Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Proposed Rules 57413 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Zuri Farngalo, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Mr. 

Farngalo may be reached at (404) 562– 

9152, or farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules Section of this Federal Register. 

In the Final Rules Section of this 

Federal Register, EPA is approving the 

State’s SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If EPA receives no adverse 

comments in response to this notice, no 

further activity is contemplated. If EPA 

receives adverse comments, EPA will 

withdraw the direct final rule and will 

address all public comments received in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this 

document. Any parties interested in 

commenting on this document should 

do so at this time. 

Dated: September 3, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–23536 Filed 9–20–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Parts 10, 13, 21, and 22 

[FWS–R9–MB–2008–0103] 

[91200–1231–9BPP] 

RIN 1018–AI97 

Migratory Bird Permits; Possession 

and Educational Use 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Fish and Wildlife 

Service (‘‘we’’ or ‘‘the Service’’) is 

proposing a permit regulation to 

authorize the possession and use of 

migratory birds in educational programs 

and exhibits. The proposed rule also 

would revise existing regulations 

authorizing public exhibition of eagles. 

In addition, it would remove the permit 

exemption for some public institutions 

for possession of live migratory birds 

and migratory bird specimens, and 

clarify that birds held under the 

exemption must be used for 

conservation education. For specimens 

such as feathers, parts, carcasses, 

nonviable eggs, and nests, the 

regulations would be updated and 

clarified to more accurately reflect the 

types of institutions that may hold 

specimens for public educational 

purposes. The regulations would allow 

exempt institutions to transfer migratory 

birds to individuals and entities 

authorized by permit to possess them. 

Sale and purchase by permittees and 

exempt institutions would be restricted 

to properly-marked, captive-bred birds. 

DATES: Submit written comments on or 

before December 20, 2010, to the 

address below. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U. S. mail or hand-delivery: Public 

Comments Processing, Attn: RIN 1018– 

AI97; Division of Policy and Directives 

Management; U. S. Fish and Wildlife 

Service; 4401 North Fairfax Drive, Suite 

222; Arlington, VA 22203–1610. 

We will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: 

Eliza Savage, Division of Migratory Bird 

Management, U. S. Fish and Wildlife 

Service, 4401 North Fairfax Drive, 

Mailstop 4107, Arlington, VA 22203– 

1610; or 703–358–2329. 

SUPPLEMENTARY INFORMATION: 

Public Comments 

You may submit your comments and 

materials concerning this proposed rule 

by one of the methods listed in the 

ADDRESSES section. Please note that we 

may not consider comments we receive 

after the date specified in the DATES 

section in our final determination. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that we 

will post your entire comment— 

including your personal identifying 

information—on http:// 

www.regulations.gov. While you can ask 

us in your comment to withhold your 

personal identifying information from 

public review, we cannot guarantee that 

we will be able to do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this proposed rule, 

will be available for public inspection 

on http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Division of Migratory Bird 

Management, 4501 North Fairfax Drive, 

4th Floor, Arlington, VA 22203–1610; 

telephone 703–358–2329. 

Background 

The Migratory Bird Treaty Act 

(MBTA) (16 U.S.C. 703 et seq.) prohibits 

possession of any bird protected by 

treaties between the United States and 

Canada, Mexico, Japan, and Russia 

unless the possession is authorized 

under regulation and/or by permit. 

Birds protected by the MBTA are 

referred to as ‘‘migratory birds.’’ The 

Service regulates the use of migratory 

birds through regulations at parts 20 and 

21 of title 50 of the Code of Federal 

Regulations (CFR). Unless exempt under 

regulations at 50 CFR 21.12, you must 

obtain a permit from the Service to 

possess a migratory bird for use in 

educational programs. Because there are 

currently no specific educational-use 

permit regulations, we authorize 

educational activities that involve 

migratory birds using Special Purpose 

permits issued under 50 CFR 21.27, 

which provides for permits for activities 

not specifically authorized by an 

existing permit category. In the absence 

of specific regulations addressing 

educational activities using migratory 

birds, the terms and requirements 

governing this activity are currently set 

forth in a list of standard conditions 

issued with each permit. 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1
57414 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Proposed Rules 

Through this rulemaking, we propose 

to establish educational-use permit 

regulations to hold live nonreleasable or 

captive-bred migratory birds and 

nonliving specimens thereof for use in 

teaching people about migratory bird 

conservation and ecology. The public 

input we receive in response to this 

proposed rule will help us develop final 

regulations that will provide 

consistency and clarity in the 

administration of permits for migratory 

bird educational activities nationwide, 

and ensure that migratory birds are used 

humanely and in a manner consistent 

with the protections afforded by the 

MBTA. 

We drafted this proposed regulation 

with the benefit of public comment 

received in response to an advance 

notice of proposed rulemaking 

published in the Federal Register on 

October 13, 2005 (70 FR 59710). In that 

notice, we solicited public input on 

facilities standards, experience criteria, 

and commercialization, among other 

issues associated with use of migratory 

birds for educational purposes. We 

received more than 200 comments, most 

of which were quite detailed and 

substantive, and were integral to 

crafting this proposed regulation. 

The primary purpose of the proposed 

permit is to authorize conservation 

education programs. Each program 

would have to provide a message about 

migratory bird conservation, natural 

history, biology, or ecology. As one 

commenter suggested, the permit’s 

purpose is to ‘‘instill in a person 

memorable information that benefits 

birds or the natural world.’’ The message 

does not necessarily need to be spoken 

to be conveyed; creating an attitude can 

be as important as imparting 

information. As long as the program 

addresses conservation, natural history, 

biology, and/or ecology, it may also 

contain additional educational content 

on other topics such as Native American 

cultural heritage or falconry. The 

requirement to have a conservation 

message does not preclude 

presentations with migratory birds from 

being entertaining. As another 

commenter put it, ‘‘laughter and 

amusement open pathways for receptive 

learning. The goal is to inspire.’’ 

However, this permit would not allow 

use of a migratory bird in a presentation 

in which the bird is induced to perform 

tricks or imitate human or other 

behavior unnatural for the species. 

Under no circumstance would we 

authorize the use of migratory birds to 

endorse or promote any product or 

service, other than the conservation 

objectives of a sponsor, the permit 

holder, or the U.S. Fish and Wildlife 

Service. As long as this condition is 

met, migratory birds may be used in 

conservation education programs at 

commercial venues. We believe that 

commercial venues can provide 

opportunities to bring conservation 

messages to large numbers of people 

who may not otherwise be exposed to 

this type of educational program. 

