 
asymptomatic birds should obtain a scientific collecting permit (Sec.  
21.73).

Natural Resource Agency Employees Authorization (new)

    With this regulation, the Service establishes a new regulatory 
authorization at Sec.  21.34 to salvage birds, use migratory bird 
specimens for educational programs, transport birds to medical care, 
and relocate birds in harm's way. These activities were previously 
authorized by special purpose permits (Sec.  21.95) issued to Service 
and State wildlife agency employees. This authorization facilitates 
Federal, State, Territorial, and federally recognized Tribal natural 
resource agency employees conducting routine activities involving birds 
and reduces the administrative burden of the permit process on the 
Service and other natural resource agencies. The regulatory 
authorization adopts the same conditions that the Service currently 
uses when issuing permits to employees of the Service and State 
wildlife agencies under the special-purpose permit regulations at Sec.  
21.95.
    This authorization extends the authorization at Sec.  21.76 for 
transporting birds to medical care by authorizing possession of sick, 
injured, or orphaned birds by natural resource employees, when 
necessary and humane, for up to 72 hours or to humanely euthanize birds 
if necessary. Natural resource agency employees are often in remote 
areas and are in the best position to provide humane care, without 
increasing bird stress by transporting long distances. Consistent with 
current permit conditions, this regulatory revision would authorize the 
salvage of birds and relocation when birds or humans are at risk.

Law Enforcement Authorization (revised)

    Current regulations authorize DOI law enforcement personnel to 
conduct certain activities without a permit. We redesignate this 
regulation from Sec. Sec.  21.12(a) to 21.40 and clarify that this 
authorization pertains to all law enforcement agencies authorized to 
enforce laws consistent with the MBTA or the Eagle Act. This 
authorization will be limited to personnel performing official law 
enforcement duties. Under this regulation, we also allow law 
enforcement agents to temporarily designate authority to another 
individual to acquire, possess, transport, or dispose of migratory 
birds on behalf of law enforcement in certain circumstances--for 
example, to pick up and dispose of a deceased bird in a remote area. 
This temporary designation should be recorded in writing by the law 
enforcement agent delegating the authority. The document must record 
the name and contact information of both the individual authorized and 
the authorizing agent as well as the dates authorized and clearly 
explain the extent of the actions the individual is authorized to 
perform.

Humane and Healthful Conditions Definition

    Regulations at 50 CFR 13.41 currently require that any live 
wildlife must be possessed under ``humane and healthful conditions.'' 
Under this rule, we add a definition to the Definitions sections for 50 
CFR parts 21 and 22 (at Sec. Sec.  21.6 and 22.6) to define ``humane 
and healthful conditions'' as the phrase applies to the possession of 
live migratory birds and live bald eagles and golden eagles. The 
definition is identical for both part 21 and part 22 and includes both 
temporary (e.g., trap-release activities) and long-term (e.g., 
rehabilitation or exhibition activities) possession. The definition 
also clarifies that humane and healthful conditions include all aspects 
of possession and care, such as handling, housing, feeding, watering, 
sanitation, ventilation, shelter, protection from predators and vermin, 
enrichment, veterinary care, and euthanasia.

Rehabilitation Regulations

    We remove the reference at Sec.  21.76(e)(1) to the Minimum 
Standards for Wildlife Rehabilitation (2000) as guidelines for 
evaluating the adequacy of caging dimensions. The National Wildlife 
Rehabilitators Association and International Wildlife Rehabilitation 
Council recently published an updated Standards for Wildlife 
Rehabilitation (2021). The Service considered proposing to amend the 
regulation at Sec.  21.76(e)(1) to reference the updated edition. 
Instead, we will apply the Service's Migratory Bird Permit Memorandum: 
Evaluating Humane and Healthful Conditions at Rehabilitation Facilities 
(MBPM-12). Consistent with MBPM-12, the Service will use the most 
current edition of Standards for Wildlife Rehabilitation as the 
Service's approved guidance document for evaluating humane and 
healthful conditions at rehabilitation facilities. Applicants should 
review the rehabilitation permit application form and application FAQ 
for the most current Service approved guidance.

Airborne Hunting Act Regulations

    We amend the regulations at 50 CFR part 19 to authorize any person 
to hunt, shoot, or harass migratory birds under the Airborne Hunting 
Act (AHA) using any appropriate part 21 or part 22 permit. While the 
harassment, as defined in 50 CFR 19.4, of migratory birds alone does 
not otherwise require authorization under the MBTA, the AHA clearly 
prohibits the use of any aircraft to harass any wildlife, including 
migratory birds (Sec.  19.11), necessitating the need to issue a permit 
to authorize the harassment of migratory birds with aircraft. Service 
regulations previously limited the issuance of Federal permits 
authorizing any person to hunt, shoot, or harass any wildlife from an 
aircraft,

[[Page 107031]]

to migratory bird depredation permits issued under 50 CFR 21.100.
    The Service removes this limitation and will use the most 
appropriate permit type for the purpose of the activity requested; for 
example, scientific-collecting permits (Sec.  21.73) for research. AHA 
authorization may also be added to other permit types, including for 
utility or communication tower purposes under special purpose utility 
permits (Sec.  21.95) or for eagle harassment associated with 
monitoring using aircraft with eagle incidental take permits (Sec.  
22.250 or Sec.  22.260, respectively); preconstruction surveys 
conducted by Federal or State employees will continue to be authorized 
under Sec.  19.12(1).
    The Service considers aircraft operating at minimum safe altitudes, 
as defined in 14 CFR 91.119(a), (b), or (c) at or above 500 feet above 
the surface, unlikely to harass migratory birds. Aircraft operating 
closer than 500 feet above the surface at any time under 14 CFR 
91.119(c) or (d), or operating under a waiver of 14 CFR 91.119, should 
consider whether migratory bird harassment may occur and, if so, obtain 
authorization under AHA regulations if an AHA exception (16 U.S.C. 
742j-1(b)(1)) does not apply. Unmanned aircraft systems (UAS or 
``drones'') are classified and regulated as ``aircraft'' by the FAA, by 
definition, as ``a device that is used or intended to be used for 
flight in the air'' (14 CFR 1.1). The DOI Office of Aviation Services 
follows the FAA definition (Operational Procedures Memorandum 11). UAS 
used for commercial operations are regulated under 14 CFR part 107. 
Recreational use of UAS is regulated under 49 U.S.C. 44809. Pilots of 
UAS who plan to fly less than 400 feet above ground level should 
consider whether migratory bird harassment may occur and, if so, obtain 
authorization under the AHA if an AHA exception does not apply.
    The regulatory revisions to 50 CFR 19.21 authorize new and emerging 
uses of aircraft, including UAS, which is consistent with the AHA's 
exception for permits that authorize ``administration or protection of 
land, water, wildlife, livestock, domesticated animals, human life, or 
crops'' (16 U.S.C. 742j-1(b)(1)).

Disqualifying Factors

    The Service adds disqualifying factors at Sec.  21.5 and Sec.  
22.5. The regulations at 50 CFR part 13 describe general permit 
procedures, including issuance of permits (Sec.  13.21), and the 
factors that disqualify a person from receiving a permit. These factors 
include conviction of a felony violation of the MBTA or Eagle Act, 
prior revocation of permits for certain reasons, failure to pay fees 
and fines, and failure to submit reports.
    For legal purposes, the Service considers regulatory authorizations 
to constitute a permit as defined in 50 CFR 10.12. The definition of 
``permit'' refers to a ``document.'' We interpret the term ``document'' 
to include a regulation such as this final rule, which describes, 
authorizes, and limits regulated activities and is signed by an 
authorized official--the DOI Assistant Secretary of Fish and Wildlife 
and Parks.
    Therefore, to clarify that the disqualifying factors for permits 
also apply to regulatory authorizations, we add Sec. Sec.  21.5 and 
22.5, which adopt the part 13 disqualifying factors for all activities 
authorized by regulation or permit under parts 21 and 22. The text is 
adapted from Sec.  13.21(c) to improve readability and clarify 
requirements.

Editorial Corrections

    Because we redesignated the regulatory authorizations to new CFR 
sections, we correct cross-references to these sections in other parts 
of our regulations. Affected sections include rehabilitation permits 
(Sec.  21.76), falconry standards and falconry permitting (Sec.  
21.82), raptor propagation permitting (Sec.  21.85), and eagle 
scientific and exhibition permits (Sec.  22.50). In this rulemaking, we 
are not making any changes to the falconry regulations or raptor 
propagation regulations beyond updating regulation references. These 
updates are administrative in nature; they do not change the species 
protected by the regulations or the permit requirements or any other 
requirements of the MBTA or its implementing regulations. We also 
update the address in the application procedures of banding or marking 
permits (Sec.  21.70) to reflect that the Bird Banding Lab is part of 
the U.S. Geological Survey and not the Service.

