from the released bird shall be removed and surrendered to
<br />the State wildlife department. The marker from an
<br />intentionally released bird which is indigenous to that State
<br />shall also be removed and surrendered to the State wildlife
<br />department. A standard Federal bird band shall be attached
<br />to such birds by the State orService-authorized Federal
<br />bird bander whenever possible.
<br />(4) A raptor possessed under authority of a falconry
<br />permit may be temporarily held by a person other than the
<br />permittee only if that person is otherwise authorized to
<br />possess raptors, and only if the raptor is accompanied at
<br />all times by the properly completed form 3-186A (Migratory
<br />Bird Acquisition/Disposition Report) designating the
<br />permittee as the possessor of record and by a signed,
<br />dated statement from the permittee authorizing the
<br />temporary possession.
<br />(5) Feathers that are molted or those feathers from
<br />birds held in captivity that die, may be retained and
<br />exchanged by permittees only for imping purposes.
<br />(k) States meeting Federal falconry standards. We
<br />have determined that the following States meet or exceed
<br />the minimum Federal falconry standards established in this
<br />section for regulating the taking, possession, and
<br />transportation of raptors for the purpose of falconry. The
<br />States that are participants in a cooperative Federal/State
<br />permit system are designated by an asterisk (*). *Alabama,
<br />*Alaska, Arizona, *Arkansas, *California, *Colorado,
<br />*Delaware, *Florida, *Georgia, *Idaho, *Illinois, *Indiana,
<br />*lowa, *Kansas, *Kentucky, *Louisiana, Maine, Maryland,
<br />Massachusetts, *Michigan, *Minnesota, *Mississippi,
<br />Missouri, *Montana, *Nebraska, *Nevada, *New Hampshire,
<br />*New Jersey, New Mexico, New York, *North Carolina,
<br />*North Dakota, *Ohio, Oklahoma, *Oregon, Pennsylvania,
<br />Rhode Island, *South Carolina, *South Dakota, *Tennessee,
<br />Texas, Utah, *Vermont, *Virginia, *Washington, West
<br />Virginia, *Wisconsin, *Wyoming. [41 FR 2238, Jan. 15,
<br />1976; 41 FR 8053, Feb. 24, 1976, as amended at 42 FR
<br />42353, Aug. 23, 1977; 43 FR 968, Jan. 5, 1978; 43 FR 1
<br />0566, Mar. 14, 19 78; 43 FR 34150, Aug. 3, 1978; 43 FR 5
<br />7606, Dec. 8, 1978; 45 FR 25066, Apr. 14, 1980; 45 FR
<br />70276, Oct. 23, 1980; 48 FR 31608, July 8, 1983; 48 FR
<br />42820, Sept. 20, 1983; 54 FR 38153, Sept. 14, 1989; 59
<br />FR 11204, Mar. 10, 1994; 64 FR 48566, Sept. 7, 1999; 65
<br />FR 49509, Aug. 14, 2000]
<br />§ 21.30 Raptor propagation permits.
<br />(a) Permit requirement. A raptor propagation permit is
<br />required before any person may take, possess, transport,
<br />import, purchase, barter, or offer to sell, purchase, or barter
<br />any raptor, raptor egg, or raptor semen for propagation
<br />purposes.
<br />(b) Application procedures. Submit application for
<br />raptor propagation permits to the appropriate Regional
<br />Director (Attention: Migratory bird permit office). You can
<br />find addresses for the Regional Directors in 50 CFR 2.2.
<br />Each application must contain the general information and
<br />certification required in Sec. 13.12(a) of this subchapter,
<br />and the following additional information:
<br />(1) A statement indicating the purpose(s) for which a
<br />raptor propagation permit is sought and, where applicable,
<br />the scientific or educational objectives of the applicant;
<br />(2) A statement indicating whether the applicant has
<br />been issued a State permit authorizing raptor propagation
<br />(include name of State, permit number, and expiration
<br />date);
<br />(3) A statement fully describing the nature and extent of
<br />the applicant's experience with raptor propagation or
<br />handling raptors;
<br />(4) A description of each raptor the applicant
<br />possesses or will acquire for propagation purposes to
<br />include the species, age (if known), sex (if known), date of
<br />acquisition, source, and raptor marker number;
<br />(5) A description of each raptor the applicant
<br />possesses for purposes other than raptor propagation to
<br />include the species, age (if known), sex (if known), date of
<br />acquisition, source, raptor marker number, and purpose for
<br />which it is possessed;
<br />(6) A description and photographs of the facilities and
<br />equipment to be used by the applicant including the
<br />dimensions of any structures intended for housing the
<br />birds;
<br />(7) A statement indicating whether the applicant
<br />requests authority to take raptors or raptor eggs from the
<br />wild.
<br />(c) Issuance criteria. Upon receiving an application
<br />completed in accordance with paragraph (b) of this section,
<br />the Director will decide whether a permit should be issued.
<br />In making this decision, the Director shall consider, in
<br />addition to the general criteria in Sec 13.21(b) of this
<br />chapter, the following factors:
<br />(1) Whether an applicant's raptor propagation facilities
<br />are adequate for the number and species of raptors to be
<br />held underthe permit.
<br />(2) Whether propagation is authorized by the State in
<br />which the propagation will occur, and if authorized, whether
<br />the applicant has any required State propagation permit.
<br />(3) Whether the applicant is at least 18 years old with a
<br />minimum of 2 years experience handling raptors, and if the
<br />applicant requests authority to propagate endangered or
<br />threatened species, whether the applicant is at least 23
<br />years old with a minimum of 7 years experience handling
<br />raptors.
<br />(4) If the applicant requests authority to take raptors or
<br />raptor eggs from the wild:
<br />(i) Whether issuance of the permit would have a
<br />significant effect on any wild population of raptors;
<br />(ii) Whether suitable captive stock is available; and
<br />(iii) Whether wild stock is needed to enhance the
<br />genetic variability of captive stock.
<br />(d) Additional permit conditions. In addition to the
<br />general conditions found in part 13 of this chapter, raptor
<br />propagation permits are subject to the following additional
<br />conditions:
<br />(1) Facilities. Any tethered raptor possessed under this
<br />permit must be maintained in accordance with the Federal
<br />falconry standards for "facilities and equipment" described
<br />7
<br />
|