The permit would require permittees 

to conduct a minimum of 12 public 

educational programs per year that are 

open to the general public or presented 

at an accredited public or private school 

with the birds held under the permit. A 

facility such as a zoo, in which birds are 

displayed in permanent enclosures and 

not presented in demonstrations or 

programs, must be open to the general 

public at least 400 hours per year. The 

requirement that displays or programs 

be open to the general public or 

presented in a formal educational 

setting is integral to the purpose of the 

permit, because migratory birds are a 

public resource, and because it is the 

Service’s mission to further their 

conservation. We would issue 

educational permits only when the 

public would benefit by gaining a 

greater understanding of the wild nature 

and conservation status of migratory 

birds. 

Being open to the general public does 

not mean that presentations conducted 

under this permit must be free of charge. 

For migratory bird permits, we define 

‘‘open to the general public’’ as 

‘‘available to the general public and not 

restricted to any individual or set of 

individuals, whether or not a fee is 

charged.’’ Therefore, the required 

programs cannot be limited to specific 

audiences; all members of the public 

would have to be eligible to attend the 

programs. The exception would be 

classrooms in accredited schools 

(because most accredited schools are 

open to the public, even though specific 

classes may be closed to a wider 

audience). To illustrate what is meant 

by ‘‘open to public,’’ a wedding 

reception limited to guests who received 

a wedding invitation is not open to the 

general public, whereas, an educational 

program offered at a national park is. As 

another example, Disneyland is open to 

the general public because anyone who 

is willing to pay the admission fee may 

be admitted. 

Provided that the conservation 

education component is a prominent 

element within the presentation, the 

programs are open to the general public, 

no product is endorsed, and all the 

conditions for possessing birds under 

the permit are satisfied, this permit 

would be available to for-profit 

institutions. 

As long as the permittee satisfies the 

requirements for being open to the 

general public, he or she can also 

present programs for private or 

invitation-only gatherings, provided that 

the required conservation message is 

presented and all the other conditions of 

the permit are met. 

We recognize that the requirement 

that each bird be used in a minimum of 

12 public educational programs per year 

could be hard on old or ailing birds. If 

it would no longer be humane to use a 

bird for educational programs, the 

educator could request an exception 

from their permit office from using that 

bird in the required 12 programs. 

We propose to use two publications as 

guidance for evaluating facilities and 

experience for the housing and care of 

migratory birds and eagles held under 

this permit. For raptors, we would use 

the housing recommendations of the 

University of Minnesota Raptor Center’s 

Raptors in Captivity: Guidelines for Care 

and Management (2007). For other 

migratory birds, we would use the 

National Wildlife Rehabilitator’s 

Association’s Wildlife in Education: A 

Guide for the Care and Use of Program 

Animals (2004). The recommendations 

in the two publications would serve as 

guidance for the issuing office; we could 

authorize variation from the standards 

where doing so would be reasonable 

and necessary to accommodate a 

particular educator’s circumstances, and 

would not adversely affect any bird held 

by the educator. The proposed rule 

contains a ‘‘grandfather clause,’’ which 

states, in part: ‘‘If your facilities have 

already been approved by the Service on 

the basis of photographs and diagrams, 

and authorized under a § 21.27 Special 

Purpose-Education permit or § 22.21 

Eagle Exhibition permit, then they are 

authorized under your new permit 

issued under this section, unless those 

facilities have materially diminished in 

size or quality from what was 

authorized when you last renewed your 

permit, or unless you wish to expand 

the authorizations granted by your 

permit (e.g., the number or types of 

birds you hold).’’ 

Similar to the provisions of the 

migratory bird rehabilitation 

regulations, this proposed rule would 

require subpermittees to be at least 18 

years old. This requirement does not 

prevent a permittee from allowing 

younger persons to participate in the 

activities authorized by permit; a 

volunteer is not required to be a 

subpermittee if he or she is supervised 

by the permittee or a subpermittee, and 

this would apply to persons under 18 

years of age. 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Proposed Rules 57415 

This rule would limit the sale and 

purchase of birds held under the permit 

to the following categories: (1) raptors 

bred under a Raptor Propagation permit 

and marked with a seamless metal band 

provided by the Service, (2) waterfowl 

bred under a Waterfowl Sale and 

Disposal permit and marked in 

accordance with 50 CFR 21.13, and (3) 

game birds bred under a Special 

Purpose Game Bird permit and marked 

in accordance with 50 CFR 21.13. 

Permittees would be authorized to sell 

and purchase such birds to and from 

one another and to and from holders of 

other types of permits that authorize 

purchase and sale of such birds. 

Transfer of other migratory birds held 

under the permit would be allowed by 

donation only. Permittees would not be 

authorized to breed birds held under the 

permit. 

The proposed rule contains guidance 

we would use to evaluate applicants’ 

experience to determine what species 

they are qualified to hold. The table 

addresses only the more commonlyused raptors, as well as corvids, because 

those are the species for which we have 

some information on which to base our 

criteria, including recommendations 

from the publications noted above and 

from commenters responding to our 

2005 notice regarding this proposed 

rulemaking. In response to commenters, 

we placed the more commonly-used 

species into four experience categories, 

according to the skill and experience 

needed to handle them. Some species of 

migratory birds not listed in the table 

may be suitable for educational use, but 

we would need more information to 

assess their suitability and the 

experience needed to handle and care 

for them. Accordingly, we are 

specifically soliciting input from 

persons with some knowledge of and/or 

experience with the 30 MBTA-protected 

raptor species not listed in the table, as 

well as other species of migratory birds, 

regarding temperament and other 

physical and behavioral traits that could 

affect their suitability for educational 

use. 

To clarify terms used in this 

rulemaking, we propose several new 

regulatory definitions that would apply 

to migratory bird permits. The terms we 

propose to define are ‘‘nonreleasable 

bird,’’ ‘‘open to the general public,’’ 

‘‘public institution,’’ ‘‘public museum,’’ 

and ‘‘public zoological park.’’ We also 

propose to amend the definition of 

‘‘public’’ in 50 CFR part 10.12 to remove 

its application to migratory bird and 

eagle permits, since we are clarifying 

how it applies to migratory bird permits 

through the above definitions and to 

eagle permits through definitions we 

propose under part 22 (see below). 

Eagle Educational Use 

This proposed rule would also revise 

regulations governing possession and 

use of bald eagles (Haliaeetus 

leucocephalus) and golden eagles 

(Aquila chrysaetos) for educational 

purposes. Currently, regulations 

governing the use of eagles for 

exhibition purposes are at 50 CFR 22.21. 

The existing eagle exhibition permit 

regulations are combined with eagle 

scientific permit regulations and 

addressed in the same section at 50 CFR 

22.21. This proposed rule separates the 

two activities to create stand-alone eagle 

exhibition (educational-use) regulations. 

