[Federal Register Volume 75, Number 4 (Thursday, January 7, 2010)]
[Rules and Regulations]
[Pages 927-932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 21 and 22

[FWS-R9-MB-2009-0002; 91200-1231-9BPP]
RIN 1018-AW44


Migratory Bird Permits; Changes in the Regulations Governing 
Falconry

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service, published a final rule 
in the Federal Register on October 8, 2008, to revise our regulations 
governing falconry in the United States. With this action, we make 
several changes to those regulations to correct inconsistencies and 
oversights and make the regulations clearer.

DATES: This regulations change will be effective on February 8, 2010.

FOR FURTHER INFORMATION CONTACT: Dr. George T. Allen, Division of 
Migratory Bird Management, U.S. Fish and Wildlife Service, 703-358-
1825.

SUPPLEMENTARY INFORMATION: 

Background

    On October 8, 2008, we published a final rule in the Federal 
Register (73 FR 59448) to revise our regulations governing falconry in 
the United States. We eliminated the requirement for a Federal permit 
to practice falconry, and made other changes to make it easier to 
understand the requirements for the practice of falconry, including 
take of raptors from the wild, and the procedures for obtaining a 
falconry permit. The rule also added a provision allowing us to approve 
falconry regulations that Indian Tribes, States, or U.S. territories 
adopt. The rule became effective November 7, 2008, and changed the Code 
of Federal Regulations (CFR) at 50 CFR parts 21 and 22.
    After publication of the rule, we received questions from the 
public

[[Page 928]]

about some aspects of the final rule. On July 22, 2009, we proposed 
revisions to the falconry rule in the Federal Register (75 FR 36158) to 
clarify or correct some provisions in the rule.