Summary of Changes From the Proposed Rule

    Based on comments we received on the proposed rule (88 FR 35809, 
June 1, 2023), we made changes to the proposed regulations as set forth 
in the final regulations in this document. In general, changes included 
clarifying updates in response to the public comments received and 
nonsubstantive edits to improve readability. The following is a summary 
of the changes made between the proposed rule and this final rule:
    1. Airborne Hunting Act--We added a clause to proposed Sec.  19.21 
to clarify that we will issue the appropriate part 21 or part 22 permit 
based on the purpose of the take or the activity being conducted.
    2. Scope of regulations--We reformatted Sec.  21.4 to improve 
readability and to easily identify the headings of the listed 
regulations.
    3. Disqualifying factors--To clarify that the disqualifying factors 
set forth in 50 CFR part 13 also apply to regulatory authorizations, we 
had proposed new regulations at Sec. Sec.  21.5 and 22.5 to adopt the 
factors set forth in part 13. After further review, we have revised the 
proposed language for Sec. Sec.  21.5 and 22.5 to improve clarity.
    4. Birds in buildings authorization--To reduce confusion regarding 
what types of structures and under what circumstances birds can be 
removed from buildings, we added clarifying language to proposed Sec.  
21.14.
    5. Salvage authorization--We reorganized proposed Sec.  21.16 to 
improve readability. We also clarified that this authorization is not 
intended for individuals actively searching for dead birds, such as for 
scientific research. Additionally, we added that any person who 
salvages eagles may turn in the specimens to a Federal, Tribal, or 
State wildlife agency as an alternative to contacting the National 
Eagle Repository.
    6. Exhibition use of specimens, including eagle specimens, 
authorization--In Sec.  21.18, we further clarified what entities 
qualify as ``public'' to avoid unintended restrictions regarding who 
qualifies under this regulatory authorization.
    To clarify how pre-MBTA specimens may be displayed, we added a 
reference to Sec.  21.4(a) to Sec.  21.18, and to clarify how pre-Eagle 
Act specimens may be displayed, we added a reference to Sec.  22.4(a) 
to Sec.  22.15. We also added a recordkeeping requirement to document 
how entities meet the eligibility criteria for this authorization.
    7. Licensed veterinarian authorization--We had proposed to move the 
authorization pertaining to licensed veterinarians to Sec.  21.20; 
however, in this final rule, we are placing this authorization at Sec.  
21.22 to allow for a future rule to set forth a different provision at 
Sec.  21.20. In Sec.  21.22, we added a recommendation that a licensed 
veterinarian contact a federally permitted migratory bird rehabilitator 
when needing assistance in determining whether birds are suitable for 
release and suitable release locations when releasing birds in the 
first 24 hours. We also added language to clarify that a determination 
of nonreleasable status may only be determined by the holder of a 
rehabilitation permit.
    8. Mortality event authorization--In Sec.  21.32, we added examples 
to further clarify what we consider to be a

[[Page 107032]]

qualified mortality event. We also added instructions for who to 
contact when a mortality event involves eagles.
    9. Natural resource agency employees authorization--In Sec.  21.34, 
we clarified recordkeeping requirements to confirm that keeping records 
of salvaged birds is not required under this regulation.
    10. Banding or marking permits--We revised Sec.  21.70 to correct 
an incorrect address that we discovered after publishing the proposed 
rule.
    11. Rehabilitation permits--In Sec.  21.76, we clarified that 
Service approved guidance will be used to evaluate rehabilitation 
facilities.
    12. For consistency throughout the rule, where we used the term 
``remains,'' we replaced it with ``specimens'' where appropriate, and 
where we used the term ``institution,'' we replaced it with ``entity'' 
where appropriate.
    13. Finally, we revised the heading for part 21, subpart B, from 
``Exceptions to Permit Requirements'' to ``Regulatory Authorizations 
for Migratory Birds'' and the heading for part 22, subpart B, from 
``Exceptions to Permit Requirements'' to ``Regulatory Authorizations 
for Eagles'' to better reflect the contents of the revised subparts. We 
also revised the headings of new sections being added to part 21, 
subpart B, to conform style with the current section headings in that 
subpart and to distinguish clearly between sections pertaining to 
regulatory authorizations and sections pertaining to permit exceptions.

Response to Public Comments

    The Service received 12 unique letters, which contained 59 distinct 
comments, on the proposed rule. The following section contains the 
substantive public comments we received on the proposed rule and our 
responses. Where appropriate, we explain why we did or did not 
incorporate the changes suggested by the commenters into this final 
rule. Not included are the many comments providing general support for 
provisions of the rulemaking. Likewise, we do not include summaries of 
any comments providing general opposition, unless they contain 
suggestions for improvement. We also do not respond to comments that we 
considered to be outside the scope of this rulemaking.

Birds in Buildings

    Comment. Clarify what is considered ``human-occupied.''
    Response. The Service agrees that this term created confusion. We 
have revised the regulatory text to explain that ``human-occupied'' 
means a building or structure where people live or work.
    Comment. Clarify who is allowed to remove migratory birds from a 
building because the text as proposed could mean any person at any time 
for any reason.
    Response. The regulation allows any person to remove birds or nests 
from the interior of a building or structure where people live or work, 
but only when the presence of migratory birds is preventing the normal 
use of the interior of the building or the structure, including causing 
a health or safety risk to humans or birds, damage to property such as 
foodstuffs or products for sale, or if the bird may become injured 
because it is trapped. The Service added examples to Sec.  21.14 to 
further clarify purpose and scope. This provision does not authorize 
possession of or incubating eggs. As stated in Sec.  21.14(b)(3), eggs 
or nestlings must be transported to a federally permitted migratory 
bird rehabilitator or humanely destroyed or euthanized by following the 
American Veterinary Medical Association Guidelines for the Euthanasia 
of Animals.
    Comment. How should the public locate a federally permitted 
rehabilitator?
    Response: The Service maintains a map of federally permitted 
migratory bird rehabilitators. This map can be found by visiting the 
migratory bird permits web page (https://www.fws.gov/program/migratory-bird-permits/living-around-birds) or the Service's arcgis web page 
(https://fws.maps.arcgis.com/) and selecting ``Find a Migratory Bird 
Rehab Facility.''
    Comment. How can the public access the proper guidelines for 
euthanasia and the drugs or equipment necessary?
    Response. The American Veterinary Medical Association Guidelines 
for the Euthanasia of Animals is readily available online at https://www.avma.org/resources-tools/avma-policies/avma-guidelines-euthanasia-animals with free public access.
    Comment. The Service should consider developing a voluntary self-
reporting tool for birds removed under the birds-in-buildings 
authorization.
    Response. The Service recognizes the value in information relating 
to the take of migratory birds; however, we must also balance the value 
of information collection with the time and cost burden of that 
collection. We are revising an existing regulation that did not 
previously have a reporting requirement, and we did not propose a new 
reporting requirement. As the Service continues to develop the 
technology for easy, online reporting, we may consider changing our 
approach in the future.

Salvage Authorization

    Comment. Members of the public should consult with the Service or 
appropriate State agencies prior to disposal of dead migratory birds if 
high mortalities are encountered.
    Response. As stated in Sec.  21.16(f), any person salvaging birds 
must notify the Service Office of Law Enforcement if five or more birds 
are found dead.
    Comment. The Service should continue to require permits for large-
scale salvage operations at commercial facilities, including 
standardized specimen trials conducted at wind and solar energy 
facilities.
    Response. The Service agrees. Large-scale salvage operations that 
would require possession of migratory bird specimens do not qualify 
under Sec.  21.16. This authorization does not apply to any person who 
is conducting research and salvaging birds for the purposes of 
scientific research. The Service continues to require a scientific 
collecting permit (Sec.  21.73) for research activities, especially if 
samples will be collected from those salvaged birds. The Service will 
continue to authorize salvage for utility purposes with a special-
purpose utility permit (Sec.  21.95) for migratory birds found dead on 
utility property, structures, and rights-of-way.
    Comment. This rule could allow anyone to pick up birds, eggs, and 
nests for any reason or kill birds for feathers with no oversight by 
the Service.
    Response. Nothing in this rulemaking allows birds to be killed for 
feathers. While anyone can salvage dead birds, nonviable eggs, and 
inactive nests, they must be promptly donated and not retained in 
possession. All salvaged migratory bird specimens must either be 
donated to a person or institution authorized to receive them under a 
valid permit or regulatory authorization or disposed of by destroying 
the specimens. The Service has long been authorizing these activities, 
which have straightforward eligibility criteria and standardized permit 
conditions, making them appropriate for a regulatory authorization. The 
Service will continue to monitor legal activities and take enforcement 
action on illegal activities.
    Comment. Define ``promptly disposed of.''
    Response. The regulation at Sec.  21.16(a)(1) states that all 
salvaged specimens must be disposed of within 7 calendar days. We added 
language to Sec.  21.16(b)(3) and (c)(3) stating ``unless directed 
otherwise by the Service'' to cover situations with extenuating 
circumstances.
    Comment. The Service should develop a list of institutions willing 
to

[[Page 107033]]

accept salvaged bird specimens and make it available online.
    Response. At this time, we are unable to post a comprehensive list 
of those entities authorized to receive donated birds; however, the 
regional Migratory Bird Permit Offices can respond to inquiries from 
the donors or the recipients to assist with determining eligibility.
    Comment. Does the regulatory authorization apply to regular salvage 
of birds?
    Response. This authorization does not apply to any person who is 
salvaging birds for the purposes of scientific research. The Service 
continues to require a scientific collecting permit (Sec.  21.73) for 
research activities, which also provides authorization for any samples 
collected from those salvaged birds. The Service will continue to 
authorize salvage for utility purposes with a special-purpose utility 
permit (Sec.  21.95) for migratory birds found dead on or near utility 
property, infrastructure, or rights-of-way. The Service reserves the 
right to notify any person that a permit is required to salvage 
migratory birds for purposes beyond the scope of this regulatory 
authorization.
    Comment. Does ``any person'' include a company or other entity?
    Response. In Sec.  10.12, the Service defines ``person'' to mean 
any individual, firm, corporation, association, partnership, club, or 
private body, any one or all, as the context requires. The use of ``any 
person'' in the regulations in this final rule aligns with the 
regulatory definition of ``person.''

Exhibition Use of Specimens Authorization

    Comment. There should not be an annual reporting requirement for 
educational use of specimens under Sec.  21.18.
    Response. The Service did not propose an annual reporting 
requirement. The proposed and final rules require that records be 
maintained and be available upon request as outlined in Sec.  21.18(g).
    Comment. This rule removes Service oversight and control over the 
collection, keeping, transferring, and displaying of migratory birds, 
which could be misused and exploited.
    Response. The regulations pertain to the exhibition use of 
migratory bird specimens. The Service did not propose nor does this 
rule change any requirements regarding collection or take of live birds 
from the wild. As with any regulation, there is the potential for 
misuse or exploitation. Restricting possession under this regulatory 
authorization to government agencies and nonprofit organizations limits 
that potential and is a minimal extension beyond what was previously 
authorized under Sec.  21.12(b)(2).
    Comment. Is the Service proposing a new definition of ``public''?
    Response. The Service is not proposing a change to the definition 
of ``public'' in Sec.  10.12. We are applying the current definition to 
the regulations in this rule.
    Comment. Clarify what eliminating the general authorization to 
possess live birds means for exempt facilities.
    Response. Any entity currently operating under Sec.  21.12(b)(1) 
may continue activities currently authorized by the regulatory 
authorization until the Service finalizes a rulemaking regarding the 
exhibition of live migratory birds and eagles for educational purposes 
(RIN 1018-BF58). Once the educational use rulemaking is finalized, 
those entities would need to comply with the new regulations. See 
discussion of this issue above under ``This Rulemaking'' and Public 
Institutions--Exhibition Use of Specimens Authorization (revised).