These proposed eagle educational-use 

regulations largely incorporate by 

reference the regulations proposed 

herein for possessing other MBTAprotected birds for educational 

purposes. They differ only in a few 

aspects. First, all live eagles held under 

the regulation would have to be 

nonreleasable (whereas permits for 

other migratory bird species would 

authorize possession of captive-bred, as 

well as nonreleasable, birds). Second, as 

mandated by the Bald and Golden Eagle 

Protection Act (Eagle Act) (16 U.S.C. 

668 et seq.), only public museums, 

public scientific societies, and public 

zoological parks are allowed under the 

Eagle Act to obtain permits to exhibit 

eagles. The rule proposes regulatory 

definitions for ‘‘public museum,’’ 

‘‘public scientific society,’’ and ‘‘public 

zoological park’’ to remove ambiguity 

about who may qualify to receive eagle 

educational use permits. The new 

definitions are intended to be as broad 

as possible within the intent of the Eagle 

Act so as not to unnecessarily restrict 

placement of eagles for educational use 

with otherwise qualified individuals 

and organizations. See our October 13, 

2005, Federal Register notice at 70 FR 

59712, for more discussion of this issue. 

Third, differences between the MBTA 

and the Eagle Act necessitate different 

requirements for international transport 

of eagle specimens than for other 

migratory bird specimens. The Eagle Act 

and implementing regulations at 50 CFR 

22.12(a) prohibit permanent export or 

import of bald eagles. Thus, the 

proposed eagle regulations differ from 

the proposed migratory bird regulations 

because they incorporate existing 

regulations for exhibitions of eagle 

specimens that are taken out of and 

returned to the United States. Except for 

re-formatting and the addition of a 

three-year maximum permit duration, 

the eagle transport regulations would be 

unchanged. 

Fourth, under the proposed eagle 

educational-use regulations, permits 

would authorize possession of nonliving eagle specimens only if they were 

lawfully acquired prior to March 30, 

1994, with very limited exceptions. That 

is the date that the Service began 

implementing Director’s Order 69, 

which requires Service employees to 

ensure that all eagle specimens are sent 

to the National Eagle Repository, the 

Service’s distribution center for eagle 

parts and feathers for Native American 

religious use. Consequently, these 

regulations provide that we may permit 

transfer and possession only of 

specimens that were already lawfully 

possessed prior to that date, unless the 

specimen lacks ceremonial value due to 

poor condition or some other reason. As 

provided in Director’s Order 69, the 

Regional Director may make exceptions 

for important resource needs. 

Finally, the eagle educational-use 

regulations, in keeping with Director’s 

Order 69, would require all carcasses 

and feathers that are not needed for 

imping (feather replacement) purposes 

for other live eagles to be sent to the 

National Eagle Repository. 

Please note that although eagle 

scientific permit regulations are 

included in this proposed rulemaking, 

we are not making any revisions to 

those regulations at this time, except (1) 

as is necessary to separate the exhibition 

regulations from them (such as 

removing the phrases ‘‘and exhibition’’ 

and ‘‘or exhibition’’ throughout the 

regulation), and (2) changing the name 

of the permits from ‘‘Scientific collecting 

purposes’’ to ‘‘Scientific purpose,’’ since 

those permits do not always authorize 

collection of specimens from the wild. 

To remove the references to ‘‘exhibition’’ 

from § 22.21, it was necessary to 

publish the text of the entire section, but 

we are not proposing any other 

revisions to it at this time. 

Adding the definitions of ‘‘public 

museum,’’ ‘‘public scientific society,’’ 

and ‘‘public zoological park’’ to the part 

22 eagle regulations could affect 

scientific permitting by clarifying 

eligibility of applicants. However, the 

new definitions are not intended to 

change the provisions of the eagle 

scientific permit regulations; we 

propose them here simply to clarify 

existing provisions for all eagle permits. 

In separating the permit regulations 

for eagle exhibition from eagle scientific 

collecting, ‘‘take’’ of eagles would no 

longer be authorized under the 

exhibition regulations. This ‘‘revision’’ 

actually maintains the status quo: the 

only take of eagles that we have 

permitted under the existing eagle 

exhibition/scientific regulations was for 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1
57416 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Proposed Rules 

scientific collecting. The proposed 

regulations continue our policy of not 

issuing permits to take eagles from the 

wild for exhibition purposes. 

The current eagle exhibition/scientific 

permit regulations are silent as to 

whether eagles used under the permit 

must be nonreleasable. Nevertheless, in 

keeping with the Eagle Act’s 

requirement that the Secretary of the 

Interior shall issue permits to take and 

possess eagles only when ‘‘it is 

compatible with the preservation of the 

bald eagle or the golden eagle’’ (16 

U.S.C. 668a), we have issued permits for 

eagle exhibition only for nonreleasable 

eagles. Taking eagles from the wild is 

necessary for some scientific research 

and other purposes, but it is not 

required for educational use because 

sufficient numbers of nonreleasable 

eagles are available for use in 

educational programs. Therefore, the 

proposed eagle educational-use 

regulations codify our policy of 

authorizing possession of nonreleasable 

eagles only. 

Fees and Permit Tenure 

We propose an application processing 

fee of $100 for the educational use 

permit. This is $25 more than the $75 

fee we currently assess for processing 

the Special Purpose permit and the 

Eagle Exhibition permit. However, the 

term of the proposed educational use 

permit would be five years, instead of 

the current three years, reducing the 

average cost per year. We propose to 

implement a $50 amendment fee for 

substantive permit amendments, such as 

a change in the location and housing for 

the birds, increasing the number or 

species of birds, or adding new species 

to be held under the permit. 

Amendments for these types of permits 

are generally time-consuming and the 

$50 amendment fee will help us recoup 

a larger portion of the costs of 

administering these types of permits. To 

prevent an undue burden on the 

permittee and unnecessary workload for 

the Service, permits would authorize 

the maximum number of birds—and 

species—for which the permittee 

qualifies, based on (1) facilities and 

caging, (2) the nature of the educational 

programs, and (3) the permittee’s 

experience in handling and caring for 

birds and presenting programs. 

Authorizing the upper limit of birds and 

species will limit the need for 

amendments to situations where the 

permittee substantially modifies his or 

her facilities, experience, and/or 

educational programs. 

Transition of Current Permittees to 

Permits under New Regulations 

Current Special Purpose-Education 

permit holders and current Eagle 

Exhibition permit holders need not take 

any special action as a result of the new 

rule, if promulgated as proposed. When 

it is time to renew their permits, they 

should apply for renewal using the 

Service permit renewal form mailed to 

them by their Regional Permit Office. 

The permits will be renewed under the 

new permit categories created by this 

rule. 