Comments on the Proposed Rule

    We received 13 comments on the proposed rule. Several of the 
comments were about provisions in the falconry regulations for which we 
did not propose changes, and therefore are not summarized here.
    Comment. ``With one exception the changes are well thought out and 
will improve the regulations. The exception is your plan to now cite 
for the first time the Birds of Conservation Concern 2008 as 
restricting the take of raptors for falconry. I am not in favor of 
citing or using this document to place further restrictions on the take 
of raptors for falconry. The Federal lists of endangered and threatened 
wildlife, including raptors, currently place appropriate restrictions 
on the take of raptors by falconers. Your agency's environmental 
assessments have repeatedly shown that the take of raptors for falconry 
has no measurable environmental impact on wild raptor populations. Past 
Federal Falconry Regulations have not cited the Birds of Conservation 
Concern 2008. Therefore, citing the Birds of Conservation Concern 2008 
in the new Federal Falconry Regulations does not seem necessary or 
justified from a biological standpoint.
    Furthermore, the thrust of the new Federal Falconry Regulations is 
to turn the regulation of falconry over to the States. States do 
monitor non-game wildlife and have and will in the future place 
restriction of the take of raptors for falconry when there is a 
biological reason to do so. It seems reasonable to let the States 
address the take of Federally non-threatened and non-endangered raptors 
for falconry without a new layer of Federal restrictions. Adding the 
Birds of Conservation Concern 2008 to the new Federal Falconry 
Regulations will have the effect of adding a new layer of restrictions 
that are simply not needed or justified.''
    Response. We have removed the reference to the Birds of 
Conservation Concern (BCC) list, and have specified the raptor species 
that may not be taken from the wild by Apprentices. The listing may 
appear to add a new restriction to the falconry rules, but it does not. 
With the exceptions of eagles and threatened or endangered species, the 
species that Apprentices may take from the wild are already based on 
the status of raptors in the 2002 BCC list, although the regulations 
did not explicitly cite the BCC list. This regulations change is made 
to make the list better match the status of raptor species found in the 
United States. We may change the regulations at a later date if any 
raptor species is added to, or removed from, the BCC list of species of 
national concern.
    Comment. ``The prohibition of a threatened or endangered species is 
unnecessary. This blocks possession of a bird which could come from 
many sources, including rehabilitation where a bird could be flown for 
a season to be trained to survive in the wild. Since the States are 
effectively applying this limitation, this is unnecessary language. At 
the least the prohibition should be for take of these species, not for 
possession.''
    Response. We believe that this comment is about the prohibition on 
possession of threatened or endangered species by Apprentice falconers. 
The list of species available to Apprentices was expanded considerably 
when we revised the falconry regulations. However, because they are 
learning care of raptors and the practice of falconry, we do not 
believe it is advisable for Apprentices to possess threatened or 
endangered species. Apprentices are precluded from possessing only six 
species of threatened or endangered Falconiformes or Strigiformes--only 
one of which is suitable for falconry.
    Comment. ``This proposed change remains unclear regarding 
`organizations' [sic] use of falconry raptors. NAFA and other 
associations as well as State falconry associations appear to be 
negatively impacted by this proposed language. An interpretation of 
this regulation could mean that falconry associations may not use a 
depiction of a falconry raptor in a pamphlet, brochure, video, or other 
medium promoting its organization * * *. We respectfully request this 
be clarified to permit falconry organizations the use of depictions of 
falconry raptors for purposes directly related to falconry and the 
promotion of falconry associations and organizations.
    ``While I appreciate enabling the use of a falconry bird for 
demonstrating and advertising falconry equipment, this is still more 
constrictive than necessary, and certainly more restrictive than other 
countries who are also party to our treaties. This would still block 
use of a falconry bird to photograph for education, such as 
illustrating a medical condition. It would block the photography of a 
bird and the videotaping of the bird to demonstrate training, flying, 
or hunting. And much of the sport is about enjoyment--of our birds, our 
relationship, and the activities. Just filming them for our own 
enjoyment or even profit. As long as these birds held under a falconry 
permit are used primarily for falconry, there is nothing wrong with 
allowing them to be used for many other purposes. I applaud the efforts 
to allow their use for education, abatement, breeding, and even 
rehabilitation (such as parenting orphaned raptors). However this 
section can be interpreted to make anything from falconry catalogs to 
training videos illegal. It appears aimed to ensure no falconer uses 
their bird in a Harry Potter movie, but the potential problems in that 
space are so incredibly minor compared to the risk this introduces to 
activities at the core of falconry. I support erasing the entire 
section which is ill conceived and poorly formed.''
    Response. We agree with some of the concerns expressed by 
commenters, and we have changed the provisions in this paragraph. For 
example, it is acceptable to use a falconry bird in a publication about 
the care or health of raptors. However, we continue to disallow the use 
of falconry raptors in purely commercial endeavors.
    Comment. `` `[I]mprint' definition--I certainly do not try to 
isolate an `imprint' falconry bird from other raptors during the period 
as described in proposed definition. In order to raise a successful 
imprint, one that is not adversely affected by `new' objects & 
circumstance, many feel that it is important to expose the bird to as 
much of the world as one might encounter after training, while out 
hunting, and while in the mew or weathering, & while traveling. Being 
able to raise & train as a falconer deems necessary is important to the 
continued success of the raptor's integration into a different aspect 
of the taking of prey--that means exposure to other raptors (to be seen 
& to see). This is a normal part of a raptor's world and part of a 
falconry bird's learning process. This definition is simply not the 
truth and may be construed to mean that when one trains an imprint, 
they must isolate the bird and part of that is not to allow the bird to 
see other raptors. I understand the need for discussing imprints 
however in truth all birds are imprints. This is not what I believe the 
regulations are speaking to. Encarta dictionary uses a definition for 
imprint as `zoology intransitive verb to learn an attraction to members 
of the same species or substitutes very early in life.' Clearly the 
terminology as correctly used in the course of falconry is that an 
imprint is denoted as a hand raised raptor meaning raising by or 
assisted by human contact * * * [T]he restriction and definition 
provided is invalid and unnecessary

[[Page 929]]

and that the reason for hand raising is for the young raptor to have an 
attraction for or to bond with others, the falconer especially.''
    Response. We believe that the point of this comment is that 
falconry birds need not be isolated from other raptors to imprint on 
humans. We changed the definition accordingly.