Exhibition Use of Eagle Specimens Authorization

    Comment. Natural resource agencies should be included in the list 
of entities that may possess eagle specimens for exhibition and 
educational purposes instead of relying on the interpretation that 
these agencies are covered as ``public scientific societies.''
    Response. The Eagle Act (16 U.S.C. 668a) restricts possession to 
public museums, zoological parks, and scientific societies. The Service 
cannot revise the statutory language. We interpret a ``scientific 
society'' to include any entity that, as part of its purpose, promotes 
public knowledge about science or conducts research and makes data and 
findings available to the public; thus, the term includes government 
agencies as well as public schools and universities and certain 
nongovernmental organizations.
    Comment. Can the Service make it easier and more efficient for 
agencies and the general public to provide eagle specimens to the 
National Eagle Repository and clarify who makes the determination that 
an eagle specimen is not suitable for Native American distribution?
    Response. This rule provides the authority for agencies and the 
public to salvage and ship eagle specimens to the National Eagle 
Repository without first obtaining a permit. The Repository provides 
instructions for obtaining a pre-paid shipping label and shipping boxes 
on their website. The Repository determines if eagles, parts, or 
feathers are suitable for distribution. If determined unsuitable by the 
Repository, eagles, parts, or feathers may be donated for scientific or 
exhibition purposes or completely destroyed. The Repository should be 
contacted directly with questions regarding suitability for 
distribution.

Licensed Veterinarian Authorization

    Comment. Prior consultation with an avian veterinarian or migratory 
bird rehabilitator should be required before providing veterinary care 
authorized under this part.
    Response. The Service agrees that birds should get the best 
possible care. Trained avian veterinarians and migratory bird 
rehabilitators have the most training to provide quality care. However, 
individuals with these skills are not available in all areas. In these 
situations, licensed veterinarians are best positioned to provide care. 
The Service currently authorizes licensed veterinarians to conduct 
these activities and will continue to do so.
    Comment. Unless a veterinarian possesses a rehabilitation permit, a 
veterinarian may not have the background to properly evaluate whether a 
bird is medically and behaviorally healthy enough for release or to 
determine suitable habitat for each species.
    Response. The Service agrees that not all veterinarians have the 
background and training to make these determinations. The Service 
restricts disposition in most cases to either euthanasia or transfer to 
a rehabilitator. Veterinarians occasionally receive birds that require 
only a short period of rest prior to being suitable for release (e.g., 
mild collisions with windows or vehicles). Transport of these birds to 
a rehabilitation facility may decrease survivability. We are trusting 
the professionalism of licensed veterinarians to seek assistance if a 
situation is outside the scope of their professional skill. We have 
added language in Sec.  21.22 recommending that veterinarians contact a 
federally permitted migratory bird rehabilitator or their regional 
Migratory Bird Permit Office for assistance with determining whether a 
bird is suitable for release or determining suitable habitat for 
release, if necessary.
    Comment. The rule is contradictory in stating that veterinarians 
cannot determine whether a bird is nonreleasable while, at the same 
time, prohibiting release of a bird held in care for longer than 24 
hours, thus making the bird nonreleasable.

[[Page 107034]]

    Response. Holding a bird in care longer than 24 hours does not make 
the bird nonreleasable. The regulations require only transfer of the 
bird to a federally permitted migratory bird rehabilitator to assess 
its condition, including determining releasability, within that 
timeframe.
    Comment. The following statement in the proposed rule is ambiguous: 
``Within 48 hours after hospitalization is no longer required, live 
migratory birds must be transferred to a federally permitted migratory 
bird rehabilitator.''
    Response. The Service clarified the language as follows: ``After 
hospitalization is no longer required, within 48 hours, live migratory 
birds must be transferred to a federally permitted migratory bird 
rehabilitator.''

Airborne Hunting Act

    Comment. Clarify how unmanned aircraft systems (UAS) can be used 
for harassment but not authorized as a method of take (e.g., killing a 
bird or contributing to the loss of a nest or young).
    Response. The AHA requires authorization to hunt, shoot, or harass 
wildlife from aircraft, including UAS. The MBTA prohibits the take of 
migratory birds. This includes the killing of adult birds as well as 
conducting activities that result in the death, injury, or orphaning of 
eggs or chicks, such as keeping adults away from a nest resulting in 
nest abandonment or nest failure. The Service can issue permits for the 
take of migratory birds under the MBTA and the harassment of migratory 
birds under the AHA. The Service can also issue a permit for an 
aircraft or UAS to be an authorized method of take or harassment, 
provided that the take or harassment is humane and consistent with both 
the MBTA and AHA.
    UAS are an emerging technology, and we do not want to unduly 
restrict technological advances and their application to migratory bird 
monitoring and research or human or wildlife health and safety. Any 
request to take birds using UAS would be evaluated through the permit 
application process, to ensure it is humane and the best available 
alternative that is consistent with the conservation of migratory 
birds. For example, the use of UAS has been explored as a method to 
addle eggs (which is a form of take) in nests on infrastructure that 
are creating a wildfire risk. With appropriate safeguards, this method 
poses minimal risk to human safety and adult birds.
    Comment. Include Sec. Sec.  21.41 and 21.23 as options for 
authorizing the use of UAS under Sec.  19.21.
    Response. The Service agrees that the AHA regulations should 
provide for more permit options under these regulations. Because of the 
emerging nature of UAS, the Service decided not to restrict 
authorization to any particular permit type and instead to allow use of 
the most appropriate regulation and permit under part 21 or part 22, 
which would include both permitting examples included in this comment. 
This provision will allow us to be as flexible as possible and use the 
most-appropriate permit type available.
    Comment. If a State issues a permit pursuant to subpart D of the 
part 19 regulations, no Federal permit should be required.
    Response. The Service has not revised the provision at Sec.  
19.31(a) that provides for the State to issue a permit for airborne 
hunting or harassing of wildlife. A Federal migratory bird permit would 
not be required for the harassment of migratory birds if someone holds 
a valid State permit that complies with the AHA. However, additional 
Federal permits may be required to hunt or otherwise take migratory 
birds.
    Comment. The Service should develop a new regulatory authorization 
to allow the use of drones in nest surveys.
    Response. The Service considered a regulatory authorization for 
specific uses of UAS that are unlikely to harass migratory birds. 
However, because of the emerging nature of UAS, continuing to authorize 
these activities by permit will ensure proposed activities are 
evaluated through the permit application process, to ensure the 
activities adopt a humane approach that is the best available 
alternative consistent with the conservation of migratory birds.

Definitions

    Comment. One commenter appreciated the inclusion of a definition 
for ``humane and healthful conditions'' but cautioned against using 
subjective terms such as ``fear,'' ``pain,'' and ``suffering'' as these 
terms may make it difficult to enforce this provision and recommended 
relying more heavily on ``stress'' as a physiological condition.
    Response. We recognize that these terms are subjective in nature. 
Stress is a physiological condition; however, it is still largely 
interpreted by demonstrated physical behaviors in most settings. 
Responses vary among birds, so observing for a variety of other 
indicators such as fear, pain, and suffering is appropriate. Those in 
possession of live birds should use the best available information when 
assessing the condition of a bird.
    Comment. The regulations should state that the U.S. Department of 
Agriculture (USDA) is the primary regulator of animal welfare.
    Response. The Service's regulations in Sec.  13.41 require that 
wildlife in care be housed in humane and healthful conditions. The 
Service is using the regulations in this rule to clarify what humane 
and healthful conditions means in the context of the activities 
authorized in part 21 and part 22. This definition was developed in 
coordination with USDA Animal Care.

Effective Date

    The Administrative Procedure Act at 5 U.S.C. 553(d)(1) allows 
Federal agencies to make a rule effective in less than 30 days if the 
rule is a substantive rule that grants or recognizes an exemption or 
relieves a restriction. We are making this rule effective upon 
publication in the Federal Register because this rule relieves 
restrictions on current permit holders. This rule is deregulatory in 
nature because it replaces existing permit requirements with regulatory 
authorizations that do not require a permit. Therefore, existing permit 
holders will not need to renew their permits, and affected entities 
will not need to obtain new permits.
    We further have good cause under 5 U.S.C. 553(d)(3) to make this 
rule effective upon publication in the Federal Register as renewals for 
these permit types begin in January. This rulemaking action will 
eliminate about 1,800 permits, with resulting considerable cost savings 
of time and money to both permit holders and the Federal Government. 
Delaying the effective date by 30 days would lead to unnecessary costs 
and efforts for permit holders, most of who prepare and submit renewal 
applications and fees with their annual report, which are due in 
January. It would also hinder the efficiency of migratory bird 
conservation efforts, as staff would need to process refunds and return 
applications.

Required Determinations

Regulatory Planning and Review (Executive Orders 12866, 13563, and 
14094)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. OIRA has 
determined that this rulemaking action is not significant.
    Executive Order (E.O.) 14094 reaffirms the principles of E.O. 12866 
and E.O 13563 and states that regulatory

[[Page 107035]]

analysis should facilitate agency efforts to develop regulations that 
serve the public interest, advance statutory objectives, and are 
consistent with E.O. 12866 and E.O. 13563. Regulatory analysis, as 
practicable and appropriate, shall recognize distributive impacts and 
equity, to the extent permitted by law. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

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. 104121)), 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 that describes the effect of the rule on small businesses, 
small organizations, and small government jurisdictions. However, no 
regulatory flexibility analysis 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 determined that this action will not have an 
economic impact on any small entities. This rule is deregulatory in 
nature. It would expand the scope of current regulatory authorizations 
as well as eliminate current permits by creating new authorizations. 
Thus, we certify that this rule will not have a significant economic 
impact on a substantial number of small entities.
    This is not a major rule under SBREFA (5 U.S.C. 804(2)). This rule 
will not have an annual effect on the economy of $100 million or more; 
will not cause a major increase in costs or prices for consumers, 
individual industries, or Federal, Tribal, State, Territorial, or local 
government agencies, or geographic regions; and 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.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    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. A small government agency plan is not required. The 
regulatory revisions will not affect small government activities in any 
significant way.
    b. This rule will not produce a Federal mandate of $100 million or 
greater in any year. Therefore, it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act.