Application and Annual Reporting 

Requirements 

This proposed rule does not specify 

what information an applicant must 

submit to apply for an educational-use 

permit or to file an annual report, other 

than that he or she must submit a 

completed application form, including 

any required attachments, to apply for a 

permit; and for annual reporting, the 

permittee must submit all the 

information required on the report form. 

By avoiding codification of application 

and reporting requirements, we can 

revise application and reporting 

requirements without undergoing the 

time-consuming rulemaking process. 

However, the public will have the 

opportunity to provide input on the 

content of these forms. All forms must 

be approved by the Office of 

Management and Budget every three 

years, and as part of that process, all 

new forms and all changes to forms are 

subject to public review via a series of 

notices in the Federal Register. We are 

not proposing any substantive changes 

to the existing application and report 

forms at this time. We will continue to 

use FWS Form 3–200–10c as the 

application form for a permit to possess 

live birds for educational use, FWS 

Form 3–200–10d to apply for possession 

of dead migratory bird specimens for 

educational use, and FWS Form 3–200– 

14 for possession of eagles and eagle 

specimens for educational use. 

Revisions to Migratory Bird Permit 

Exceptions 

This rule also proposes to amend 

regulations governing general migratory 

bird permit exceptions under § 21.12. 

Some entities (such as municipal game 

farms) exempted under current 

regulations for possession of specimens 

such as feathers, mounts, bones, nests, 

and nonviable eggs would no longer be 

exempted from the permit requirement, 

generally because those entities do not 

provide conservation education. The 

rule clarifies what entities qualify under 

the remaining exemptions and specifies 

that the exemption is only for purposes 

of public conservation education and 

scientific research. Exempt institutions 

would be allowed to transfer migratory 

bird specimens to other exempt entities 

or to persons authorized by permit to 

possess such birds. The intent of the 

language within current regulations at § 

21.12(b)(1) regarding to whom exempt 

institutions may donate birds is unclear 

and has been interpreted to limit 

transfer of birds only to other exempt 

entities. 

The rule would limit the permit 

exception for possession of live birds to 

institutions accredited by the 

Association of Zoos and Aquariums 

(AZA). All other individuals and 

entities that keep live birds for 

education purposes would be required 

to obtain an educational use permit 

within one year after the final rule 

becomes effective. The permit-exempt 

AZA institutions would be required to 

comply with the husbandry standards 

and several other conditions that apply 

to permittees. These revisions would 

ensure that all entities that hold live 

birds for educational use are held to the 

same standards. Sale and purchase 

between exempt institutions and 

permittees and among exempt 

institutions would be restricted to 

captive-bred migratory birds. The rule 

would not allow exempt institutions to 

take birds from the wild; to do that, a 

scientific-purpose permit must be 

obtained. 

Entities that were previously 

exempted from the permit requirement 

would be allowed to retain any 

migratory live birds and dead specimens 

already in their possession on the date 

the rule becomes effective without a 

permit. However, a permit would be 

required to acquire and possess any 

additional live migratory bird, including 

progeny, or migratory bird specimen 

after that date without first obtaining the 

appropriate permit. Nor would such 

‘‘grandfathered’’ holders be allowed to 

sell or transfer live birds or dead 

specimens without a permit. Live birds 

must be held under the husbandry 

standards of 21.32(b)(1)(i) though (vii) 

and 21.32(b)(2). 

Entities that remain exempt from the 

permit requirement to hold dead 

specimens would be allowed to accept 

such specimens from members of the 

public who, without a permit, pick them 

up. Those persons would be exempt 

from the permit requirement for such 

one-time salvage provided they 

promptly donate the specimens to a 

person or institution authorized to 

possess the specimens by permit or 

permit exception. 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Proposed Rules 57417 

We also propose new permit 

exemptions to allow Federal, State, 

tribal, or local natural resource agencies 

to collect and hold birds in the course 

of official duty. Finally, employees and 

agents of the National Oceanic and 

Atmospheric Administration’s National 

Marine Fisheries Service, U.S. 

Department of Commerce, who monitor 

bycatch on fishing trawlers would not 

need a permit to possess migratory birds 

when carrying out those duties. 

Minor Revisions to Rehabilitation 

Permit Regulations 

We propose three minor amendments 

to regulations governing permits for 

migratory bird rehabilitation at 50 CFR 

21.31 because both changes have some 

relation to the use of birds held for 

educational use. First, we propose 

limited conditions under which birds 

undergoing rehabilitation for release to 

the wild can be intermingled with birds 

held under other types of permits. They 

could be housed with birds held under 

another type of permit only for fostering 

purposes, and only if the fostering bird 

continues to be used according to the 

purposes and conditions of the permit 

under which it is held. 

Second, we propose to allow 

nonreleasable birds to be kept 

indefinitely under the rehabilitation 

permit for purposes of foster parenting. 

Currently, the rehabilitation permit 

regulations require that all 

nonreleasable birds be transferred to 

other types of permits, such as 

educational use. However, the 

educational use permit authorizes 

possession only of birds used for 

educational purposes, and in some 

cases, a bird not suitable for educational 

use may make a good foster parent for 

orphaned young or juveniles undergoing 

rehabilitation. This amendment to the 

rehabilitation permit regulations would 

allow a suitable nonreleasable bird to be 

held under the rehabilitation permit 

indefinitely for foster parenting 

purposes if authorized by the regional 

migratory bird permit office. 

Finally, we are adding the 

requirement that the rehabilitator 

receive approval from the permit office 

before transferring a releasable wild 

raptor to a permitted falconer 

authorized to hold eagles under his or 

her falconry permit. 

Required Determinations 

Responsibilities of Federal Agencies 

To Protect Migratory Birds (Executive 

Order 13186). This proposed rule has 

been evaluated for impacts to migratory 

birds, with emphasis on species of 

management concern, and is in 

accordance with the guidance in E.O. 

13186. 

Regulatory Planning and Review (E. 

O. 12866). The Office of Management 

and Budget (OMB) has determined that 

this rule is not significant and has not 

reviewed this rule under Executive 

Order 12866 (E. O. 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. Under the 

Regulatory Flexibility Act (5 U. S. C. 

601 et seq., as amended by the Small 

Business Regulatory Enforcement 

Fairness Act (SBREFA) of 1996), 

whenever an agency is required to 

publish a notice of rulemaking for any 

proposed or final rule, it must either 

certify that the rule will not have a 

significant economic impact on a 

substantial number of small entities 

(small business, small organizations, 

and small governmental jurisdictions), 

or prepare and make available for public 

comment a regulatory flexibility 

analysis that describes the effect of the 

rule on small entities. 

