107026 Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Rules and Regulations 

5Public Law 108–447, 118 Stat. 2809, 3268, note 

following 5 U.S.C. 552a (Dec. 4, 2014). 

6Public Law 107–347, sec. 208, 116 Stat. 2899, 

2921 (Dec. 17, 2002). 

H. Privacy 

The Consolidated Appropriations Act, 

2005,5 requires the Agency to assess the 

privacy impact of a regulation that will 

affect the privacy of individuals. This 

rule will not change any previously 

analyzed collections of personally 

identifiable information. 

The Privacy Act (5 U.S.C. 552a) 

applies only to Federal agencies and any 

non-Federal agency that receives 

records contained in a system of records 

from a Federal agency for use in a 

matching program. 

The E-Government Act of 2002,6

requires Federal agencies to conduct a 

Privacy Impact Assessment (PIA) for 

new or substantially changed 

technology that collects, maintains, or 

disseminates information in an 

identifiable form. No new or 

substantially changed technology will 

collect, maintain, or disseminate 

information as a result of this rule. 

Accordingly, FMCSA has not conducted 

a PIA. However, FMCSA will publish a 

PIA and a System of Records Notice 

covering all information that will be 

collected in the new online registration 

system. 

In addition, the Agency submitted a 

Privacy Threshold Assessment (PTA) to 

evaluate the risks and effects the 

proposed rulemaking might have on 

collecting, storing, and sharing 

personally identifiable information. The 

PTA was adjudicated by DOT’s Chief 

Privacy Officer on November 21, 2024. 

I. E.O. 13175 (Indian Tribal 

Governments) 

This rule does not have Tribal 

implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, because it 

will not have a substantial direct effect 

on one or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

J. National Environmental Policy Act of 

1969 

FMCSA analyzed this rule pursuant to 

the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.) and 

determined this action is categorically 

excluded from further analysis and 

documentation in an environmental 

assessment or environmental impact 

statement under FMCSA Order 5610.1 

(69 FR 9680), appendix 2, paragraphs 

(6.k) and (6.q). The categorical 

exclusions (CEs) in paragraphs (6.k) and 

(6.q) cover broker activities and 

implementation of record preservation. 

The requirements in this rule are 

covered by these CEs. 

List of Subjects 

49 CFR Part 386 

Administrative practice and 

procedure, Brokers, Freight forwarders, 

Hazardous materials transportation, 

Highway safety, Highway and roads, 

Motor carriers, Motor vehicle safety, 

Penalties. 

49 CFR Part 387 

Buses, Freight, Freight forwarders, 

Hazardous materials transportation, 

Highway safety, Insurance, 

Intergovernmental relations, Motor 

carriers, Motor vehicle safety, Moving of 

household goods, Penalties, Reporting 

and recordkeeping requirements, Surety 

bonds. 

For the reasons set forth in the 

preamble, FMCSA amends 49 CFR parts 

386 and 387 as follows: 

PART 386—RULES OF PRACTICE FOR 

FMCSA PROCEEDINGS 

■ 1. The authority citation for part 386 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note; 49 U.S.C. 

113, 1301 note, 31306a; 49 U.S.C. chapters 5, 

51, 131–141, 145–149, 311, 313, and 315; and 

49 CFR 1.81, 1.87. 

■ 2. Amend appendix B by revising and 

republishing paragraph (g)(24) to read as 

follows: 

Appendix B to Part 386—Penalty 

Schedule: Violations and Monetary 

Penalties 

* * * * * 

(g) * * * 

(24) Beginning on January 16, 2026, a 

surety company or financial institution 

for a broker or freight forwarder 

pursuant to § 387.307 of this subchapter 

that violates 49 U.S.C. 13906(b) or (c) or 

§ 387.307: 

(i) Is liable to the United States for a 

penalty of $12,882 for each violation; 

and 

(ii) Will be ineligible to provide 

broker financial security for 3 years. 

* * * * * 

PART 387—MINIMUM LEVELS OF 

FINANCIAL RESPONSIBILITY FOR 

MOTOR CARRIERS 

■ 3. The authority citation for part 387 

continues to read as follows: 

Authority: 49 U.S.C. 13101, 13301, 13906, 

13908, 14701, 31138, 31139; sec. 204(a), Pub. 

L. 104–88, 109 Stat. 803, 941; and 49 CFR 

1.87. 

■ 4. Amend § 387.307 by: 

■ a. Lifting the stay of the section; 

■ b. Revising the introductory text and 

paragraphs (b) and (c)(6); 

■ c. Removing paragraph (c)(7); 

■ d. Redesignating paragraph (c)(8) as 

paragraph (c)(7); and 

■ e. Staying the section until January 16, 

2026. 