Takings (E.O. 12630)

    In accordance with E.O. 12630, the rule will not have significant 
takings implications. This rule does not contain a provision for taking 
of private property, so a takings implication assessment is not 
required. This rule is deregulatory in nature. It expands the scope of 
current authorizations as well as eliminates current permits by 
creating new authorizations.

Federalism (E.O. 13132)

    This rule does not have sufficient federalism effects to warrant 
preparation of a federalism summary impact statement under E.O. 13132. 
It will not interfere with the States' abilities to manage themselves 
or their funds. No significant economic impacts are expected to result 
from the regulations changes.

Civil Justice Reform (E.O. 12988)

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

Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

    This rule contains new information collections. All information 
collections require approval by the OMB under the Paperwork Reduction 
Act of 1995 (PRA; 44 U.S.C. 3501 et seq.). We may not conduct or 
sponsor, and you are not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. We 
will ask OMB to review and approve the information collection 
requirements contained in this rulemaking related to permit 
applications, reports, and related information collections under the 
MBTA.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, and in accordance with 5 CFR 1320.8(d)(1), we invite the 
public and other Federal agencies to comment on any aspect of this 
information collection, including:
    (1) Whether or not the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information, including the validity of the methodology and 
assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of response.
    Comments that you submit in response to this rulemaking are a 
matter of public record. Before including your address, phone number, 
email address, or other personal identifying information in your 
comment, you should be aware that your entire comment--including your 
personal identifying information--may be made publicly available at any 
time. While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.
    The information that we collect to determine eligibility to possess 
migratory birds and eagles by the general public, educators, and 
government agencies is the minimum necessary for us to determine if the 
applicant meets/continues to meet issuance requirements for the 
particular activity under the MBTA and Eagle Act. The new information 
collection requirements identified below require approval by OMB:
    1. Written Petitions--Request for Waiver from Disqualification (50 
CFR 21.5)--A conviction, or entry of a plea of guilty or nolo 
contendere, for a felony violation of the Lacey Act (16 U.S.C. 42, as 
amended), the Migratory Bird Treaty Act (16 U.S.C. 703-712), or the 
Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) disqualifies 
any such person from exercising the authorization granted by regulation 
or permit under part 21, unless such disqualification has been 
expressly waived by the Director in response to a written petition. 
This

[[Page 107036]]

disqualification is lifted when the required reports are submitted 
unless the Service notifies the person in writing of permanent 
disqualification due to repeated or extended failure to meet reporting 
requirements.
    2. Obtaining Landowner Permission to Access Land (50 CFR 21.16)--
The regulations in that section authorize salvage activities and 
provide an exception to permit requirements for these activities. Any 
person may salvage migratory bird specimens under the conditions set 
forth in that section of the regulations. Specimens include whole birds 
found dead, parts, feathers, inactive nests, and nonviable eggs. This 
authorization does not apply to live birds, viable eggs, or in-use 
nests. This authorization does not grant land access. Authorized 
individuals requiring access are responsible for obtaining permission 
from landowners when necessary and for complying with other applicable 
laws. This authorization is not intended for individuals actively 
searching for dead birds, such as for scientific research.
    3. 3rd Party Notifications--National Eagle Repository (50 CFR 
21.16)--The National Eagle Repository (Repository) is responsible for 
determining whether salvaged eagle remains must be sent to the 
Repository or distributed to others. Eagle specimens include a whole 
bald eagle or golden eagle (eagle), part of an eagle (e.g., wing or 
tail), or feathers. Authorized individuals who salvage eagle specimens 
must immediately contact the Repository and follow the Repository's 
instructions on transferring the eagle, parts, or feathers to the 
Repository.
    4. 3rd Party Notifications--Transfer of Live Migratory Birds (50 
CFR 21.22)--The regulations in that section authorize any person who 
finds a sick, injured, or orphaned migratory bird, including bald 
eagles and golden eagles, to take possession of the bird for immediate 
transport to a licensed veterinarian or federally permitted migratory 
bird rehabilitator. Within 48 hours after hospitalization is no longer 
required, live migratory birds must be transferred to a federally 
permitted migratory bird rehabilitator. If unable to transfer a bird 
within that time, authorized individuals must contact their regional 
migratory bird permit office for assistance in locating a permitted 
migratory bird rehabilitator, authorization to continue care, or a 
recommendation to euthanize the bird.
    5. 3rd Party Notifications--Endangered and Threatened Wildlife (50 
CFR 21.22)--Licensed veterinarians must notify the appropriate 
Ecological Services Office within 24 hours of receiving a migratory 
bird that is also on the List of Endangered and Threatened Wildlife (50 
CFR 17.11).
    6. Requests for Written Authorization--National Eagle Repository 
(50 CFR 22.15)--The regulations in that section authorize public 
museums, public scientific societies, and public zoological parks to 
possess lawfully acquired eagle specimens, including whole bird 
specimens, parts, feathers, inactive nests, and nonviable eggs, for 
conservation education purposes. Bald eagle and golden eagle specimens 
must be acquired from persons authorized by permit or regulatory 
authorization to possess and donate them. Authorized individuals are 
responsible for ensuring specimens were legally acquired. Eagle 
specimens salvaged after January 30, 2025 must have written 
authorization from the National Eagle Repository for exhibition use.
    7. Agency Designation Letter (50 CFR 21.34)--The regulations in 
that section authorize employees of Federal, State, Territorial, and 
federally recognized Tribal natural resource agencies to conduct the 
following activities while performing their official duties without a 
permit: salvage, exhibition use, transport, and relocation. Individuals 
under the direct supervision of an agency employee (e.g., volunteers or 
agents under contract to the agency) may, within the scope of their 
official duties, conduct the activities authorized by this 
authorization. An authorized individual must have a designation letter 
from the agency describing the activities that may be conducted by the 
individual and any date and location restrictions that apply.
    8. Law Enforcement Authorization (50 CFR 21.40)--The regulations in 
that section authorize law enforcement personnel who enforce provisions 
of the MBTA or Eagle Act to take, acquire, possess, transport, and 
dispose of migratory birds, whether alive or dead, including their 
parts, nests, or eggs, while performing official duties and without a 
permit. Law enforcement personnel may designate non-law-enforcement 
personnel to acquire, possess, transport, or dispose of migratory birds 
on the behalf of law enforcement under this authorization. This 
designation includes recording the name and contact information of the 
individual designated, dates valid, activities authorized, and name and 
contact information of the authorizing agent.
    9. 3rd Party Notifications--Federally Permitted Rehabilitator (50 
CFR 21.14, 21.34)--Authorized individuals must immediately contact a 
federally permitted migratory bird rehabilitator and follow the 
rehabilitator's instructions when:
    a. Sec.  21.14--Any birds removed by trapping must be immediately 
released to the wild in a humane and healthful manner. However, for any 
bird that becomes exhausted, ill, injured, or orphaned, the authorized 
individual must immediately contact a federally permitted migratory 
bird rehabilitator and follow the rehabilitator's instructions.
    b. Sec.  21.14--Authorized individuals may remove nests, eggs, and 
nestlings from the interior of a human-occupied building or structure. 
They are encouraged to seek the assistance of a federally permitted 
migratory bird rehabilitator or their regional Migratory Bird Permit 
Office prior to removing eggs or nestlings.
    c. Sec.  21.34--Natural resource agency employees may transport 
sick, injured, or orphaned birds in accordance with Sec.  21.76(a). If 
transport is not feasible within 24 hours, they must follow the 
instructions of a federally permitted migratory bird rehabilitator to 
provide supportive care, retain in an appropriate enclosure for up to 
72 hours, or euthanize the birds.
    10. Tagging Requirements (50 CFR 21.16, 21.18, 22.15)--Several 
regulations in this rulemaking require authorized individuals to tag 
specimens for identification:
    a. Sec.  21.16--Specimens intended for donation with the species, 
date, location of salvage, and the name and contact information of the 
person who salvaged the specimen. The tag must remain with the 
specimen.
    b. Sec.  21.18--Each migratory bird specimen must remain tagged 
with the species, date, location, name of the donor, and donor's 
authorization for acquisition. Specimen tags may be temporarily removed 
during educational programs.
    c. Sec.  22.15--Each eagle specimen must remain tagged with the 
species, date, location, name of the donor, and the donor's 
authorization for acquisition. Specimen tags may be temporarily removed 
during educational programs.
    11. Law Enforcement Notifications (50 CFR 21.16, 21.32)--Several 
regulations in this rulemaking require authorized individuals to notify 
the Office of Law Enforcement if illegal activity is suspected:
    a. Sec.  21.16--Authorized individuals must notify the Service 
Office of Law Enforcement prior to salvaging the birds if they suspect 
birds were purposefully illegally killed or if five or more birds are 
found dead.

