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in Sec. 21.29(8), unless a specific exception in writing is
<br />obtained. For untethered raptors, the breeding facilities
<br />must be soundly constructed and entirely enclosed with
<br />wood, wire netting, or other suitable material which provides
<br />a safe, health, environment. The design of such facilities
<br />and ancillary equipment must:
<br />(i) Minimize the risk of injury by providing protection
<br />from predators, disturbances that would likely cause harm,
<br />extreme weather conditions, and collision with interior or
<br />perimeter construction materials and equipment such as
<br />support poles, windows, wire netting, perches, or lights;
<br />(ii) Enhance sanitation byproviding awell-drained floor,
<br />fresh air ventilation, source of light, fresh water for bathing
<br />and drinking, access for cleaning, and interior construction
<br />materials suitable for thorough cleaning or disinfection; and
<br />(iii) Enhance the welfare and breeding success of the
<br />raptors byproviding suitable perches, nesting and feeding
<br />sites, and observation ports or inspection windows during
<br />times when disturbance is felt to be undesirable.
<br />(2) Incubation of eggs. Each permittee must notify the
<br />Director in writing within 5 days from the day the first egg is
<br />laid by any raptor held under a raptor propagation permit,
<br />but notice is not required more often than once every 60
<br />days.
<br />(3) Marking requirement. Unless otherwise specifically
<br />exempted, every raptor possessed for propagation,
<br />including all progeny produced pursuant to the permitted
<br />activity, must be banded in accordance with the following
<br />provisions:
<br />(i) Except for captive-bred raptors lawfully marked with
<br />a seamless, numbered band provided by the Service, any
<br />raptor possessed for propagation purposes shall be banded
<br />with a permanent, non-reusable, numbered band issued by
<br />the Service.
<br />(ii) Unless specifically exempted by the conditions of
<br />the raptor propagation permit, each captive-bred raptor
<br />produced under authority of a raptor propagation permit
<br />shall be banded within two (2) weeks of hatching with a
<br />numbered, seamless band provided by the Service, placed
<br />on the raptor's leg (metatarsus). In marking captive-bred
<br />raptors, permittees:
<br />(A) Shall use a band with an opening (inside diameter)
<br />which is small enough to prevent its removal when the
<br />raptor is fully grown without causing serious injury to the
<br />raptor or damaging the bands integrity orone-piece
<br />construction;
<br />(B) May band a raptor with more than one size band
<br />when the potential diameter of the raptor's leg at maturity
<br />cannot be determined at the time of banding;
<br />(C) Shall remove all but one band from any raptor with
<br />more than one band before the raptor is five (5) weeks of
<br />age and return all bands removed to the issuing office.
<br />(iii) No raptor taken from the wild, produced from an egg
<br />taken from the wild, or produced from an egg from any
<br />source other than bred in captivity under authority of a
<br />raptor propagation permit may be banded with a numbered
<br />seamless band issued by the Service.
<br />(iv) No permittee under this section may band any
<br />raptor with any band issued or authorized by the Service
<br />unless that raptor is lawfully possessed by the permittee.
<br />(4) Taking Raptors or Raptor Eggs from the Wild. Any
<br />permit authorizing the permittee to take raptors or raptor
<br />eggs from the wild for propagation purposes is subject to
<br />the following additional restrictions:
<br />(i) The State or foreign country in which the raptors or
<br />raptor eggs are taken must authorize the permittee in
<br />writing to take raptors or raptor eggs from the wild for
<br />propagation purposes;
<br />(ii) No raptor listed in Sec. 17.11 of this chapter as
<br />"endangered" or "threatened" may betaken from the wild
<br />without first obtaining the proper permit under part 17 of this
<br />chapter; and
<br />(iii) No raptor or raptor egg may betaken from the wild
<br />except in accordance with State law.
<br />(5) Transfer, purchase, sale, orbarterofraptors, raptor
<br />eggs, orraptorsemen.
<br />(i) A permittee may transfer any lawfully possessed
<br />raptor, raptor egg, or raptor semen to another permittee or
<br />transfer any raptor to a falconer who holds a valid State
<br />falconry permit if no money or other consideration is
<br />involved.
<br />(ii) A permittee may transfer, purchase, sell, or barter
<br />any raptor which is banded with a numbered seamless
<br />marker provided or authorized by the Service, subject to the
<br />following conditions:
<br />(A) When the permittee purchases from, sells to, or
<br />barters with any person in the U.S., that person must be
<br />authorized under this part to purchase, sell, or barter
<br />captive-bred raptors;
<br />(B) When the permittee purchases from or barters with
<br />any person in a foreign country, that person must be
<br />authorized by the competent wildlife management authority
<br />of the foreign country in which the transaction occurs to sell
<br />or barter captive-bred raptors; and
<br />(C) When the permittee transfers to, sells to or barters
<br />with any person in a foreign country, that person must be
<br />authorized to possess, purchase or barter captive-bred
<br />raptors by the competent wildlife management authority of
<br />his/her country of residence or domicile and the same
<br />wildlife management authority must certify in writing that
<br />the recipient is an experienced falconer or raptor propagator
<br />who is required to maintain any raptors inhis/her
<br />possession under conditions that are comparable to the
<br />conditions under which a permittee must maintain raptors
<br />under Sec. 21.29 or Sec. 21.30. No certification is required
<br />if the competent wildlife management authority itself is the
<br />recipient ofcaptive-bred raptors for conservation purposes.
<br />(iii) No raptor may be traded, transferred, purchased,
<br />sold, or bartered until it is two weeks old and only after it is
<br />properly banded with a nonreuseable marker provided or
<br />authorized by the Service, unless it is transferred, sold, or
<br />bartered to a State or Federal wildlife management agency
<br />forconservation purposes.
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