59448 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Parts 21 and 22 

[FWS-R9-MB-2008-0039] [91200-1231-9BPP] 

RIN 1018-AG11 

Migratory Bird Permits; Changes in the 

Regulations Governing Falconry 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, change the regulations 

governing falconry in the United States. 

We have reorganized the regulations 

and added or changed some provisions 

in them. In particular, we have 

eliminated the requirement for a Federal 

permit to practice falconry. The changes 

will 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. This rule 

also adds a provision allowing us to 

approve falconry regulations that Indian 

Tribes or U.S. territories adopt. State, 

tribal, or territorial laws and regulations 

governing falconry must meet the 

standards in these regulations by 

January 1, 2014, at which time the 

Federal permit program will be 

discontinued. 

DATES: These regulations are effective 

November 7, 2008. 

FOR FURTHER INFORMATION CONTACT: Dr. 

George T. Allen, Division of Migratory 

Bird Management, at 703-358-1825. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The U.S. Fish and Wildlife Service is 

the Federal agency with the primary 

responsibility for managing migratory 

birds. Our authority is based on the 

Migratory Bird Treaty Act (MBTA) (16 

U.S.C. 703 et seq.), which implements 

conventions with Great Britain (for 

Canada), Mexico, Japan, and the Soviet 

Union (Russia). Raptors (birds of prey) 

are afforded Federal protection by the 

1972 amendment to the Convention for 

the Protection of Migratory Birds and 

Game Animals, February 7, 1936, 

United States—Mexico, as amended; the 

Convention between the United States 

and Japan for the Protection of 

Migratory Birds in Danger of Extinction 

and Their Environment, September 19, 

1974; and the Convention Between the 

United States of America and the Union 

of Soviet Socialist Republics (Russia) 

Concerning the Conservation of 

Migratory Birds and Their Environment, 

November 26, 1976. 

The taking and possession of raptors 

are strictly prohibited except as 

permitted under regulations 

implementing the MBTA. The 

regulations govern the issuance of 

permits for activities with migratory 

birds. They are in title 50, Code of 

Federal Regulations, parts 10, 13, 21, 

and 22. Raptors also may be protected 

by State, tribal, and territorial 

regulations. 

Our authority also is based on the 

Bald and Golden Eagle Protection Act 

(16 U.S.C. 668-668d). The Eagle Act 

extends additional protections for bald 

eagles and golden eagles, and addresses 

some human activities that may affect 

these species. The Act specifies 

circumstances under which falconers 

may take golden eagles from the wild. 

We proposed revisions to the 

regulations governing falconry on 

February 9, 2005 (70 FR 6978-6992). We 

did so to address changes in the practice 

of falconry and to respond to a request 

from the Association of Fish and 

Wildlife Agencies that we consider 

eliminating duplicative Federal/State 

falconry permitting. The rule was open 

for comment for 90 days. 

Regulations for falconry schools are 

not covered under this rule. We have 

concluded that falconry schools are 

most appropriately addressed under 

regulations governing education with 

migratory birds, and these regulations 

are under development. 

II. Changes in the Regulations 

Governing Falconry 

We have rewritten the regulations in 

plain language and have changed or 

added some provisions. The following 

are notable substantive changes. In this 

SUPPLEMENTARY INFORMATION section, 

‘‘States’’ refers to States, the District of 

Columbia, and territories under the 

jurisdiction of the United States. 

1. After adoption of these regulations, 

a State, tribal, or territorial falconry 

permit will suffice for the practice of 

falconry. A dual State/Federal 

permitting system has been in place 

since implementation of Federal 

regulations governing falconry. Every 

State government except that of Hawaii 

has now implemented regulations 

governing falconry. The government of 

the District of Columbia has not 

implemented regulations governing 

falconry. To allow falconry, States, 

tribes, territories, and the District of 

Columbia must operate within the 

bounds of the Federal regulations. We 

have concluded that with State, tribal, 

and territorial permitting in place (if 

tribes or territories choose to do so), we 

can reduce the paperwork burden on 

permittees and the Service, and can 

eliminate the cost of a Federal permit 

for falconry permittees. No tribe or 

territory has sought to establish falconry 

regulations, but this rule makes it clear 

that they can do so. 

2. This rule implements electronic 

reporting of acquisition, transfer, or loss 

of raptors held for falconry. Electronic 

reporting will eliminate the need for 

permittees to send us paper reports for 

these actions, though some may still 

have to mail completed forms to their 

State or tribal governments if those 

entities require signed 3-186A forms. 

Implementing electronic reporting for 

transactions under the falconry 

regulations will reduce permittee 

expenses and the time it takes to report. 

We will maintain the 3-186A reporting 

system. The States, tribes, or territories 

will need to regularly update 

information on falconry permittees. We 

will not allow submission of paper 3- 

186A forms after these regulations are in 

effect in a State or territory or by a tribe. 

However, the States, tribes, or territories 

may choose to accept paper 3-186A 

forms. If a State, tribe, or territory 

chooses to do so, it will be responsible 

for entering the data into the electronic 

3-186A system. 

3. We will allow Apprentice 

Falconers to possess additional species 

of Falconiformes and Strigiformes taken 

from the wild. 

4. Apprentice Falconers may possess 

non-imprinted captive-bred raptors of 

the species they are allowed to possess. 

5. The regulations add requirements 

for capture and possession of golden 

eagles to use in falconry for Master 

Falconers with sufficient experience. 

Previously, they were covered in 50 CFR 

22.24. We simplified the regulations in 

50 CFR 22.24 to account for this change, 

which will facilitate permitting by the 

States, tribes, and territories. We will no 

longer require Federal permitting of 

falconers for possession of golden 

eagles. 

6. The regulations allow Master 

Falconers to keep up to 5 wild raptors 

to use in falconry. Currently, Master 

Falconers are allowed to keep 3 raptors 

for falconry. Allowing the possession of 

5 wild raptors does not change the 

allowed annual take of 2 raptors from 

the wild each year (§ 21.29 (e)(2)). 

7. A Master Falconer may possess any 

number of captive-bred raptors if they 

are used in falconry. Allowing the 

possession of captive-bred raptors does 

not change the allowed annual take of 

2 raptors from the wild or the level of 

care we require (§ 21.29 (e)(2)). 

8. General Falconers may keep 3 

raptors to use in falconry. Allowing the 

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Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 59449 

possession of 3 raptors does not change 

the allowed annual take of 2 raptors 

from the wild. 

9. Each State, tribe, or territory may 

develop and administer the required 

examination for Apprentice Falconers 

and new residents. Changes in the 

examination a State, tribe, or territory 

administers will require our approval (§ 

21.29 (b)(4)(ii)). 

10. A new resident of the United 

States can qualify for a falconry permit 

appropriate for his or her level of 

experience. The applicant must 

correctly answer at least 80 percent of 

the questions on the supervised 

examination for Apprentice Falconers. 

The State, tribe, or territory under 

which the applicant wishes to obtain a 

falconry permit administers the 

examination. If the applicant passes the 

test, the State, tribe, or territory may 

decide what level of falconry permit he 

or she may hold, consistent with the 

guidelines set forth in these regulations 

(§ 21.29 (c)(6)). 

11. We rewrote and simplified the 

facilities and equipment requirements to 

make them easier to understand (§ 21.29 

(c)). We do not intend to require 

rebuilding of existing facilities if a State 

has approved them. 

12. Possession of facilities for housing 

raptors will not be a prerequisite for 

obtaining a permit. However, a 

permittee must have facilities that pass 

State, tribal, or territorial inspection 

before he or she may obtain a raptor for 

use in falconry. This change will allow 

former falconers who no longer can 

keep falconry raptors to get a falconry 

permit and assist Apprentice Falconers 

in learning about the practice of 

falconry (§ 21.29 (c)(5)(ii)). 

13. We removed the 180–day-per-year 

limit on take of raptors from the wild. 

Raptors may be taken for falconry 

during periods specified by the States, 

tribes, or territories. The 180–day 

restriction unnecessarily limits the 

governance of take by States, tribes, or 

territories. We believe it is reasonable 

for them to be able to regulate take from 

the wild when different raptor species 

are present. The 180–day restriction 

limits the ability of a State, tribe, or 

territory to do so. 

14. When flown for falconry, a hybrid 

raptor must have two attached radio 

transmitters that will allow the 

permittee to locate it. We prohibit 

intentional permanent release of hybrids 

to the wild (§ 21.29 (e)(8) and (e)(9)(iv)). 

15. Falconers will be responsible for 

treatment and rehabilitation costs of 

falconry raptors injured in trapping 

efforts. 

16. This rule requires banding or 

microchipping of all goshawks taken 

from the wild. We eliminated the 

requirement to band golden eagles taken 

from the wild. Goshawk numbers in 

parts of the country and law 

enforcement concerns over take and 

transport of goshawks have led us to 

require banding of goshawks taken out 

of the wild. However, very few golden 

eagles are taken from the wild each year, 

and we deem banding them unnecessary 

at present (§ 21.29 (c)(7)(i)). 

17. The rule allows temporary release 

of falconry raptors to the wild 

(‘‘hacking’’) for both wild-caught birds 

and captive-bred birds (§ 21.29 (f)(2)). 

18. General and Master Falconers may 

use suitable raptors in raptor 

propagation if the propagator has a 

raptor propagation permit. The raptors 

do not need to be transferred from the 

falconer’s falconry permit if they are 

used temporarily in propagation. 

19. A falconer may transfer most 

raptors captured from the wild under a 

falconry permit to a propagation permit 

only after they have been used in 

falconry for at least 2 years (§ 21.29 

(f)(5)(i)). Previously, raptors taken for 

falconry could be transferred to another 

permit type immediately after capture. 

With this change, we are addressing 

State concerns over take under falconry 

permits and immediate transfer to 

propagation permits. This has been used 

to circumvent State review of take of 

raptors for the wild for use in 

propagation. The 2–year restriction and 

the limits on possession together will 

mean that falconers will be limited in 

their abilities to take birds from the wild 

for use in propagation. 

20. General and Master Falconers may 

use suitable raptors they possess in 

conservation education programs 

without an additional permit (§ 21.29 

(f)(8)(i)). An apprentice falconer may 

present conservation education 

programs and use a raptor he or she 

possesses if he or she is under the 

supervision of a General or Master 

Falconer when presenting the program 

(§ 21.29 (f)(8)(ii)). The raptors must be 

used in hunting; they may not be held 

under a falconry permit to be used 

primarily for conservation education 

purposes. Falconers can serve a role in 

educating the public about the roles 

raptors play in the environment and 

their legal protections. Any bird held 

primarily for education must be held 

under a Special Purpose education 

permit. 

21. We lowered the age for Apprentice 

Falconers from 14 to 12 (§ 21.29 

(c)(3)(i)(A)). 

22. A visitor to the United States with 

a falconry permit from his or her 

country may practice falconry in the 

United States if the State, tribe, or 

territory allows it (§ 21.29 (f)(14)). 

23. We added a provision for 

immediate restoration of revoked 

permits. This change is to make it clear 

that restoration of an individual’s 

permit after the end of a revocation 

period is at the discretion of the State, 

tribe, or territory (§ 21.29 (i)). 

24. We revised the definitions of the 

terms ‘‘falconry’’ and ‘‘raptor,’’ and 

added definitions of the terms 

‘‘hacking,’’ ‘‘hybrid,’’ and ‘‘imprint.’’ 

25. General and Master Falconers may 

assist Federal- and State-permitted 

migratory bird rehabilitators in 

conditioning of raptors for permanent 

release to the wild. A falconer may work 

with a rehabilitator without being a 

subpermittee of the rehabilitator (§ 

21.31 (e)(3)). 

Because it will take time for States to 

change their falconry regulations to 

comply with these regulations, the final 

compliance date for these regulations is 

January 1, 2014. 

Each State, tribe, or territory that 

wishes to allow the practice of falconry 

must work with us to ensure correct 

operation of electronic reporting of take 

of raptors from the wild, and must then 

certify to the Director of the U.S. Fish 

and Wildlife Service that it is in 

compliance with the new regulations. 

Any State certified to allow falconry 

under the Federal falconry regulations 

in §§ 21.28, 21.29, and 22.24 of this part 

prior to the effective date may continue 

to allow falconry under those provisions 

until we approve that State’s 

recertification, or until January 1, 2014. 

Falconry shall not be permitted in a 

State or territory or by a Tribe after 

January 1, 2014, until that State, tribe, 

or territory develops a permitting 

program that the Director has certified 

to be in compliance with these 

regulations. 

III. Changes from the Proposed Rule 

We made many wording changes and 

small organizational changes from the 

proposed rule. Major changes from the 

proposed rule are limited. 

1. We added territories to those 

entities that may promulgate falconry 

regulations. 

2. We changed the possession limit 

for General Falconers from 2 raptors to 

3. 

3. We deferred to numerous 

comments about the provisions for 

review of State, tribal, or territorial 

permitting and suspension of 

permitting. We changed the language 

about the reviews to allow the States, 

tribes, and territories to work with us to 

correct permitting deficiencies, should 

they occur. 

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59450 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 

4. Many commenters suggested that 

the proposed change in the regulations 

that would require more experience to 

advance to General Falconer was not 

warranted. We agreed with the 

prevailing comments on this point, and 

revised the amount of experience 

required to advance to General Falconer. 

5. We added a facilities inspection 

requirement for falconers who spend 

120 days or more at another location 

with any of their falconry raptors. 

6. Some commenters were opposed to 

the annual reporting each year on 

golden eagle trapping activities required 

in addition to 3-186A reports. We 

agreed with their argument, and deleted 

the requirement from these regulations. 

We will compile information on take of 

eagles through the electronic reporting 

system. 

7. Some commenters felt that the 

language in 50 CFR 13 does not provide 

sufficient protection for falconry birds, 

and suggested that inspections be 

allowed only in the presence of the 

permittee. We added this language to 

these regulations. 

8. Some commenters suggested that 

we allow implanting of microchips in 

lieu of required bands. We added the 

use of International Standardization 

Organization- compliant microchips to 

these regulations. 

9. Many commenters asked for a 

provision allowing a falconry bird to 

feed on prey that the falconer did not 

intend to have the raptor hunt. We 

added a provision covering this issue to 

these regulations. 

10. Some commenters suggested that 

the question and answer format in the 

proposed rule did not work well, or that 

issues were addressed in more than one 

section of the rule. We changed the 

wording of these sections whenever we 

received suggested changes, reorganized 

the regulations to address the concerns 

about regulations in multiple sections, 

and changed from the question/answer 

format. 

11. We clarified language in this final 

rule about trapping raptors for falconry 

on public lands. 

12. We added language to this final 

rule stating that take of birds under a 

depredation order can include take by 

falconry birds, unless the Depredation 

Order specifies methods of take that do 

not include falconry. 

13. In a separate rule we have revised 

§ 21.21 to simplify the regulations 

governing import and export of 

migratory birds. The proposed changes 

to § 21.21 are deleted from this rule. 

IV. Comments on the Proposed Rule 

We received 967 comments from 

individuals and organizations, 

including 30 from States and 3 from 

other government entities, on the 

proposed rule published on February 9, 

2005 (70 FR 6978-6992). We have 

reviewed the comments, and respond 

here to the most significant issues 

raised. 

Issue. Authority over captive-bred 

birds. A number of commenters asserted 

that the U.S. Fish and Wildlife Service 

has no authority to regulate captive-bred 

raptors. 

Response. The Migratory Bird Treaty 

Act does not distinguish between wild 

and captive-bred birds. In addition, case 

law has established that the MBTA does 

govern activities involving captive-bred 

raptors. 

Issue. Elimination of the Federal 

falconry permit. This change was 

requested by the States through the 

Association of Fish and Wildlife 

Agencies on behalf of the States, and 

would simply eliminate the Federal 

permit. All States that are expected to 

allow falconry have now implemented 

regulations governing the practice, and 

all have approved falconry regulations 

in place. The majority of those who 

commented on this issue agreed with 

the proposal to have falconry permits 

administered by the States. 

• ‘‘... this decision because of the shift 

from national to local standards has the 

potentially [sic] to significantly affect 

raptor populations at a local and 

national level and therefore requires an 

Environmental Impact Statement under 

the provisions of the National 

Environmental Policy Act.’’ 

Response. This assertion is incorrect. 

The take of raptors from the wild by 

each permittee each year for use in 

falconry is not altered; falconers are still 

limited to take of no more than two 

raptors from the wild each year. Thus, 

the change to falconry permitting 

administered by the States has no 

environmental impact. Further, in our 

assessment of the effects of take from 

the wild for falconry and raptor 

propagation (U.S.F.W.S. 2007), we 

found that the take of wild raptors for 

falconry is very unlikely to have a 

significant detrimental effect on wild 

raptor populations. All States must still 

maintain regulations at least as 

restrictive as the Federal regulations. 

The revised regulations require the 

States to be diligent in regulating 

falconry for the sport to continue to be 

allowed. Further, Federal authority for 

enforcement of most aspects of the 

falconry regulations is not diminished 

by the regulations change. 

Issue. Federal oversight. 

• ‘‘... federal oversight of permitting 

brings a different level of expertise and 

enforcement level to the sport of 

falconry. State fish and wildlife agencies 

do not necessarily have the staff, 

funding, expertise, or enforcement 

capabilities that FWS is able to provide. 

An effective permit program for falconry 

requires a strong federal presence and 

federal resources.’’ 

• ‘‘I strongly approve of eliminating 

the Federal permit OR changing it to a 

one time issued permit for life.’’ 

• ‘‘The U.S. Fish and Wildlife Service 

should transfer management of falconry 

programs to States that comply with 

federal falconry standards. We agree 

that, in the future, there should be no 

federal falconry permit. The mandates 

and obligations of the Service under the 

Migratory Bird Treaty Act (MBTA) 

require the Service to continue to 

regulate the sport of falconry. Therefore, 

the Service should work to correct all 

administrative issues that arise 

regarding States’ compliance with the 

changes in the falconry regulations. It 

took 3 decades to develop the current 

system and no arbitrary change-over 

period should be imposed that could 

potentially leave any State behind. Any 

State that modifies its regulations to be 

in compliance with the new federal 

falconry regulations should be allowed 

to operate immediately under the new 

regulations.’’ (State comment) 

• ‘‘GADNR [Georgia Department of 

Natural Resources] supports the 

proposed change to the licensing 

procedures for falconry and the 

elimination of duplicative licensing. 

Once State regulations have been 

reviewed and addressed, we do not 

foresee any significant additional 

workload in managing these licensees.’’ 

(State agency) 

• We agree that the current dual 

permitting system should be revised to 

shift falconry permit administration to 

the individual States. This will relieve 

staff of all agencies of an extra 

administrative step in the permitting 

process.’’ (State agency) 

• ‘‘The most substantive proposed 

change in the revised regulations is the 

elimination of the federal falconry 

permit once a State is certified to be in 

compliance with the federal regulations. 

The WDFW [Washington Department of 

Fish and Wildlife] has supported that 

action and the retention of a single State 

permit requirement.’’ (State agency) 

• ‘‘The proposed revisions appear to 

not only reduce permit process 

duplicative efforts - as USFWS suggests 

-but to relax Federal oversight of 

migratory bird take - an oversight that 

has been valued for almost thirty years. 

CDOW [Colorado Division of Wildlife] 

recognizes the benefit that Federal 

guidelines and regulations bring to the 

management of migratory birds, and the 

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MBTA’s role in governing all harvest in 

order to prevent over-utilization. CDOW 

contends that relaxation of Federal 

oversight could result in undesired 

impacts to wildlife populations, due in 

part to an increased dependency on 

already insufficient State resources, and 

due additionally to the loss of a national 

perspective of the ecological and 

cultural values that guide management 

decisions. Like the USFWS, most States 

and tribes are continuing to ‘‘do more 

with less.’’ In addition, concern has 

been raised that loosening of Federal 

oversight suggests a retreat from the 

hard won progress made toward 

managing wildlife and habitats on an 

ecosystem or biome level. While the 

USFWS proposed revisions continue to 

allow that States and Tribes enact more 

restrictive regulations, in practice, 

States commonly revert to the federal 

regulatory scheme - publics sometimes 

demand it. Management of such a 

highly valued wildlife resource may 

best be undertaken in a strong 

partnership.’’ (State agency) 

• ‘‘... federal oversight is necessary to 

ensure that regional impacts to raptor 

populations from the sport of falconry 

are identified and addressed in the 

permitting process. Only by tracking 

permits at the regional level can 

potential direct impacts to individual 

raptor species and raptor populations in 

general be adequately understood. It is 

critical that FWS track the number of 

permits issued and the number of each 

species taken in each region in order to 

prevent negative cumulative impacts as 

required under the Migratory Bird 

Treaty Act.’’ 

Response. Only the Federal falconry 

permit is eliminated - not Federal 

oversight of falconry or Federal 

databases. These regulations will simply 

transfer all falconry permitting to the 

States. States that certify to the Director 

that their regulations are in compliance 

with these regulations will receive 

prompt consideration, and will be able 

to operate under these revised 

regulations. All falconers must comply 

with these regulations, though the State 

or tribal regulations may be more 

restrictive. The Service will still have 

law enforcement authority over most 

aspects of the practice of falconry, and 

will compile and evaluate information 

on all reported take of raptors from the 

wild for use in falconry. Inspections of 

falconry records, facilities, and birds 

will be the responsibility of the States, 

tribes, or territories. Because we will 

collect the same information we have 

collected in the past and will retain 

enforcement authority, except the 

authority for inspections, we do not 

believe that the changes in these 

regulations relax Federal oversight of 

falconry. Our 2007 NEPA analysis 

(U.S.F.W.S. 2007) confirmed the 

minimal impact of falconry on wild 

raptor populations. 

We have implemented electronic 

reporting that will allow assessment of 

take of all raptor species taken from the 

wild for use in falconry. We will be able 

to assess take at the regional or State 

level. With this system, we will track 

the number of permits issued and the 

number of each species taken, and will 

evaluate the effects of take for falconry 

on raptor populations (see U.S.F.W.S. 

2007). We expect that electronic 

reporting will facilitate summarizing 

and analyzing the effects of take of 

raptors for use in falconry. 

Issue. National permit system. 

• ‘‘...a national permitting system 

allows individuals who may have had 

their falconry permit [sic] revoked to be 

identified should they reapply. Moving 

to a state permitting system, creates the 

potential for an individual to move from 

State to State and reapplying without 

recognition of past problems in the 

event of a permit revocation.’’ 

Response. Each State, tribe, or 

territory will be able to access the 

national permittee database for 

information on an applicant from 

another State, so there is no new 

potential for problems such as the one 

suggested by the commenter. See § 

21.29 (l) below for information about 

data the States, tribes, or territories must 

keep. 

Issue. Federal standards. 

• ‘‘...a federal permitting program 

ensures that there will be a standard 

baseline level of care and expertise 

required before an individual is allowed 

to remove protected wild raptors from 

the wild for the sport of falconry. Going 

to a State permitting system creates the 

potential for disparities in the rigor and 

substance of permit requirements 

administered by individual states.’’ 

Response. All permittees must 

comply with the Federal facilities and 

care requirements. A State, tribe, or 

territory-only permitting system does 

not alter this requirement. States, tribes, 

and territories have implemented, and 

will be able to implement, more 

restrictive regulations (§ 21.29 

(b)(1)(iii)). 