[[Page 107037]]

    b. Sec.  21.32--Authorized individuals investigating mortality 
events must notify the Service Office of Law Enforcement if illegal 
activity is suspected.
    12. Verification of Legal Acquisition (50 CFR 21.18, 22.15)--
Several regulations in this rulemaking require authorized individuals 
to verify that specimens were obtained legally:
    a. Sec.  21.18--Migratory bird specimens must be acquired from 
persons authorized by permit or regulatory authorization to possess and 
donate them. Authorized individuals are responsible for ensuring 
specimens were legally acquired.
    b. Sec.  22.15--Bald eagle and golden eagle specimens must be 
acquired from persons authorized by permit or regulatory authorization 
to possess and donate them. Authorized individuals are responsible for 
ensuring specimens were legally acquired.
    13. Records Retention Requirements (50 CFR 21.16, 21.18, 21.22, 
21.34, 22.15)--Regulations in this rulemaking require authorized 
individuals to maintain records of activities conducted under their 
authorization:
    a. Sec.  21.16--Authorized individuals must maintain records of all 
donated birds, including eagles sent to the Repository, for 5 years. 
Records must include species, specimen type, date, location salvaged, 
and recipient. At any reasonable time upon request by the Service, the 
authorized individual must allow the Service to inspect any birds held 
under this authorization and to review any records kept.
    b. Sec.  21.18--Authorized individuals must maintain accurate 
records of operations on a calendar-year basis and retain these records 
for 5 years. Records must reflect how the authorized individual meets 
the eligibility criteria for this authorization, the programs 
conducted, each specimen in possession, and, if applicable, specimen 
disposition. At any reasonable time upon request by the Service, the 
authorized individual must allow the Service to inspect any migratory 
bird specimens held under this regulatory authorization and review any 
records kept.
    c. Sec.  21.22--Licensed veterinarians must keep records for 5 
years of all migratory birds held and treated under this authorization, 
including those euthanized. Records must include the species of bird, 
the type of injury, the date of acquisition, disposition (e.g., live 
bird transferred, specimens destroyed, or specimens donated), and the 
date and cause of death, if applicable. Upon an inspection request, 
authorized individuals must present available specimens and records at 
any reasonable time.
    d. Sec.  21.34--Agencies must keep records for 5 years of 
activities conducted under paragraphs (a)(2) through (a)(4) of that 
section of the regulations. The records must include the species and 
number of birds, the type of activity, date, and disposition.
    e. Sec.  22.15--Authorized individuals must maintain accurate 
records of operations on a calendar-year basis and retain these records 
for 5 years. Records must reflect how the authorized individual meets 
the eligibility criteria for this authorization, the programs 
conducted, each specimen in possession, and, if applicable, specimen 
disposition. At any reasonable time upon request by the Service, 
authorized individuals must allow the Service to inspect any migratory 
bird specimens held under this regulatory authorization and review any 
records kept.
    14. 3rd Party Notifications--Educational Programs (50 CFR 21.18, 
22.15)--Several regulations in this rulemaking require specimens to be 
available for educational purposes:
    a. Sec.  21.18--Migratory bird specimens must be used for public 
conservation educational programs or held for public archival purposes. 
Programs must include information about migratory bird ecology, 
biology, or conservation. Specimens held for archival purposes must be 
properly archived and readily accessible to the public for research 
purposes.
    b. Sec.  22.15--Eagle specimens must be used for public educational 
programs or held for public archival purposes. Programs must include 
information about eagle ecology, biology, or conservation. Specimens 
held for archival purposes must be properly archived and readily 
accessible to the public for research purposes.
    15. Notification Requirement--Current Authorizations (50 CFR 
21.18)--Entities currently operating under 50 CFR 21.12(b)(1) are 
requested to email the Service by March 31, 2025 with the following 
information: (1) the entity name, physical address, and, if different, 
mailing address; (2) the name, title, and contact information of the 
principal officer who is in charge of the organization; (3) the name, 
title, and contact information of the primary contact the Service 
should use, if different than the principal officer; and (4) the 
following statement: ``This entity is currently operating under the 
permit exception 50 CFR 21.12(b)(1) and intends to continue operating 
under the conditions of this exception until the Service publishes 
exhibition regulations.'' This information will be used by the Service 
primarily to contact entities once new regulations pertaining to 
exhibition are final; however, the Service may also use this 
information to better understand the number and types of entities 
currently operating under this exception.
    Title of Collection: Regulatory Authorizations for Migratory Bird 
and Eagle Possession by the General Public, Educators, and Government 
Agencies; 50 CFR parts 21 and 22.
    OMB Control Number: 1018-0200.
    Form Numbers: None.
    Type of Review: New.
    Respondents/Affected Public: Individuals; private sector; and 
State/local/Tribal governments.
    Total Estimated Number of Annual Respondents: 4,800.
    Total Estimated Number of Annual Responses: 4,800.
    Estimated Completion Time per Response: Varies from 15 minutes to 1 
hour, depending on activity.
    Total Estimated Number of Annual Burden Hours: 3,310.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Non-hour Burden Cost: None.
    On June 1, 2023, we published in the Federal Register (88 FR 35809) 
a proposed rule (RIN 1018-BC76) that announced our intention to request 
OMB approval of the information collections explained above. In that 
proposed rule, we solicited comments for 60 days on the information 
collections in this submission, ending on July 31, 2023. Summaries of 
comments addressing the information collections contained in this rule, 
as well as the agency response to those comments, can be found in the 
Response to Public Comments section of this rule, as well as in the 
information collection request submitted to OMB on the RegInfo.gov 
website (https://www.reginfo.gov/public/).
    Send your written comments and suggestions on this information 
collection by the date indicated in DATES to the Service Information 
Collection Clearance Officer, U.S. Fish and Wildlife Service, MS: PRB/
PERMA (JAO), 5275 Leesburg Pike, Falls Church, VA 22041-3803 (mail); or 
by email to [email protected]. Please reference OMB Control Number 
1018-0200 in the subject line of your comments.

National Environmental Policy Act

    We have analyzed this rule in accordance with the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) and Department

[[Page 107038]]

regulations at 43 CFR part 46. We find that the action fits within a 
class of actions listed in the categorical exclusions included in the 
DOI Departmental Manual at 516 DM 8.5, specifically: A.(1) Changes or 
amendments to an approved action when such changes have no or minor 
potential environmental impact; and C.(1) The issuance, denial, 
suspension, and revocation of permits for activities involving fish, 
wildlife, or plants regulated under 50 CFR chapter I, subchapter B, 
when such permits cause no or negligible environmental disturbance. 
These permits involve endangered and threatened species, species listed 
under the Convention on International Trade in Endangered Species of 
Wild Fauna and Flora (CITES), marine mammals, exotic birds, migratory 
birds, eagles, and injurious wildlife. The Service considers regulatory 
authorizations, also called permit exceptions, to be a type of permit. 
``Permit'' is defined in 50 CFR 10.12, and the Service considers the 
regulations in this final rule to be the means by which the Service 
describes, authorizes, and limits the activity. The authorized official 
is the DOI Assistant Secretary of Fish and Wildlife and Parks. 
Therefore, promulgation of a regulatory authorization that causes no or 
negligible environmental disturbance falls within the categorical 
exclusion for permits.
    Similar activities authorized under this final rule have previously 
been authorized under regulatory authorizations or permits without 
significant environmental effects. All but one of the regulatory 
authorizations under this final rule either benefits living birds 
(e.g., rescuing a live bird from inside of a building) or involves 
handling birds that died from causes unrelated to the regulatory 
authorization. One authorization allows law enforcement personnel to 
take individual migratory birds while acting under their official 
duties. However, the take of individual birds under those circumstances 
is limited and would not have population-level impacts.

Endangered and Threatened Species

    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 the Secretary and utilize 
such programs in furtherance of the purposes of this Act (16 U.S.C. 
1536(a)(1)). It further states that the Federal agency must ``ensure 
that any action authorized, funded, or carried out . . . 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)). Our final action of 
issuing regulatory authorizations for non-ESA-listed migratory birds 
and eagles does not authorize, fund, or carry out any activity that may 
affect--directly or indirectly--any ESA-listed species or their 
critical habitat. All activities involving live migratory birds that 
are also on the List of Endangered and Threatened Wildlife (50 CFR 
17.11) requires additional authorization under the ESA. Within this 
final rule, we have included clauses where appropriate indicating that 
either additional authorizations are required or notification to the 
appropriate Ecological Services Office is required when an activity 
involves migratory birds that are also on the List of Endangered and 
Threatened Wildlife.

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), E.O. 13175, and 512 DM 2, we have 
evaluated potential effects on federally recognized Indian Tribes and 
have determined that this rule would not interfere with Tribes' 
abilities to manage themselves, their funds, or Tribal lands. 
Furthermore, this rulemaking adds provisions that expand Tribal 
authorization and self-governance.

Energy Supply, Distribution, or Use (E.O. 13211)

    E.O. 13211 addresses regulations that significantly affect energy 
supply, distribution, and use, and requires agencies to prepare 
statements of energy effects when undertaking certain actions. This 
rule is not a significant regulatory action under E.O. 13211, and no 
statement of energy effects is required.

List of Subjects

50 CFR Part 19

    Aircraft, Fish, Hunting, Reporting and recordkeeping requirements, 
Wildlife.

50 CFR Part 21

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

50 CFR Part 22

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

Regulation Promulgation

    For the reasons described in the preamble, the U.S. Fish and 
Wildlife Service amends title 50, chapter I, subchapter B of the Code 
of Federal Regulations, as set forth below:

PART 19--AIRBORNE HUNTING

0
1. The authority citation for part 19 continues to read as follows:

    Authority: Fish and Wildlife Act of 1956, 85 Stat. 480, as 
amended, 86 Stat. 905 (16 U.S.C. 742a-j-1).

0
2. Revise Sec.  19.21 to read as follows:


Sec.  19.21  Limitation on Federal permits.

    No Federal permits will be issued that authorize any person to 
hunt, shoot, or harass from an aircraft any wildlife, except for 
migratory birds according to Federal permits issued under part 21 or 
part 22 of this subchapter when the purpose of the action is consistent 
with the purpose of the permit regulation.

PART 21--MIGRATORY BIRD PERMITS

0
3. The authority citation for part 21 continues to read as follows:

    Authority: 16 U.S.C. 703-712.

Subpart A--Introduction and General Requirements

0
4. Amend Sec.  21.4 by:
0
a. Revising the section heading;
0
b. In paragraph (a), removing the word ``Provide'' and adding in its 
place the word ``Provided ''; and
0
c. Revising paragraph (b).
    The revisions read as follows:


Sec.  21.4  Scope of regulations.

* * * * *
    (b) Except as set forth in paragraphs (b)(1) and (2) of this 
section, the regulations in this part do not apply to the bald eagle 
(Haliaeetus leucocephalus) or the golden eagle (Aquila chrysaetos), for 
which regulations are provided in part 22 of this subchapter:
    (1) In this part in subpart B, which sets forth regulatory 
authorizations for migratory birds, the following sections of this part 
apply to the migratory birds listed in 50 CFR 10.13, including the bald 
eagle (Haliaeetus leucocephalus) and the golden eagle (Aquila 
chrysaetos):
    (i) Sec.  21.16: Authorization--salvage;
    (ii) Sec.  21.22: Authorization--licensed veterinarians;
    (iii) Sec.  21.32: Authorization--mortality events;
    (iv) Sec.  21.34: Authorization--natural resource agency employees; 
and
    (v) Sec.  21.40: Authorization--law enforcement personnel.