Revisions to the Falconry Regulations

    We make the following significant changes to the proposed rule in 
paragraphs (d)(1)(ii)(A)(4), (e)(3), and (f)(9)(ii). In addition to 
these changes, we implement numerous small clarifications or changes to 
make the information or requirements in the regulations consistent.
    (1) We clarify the definition of the term ``imprint'' in 50 CFR 
21.3 by changing the definition to mean a bird that is hand-raised from 
2 weeks of age until it has fledged, and has identified itself with 
humans rather than its own species.
    (2) After publishing the final rule in October 2008, we received 
inquiries about the prohibition in 50 CFR 21.29(c)(3)(i)(E) on 
possession of captive-bred raptors by Apprentice falconers. We 
neglected to clearly prohibit possession of wild raptors of threatened 
or endangered species in this subsection of our final rule. We continue 
to disallow take and possession of eagles and of threatened and 
endangered species by Apprentice falconers, as well as take of raptor 
species of conservation concern, though Apprentice falconers may 
possess lawfully acquired BCC species. We revise paragraph (c)(3)(i)(E) 
to clarify this issue for the public and to clarify that an Apprentice 
falconer may have a hybrid raptor of most species.
    (3) In our October 2008 final rule, we stated in Sec.  
21.29(c)(3)(ii)(C) that, to advance to the level of General Falconer, 
an Apprentice Falconer must ``have practiced falconry with wild 
raptor(s) at the Apprentice Falconer level or equivalent for at least 2 
years, including maintaining, training, flying, and hunting the 
raptor(s) for at least 4 months in each year.'' However, because 
apprentices need not use wild raptors to advance to the General 
Falconer level, we remove the word ``wild'' from this requirement. 
Likewise, we correct Sec.  21.29(g)(5)(ii), to make the requirements 
listed match those in Sec.  21.29(c)(3)(ii)(C). Finally, for the same 
reason, we remove the word ``wild'' from Sec.  21.29(d)(1)(ii)(A).
    (4) We revise paragraph (c)(7)(i) to require banding by replacing 
the words ``in lieu of a'' with the words ``in addition to the'' in the 
second sentence. The four species named in that paragraph must be 
banded with a nonreusable band that we will provide to the State, 
tribe, or territory.
    (5) In our October 2008 final rule, we stated in Sec.  
21.29(d)(1)(ii)(A)(4) that for housing falconry raptors that ``[e]ach 
raptor must have a pan of clean water available.'' In cold weather 
conditions and with some perch types, this requirement is impractical, 
and potentially harmful. We change the requirement to clarify that, if 
practical, a water pan should be made available for a falconry bird.
    (6) In an oversight, our October 2008 final rule stated at Sec.  
21.29(e)(3)(ii) that General or Master falconers ``may take raptors 
less than 1 year of age from the wild during any period or periods 
specified by the State, tribe, or territory.'' We clarify Sec.  
21.29(e)(3)(i) to disallow take of nestlings by Apprentice falconers.
    (7) We correct language in Sec.  21.29(e)(iii) to clarify take of 
golden eagles by Master falconers.
    (8) After our October 2008 final rule was published, we were asked 
about the use of falconry birds in demonstrating or advertising 
falconry-related items such as hoods and telemetry equipment. We add a 
sentence to Sec.  21.29(f)(9)(ii) clarifying that filming, photography, 
or illustration of falconry birds to demonstrate or advertise falconry 
equipment or educational materials, for scientific purposes, and for 
the purposes of nonprofit falconry organizations is allowed.
    (9) We revise the language in paragraph 22.24(b) to make it clear 
that a federal permit is required to take golden eagles under a Federal 
depredation permit or under a depredation control order.
    (10) Finally, we also correct paragraph designations for several 
subparagraphs by indicating that the designations should have published 
in italics to conform with style requirements of the Office of the 
Federal Register, which requires that paragraph designations in the CFR 
follow this order: (a), (1), (i), (A), (1), and (i).

Required Determinations

Regulatory Planning and Review

    The Office of Management and Budget (OMB) has determined that this 
proposed rule is not significant under Executive Order 12866. OMB bases 
its determination upon the following four criteria:
    a. Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    b. Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    c. Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    d. Whether the rule raises novel legal or policy issues.