Issue. State workloads. 

• ‘‘No reduction in paperwork will 

occur. The State of Iowa will continue 

to require paperwork and reporting 

requirements for licensed falconers. The 

U.S. Fish and Wildlife Service’s 

proposed paperwork reduction appears 

to simply shift most, if not all, of the 

falconry program’s administrative 

burden to participating State agencies.’’ 

(State agency) 

• ‘‘This section [Unfunded Mandates 

Reform Act] states that ‘‘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.’’ If adopted these 

regulations will increase administrative 

enforcement burdens on State 

government.’’ (State agency) 

• ‘‘The department is concerned about 

the cost of operating this program and 

the apparent unfunded mandate being 

placed on states by the federal 

government. We suggest the Service 

consider ways to cost-share part of the 

state’s programs and develop a comanagement rather than the proposed 

federal oversight approach.’’ (State 

agency) 

• ‘‘The U.S. Fish and Wildlife Service 

is proposing a significant portion of 

falconry permitting, record keeping and 

banding shift to State agencies. This 

change will significantly impact our 

department’s administrative resources 

including staff hours, material, and 

equipment costs.’’ (State agency) 

• ‘‘The proposal is of concern to 

Maine because it seeks to shift sole 

burden to the States... We recommend 

that the Service modify its current 

proposal to simply authorize the States 

to develop their own, individual 

regulations governing the practice of 

falconry without the requirement [and 

the burden and cost to the States] that 

they must operate under Federal 

requirements and Federal oversight.’’ 

(State agency) 

• ‘‘Given that the relatively small 

number of falconers in the U.S. (~ 

4,000) are spread across the entire 

country and their movements and 

transactions routinely criss-cross State 

and international boundaries, it would 

certainly seem most appropriate and 

most efficient for the FWS to continue 

to fulfill its responsibility to administer 

a nationwide system capable of 

permitting, tracking and overseeing use 

of raptors by falconers - especially in 

light of the fact that the value of 

individual birds renders falconry 

susceptible to black market endeavors.’’ 

• ‘‘For the FWS to abdicate its current 

national role and require states and 

tribes to absorb new responsibilities to 

develop and administer new permitting 

procedures, develop additional 

expertise with issues related to falconry, 

develop new database and tracking 

systems, administer falconry tests and 

assume responsibility to monitor 

falconer activities and enforce falconry 

regulations feels like a major unfunded 

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59452 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 

mandate to us. The proposed rules 

would entail new operational expenses 

and would also exacerbate our workload 

problem... Finally, should these 

proposed rules be approved, there 

would be considerable cost to states to 

set up systems that could be considered 

duplicative of the systems currently 

maintained by the FWS. Both monetary 

and manpower costs of such an 

undertaking and the inefficiencies 

associated with interfacing 50+ 

individual falconry permitting/tracking 

systems come at a time when 

government budgets are being stretched 

to the limits. The proposed five-year 

time period intended to allow for an 

adequate transition time could be 

rendered moot by the lack of new 

funding to establish new State programs 

with internal as well as interjurisdictional capabilities.’’ (State 

agency) 

Response. State concerns on this 

point are surprising, because the 

proposal to eliminate the Federal permit 

was presented to us by the Association 

of Fish and Wildlife Agencies with 

support from every State. Though some 

States may have to change their 

regulations and their permitting 

procedures, there should be associated 

reductions in paperwork and 

coordination with our permits offices. 

We do not believe the regulation 

changes put a significant additional 

burden on the States. Therefore, we do 

not believe that this change is an 

unfunded mandate. One State agency 

went on to state, ‘‘The department 

agrees that there will be a benefit to 

falconers and a reduction in paperwork 

resulting from this regulatory change.’’ 

We also intend to have sufficient 

flexibility in the database to allow States 

to eliminate duplicate work. 

Issue. Transfer of falconry birds when 

a permittee moves to another State may 

be restricted. 

• ‘‘Currently, Montana law does not 

allow possession of raptors without a 

Montana falconry permit or appropriate 

federal permit. For individuals moving 

to Montana, a resident permit may not 

be obtained until residency is 

established. Currently, birds may be 

kept under the existing federal permit 

until residency is established. Although 

interim licensing could be 

accomplished through recognition of 

permits issued by other jurisdictions, 

the absence of oversight currently 

provided by the FWS would reduce the 

level of confidence that one jurisdiction 

would have in permits issued by 

another.’’ (State agency) 

Response. We agree that this is an 

issue each State must resolve. Each 

State, tribe, or territory must decide how 

to handle birds possessed by a falconer 

who moves into a new falconry 

jurisdiction. The database will help 

falconry permitting authorities to check 

and honor another State’s, tribe’s, or 

territory’s permits. Further, all States, 

tribes, or territories must meet the 

standards in these regulations. 

Issue. Review of State permitting. 

• ‘‘Under the current falconry 

permitting process, all that is required 

for a state to have the authority to allow 

the use of raptors for falconry purposes 

is; 1) the Secretary’s approval of the 

state permitting system, and 2) the 

addition of the state to the list. There are 

no penalties to non-compliance to the 

Federal Regulations, and to our 

knowledge, no state has had their [sic] 

authorities [sic] revoked. The states are 

the competent authority when it comes 

to all hunting sports, including falconry. 

This entire section of punitive measures 

against the states for non-compliance 

should be deleted.’’ (State agency) 

• ‘‘We recommend that the regulations 

simply state that the Service and the 

states will work to correct all 

administrative issues as they arise and 

do not include program revocation. 

Given the positive performance record 

of the states in administering the joint 

falconry program for over 30 years and 

the state’s effective handling of complex 

migratory bird issues such as waterfowl 

hunting, it is difficult to imagine a 

complicated falconry problem that 

would require the Service to ‘‘suspend’’ 

a state’s falconry program certification.’’ 

(State agency) 

• ‘‘Significant effort was spent to spell 

out the concise steps necessary for the 

Service to regulate the performance of 

the individual states’ falconry programs, 

including revocation procedures. We 

believe that most of the Services’s 

regulatory processes are unnecessary 

and could be simplified by stating that 

the Service and states will work 

cooperatively to address specific 

administrative issues.’’ (State agency) 

Response. We do not expect this to be 

an issue. Falconry and falconry 

permitting have not been significant 

resource issues for the Service. We will 

work with the States to correct issues 

that arise. Under the current regulations 

a failure by a permittee to comply with 

the regulations or permit conditions can 

result in loss of his or her Federal 

falconry permit, and loss of the privilege 

of practicing falconry. Without some 

assurance that permitting jurisdictions 

are maintaining the falconry standards, 

the Service may be viewed as failing to 

fulfill its obligations under the 

MBTA.Issue. Suspension of a State’s, 

tribe’s, or territory’s certification. 

‘‘Please consider having the Service take 

over the falconry program in a State that 

fails to meet the certification 

requirements. Releasing, transferring, or 

euthanizing falconry birds because a 

State fails some aspect of the Service’s 

certification program seems overly 

harsh on the affected falconers. It is 

unrealistic to think that these actions 

would proceed under those 

circumstances.’’ (State agency) 

Response. The elimination of the 

Federal permit was considered at the 

request of the States. We cannot afford 

to support permitting positions just for 

States that fail in their permitting 

programs. This provision remains in 

place in these regulations (§ 21.29 

(b)(12)). 

Issue. Federal authority under revised 

regulations. 

• ‘‘The proposed rule offers little 

clarification on how enforcement might 

operate in the future. With additional 

regulatory and permitting burdens being 

placed on the states, we assume that 

there is a potential for federal law 

enforcement to diminish. Even if the 

state-federal law enforcement of 

migratory bird regulations is envisioned 

to remain the same, the rule should state 

this in clear language.’’ (State agency) 

• ‘‘Does the FWS retain the authority 

to suspend or revoke falconry permits 

under 50 CFR. If not, this should be 

stated. Exactly what authority does the 

Service (LE) retain under the proposed 

regulations, i.e. with no Federal permit. 

This should be clarified and stated in 

the regulations.’’ 

Response. We do not believe that the 

regulation change affects law 

enforcement substantially, or that there 

are additional regulatory or permitting 

burdens placed on the States, tribes, or 

territories. With one exception, Service 

enforcement of the provisions of the 

Migratory Bird Treaty Act and the Bald 

and Golden Eagle Protection Act (Eagle 

Act, 16 U.S.C. 668-668d) are not affected 

by the regulations change. The 

exception is that, because the Service 

will no longer issue falconry permits, 

Service law enforcement officers will 

not have the authority to conduct 

inspections of falconers’ records and 

facilities, unless the Service officers also 

are delegated State law enforcement 

authority. The Service will not have 

authority to suspend or revoke permits 

issued by the States, tribes, or 

territories, but compliance with all 

provisions of these regulations remains 

under the purview of the Service, and 

falconry permittees are subject to 

Federal prosecution for failure to 

comply with the regulations.Issue. 

‘‘When capturing a golden eagle for 

falconry purposes the USFWS draft 

regulation indicates that the landowner, 

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which would include a land 

management agency (BLM, USFS, BR, 

State Land Departments, etc.), must 

authorize the activity. Neither the States 

nor the Service should be authorizing 

land managers to regulate wildlife. They 

do not currently have that statutory 

authority. Please delete this line item in 

its entirety.’’ (State agency) 

Response. We simply intended to 

make it clear that these regulations do 

not authorize capture of a golden eagle 

for falconry if the capture is not allowed 

by the agency or if entry to private land 

is not allowed by the landowner. 

However, this does not mean that a land 

management agency must take special 

measures or otherwise authorize take of 

a golden eagle if the agency’s 

regulations or other language already 

allow the take. In the interest of clarity, 

we changed the relevant language, 

which is now in § 21.29 (f)(16). 

Issue. Moving birds between falconry 

and breeding projects. 

• ‘‘Movement of wild-caught raptors 

between falconry and propagation 

permits is a troublesome arena for the 

department. With the high desire to 

obtain wild Peregrine Falcons and 

Gyrfalcons in Alaska, this has proved to 

be a challenge to track. Temporarily 

allowing the movement of a bird from 

a falconry permit to a breeding program 

will negate a desire to keep these 

programs separated rather than 

intertwined. This problem is further 

confused by the proposed regulatory 

language that states – ‘‘Regardless of the 

number of State or tribal permits that 

you have, you may possess no more 

than five raptors.’’ Taking [changes] 15, 

16, and the limit on five raptors in total, 

we find the intent of the Service to be 

unclear and confusing.’’ (State agency) 

• ‘‘It should be permissible to use 

falconry raptors for propagation for less 

than 6 months out of the year, if a 

falconer has a raptor propagation 

permit.’’ (State agency) 

Response. We changed the relevant 

language where it occurred to make it 

clear that we mean regardless of how 

many State, tribal, or territorial falconry 

permits one may possess, he or she may 

have no more than one raptor if an 

Apprentice Falconer and 3 raptors if a 

General Falconer. A Master Falconer 

will be allowed to possess 5 wild birds 

(3 eagles). We appreciate the States’ 

concern about separation of falconry 

and propagation programs. However, 

allowing the use of birds already held 

for falconry in propagation in the off 

season will not mean that permittees 

who hold birds are exempt from either 

documentation of the birds or from 

inspections. 

Issue. 180–day trapping period. 

• ‘‘It is unclear what the impacts 

would be of changing the 180–day-peryear limit on removing raptors from the 

wild to allowing states to set their own 

removal limits. This should be more 

clearly explained and analyzed.’’ 

• ‘‘We disagree with the removal of 

the 180–day season for trapping, as it 

would increase disturbance to nesting 

raptors. We also disagree with the 

removal of the restriction for the 

number of raptors a falconer may have 

during a one-year period sequentially. 

By removing this regulation, a falconer 

could harvest an unlimited number of 

raptors. This seems especially 

inappropriate for Apprentices.’’ (State 

agency) 

• ‘‘We support removing the 180–day 

per year limit on take from the wild and 

agree that states will appropriately 

select their own trapping seasons.’’ 

(State agency) 

• ‘‘The 180–day take period, during 

which raptors can be trapped or 

acquired for falconry, should be 

eliminated.’’ (State agency) 

• ‘‘Colorado is not supportive of the 

potential year-round capture of raptors 

that could be permissible under this 

change. Take should be prohibited 

during biologically sensitive periods 

such as during courtship, incubation, 

etc.’’ (State agency) 

Response. We do not believe that 

removing the 180–day-per-year 

restriction on take will have any 

measurable effect on take of raptors 

from the wild. We did not change the 2- 

birds-per-year allowed take from the 

wild by removal of the 180–day take 

period, and removing the 180–day 

language from the regulation will allow 

each State to better regulate take as 

appropriate for the species found in the 

State and the times at which they are 

found there. 

We do not understand the assertion 

that ‘‘a falconer could harvest an 

unlimited number of raptors.’’ The rule 

allows a falconer to take no more than 

2 raptors from the wild per year, as a 

falconer can now. Further, we do not 

believe that removing the 180–day take 

restriction will lead to increased 

disturbance of nesting raptors. The 

States have regulated take effectively 

within the 180–day restriction in place, 

and can continue to do so if the 

restriction is removed. Removing the 

restriction will allow a State, tribe, or 

territory to better regulate take of the 

species found there. 

Issue. Facilities and care of falconry 

raptors. ‘‘The modified requirements for 

facilities and care of raptors held under 

a State issues [sic] falconry permit are 

insufficient. The level of detail 

regarding equipment and housing 

contained in the existing regulations 

was not confusing and did not need to 

be ‘‘simplified.’’ They simply ensured 

that falconers would have the minimum 

housing and equipment required to 

adequately provide for raptors in their 

care. These provisions should not be 

altered. The proposed changes are if 

anything more confusing for their lack 

of specificity.’’ 

Response. There were very few 

comments on this issue. We appreciate 

the concern for raptors held by 

falconers, but we believe that the 

revised regulations provide sufficient 

guidance for falconry permittees. 

Issue. Age to become an Apprentice 

Falconer. Comments on the proposed 

reduction from age 14 to age 12 to 

become an Apprentice Falconer were 

about evenly divided. Some people 

suggested that there should be no lower 

age limit; others suggested that the age 

to become an Apprentice should be 

raised. 

• ‘‘The proper maintenance of a raptor 

in hunting trim is a challenge to the 

capabilities of many adults. I don’t 

believe that most 12 year olds wanting 

to practice the sport (or even 14 year 

olds for that matter) possess the 

maturity, judgment, or refined sense of 

responsibility necessary to do justice to 

the raptor. And they also lack basic 

capacity (i.e. ability to drive) for 

transport of their feathered charges from 

residence to hunting area, or to medical 

attention.’’ 

• ‘‘If the age for apprentice falconry 

was lowered to 12, a great and positive 

experience with wildlife could begin.’’ 

• ‘‘The age of young falconers should 

be lowered to 12 years. Lots of young 

lives can be steered toward conservation 

practices, respect for the habitat, and the 

concept of training a bird through 

positive rewards. What an idea for life 

in general!’’ 

• ‘‘My personal feeling is that if you 

are not old enough to drive how can you 

practice falconry?’’ 

• ‘‘I support lowering the minimum 

age for Apprentices to 12 years of age, 

and the provision to allow Apprentices 

to use Harris Hawks.’’ 

• ‘‘Those who argue that few 12–yearolds are mature enough to succeed at 

falconry are correct; however, they miss 

the point that established falconers will 

be under no obligation to sponsor 12– 

year-old applicants. The proposed 

change will be beneficial for those few 

youngsters (including children of 

falconers) who are sufficiently 

motivated and have the active support 

of a sponsor close by.’’ 

• ‘‘12 years of age is too young, and 

the current minimum age of 14 should 

remain in effect.’’ (State agency) 

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• ‘‘We do not support lowering the age 

of apprentice falconers to 12 as 

suggested in 21.29 (b)(3)(i)(A). We are 

concerned that a child at the age of 12 

or 13 is not adequately equipped to pass 

the examination and to properly care for 

a raptor. Thus, the minimum age should 

remain as is. We are also concerned that 

a child this young may be less focused 

and therefore unable to properly train 

their bird or provide significant hunting 

opportunities for their bird. This is 

particularly troublesome if the 

requirements of an apprentice are 

changed to allow for possession of 

Harris’s hawks and captive-bred 

raptors.’’ (State agency) 

• ‘‘The GADNR disagrees with the 

proposal to reduce the qualifying age for 

apprentice falconry to 12 years. 

Generally we agree that some persons 

may be able to handle and care for a 

bird at age 12 but would suggest that a 

far greater percentage of 12 year-olds 

would lack both the mental focus and 

physical strength to properly hold and 

care for a bird.’’ (State agency) 

• ‘‘Our department’s professional staff 

feel lowering the age to 12 would 

negatively impact the program. Most 

12–year-old boys or girls have not 

developed the necessary respect and 

responsibility to trap a wild raptor and 

maintain the bird in a healthy 

environment. A person of this young age 

can become easily discouraged and 

frustrated with the challenges of 

feeding, flying and training a passage 

raptor. Unfortunately, falconry sponsors 

are often located miles away from their 

nondriving young apprentice and the 

lack of one-on-one training/mentoring 

can spell failure for many young 

falconers. Ultimately, our primary 

concern should be the welfare of the 

wild (raptor) resource.’’ 

Response. We found merit in both 

arguments, but changing the minimum 

age to 12 (as in the proposed rule) leaves 

the decision for a younger person with 

his or her parents and with the sponsor, 

which we believe is appropriate. 

Further, any State, tribe, or territory may 

choose to limit apprenticeship to older 

individuals. This rule sets the minimum 

age to practice falconry at 12 years (§ 

21.29 (c)(3)(i)(A)). 

Issue. If you are under 18 years of age, 

a parent or legal guardian must sign 

your application and is legally 

responsible for your activities. 

• ‘‘We do support the addition of 

parental signatures and responsibility 

for individuals less than 18 years of age 

as suggested in 21.29 (b)(3)(i)(B).’’ (State 

agency) 

• ‘‘We disagree with the requirement 

for a parent or guardian to co-sign the 

application of the falconer under 18 

years of age. We should not dictate the 

parent/child relationship or attempt to 

set federal standards for the state’s 

responsibilities (relating to liability 

claims).’’ (State agency) 

• ‘‘Remove this section from the 

proposal. State authorities can handle 

legal issues locally.’’ (State agency) 

• ‘‘We agree that a parent or legal 

guardian of a minor falconer should be 

required to document responsibility 

through affidavit.’’ (State agency) 

Response. Permits language in 50 CFR 

13.50 states that ‘‘Except as otherwise 

limited in the case of permits described 

in § 13.25(d), any person holding a 

permit under this subchapter B assumes 

all liability and responsibility for the 

conduct of any activity conducted under 

the authority of such permit.’’ We 

believe that it is reasonable to make 

adults responsible for a minor aware 

that they could face legal liabilities 

associated with falconry. This 

requirement is left in the regulations. 

Issue. Possession of Harris’s hawks by 

Apprentice Falconers. Some 

commenters opposed allowing 

Apprentice Falconers to possess Harris’s 

hawks. 

• ‘‘The temperment [sic] of Harris 

Hawks makes them well-suited for 

learning falconry; in fact, one complaint 

I have occasionally encountered in 

discussion of this provision is that 

Harris hawks are too easy, so easy that 

they will spoil Apprentices for other 

species of raptors. Since when does it 

make sense to prevent beginners to a 

sport - any sport - from trying something 

because it was ‘‘too easy’’? I have seen 

other, more valid objections, such as 

Apprentices possibly releasing Harris 

Hawks in areas well north of their 

natural range; I feel this is adequately 

addressed in the existing language 

detailing release of species in areas the 

species is not normally found.’’ 

• ‘‘Although advocacy groups have no 

problem with this privilege, TPWD 

[Texas Parks and Wildlife Department] 

feels it is the best interest of the 

resource to disallow possession of wildcaught Harris’s hawks by the Apprentice 

Falconer. Their populations are not 

considered to be imperiled in Texas but 

Harris’s hawks are prone to feather 

plucking and other psychoses if 

improperly cared for. Additionally, it is 

felt that the gentle demeanor (e.g. ease 

of taming, or ‘‘manning down’’) of this 

species compared to other apprentice 

raptors, such as red-tailed hawks, limits 

the apprentice’s broader learning 

environment and training.’’ (State 

agency) 

• ‘‘WDFW supports apprentices being 

allowed to possess Harris hawks, but 

only as passage birds.’’ (State agency) 

Response. We believe that this 

question is most appropriately 

addressed by the sponsor and the 

permitting agency. States in which 

Harris’s hawks occur adequately 

regulate take from the wild, so allowing 

Apprentices to have Harris’s hawks 

should not affect wild populations. 

Issue. Need for a facilities inspection 

before one can obtain a falconry permit. 

We proposed allowing an experienced 

falconer who no longer has a facility to 

have a permit in order to sponsor 

Apprentice Falconers, while requiring a 

facilities inspection for an individual to 

house a raptor or raptors for falconry. 

Many commenters opposed allowing a 

person to get a permit without approved 

falconry facilities. Some individuals 

argued that facilities for housing a 

raptor or raptors must be a prerequisite 

for obtaining a falconry permit. Others 

agreed with the proposal. 

• ‘‘The department is concerned that 

new falconers will not need to have an 

approved facility in order to obtain a 

permit. Constructing an appropriate 

facility should be a prerequisite for a 

new falconer prior to obtaining a permit. 

Your proposed regulation indicates that 

this facility requirement may pose a 

problem because a senior, experienced 

falconer who no longer has a facility or 

birds should be able to possess a permit 

so he/she can sponsor a new falconer. 

It seems that you are mixing two 

different issues through this apparent 

simplification. We suggest that an 

experienced falconer could maintain a 

permit with no birds and no facility, but 

an apprentice must have an approved 

facility to obtain a permit.’’ (State 

agency) 

• ‘‘We do not support allowing 

permits to be issued to individuals who 

do not have housing facilities. Issuing a 

permit to an individual without a 

housing facility puts an additional 

enforcement burden on the state. If a 

permit were issued with the 

understanding that the individual did 

not have housing and would therefore 

not have a bird in their possession then 

in theory there would be no reason to 

conduct an inspection or follow up 

visits. Consequently, these individuals 

would be in the best position to illegally 

obtain and house a bird in an 

inappropriate manner.’’ 

• ‘‘It is admirable for the Service to 

simplify falconry and equipment 

requirements. However, no person 

should be issued a falconry permit 

without first demonstrating that they 

possess proper facilities.’’ (State agency) 

• ‘‘We currently require inspection of 

a facility prior to the issuance of a State 

falconry license and we would want to 

keep it that way. Issuing a license prior 

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to an inspection could be very 

problematic for new license holders - an 

apprentice or someone who has moved. 

The State should be allowed to require 

the inspection prior to the issuance of 

the permit. (State agency) 

Response. We accede to State 

concerns on this issue. This final rule 

requires that a new falconer have his or 

her facilities inspected before he or she 

may be granted an Apprentice permit (§ 

21.29 (d)(1)(ii)). However, an individual 

who can no longer fly raptors on his or 

her own and does not wish to obtain a 

falconry raptor should be able to get a 

permit without a facilities inspection. 