We have examined this proposed 

rule’s potential effects on small entities 

as required by the Regulatory Flexibility 

Act. We estimate the proposed revisions 

to permit exemptions would require a 

permit to be obtained by about 400 

institutions that are currently exempt 

from the permit requirement. Because 

approximately half of those institutions 

are governmentally funded and/or 

operated, they would not need to pay an 

application fee. Thus, if this proposal is 

adopted in full, we could expect about 

200 institutions to pay a permit 

application fee that did not need to do 

so prior to this rulemaking, for a total 

cost of $20,000 (200 x $100 per 

application). 

Some institutions that were 

previously exempt would incur costs in 

upgrading facilities to the standards 

required of permittees. However, we do 

not expect those costs to be high 

because many of these institutions 

already have suitable facilities. 

Some permittees who need 

substantive amendments made to their 

permits would be assessed a $50 

amendment fee if this rule is adopted. 

We estimate approximately 100 

permittees per year would pay this fee, 

totaling $5,000. Fees for new permits 

and permit renewals would increase by 

$25 (from $75 to $100). We currently 

receive approximately 150 new permit 

applications and 200 renewals for 

migratory bird Special Purpose 

education and Eagle Exhibition permits 

per year. Were that to continue, the total 

permit application fee revenue increase 

would be $8,750 per year. However, this 

permit regulation would also extend the 

permit term from three years to five 

years, reducing total renewal fees by 40 

percent ($20,000 x .4 = $8,000) per year, 

resulting in an overall fee increase of 

approximately $750 ($8,750 - $8,000) 

per year if the number of permittees 

were to remain unchanged. However, 

since this rule would likely result in 

about 200 new permittees who would be 

subject to application and renewal fees 

(as discussed above), averaging 40 new 

renewals ($4,000) per year, the net cost 

to permittees from this rulemaking will 

be $4,750 per year ($4,000 + $750). 

Therefore, we certify that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. A final Regulatory Flexibility 

Analysis is not required. 

Small Business Regulatory 

Enforcement Fairness Act (SBREFA). 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule would not have an annual 

effect on the economy of $100 million 

or more. It would not cause a major 

increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions. This 

rule would not have a significant 

adverse effect on competition, 

employment, investment, productivity, 

innovation, or the ability of U. S. -based 

enterprises to compete with foreignbased enterprises. 

Unfunded Mandates Reform Act. In 

accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501, et 

seq.): 

a. This rule would not ‘‘significantly 

or uniquely’’ affect small governments. 

A Small Government Agency Plan is not 

required. We have determined and 

certified pursuant to the Unfunded 

Mandates Reform Act, 2 U.S.C. 1502 et 

seq., that this rulemaking would not 

impose a cost of $100 million or more 

in any given year on local or State 

government or private entities. 

b. This rule would not produce a 

Federal mandate of $100 million or 

greater in any year. It is not a 


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57418 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Proposed Rules 

‘‘significant regulatory action’’ under the 

Unfunded Mandates Reform Act. 

Takings. In accordance with 

Executive Order 12630, the rule does 

not have significant takings 

implications. This rule would not result 

in the physical occupancy of property, 

the physical invasion of property, or the 

regulatory taking of any property. A 

takings implication assessment is not 

required. 

Federalism. In accordance with 

Executive Order 13132, and based on 

the discussions in the Regulatory 

Planning and Review section above, this 

rule does not have significant 

Federalism effects. A Federalism 

assessment is not required. Due to the 

migratory nature of certain species of 

birds, the Federal Government has been 

given responsibility over these species 

by the Migratory Bird Treaty Act. This 

rule does not have a substantial effect 

on fiscal capacity, change the roles or 

responsibilities of Federal or State 

governments, or intrude on State policy 

or administration. 

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. This 

proposed rule does not contain new or 

revised information collection for which 

Office of Management and Budget 

approval is required under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). Information collection 

associated with migratory bird permit 

programs is covered by existing OMB 

Control No. 1018–0022, which expires 

on November 30, 2010. The Service may 

not conduct or sponsor, nor is a person 

required to respond to, a collection of 

information unless it displays a current 

valid OMB control number. 

National Environmental Policy Act 

(NEPA) (42 U.S.C. 4321 et seq.). We 

have determined that this rule is 

categorically excluded under the 

Department’s NEPA procedures in 516 

DM 8.5(A)(1) because this rule codifies 

policies the Service is already 

implementing under a different 

regulation with changes that have ‘‘no or 

minor potential environmental impact.’’ 

The rule also is categorically excluded 

under 516 DM 2.3(A)(9) because it is a 

regulation that is legal and procedural 

in nature with environmental effects 

that are too speculative to lend 

themselves to meaningful analysis and 

will later be subject to the NEPA process 

on a case-by-case basis. Although each 

permit issued under these proposed 

regulations would be subject to the 

NEPA process, we expect most if not all 

permits we issue to be categorically 

excluded under 516 DM 8.5(C)(1) 

because they will cause no 

environmental disturbance. 

Government-to-Government 

Relationship with Tribes. In accordance 

with the President’s memorandum of 

April 29, 1994, ‘‘Government-toGovernment Relations with Native 

American Tribal Governments’’ (59 FR 

22951), E.O. 13175, and 512 DM 2, the 

Service did not consult with tribal 

authorities because this rule will have 

no effect on federally-recognized Indian 

tribes. 

Energy Effects—Executive Order 

13211. On May 18, 2001, the President 

issued Executive Order 13211 on 

regulations that significantly affect 

energy supply, distribution, and use. 

Executive order 13211 requires agencies 

to prepare Statements of Energy Effects 

when undertaking certain actions. This 

proposed rule is not a significant 

regulatory action under Executive Order 

12866, and it is not expected to 

adversely affect energy supplies, 

distribution, or use. Therefore, this 

action is not a significant energy action 

and no Statement of Energy Effects is 

required. 

Clarity of This Proposed Rule 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that are unclearly 

written, which sections or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

Literature Cited 

Arent, Lori, R. 2007. Raptors in 

Captivity: Guidelines for Care and 

Management. The Raptor Center, 

College of Veterinary Medicine at the 

University of Minnesota, St. Paul, 

Minnesota. 

Buhl, Gail and Lisa Borgia. 2004. 

Wildlife in Education: A Guide for the 

Care and Use of Program Animals. 

National Wildlife Rehabilitators 

Association, St. Cloud, Minnesota. 

List of Subjects in 50 CFR Part 10 

Exports, Fish, Imports, Law 

enforcement, Plants, Transportation, 

Wildlife. 

List of Subjects in 50 CFR Part 13 

Administrative practice and 

procedure, Exports, Fish, Imports, 

Plants, Reporting and recordkeeping 

requirements, Transportation, Wildlife. 