[[Page 107039]]

    (2) In this part in subpart C, which sets forth specific permit 
provisions, the following sections of this part apply to the migratory 
birds listed in 50 CFR 10.13, including the bald eagle (Haliaeetus 
leucocephalus) and the golden eagle (Aquila chrysaetos):
    (i) Sec.  21.63: Taxidermist permits;
    (ii) Sec.  21.70: Banding or marking permits;
    (iii) Sec.  21.76: Rehabilitation permits; and
    (iv) Sec.  21.82: Falconry standards and falconry permitting.
* * * * *

0
5. Add Sec.  21.5 to read as follows:


Sec.  21.5  Disqualifying factors.

    A person may not hold, or act under authorization of, a permit 
granted by regulation or permit under this part if any of the following 
circumstances apply, unless the Director expressly waives that 
disqualification in writing prior to any act in question:
    (a) The person has been convicted of or pled guilty or nolo 
contendere to a felony violation of the Lacey Act (18 U.S.C. 42, as 
amended), the Migratory Bird Treaty Act (16 U.S.C. 703-712), or the 
Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d).
    (b) The person has had any other authorization, license, or permit 
issued pursuant to the Migratory Bird Treaty Act or Bald and Golden 
Eagle Protection Act revoked in accordance with Sec.  13.28 of this 
subchapter B within the last 5 years.
    (c) The person has failed to pay any required fees, penalties, or 
other money owed, for any reason, to the United States. 
Disqualification is effective as soon as the deficiency applies. This 
disqualification is lifted when the money owed is paid in full unless 
the Service notifies the person in writing of permanent 
disqualification due to repeated or extended failure to pay.
    (d) The person has failed to submit timely, accurate, or valid 
reports required under this part. Disqualification is effective as soon 
as the deficiency applies. This disqualification is lifted when the 
required reports are submitted unless the Service notifies the person 
in writing of permanent disqualification due to repeated or extended 
failure to meet reporting requirements.

0
6. Amend Sec.  21.6 by adding a definition for ``Humane and healthful 
conditions'' in alphabetic order to read as follows:


Sec.  21.6  Definitions.

* * * * *
    Humane and healthful conditions means using methods supported by 
the best available science that minimize fear, pain, stress, and 
suffering of a migratory bird held in possession. This definition 
applies during capture, possession (temporary or long term), and 
transport. Humane and healthful conditions pertain to handling (e.g., 
during capture, care, release, restraint, and training), housing 
(whether temporary, permanent, or during transport), shelter, feeding 
and watering, sanitation, ventilation, protection from predators and 
vermin, and, as applicable, enrichment, veterinary care, and 
euthanasia.
* * * * *

0
7. Revise the heading of subpart B to read as follows:

Subpart B--Regulatory Authorizations for Migratory Birds

* * * * *

0
8. Add Sec.  21.14 to read as follows:


Sec.  21.14  Authorization--birds in buildings.

    (a) Any person may, without a permit, humanely remove a migratory 
bird from the interior of a residence, business, or similar building or 
structure where people live or work under the conditions set forth in 
this section. Authorization is limited to when the presence of 
migratory birds is preventing the normal use of the interior of a 
building or structure, such as causing a health or safety risk to 
humans or birds or damage to property such as foodstuffs or products 
for sale, or if the bird may become injured because it is trapped. This 
authorization does not apply to birds or nests on the exterior of 
buildings, such as siding or eaves, or to structures that are not 
human-occupied, such as bridges.
    (b) This authorization is subject to the following conditions:
    (1) Humane conditions. Any trapping, handling, transporting, or 
release of migratory birds must be conducted under humane and healthful 
conditions as defined in Sec.  21.6. You may not use adhesive traps 
(such as glue traps) or any other method of capture likely to harm the 
bird.
    (2) Release. Any birds removed by trapping must be immediately 
released to the wild in a humane and healthful manner. However, for any 
bird that becomes exhausted, ill, injured, or orphaned, you must 
immediately contact a federally permitted migratory bird rehabilitator 
and follow the rehabilitator's instructions.
    (3) Nests. You may remove nests, eggs, and nestlings from the 
interior of a human-occupied building or structure. When possible, 
prevent the need for take of occupied nests by waiting until nestlings 
fledge. You may transport eggs or nestlings to a federally permitted 
migratory bird rehabilitator, if the rehabilitator recommends that you 
do so. Otherwise, you may humanely destroy eggs or euthanize nestlings 
following the American Veterinary Medical Association Guidelines for 
the Euthanasia of Animals or an equivalent process.
    (4) Prevention. To the degree feasible, you must prevent birds from 
reentering buildings or structures by taking such actions as patching 
holes or installing bird exclusion devices. Exclusion devices must be 
regularly monitored, maintained, and repaired to ensure they remain 
effective and to prevent entrapment, injury, or death.
    (5) Disposal. You may not lethally take migratory birds, except as 
authorized in paragraph (b)(3) of this section for chicks and eggs. If 
your actions to remove the trapped migratory bird are likely to result 
in lethal take of an adult bird, you must first obtain a Federal 
migratory bird permit. If you otherwise comply with the requirements of 
this section and a bird you are trying to remove dies, you must 
immediately dispose of the specimen by donation to any person or entity 
authorized to receive them under a valid permit or regulatory 
authorization. Otherwise, you must dispose of migratory bird specimens 
by destruction in accordance with Federal, Tribal, State, Territorial, 
or local laws and ordinances.
    (c) Additional authorization is required for bald eagles, golden 
eagles, and species on the Federal List of Endangered and Threatened 
Wildlife (50 CFR 17.11(h)).
    (d) You must also comply with any Federal, Tribal, State, or 
Territorial requirements that apply to removing migratory birds from 
buildings.

0
9. Add Sec.  21.16 to read as follows:


Sec.  21.16  Authorization--salvage.

    The regulations in this section authorize salvage activities and 
provide a regulatory authorization for these activities.
    (a) Salvage and disposition of bald eagle and golden eagle 
specimens. The National Eagle Repository (Repository) is responsible 
for determining whether salvaged eagle specimens must be sent to the 
Repository or distributed to others. Eagle specimens include a whole 
bald eagle or golden eagle (eagle), part of an eagle (e.g., wing or 
tail), or feathers. Salvage of any eagle nest or egg in any condition 
is not authorized.
    (1) If you salvage eagle specimens, you must immediately contact 
the Repository. When possible, contact the Repository prior to salvage.

[[Page 107040]]

Alternatively, you may turn in salvaged eagles to your Federal, Tribal, 
or State wildlife agency.
    (2) If the Repository determines specimens must be sent to the 
Repository, you must follow the Repository's shipping instructions and 
ship specimens within 7 days of receiving instructions from the 
Repository.
    (3) If the Repository determines eagle specimens may be distributed 
to others, the Repository will provide written documentation for 
donation of the eagle specimen. Unless otherwise documented by the 
Service in writing, you must donate or otherwise legally dispose of the 
eagle specimen within 7 days of receiving instructions from the 
Repository. You may donate specimens to a public museum, public 
scientific society, or public zoological park authorized to receive 
eagle specimens for scientific or exhibition purposes under a 
regulatory authorization (50 CFR 22.15) or valid permit (50 CFR 22.50).
    (4) If not donated, the eagle specimens must be disposed of by 
destruction in accordance with Federal, Tribal, State, and local laws 
and ordinances.
    (5) Personal use is not authorized. Eagle specimens may not be held 
in possession for more than 7 calendar days, unless directed otherwise 
by the Service. Eagle specimens may not be purchased, sold, bartered, 
or offered for purchase, sale, or barter.
    (b) Salvage of migratory birds. Any person may salvage migratory 
bird specimens under the conditions set forth in this section. 
Specimens include whole birds found dead, parts, feathers, inactive 
nests, and nonviable eggs. The following restrictions apply:
    (1) This authorization does not apply to live birds, viable eggs, 
or in-use nests. Salvage of eggs during breeding season is not 
authorized, except you may salvage nonviable eggs if you are 
professionally trained to distinguish viable eggs from nonviable eggs. 
Salvage of viable eggs is not authorized under this section.
    (2) Additional authorization is required to salvage bird species on 
the Federal List of Endangered and Threatened Wildlife (50 CFR 
17.11(h)).
    (3) Salvage and disposition of bald eagles and golden eagles is 
limited as described in paragraphs (a)(1) through (a)(5) of this 
section.
    (4) You must dispose of all salvaged specimens as described below 
within 7 calendar days.
    (5) You must tag each specimen intended for donation with the 
species, date, location of salvage, and the name and contact 
information of the person who salvaged the specimen. The tag must 
remain with the specimen.
    (6) You must report the band information of any salvaged migratory 
bird with a Federal band to the U.S. Geological Survey Bird Banding 
Laboratory.
    (c) Disposition of migratory birds. (1) Except for bald eagles or 
golden eagles, salvaged migratory bird specimens may be disposed of by 
donation to any person or entity authorized to receive them under a 
valid permit or regulatory authorization.
    (2) If not donated, migratory bird specimens must be disposed of by 
destruction in accordance with Federal, Tribal, State, Territorial, and 
local laws and ordinances.
    (3) Personal use is not authorized. Birds, parts, nests, and eggs 
may not be held in possession for more than 7 calendar days, unless 
directed otherwise by the Service. Migratory bird specimens may not be 
purchased, sold, bartered, or offered for purchase, sale, or barter.
    (d) Records. You must maintain records of all donated birds, 
including eagles sent to the Repository, for 5 years. Records must 
include species, specimen type, date, location salvaged, and recipient. 
At any reasonable time upon request by the Service, you must allow the 
Service to inspect any birds held under this authorization and to 
review any records kept.
    (e) Other requirements. Additional Federal, Tribal, State, or 
Territorial permits may be required. This authorization does not grant 
land access. You are responsible for obtaining permission from 
landowners when necessary and for complying with other applicable laws. 
This authorization is not intended for individuals actively searching 
for dead birds, such as for scientific research.
    (f) Reporting to law enforcement. If you suspect birds were 
illegally killed or if five or more birds are found dead, you must 
notify the Service Office of Law Enforcement (see 50 CFR 10.22 for 
contact information) prior to salvaging the birds and follow the 
instructions provided.