Every permittee must have his or her 

facilities inspected before he or she may 

get a bird, but only Apprentices will 

have to have their facilities inspected to 

get a permit. 

Issue. Facilities inspections and 

commercial trade. 

• ‘‘Some people without facilities who 

apply for a permit may be involved in 

the commercial trade of raptors. 

Allowing individuals without facilities 

to become licensed falconers would 

potentially add to the illegal trade in 

raptors.’’ 

Response. We disagree. If an 

individual’s facilities have not been 

inspected, then he or she is in violation 

of the regulations if he or she possesses 

a raptor. 

Issue. Experience requirement to 

advance to General Falconer. Many 

commenters suggested that the proposed 

change in the regulations that would 

require more experience to advance to 

General Falconer was not warranted. 

Response. We accept the prevailing 

comments on this point, and this final 

rule is changed accordingly. To advance 

to General Falconer, an individual must 

be at least 16 years old with 2 years of 

experience as an Apprentice Falconer (§ 

21.29 (c)(3)(ii)). This final rule lowers 

the minimum age to be a General 

Falconer from 18 to 16. 

Issue. Increase in the possession limit 

for Master Falconers. We proposed to 

increase the possession limit for Master 

Falconers from 3 raptors to 5, though 

only 3 of them could come from the 

wild. Opinion was about evenly divided 

on this proposed change. Many 

commenters believed that no Master 

Falconer could capably handle more 

than 3 raptors. Others argued that this 

change is welcome because some people 

have sufficient time to care for, and 

hunt with, more than 3 raptors. Some 

individuals argued that there should be 

no possession limit. 

• ‘‘I support the increase to 3 for 

generals and 5 for Master level 

falconers. The use of Harris Hawks in 

falconry makes this change especially 

useful, as unlike any other species of 

hawk, the Harris can be used in 

multiple numbers like a dog pack. This 

is the Harris’s natural style of hunting, 

and should be preserved in the practice 

of falconry. Likewise, someone with an 

infinite amount of time, game fields and 

money should be able to fly as many of 

the other species of raptors as can be 

biologically allowed. I do not support 

the restriction of the number of wildcaught birds allowed on a general or 

Master Falconer’s permit unless it is 

biologically supported.’’ 

• ‘‘CDOW opposes this proposed 

regulation. The subjective nature of this 

regulation states, ‘‘Many individuals 

have sufficient time available to care for 

and train five raptors for use in 

falconry’’. However, recent law 

enforcement action by CDOW indicates 

that many falconers, in fact, do not 

properly exercise the one or two raptors 

they currently possess. Based on this 

observation, the Division opposes 

possession of five raptors by any one 

falconer.’’ (State agency) 

• ‘‘In relation to 21.29 (b)(3)(iii)(c), we 

do not see the need to allow Master 

Falconers to possess more birds. 

However, we are not opposed to this 

change so long as the falconer can 

properly maintain the bird and the 

housing facility is adequate, and they 

are required to use all birds for hunting 

purposes or to show reason why a bird 

is not being hunted.’’ (State agency) 

• ‘‘There is no reason to increase the 

possession limit to 5 raptors.’’ (State 

agency) 

• ‘‘Our department’s professional staff 

feel the increased possession from three 

to five falconry birds is unrealistic, and 

may compromise the birds health and 

well-being with inadequate attention.’’ 

(State agency) 

• ‘‘Master Falconers should be held to 

possessing only three (3) raptors under 

permit. The public could perceive that 

we are unreasonably relaxing our 

protection of these species.’’ (State 

agency) 

• ‘‘We strongly support maintaining 

the current three (3)-bird limit for 

falconry rather than increasing it to a 

five (5)-bird limit. We disagree with the 

comment under ‘‘Changes in 

Regulations Governing Falconry’’ #5 

that states ‘‘many individuals have 

sufficient time available to care for and 

train 5 raptors for use in falconry.’’ It is 

extremely time consuming to care for, 

train, exercise, and hunt three raptors in 

one person’s possession. Increasing the 

possession limit may result in 

individuals acquiring additional raptors 

for collection and novelty purposes, 

resulting in decreased care and attention 

to all raptors in that person’s 

possession. An increase in the 

possession limit could also facilitate 

illegal transfer of raptors and encourage 

violations of the possession limit of 

birds taken from the wild.’’ (State 

agency) 

Response. Take from the wild and 

protection of the raptor populations are 

not significantly altered by this change. 

We find it implausible that individuals 

who cannot care for more raptors than 

allowed under the current regulations 

will get additional raptors just because 

they can do so. The regulations require 

that any bird held for falconry be well 

cared for and kept in good facilities. We 

do not believe that this possession limit 

change will do any more to facilitate 

illegal activities than does the current 

possession limit. This change is left in 

place in these regulations. 

Issue. Increase in the possession limit 

for General Falconers. Some 

commenters requested that we increase 

the possession limit for General 

Falconers. 

Response. Increasing the possession 

limit for General Falconers does not 

increase the allowed take from the wild, 

nor does it affect wild populations. We 

increased the possession limit for 

General Falconers from two to three 

raptors. 

Issue. Possession limit and take from 

the wild. 

• ‘‘Another major concern CDOW 

recognizes with this proposed 

regulation is that the statement 

‘‘Allowing the possession of five raptors 

does not change the allowed take from 

the wild or the current limit on 

possession of birds taken from the wild’’ 

is misleading. Proposed Service 

Regulation 21.29 (d)(2)[ 6987, I] states, 

‘‘A falconry bird is considered to be 

taken from the wild only by the person 

who originally captures it; the bird is 

not considered to be taken from the wild 

by any subsequent permittee to whom it 

is legally transferred.’’ This proposed 

regulation will allow a falconer to 

legally possess five wild birds, as long 

as the falconer is a secondary, or 

subsequent recipient of two of the wildcaught birds. CDOW contends that a 

wild-caught bird be determined as any 

bird caught in the wild, regardless of 

legal transfer of ownership. Using the 

numbers that the FWS provides in this 

document, this proposed Service 

Regulation increased by 2 the number of 

raptors that each falconer could take 

from the wild, resulting in a net take of 

as many as 8,000 raptors. This issue of 

transfer and possession of birds 

‘‘considered to be taken from the wild’’ 

must be clarified by the FWS. If the 

‘‘wild bird not being a wild bird’’ if 

transferred applies to both the take and 

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possession restrictions, as applied to the 

subsequent licensee, then we believe it 

will lead to additional take problems as 

we have outlined above. If it applies to 

the take restriction only, then it may not 

have as severe an impact. Regardless of 

the interpretation, the CDOW believes 

the transferred ‘‘wild’’ bird must still 

count against the 3 wild bird possession 

limit as applied to the subsequent 

licensee.’’ 

Response. The current regulations 

allow take of two raptors from the wild 

each year by each permittee, as do these 

regulations. They state that a bird taken 

from the wild is always considered a 

wild bird, so such a bird would count 

against the number of wild birds that a 

falconer can possess. The new 

regulations do not change the level of 

take that a falconer is allowed each year, 

but we recognize that, for a few years, 

they might lead to a slightly increased 

total of raptors taken from the 

wild.Issue. ‘‘The state’s coordination 

with the USFWS will increase as the 

regulations call for monthly transfer of 

state’s falconry data.’’ (State agency) 

Response. We disagree. These 

regulations require only that States 

submit information on new or changed 

falconry permits - the same information 

they have exchanged with our regional 

permits offices. We believe that 

providing updates on falconer 

information will require less work than 

do the current exchanges with our 

regional migratory bird permit 

offices.Issue. ‘‘Coordination regarding 

out-of-State falconers will become more 

complex as, instead of 7 Regional 

USFWS offices, there will be an 

unknown number of state/tribal 

licensing/administrative jurisdictions.’’ 

(State agency) 

Response. We disagree. The electronic 

permits system will be accessible by 

every entity that issues falconry permits. 

We believe that checking the credentials 

of out-of-State falconers will be easier. 

Issue. Temporary care of falconry 

raptors by other individuals. Many 

commenters suggested that we should 

allow individuals other than the 

permittee or another falconer to care for 

falconry raptors temporarily. Doing so 

would allow family members to care for 

falconry raptors while the falconer is 

traveling, for example. 

Response. We agree with the 

prevailing comments on this point, and 

added this provision to the final 

regulations at § 21.29 (d)(7). 

Issue. More time to submit 3-186A 

reports. Some commenters suggested 

that more time be allowed for 

submitting 3-186A forms reporting take 

from the wild. They noted that because 

falconers often must travel to capture a 

bird for falconry, the 5–day reporting 

requirement might not be practical, 

particularly in light of the requirement 

to report electronically. 

Response. We understand this 

concern. This final rule changes the 

reporting time to 10 days. However, this 

change does not mean that one can, for 

example, capture a raptor from the wild, 

keep it for 9 days, release it on the tenth 

day, and never report acquisition of the 

bird. A falconer must report acquisition, 

loss, or transfer of a falconry bird at the 

first opportunity to do so. 

Issue. Use of falconry birds in 

education programs. Most commenters 

who addressed this issue supported this 

addition to the regulations, but a few 

did not. 

• ‘‘We strongly oppose allowing 

falconers to utilize wild raptors held 

under a falconry permit for educational 

activities without first obtaining a 

Special Purpose Possession/ Education 

(Live) Permit from FWS. Falconry and 

environmental education are different 

endeavors and the qualifications for 

possessing live birds for each of these 

purposes are measured by different 

standards. By including this provision 

in the new regulations, FWS is 

essentially making the falconry permit a 

dual purpose permit for both falconry 

and education and abdicating 

responsibility for both to the states. 

Doing so eliminates entirely the scrutiny 

with which FWS reviews live bird 

educational permit applications 

including review of the types of 

presentations for which the birds will be 

used. Furthermore, the criteria listed in 

the proposed falconry regulations for 

using falconry birds for education are 

different and less stringent than those 

issues under a Special Purpose 

Possession/ Education Permit. For 

example, the falconry regulations do not 

include provisions that bird 

presentations may only be given at 

public facilities, that presentations in 

private homes and businesses is not 

allowed, that a minimum of 12 

programs per year must be presented 

and that any presentation must be 

accompanied by a sign indicating that 

possession and exhibition is by 

permission of FWS. If falconry birds are 

to be used in educational presentations, 

falconers should have to meet the 

requirements for a Special PurposePossession/ Education Permit.’’ 

• ‘‘The State of Indiana currently 

requires an educational permit in 

addition to the falconry permit if a bird 

is possessed under a falconry permit 

and used in conservation education 

programs. The State should have the 

ability to require this due to additional 

provisions that are needed to provide 

for the safety of the bird and the public, 

along with reporting requirements. We 

have several falconers who use their 

birds in conservation education 

programs.’’ (State agency) 

Response. Falconers have been 

allowed to give educational 

presentations using their falconry 

raptors for many years. The care of their 

birds is spelled out in these regulations. 

Falconers can provide a service by 

educating the public about the biology, 

ecological roles, and conservation needs 

of raptors and other migratory birds. 

Further, the regulations state clearly that 

the falconer must use the bird primarily 

for falconry. We do not see that the 

requirements for another permit type are 

relevant here, because we are only 

allowing a secondary beneficial activity 

with falconry birds. We see no need to 

change this provision. 

Any State, tribe, or territory has the 

authority to require an additional permit 

to use falconry birds in education. 

Issue. Recouping presentation costs. 

• ‘‘We [I] oppose the provision that 

would allow falconers to charge for 

presentations using raptors held under a 

State issued falconry permit. It is one 

thing to allow professional 

environmental educators to charge for 

their services but entirely another to 

allow falconers who hold their raptors 

for an entirely different purpose to 

charge for these types of activities. FWS 

should limit the ability to charge for 

presentation to only those who have met 

the requirements of a Special Purpose - 

Possession/ Education (Live) Permit. 

This would include falconers who have 

chosen to meet this standard.’’ 

• ‘‘As stated in Section 21.29 (e)(8), we 

support allowing the use of falconry 

birds for conservation education 

programs but without a fee, so long as 

falconers are required to use the birds in 

hunting.’’ (State agency) 

• ‘‘Falconers should be allowed to 

conduct conservation education talks 

with raptors and charge a fee for this 

service. Restrictions on commercial 

ventures should apply.’’ (State agency) 

Response. Although we believe that 

falconers have generally not done so, we 

believe it is reasonable for them to be 

able to recoup costs associated with 

giving an educational presentation. 

Falconers are allowed to recoup costs 

for conservation education programs - 

not to engage in profit-making 

endeavors. This provision is left in 

place in these regulations (§ 21.29 

(f)(8)(iv)). 

Issue. Money-making endeavors with 

falconry raptors. Many commenters 

objected to the provisions in the 

proposed rule disallowing most 

commercial activities with falconry 

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raptors. However, most States supported 

the prohibition. 

• ‘‘We support the prohibition of using 

birds for entertainment, advertisements, 

promotion/endorsement of products, 

merchandise, goods, services, meeting 

or fair, or as representation of any 

business, company, corporation, or 

other organization, for movies, 

commercials or commercial ventures.’’ 

(State agency) 

Response. These regulations allow 

only commercial activities directly 

related to falconry. We may address the 

broader question of commercial use of 

migratory birds in the future. 

Issue. Regulation of take of golden 

eagles for falconry. Some commenters 

discussed the classification of eagles. 

Others requested that we allow take of 

golden eagles for falconry in broader 

circumstances. 

• ‘‘Golden eagles should be classified 

as raptors. The populations of golden 

eagles in western North America are 

large and stable. If there is no biological 

problem with the species, and there is 

no threat to human health or safety 

posed by trained golden eagles, they 

should be managed like every other 

species of raptor for which take or 

captive breeding is allowed under the 

falconry program. States should develop 

the administrative oversight for the take 

of wild golden eagles, not the Service 

nor land-management agencies.’’ 

Response. These regulations change 

management of take of golden eagles, 

largely as suggested by the commenter; 

they change management of golden 

eagles and take of them from the wild 

to be largely the same as other falconry 

take. Take of golden eagles for falconry 

is limited by the provisions of the Eagle 

Act, and can only occur in depredation 

areas delineated by U.S.D.A. Wildlife 

Services or a State governor.Issue. ‘‘Will 

this encourage an increase in 

applications for depredation permits in 

order to allow more capture of golden 

eagles? More information on why this 

restriction has been generated is needed. 

If the purpose is to reduce take of 

golden eagles because of limited or 

declining numbers, or some other 

ecological factor, then this should be 

clearly stated.’’ (State agency) 

Response. Under the Eagle Act, take 

of golden eagles for use in falconry can 

only occur in depredation areas (not 

with depredation permits). These areas 

are declared by the U.S. Department of 

Agriculture’s Wildlife Services program, 

or at the request of a State governor. We 

foresee no change in the number of 

depredation areas declared because of a 

change in these regulations. We will 

continue to monitor take of golden 

eagles for falconry and may take 

appropriate action if we determine that 

take is not compatible with the 

preservation of the golden eagle. 

Issue. Reporting take of golden eagle 

trapping activities. Some commenters 

were opposed to the annual reporting 

each year on golden eagle trapping 

activities required in addition to 3-186A 

reports. 

Response. We agree with this 

argument. Information on take of eagles 

will be compiled through the electronic 

reporting system. This requirement is 

deleted from the final rule. 

Issue. Eagle trapping notification. 

Some commenters disagreed with the 

requirement that the appropriate Service 

law enforcement office be notified 

before an individual tries to capture an 

eagle in a depredation area for use in 

falconry. 

• ‘‘The draft allows the states to have 

more control over the use of golden 

eagles for falconry, however the 

proposed regulations present 

procedures for the falconer to take to 

advise the regional USFWS Law 

Enforcement Office, the U.S.D.A. 

Wildlife Services manager and receive a 

receipt of confirmation prior to capture, 

and then report on the number of birds 

captured, released, etc. We believe that 

this additional administrative oversight 

is excessive and needs to be deleted. 

Since the states are given the 

responsibility they should develop the 

administrative mechanisms of ensuring 

the activity is conducted in a legal 

manner and in the best interest of the 

resource.’’ (State agency) 

Response. Under the final rule, an 

individual is simply required to notify 

the Service before trapping. Knowledge 

that a person will attempt to capture an 

eagle in a particular location could save 

a Special Agent considerable time and 

effort investigating a report of an 

individual attempting to capture an 

eagle. This notification requirement is 

left in place in this regulation, but the 

relevant language was rewritten to 

increase clarity. 

Issue. Transport of falconry raptors to 

Canada and Mexico. Many individuals 

who responded to the proposed rule 

suggested that we should implement a 

‘‘passport’’ system as has been 

considered for Convention on 

International Trade in Endangered 

Species of Wild Fauna and Flora 

(CITES) regulations (50 CFR 23). 

Response. A falconer can get a CITES 

passport (also called a ‘‘pet passport’’ 

for a falconry bird (see http:// 

www.fws.gov/le/ImpExp/faqs.htm). 

There is no need to change the language 

in these regulations governing transport 

to Canada or Mexico. 

Issue. Posting bond for permit or 

regulations violations. Many 

commenters suggested that we change 

the regulations to provide for posting of 

bond for alleged regulations or permit 

violations. 

Response. We agree that bonding 

would be reasonable, but the MBTA 

does not allow posting bond in lieu of 

seizure. The relevant language in 16 

U.S.C. 706 is ‘‘All birds, or parts, nests, 

or eggs thereof, captured, killed, taken, 

sold or offered for sale, bartered or 

offered for barter, purchased, shipped, 

transported, carried, imported, 

exported, or possessed contrary to the 

provisions of this subchapter or of any 

regulation prescribed thereunder shall, 

when found, be seized...’’ (italics 

added). 

Issue. Interstate issues. 

• ‘‘The areas of the falconry industry 

that need the most scrutiny are the 

interstate issues. Obviously, the FWS 

with its current permitting system is 

better equipped to regulate and enforce 

issues that encompass multiple states. 

In the absence of an overarching role by 

the FWS, enforcement activities related 

to falconry in the U.S. could be 

expected to become more piecemeal and 

time-consuming and ultimately less 

efficient and less effective.’’ 

• ‘‘No State should be allowed to 

interfere with the interstate transport of 

raptors legally held for falconry by 

licensed falconers.’’ (State agency) 

Response. Any State may implement 

restrictions on take of raptors that are 

more restrictive than the relevant 

Federal regulations. We encourage them 

not to be more restrictive on transport 

of raptors. 

Issue. Transfer of falconry raptors to 

raptor propagation permits. Many 

commenters objected to the time 

restriction on transfer of birds taken 

under falconry permits to propagation 

permits. Some commenters were 

especially concerned about the 

restrictions on use of small raptors that 

this provision adds because small 

raptors may be useable in raptor 

propagation at age 1. 

• ‘‘Wild caught raptors taken under a 

falconry permit and then transferred to 

a propagation permit for sale of their 

progeny is a substantial primary 

commercialization of falconry raptors 

and should be prohibited.’’ (State 

agency) 

Response. We agree that take from the 

wild under one permit type and prompt 

transfer to another permit type should 

not occur. However, for two reasons we 

disagree with the assertion that transfer 

of falconry birds to propagation permits 

should be prohibited. First, we have 

determined that the take of raptors for 

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falconry (and for raptor propagation) has 

no significant impact on raptor 

populations. Second, limiting such 

transfers would preclude use of raptors 

taken from the wild in breeding projects 

when they cannot be flown in falconry 

for some reason. We left the transfer 

provision with time restrictions in place 

in this final rule. 

The regulations need to ensure that 

birds taken from the wild for use in 

falconry are not immediately transferred 

to propagation. Even so, we understand 

the concerns about restrictions on use of 

small accipiters and falcons, and have 

changed the language in this paragraph 

to allow transfer of some species sooner 

than the 2–year restriction for most 

species (§ 21.29 (f)(5)(i)). 

We will maintain a nationwide 

falconer database and a database on take 

of wild raptors. Every falconry permittee 

must operate within the bounds of these 

regulations and his or her State or tribal 

regulations. We also will retain the 

authority for law enforcement actions, 

so we expect no reduction in the 

effectiveness of the governance of 

falconry. 

Issue. Facilities inspections. Many 

commenters objected to the added 

provision requiring that a person who 

allows a falconer to keep a mews on his 

or her property be made aware that the 

facilities can be inspected by law 

enforcement officers. 

• ‘‘Does being a ‘‘permitted activity’’ 

exempt permittees from the general 

body of search law?’’ 

• ‘‘Proposed section 21.29(c)(9) 

subjects falconry bird(s), facilities, 

equipment, and records to an 

unqualified right of inspection (referred 

to below as post-initial inspection) by 

government officers at any reasonable 

hour. The provision completely 

circumvents the protections of the 

United States Constitution against 

unreasonable search and seizure. But 

even outside of Constitutional 

considerations, a greater abuse of the 

citizenry by government is hard to 

imagine. This entire provision should 

therefore be eliminated along with the 

related provisions of section 

21.29(c)(2)(iii).’’ 

• ‘‘The most important change I would 

urge you to consider is that inspection 

of private property without the proper 

warrants is always unconstitutional.’’ 

• ‘‘Without probable cause and 

securing a warrant, this violates the 

current search law.’’ 

Response. Every falconry permittee 

agrees to inspection of his or her 

facilities, records, and raptors when he 

or she applies for a falconry permit. 

Because the permittee has done so, we 

disagree with these assertions. 

Inspections provided for in this rule do 

not violate protections of the 

Constitution. The language about 

inspections was repeated in these 

regulations in part because of the added 

provision allowing falconry birds to be 

kept on property not owned by the 

falconry permittee. We have left it in 

place (§ 21.29 (d)(2)(ii)). 

Issue. Some commenters felt that the 

language in 50 CFR 13 does not provide 

sufficient protection for falconry birds. 

• ‘‘Most agents are inexperienced in 

the handling of raptors. The presence of 

the falconer [during an inspection] 

would prevent loss, injury or undue 

stress on the bird.’’ 

Response. We have added language to 

these regulations stating that falconry 

facilities and raptor inspections may 

only be done in the presence of the 

permittee (§ 21.29 (d)(2)(ii)). 

Issue. Use of microchips rather than, 

or in addition to, bands. Some 

commenters suggested that we allow 

implanting of microchips in lieu of 

required bands. 

Response. We agree that this is a 

viable option, and we added the use of 

ISO (International Standardization 

Organization) - compliant microchips in 

lieu of, or in addition to, required bands 

(§ 21.29 (c)(7)(i), (ii)). 

Issue. Banding of some raptor species 

taken from the wild. Many commenters 

opposed the additional requirement to 

band goshawks taken from the wild and, 

in fact, opposed any banding of birds 

taken from the wild. A few commenters 

(including State agencies) suggested that 

all birds taken from the wild for 

falconry should be banded. 

• ‘‘The banding requirement is being 

pushed by people who think the sky is 

falling and that... raptors need to be 

protected from falconers. The sky is not 

falling, raptors do not need to be 

protected from us. There has never been 

a proven instance where bands have 

been removed and reused or birds have 

been trapped to replace one that has 

died. The banding process adds to the 

work load that many states complain 

about and should not be required at the 

federal level except for captive bred 

birds.’’ 