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. 104-121)), 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 entities (that 
is, 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 have determined that this action will not have a 
significant economic impact on a substantial number of small entities 
because the changes we are proposing are intended primarily to clarify 
and correct small problems with the published regulations.
    Consequently, we certify that because this proposed rule will not 
have a significant economic effect on a substantial number of small 
entities, a regulatory flexibility analysis is not required.
    This rule is not a major rule under the SBREFA (5 U.S.C. 804(2)). 
It will not have a significant economic impact on a substantial number 
of small entities.
    a. This rule does not have an annual effect on the economy of $100 
million or more. There are no costs to permittees or any other part of 
the economy associated with these regulation changes.
    b. This rule will not cause a major increase in costs or prices for 
consumers, individual industries,

[[Page 930]]

Federal, State, or local government agencies, or geographic regions. 
The practice of falconry does not significantly affect costs or prices 
in any sector of the economy.
    c. This rule 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. Falconry is an endeavor of private individuals. Neither 
regulation nor practice of falconry significantly affects business 
activities.

Unfunded Mandates Reform Act

    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. Neither 
regulation nor practice of falconry affects small government 
activities.
    b. This rule will not produce a Federal mandate of $100 million or 
greater in any year; i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. Though States may have 
to revise their falconry regulations to comply with the proposed 
revisions, nearly every State already has falconry regulations in 
place. Therefore, revisions of the State regulations should not be 
significant.

Takings

    In accordance with E.O. 12630, the rule does not have significant 
takings implications. A takings implication assessment is not required. 
This rule does not contain a provision for taking of private property.

Federalism

    This rule does not have sufficient Federalism effects to warrant 
preparation of a Federalism assessment under E.O. 13132. It will not 
interfere with the States' ability to manage themselves or their funds. 
No significant economic impacts are expected to result from the 
regulation of falconry. However, this rule provides the opportunity for 
States to cooperate in management of falconry permits and to ease the 
permitting process for permit applicants.

Civil Justice Reform

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

Paperwork Reduction Act

    We examined this rule under the Paperwork Reduction Act of 1995. 
OMB has approved the information collection requirements of the 
Migratory Bird Permits Program and assigned OMB control number 1018-
0022, which expires November 30, 2010. This regulation change does not 
add to the approved information collection. Information from the 
collection is used to document take of raptors from the wild for use in 
falconry and to document transfers of raptors held for falconry between 
permittees. A Federal agency may not conduct or sponsor and a person is 
not required to respond to a collection of information unless it 
displays a currently valid OMB control number.

National Environmental Policy Act

    We evaluated the environmental impacts of the significant changes 
to these regulations, and determined that the clarifications and 
corrections in this rule do not have any environmental impacts. Within 
the spirit and intent of the Council on Environmental Quality's 
regulations for implementing the National Environmental Policy Act 
(NEPA), and other statutes, orders, and policies that protect fish and 
wildlife resources, we determined that these regulatory changes do not 
have a significant effect on the human environment.
    Under the guidance in Appendix 1 of the Department of the Interior 
Manual at 516 DM 8, we conclude that the regulatory changes are 
categorically excluded because they ``have no or minor potential 
environmental impact'' (516 DM 8.5(A)(1)). No more comprehensive NEPA 
analysis of the regulations change is required.

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), Executive Order 13175, and 512 DM 2, we 
have evaluated potential effects on Federally recognized Indian Tribes 
and have determined that this rule will not interfere with tribes' 
ability to manage themselves or their funds or to regulate falconry on 
Tribal lands.

Energy Supply, Distribution, or Use

    E.O. 13211 requires agencies to prepare Statements of Energy 
Effects when undertaking certain actions. Because this rule only 
affects the practice of falconry in the United States, it is not a 
significant regulatory action under E.O. 12866, and will not 
significantly affect energy supplies, distribution, or use. Therefore, 
this action is not a significant energy action and no Statement of 
Energy Effects is required.

Environmental Consequences of the Proposed Action

    The changes we propose are primarily in the combining, 
reorganizing, and rewriting of the regulations. The environmental 
impacts of this action are negligible.
    Socioeconomic. The proposed action will have no socioeconomic 
impacts.
    Raptor populations. This rule will not change the effects of 
falconry on raptor populations.
    Endangered and Threatened Species. This proposed rule has language 
additions or changes that clarify protections for endangered and 
threatened species. The rule does not itself make any changes to those 
protections.