0
10. Add Sec.  21.18 to read as follows:


Sec.  21.18  Authorization--exhibition use of specimens.

    (a) Scope. For conservation education purposes, qualified public 
entities are authorized to possess lawfully acquired migratory bird 
specimens, including whole bird specimens, parts, feathers, inactive 
nests, and nonviable eggs, as described in the regulations in this 
section. This authorization does not apply to live birds, viable eggs, 
or in-use nests. For specimens of bald eagles or golden eagles, see 50 
CFR 22.15. Qualified public entities must be:
    (1) Open to the general public;
    (2) Established, maintained, and operated as a governmental service 
or privately endowed and organized but not operated for profit; and
    (3) Conducting programs for the purpose of educating the public 
about migratory bird biology, ecology, and conservation.
    (b) Acquisition. Migratory bird specimens must be acquired from 
persons authorized by valid permit or regulatory authorization to 
possess and donate them. You are responsible for ensuring specimens 
were legally acquired.
    (c) Disposition. You may dispose of migratory bird specimens by 
donating them to any person or entity authorized to receive them under 
a valid permit or regulatory authorization. Otherwise, you must dispose 
of migratory bird specimens by destruction in accordance with Federal, 
Tribal, State, Territorial, or local laws and ordinances.
    (d) Possession. Each migratory bird specimen must remain tagged 
with the species, date, location, name of the donor, and donor's 
authorization for acquisition (e.g., permit number or CFR citation of 
the applicable regulatory authorization, e.g., 50 CFR 21.16). Specimen 
tags may be temporarily removed during educational programs. Migratory 
bird specimens may be taxidermied by a federally permitted taxidermist 
(Sec.  21.63), or by employees or volunteers of your organization, as 
part of their official duties.
    (e) Educational programs. Migratory bird specimens must be used for 
public conservation education programs or held for public archival 
purposes. Specimens held for archival purposes must be properly 
archived and readily accessible to the public for research purposes. 
Specimens may be used for observational research without additional 
authorization; however, removal of samples requires additional 
authorization, such as a scientific collecting permit (Sec.  21.73).
    (f) Prohibitions. Specimens may not be purchased, sold, or 
bartered. You must not display any migratory bird specimens in a manner 
that implies personal use or include specimens used in millinery, 
ornamental, or similar objects, except as authorized for pre-Act 
specimens lawfully acquired in accordance with Sec.  21.4(a).
    (g) Records. You must maintain accurate records of operations on a 
calendar-year basis and retain these records for 5 years. Records must 
reflect how you meet the eligibility criteria for

[[Page 107041]]

this authorization, the programs conducted, each specimen in 
possession, and, if applicable, specimen disposition. At any reasonable 
time upon request by the Service, you must allow the Service to inspect 
any migratory bird specimens held under this regulatory authorization 
and review any records kept.
    (h) Other laws. You must comply with any Federal, Tribal, State, or 
Territorial requirements that apply to possession of migratory bird 
specimens for exhibition use.

0
11. Add Sec.  21.22 to read as follows:


Sec.  21.22  Authorization--licensed veterinarians.

    (a) Any person who finds a sick, injured, or orphaned migratory 
bird, including bald eagles and golden eagles, may, without a permit, 
take possession of the bird for immediate transport to a licensed 
veterinarian or federally permitted migratory bird rehabilitator.
    (b) Licensed veterinarians are authorized to take the following 
actions without a permit:
    (1) Take from the wild or receive from any person, a sick, injured, 
or orphaned migratory bird, including bald eagles and golden eagles, 
for the purpose of providing veterinary care.
    (2) Perform diagnostics as well as surgical and nonsurgical 
procedures necessary for triage, including euthanizing migratory birds 
(See Sec.  21.76(e)(4)(iii)-(iv)). Under this authorization, licensed 
veterinarians may not conduct amputations and other procedures that 
could render a bird nonreleasable.
    (3) Release migratory birds that have been in care less than 24 
hours to suitable habitat in the wild. The Service recommends 
contacting a federally permitted migratory bird rehabilitator if you 
need assistance determining if birds are suitable for release and 
suitable release locations.
    (4) Transfer birds to a federally permitted migratory bird 
rehabilitator.
    (5) Dispose of dead migratory birds in accordance with Sec.  
21.76(e)(4)(vi) and dispose of dead bald eagles and golden eagles in 
accordance with Sec.  21.76(e)(4)(vi)(C).
    (c) Licensed veterinarians are not authorized to release to the 
wild migratory birds held in care longer than 24 hours. Any migratory 
bird held longer than 24 hours must be transferred to a federally 
permitted migratory bird rehabilitator.
    (d) After hospitalization is no longer required, within 48 hours, 
live migratory birds must be transferred to a federally permitted 
migratory bird rehabilitator. Any determination of nonreleasable status 
requires a rehabilitation permit (Sec.  21.76) and may not be made 
under this regulatory authorization. If unable to transfer a bird 
within that time, you must contact your regional migratory bird permit 
office for assistance in locating a permitted migratory bird 
rehabilitator, authorization to continue care, or a recommendation to 
euthanize the bird.
    (e) Migratory birds in possession under this authorization must be 
maintained in humane and healthful conditions as defined in Sec. Sec.  
21.6 and 22.6 of this subchapter B.
    (f) Licensed veterinarians must notify the appropriate Ecological 
Services Office within 24 hours of receiving a migratory bird that is 
also on the List of Endangered and Threatened Wildlife (50 CFR 17.11). 
See 50 CFR 2.2 for a list of Service regional offices.
    (g) Licensed veterinarians must keep records for 5 years of all 
migratory birds held and treated under this authorization, including 
those euthanized. Records must include the species of bird, the type of 
injury, the date of acquisition, disposition (e.g., live bird 
transferred, specimens destroyed, or specimens donated), and, if the 
bird died in your care, the date and cause of death. Upon an inspection 
request, individuals must present available specimens and records at 
any reasonable time.

0
12. Add Sec.  21.32 to read as follows:


Sec.  21.32  Authorization--mortality events.

    (a) Natural resource and public health employees performing 
official duties are authorized without a permit to collect, possess, 
transport, and dispose of migratory birds found sick, injured, or dead 
as part of a mortality event, which is an unforeseen event that results 
in an unexpectedly high number of sick or dead birds in a particular 
location over a short period of time from a cause that appears to be 
related. For example, multiple dead birds of taxonomically related 
species exhibiting similar clinical signs in a discrete geographic area 
over roughly the same time period with all of the birds exhibiting 
similar pathological behavior or clinical signs. Birds or their parts 
may be analyzed for suspected or confirmed cause of death.
    (b) Natural resource and public health employees include employees 
of:
    (1) Government natural resource agencies;
    (2) Government public health agencies;
    (3) Government agricultural agencies; and
    (4) Laboratories working on behalf of such agencies.
    (c) Sick or injured birds may be humanely euthanized or transported 
to a federally permitted rehabilitator or licensed veterinarian for 
care or euthanasia. If euthanized, specimens may be analyzed for cause 
of death.
    (d) This authorization does not include take and possession of 
uninjured or asymptomatic birds. Take of asymptomatic birds, such as 
for disease monitoring, requires a scientific collecting permit (Sec.  
21.73).
    (e) This authorization does not apply to mortality events that do 
not readily appear to be disease-related.
    (f) Notify the Service Office of Law Enforcement (see 50 CFR 10.22 
for contact information) if you suspect birds were illegally killed or 
injured.
    (g) If the mortality event involves eagles, you must immediately 
contact the National Eagle Repository. When possible, contact the 
Repository prior to salvage. Alternatively, you may turn in salvaged 
eagles to your Federal, Tribal, or State wildlife agency.
    (h) Additional Federal, Tribal, State, or Territorial permits may 
be required. This authorization does not grant land access. You are 
responsible for obtaining permission from landowners when necessary and 
for complying with other applicable laws.

0
13. Add Sec.  21.34 to read as follows:


Sec.  21.34  Authorization--natural resource agency employees.

    (a) Authorized activities. While performing official duties, 
employees of Federal, State, Territorial, and federally recognized 
Tribal natural resource agencies may conduct the following activities 
without a permit:
    (1) Salvage. Natural resource agency employees may salvage 
migratory bird specimens found dead in accordance with the salvage 
authorization (Sec.  21.16).
    (2) Exhibition use. Natural resource agency employees may possess 
migratory bird specimens for conservation education programs in 
accordance with the authorizations for exhibition use of specimens 
(Sec.  21.18) and the exhibition use of eagle specimens (50 CFR 22.15). 
Additional authorization under this part 21 and part 22 of this 
subchapter B is required to possess live birds, viable eggs, or in-use 
nests for exhibition use.
    (3) Transport. Natural resource agency employees may transport 
sick, injured, or orphaned birds in accordance with Sec.  21.76(a). If 
transport is not feasible within 24 hours, employees must follow the 
instructions of a federally permitted migratory bird rehabilitator to 
provide supportive care, retain in an appropriate enclosure for up to 
72 hours, or euthanize the birds.

[[Page 107042]]

    (4) Relocate. Natural resource agency employees may trap and 
relocate migratory birds, nests, eggs, and chicks in accordance with 
Sec.  21.14. Employees are authorized to conduct these activities 
either to remove birds from structures or whenever birds or humans are 
at risk if birds are not relocated. Additional authorization is 
required for bald eagles, golden eagles, or migratory birds on the List 
of Endangered and Threatened Wildlife (50 CFR 17.11).
    (b) Volunteers and contractors. Individuals under the direct 
supervision of an agency employee (e.g., volunteers or agents under 
contract to the agency) may, within the scope of their official duties, 
conduct the activities authorized by this authorization. An authorized 
individual must have a designation letter from the agency describing 
the activities that may be conducted by the individual and any date and 
location restrictions that apply.
    (c) Official capacity. Employees and other authorized individuals 
must act within their official duties, training, and experience when 
conducting authorized activities, especially when handling live birds. 
Live birds must always be cared for under humane and healthful 
conditions as defined in Sec.  21.6 and Sec.  22.6 of this subchapter 
B.
    (d) Records. Agencies must keep records for 5 years of activities 
conducted under paragraphs (a)(2) through (a)(4) of this section. The 
records must include the species and number of birds, the type of 
activity, date, and disposition.