• ‘‘I support the idea of banding any 

wild raptors the Service feels are 

‘‘sensitive,’’ so as to better keep track of 

these birds. Banding birds is really not 

that much of a hardship.’’ 

• ‘‘We would like to see the 

requirement that all birds used for 

falconry be banded.’’ (State agency). 

• ‘‘[A]ll falconry, conservation 

education and propagation birds should 

be banded.’’ (State agency) 

• ‘‘We support banding of all wild 

caught goshawks and would encourage 

banding requirements for all species 

under Section 21.29 (b)(7)(i).’’ (State 

agency) 

• ‘‘There may be some justification for 

tracking high-profile species, like 

gyrfalcons, peregrines and golden 

eagles, which are taken from the wild. 

However, there is no biological reason 

to band any wild raptor species known 

to have stable populations within the 

United States. The Service has a 30–year 

history of problems with the bands that 

it provides for identifying raptors. These 

bands become brittle and break over 

time. They fall off raptors and they are 

known to damage the tarsus of 

individual raptors, which necessitates 

the bands being removed. This presents 

a challenge to enforcement and puts 

falconers in legal jeopardy through no 

fault of their own. At best, this is an 

archaic system of bird identification. 

Superior alternatives would be: microchip implants (PIT tags) for larger 

raptors; digitized photos of foot-scale 

patterns (individualized finger prints); 

tattoos; and blood samples for DNA 

marking. Any of this information could 

be stored electronically, along with all 

of the other pertinent information that 

documents the raptors being held under 

a person’s falconry permit.’’ 

Response. Banding has been required 

of only 4 species for which there are 

management or law enforcement 

concerns: Harris’s hawks, peregrine 

falcons, gyrfalcons, and golden eagles. 

This final rule requires banding of 

goshawks taken from the wild and 

removes the requirement for banding 

golden eagles. Very few golden eagles 

are taken from the wild by falconers, 

and that take is in very specific 

locations and circumstances. We do not 

believe there is any significant 

knowledge to be gained from requiring 

banding of these eagles. 

We view banding of goshawks, 

Harris’s hawks, peregrine falcons, and 

gyrfalcons as a small burden for 

falconers, and the banding may be of 

help to law enforcement officers. 

Because take from the wild for falconry 

has no significant impact on raptor 

populations (U.S.F.W.S. 2007), we do 

not require banding of other species. A 

State, tribe, or territory may require 

banding of any species taken from the 

wild for use in falconry (§ 21.29 

(c)(7)(i)). 

Not all species are banded solely for 

biological reasons. Service law 

enforcement efforts may be aided by 

banding of some species. These 

regulations also have a provision for 

dealing with banding of species and 

individual birds for which the bands are 

a problem, and a band that is lost or 

broken is readily replaced. We agree 

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with the assertion that there are 

alternatives to bands available, and have 

added a provision for microchipping in 

lieu of, or in addition to, banding ((§ 

21.29 (d)(7)(i), (ii))). 

Issue. Let-it-lay provision. Many 

commenters asked for a provision 

allowing a falconry bird to feed on prey 

that the falconer did not intend to have 

the raptor hunt. 

Response. We recognize that 

unintended take of other species may 

occur, and have added a provision 

covering this issue to these regulations. 

Issue. Electronic reporting. Many 

commenters asked that we allow paper 

reporting on 3-186A forms. 

Response. We have added this 

provision. At the discretion of your 

State, tribe, or territory, you may submit 

completed paper 3-186A forms to your 

permitting authority. The State, tribe, or 

territory must then enter the 

information from the forms into the 

electronic reporting system. Your State, 

tribe, or territory may require that you 

submit 3-186A forms electronically or 

on paper. 

Issue. Electronic signatures on 3-186A 

forms. 

• ‘‘Electronic reports should have a 

provision indicating that information 

represented is true and correct, with 

some form of verifiable electronic 

signature. Electronic reports must have 

a narrative of the location of the capture 

or loss of a bird, not just GPS 

coordinates. By completing a form with 

a narrative of the take location, as well 

as UTM coordinates, and signing the 

document CDOW will have the ability 

to account for legal possession of birds 

and if necessary recourse for possible 

law enforcement investigations.’’ (State 

agency) 

• ‘‘Electronic reporting by falconers 

brings up several questions. Are 

falconers responsible by law for false 

information reported? This is probably 

not true according to current Montana 

law. It is likely that assumption of 

current FWS responsibilities by states 

and tribes would require timeconsuming and expensive legislative 

initiatives and administrative rulemaking processes.’’ (State agency) 

Response. The electronic reporting 

system merely implements an on-line 

version of the current 3-186A form. The 

same provisions for reporting on paper 

with the current 3-186A form will still 

apply. However, we recognize State 

concerns about signed forms. To avoid 

the expense and complication of 

electronic signatures on 3-186A forms, 

we will either add a signature box to the 

forms, and direct the permittee to print 

the completed form, sign it, and mail it 

to his or her permitting agency if the 

agency requires a signed form; or we 

will add language to the 3-186A form 

telling the submitter that clicking on a 

submission button is the equivalent of 

signing the form. 

Issue. Restrictions on falconry 

activities in the vicinity of endangered 

species. Many commenters disagreed 

with this addition to the regulations. 

Some argued that this provision would 

virtually eliminate falconry in much of 

the country. 

• ‘‘The section on hacking birds in the 

‘‘vicinity’’ of threatened or endangered 

wildlife should be omitted as it is so 

open to interpretation that it could lead 

to serious law enforcement issues and as 

written, would make falconry 

impossible to practice anywhere 

without risking breaking that rule.’’ 

• ‘‘Another issue that concerns me is 

the proposed restriction on hawking and 

hacking in the vicinity of threatened or 

endagered [sic] species. This regulation 

creates yet another law enforcement 

gray area that could potentially make it 

impossible to fly a bird anywhere. 

Requiring a falconer to be aware of the 

presence of such threatened or 

endagered [sic] species before flying his 

or her bird is far from practical and is 

not required of any other regulated 

sportsmen. Along similar lines giving 

that good falconry requires controlling 

as many variables as possible the 

falconer cannot always make sure his or 

her bird pursues only the intended 

quarry.’’ 

• ‘‘We acknowledge the practical 

limitations of monitoring such activities 

but would rather demonstrate our 

endorsement of scrupulous behavior by 

falconers by having such language in the 

regulations rather than risk an 

interpretation of implicit lack of such 

concern if the language were not here.’’ 

(State agency) 

Response. We doubt that the need to 

exercise caution when conducting 

falconry activities or hacking falconry 

raptors will eliminate the practice of the 

sport. This requirement means only that 

you observe due caution when 

considering the practice of falconry - the 

same obligation faced by other citizens 

in their activities. It is left in place in 

these regulations (§ 21.29 (f)(17)). 

Issue. Apprentice examination 

development and administration. 

• ‘‘There is a need for uniform 

standards governing testing. The 

proposed rule would allow states to 

revise their falconry examinations 

without federal approval once the State 

is certified. No explanation is provided 

for this change. All falconers should 

have to meet a basic, standardized level 

of knowledge. Allowing states to modify 

falconry exams without federal review 

creates a potential for disparities in the 

rigor and substance of individual State 

testing approaches. At bare minimum 

we would recommend that FWS create 

a standard examination to which State 

could add but not reduce.’’ 

• ‘‘The exam should be standard, but 

administered by the States.’’ 

• ‘‘We support removing the need to 

approve revisions of the examination.’’ 

(State agency) 

Response. Inasmuch as all States, 

tribes, and territories that allow falconry 

must meet the standards in these 

regulations, we do not believe that they 

will test to a less rigorous level. Further, 

we believe that because the species 

present in different locations vary, there 

is merit in letting each permitting 

authority test on relevant and current 

information. However, the regulations 

require our approval of changes in a 

State’s, tribe’s, or territory’s falconry 

examination. 

Issue. Regulation of captive-bred 

birds. Some commenters argued that the 

regulations were more extensive than 

necessary for birds that do not come 

from the wild. 

• ‘‘I believe that captive raised raptors 

are not part of the wild resource and 

should not be regulated as such. I think 

that the seamless band and 3-186a form 

is proof enough that they weren’t wild 

taken and should be exempt from these 

regulations.’’ 

• ‘‘For the most part, the effort to 

regulate captive bred raptors should be 

abandoned.’’ 

• ‘‘I also believe that captive bred 

birds should be allowed to be held in 

any number by and by any permit level 

of falconer since the captive bred birds 

were never wild, and that only wildcaught bird numbers should be limited 

when biologically necessary.’’ 

Response. We believe that regulation 

of captive-bred migratory birds is 

necessary for us to fulfill our mandate 

to protect migratory bird populations. 

However, we agree that possession of 

captive-bred falconry raptors has no 

impact on wild populations. Therefore, 

we will not limit the number of captivebred birds a Master Falconer may use in 

falconry. However, we have not 

removed a falconer’s responsibility to 

maintain captive-bred raptors under the 

same humane and healthful conditions 

as raptors taken from the wild. 

Issue. Captive-bred raptors for 

Apprentice Falconers. We proposed to 

allow an Apprentice Falconer to possess 

a captive-bred, non-imprinted raptor. 

This issue also generated many 

comments. Most people who 

commented on this issue argued that we 

should require an Apprentice to trap a 

bird from the wild so that he or she 

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might be better able to trap a lost bird, 

and that the Apprentice should not be 

allowed to possess captive-bred raptors. 

Further, some commenters suggested 

that captive-bred raptors are 

inappropriate birds for Apprentices to 

handle and train. Some commenters 

opined that we should not regulate such 

possession. Others argued that 

Apprentices should be able to possess 

birds from any source. 

• ‘‘I also support the provision 

allowing Apprentices to have captivebred, non-imprinted birds of the 

allowed species. While captive-bred 

birds are not ideal for an Apprentice, 

they will make the sport more accessible 

and expand the options available to 

beginners. Falconers who do not wish 

their Apprentices to fly captive-bred 

birds can enforce their wishes simply by 

refusing to sponsor an Apprentice who 

does not obtain birds in the desired 

manner; they should not attempt to use 

regulation to force all other Apprentices 

to fly only birds trapped from the wild. 

Although I do not yet sponsor 

Apprentices, I would consider captivebred birds to be a last resort, not the 

first.’’ 

• ‘‘We disagree that Apprentice 

Falconers do not need to capture a 

raptor themselves [sic]. We understand 

the concern associated with the lack of 

trapping experience of an Apprentice 

Falconer, however, the proposed 

regulation is commonly known as partyhunting, and is illegal in most States. 

This action will also inhibit the 

sponsor-Apprentice training by 

eliminating an experience the 

Apprentice will need to become a 

knowledgeable falconer.’’ (State agency) 

• ‘‘We do not support the change to 

allow Apprentice Falconers to possess 

captive-bred birds as listed in 21.29 

(b)(3)(i)(H). Unskilled falconers are the 

most likely group to improperly train or 

lose their bird [sic]. If they possess a 

wild caught passage bird such as a Redtailed Hawk loss of the bird will not 

have a negative impact on wild 

populations and the bird is well 

equipped for survival in the wild. Wild 

caught raptors are typically the most 

appropriate birds for falconry because 

they are well suited to hunting and 

capturing local game species. Allowing 

individuals to choose from a wide array 

of species complicates their training 

efforts and may even make it more 

difficult for them to successfully train 

and hunt with their falconry bird. We 

do not see a need to allow individuals 

to have captive-bred raptors at the 

apprentice level.’’ (State agency) 

• ‘‘Apprentice Falconers should be 

required to trap wild hawks native to 

North America. That is to say, flighted 

juvenile raptors independent of their 

parents. There is no logic in allowing an 

Apprentice to possess a captive-bred 

raptor when, under the proposed 

changes, they still cannot legally acquire 

a nestling raptor from the wild.’’ (State 

agency) 

• ‘‘Apprentices should not possess 

captive bred raptors. They should 

continue to be restricted to capture of 

wild passage raptors. This is consistent 

with basic apprentice management 

whereby they possess wild caught 

raptors that are capable of surviving in 

the wild if/when they escape or are 

released.’’ (State agency) 

Response. We understand the points 

made by those who were concerned 

about this change. However, captivebred birds do not affect wild 

populations of raptors, so we believe it 

is reasonable to leave the decision on an 

appropriate bird for an Apprentice to 

the Apprentice and his or her sponsor. 

In addition, any State, tribe, or territory 

may further regulate possession of 

captive-bred raptors by Apprentices. We 

leave this provision in place in these 

regulations (§ 21.29 (c)(3)(i)(E)). 

Issue. Species for Apprentice 

Falconers. Some commenters favored 

allowing Apprentices to possess any 

species that General Falconers may 

possess, arguing that the impact of take 

by Apprentices on wild populations 

would be extremely small. 

• ‘‘We disagree that an Apprentice can 

possess any species of captive-bred 

Falconiformes. This would allow 

Apprentices to have peregrines, which 

are more difficult to train for falconry 

than red-tail hawks or American 

kestrels.’’ (State agency) 

• ‘‘All species limitations applied 

through the apprentice/general/Master 

classification should be eliminated even 

with respect to wild-caught raptors. 

[T]he delineation of some species as 

acceptable for certain license levels and 

some not is arbitrary and capricious and 

should be eliminated.’’ 

• ‘‘The framing of the recommended 

change is inconsistent with what the 

proposed regulations actually state and 

is not a representative statement of the 

change. The proposed change actually 

permits a substantial increase in the 

species which could be possessed by 

apprentices which is not reflected in 

this framing.’’ (State agency) 

Response. Though Apprentices were 

allowed only one additional wildcaught species in the proposed rule, we 

proposed that they be allowed many 

species of captive-bred raptors. We 

changed the language in this final rule 

to clarify this point and added to the 

species Apprentice Falconers may 

possess. There are only a few hundred 

Apprentice Falconers in the U.S. at any 

time. We believe that take of wild 

raptors by these individuals would be 

without discernible impact on any 

population, particularly since the 

abundant red-tailed hawk is considered 

by many falconers to be the best bird for 

an Apprentice to use in starting 

falconry. Having considered this issue, 

we have opened the list of species 

available to Apprentice Falconers to 

include all species except golden eagles 

and national species of conservation 

concern (§ 21.29 (c)(3)(i)(E)). 

Issue. ‘‘We believe there needs to be 

a U.S. residency requirement for 

falconry permit applicants to harvest a 

wild raptor. Residency requirements are 

in place for hunting, trapping, and 

fishing licenses (i.e. permits) in all 

States. We believe that all new residents 

must first establish residency within the 

U.S. before they are issued a permit to 

harvest raptors for falconry purposes. If 

residency is not mandated, we 

encourage the development of an 

alternate permit for non-U. S. residents 

to harvest a wild raptor.’’ 

Response. Take of raptors is well 

regulated by the States, and we see no 

need to invoke such a requirement. 

Issue. Hacking’’ of raptors held for 

falconry. 

• ‘‘In accordance with long-standing 

Service regulations, it should be clearly 

stated that hacking is an approved 

method for falconers to condition 

raptors for falconry.’’ (State agency) 

• ‘‘We do not support the practice of 

hacking falconry birds under Section 

21.29 (e)(2). One of the primary 

concerns our Biologists have about the 

sport of falconry is the opportunity for 

a non-native bird to be released into the 

wild. Our agency is concerned that 

these birds may potentially introduce 

diseases to our wild raptors, may 

attempt to breed with local populations 

or may have a negative impact on wild 

raptors either through aggressive 

behavior or depletion of the existing 

prey base. For these reasons, we would 

be opposed to allowing a person to 

intentionally release their falconry bird 

into the wild for any period of time.’’ 

(State agency) 

• ‘‘Good inclusion to specifically 

address ‘hacking’ since this has been 

missing in current regulations and is 

being increasingly used. WDFW 

recently did an analysis of this to permit 

in Washington.’’ (State agency) 

• ‘‘Release of hybrids, including shortterm hacking, should be illegal.’’ (State 

agency) 

• ‘‘We ask for a clearer definition of 

the term ‘‘hacking.’’ It’s [sic] use here 

apparently refers to a hunting/training 

mechanism for the raptors. Normally, 

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the term hacking does not normally 

refer to a ‘‘temporary’’ release of a 

raptor, but conditioning for a permanent 

release back into the wild.’’ (State 

agency) 

Response. The commenters are 

correct. The term ‘‘hacking’’ has been 

used to mean both preparing birds for 

release to the wild, and (in falconry) 

temporary release of a falconry raptor to 

the wild to force it to learn to hunt on 

its own. In these regulations, we are 

concerned only about the latter 

definition. Wild-caught raptors used in 

falconry would be unlikely to need 

hacking, but some captive-bred raptors 

may benefit from it, and we doubt that 

it would have a significant impact on 

wildlife populations or the 

environment. We believe that the 

safeguards for release of hybrid raptors 

(two transmitters are required) are 

sufficient to protect wild populations. 

However, any State, tribe, or territory 

may restrict hacking or the release of 

hybrid raptors. 

Issue. Non-native species. ‘‘[W]e 

request that the USFWS consider the 

potential detrimental impacts to 

Colorado raptors through the 

importation of non-native species and 

the resulting spread of disease, as well 

as the commercialization of raptors.’’ 

Response. The regulations at 50 CFR 

21.12 are regulations for import to, and 

export from, the United States. The 

import of raptors into a State may be 

further restricted by the State.Issue. 

‘‘The CDOW perceives that the 

proposed Service regulations could 

result in some negative impacts to wild 

raptor, including golden eagle, 

populations. The outcome of the 

cumulative impact of the proposed 

changes is unknown, but is likely to 

increase take. (These proposed changes 

include, are not limited to: increase in 

the number of birds each falconer may 

hold, a decrease in the minimum age for 

Apprentice Falconers, and a proposed 

change in the ‘‘definition’’ of ‘‘bird 

taken from the wild,’’ in which this 

classification is dropped once the bird 

has been transferred). The USFWS does 

not describe any analysis suggesting 

what the increased take would be or that 

is increased take would have no 

negative impacts. Native raptors are 

highly valued by many of our 

constituents, and we would find it 

difficult to defend an increase in take 

without an analysis of its impact.’’ 

(State agency) 

Response. We disagree. The definition 

of ‘‘wild’’ raptor is intended to clarify 

these regulations, and has no effect on 

the number of birds taken from the wild. 

Further, the term ‘‘wild’’ raptor is not 

‘‘dropped once the bird has been 

transferred (§ 21.29 (f)(1)).’’ This rule 

states that a raptor taken from the wild 

‘‘is considered to be taken from the wild 

only by the person who actually 

captured it,’’ but that any raptor 

removed from the wild is always 

considered a ‘‘wild’’ bird. We believe 

that the changes in this rule will have 

very minimal impacts on raptor 

populations (see U.S.F.W.S. 2007, in 

which we determined that most take for 

falconry is a tiny fraction of what the 

populations could sustain). We also 

believe that the changes will be 

compatible with the preservation of the 

golden eagle.Issue. Clarity of the 

regulation. ‘‘For some regulations the 

question and answer format does not 

work well, for example ‘‘How may I take 

raptors from the wild for use in 

falconry?’’ The answers are embedded 

in the various responses (i.e. by 

someone with a permit, by someone 

without a permit but in the presence of 

another person with a permit, etc ). In 

many instances the regulations would 

be more direct and clearly stated in 

bullets or a different format. To further 

complicate issues, regulatory 

information is found in multiple 

sections (for example, possession of 

eagles for falconry).’’ (State agency) 

Response. We agree with these 

comments, and we changed the wording 

of many parts of this rule to respond to 

suggested changes. We also reorganized 

the regulations to address the concerns 

about regulations in multiple sections. 

Issue. Permission to trap golden 

eagles. 

• ‘‘Persons wishing to trap golden 

eagles should have permission from the 

landowner or land management agency 

to trap ANY bird.’’ (State agency) 

• ‘‘Landowner permission must not be 

a condition to trap a golden eagle or any 

other raptor. This gives wildlife 

management authority to land 

management agencies with no statutory 

wildlife authority. Private lands access 

is another issue and is regulated by 

State trespass laws.’’ (State agency) 

• ‘‘When capturing a golden eagle for 

falconry purposes the USFWS draft 

regulation indicates that the landowner, 

which would include a land 

management agency (BLM, USFS, BR, 

State Land Departments, etc.), must 

authorize the activity. Neither the States 

nor the Service should be authorizing 

land managers to regulate wildlife. They 

do not currently have that statutory 

authority. Please delete this line item in 

its entirety.’’ (State agency) 

Response. We believe that this issue 

was made clear in paragraph (e)(14) of 

the proposed rule for all falconry, and 

in paragraph (b)(3)(iv)(F)(3) for eagle 

trapping. We simply intended to make 

it clear that these regulations do not 

authorize capture of a golden eagle for 

falconry if the capture is not allowed by 

the agency or if entry to private land is 

not allowed by the landowner. 

However, the relevant language is 

further clarified in this final rule (§ 

21.29 (f)(16)); the regulations state that 

a falconer does not need special or 

written permission to capture, fly, or 

release a falconry bird on public lands 

if the action is authorized there. A land 

management agency need not take 

special measures or otherwise authorize 

take of a golden eagle if the agency’s 

regulations or other language already 

allow the take.Issue. ‘‘The State wildlife 

agency should also be notified prior to 

trapping golden eagles.’’ (State agency) 

Response. Any State or tribal agency 

can require this notification of 

permittees.Issue. ‘‘There needs to be a 

clear distinction who will be 

administering the propagation permits. 

As we understand it, the USFWS, not 

the states, will administer these 

permits.’’ (State agency) 

Response. This rule does not change 

our administration of propagation 

permits; we will continue to issue 

them.Issue. Capture requirements. 

‘‘[Paragraph] (d)(3)(vi)(A) [6987,3] Subsection (v) appears to be contradicted by 

(vi)(A) in that the disposition of the bird 

is at the discretion of the State Under (v) 

and appears to be specifically 

determined by the guidelines given 

under (vi)(A). One of these proposed 

changes needs to be changed to bring 

them into agreement.’’ (State agency) 

Response. Paragraph (d)(3)(vi)(A) 

referred to initial capture of a raptor 

from the wild. Paragraph (v) referred to 

recapture of a lost falconry bird.Issue. 

‘‘Individual clutch size varies between 

species & the requirement for leaving 

birds in the nest should be set at a perspecies level for a biological basis.’’ 

(State agency) 

Response. We believe that the 

commenter requests that we mandate 

how many young of any species must be 

left in a nest. Any State, territory, or 

tribe may further regulate take of 

nestlings. States have effectively 

restricted take conditions such as timing 

of take, locations of take, and leaving 

nestlings. We are not aware of any 

problems related to State regulation of 

take, but we will propose amendments 

to these regulations to address this 

concern if it becomes necessary to do so. 

Issue. State or tribal restrictions. 

• ‘‘The proposed regulations prohibit 

falconry raptors from being used for 

entertainment, promotion of any goods, 

etc., but allow charging a fee for 

presentations to conservation education 

programs. The regulation needs to defer 

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to State or tribal regulations which may 

further restrict falconry raptors use in 

these activities.’’ (State agency) 

•The regulations ‘‘should explicitly 

state that State law may enact and 

enforce regulations and standards that 

are more restrictive than Service 

Regulations.’’ (State agency) 

Response. We stated in paragraph 

(a)(4)(ii) of the proposed rule and in 

these regulations that ‘‘State, tribal, or 

territorial laws may be more restrictive 

than these Federal standards but may 

not be less restrictive (§ 21.29 

(b)(1)(iii)).’’Issue. ‘‘With the new 10(j) 

designation pending statewide in 

Arizona and New Mexico, would this 

regulation require Apprentice Falconers 

to have a sponsor at all times and at all 

locations in these two states? We believe 

Apprentice Falconers should have a 

sponsor [sic] with them while trapping 

regardless of which county they are in.’’ 