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 set forth in this 

preamble, we propose to amend title 50, 

chapter I, subchapter B of the CFR as 

follows: 

PART 10 – GENERAL PROVISIONS 

1. The authority citation for part 10 

continues to read as follows: 

Authority: 18 U.S.C. 42; 16 U.S.C. 703– 

712; 16 U.S.C. 668a–d; 19 U.S.C. 1202; 16 

U.S.C. 1531–1544; 16 U.S.C. 1361–1384, 

1401–1407; 16 U.S.C. 742a–742j-1; 16 U.S.C. 

3371–3378. 

2. Amend § 10.12 by revising the 

definition of ‘‘Public’’ as set forth below: 

§ 10.12 Definitions. 

* * * * * 

Public as used in referring to 

museums, zoological parks, and 

scientific or educational institutions, 

refers to those that are open to the 

general public and are either 

established, maintained, and operated 

as a governmental service or are 

privately endowed and organized but 

not operated for profit. This definition 

does not apply to the term ‘‘public’’ as 

used in migratory bird and eagle permit 

regulations. With reference to migratory 

bird and eagle permits, see definitions 

under § 21.3 and § 22.3 of this 

subchapter. 

* * * * * 

PART 13 – GENERAL PERMIT 

PROCEDURES 

3. The authority citation for part 13 

continues to read as follows: 

Authority: 16 U.S.C. 668a, 704, 712, 742j– 

1, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 

4901–4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 

U.S.C. 9701. 


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4. Amend the table in § 13.11(d)(4) as 

follows: 

a.Under the heading ‘‘Migratory Bird 

Treaty Act,’’ remove the entry for 

‘‘Migratory Bird Special Purpose/ 

Education;’’ 

b.Under the heading ‘‘Migratory Bird 

Treaty Act,’’ add an entry for 

‘‘Educational Use’’ immediately 

following the entry for ‘‘Migratory Bird 

Rehabilitation’’ to read as set forth 

below; 

c.Under the heading ‘‘Bald and 

Golden Eagle Protection Act,’’ remove 

the entries for ‘‘Eagle Scientific 

Collecting’’ and ‘‘Eagle Exhibition’’; 

d.Under the heading ‘‘Bald and 

Golden Eagle Protection Act,’’ add an 

entry for ‘‘Eagle Scientific Purpose’’ as 

the first entry to read as set forth below; 

and 

e.Under the heading ‘‘Bald and 

Golden Eagle Protection Act,’’ add an 

entry for ‘‘Eagle Educational Use’’ 

immediately following the entry for 

‘‘Golden Eagle Nest Take’’ to read as set 

forth below. 

§ 13.11 Application procedures. 

* * * * * 

(d) * * * 

(4) User fees. * * * 

Type of Permit CFR Citation Fee Amendment Fee 

MIGRATORY BIRD TREATY ACT

*******

Educational Use 50 CFR 21 100 50 

*******

BALD AND GOLDEN EAGLE PROTECTION ACT

Eagle Scientific Purpose 50 CFR 22 100 50 

*******

Eagle Educational Use 50 CFR 22 100 50 

*******

* * * * * 

5. Amend the table in § 13.12(b) as 

follows: 

a. Add one entry in numerical order 

by section number under ‘‘Migratory 

Bird permits’’ for ‘‘Educational use’’ to 

read as follows; 

b. Remove the entry for ‘‘Scientific or 

exhibition’’ under ‘‘Eagle permits;’’ 

c. Add two entries in numerical order 

by section number under ‘‘Eagle 

permits’’ for ‘‘Eagle scientific purpose’’ 

and ‘‘Eagle educational use’’ to read as 

set forth below. 

§13.12 General information requirements 

on applications for permits. 

* * * * * 

(b) * * * 

Type of permit Section 

* * * * * 

Migratory bird permits: 

* * * * * 

Educational use 21. 32 

* * * * * 

Eagle permits: 

Eagle scientific purpose 22.21 

* * * * * 

Type of permit Section 

Eagle educational use 22.29 

* * * * * 

PART 21—MIGRATORY BIRD PERMITS 

6. The authority citation for part 21 

continues to read as follows: 

Authority: Migratory Bird Treaty Act, 40 

Stat. 755 (16 U.S.C. 703); Public Law 95–616, 

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

106–108, 113 Stat. 1491, Note Following 16 

U.S.C 703. 

Subpart A—INTRODUCTION 

7. Amend § 21.2 by revising 

paragraph (b) to read as follows: 

§ 21.2 Scope of regulations. 

* * * * * 

(b) This part, except for § 21.12(a), 

(b)(3), and (c) (general permit 

exceptions); § 21.22 (banding or 

marking); § 21.29 (Federal falconry 

standards); § 21.31 (rehabilitation); and 

§ 21.32 (educational use), does not 

apply to the bald eagle (Haliaeetus 

leucocephalus) or the golden eagle 

(Aquila chrysaetos), for which 

regulations are provided in part 22 of 

this subchapter. 

* * * * * 

8. Amend § 21.3 by revising the 

introductory text and adding the 

definitions ‘‘Nonreleasable bird’’, ‘‘Open 

to the general public’’, ‘‘Public 

institution’’, ‘‘Public museum’’, and 

‘‘Public zoological park’’ in alphabetical 

order to read as follows: 

§ 21.3 Definitions. 

The following definitions are in 

addition to those contained in part 10 of 

this chapter, and, unless the context of 

a section provides otherwise, apply 

within this part: 

* * * * * 

Nonreleasable bird means a migratory 

bird that has sustained injuries that will 

likely prevent it from surviving in the 

wild even after medical treatment and/ 

or rehabilitation, or a migratory bird that 

has been imprinted or habituated to 

human presence and has lost instincts 

necessary to survive in the wild. 

Open to the general public means 

available to the general public and not 

restricted to any individual or set of 

individuals, whether or not a fee is 

charged. 

* * * * * 

Public institution means a public 

museum; public zoological park; or a 

facility that is open to the general 

public, provides education through 

exhibits or regular programs, and is 

maintained and/or operated by a 

Federal, State, tribal, or local 

government agency, such as a State 


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university, municipal zoo, or countyrun nature center. 

Public museum means a facility 

accredited by the American Association 

of Museums that houses collections of 

objects and artifacts of cultural or 

scientific interest for purposes of 

scientific research or public exhibition, 

and which is open to the general public 

at least 400 hours per year on a schedule 

of regular, publicized hours. 

Public zoological park means a 

facility that is either accredited or 

certified as a Related Facility by the 

Association of Zoos and Aquariums. 

The facility must contain permanent 

collections of live animals, and must 

either be open to the general public on 

a regular basis at least 400 hours per 

year, or must conduct at least 12 

educational programs each year about 

ecology and wildlife conservation that 

are open to the general public. 