Compliance With Endangered Species Act Requirements

    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 him and utilize 
such programs in furtherance of the purposes of this chapter'' (16 
U.S.C. 1536(a)(1)). It further states that the Secretary must ``insure 
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)). These regulatory 
corrections and clarifications will not affect threatened or endangered 
species or their habitats in the United States.

List of Subjects

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.

0
For the reasons stated in the preamble, we amend part 21 of subpart C, 
subchapter B, chapter I, title 50 of the Code of Federal Regulations, 
as follows:

PART 21--MIGRATORY BIRD PERMITS

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


[[Page 931]]


    Authority: Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 
703); Public Law 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public 
Law 106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.


Sec.  21.3  [Amended]

0
2. Amend Sec.  21.3 in the definition of the term ``Imprint'' by 
removing the first sentence and adding in its place the sentence 
``Imprint, for the purposes of falconry, means a bird that is hand-
raised, from 2 weeks of age until it has fledged, and has identified 
itself with humans rather than its own species.''


Sec.  21.29  [Amended]

0
3. Amend Sec.  21.29 as follows:
0
a. Redesignate paragraphs (c)(3)(i)(C)(1), (2), and (3) as paragraphs 
(c)(3)(i)(C)(1), (2), and (3);
0
b. Revise paragraph (c)(3)(i)(E) to read as set forth below;
0
c. Amend paragraph (c)(3)(ii)(C) by removing the word ``wild'' from the 
first sentence;
0
d. Amend paragraph (c)(3)(iii) (C) by adding the words ``for use in 
falconry'' at the end of the paragraph;
0
e. Redesignate paragraphs (c)(3)(iv)(A)(1) and (2) as paragraphs 
(c)(3)(iv)(A)(1) and (2);
0
f. Amend newly redesignated paragraph (c)(3)(iv)(A)(2) by removing the 
words ``(Buteo regalis)'' from the first sentence;
0
g. Amend paragraph (c)(3)(iv)(B) by adding the words ``for use in 
falconry'' at the end of the paragraph;
0
h. Revise paragraphs (c)(7)(i) and (ii) to read as set forth below;
0
i. Amend paragraph (c)(7)(iii)(A) by removing the words ``immediately 
upon'' and adding in their place the words ``within 10 days of'';
0
j. Amend paragraph (d)(1)(ii)(A) by removing the word ``wild'';
0
k. Redesignate paragraphs (d)(1)(ii)(A)(1), (2), (3), and (4) as 
paragraphs (d)(1)(ii)(A)(1), (2), (3), and (4);
0
l. Revise newly redesignated paragraph (d)(1)(ii)(A)(4) to read as set 
forth below;
0
m. Redesignate paragraphs (d)(1)(ii)(B)(1) and (2) as paragraphs 
(d)(1)(ii)(B)(1) and (2) and paragraphs (d)(1)(ii)(D)(1), (2), and (3) 
as paragraphs (d)(1)(ii)(D)(1), (2), and (3);
0
n. Revise paragraph (d)(2)(ii) to read as set forth below;
0
o. Amend paragraph (d)(4) by, in the last sentence, removing the words 
``your home'' and adding in their place the words ``the permanent 
facility where it is housed'';
0
p. Revise paragraphs (d)(9), (e)(1)(v), and (e)(3)(i) to read as set 
forth below;
0
q. Amend paragraph (e)(3)(ii) by adding the word ``only'' between the 
words ``take'' and ``raptors'' in the first sentence;
0
r. Remove paragraphs (e)(3)(iii) and (e)(3)(iii)(A) and (B); 
redesignate paragraphs (e)(3)(iii)(C), (D), and (E) as paragraphs 
(e)(3)(iii)(E), (F), and (G); and add new paragraphs (e)(3)(iii) and 
(e)(3)(iii)(A) through (D) to read as set forth below;
0
s. Redesignate paragraphs (e)(3)(vi)(C)(1) and (2) as paragraphs 
(e)(3)(vi)(C)(1) and (2);
0
t. Amend the heading of paragraph (e)(6) by removing the word 
``release'';
0
u. Amend paragraph (e)(8) by removing the words ``at least two 
attached'' and adding in their place the words ``attached at least two 
functioning'';
0
v. Amend paragraph (e)(9)(i) by removing the word ``species'' and 
adding in its place the word ``raptor'' and by adding the word 
``permanently'' between the words ``not'' and ``release'';
0
w. Remove paragraph (e)(9)(iv);
0
x. Amend paragraph (f)(5)(ii)(A) by removing the words ``When you 
transfer the bird'' and adding in their place the words ``Within 10 
days of transferring the bird'';
0
y. Amend paragraph (f)(9)(ii) by revising the text and adding 
paragraphs (A) and (B) to read as set forth below; and
0
z. Amend paragraph (g)(5)(ii) by removing the words ``taken from the 
wild'' and ``an average of 6 months per year, with.''