0
14. Add Sec.  21.40 to read as follows:


Sec.  21.40  Authorization--law enforcement personnel.

    (a) Without a permit and when performing official duties, law 
enforcement personnel authorized to enforce the provisions of the 
Migratory Bird Treaty Act (16 U.S.C. 706 and 708) or Bald and Golden 
Eagle Protection Act (16 U.S.C. 668b) may take, acquire, possess, 
transport, and dispose of migratory birds (including bald eagles and 
golden eagles), whether alive or dead, including their parts, nests, or 
eggs.
    (b) Law enforcement personnel may designate non-law-enforcement 
personnel to acquire, possess, transport, or dispose of migratory birds 
on the behalf of law enforcement under this authorization. This 
designation includes recording the name and contact information of the 
individual designated, dates valid, activities authorized, and name and 
contact information of the authorizing agent.

Subpart C--Specific Permit Provisions


Sec.  21.70  [Amended]

0
15. In Sec.  21.70, amend paragraph (b) by removing the words ``Office 
of Migratory Bird Management, U.S. Fish and Wildlife Service'' and 
adding in their place the words ``U.S. Geological Survey''.

0
16. Amend Sec.  21.76 by revising paragraphs (a), (e)(1), and 
(e)(4)(vi)(A) to read as follows:


Sec.  21.76  Rehabilitation permits.

    (a) What is the permit requirement? Except as provided in Sec.  
21.22, a rehabilitation permit is required to take, temporarily 
possess, or transport any migratory bird for rehabilitation purposes. 
However, any person who finds a sick, injured, or orphaned migratory 
bird may, without a permit, take possession of the bird for immediate 
transport to a permitted rehabilitator or licensed veterinarian.
* * * * *
    (e) * * *
    (1) Facilities. You must conduct the activities authorized by this 
permit in appropriate facilities that are approved and identified on 
the face of your permit. In evaluating facilities, Service approved 
guidance will be used unless the rehabilitator demonstrates that 
variation from the guidance is humane for the bird(s) and both 
reasonable and necessary to accommodate the rehabilitator's particular 
circumstances. However, except as provided by paragraph (f)(2)(i) of 
this section, all facilities must comply with the following criteria:
* * * * *
    (4) * * *
    (vi) * * *
    (A) You may donate dead birds and parts thereof, except threatened 
and endangered species, bald eagles, and golden eagles, to persons 
authorized by permit to possess migratory bird specimens or exempted 
from permit requirements under the regulations in subpart B of this 
part.
* * * * *

0
17. Amend Sec.  21.82 by revising paragraphs (f)(12)(ii) and (v) and 
(f)(13)(ii) to read as follows:


Sec.  21.82  Falconry standards and falconry permitting.

* * * * *
    (f) * * *
    (12) * * *
    (ii) You may donate feathers from a falconry bird, except golden 
eagle feathers, to any person or entity with a valid permit to possess 
them, or to anyone exempt from the permit requirement under the 
regulations in subpart B of this part.
* * * * *
    (v) If your permit expires or is revoked, you must donate the 
feathers of any species of falconry raptor except a golden eagle to any 
person or any entity exempt from the permit requirement under the 
regulations in subpart B of this part or authorized by permit to 
acquire and possess the feathers. If you do not donate the feathers, 
you must burn, bury, or otherwise destroy them.
    (13) * * *
    (ii) You may donate the body or feathers of any other species of 
falconry raptor to any person or entity exempt from the permit 
requirement under the regulations in subpart B of this part or 
authorized by permit to acquire and possess such parts or feathers.
* * * * *

0
18. Amend Sec.  21.85 by revising the section heading and paragraph 
(k)(1) to read as follows:


Sec.  21.85  Raptor propagation permitting.

* * * * *
    (k) * * *
    (1) You may donate the body or feathers of any species you possess 
under your propagation permit to any person or entity exempt from the 
permit requirement under the regulations in subpart B of this part or 
authorized by permit to acquire and possess such parts or feathers.
* * * * *

PART 22--EAGLE PERMITS

0
19. The authority citation for part 22 continues to read as follows:

    Authority: 16 U.S.C. 668-668d; 703-712; 1531-1544.

Subpart A--Introduction and General Requirements

0
20. Add Sec.  22.5 to read as follows:


Sec.  22.5  Disqualifying factors.

    A person may not hold, or act under authorization of, a permit 
granted by regulation or permit under this part if any of the following 
circumstances apply, unless the Director expressly waives that 
disqualification in writing prior to any act in question:
    (a) The person has been convicted of or pled guilty or nolo 
contendere to a felony violation of the Lacey Act (18 U.S.C. 42, as 
amended), the Migratory Bird Treaty Act (16 U.S.C. 703-712), or the 
Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d).
    (b) The person has had any other authorization, license, or permit 
issued pursuant to the Migratory Bird Treaty

[[Page 107043]]

Act or Bald and Golden Eagle Protection Act revoked in accordance with 
Sec.  13.28 of subchapter B within the last 5 years.
    (c) The person has failed to pay any required fees, penalties, or 
other money owed, for any reason, to the United States. 
Disqualification is effective as soon as the deficiency applies. This 
disqualification is lifted when the money owed is paid in full unless 
the Service notifies the person in writing of permanent 
disqualification due to repeated or extended failure to pay.
    (d) The person has failed to submit timely, accurate, or valid 
reports required under this part. Disqualification is effective as soon 
as the deficiency applies. This disqualification is lifted when the 
required reports are submitted unless the Service notifies the person 
in writing of permanent disqualification due to repeated or extended 
failure to meet reporting requirements.

0
21. Amend Sec.  22.6 by adding a definition for ``Humane and healthful 
conditions'' in alphabetic order to read as follows:


Sec.  22.6  Definitions.

* * * * *
    Humane and healthful conditions means using methods supported by 
the best available science that minimize fear, pain, stress, and 
suffering of a migratory bird held in possession. This definition 
applies during capture, possession (temporary or long term), and 
transport. Humane and healthful conditions pertain to handling (e.g., 
during capture, care, release, restraint, and training), housing 
(whether temporary, permanent, or during transport), shelter, feeding 
and watering, sanitation, ventilation, protection from predators and 
vermin, and, as applicable, enrichment, veterinary care, and 
euthanasia.
* * * * *

0
22. Add Sec.  22.15 under a new subpart B to read as follows:

Subpart B--Regulatory Authorizations for Eagles


Sec.  22.15  Authorization--exhibition use of eagle specimens.

    (a) Scope. The regulations in this section authorize qualified 
public entities to possess lawfully acquired eagle specimens, including 
whole bird specimens, parts, feathers, inactive nests, and nonviable 
eggs, for conservation education purposes. This authorization does not 
apply to live eagles, viable eggs, or in-use nests. Qualified public 
entities must be:
    (1) A museum, scientific society, or zoological park;
    (2) Open to the general public;
    (3) Established, maintained, and operated as a governmental service 
or privately endowed and organized but not operated for profit; and
    (4) Conducting programs for the purpose of educating the public 
about bald eagle or golden eagle biology, ecology, and conservation.
    (b) Acquisition. Bald eagle and golden eagle specimens must be 
acquired from persons authorized by valid permit or regulatory 
authorization to possess and donate them. You are responsible for 
ensuring specimens were legally acquired. Eagle specimens salvaged 
after January 30, 2025 must have written documentation from the 
National Eagle Repository for exhibition use.
    (c) Disposition. You may dispose of eagle specimens by donating 
them to any entity authorized to receive them under a valid permit or 
regulatory authorization. You may contact the National Eagle Repository 
and, if directed, ship the specimens to the Repository. Otherwise, you 
must dispose of eagle specimens by destruction in accordance with 
Federal, Tribal, State, or local laws and ordinances.
    (d) Possession. Each eagle specimen must remain tagged with the 
species, date, location, name of the donor, and donor's authorization 
for acquisition (e.g., permit number or CFR citation of the applicable 
regulatory authorization, e.g., 50 CFR 21.16). Specimen tags may be 
temporarily removed during educational programs. Eagle specimens may be 
taxidermied by a federally permitted taxidermist (Sec.  21.63 of this 
subchapter B), or by employees or volunteers of your organization, as 
part of their official duties.
    (e) Educational programs. Eagle specimens must be used for public 
educational programs or held for public archival purposes. Specimens 
held for archival purposes must be properly archived and readily 
accessible to the public for research purposes. Specimens may be used 
for observational research without additional authorization; however, 
removal of samples requires additional authorization, such as an eagle 
scientific permit (Sec.  22.50).
    (f) Prohibitions. Specimens may not be purchased, sold, or 
bartered. You must not display any bald eagle or golden eagle specimens 
in a manner that implies personal use or include specimens used in 
millinery, ornamental, or similar objects, except as authorized for 
pre-Act specimens lawfully acquired in accordance with Sec.  22.4(a).
    (g) Records. You must maintain accurate records of operations on a 
calendar-year basis and retain these records for 5 years. Records must 
reflect how you meet the eligibility criteria for this authorization, 
the programs conducted, each specimen in possession, and, if 
applicable, specimen disposition. At any reasonable time upon request 
by the Service, you must allow the Service to inspect any migratory 
bird specimens held under this regulatory authorization and review any 
records kept.
    (h) Other laws. You must comply with any Federal, Tribal, State, or 
Territorial requirements that apply to possession of eagle specimens 
for exhibition use.

Subpart C--Eagle Possession Permit Provisions

0
23. Amend Sec.  22.50 by revising the section heading and the 
undesignated introductory paragraph to read as follows:


Sec.  22.50  Eagle scientific and exhibition permits.

    We may, under the provisions of this section, issue a permit 
authorizing the taking, possession, transportation within the United 
States, or transportation into or out of the United States of lawfully 
possessed bald eagles or golden eagles, or their parts, nests, or eggs 
for the scientific or exhibition purposes of public museums, public 
scientific societies, or public zoological parks. A permit is not 
required if your activities fall within the authorization for 
exhibition use of eagle specimens (Sec.  22.15). We will not issue a 
permit under the regulations in this section that authorizes the 
transport into or out of the United States of any live bald or golden 
eagles, or any viable eggs of these birds.
* * * * *

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-31015 Filed 12-30-24; 8:45 am]
BILLING CODE 4333-15-P