* * * * * 

Subpart B—General Requirements and 

Exceptions 

9. Amend § 21.12 as follows: 

a. By revising the introductory text 

and paragraph (a), the introductory text 

of paragraph (b), and paragraph (b)(1) as 

set forth below; 

b. By redesignating paragraph (b)(2) as 

paragraph (b)(3); 

c. By adding a new paragraph (b)(2) to 

read as set forth below; and 

d. By adding a new paragraph (e) to 

read as set forth below. 

§ 21.12 General exceptions to permit 

requirements. 

The following exceptions to the 

permit requirements of § 21.11 are 

authorized: 

(a) Law Enforcement personnel of the 

Department of the Interior (DOI), tribes, 

and States: If authorized to enforce the 

provisions of the Migratory Bird Treaty 

Act, DOI employees and commissioned 

law enforcement officers of State 

agencies (including the District of 

Columbia, and the territories of the 

United States) and tribal agencies, may, 

without a permit, take or otherwise 

acquire, hold in custody, transport, or 

dispose of migratory birds (alive or 

dead, including parts, nests, and eggs) 

as necessary in performing official 

duties. 

(b) Employees and agents of Federal, 

State, tribal, and local agencies: 

(1) Any employee or agent of the 

Service, any other Federal land 

management agency, the U.S. Geological 

Survey, the National Marine Fisheries 

Service, or a State, tribal, or local 

natural resource agency, who is 

designated by his or her agency for such 

purposes may, in the course of official 

duties, take and possess migratory birds 

from the wild without a permit if such 

action is necessary to aid sick, injured, 

or orphaned birds; dispose of dead birds 

or eggs; or salvage and possess bird 

specimens, parts, nests, or eggs for 

scientific purposes. This exemption to 

salvage migratory birds does not apply 

to carcasses for which there is 

reasonable evidence to indicate the bird 

was killed as the result of criminal 

activity, including, but not limited to, 

unauthorized shooting, electrocution, or 

collision with wind turbines. 

(2) Any person on a vessel who 

provides observer services required by 

the National Marine Fisheries Service 

(NMFS) under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act of 

1976 (16 U.S.C. 1801 et seq.); the Marine 

Mammal Protection Act of 1972 (16 

U.S.C. 1361 et seq.); the Atlantic Tunas 

Convention Act of 1975 (ATCA; 16 

U.S.C. 971 et seq.); the South Pacific 

Tuna Act of 1988 (16 U.S.C. 973 et seq.); 

and/or the Endangered Species Act of 

1973 (16 U.S.C. 1531 et seq.), and who 

is either employed by NMFS, employed 

by a NMFS-approved observer service 

provider, or certified by NMFS and 

employed directly by a fishery 

participant, may, without a permit, 

possess and transport dead migratory 

birds or parts found during the 

performance of their official duties as 

observers, including the proper 

disposition of such birds or parts, 

provided that: 

(i) Possession and transportation of 

such migratory birds or parts is for 

identification purposes or disposition 

with the Service or NMFS; and 

(ii) The observer submits species 

samples and identification along with 

any other required data to the 

appropriate NMFS observer program. 

* * * * * 

(e) Public and educational 

institutions: 

(1) Public institutions, and accredited 

public and private schools (elementary 

through postgraduate) may possess 

nonliving migratory bird specimens, 

except those of bald eagles and golden 

eagles, including nonviable eggs, parts, 

and nests, for scientific or conservation 

educational purposes without a permit. 

Employees or agents of such institutions 

and schools may salvage nonliving 

migratory bird specimens, except bald 

eagles and golden eagles, provided the 

specimens will be used for the 

conservation education purposes of the 

institution or school, and provided that: 

(i) The institutions and schools 

dispose of and acquire such specimens, 

by donation only, to and from one 

another; to and from Federal, State, or 

tribal officials authorized to place such 

specimens; and to and from holders of 

valid permits authorizing possession of 

them. 

(ii) The institutions may acquire 

nonliving migratory bird specimens, 

except bald eagles and golden eagles, 

from persons who do not have permits 

to collect or possess the specimens but 

who salvaged them. For such one-time 

salvage activity, the individual will be 

exempt from the permit requirement for 

collection and possession, provided the 

specimen is promptly donated to an 

exempt or permitted entity for scientific 

or educational purposes. 

(iii) The institutions keep accurate 

and complete records of all migratory 

bird specimens in their possession and 

their source, including the name and 

address of all donors and transferees, for 

5 calendar years following the end of 

the calendar year covered by the 

records. 

(2) Accredited institutional members 

of the American Zoo and Aquarium 

Association do not need a permit to 

possess live, nonreleasable or captivebred migratory birds, including captivebred eggs, for use in education, research, 

or propagation. Accredited AZA 

institutions may acquire such birds or 

eggs from or transfer such birds or eggs 

to other accredited institutional 

members of the American Zoo and 

Aquarium Association (AZA) by 

donation, sale, purchase, or barter solely 

for use in education, research, or 

propagation. Accredited AZA 

institutions may, by donation only, 

transfer birds to Federal and State 

officials authorized to place such birds, 

or anyone with a valid Federal permit 

to possess such birds. All birds 

possessed under this permit exemption 

must be housed and cared for in 

accordance with the husbandry 

requirements set forth in § 21.32(b) of 

this Subchapter. Nothing in this section 

authorizes such institutions to take live 

migratory birds, parts, nests, or eggs 

from the wild. 

(3) Entities that hold live migratory 

birds and/or nonliving migratory bird 

specimens and that were previously 

exempt from the permit requirement 

before [insert date 30 days after the date 

of the final rule’s publication in the 

Federal Register], and which are no 

longer exempt may retain any migratory 

birds, live or dead, already in their 

possession on [insert date 30 days after 

the date of the final rule’s publication 

in the Federal Register] without a 

permit. Live birds must be held under 

the husbandry standards of 

21.32(b)(1)(i) through (vii) and 

21.32(b)(2). A permit is required to 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Proposed Rules 57421 

acquire and possess any additional live 

migratory bird, including progeny, or 

migratory bird specimen after that date 

or to sell or otherwise transfer any 

lawfully possessed migratory bird 

without first obtaining a permit under 

this part. 

* * * * * 

Subpart C—Specific Permit Provisions 

10. Amend § 21.31 as follows: 

a. By revising paragraphs (a), (b)(1)(i), 

and (e)(1)(v) as set forth below; 

b. By adding a new sentence 

immediately after the first sentence of 

paragraph (e)(4)(ii) as set forth below; 

and 

c. By adding a new sentence 

immediately after the first sentence of 

paragraph (e)(4)(v) to read as set forth 

below. 

§ 21.31 Rehabilitation permits. 

(a) What is the permit requirement? 