(State agency) 

Response. No, the trapping restriction 

in aplomado falcon (Falco femoralis) 

habitats applies only to the counties 

listed in these regulations. In other 

circumstances, it is advisable for an 

Apprentice Falconer to have his or her 

sponsor present when trapping, but it is 

not required.Issue. Capture of raptors in 

some counties in Texas; restrictions due 

to concerns about aplomado falcons. 

‘‘TPWD prefers to leave the number of 

counties as is. The same ethical 

requirements for cessation of trapping 

activities would apply regardless of the 

county listed. The counties listed are 

those within which northern aplomado 

falcons have been observed and this is 

the only basis we have for establishing 

their range within Texas.’’ (State 

agency) 

Response. This comment seems to 

endorse our regulations proposal. This 

provision is unchanged.Issue. Differing 

permit requirements. ‘‘It is not 

consistent to have applicants for a 

General Falconry permit sign a letter: 1) 

certifying use of their raptors for 

falconry, 2) State their qualifications for 

the permit, and 3) for the states to 

conduct a review of raptors they 

possess, when this is not required of an 

applicant for a Master Falconry permit. 

It should be completed for both a 

General and Master applicant, or 

neither. We prefer neither.’’ (State 

agency) 

Response. We believe it is appropriate 

to ask more about the qualifications of 

an Apprentice Falconer wishing to 

advance to General Falconer, than of a 

General Falconer wishing to advance. 

However, some of the certification 

requirements have been eliminated from 

this final rule. 

Issue. Certification language. ‘‘[T]he 

certification example [should be 

clarified to avoid the general 

terminology (i.e., ‘‘. ..the other 

applicable parts of subchapter B of 

chapter I of title 50...’’) replacing it with 

the specific regulations to which the 

falconers are agreeing.’’ 

Response. We disagree. This is the 

standard language in 50 CFR 13.12, 

which we do not change in this rule. 

Further, a change in the language could 

require that we change the falconry 

regulations if any change is made to the 

relevant regulations elsewhere. 

Therefore, we have not changed this 

language. 

Issue. Reinstatement of lapsed 

permits. 

• ‘‘The proposed changes clarify the 

requirements for reinstating permits that 

have lapsed. We support requiring the 

examination for permittees that do not 

renew for five years or more and 

requiring a facility inspection after 2 

years or more as stated in 21.29 

(b)(5)(ii), 21.29 (b)(5)(iii) and 21.29 

(b)(5)(iv).’’ (State agency) 

• ‘‘Five years is a sufficiently long 

period to allow for lapsing of a permit. 

Any longer than that and we feel that 

experiences and skills may be 

significantly diminished.’’ (State 

agency) 

Response. We received conflicting 

opinions on this issue. These 

regulations will allow reinstatement of a 

lapsed permit for up to 5 years. An 

individual who has not had a permit for 

5 years or more must have his or her 

facilities inspected before he or she may 

acquire a falconry raptor. Any State, 

tribe, or territory can invoke additional 

requirements for reinstatement of a 

lapsed permit (§ 21.29 (c)(5)). 

Issue. Housing requirements. ‘‘In 

Section 21.29 (b)(5)(iii) the proposed 

changes preempt State housing 

requirements. We recommend that this 

section be reworded to read: If your 

permit has lapsed less than 2 years, you 

must provide written verification to 

your State, tribal, or territorial agency 

that regulates falconry stating that your 

falconry facilities meet the standards in 

paragraph (c)(1) of this section and meet 

the standards of the permitting State or 

tribal lands.’’ 

Response. We disagree. These 

regulations require a statement about 

the individual’s falconry facilities, but 

any State may establish additional 

requirements.Issue. Permittees with 

facilities in more than one location. 

‘‘Under Section 21.29 (c)(7) and Section 

21.29 (c)(8) the issue of dual residency 

is addressed. Although we support 

allowing states to issue a permit it is not 

clear whether or not all states will be 

issuing resident permits. We would 

suggest that a resident permit be issued 

by the State where the falconer 

maintains a legal residence. All other 

permits would be non-resident, and 

would be required to meet all the same 

requirements as a resident permittee if 

the State so chooses. Suggested wording 

for Section 21.29 (c)(7): The State or 

Tribe in which you are not a legal 

resident may require that you obtain a 

non-resident falconry permit if you 

reside there for at least 30 days per year. 

You must contact the State or tribal 

agency that regulates falconry to 

determine whether you need a permit.’’ 

(State agency) 

• ‘‘We recommend that Section 21.29 

(b)(2)(iii) be reworded to read: 

If you have a residence in other states 

or on tribal lands other than the State or 

tribal lands in which you comply with 

legal residence requirements for more 

than 30 days a year, your falconry 

facilities at any other location must be 

inspected by the State or Tribe. The 

falconry housing facilities located in 

another State must meet the standards 

in paragraph (c) of this section, must 

meet the standards of the corresponding 

State or tribal lands and must be listed 

on your resident and nonresident 

falconry permits.’’ (State agency) 

• ‘‘Suggested changes to Section 21.29 

(c)(8) are similar to those in Section 

21.29 (b)(2)(iii): If you live in a State or 

on tribal lands for more than 30 days a 

year other than the State or tribal lands 

in which you maintain your legal 

residence, your falconry facilities in the 

other states or tribal lands must be 

inspected by the State or Tribe. The 

facilities in all states and tribal lands 

must meet the standards in paragraph 

(c) of this section, must meet the 

standards of the corresponding State or 

tribal lands and must be listed on all 

resident and non-resident falconry 

permits.’’ 

Response. These are good suggestions. 

We have changed the relevant language 

to state that facilities away from the 

permittee’s residence also must be 

inspected (§ 21.29 (d)(2)(i) and 

(ii)).Issue. Taking banded raptors taken 

from the wild. ‘‘We do not support 

taking a raptor banded with a Federal 

Bird Banding Laboratory aluminum 

band from the wild as listed in Section 

21.29 (d)(3)(vi). Any bird that has been 

banded or marked for the purpose of 

research should be returned to the wild 

immediately after capture. We 

recommend that this requirement apply 

to all species and not just peregrine 

falcons.’’ (State agency) 

Response. We discussed this issue 

with the Federal Bird Banding 

Laboratory prior to publication of the 

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proposed regulations. The laboratory 

endorsed the position we took. We did 

not change the requirements in this final 

rule. 

Issue. Temporary possession of 

raptors while trapping. 

• ‘‘The AGFC opposes the draft 

regulation which would allow a falconer 

to take a raptor and keep it as part of 

their [sic] possession limit. This activity 

as proposed is in violation of the 

Arkansas Game and Fish Commission 

Code of regulations which defines 

‘‘take,’’ in part, ‘‘to trap, capture or 

reduce to possession.’’ If a raptor is 

‘‘taken’’ it has been trapped and is in the 

falconer’s possession and must become 

and remain part of the falconer’s limit. 

We recommend the Service delete this 

section of the proposed regulations and 

allow the states to deal with it within 

their legal frameworks.’’ (State agency) 

• ‘‘The draft regulations allow a 

falconer to take a raptor and hold it for 

several hours before they make the 

decision to keep it as part of their 

possession limit or not. This activity is 

in violation of the laws of most if not 

all states. If an animal is ‘‘taken’’ is has 

been reduced to possession and must 

remain part of the falconer’s limit. 

Recommend deleting this section and 

let the states deal with it within their 

legal: frameworks.’’ (State agency) 

• ‘‘Remove the proposal to allow a 

falconer to hold a captured raptor for 

several hours before reducing them to 

possession. If an animal is ‘‘taken’’ it 

has been reduced to possession and 

must remain part of the falconer’s 

limit.’’ (State agency) 

• ‘‘We agree that no falconer should be 

allowed to ‘‘cull’’ raptors taken, by 

holding them longer than time that 

would allow for immediate release. 

States will develop appropriate 

regulations within legal frameworks.’’ 

(State agency) 

Response. We recognize the difficulty 

that this change would create for the 

States. We have removed this language 

from this final rule. 

Issue. Falconers assisting 

rehabilitators in conditioning raptors for 

release. 

• ‘‘We also support the option for 

General and Master Class falconers to 

assist wildlife rehabilitators in training 

young raptors prior to their release as 

stated in Section 21.29(e)(9).’’ 

• ‘‘Falconers should be allowed to 

assist with rehabilitation efforts. 

However, this begs the question >Why 

should a licensed falconer be permitted 

under an individual rehabilitator who 

likely knows less than they [sic] do 

about raptor health, behavior and 

management?’’ (State agency) 

Response. Permitted migratory bird 

rehabilitators are knowledgeable about 

avian health and care, but may not be 

equipped to properly condition injured 

raptors for release. The rehabilitation 

regulations require that every individual 

working with a rehabilitator be a 

subpermittee, so we wrote the proposed 

falconry regulations to accommodate 

this requirement. However, we 

understand the issue raised by the State 

agency and other comments received. In 

this final rule we amend the 

rehabilitation regulations to exempt 

falconers from the subpermittee 

requirement ((§ 21.31 (e)(3))). 

Issue. Transfer of rehabilitated 

raptors. 

• ‘‘We do not however support the 

option for rehabilitators to permanently 

place a healthy raptor with a falconer 

under Section 21.29 (d)(6). In the event 

that this activity is allowed the State, 

not the rehabilitator, should have sole 

discretion for allowing the transfer to 

occur. Allowing rehabilitators to 

transfer healthy birds to falconers for 

permanent use creates a number of 

concerns such as the appropriate 

circumstances that warrant the transfer, 

the time of year this would be 

authorized, at what age is the bird 

transferable and how does the State 

handle situations in which there 

appears to be abuse of this activity.’’ 

• ‘‘The State must be able to restrict 

the acquisition of a bird for falconry 

purposes obtained from a licensed 

rehabilitator. This change to 21.31: 

Rehabilitation Permits, should not allow 

the transfer of the bird from a 

rehabilitator to a falconer without 

approval from the State!’’ (State agency) 

Response. Any State, tribe, or territory 

may restrict such transfers.Issue. 

‘‘Falconers should not be removing any 

bird from the wild that is listed as 

federally or locally threatened or 

endangered.’’ (State agency) 

Response. Falconers can do so only 

with an appropriate permit or permits. 

This provision has long been in the 

falconry regulations, and we are not 

aware of issues with endangered or 

threatened species. This provision is left 

in place in this final rule. 

Issue. Foreign visitors practicing 

falconry. 

• ‘‘We support allowing visitors to the 

United States the opportunity to 

practice falconry as stated in 21.29 

(e)(12). However, the State should have 

the option of issuing a non-resident 

permit or a temporary permit. In our 

State, we already have regulations 

allowing for a one year nonresident 

falconry permit.’’ (State agency) 

• ‘‘This section did not address the 

case of foreign falconers who come to 

the U.S. for 6 months out of the year or 

who possess green cards, work visas, 

etc. If these individuals can legally 

secure a State falconry license, they 

should be allowed to trap and train a 

wild raptor.’’ (State agency) 

Response. These regulations do not 

prevent a State, tribe, or territory from 

providing such a permit, and address 

doing so with ‘‘temporary’’ permits. An 

individual who has resident status may, 

at the discretion of the permitting 

agency, obtain a falconry permit.Issue. 

Abatement with falconry birds. ‘‘You do 

not address the use of birds possessed 

under a falconry permit for the control 

of nuisance, non-protected birds, such 

as feral pigeons and European starlings. 

This use of falconry birds is becoming 

more common and is becoming a source 

of income for several falconers in 

Indiana. While the long-term 

effectiveness of this use of a falconry 

bird is not currently known, it is 

becoming more and more common. 

Currently the regulations do not 

prohibit this activity since the bird is 

‘‘hunting’’ or ‘‘being trained’’ to hunt. 

This issue needs to be addressed. The 

State of Indiana will pursue additional 

restrictions in this area, but it would be 

helpful if the USFWS also addressed the 

legality of this.’’ (State agency) 

Response. We have a guidance 

memorandum for the use of raptors in 

abatement and a new application form. 

See 72 FR 69705-69706 (December 10, 

2007), and http:// 

migratorybirds.fws.gov. 

V. Required Determinations 

Regulatory Planning and Review 

(Executive Order 12866) 

The Office of Management and Budget 

(OMB) has determined that this rule is 

significant and has reviewed this rule 

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 

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59464 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 

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 (i.e., 

small businesses, small organizations, 

and small government jurisdictions). 

However, no regulatory flexibility 

analysis is required if the head of an 

agency certifies the rule does 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 does not have a significant 

economic impact on a substantial 

number of small entities because the 

changes we are proposing are intended 

primarily to clarify the requirements for 

falconry and the procedures for 

obtaining a falconry permit. 

This determination is based on the 

fact that we are proposing limited 

changes to the current requirements for 

falconry facilities (housing). To legally 

practice falconry in the United States, 

an applicant will be required to obtain 

a State, tribal, or territorial falconry 

permit. To do so, he or she must 

demonstrate knowledge of falconry and 

must have facilities for keeping falconry 

raptors that will protect them from 

weather extremes. The changes in the 

regulations will require minimal 

changes to the facilities of some 

falconers, but affect neither the 

information collected nor the fees 

required to obtain a permit. 

Consequently, we certify that because 

this rule does 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 does not 

have a significant 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. If all falconry permittees had 

to rebuild their falconry facilities to 

comply with the regulations, at an 

estimated $2,000 each, the total cost to 

permittees would be $8,000,000. This 

highest-cost estimate for compliance 

with this rule by permittees would be a 

one-time expenditure. 

b. This rule will not cause a major 

increase in costs or prices for 

consumers, individual industries, 

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 foreignbased 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 does not ‘‘significantly or 

uniquely’’ affect small governments. A 

small government agency plan is not 

required. Falconry is an endeavor of 

private individuals. Neither regulation 

nor practice of falconry affects small 

government activities in any significant 

way. 

b. This rule does 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 

revisions, nearly every State already has 

falconry regulations in place. Therefore, 

revisions of the State regulations should 

not be significant. 

Takings 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. This rule does not 

contain a provision for taking of private 

property. A takings implication 

assessment is not required. 

Federalism 

This rule does not have sufficient 

Federalism effects to warrant 

preparation of a Federalism assessment 

under Executive Order 13132. It does 

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 Executive Order 

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 these regulations under 

the Paperwork Reduction Act of 1995. 

OMB has approved the information 

collection requirements of the Migratory 

Bird Permits Program and assigned 

clearance number 1018-0022, which 

expires November 30, 2010. This 

regulation will eliminate the Federal 

falconry permit, and reduce the burden 

for both permittees and the migratory 

bird permit offices. It 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 

This rule does not change the take of 

raptors from the wild allowed for each 

permittee each year, though it will allow 

a small increase in total take over a 

short term. The changes will delegate 

administration of falconry permitting 

and the practice of falconry to the States 

and tribes, and are otherwise largely to 

reorganize the regulations, make them 

clearer, and combine related sections. 

We have analyzed this rule in 

accordance with the National 

Environmental Policy Act (NEPA), 42 

U.S.C. 432-437(f) and part 516 of the 

U.S. Department of the Interior Manual 

(516 DM). We completed a Final 

Environmental Assessment (EA) in June 

2007 (U.S.F.W.S. 2007, 72 FR 31268) to 

assess establishment of regulations 

governing the take of raptors for 

falconry and raptor propagation. Based 

on our analyses in the EA, we 

concluded that the take of raptors from 

the wild for these purposes is not a 

major Federal action significantly 

affecting the quality of the human 

environment. You can obtain a copy of 

the EA by contacting us at the address 

in the ADDRESSES section. 

We further evaluated the 

environmental impacts of the significant 

changes to these regulations. 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 regulations 

changes do not have a significant effect 

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Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 59465 

on the human environment. Under the 

guidance in Appendix 1 of the 

Department of the Interior Manual at 

516 DM 2, we conclude that the 

regulations changes are categorically 

excluded because they ‘‘have no or 

minor potential environmental impact’’ 

(516 DM 2, Appendix 1 A (1)). No more 

comprehensive NEPA analysis of the 

regulations change is required. 

Environmental Consequences of this 

Action 

The changes we propose are primarily 

in the combining, reorganizing, and 

rewriting of the regulations. The 

environmental impacts of this action are 

limited. 

Socioeconomic. We do not expect the 

action to have discernible 

socioeconomic impacts. 

Raptor populations. This rule does 

not significantly alter the take of raptors 

for falconry in the United States. This 

rule will have little change on the 

effects of falconry on raptor 

populations. Each General or Master 

Falconer will still be allowed to take 

only 2 raptors from the wild per year for 

use in falconry. 

Endangered and Threatened Species. 

The regulations have new provisions 

governing falconry in habitats important 

to those threatened or endangered 

species that may be impacted by 

falconry. 

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 does not 

interfere with the tribes’ ability to 

manage themselves or their funds or to 

regulate falconry on tribal lands.Energy 

Supply, Distribution, or Use (Executive 

Order 13211) 

On May 18, 2001, the President issued 

Executive Order 13211 addressing 

regulations that significantly affect 

energy supply, distribution, and use. 

Executive Order 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 Executive Order 12866, and does 

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. 

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)). The 

Division of Threatened and Endangered 

Species concurred with our finding that 

the revised regulations will not affect 

listed species. 

VI. Literature Cited 

U.S. Fish and Wildlife Service. 2002. 

Birds of Conservation Concern, 2002. 

Division of Migratory Bird Management, 

Arlington, Virginia. 

U.S. Fish and Wildlife Service. 2007. 

Final Environmental Assessment: take 

of raptors from the wild under the 

falconry and the raptor propagation 

regulations. Division of Migratory Bird 

Management, Arlington, Virginia. 

List of Subjects in 50 CFR Part 21 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Transportation, Wildlife. 

List of Subjects in 50 CFR Part 22 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation, Wildlife. 

■ For the reasons stated in the preamble, 

we amend parts 21 and 22 of subpart C, 

subchapter B, chapter I, title 50 of the 

Code of Federal Regulations, as follows. 

PART 21—MIGRATORY BIRD PERMITS 

■ 1. Revise the authority citation for part 

21 to read as follows: 

Authority: Migratory Bird Treaty Act, 40 

Stat. 755 (16 U.S.C. 703); Public Law 95616, 

92 Stat. 3112 (16 U.S.C. 712(2)); Public Law 

106108, 113 Stat. 1491, Note Following 16 

U.S.C. 703. 

■ 2. Amend § 21.2 paragraph (b) by 

removing the words ‘‘Federal’’ and 

‘‘standards.’’ 

■ 3. Amend § 21.3 by revising the 

definitions of ‘‘falconry’’ and ‘‘raptor’’ 

and adding definitions of ‘‘hacking,’’ 

‘‘hybrid,’’ ‘‘imprint,’’ and ‘‘livestock 

depredation area,’’ in alphabetical order, 

to read as follows: 

§ 21.3 Definitions. 

* * * * * 

Falconry is caring for and training 

raptors for pursuit of wild game, and 

hunting wild game with raptors. 

Falconry includes the taking of raptors 

from the wild to use in the sport; and 

caring for, training, and transporting 

raptors held for falconry. 

Hacking is the temporary release of a 

raptor held for falconry to the wild so 

that it must survive on its own. 

Hybrid means offspring of birds listed 

as two or more distinct species in § 

10.13 of subchapter B of this chapter, or 

offspring of birds recognized by 

ornithological authorities as two or 

more distinct species listed in § 10.13 

of subchapter B of this chapter. 

Imprint, for the purposes of falconry, 

means a bird that is hand-raised in 

isolation from the sight of other raptors 

from 2 weeks of age until it has fledged. 

An imprinted bird is considered to be so 

for its entire lifetime. 

Livestock depredation area means a 

specific geographic location in which 

depredation by golden eagles has been 

recognized. The boundaries and 

duration of a livestock depredation area 

are declared by U.S.D.A. Wildlife 

Services or by a State governor. 

* * * * * 

Raptor means a migratory bird of the 

Order Falconiformes or the Order 

Strigiformes listed in § 10.13 of this 

chapter, including the bald eagle 

(Haliaeetus leucocephalus) and the 

golden eagle (Aquila chrysaetos). 

* * * * * 

§ 21.28 [Removed and Reserved] 

■ 4. Remove and reserve § 21.28. 

■ 5. Revise § 21.29 to read as follows: 

§ 21.29 Falconry standards and falconry 

permitting. 

(a) Background. 

(1) The legal basis for regulating 

falconry. The Migratory Bird Treaty Act 

prohibits any person from taking, 

possessing, purchasing, bartering, 

selling, or offering to purchase, barter, 

or sell, among other things, raptors 

(birds of prey) listed in § 10.13 of this 

subchapter unless the activities are 

allowed by Federal permit issued under 

this part and part 13 of this chapter, or 

as permitted by regulations in this part. 

(i) This section covers all 

Falconiformes (vultures, kites, eagles, 

hawks, caracaras, and falcons) and all 

Strigiformes (owls) listed in § 10.13 of 

this subchapter (‘‘native’’ raptors), and 

applies to any person who possesses 

one or more wild-caught, captive-bred, 

or hybrid raptors protected under the 

MBTA to use in falconry. 

(ii) The Bald and Golden Eagle 

Protection Act (16 U.S.C. 668-668d, 54 

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59466 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 

Stat. 250) provides for the taking of 

golden eagles from the wild to use in 

falconry. It specifies that the only 

golden eagles that may be used for 

falconry are those that would be taken 

because of depredations on livestock or 

wildlife (16 U.S.C. 668a). 

(2) ‘‘Possession’’ and short-term 

handling of a falconry raptor. We do not 

consider short-term handling, such as 

letting any other person hold or practice 

flying a raptor you possess under your 

permit, to be possession for the 

purposes of this section if you are 

present and the person is under your 

supervision. 

(3) Regulatory year for governing 

falconry. For determining possession 

and take of raptors for falconry, a year 

is any 12–month period for take defined 

by the State, tribe, or territory. 

(b) Federal approval of State, tribal, 

and territorial falconry programs. 

(1) General. 

(i) A State (including the District of 

Columbia), tribe, or territory under the 

jurisdiction of the United States that 

wishes to allow falconry must establish 

laws and regulations (hereafter referred 

to as laws) that meet the standards 

established in this section. To allow the 

practice of falconry on tribal lands by 

tribal members or residents, a tribe may 

either certify that it has adopted 

Service-approved State laws if those 

laws are fully enforceable on tribal 

lands, or issue its own laws and request 

our approval. 

(ii) The U.S. Fish and Wildlife Service 

(Service) Director must determine that a 

State, tribal, or territorial falconry 

permitting program meets the 

requirements and standards of this 

section. The Director must certify no 

later than January 1, 2014, that a State, 

tribe, and territory willing to allow 

falconry meets the federal standards. At 

that time, all Federal falconry permits 

and the Federal permitting program will 

end. Falconry will not be permitted in 

a State or territory or by a tribe after this 

date until that State, tribe, or territory 

develops a permitting program the 

Director certifies to be in compliance 

with these regulations. Also see 

paragraph (b)(12) of this section. 