Sec.  21.29  Falconry standards and falconry permitting.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (E) You may possess a raptor of any Falconiform or Strigiform 
species, including wild, captive-bred, or hybrid individuals, except a 
federally listed threatened or endangered species, a bald eagle 
(Haliaeetus leucocephalus), a white-tailed eagle (Haliaeetus 
albicilla), a Steller's sea-eagle (Haliaeetus pelagicus), or a golden 
eagle (Aquila chrysaetos).
* * * * *
    (7) * * *
    (i) If you take a goshawk, Harris's hawk (Parabuteo unicinctus), 
peregrine falcon (Falco peregrinus), or gyrfalcon (Falco rusticolus) 
from the wild or acquire one from another falconer or a rehabilitator, 
and if the raptor is not already banded, you must band it with a 
permanent, nonreusable, numbered U.S. Fish and Wildlife Service leg 
band that your State, tribal, or territorial agency will supply. If you 
wish, you may purchase and implant an ISO (International Organization 
for Standardization)-compliant (134.2 kHz) microchip in addition to the 
band. You must report the band number when you report your acquisition 
of the bird. Contact your State, tribal, or territorial agency for 
information on obtaining and disposing of bands. Within 10 days from 
the day on which you take the raptor from the wild, you must report 
take of the bird by entering the required information (including the 
band number) in the electronic database at http://permits.fws.gov/186A 
or, if required by your permitting agency, by submitting a paper form 
3-186A to your State, tribal, or territorial agency that governs 
falconry. You may request an appropriate band from your State, tribal, 
or territorial agency in advance of any effort to capture a raptor. 
Your State, tribe, or territory may require that you band other species 
taken from the wild.
    (ii) A raptor bred in captivity must be banded with a seamless 
metal band (see Sec.  21.30). If you must remove a seamless band or if 
it is lost, within 10 days from the day you remove or note the loss of 
the band, you must report it and request a replacement U.S. Fish and 
Wildlife Service nonreusable band from your State, tribe, or territory. 
You must submit the required information electronically immediately 
upon rebanding the raptor at http://permits.fws.gov/186A or, if 
required by your permitting agency, by submitting a paper form 3-186A 
to your State, tribal, or territorial agency that governs falconry. You 
must replace a seamless band that is removed or lost. You may implant 
an ISO-compliant (134.2 kHz) microchip in a falconry raptor in addition 
to the seamless band.
* * * * *
    (d) * * *
    (1) * * *
    (ii) * * *
    (A) * * *
    (4) Each falconry bird must have access to a pan of clean water 
unless weather conditions, the perch type used, or some other factor 
makes access to a water pan unsafe for the raptor.
* * * * *
    (2) * * *
    (ii) You must submit to your State, tribal, or territorial agency 
that regulates falconry a signed and dated statement showing that you 
agree that the falconry facilities and raptors may be inspected without 
advance notice by State, tribal (if applicable), or territorial 
authorities at any reasonable time of day, but you must be present. If 
your facilities are not on property that you own, you must submit a 
signed and dated statement