The revisions read as follows: 

§ 387.307 Property broker surety bond or 

trust fund. 

This section is effective January 16, 

2026. 

* * * * * 

(b) Acceptable assets. Trust funds 

under this section must contain assets 

aggregating to $75,000 that can be 

liquidated to cash within 7 calendar 

days. Acceptable assets included in any 

trust fund filed under this section are 

limited to cash, irrevocable letters of 

credit issued by a federally insured 

depository institution, and Treasury 

bonds. 

(c) * * * 

(6) An insurance company; or 

* * * * * 

■ 5. Amend § 387.307T by revising the 

introductory text to read as follows: 

§ 387.307T Property broker surety bond or 

trust fund. 

This section will remain in effect 

until January 16, 2026. 

* * * * * 

Issued under the authority of delegation in 

49 CFR 1.87. 

Vincent G. White, 

Deputy Administrator. 

[FR Doc. 2024–30509 Filed 12–30–24; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, are revising current 

regulatory authorizations and adding 


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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 Info_Coll@fws.gov 

(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: MB_mail@fws.gov. 

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-ofcontact 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 


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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 

§ 21.12(d) to § 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/avmaguidelines-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 (§ 21.95). 

We add a new authorization at § 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 (§ 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 (§ 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 repository@fws.gov 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 (§ 22.60). 

Public Institutions—Exhibition Use of 

Specimens Authorization (revised) 

Previously, a Service regulation (at 

§ 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 § 21.12(b)(1) 

with the regulatory authorization for 

exhibition use of specimens at § 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. 


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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 § 21.12(b)(1) may continue 

activities currently authorized by 

§ 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 § 21.12(b)(1) email the 

Service at migbirdpermits@fws.gov 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 

(§ 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 § 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 § 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 §§ 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 (§ 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 


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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 

§§ 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 nondisease-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 (§ 21.73). 

Natural Resource Agency Employees 

Authorization (new) 

With this regulation, the Service 

establishes a new regulatory 

authorization at § 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 (§ 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 § 21.95. 

This authorization extends the 

authorization at § 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 

§§ 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 §§ 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 

§ 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 

§ 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 (§ 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, 


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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 (§ 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 (§ 21.95) or for eagle 

harassment associated with monitoring 

using aircraft with eagle incidental take 

permits (§ 22.250 or § 22.260, 

respectively); preconstruction surveys 

conducted by Federal or State 

employees will continue to be 

authorized under § 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 § 21.5 and § 22.5. The regulations at 

50 CFR part 13 describe general permit 

procedures, including issuance of 

permits (§ 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 §§ 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 § 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 (§ 21.76), falconry 

standards and falconry permitting 

(§ 21.82), raptor propagation permitting 

(§ 21.85), and eagle scientific and 

exhibition permits (§ 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 (§ 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 § 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 § 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 §§ 21.5 and 22.5 to adopt 

the factors set forth in part 13. After 

further review, we have revised the 

proposed language for §§ 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 § 21.14. 

5. Salvage authorization—We 

reorganized proposed § 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 § 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 § 21.4(a) to § 21.18, and to clarify how 

pre-Eagle Act specimens may be 

displayed, we added a reference to 

§ 22.4(a) to § 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 § 21.20; 

however, in this final rule, we are 

placing this authorization at § 21.22 to 

allow for a future rule to set forth a 

different provision at § 21.20. In § 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 

§ 21.32, we added examples to further 

clarify what we consider to be a 


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qualified mortality event. We also added 

instructions for who to contact when a 

mortality event involves eagles. 

9. Natural resource agency employees 

authorization—In § 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 § 21.70 to correct an incorrect 

address that we discovered after 

publishing the proposed rule. 

11. Rehabilitation permits—In § 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 § 21.14 to further clarify 

purpose and scope. This provision does 

not authorize possession of or 

incubating eggs. As stated in 

§ 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/livingaround-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/avmapolicies/avma-guidelines-euthanasiaanimals with free public access. 

Comment. The Service should 

consider developing a voluntary selfreporting 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 § 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 largescale salvage operations at commercial 

facilities, including standardized 

specimen trials conducted at wind and 

solar energy facilities. 

Response. The Service agrees. Largescale salvage operations that would 

require possession of migratory bird 

specimens do not qualify under § 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 (§ 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 (§ 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 

§ 21.16(a)(1) states that all salvaged 

specimens must be disposed of within 

7 calendar days. We added language to 

§ 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 


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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 

(§ 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 

(§ 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 § 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 

§ 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 § 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 § 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 § 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 § 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 § 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. 