(iii) State, tribal, or territorial laws 

may be more restrictive than these 

Federal standards but may not be less 

restrictive. For instance, a State, tribe, or 

territory may choose not to allow 

possession of some species of raptors 

otherwise allowed in this section. State, 

tribal, and territorial laws must be 

consistent with the terms contained in 

any convention between the United 

States and any foreign country for the 

protection of raptors and the Migratory 

Bird Treaty Act. 

(2) State, tribal, or territorial 

submission for approval. A State, tribe, 

or territory that wishes to allow falconry 

must submit to the Director: 

(i) The data required by paragraph 

(b)(l) of this section; 

(ii) A copy of the State’s, tribe’s, or 

territory’s Apprentice Falconer 

examination, which must at a minimum 

cover laws and regulations, raptor 

biology and raptor identification, 

trapping methods, facilities 

requirements, care of raptors held for 

falconry, and diseases and health 

problems of raptors, and training 

methods; and 

(iii) Copies of the laws and 

regulations governing falconry of the 

State, tribe, or territory, and certification 

that the laws and regulations meet the 

requirements of this section. 

(3) Electronic reporting. The State, 

tribe, or territory must work with us to 

ensure that the electronic 3-186A 

reporting system (http:// 

permits.fws.gov/186A) for reporting 

take, transfers, and loss of falconry birds 

is fully operational for residents of that 

jurisdiction. 

(4) Federal approval and terms. If we 

concur that the regulations and the 

examination meet the requirements of 

this section, we will publish a rule in 

the Federal Register adding the State, 

tribe, or territory to the list of those 

approved for allowing the practice of 

falconry. We will terminate Federal 

falconry permitting in any State 

certified under these regulations on 

January 1st of the calendar year 

following publication of the rule. 

(i) An approved State, tribe, or 

territory must notify the Service 

Director of any substantive revisions of 

their laws governing falconry and certify 

that they meet the requirements of this 

section. 

(ii) We must approve the falconry 

examination any time it is revised. 

(5) Review of a State, tribal, or 

territorial falconry program. We may 

review the administration of an 

approved State’s, tribe’s, or territory’s 

falconry program if complaints from the 

public or law enforcement 

investigations that indicate the need for 

a review, or revisions to the State’s, 

tribe’s, or territory’s laws or falconry 

examination. The review may involve, 

but is not limited to: 

(i) Inspecting falconers’ facilities to 

ensure that facilities standards in this 

section are met; 

(ii) Processing time of applications; 

(iii) Reviewing approved applications 

for completeness; 

(iv) Determining that permits issued 

are appropriate for the experience of the 

applicants; 

(v) Determining the adequacy of the 

State’s, tribe’s, or territory’s 

recordkeeping for the needs of State, 

tribal, or territorial and Federal law 

enforcement; 

(vi) Reviewing laws to determine if 

they meet the requirements of this 

section; and 

(vii) Reviewing a revised falconry 

examination to determine if it meets the 

requirements of this section. 

(6) Suspension of a State’s, tribe’s, or 

territory’s certification. 

(i) We may propose to suspend, and 

may suspend the approval of a State, 

tribal, or territorial falconry program in 

accordance with the procedures in 

paragraph (b)(6)(ii) of this section if we 

determine that the State, tribe, or 

territory has deficiencies in one or more 

items in paragraph (b)(5) of this section. 

(ii) When we propose to suspend 

approval of a State, tribal, or territorial 

falconry program, we will first provide 

written notice to the State, tribe, or 

territory. Any such notice will include 

the basis for our determination that 

suspension is warranted. We will 

identify the actions that would, if 

implemented by the State, tribe, or 

territory, allow us to cancel the 

proposed suspension of approval. 

(iii) The State, tribe, or territory will 

have 2 years from the date of our 

notification to correct the deficiencies. 

The State, tribe, or territory must 

respond in writing within that time to 

the proposed suspension, specifying the 

reasons why the certification should not 

be suspended. We will give due 

consideration to any objections and 

evidence raised by the State, tribe, or 

territory. 

(iv) If we continue to believe that 

suspension is warranted, we will 

provide written notice of suspension, 

including the rationale for suspension, 

and respond to any objections to the 

suspension. 

(A) The suspension of approval of the 

State’s, tribe’s, or territory’s falconry 

program will be effective 180 days from 

the date of the Service’s final 

notification of suspension. 

(B) The State, tribe, or territory must 

then inform all falconry applicants and 

permittees of the impending 

cancellation of permitting. 

(v) We will honor all falconry permits 

in that jurisdiction for 2 years from the 

date of our final notification of 

suspension of certification. At the end 

of the 2 years, you must transfer all 

raptors (including captive-bred raptors) 

held under permits from the State, 

tribal, or territorial falconry program to 

other falconry permittees in other States 

or territories, or to Federal raptor 

propagation or education permittees, 

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institutions exempt from the Federal 

permit requirements, or permanently 

released to the wild (if it is allowed by 

the State, tribe, or territory and by this 

section), or euthanized. However, you 

may not permanently release hybrid 

raptors to the wild. 

(7) Appeal of a decision to suspend 

State, tribal, or territorial certification. 

The State, tribe, or territory may appeal 

a decision to suspend certification to the 

Director within 180 days of the date of 

the Director’s decision. The Director 

will then respond to the State, tribe, or 

territory within 180 days of receipt of 

the appeal. The State, tribe, or territory 

certification will remain effective until 

the Director makes a final decision on 

the appeal. 

(8) Recertification of compliance with 

this section if a State’s, tribe’s, or 

territory’s falconry permitting authority 

has been suspended. If a State, tribe, or 

territory has had its falconry permitting 

authority suspended but has corrected 

its problems, it must submit a request 

for approval of its permitting activities. 

We will then either recertify the 

program, or report in writing why we do 

not believe that earlier permitting 

problems have been rectified. 

(9) Authority to suspend or revoke a 

falconry permit issued by a State, tribe, 

or territory. Suspension or revocation of 

a falconry permit is the responsibility of 

the State, tribe, or territory. However, 

compliance with all provisions of these 

regulations remains under the purview 

of the Fish and Wildlife Service. 

(10) Standards in effect in your place 

of residence. 

If your legal residence is in you may 

(i) [ - States, tribes, and territories in compliance with these revised regulations - ], practice falconry as permitted in these regulations if you have a permit from your State, 

tribe, or territory. 

(ii) Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, 

Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New 

Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, 

Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, or Wyoming, 

practice falconry under the Federal regulations 

in effect on November 7, 2008 (if falconry 

was allowed in your State at that time) until 

your State has certified that it meets the requirements in these regulations or until January 1, 2014. 

(11) Compliance date for the 

regulations in this section. A State with 

existing Federally-approved falconry 

regulations wishing to continue to allow 

falconry after January 1, 2014 must 

certify to the Director of the Fish and 

Wildlife Service that it is in compliance 

with this section. This section will be 

applicable for a State upon publication 

in the Federal Register of our notice of 

approval of the State’s certification. Any 

State certified to allow falconry under 

the Federal falconry regulations 

contained in §§ 21.28 and § 21.29 in 

effect prior to November 7, 2008 may 

continue to allow falconry under those 

provisions until: 

(i) We publish a notice of our 

approval of the State’s certification in 

the Federal Register; or 

(ii) January 1, 2014. 

(12) What will happen if a State with 

falconry regulations certified under 

earlier regulations does not come into 

compliance with this section by January 

1, 2014? If a State does not come into 

compliance with this section by the 

compliance date, we will require that all 

raptors held for falconry in that State or 

(including captive-bred raptors) be 

transferred to falconers in other 

jurisdictions, transferred to captive 

propagation programs, permanently 

released to the wild (if that is allowed 

by the State and by this section), or 

euthanized. However, you may not 

permanently release hybrid raptors to 

the wild. 

(c) Practicing falconry. 

(1) Practicing falconry where you 

reside. 

If your legal residence is in you may because your place of residence 

(i) the District of Columbia, Hawaii, on any 

tribal land, or in any U.S. territory, 

not practice falconry has not met the Federal falconry standards or 

does not allow the practice of falconry. 

(ii) any State other than Hawaii, in the District 

of Columbia, on any tribal land, or in any 

U.S. territory, 

practice falconry after you receive your State, 

tribal, or territorial falconry permit, if your 

State, tribe, or territory is in compliance 

with these regulations 

has met the Federal standards and allows the 

practice of falconry. 

(2) Permits and inspections to 

practice falconry. You must have a valid 

falconry permit from the State, tribe, or 

territory in which you reside (or the 

tribe on whose land you wish to 

practice falconry if you reside on tribal 

land or are a tribal member), to take, 

possess, or transport raptors for 

falconry, or to hunt with them. 

Depending on the game you hunt as a 

falconer and where you hunt, you also 

may need a Federal Migratory Bird 

Hunting and Conservation Stamp (a 

‘‘Duck Stamp’’), and State, tribal, or 

territorial hunting permits or stamps to 

hunt with a raptor. 

(i) Some State, tribal, territorial, or 

local governments may require you to 

have additional permits or licenses to 

practice falconry or to take a raptor from 

the wild. 

(ii) You must comply with all 

regulations governing migratory bird 

permitting. 

(iii) If you reside for more than 120 

consecutive days in a State or territory 

or on tribal lands other than the location 

of your primary residence, your falconry 

facilities in the second location must 

meet the standards in paragraph (d) of 

this section and of the corresponding 

State, tribal, or territorial lands, and 

your facilities must be listed on your 

falconry permit. 

(3) Classes of permit to practice 

falconry. We recognize Apprentice, 

General, and Master Falconer levels. 

Each State, tribe, or territory may have 

any number of permit levels, but the 

standards for them must be at least as 

restrictive as these Federal standards. 

Your State, tribe, or territory may have 

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59468 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 

more restrictive laws or regulations 

governing falconry. 

(i) Requirements and possession 

options for an Apprentice Falconer. 

(A) You must be at least 12 years of 

age. 

(B) If you are under 18 years of age, 

a parent or legal guardian must sign 

your application and is legally 

responsible for your activities. 

(C) You must have a letter from a 

Master Falconer or a General Falconer 

with a valid State, tribal, or territorial 

falconry permit who is at least 18 years 

old and has at least 2 years experience 

at the General Falconer level, stating 

that he or she will assist you, as 

necessary, in: 

(1) Learning about the husbandry and 

training of raptors held for falconry; 

(2) Learning and about relevant 

wildlife laws and regulations, and 

(3) Deciding what species of raptor is 

appropriate for you to possess while an 

Apprentice. 

(D) Regardless of the number of State, 

tribal, or territorial falconry permits you 

have, you may possess no more than 

one raptor for use in falconry. 

(E) You may possess a wild-caught or 

captive-bred raptor of any Falconiform 

or Strigiform species except the 

following: American swallow-tailed kite 

(Elanoides forficatus), bald eagle 

(Haliaeetus leucocephalus), white-tailed 

eagle (Haliaeetus albicilla), Steller’s seaeagle (Haliaeetus pelagicus), northern 

harrier (Circus cyaneus), Swainson’s 

hawk (Buteo swainsoni), ferruginous 

hawk (Buteo regalis), golden eagle 

(Aquila chrysaetos), peregrine falcon 

(Falco peregrinus), prairie falcon (Falco 

mexicanus), flammulated owl (Otus 

flammeolus), burrowing owl (Athene 

cunicularia), and short-eared owl (Asio 

flammeus). 

(F) You do not need to capture a wild 

raptor yourself; it can be transferred to 

you by another falconry permittee. 

(G) You may not possess a raptor 

taken from the wild as a nestling. 

(H) You may not possess a bird that 

is imprinted on humans. 

(I) Your raptor facilities must pass 

inspection by your State, tribe, or 

territory before you may be granted a 

permit. 

(ii) Requirements and possession 

options for a General Falconer. 

(A) You must be at least 16 years of 

age. 

(B) If you are 16 or 17 years of age, 

a parent or legal guardian must sign 

your application and must be legally 

responsible for your activities. 

(C) You must submit a document from 

a General Falconer or Master Falconer 

(preferably your sponsor) to your State, 

tribal, or territorial wildlife agency 

stating that you 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 least 

4 months in each year. That practice 

may include capture and release of 

falconry raptors. 

(D) You may not substitute any 

falconry school program or education to 

shorten the period of 2 years at the 

Apprentice level. 

(E) You may take and possess any 

species of Falconiform or Strigiform 

except a golden eagle, a bald eagle, a 

white-tailed eagle, or a Steller’s seaeagle. You may use captive-bred 

individuals and hybrids of the species 

you are allowed to possess. 

(F) Regardless of the number of State, 

tribal, or territorial falconry permits you 

have, you may possess no more than 3 

raptors. 

(iii) Requirements and possession 

options for a Master Falconer. 

(A) You must have practiced falconry 

with your own raptor(s) at the General 

Falconer level for at least 5 years. 

(B) You may take and possess any 

species of Falconiform or Strigiform 

except a bald eagle. However, you may 

take and possess a golden eagle, a whitetailed eagle, or a Steller’s sea eagle only 

if you meet the qualifications set forth 

under paragraph (c)(3)(iv). 

(C) You may possess any captive-bred 

individuals or hybrids of species your 

State, tribe, or territory allows you to 

possess. 

(D) Regardless of the number of State, 

tribal, or territorial falconry permits you 

have, you may possess no more than 5 

wild raptors, including golden eagles. 

(E) You may possess any number of 

captive-bred raptors. However, you 

must train them in the pursuit of wild 

game and use them in hunting. 

(iv) If you meet the requirements in 

paragraph (c) of this section for falconry 

you may possess up to 3 eagles of the 

following species: golden eagle, whitetailed eagle, or Steller’s sea eagle. 

(A) Your State, tribal, or territorial 

agency that regulates falconry must 

document the following before 

approving your request to possess an 

eagle to use in falconry: 

(1) Your experience in handling large 

raptors, including information about the 

species you have handled and the type 

and duration of the activity in which 

you gained the experience. 

(2) At least two letters of reference 

from people with experience handling 

and/or flying large raptors such as 

eagles, ferruginous hawks (Buteo 

regalis), goshawks (Accipiter gentilis), or 

great horned owls (Bubo virginianus). 

Each must contain a concise history of 

the author’s experience with large 

raptors, which can include, but is not 

limited to, handling of raptors held by 

zoos, rehabilitating large raptors, or 

scientific studies involving large 

raptors. Each letter must also assess 

your ability to care for eagles and fly 

them in falconry. 

(B) A golden eagle, white-tailed eagle, 

or Steller’s sea-eagle you hold will 

count as one of the raptors you are 

allowed to possess. 

(4) Taking a test to qualify for a 

falconry permit. Before you are issued 

an Apprentice permit you must 

correctly answer at least 80 percent of 

the questions on an examination 

administered by the State, tribe, or 

territory under which you wish to 

obtain a falconry permit. The 

examination must cover care and 

handling of falconry raptors, Federal, 

State or territorial, and tribal (if 

applicable) laws and regulations 

relevant to falconry, and other 

appropriate subject matter. Contact your 

State, tribal, or territorial agency that 

regulates falconry for information about 

permits and taking the test. 

(5) Reinstatement of a lapsed falconry 

permit if your State, tribe, or territory 

allows it. 

(i) If your permit has lapsed for fewer 

than 5 years, it may be reinstated at the 

level you held previously if you have 

proof of your certification at that level. 

(ii) If your permit has lapsed for 5 

years or longer, you must correctly 

answer at least 80 percent of the 

questions on an examination 

administered by the State, tribe, or 

territory in which you wish to obtain a 

falconry permit. If you pass the exam, 

your permit may be reinstated at the 

level you previously held. Your 

facilities must pass State, tribal, or 

territorial inspection before you may 

possess a falconry bird. 

(6) Permit to practice falconry at an 

appropriate level if you have experience 

in falconry but are a new resident in the 

United States. You may qualify for the 

falconry permit appropriate for your 

experience. To demonstrate your 

knowledge of U.S. falconry laws and 

regulations, you must correctly answer 

at least 80 percent of the questions on 

the supervised examination for 

falconers administered by the State, 

tribe, or territory under which you wish 

to obtain a falconry permit. If you pass 

the test, the State, tribe, or territory will 

decide for which level of falconry 

permit you are qualified, consistent 

with the class requirements in 

paragraph (c)(3) of this section. To do 

so, the State, tribe, or territory should 

base its decision on your documentation 

of your experience. Your falconry 

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facilities must meet the standards in 

paragraph (d)(1) of this section before 

you may keep a raptor to use in 

falconry. 

(7) Banding or tagging raptors used in 

falconry. 

(i) If you take a goshawk, Harris’s 

hawk (Parabuteo unicinctus), peregrine 

falcon, or gyrfalcon (Falco rusticolus) 

from the wild or acquire one from a 

rehabilitator, you must band the raptor 

with a permanent, nonreusable, 

numbered 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 the bird in lieu of a band. 

You must report the band number and/ 

or microchip information 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 band number 

and/or microchip information) in the 

electronic database at http:// 

permits.fws.gov/186A or 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 

§ 21.30) or have an implanted ISOcompliant (134.2 kHz) microchip. 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 or 

microchipping the raptor at http:// 

permits.fws.gov/186A, and by 

submitting a paper form 3-186A to your 

State, tribal, or territorial agency that 

governs falconry if your regulating 

agency requires a signed form. You must 

replace a band that is removed or lost, 

or you may implant an ISO-compliant 

(134.2 kHz) microchip in the bird and 

report the microchip information at 

http://permits.fws.gov/186A or by 

submitting a paper form 3-186A form 

submitted to your State, tribal, or 

territorial agency that governs falconry. 

(iii) If the band must be removed or 

is lost from a raptor in your possession, 

you must report the loss of the band 

within 5 days, and you must then do at 

least one of the following: 

(A) Request a U.S. Fish and Wildlife 

Service nonreusable band from your 

State, tribal, or territorial agency that 

regulates falconry. You must submit the 

required information immediately upon 

rebanding the raptor at http:// 

permits.fws.gov/186A or by submitting a 

paper form 3-186A to your State, tribal, 

or territorial agency that governs 

falconry. 

(B) Purchase and implant an ISOcompliant (134.2 kHz) microchip in the 

bird and report the microchip 

information at http://permits.fws.gov/ 

186A or by submitting a paper form 3- 

186A form to your State, tribal, or 

territorial agency that governs falconry. 

(iv) You must not alter, deface, or 

counterfeit a band. You may remove the 

rear tab on a band on a raptor you take 

from the wild, and you may smooth any 

imperfect surface if you do not affect the 

integrity of the band or the numbering 

on it. 

(v) If you document health or injury 

problems for a raptor you possess that 

are caused by the band, the State, tribe, 

or territory may provide an exemption 

to the requirement for that raptor. In 

that case, you must keep a copy of the 

exemption paperwork with you when 

transporting or flying the raptor. If your 

bird is a wild goshawk, Harris’s hawk, 

peregrine falcon, or gyrfalcon, you must 

replace the band with an ISO-compliant 

microchip that we will supply to your 

State, tribe, or territory. We will not 

provide a microchip for a wild goshawk, 

Harris’s hawk, peregrine falcon, or 

gyrfalcon unless you have demonstrated 

that a band causes an injury or a health 

problem for the bird. 

(vi) You may not band a raptor 

removed from the wild with a seamless 

numbered band. 

(8) Carrying your permit(s) when 

conducting falconry activities. You must 

have your permit(s) or legible copies of 

them in your immediate possession if 

you are not at the location of your 

falconry facilities and you are trapping, 

transporting, working with, or flying 

your falconry raptor(s). 

(9) Transporting a falconry raptor or 

raptors to other States or territories. If 

you have a valid falconry permit, you 

may possess and transport for falconry 

purposes a lawfully possessed raptor 

through other States or territories. 

However, any State, tribe, or territory 

may further regulate such transport. 

(d) Facilities and care requirements. 

(1) Facilities you must have and 

maintain. You must keep all raptors you 

hold under your falconry permit in 

humane and healthful conditions. 

(i) Whether they are indoors (a 

‘‘mews’’) or outdoors (a ‘‘weathering 

area’’), your raptor facilities must 

protect raptors in them from the 

environment, predators, and domestic 

animals. You are responsible for the 

maintenance and security (protection 

from predators) of raptors you possess 

under your permit. 

(ii) You must have raptor housing 

facilities approved by your State, tribe, 

or territory before you may obtain a bird 

to use in falconry. Your State, tribe, or 

territory may require that you have both 

indoor and outdoor facilities. A 

representative of your agency that 

regulates falconry, or its designee, must 

certify that your facilities and 

equipment meet the following 

standards: 

(A) For housing wild raptors indoors 

or outdoors, the facility must protect 

raptors from predators and domestic 

animals. 

(1) The facility must have a suitable 

perch for each raptor, at least one 

opening for sunlight, and must provide 

a healthy environment for raptors 

inside. 

(2) You may house untethered raptors 

together if they are compatible with 

each other. 

(3) Each raptor must have an area 

large enough to allow it to fly if it is 

untethered or, if tethered, to fully 

extend its wings or bate (attempt to fly 

while tethered) without damaging its 

feathers or contacting other raptors. 

(4) Each raptor must have a pan of 

clean water available. 

(B) An indoor facility must be large 

enough to allow easy access for the care 

and feeding of raptors kept there. 

(1) If raptors you house in this indoor 

facility are not tethered, all walls that 

are not solid must be protected on the 

inside. Suitable materials may include 

vertical bars spaced narrower than the 

width of the body of the smallest raptor 

you house in the enclosure. However, 

heavy-duty netting or other such 

materials may be used to cover the walls 

or roof of the enclosure. 

(2) Acceptable indoor facilities 

include shelf perch enclosures where 

raptors are tethered side by side. Other 

innovative housing systems are 

acceptable if they provide the enclosed 

raptors with protection and maintain 

healthy feathers. 

(C) You may keep a falconry raptor or 

raptors inside your place of residence if 

you provide a suitable perch or perches. 

If you house your raptor(s) inside your 

home, you do not need to modify 

windows or other openings of the 

structure. Raptors kept in your home 

must be tethered when they are not 

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59470 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 

being moved into or out of the location 

in which they are kept. 

(D) An outdoor facility must be totally 

enclosed, and may be made of heavygauge wire, heavy-duty plastic mesh, 

slats, pipe, wood, or other suitable 

material. 

(1) The facility must be covered and 

have at least a covered perch to protect 

a raptor held in it from predators and 

weather. 

(2) The facility must be large enough 

to insure that the birds cannot strike the 

enclosure when flying from the perch. 

(3) New types of housing facilities 

and/or husbandry practices may be used 

if they satisfy the requirements above 

and are approved by the State, tribal, or 

territorial authority regulating falconry. 

(iii) You may keep falconry raptors 

outside in the open if they are under 

watch, such as by you or a family 

member at any location or, for example, 

by a designated individual in a 

weathering yard at a falconry meet. 

(iv) You must inform your State, 

tribal, or territorial agency within 5 

business days if you change the location 

of your facilities. 