[[Page 932]]

showing that the property owner agrees that the falconry facilities and 
raptors may be inspected by State, tribal (if applicable), or 
territorial authorities at any reasonable time of day in the presence 
of the property owner; except that the authorities may not enter the 
facilities or disturb the raptors unless you are present.
* * * * *
    (9) Falconry equipment and records may be inspected in the presence 
of the permittee during business hours on any day of the week by State, 
tribal, or territorial officials.
* * * * *
    (e) * * *
    (1) * * *
    (v) If you are a Master Falconer and your State, tribe, or 
territory allows you to possess golden eagles, in any year you may take 
up to two golden eagles from the wild and only in a livestock 
depredation area during the time the depredation area and associated 
depredation permit or depredation control order are in effect. A 
livestock depredation area is declared by USDA Wildlife Services and 
permitted under Sec.  22.23, or upon the request of a State governor 
and authorized by the Service Director pursuant to Sec. Sec.  22.31 and 
22.32.
* * * * *
    (3) * * *
    (i) If you are an Apprentice Falconer, you may take raptors less 
than 1 year old, except nestlings, from the wild during any period or 
periods specified by the State, tribe, or territory. You may take any 
raptor species from the wild except a federally listed threatened or 
endangered species or the following species: Bald eagle (Haliaeetus 
leucocephalus), white-tailed eagle (Haliaeetus albicilla), Steller's 
sea-eagle (Haliaeetus pelagicus), golden eagle (Aquila chrysaetos), 
American swallow-tailed kite (Elanoides forficatus), Swainson's hawk 
(Buteo swainsoni), peregrine falcon (Falco peregrinus), flammulated owl 
(Otus flammeolus), elf owl (Micrathene whitneyi), and short-eared owl 
(Asio flammeus).
* * * * *
    (iii) If you are a Master Falconer authorized to possess golden 
eagles for use in falconry, you may capture a golden eagle in a 
livestock or wildlife depredation area during the time the depredation 
area and associated depredation permit or depredation control order are 
in effect.
    (A) You may capture an immature or subadult golden eagle.
    (B) You may take a nestling from its nest in a livestock 
depredation area if a biologist representing the agency responsible for 
declaring the depredation area has determined that the adult eagle is 
preying on livestock or wildlife.
    (C) You may take a nesting adult golden eagle only if a biologist 
representing the agency responsible for declaring the depredation area 
has determined that the adult eagle is preying on livestock or wildlife 
and that any nestling of the adult will be taken by a falconer 
authorized to possess it or by the biologist and transferred to an 
individual authorized to possess it.
    (D) You must determine the locations of the livestock or wildlife 
depredation areas declared by USDA Wildlife Services, or published in 
the Federal Register by the Service in response to a State governor's 
request. We will not notify you about them.
* * * * *
    (f) * * *
    (9) * * *
    (ii) You may not use falconry raptors for commercial entertainment; 
for advertisements; as a representation of any business, company, 
corporation, or other organization; or for promotion or endorsement of 
any products, merchandise, goods, services, meetings, or fairs, with 
the following exceptions:
    (A) You may use a falconry raptor to promote or endorse a nonprofit 
falconry organization or association.
    (B) You may use a falconry raptor to promote or endorse products or 
endeavors related to falconry, including, but not limited to items such 
as hoods, telemetry equipment, giant hoods, perches, materials for 
raptor facilities, falconry training and education materials, and 
scientific research and publication.
* * * * *

PART 22--EAGLE PERMITS

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

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


0
5. Revise Sec.  22.24(b) as follows:


Sec.  22.24  Permits for falconry purposes.

* * * * *
    (b) Transfer of golden eagles trapped by government employees to 
other permittees. If you have the necessary permit(s) from your State, 
tribe, or territory, a government employee who has trapped a golden 
eagle under a Federal depredation permit or under a depredation control 
order may transfer the bird to you if he or she cannot release the 
eagle in an appropriate location. A golden eagle may only be taken from 
a livestock or wildlife depredation area declared by USDA Wildlife 
Services and permitted under Sec.  22.23, or from a livestock 
depredation area authorized in accordance with Subpart D, Depredation 
Control Orders on Golden Eagles.

Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-12 Filed 1-6-10; 8:45 am]
BILLING CODE P