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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 §§ 21.41 and 21.23 

as options for authorizing the use of 

UAS under § 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 § 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 

§ 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 


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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 


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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-lawenforcement 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. § 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. § 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. § 21.34—Natural resource agency 

employees may transport sick, injured, 

or orphaned birds in accordance with 

§ 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. § 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. § 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. § 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. § 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. 


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b. § 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. § 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. § 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. § 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. § 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. § 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. § 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. § 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. § 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. § 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 Info_Coll@fws.gov. 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 


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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 

■ 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). 

■ 2. Revise § 19.21 to read as follows: 

§ 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 

■ 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 

■ 4. Amend § 21.4 by: 

■ a. Revising the section heading; 

■ b. In paragraph (a), removing the word 

‘‘Provide’’ and adding in its place the 

word ‘‘Provided ’’; and 

■ c. Revising paragraph (b). 

The revisions read as follows: 

§ 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) § 21.16: Authorization—salvage; 

(ii) § 21.22: Authorization—licensed 

veterinarians; 

(iii) § 21.32: Authorization—mortality 

events; 

(iv) § 21.34: Authorization—natural 

resource agency employees; and 

(v) § 21.40: Authorization—law 

enforcement personnel. 


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(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) § 21.63: Taxidermist permits; 

(ii) § 21.70: Banding or marking 

permits; 

(iii) § 21.76: Rehabilitation permits; 

and 

(iv) § 21.82: Falconry standards and 

falconry permitting. 

* * * * * 

■ 5. Add § 21.5 to read as follows: 

§ 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 § 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. 

■ 6. Amend § 21.6 by adding a 

definition for ‘‘Humane and healthful 

conditions’’ in alphabetic order to read 

as follows: 

§ 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. 

* * * * * 

■ 7. Revise the heading of subpart B to 

read as follows: 

Subpart B—Regulatory Authorizations 

for Migratory Birds 

* * * * * 

■ 8. Add § 21.14 to read as follows: 

§ 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 § 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. 

■ 9. Add § 21.16 to read as follows: 

§ 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. 


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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. 

■ 10. Add § 21.18 to read as follows: 

§ 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 (§ 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 (§ 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 § 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 


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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. 

■ 11. Add § 21.22 to read as follows: 

§ 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 

§ 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 § 21.76(e)(4)(vi) and 

dispose of dead bald eagles and golden 

eagles in accordance with 

§ 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 (§ 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 §§ 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. 

■ 12. Add § 21.32 to read as follows: 

§ 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 (§ 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. 

■ 13. Add § 21.34 to read as follows: 

§ 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 (§ 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 (§ 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 inuse nests for exhibition use. 

(3) Transport. Natural resource agency 

employees may transport sick, injured, 

or orphaned birds in accordance with 

§ 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. 


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(4) Relocate. Natural resource agency 

employees may trap and relocate 

migratory birds, nests, eggs, and chicks 

in accordance with § 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 § 21.6 and 

§ 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. 

■ 14. Add § 21.40 to read as follows: 

§ 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 

§ 21.70 [Amended] 

■ 15. In § 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’’. 

■ 16. Amend § 21.76 by revising 

paragraphs (a), (e)(1), and (e)(4)(vi)(A) to 

read as follows: 

§ 21.76 Rehabilitation permits. 

(a) What is the permit requirement? 

Except as provided in § 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. 

* * * * * 

■ 17. Amend § 21.82 by revising 

paragraphs (f)(12)(ii) and (v) and 

(f)(13)(ii) to read as follows: 

§ 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. 

* * * * * 

■ 18. Amend § 21.85 by revising the 

section heading and paragraph (k)(1) to 

read as follows: 

§ 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 

■ 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 

■ 20. Add § 22.5 to read as follows: 

§ 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 


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Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Rules and Regulations 107043 

Act or Bald and Golden Eagle Protection 

Act revoked in accordance with § 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. 

■ 21. Amend § 22.6 by adding a 

definition for ‘‘Humane and healthful 

conditions’’ in alphabetic order to read 

as follows: 

§ 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. 

* * * * * 

■ 22. Add § 22.15 under a new subpart 

B to read as follows: 

Subpart B—Regulatory Authorizations 

for Eagles 

§ 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 (§ 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 (§ 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 

§ 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 

■ 23. Amend § 22.50 by revising the 

section heading and the undesignated 

introductory paragraph to read as 

follows: 

§ 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 

(§ 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 


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