(2) Falconry facilities on property you 

do not own. 

(i) Your falconry facilities may be on 

property owned by another person 

where you reside, or at a different 

location. Regardless of location, the 

facilities must meet the standards in 

paragraph (d)(1) of this section and 

those of the State, tribe, or territory from 

which you have a falconry permit. 

(ii) You must submit to your State, 

tribal, or territorial agency that regulates 

falconry a signed and dated statement 

showing that you or the property owner 

(if your facilities are not on property 

that you own) agrees that the falconry 

facilities, equipment, and raptors may 

be inspected without advance notice by 

State, tribal (if applicable), or territorial 

authorities at any reasonable time of 

day. Inspections must be in the presence 

of the permittee. 

(3) Equipment you must have and 

maintain. You must have jesses or the 

materials and equipment to make them, 

leash and swivel, bath container, and 

appropriate scales or balances for 

weighing raptor(s) you possess. 

(4) Facilities you must have for a 

raptor when you are transporting it, 

using it for hunting, or are away from 

your home with it. You must be sure 

that the bird has a suitable perch and is 

protected from extreme temperatures, 

wind, and excessive disturbance. A 

‘‘giant hood’’ or similar container is 

acceptable for transporting or housing a 

raptor when you are away from your 

home. 

(5) Temporarily housing a raptor 

outside of your permanent facilities 

when you are not transporting it or 

using it for hunting. You may house a 

raptor in temporary facilities for no 

more than 120 consecutive calendar 

days if the bird has a suitable perch and 

is protected from predators, domestic 

animals, extreme temperatures, wind, 

and excessive disturbance. 

(6) Care of falconry raptors by another 

falconry permittee. Another falconry 

permittee may care for a raptor or 

raptors for you at your facilities or at 

that person’s facilities for up to 120 

consecutive calendar days. The other 

person must have a signed and dated 

statement from you authorizing the 

temporary possession, plus a copy of 

FWS form 3-186A that shows that you 

are the possessor of each of the raptors. 

The statement must include information 

about the time period for which he or 

she will keep the raptor(s), and about 

what he or she is allowed to do with it 

or them. 

(i) Your raptor(s) will remain on your 

falconry permit, and will not be counted 

against the possession limit of the 

person caring for your raptors. 

(ii) If the person caring for your 

raptor(s) holds the appropriate level 

falconry permit, he or she may fly your 

raptor(s) in whatever way you authorize, 

including hunting. 

(iii) This care of your raptors may be 

extended indefinitely in extenuating 

circumstances, such as illness, military 

service, or for a family emergency. The 

State, tribe, or territory may consider 

such instances on a case-by-case basis. 

(7) Care of falconry raptors by 

someone who does not have a falconry 

permit. Another person may care for 

falconry birds you possess at your 

facilities for up to 45 consecutive 

calendar days. 

(i) The raptor(s) will remain on your 

falconry permit. 

(ii) The raptors must remain in your 

facilities. 

(iii) This care may be extended 

indefinitely in extenuating 

circumstances, such as illness, military 

service, or for a family emergency. 

(iv) The person(s) caring for your 

raptors may not fly them for any reason. 

(8) Residence part of the year in 

another jurisdiction. 

(i) The State, tribe, or territory in 

which you live part-time may require 

that you obtain its falconry permit. You 

must contact the State, tribal, or 

territorial agency that regulates falconry 

to determine whether you need a 

permit. 

(ii) If you live for more than 120 

consecutive days in a State or territory 

or on tribal lands other than where you 

maintain your primary residence, your 

falconry facilities in the second State 

must meet the standards in this section. 

(9) Falconry facilities, raptors, 

equipment, and records inspections. 

Falconry bird(s), facilities, equipment, 

and records may be inspected only in 

the presence of the permittee, during 

business hours on any day of the week 

by State, tribal, or territorial officials. 

(e) Taking, possessing, and 

transporting raptors for falconry. 

(1) Raptor species you may take from 

the wild to use for falconry. 

(i) You may not intentionally capture 

a raptor species that your classification 

as a falconer does not allow you to 

possess for falconry. If you capture a 

bird you are not allowed to possess, you 

must release it immediately. 

(ii) On some tribal lands and in some 

States there may be State, tribal, or 

Federal restrictions on the take or use of 

these species, and you may need a tribal 

or State permit or permits to capture a 

bird. 

(iii) State, tribal, or territorial 

regulations on take may be more 

restrictive than those in this section. 

(iv) Take of any species must be in 

compliance with these regulations. 

(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 one or two golden eagles 

from the wild only in a livestock 

depredation area during the time the 

depredation area is in effect. A livestock 

depredation area is declared by U.S.D.A. 

Wildlife Services or upon the request of 

a State governor. 

(2) How and when you may take 

raptors from the wild to use in falconry. 

You may take no more than two raptors 

from the wild each year to use in 

falconry. 

(i) If you transfer a bird you take from 

the wild to another permittee in the 

same year in which you capture it, the 

bird will count as one of the raptors you 

are allowed to take from the wild that 

year; it will not count as a capture by 

the recipient, though it will always be 

considered a wild bird. 

(ii) If you are a General or Master 

Falconer, you may remove nestlings 

from a nest or aerie in accordance with 

tribal (if applicable), State, territorial, 

and Federal restrictions. 

(iii) You may not take raptors at any 

time or in any manner that violates any 

law of the State, tribe, or territory on 

whose land you are trapping. 

(iv) If you are responsible for 

reporting take of a raptor from the wild, 

you can report by entering the required 

information in the electronic database at 

http://permits.fws.gov/186A or by 

submitting a paper form 3-186A to your 

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Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 59471 

State, tribal, or territorial agency that 

governs falconry. You must do this at 

your first opportunity to do so, but no 

later than 10 days after the capture of 

the bird. 

(v) If you are present at the capture 

site, even if another person captures the 

bird for you, you are considered the 

person who removes the bird from the 

wild. You are responsible for filing a 3- 

186A form reporting take of the bird 

from the wild. This would occur, for 

example, if another person climbs a tree 

or rappells down a cliff and takes a 

nestling for you and gives it to you at 

the tree or cliff. 

(vi) If you are not at the immediate 

location where the bird is taken from 

the wild, the person who removes the 

bird from the wild must be a General or 

Master Falconer, and must report take of 

the bird. If that person then transfers the 

bird to you, you must both file 3-186A 

forms reporting the transaction at your 

first opportunity to do so, but no later 

than 10 days after the transfer. The bird 

will count as one of the two raptors the 

person who took it from the wild is 

allowed to capture in any year. The bird 

will not count as a bird you took from 

the wild. The person who takes the bird 

from the wild must report the take even 

if he or she promptly transfers the bird 

to you. 

(vii) If you have a long-term or 

permanent physical impairment that 

prevents you from attending the capture 

of a species you can use for falconry, a 

General or Master Falconer may capture 

a bird for you. You are then responsible 

for filing a 3-186A form reporting take 

of the bird from the wild, and the bird 

will count against the take of wild 

raptors that you are allowed in any year. 

(viii) You must promptly release any 

bird you capture unintentionally. 

(3) Other restrictions on taking raptors 

from the wild for falconry. 

(i) If you are an Apprentice Falconer, 

you may take any species from the wild 

except the following: American 

swallow-tailed kite, bald eagle, whitetailed eagle, Steller’s sea-eagle, northern 

harrier, Swainson’s hawk, ferruginous 

hawk, golden eagle, peregrine falcon, 

prairie falcon, flammulated owl, 

burrowing owl, and short-eared owl. 

(ii) If you are a General or Master 

Falconer, you may take raptors less than 

1 year of age from the wild during any 

period or periods specified by the State, 

tribe, or territory. However, you may 

take an American kestrel or great horned 

owl of any age from the wild during any 

period or periods specified by the State, 

tribe, or territory. 

(iii) If you are a Master Falconer 

authorized to possess golden eagles for 

use in falconry, you may capture an 

immature or subadult golden eagle in a 

livestock depredation area during the 

time the depredation area is in effect. 

(A) You may capture a nesting adult 

golden eagle, or 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. 

(B) You must determine the locations 

of the livestock depredation areas 

declared by USDA Wildlife Services, or 

the State that has established a livestock 

depredation area. We will not notify you 

about them. 

(C) Before you begin any trapping 

activities, you must inform our regional 

Law Enforcement office of your capture 

plans. You must notify the offices in 

person, in writing, or via facsimile or 

email at least 3 business days before you 

start trapping. You may send an email 

to with your trapping plans to 

lawenforcement@fws.gov, or 

If you plan to trap a golden eagle in you must notify 

(1) California, Idaho, Nevada, Oregon, or Washington, U.S. Fish and Wildlife Service 

Special Agent in Charge - Law Enforcement 

911 NE 11th Avenue 

Portland, Oregon 

97232-4181 

503-231-6125 

facsimile 503-231-6197 

(2) Arizona, New Mexico, Oklahoma, or Texas, U.S. Fish and Wildlife Service 

Special Agent in Charge - Law Enforcement 

P.O. Box 329 

Albuquerque, 

New Mexico 87103 

505-248-7889 

facsimile 505-248-7899 

(3) Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Missouri, Ohio, or Wisconsin, U.S. Fish and Wildlife Service 

Special Agent in Charge - Law Enforcement 

P.O. Box 45 

Federal Building 

Fort Snelling, Minnesota 

55111-0045 

612-713-5320 

facsimile 612-713-5283 

(4) Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 

Mississippi, North Carolina, South Carolina, or Tennessee, 

U.S. Fish and Wildlife Service 

Special Agent in Charge - Law Enforcement 

P.O. Box 49226 

Atlanta, Georgia 

30359 

404-679-7057 

facsimile 404-679-7065 

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59472 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 

If you plan to trap a golden eagle in you must notify 

(5) Connecticut, Delaware, Maine, Maryland, Massachusetts, 

New Hampshire, New Jersey, New York, Pennsylvania, 

Rhode Island, Vermont, Virginia, or West Virginia, 

U.S. Fish and Wildlife Service 

Special Agent in Charge - Law Enforcement 

P.O. Box 659 

Hadley, Massachusetts 

01035-0659 

413-253-8274 

facsimile 413-253-8459 

(6) Colorado, Kansas, Montana, Nebraska, North Dakota, 

South Dakota, Utah, or Wyoming, 

U.S. Fish and Wildlife Service 

Special Agent in Charge - Law Enforcement 

P.O. Box 25486 

Denver Federal Center 

(60130) 

Denver, Colorado 

80225-0486 

303-236-7540 

facsimile 303-236-7901 

(7) Alaska, U.S. Fish and Wildlife Service 

Special Agent in Charge - Law Enforcement 

1011 East Tudor Road 

Suite 155 

Anchorage, Alaska 

99503-6199 

907-786-3311 

facsimile 907-786-3313 

(D) You also must meet all 

requirements of the State or territory in 

which you plan to trap, or the tribe on 

whose lands you plan to trap. 

(E) You must have permission from 

the landowner to capture an eagle; or if 

you wish to capture one on public land, 

the responsible agency must allow it. 

(iv) You may recapture a falconry bird 

you have lost at any time. We do not 

consider recapture of a wild bird to be 

taking a bird from the wild. 

(v) You may recapture a raptor 

wearing falconry equipment or a 

captive-bred bird at any time - even if 

you are not allowed to possess the 

species. The bird will not count against 

your possession limit, nor will its take 

from the wild count against your limit. 

You must report your recapture of the 

bird to your State, tribal, or territorial 

agency that regulates falconry no more 

than 5 working days after the recapture. 

You must return a recaptured falconry 

bird to the person who lost it, if that 

person may legally possess it. 

Disposition of a bird whose legal 

possession cannot be determined will be 

at the discretion of the State, tribe, or 

territory. 

(vi) You may take any raptor that you 

are authorized to possess from the wild 

if the bird is banded with a Federal Bird 

Banding Laboratory aluminum 

bandexcept that you may not take a 

banded peregrine falcon from the wild. 

(A) If a raptor (including a peregrine 

falcon) you capture is marked with a 

seamless metal band, a transmitter, or 

any other item identifying it as a 

falconry bird, you must report your 

capture of the bird to your State, tribal, 

or territorial agency that regulates 

falconry no more than 5 working days 

after the capture. You must return a 

recaptured falconry bird to the person 

who lost it. If that person cannot possess 

the bird or does not wish to possess it, 

you may keep it. Otherwise, disposition 

of a bird whose legal possession cannot 

be determined will be at the discretion 

of the State, tribe, or territory. While 

you keep a bird for return to the person 

who lost it, the bird will not count 

against your possession limit or your 

limit on take of raptors from the wild if 

you have reported possessing the bird to 

your State, tribal, or territorial falconry 

permit office. 

(B) If you capture a peregrine falcon 

that has a research band (such as a 

colored band with alphanumeric codes) 

or a research marking attached to it, you 

must immediately release the bird, 

except that if the falcon has a 

transmitter attached to it, you are 

authorized to possess the bird up to 30 

days if you wish to contact the 

researcher to determine if he or she 

wishes to replace the transmitter or its 

batteries. If the researcher wishes to do 

so, or to have the transmitter removed, 

the researcher or his or her designee can 

make the change or allow you to do so 

before you release the bird. If the 

researcher does not wish to keep the 

transmitter on the falcon, you may keep 

the bird if you captured it in 

circumstances in which capture of wild 

peregrines is allowed. 

(C) If a raptor you capture has any 

other band, research marking, or 

transmitter attached to it, you must 

promptly report the band numbers and 

all other relevant information to the 

Federal Bird Banding Laboratory at 1- 

800-327-2263. 

(1) You may contact the researcher 

and determine if he or she wishes to 

replace a transmitter attached to a bird 

you capture. If so, you are authorized to 

possess the bird up to 30 days until the 

researcher or his or her designee does 

so, or until you can replace it yourself. 

Disposition of the bird will be at the 

discretion of the researcher and your 

State, tribal, or territorial agency that 

regulates falconry. 

(2) If you possess such a bird 

temporarily, it will not count against 

your possession limit for falconry 

raptors. 

(vii) You must leave at least one 

young from any nest or aerie from 

which you take a nestling. 

(viii) If you are an Apprentice 

Falconer, you may not take a nestling 

from the wild. 

(ix) If you are a Master Falconer with 

a permit to do so, you may take, 

transport, or possess up to three eagles, 

including golden eagles, white-tailed 

eagles, or Steller’s sea-eagles, subject to 

the requirements in paragraph (c)(3)(iv) 

of this section and § 22.24 of this part. 

A golden eagle, white-tailed eagle, or 

Steller’s sea-eagle you possess counts as 

a bird to be included under your 

possession limit. 

(x) If you are a General or Master 

Falconer, you may take no more than 

one bird of a threatened species from 

the wild each year if the regulations in 

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part 17 of this subchapter allow it and 

if you obtain a Federal endangered 

species permit to do so before you take 

the bird. You also may need a State, 

tribal, or territorial endangered species 

permit to take a listed species. 

(4) Take of a species or subspecies 

that was recently removed from the 

Federal List of Endangered and 

Threatened Wildlife to use in falconry. 

We must first publish a management 

plan for the species. If take is allowed 

in the management plan, you may do so 

in accordance with the provisions for 

take in the plan. 

(5) Raptors injured due to falconer 

trapping efforts. You have two options 

for dealing with a bird injured by your 

trapping efforts. In either case, you are 

responsible for the costs of care and 

rehabilitation of the bird. 

(i) You may put the bird on your 

falconry permit. You must report take of 

the bird by entering the required 

information in the electronic database at 

http://permits.fws.gov/186A or by 

submitting a paper form 3-186A to your 

State, tribal, or territorial agency that 

governs falconry at your first 

opportunity to do so, but no more than 

10 days after capture of the bird. You 

must then have the bird treated by a 

veterinarian or a permitted wildlife 

rehabilitator. The bird will count against 

your possession limit. 

(ii) You may give the bird directly to 

a veterinarian, or a permitted wildlife 

rehabilitator, or an appropriate wildlife 

agency employee. If you do so, it will 

not count against your allowed take or 

the number of raptors you may possess. 

(6) Acquisition, transfer, release, loss, 

or rebanding of a raptor. 

(i) If you acquire a raptor; transfer, 

reband, or microchip a raptor; if a raptor 

you possess is stolen; if you lose a 

raptor to the wild and you do not 

recover it within 30 days; or if a bird 

you possess for falconry dies; you must 

report the change within 10 days by 

entering the required information in the 

electronic database at http:// 

permits.fws.gov/186A or by submitting a 

paper form 3-186A to your State, tribal, 

or territorial agency that governs 

falconry. 

(ii) If a raptor you possess is stolen, 

you must report the theft to your State, 

tribal, or territorial agency that regulates 

falconry and to your Fish and Wildlife 

Service Regional Law Enforcement 

office (see paragraph (e)(3)(iii)(C) of this 

section) within 10 days of the theft of 

the bird. 

(iii) You must keep copies of all 

electronic database submissions 

documenting take, transfer, loss, 

rebanding or microchipping of each 

falconry raptor until 5 years after you 

have transferred or lost the bird, or it 

has died. 

(7) Acquiring a bird for falconry from 

a permitted rehabilitator. You may 

acquire a raptor of any age of a species 

that you are permitted to possess 

directly from a rehabilitator. Transfer to 

you is at the discretion of the 

rehabilitator. 

(i) If you acquire a bird from a 

rehabilitator, within 10 days of the 

transaction you must report it by 

entering the required information in the 

electronic database at http:// 

permits.fws.gov/186A or by submitting a 

paper form 3-186A to your State, tribal, 

or territorial agency that governs 

falconry. 

(ii) If you acquire a bird from a 

rehabilitator, it will count as one of the 

raptors you are allowed to take from the 

wild that year. 

(8) Flying a hybrid raptor in falconry. 

When flown free, a hybrid raptor must 

have at least two attached radio 

transmitters to help you to locate the 

bird. 

(9) Releasing a falconry bird to the 

wild. You must follow all applicable 

State or territorial and Federal laws and 

regulations before releasing a falconry 

bird to the wild. 

(i) If the species you wish to release 

is not native to the State or territory, or 

is a hybrid of any kind, you may not 

release the bird to the wild. You may 

transfer it to another falconry permittee. 

(ii) If the species you wish to release 

is native to the State or territory and is 

captive-bred, you may not release the 

bird to the wild unless you have 

permission from the State, tribe, or 

territory to release the bird. If you are 

permitted to do so, you must hack the 

bird (allow it to adjust) to the wild at an 

appropriate time of year and an 

appropriate location. You must remove 

its falconry band (if it has one) and 

report release of the bird by entering the 

required information in the electronic 

database at http://permits.fws.gov/186A 

or by submitting a paper form 3-186A to 

your State, tribal, or territorial agency 

that governs falconry. 

(iii) If the species you wish to release 

is native to the State and was taken from 

the wild, you may release the bird only 

at an appropriate time of year and an 

appropriate location. You must remove 

its falconry band and report release of 

the bird by entering the required 

information in the electronic database at 

http://permits.fws.gov/186A or by 

submitting a paper form 3-186A to your 

State, tribal, or territorial agency that 

governs falconry. 

(iv) You may not permanently release 

hybrid raptors to the wild. 

(10) Restrictions on transfers of 

falconry raptors from other falconers. 

We do not restrict the number of wildcaught or captive-bred raptors 

transferred to you, but you may not 

exceed your possession limit. 

(f) Additional information on the 

practice of falconry. 

(1) Raptors removed from the wild for 

falconry are always considered ‘‘wild’’ 

raptors. No matter how long such a bird 

is held in captivity or whether it is 

transferred to another permittee or 

permit type, it is always considered a 

‘‘wild’’ bird. However, it is considered 

to be taken from the wild only by the 

person who originally captured it. We 

do not consider the raptor to be taken 

from the wild by any subsequent 

permittee to whom it is legally 

transferred. 

(2) ‘‘Hacking’’ of falconry raptors. 

Hacking (temporary release to the wild) 

is an approved method for falconers to 

condition raptors for falconry. If you are 

a General Falconer or a Master Falconer, 

you may hack a falconry raptor or 

raptors. 

(i) You may need permission from 

your State, tribal, or territorial wildlife 

agency to hack a bird you possess for 

falconry. Check with your State, tribal, 

or territorial agency that regulates 

falconry to determine if hacking is 

allowed. 

(ii) Any bird you are hacking counts 

against your possession limit and must 

be a species you are authorized to 

possess. 

(iii) Any hybrid you hack must have 

two attached functioning radio 

transmitters during hacking. 

(iv) You may not hack a falconry bird 

near a nesting area of a Federally 

threatened or endangered bird species 

or in any other location where the raptor 

is likely to harm a Federally listed 

threatened or endangered animal 

species that might be disturbed or taken 

by your falconry bird. You should 

contact your State or territorial wildlife 

agency before hacking a falconry bird to 

ensure that this does not occur. You can 

contact the State Fish and Wildlife 

Service office in your State or territory 

for information on Federally-listed 

species. 

(3) Use of other falconry training or 

conditioning techniques. You may use 

other acceptable falconry practices, such 

as, but not limited to, the use of creance 

(tethered) flying, lures, balloons, or kites 

in training or conditioning falconry 

raptors. You also may fly falconry birds 

at bird species not protected under the 

Migratory Bird Treaty Act or at penraised animals. 

(4) Selling or trading raptors under a 

falconry permit. 

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(i) If allowed by your State, tribe or 

territory, you may sell, purchase, or 

barter, or offer to sell, purchase, or 

barter captive-bred raptors marked with 

seamless bands to other permittees who 

are authorized to possess them. 

(ii) You may not purchase, sell, trade, 

or barter wild raptors. You may only 

transfer them. 

(5) Transfer of wild-caught raptors 

captured for falconry to another type of 

permit. Under some circumstances you 

may transfer a raptor to another permit 

type if the recipient of the bird (which 

could be you) possesses the necessary 

permits for the other activity. 

(i) If your State, tribe, or territory 

allows you to do so, you may transfer 

a wild-caught falconry bird to a raptor 

propagation permit after the bird has 

been used in falconry for at least 2 years 

(1 year for a sharp-shinned hawk, a 

Cooper’s hawk, a merlin, or an 

American kestrel). When you transfer 

the bird, you must provide a copy of the 

3-186A form documenting acquisition of 

the bird by the propagator to the Federal 

migratory bird permit office that 

administers the propagation permit. 

(ii) You may transfer a wild-caught 

bird to another permit type in less than 

2 years (1 year for a sharp-shinned 

hawk, a Cooper’s hawk, a merlin, or an 

American kestrel) if the bird has been 

injured and a veterinarian or permitted 

wildlife rehabilitator has determined 

that the bird can no longer be flown for 

falconry. 

(A) When you transfer the bird, you 

must provide a copy of the 3-186A form 

documenting acquisition of the bird to 

the Federal migratory bird permit office 

that administers the other permit type. 

(B) When you transfer the bird, you 

must provide a copy of the certification 

from the veterinarian or rehabilitator 

that the bird is not useable in falconry 

to the Federal migratory bird permits 

office that administers the other permit 

type. 

(6) Transfer of captive-bred falconry 

raptors to another type of permit. You 

may transfer captive-bred falconry 

raptors if the holder of the other permit 

type is authorized to possess the bird(s). 

