Title 50—Wildlife and Fisheries--Volume 1
PART 19—AIRBORNE HUNTING
§ 19.1   Purpose of regulations.
The regulations contained in this part provide rules relative to the prohibition against shooting or harassing of wildlife from any aircraft, provide the requirements for the contents and filing of annual reports by the States regarding permits issued for such shooting or harassing, and provide regulations necessary for effective enforcement of the Fish and Wildlife Act of 1956 as amended (16 U.S.C. 742a—j-1).
§ 19.2   Scope of regulations.
The regulations contained in this part apply to all persons within the territorial jurisdiction of the United States, to all United States citizens whether within the territorial jurisdiction of the United States or on the high seas or on board aircraft in flight over the high seas, and to all persons on board aircraft belonging in whole or in part to any United States citizen, firm, or partnership, or corporation created by or under the laws of the United States, or any State, territory or possession thereof.
§ 19.3   Relation to other laws.
The exemptions to general prohibitions of the Fish and Wildlife Act of 1956, that permit airborne hunting in certain circumstances (See subpart B of this part) do not supersede, or authorize the violation of, other laws designed for the conservation or protection of wildlife, including those laws prohibiting the shooting or harassing of bald and golden eagles, polar bears and other marine mammals, migratory birds, and other wildlife, except to the extent that airborne hunting is authorized by regulations or permits issued under authority of those laws. (See e.g., § 21.100 of this subchapter.)
§ 19.4   Definitions.
In addition to definitions contained in part 10 of this subchapter, and unless the context otherwise requires, in this part 19:
Harass means to disturb, worry, molest, rally, concentrate, harry, chase, drive, herd or torment.
§ 19.11   General prohibitions.
(a) Except as otherwise authorized by the Fish and Wildlife Act of 1956 as amended, no person shall:
(1) While airborne in any aircraft shoot or attempt to shoot for the purpose of capturing or killing any wildlife;
(2) Use an aircraft to harass any wildlife; or
(3) Knowingly participate in using an aircraft whether in the aircraft or on the ground for any purpose referred to in paragraph (a) (1) or (2) of this section.
(b) The acts prohibited in this section include, but are not limited to, any person who:
(1) Pilots or assists in the operation of an aircraft from which another person shoots or shoots at wildlife while airborne, or
(2) While on the ground takes or attempts to take any wildlife by means, aid, or use of an aircraft.
§ 19.12   Exceptions to general prohibitions.
The prohibitions of the preceding section shall not apply to any person who:
(1) Is acting within the scope of his official duties as an employee or authorized agent of a State or the United States to administer or protect or aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life or crops; or
(2) Is acting within the limitations of a permit referred to in § 19.21 or § 19.31 of this part.
§ 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.
§ 19.31   State permits.
(a) Except as provided in § 19.3, States may issue permits to persons to engage in airborne hunting or harassing of wildlife for purposes of administering or protecting land, water, wildlife, livestock, domestic animals, human life or crops. States may not issue permits for the purpose of sport hunting.
(b) Upon issuance of a permit by a State to a person pursuant to this section, the issuing authority will provide immediate notification to the Special Agent in Charge having jurisdiction according to § 10.22.
§ 19.32   Annual reporting requirements.
(a) Any State issuing permits to persons to engage in airborne hunting or harassing of wildlife or any State whose employees or agents participate in airborne hunting or harassing of wildlife for purposes of administering or protecting land, water, wildlife, livestock, domestic animals, human life or crops, shall file with the Director, an annual report on or before July 1 for the preceding calendar year ending December 31.
(b) The annual report required by this section shall contain the following information as to each such permit issued:
(1) The name and address of each person to whom a permit was issued.
(2) Permit number and inclusive dates during which permit was valid.
(3) The aircraft number of the aircraft used and the location where such aircraft was based.
(4) Common name and number of the wildlife for which authorization to take was given and a description of the area from which the wildlife were authorized to be taken.
(5) The purpose for which the permit was issued, specifically identifying whether the permit was issued to protect land, water, wildlife, livestock, domestic animals, crops, or human life.
(6) The common name and number of wildlife taken by permittees and State employees or agents.
(c) A compilation of all annual reports required by this section shall be made by the Director and furnished to any State filing such annual report.