Within 10 days you must report the 

transfer by entering the required 

information in the electronic database at 

http://permits.fws.gov/186A or by 

submitting a standard paper form 3- 

186A to your State, tribal, or territorial 

agency that governs falconry. 

(7) Use of raptors held under a 

falconry permit in captive propagation. 

You may use raptors you possess for 

falconry in captive propagation if you or 

the person overseeing the propagation 

has the necessary permit(s) (see § 

21.30). You do not need to transfer a 

bird from your falconry permit if you 

use it for fewer than 8 months in a year 

in captive propagation, but you must do 

so if you permanently transfer the bird 

for propagation. The bird must then be 

banded as required in § 21.30. 

(8) Use of falconry raptors in 

conservation education programs. If you 

are a General or Master Falconer, you 

may use a bird you possess in 

conservation education programs 

presented in public venues. 

(i) You do not need a Federal 

education permit to conduct 

conservation education activities using 

a falconry raptor held under a State, 

tribal, or territorial falconry permit. 

(ii) You may present conservation 

programs as an Apprentice Falconer if 

you are under the supervision of a 

General or Master Falconer when you 

do so. 

(iii) You must use the bird primarily 

for falconry. 

(iv) You may charge a fee for 

presentation of a conservation education 

program. The fee may not exceed the 

amount required to recoup your costs. 

(v) In conservation education 

programs, you must provide information 

about the biology, ecological roles, and 

conservation needs of raptors and other 

migratory birds, although not all of 

these topics must be addressed in every 

presentation. You may not give 

presentations that do not address 

falconry and conservation education. 

(vi) You are responsible for all 

liability associated with conservation 

education activities you undertake (see 

50 CFR 13.50). 

(9) Other educational uses of falconry 

raptors. You may allow photography, 

filming, or other such uses of falconry 

raptors to make movies or other sources 

of information on the practice of 

falconry or on the biology, ecological 

roles, and conservation needs of raptors 

and other migratory birds, though you 

may not be paid for doing so. 

(i) You may not use falconry raptors 

to make movies, commercials, or in 

other commercial ventures that are not 

related to falconry. 

(ii) You may not use falconry raptors 

for entertainment; advertisements; 

promotion or endorsement of any 

products, merchandise, goods, services, 

meetings, or fairs; or as a representation 

of any business, company, corporation, 

or other organization. 

(10) Assisting in rehabilitation of 

raptors to prepare them for release. If 

your State, tribe, or territory allows you 

to do so, and if you are a General or 

Master Falconer, you may assist a 

permitted migratory bird rehabilitator to 

condition raptors in preparation for 

their release to the wild. You may keep 

a bird you are helping to rehabilitate in 

your facilities. 

(i) The rehabilitator must provide you 

with a letter or form that identifies the 

bird and explains that you are assisting 

in its rehabilitation. 

(ii) You do not need to meet the 

rehabilitator facility standards. You 

need only meet the facility standards in 

this section; your facilities are not 

subject to inspection for compliance 

with the standards in § 21.31. 

(iii) You do not have to add any raptor 

you possess for this purpose to your 

falconry permit; it will remain under the 

permit of the rehabilitator. 

(iv) You must return any such bird 

that cannot be permanently released to 

the wild to the rehabilitator for 

placement within the 180–day 

timeframe in which the rehabilitator is 

authorized to possess the bird, unless 

the issuing office authorizes you to 

retain the bird for longer than 180 days. 

(v) Upon coordination with the 

rehabilitator, you must release all 

releaseable raptors to the wild or return 

them to the rehabilitator for release 

within the 180–day timeframe in which 

the rehabilitator is authorized to possess 

the birds, unless the issuing office 

authorizes you to retain and condition 

a bird for longer than 180 days, or 

unless the rehabilitator transfers the 

bird to you to hold under your falconry 

permit. 

(11) Using a falconry bird in 

abatement activities. 

(i) If you are a Master Falconer, you 

may conduct abatement activities with a 

bird or birds you possess for falconry, if 

you have a Special Purpose Abatement 

permit. If you are a General Falconer, 

you may conduct abatement activities 

only as a subpermittee of the holder of 

the abatement permit. 

(ii) You may receive payment for 

providing abatement services if you 

have a Special Purpose Abatement 

permit. 

(12) Feathers that a falconry bird or 

birds molts. 

(i) For imping (replacing a damaged 

feather with a molted feather), you may 

possess flight feathers for each species 

of raptor you possess or previously held 

for as long as you have a valid falconry 

permit. You may receive feathers for 

imping from other permitted falconers, 

wildlife rehabilitators, or propagators in 

the United States, and you may give 

feathers to them. You may not buy, sell, 

or barter such feathers. 

(ii) You may donate feathers from a 

falconry bird, except golden eagle 

feathers, to any person or institution 

with a valid permit to have them, or to 

anyone exempt from the permit 

requirement under § 21.12. 

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(iii) Except for primary or secondary 

flight feathers or retrices from a golden 

eagle, you are not required to gather 

feathers that are molted or otherwise 

lost by a falconry bird. You may leave 

the feathers where they fall, store them 

for imping, or destroy them. However, 

you must collect molted flight feathers 

and retrices from a golden eagle. If you 

choose not to keep them for imping, you 

must send them to the National Eagle 

Repository. 

(iv) We request that you send all 

feathers (including body feathers) that 

you collect from any falconry golden 

eagle and that you do not need for 

imping, to the National Eagle Repository 

at the following address: U.S. Fish and 

Wildlife Service, National Eagle 

Repository, Rocky Mountain Arsenal, 

Building 128, Commerce City, Colorado 

80022. The telephone number at the 

Repository is 303-287-2110. 

(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 

institution exempt from the permit 

requirement under § 21.12 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) Disposition of carcasses of 

falconry birds that die. 

(i) You must send the entire body of 

a golden eagle you held for falconry, 

including all feathers, talons, and other 

parts, to the National Eagle Repository. 

(ii) You may donate the body or 

feathers of any other species of falconry 

raptor to any person or institution 

exempt under § 21.12 or authorized by 

permit to acquire and possess such parts 

or feathers. 

(iii) If the bird was banded or 

microchipped prior to its death, you 

may keep the body of any falconry 

raptor except that of a golden eagle. You 

may keep the body so that the feathers 

are available for imping, or you may 

have the body mounted by a 

taxidermist. You may use the mount in 

giving conservation education programs. 

If the bird was banded, you must leave 

the band on the body. If the bird has an 

implanted microchip, you must leave 

the microchip in place. 

(iv) If you do not wish to donate the 

bird body or feathers or keep it yourself, 

you must burn, bury, or otherwise 

destroy it or them within 10 days of the 

death of the bird or after final 

examination by a veterinarian to 

determine cause of death. Carcasses of 

euthanized raptors could pose a risk of 

secondary poisoning of eagles and other 

scavengers. You must take appropriate 

precautions to avoid such poisonings. 

(v) If you do not donate the bird body 

or feathers or have the body mounted by 

a taxidermist, you may possess the flight 

feathers for as long as you have a valid 

falconry permit. However, you may not 

buy, sell, or barter the feathers. You 

must keep the paperwork documenting 

your acquisition of the bird. 

(14) Visitors practicing falconry in the 

United States. 

(i) A visitor to the United States may 

qualify for a temporary falconry permit 

appropriate for his or her experience. 

(A) The permit may be valid for any 

period specified by the State, tribe, or 

territory. 

(B) To demonstrate knowledge of U.S. 

falconry laws and regulations, the 

visitor must correctly answer at least 80 

percent of the questions on the 

supervised examination for falconers 

administered by the tribe, State, or 

territory from which he or she wishes to 

obtain a temporary falconry permit. If 

the visitor passes the test, the tribe, 

State, or territory will decide for what 

level of temporary permit the person is 

qualified. The decision should be based 

on the individual’s documentation of 

his or her experience. 

(C) If you hold a temporary falconry 

permit, you may possess raptors for 

falconry if you have approved falconry 

facilities. 

(D) A holder of a temporary falconry 

permit may fly raptors held for falconry 

by a permitted falconer. 

(E) A holder of a temporary falconry 

permit may not take a bird from the 

wild to use in falconry. 

(ii) For the duration of a permit from 

a State, tribe, or territory, a visitor may 

use any bird for falconry that he or she 

possess legally in his or her country of 

residence for that purpose, provided 

that import of that species to the United 

States is not prohibited, and provided 

that he or she has met all permitting 

requirements of his or her country of 

residence. 

(A) A visitor must comply with the 

provisions in this section, those of the 

State, tribe or territory where he or she 

wishes to conduct falconry, and all 

States through which he or she will 

travel with the bird. 

(B) The visitor may transport 

registered raptors. He or she may need 

one or more additional permits to bring 

a raptor into the United States or to 

return home with it (see 50 CFR part 14 

(importation, exportation, and 

transportation of wildlife), part 15 (Wild 

Bird Conservation Act), part 17 

(endangered and threatened species), 

part 21 (migratory bird import and 

export permits), and part 23 

(endangered species convention)). 

(C) Unless the visitor has the 

necessary permit(s) to bring a raptor into 

the United States and leave it here, he 

or she must take raptors brought into the 

country for falconry out of the country 

when he or she leaves. If a raptor 

brought into the United States dies or is 

lost while in this country, the visitor 

must document the loss before leaving 

the United States by reporting the loss 

to the State, tribal, or territorial agency 

that governs falconry where the bird 

was lost. 

(D) When flown free, any bird brought 

to this country temporarily must have 

two attached radio transmitters that will 

allow the falconer to locate it. 

(E )There also may be tribal or State 

restrictions on nonresidents practicing 

falconry or importing a raptor or raptors 

held for falconry. 

(15) Taking falconry raptors to 

another country to use in falconry 

activities. A permit issued under this 

section authorizes you to export and 

then import raptors you legally possess 

for falconry to another country to use in 

falconry without an additional 

migratory bird import/export permit 

issued under § 21.21. 

(i) You must meet any requirements 

in 50 CFR 14 subpart B. 

(ii) You may need one or more 

additional permits to take a bird from 

the United States or to return home with 

it (see 50 CFR part 15 (Wild Bird 

Conservation Act), part 17 (endangered 

and threatened species), and part 23 

(endangered species convention)). 

(iii) Unless you have the necessary 

permit(s) to permanently export a raptor 

from the United States, you must bring 

any raptor you take out of the country 

for falconry back to the United States 

when you return. Each raptor must be 

covered by a CITES certificate of 

ownership issued under part 23 of this 

chapter. You must have full 

documentation of the lawful origin of 

each raptor (a copy of a propagation 

report with band number or a 3-186A 

report), and each must be identifiable 

with a seamless band or a permanent, 

nonreusable, numbered Fish and 

Wildlife Service leg band issued by the 

Service or an implanted microchip for 

identification. 

(iv) If the raptor dies or is lost, you are 

not required to bring it back but must 

report the loss immediately upon your 

return to the United States in the 

manner required by the falconry 

regulations of your State, and any 

conditions on your CITES certificate. 

(16) Permission to capture, fly, or 

release a falconry bird at any location. 

You do not need special or written 

permission for any of these activities on 

public lands if it is authorized. 

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59476 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 

However, you must comply with all 

applicable Federal, State, tribal, or 

territorial laws regarding falconry 

activities, including hunting. Your 

falconry permit does not authorize you 

to capture or release raptors or practice 

falconry on public lands if it is 

prohibited on those lands, or on private 

property, without permission from the 

landowner or custodian. 

(17) Practicing falconry in the vicinity 

of a Federally listed threatened or 

endangered animal species. In 

practicing falconry you must ensure that 

your activities do not cause the take of 

Federally listed threatened or 

endangered wildlife. ‘‘Take’’ under the 

Endangered Species Act means ‘‘to 

harass, pursue, hunt, shoot, wound, kill, 

trap, capture, or collect or attempt to 

engage in any such conduct’’ 

(Endangered Species Act § 3(18)). 

Within this definition, ‘‘harass’’ means 

any act that may injure wildlife by 

disrupting normal behavior, including 

breeding, feeding, or sheltering, and 

harm’’ means an act that actually kills 

or injures wildlife (50 CFR 17.3). To 

obtain information about threatened or 

endangered species that may occur in 

your State or on tribal lands where you 

wish to practice falconry, contact your 

State, tribal, or territorial agency that 

regulates falconry. You can contact your 

State Fish and Wildlife Service office for 

information on Federally-listed species. 

(18) Trapping a bird for use in 

falconry in areas used by the northern 

aplomado falcon. Capture of a northern 

aplomado falcon (Falco femoralis 

septentrionalis) is not authorized 

because it is a violation of the 

Endangered Species Act. To avoid 

trapping northern aplomado falcons, 

you must comply with the following 

conditions when trapping a bird for use 

in falconry in the following counties. 

If you trap in You may trap a bird for falconry in the following counties if you comply with the conditions 

below. 

(i) Arizona, Cochise, Graham, Pima, Pinal, or Santa Cruz. 

(ii) New Mexico, Doa Ana, Eddy, Grant, Hidalgo, Lea, Luna, Otero, Sierra, or Socorro. 

(iii) Texas, Aransas, Brewster, Brooks, Calhoun, Cameron, Culberson, Duval, Ector, El Paso, Hidalgo, 

Hudspeth, Jackson, Jeff Davis, Kenedy, Kinney, Kleberg, Matagorda, Maverick, Midland, 

Nueces, Pecos, Presidio, Reeves, Refugio, San Patricio, Starr, Terrell, Val Verde, Victoria, 

Webb, Willacy, or Zapata. 

(iv) If you are an Apprentice Falconer, 

you must be accompanied by a General 

or Master Falconer when trapping in 

one of these counties. 

(v) You may not begin trapping if you 

observe a northern aplomado falcon in 

the vicinity of your intended trapping 

effort. 

(vi) You must suspend trapping if a 

northern aplomado falcon arrives in the 

vicinity of your trapping effort. 

(19) Prey item killed by a falconry bird 

without your intent, including an 

animal taken outside of a regular 

hunting season. 

(i) You may allow your falconry bird 

to feed on the animal, but you may not 

take the animal into your possession. 

(ii) You must report take of any 

federally listed threatened or 

endangered species to our Ecological 

Services Field Office for the location in 

which the take occurred. 

(20) Take of bird species for which a 

depredation order is in place. With a 

falconry bird, you may take any species 

listed in parts 21.43, 44, 45, or 46 of this 

subchapter at any time in accordance 

with the conditions of the applicable 

depredation order, as long as you are 

not paid for doing so. 

(21) Transfer of falconry raptors if a 

permittee dies. A surviving spouse, 

executor, administrator, or other legal 

representative of a deceased falconry 

permittee may transfer any bird held by 

the permittee to another authorized 

permittee within 90 days of the death of 

the falconry permittee. After 90 days, 

disposition of a bird held under the 

permit is at the discretion of the 

authority that issued it. 

(g) Applying for a falconry permit. If 

you apply for a falconry permit, you 

must include the following information 

plus any other information required by 

your State, tribe, or territory. 

(1) The completed application form 

from your State, tribal, or territorial 

agency that regulates falconry permits. 

(2) Proof that you have passed the 

falconry test administered by the State, 

tribe, or territory where you maintain 

your legal residence, or proof that you 

have previously held a falconry permit 

at the level you seek. 

(3) For an Apprentice permit, you 

must provide the following: 

(i) A letter from a General or Master 

Falconer stating that he or she has 

agreed to assist you in learning about 

the husbandry and training of raptors 

held for falconry and about relevant 

wildlife laws and regulations, and in 

deciding what species of raptor is 

appropriate for you to possess while an 

Apprentice. 

(ii) An original, signed certification 

that you are particularly familiar with § 

10.13 of this subchapter, the list of 

migratory bird species to which the 

Migratory Bird Treaty Act applies; part 

13 of this subchapter, general permit 

regulations; part 21 of this subchapter, 

migratory bird permits; and part 22 of 

this subchapter, eagle permits. The 

certification can be incorporated into 

tribal and State application forms, and 

must be worded as follows: 

I certify that I have read and am 

familiar with the regulations in title 50, 

part 13, of the Code of Federal 

Regulations and the other applicable 

parts in subchapter B of chapter I of title 

50, and that the information I have 

submitted is complete and accurate to 

the best of my knowledge and belief. I 

understand that any false statement 

herein may subject me to the criminal 

penalties of 18 U.S.C. 1001. 

(4) For an Apprentice or General 

Falconry permit, a parent or legal 

guardian must co-sign your application 

if you are under 18. 

(5) For a General Falconer permit: 

(i) Information documenting your 

experience maintaining falconry raptors, 

including a summary of what species 

you held as an Apprentice Falconer and 

how long you possessed each bird, and 

(ii) A letter from a General Falconer 

or Master Falconer (preferably your 

sponsor) attesting that you have 

practiced falconry with raptor(s) taken 

from the wild at the Apprentice 

Falconer level for at least 2 years, 

including maintaining, training, flying, 

and hunting the raptor(s) for an average 

of 6 months per year, with at least 4 

months in each year. 

(6) For a Master Falconer permit, you 

must attest that you have practiced 

falconry at the General Falconer level 

for at least 5 years. 

(h) Updating a falconry permit after a 

move. If you move to a new State or 

outside the jurisdiction of your tribe or 

territory and take falconry birds with 

you, within 30 days you must inform 

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Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 59477 

both your former State, tribe, or territory 

and the permitting authority for your 

new place of residence of your address 

change. To obtain a new falconry 

permit, you must follow the permit 

application procedures of the authority 

under which you wish to acquire a new 

permit. You may keep falconry birds 

you hold while you apply for a new 

falconry permit. However, the State, 

tribe, or territory into which you move 

may place restrictions on your 

possession of falconry birds until you 

meet the residency requirements there. 

(i) Restoration of revoked permits. 

Upon request of the person whose 

permit has been revoked, the State, 

tribe, or territory may restore the 

person’s falconry permit at the end of 

the revocation period. 

(j) Information collection 

requirements. The information 

collection required for falconry 

applications and for falconry bird 

disposition on FWS Form 3-186A is 

approved by the Office of Management 

and Budget under control number 1018- 

0022. The information is necessary to 

determine take of raptors from the wild 

for falconry. 

(k) Database required of States, tribes, 

and territories. Each State, tribe, or 

territory that permits falconry must 

maintain information in a database. The 

information will enable enforcement of 

this section. 

(1) The State, tribal, or territorial 

database must be compatible with the 

database that we maintain. The State, 

tribal, or territorial database must 

contain the following information: 

(i) The current address of each person 

with a falconry permit. 

(ii) The classification of each person 

with a falconry permit - Apprentice 

Falconer, General Falconer, or Master 

Falconer. 

(iii) The address of the falconry 

facilities of each person with a falconry 

permit. 

(iv) The Federal falconry identifier 

number assigned via the 3-186A system 

to each person with a falconry permit. 

(v) Whether each permittee is 

authorized to possess eagles. 

(vi) Information on the status of each 

person’s permit: whether it is active, 

suspended, or revoked. 

(2) Information on each permit 

granted, including changes in status 

from Apprentice Falconer to General 

Falconer or General Falconer to Master 

Falconer, and moves of falconers or 

their facilities must be entered into the 

State’s, tribe’s, or territory’s database 

within 30 days of the granting of the 

permit or a falconer’s change in status. 

New additions to the State, tribal, or 

territorial database must be forwarded to 

us monthly. 

■ 6. Amend § 21.31 by revising 

paragraphs (e)(3) and (e)(4)(ii) to read as 

follows: 

§ 21.31 Rehabilitation permits.* * * * * 

(e) * * * 

(3) Subpermittees. Except as provided 

by paragraph (f)(2)(ii) of this section, 

anyone who will be performing 

activities that require permit 

authorization under paragraph (b)(1) of 

this section when you or a subpermittee 

are not present, including any 

individual who transports birds to or 

from your facility on a regular basis, 

must either possess a Federal 

rehabilitation permit or be authorized as 

your subpermittee by being named in 

writing to your issuing Migratory Bird 

Permit Office. This does not apply to 

General Falconers or Master Falconers, 

who may assist with conditioning 

raptors for release without being your 

subpermittee. If you have a falconer 

assist in conditioning a rehabilitated 

raptor for release, you must provide the 

falconer with a letter or form that 

identifies the bird and explains that the 

falconer is assisting in rehabilitation of 

the raptor. 

(i) Your subpermittees must be at least 

18 years of age and possess sufficient 

experience to tend the species in their 

care. 

(ii) Your subpermittees who are 

authorized to care for migratory birds at 

a site other than your facility must have 

facilities adequate to house the species 

in their care, based on the criteria of 

paragraph (e)(1) of this section. All such 

facilities except those of a falconer 

assisting in conditioning raptors for 

release must be approved by the issuing 

office. 

(iii) As the primary permittee, you are 

legally responsible for ensuring that 

your subpermittees, staff, and 

volunteers adhere to the terms of your 

permit when conducting migratory bird 

rehabilitation activities. 

(4) * * * 

(ii) After a bird is rehabilitated to a 

condition suitable for release to the 

wild, you must release it to suitable 

habitat as soon as seasonal conditions 

allow, except that you may transfer a 

rehabilitated wild raptor to a holder of 

a State, tribal, or territorial falconry 

permit if the permit holder is authorized 

to hold the species for use in falconry. 

The transfer may need the approval of 

your State, tribe, or territory. The 

falconer must complete a Form 3-186A 

reporting the transfer. 

(A) You may not retain migratory 

birds longer than 180 days without 

additional authorization from your 

Regional Migratory Bird Permit Office. If 

the appropriate season for release is 

outside the 180–day timeframe, you 

must seek authorization from your Fish 

and Wildlife Service Regional Migratory 

Bird Permit Office to possess the bird 

until the appropriate season. 

(B) Before releasing a threatened or 

endangered migratory bird, you must 

comply with any requirements for the 

release from your Fish and Wildlife 

Service Regional Migratory Bird Permit 

Office. 

* * * * * 

PART 22—EAGLE PERMITS 

■ 7. The authority citation for part 22 

continues to read as follows: 

Authority: 16 U.S.C. 668a; 16 U.S.C. 703- 

712; 16 U.S.C. 1531-1544. 

■ 8. Revise § 22.24 to read as follows: 

§ 22.24 Permits for falconry purposes. 

(a) Use of golden eagles in falconry. If 

you meet the conditions outlined in § 

21.29 (c)(3)(iv) of this part, and you 

have a permit to possess a golden eagle 

(Aquila chrysaetos) from your State, 

tribe, or territory, we consider your 

permit sufficient for the purposes of the 

Bald and Golden Eagle Protection Act 

(16 U.S.C. 668-668d), subject to the 

requirement that take of golden eagles 

for falconry is compatible with the 

preservation of the golden eagle. 

(b) Transfer of golden eagles trapped 

by government employees to falconers. 

If you (the falconer) have the necessary 

permit(s) from your State, tribe, or 

territory, a government employee who 

has trapped a golden eagle under 

Federal, State, or tribal permit authority 

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 

depredation area declared by USDA 

Wildlife Services or a State governor. 

You must contact USDA Wildlife 

Services or the appropriate State agency 

to determine if a livestock depredation 

area has been delineated. 

Dated: July 2, 2008 

David M. Verhey 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. E8–23226 Filed 10–7–08; 8:45 am] 

BILLING CODE: 4310-55-S 

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