Except as provided in § 21.12, a 

rehabilitation permit is required to take, 

possess, or transport a migratory bird for 

rehabilitation purposes. However, any 

person who finds a sick, injured, or 

orphaned migratory bird may, without a 

permit, take possession of the bird in 

order to immediately transport it to a 

permitted rehabilitator. 

(b) * * * 

(1) * * * 

(i) Take from the wild or receive from 

another person sick, injured, or 

orphaned migratory birds and to possess 

them and provide rehabilitative care for 

them for up to 180 days, and for over 

180 days for foster parenting purposes, 

with authorization from the regional 

migratory bird permit office. 

* * * * * 

(e) * * * 

(1) * * * 

(v) Birds must be housed only with 

compatible migratory bird species, and 

only with other birds held for 

rehabilitation purposes, except that, for 

foster parenting purposes, juveniles and 

orphaned birds may be housed with 

birds held under another type of permit, 

provided that the fostering bird 

continues to be used according to the 

purposes and conditions of the permit 

under which it is held. 

* * * * * 

(4) * * * 

(ii) * * * Prior to transferring a live 

bird, you must submit a FWS Form 3– 

202–12 to your migratory bird permit 

issuing office and receive authorization 

for the transfer. * * * 

* * * * * 

(v) * * * With such approval, you may 

retain a nonreleasable bird under your 

rehabilitation permit on a continuing 

basis for foster parenting purposes. 

* * * * * 

11. Add a new § 21.32 to subpart C 

to read as follows: 

§ 21.32 Educational-use permits. 

(a) Purpose and scope. 

(1) The migratory bird educationaluse permit authorizes possession of 

migratory birds for use in public 

educational programs and exhibits in 

which migratory bird conservation, 

natural history, biology, and/or ecology 

is a primary component of the program 

or exhibit. The permit may authorize 

possession of live nonreleasable or 

captive-bred birds, nonliving 

specimens, or both. The permit may also 

authorize salvage of nonliving migratory 

bird specimens for educational use. 

(2) All live birds you hold under this 

permit must be nonreleasable or 

captive-bred individuals of a species 

your permit authorizes you to possess. 

You may not possess more birds than is 

specified on the face of your permit. 

(b) Husbandry requirements for 

keeping live birds for educational use. 

(1) Caging requirements. 

(i) Cages must allow sufficient 

movement to accommodate feeding, 

roosting, and maintenance behaviors 

without harm to the bird or damage to 

its feathers. The approximate cage size 

will vary with the size of your bird, 

whether it is flighted (capable of flying) 

or nonflighted (incapable of flying), the 

number of birds occupying the cage, and 

the traits of the particular species. 

(ii) The design of your caging must 

take into account the natural history of 

the species you are housing, as well as 

the special needs of individual birds. 

(iii) The caging must be made of a 

material that will not entangle or cause 

injury to the type of bird that will be 

housed within. The floors must not be 

abrasive to the birds’ feet. 

(iv) Cages must be secure and provide 

protection from predators, domestic 

animals, undue noise, human 

disturbance, sun, wind, and inclement 

weather. 

(v) Cages must be well-drained and 

kept clean. 

(vi) You must provide adequate 

numbers of appropriately-sized perches 

for birds under your care. 

(vii) You may house birds only with 

nonaggressive individuals of compatible 

species. 

(viii) Cages for all birds except raptors 

must approximate the dimensions and 

design recommended by the National 

Wildlife Rehabilitators Association’s 

Wildlife in Education: A Guide for the 

Care and Use of Program Animals 

(2004), except for variations that are 

reasonable and necessary to 

accommodate particular circumstances 

and are approved by your regional 

migratory bird permit office based on a 

showing by you that the variance will 

not adversely affect migratory birds. 

(ix) Cages for raptors must 

approximate the dimensions and design 

recommended by the University of 

Minnesota Raptor Center’s Raptors in 

Captivity: Guidelines for Care and 

Management (2007), except for 

variations that are reasonable and 

necessary to accommodate particular 

circumstances, and are approved by the 

regional migratory bird permit office 

based on a showing by you that the 

variance will not adversely affect 

migratory birds. 

(x) Recommended cage dimensions 

for program raptors are shown in the 

following table: 

Species Length 

feet (meters) 

Width 

feet (meters) 

Height 

feet (meters) 

Sharp-shinned hawk 

American kestrel 

Merlin 

Boreal owl 

Burrowing owl 

Eastern screech owl 

Northern saw-whet owl 

Pygmy owl 

Western screech owl 

Fully flighted 

Nonflighted or tethered 

5 (1.5) 

3 (0.9) 

5 (1.5) 

3 (0.9) 

7 (2.1) 

3 (0.9) 


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Species Length 

feet (meters) 

Width 

feet (meters) 

Height 

feet (meters) 

Cooper’s hawk 

Northern goshawk 

Northern harrier 

Fully flighted or display only 

Nonflighted or tethered 

14 (4.3) 

6 (1.8) 

6 (1.8) 

6 (1.8) 

7 (2.1) 

7 (2.1) 

Broad-winged hawk 

Mississippi kite 

Peregrine falcon 

Prairie falcon 

Common barn owl 

Long-eared owl 

Short-eared owl 

Fully flighted 

Nonflighted or tethered 

10 (3.0) 

6 (1.8) 

8 (2.4) 

6 (1.8) 

7 (2.1) 

7 (2.1) 

Ferruginous hawk 

Harris’s hawk 

Red-shouldered hawk 

Red-tailed hawk 

Rough-legged hawk 

Swainson’s hawk 

Swallow-tailed kite 

Crested caracara 

Barred owl 

Great grey owl 

Great horned owl 

Snowy owl 

Fully flighted 

Nonflighted or tethered 

12 (3.6) 

8 (2.4) 

8 (2.4) 

8 (2.4) 

7 (2.1) 

7 (2.1) 

Osprey 

Bald Eagle 

Golden Eagle 

Black vulture 

Turkey vulture 

Fully flighted (display only) 

Nonflighted, tethered, or fully flighted 

free-lofted program bird 

40 (12.2) 

12 (3.6) 

10 (3.0) 

10 (3.0) 

9 (2.7) 

9 (2.7) 

(xi) If your facilities have already been 

approved by the Service on the basis of 

photographs and diagrams, and 

authorized under a § 21.27 Special 

Purpose-Education permit or § 22.21 

Eagle Exhibition permit, then they are 

authorized under your new permit 

issued under this section, unless those 

facilities have materially diminished in 

size or quality from what was 

authorized when you last renewed your 

permit, or unless you wish to expand 

the authorizations granted by your 

permit (e.g., the number or types of 

birds you hold). 

(2) Dietary requirements. You must 

feed birds held under this permit a diet 

that imitates its natural diet as closely 

as possible. This requirement includes 

providing the type, as well as the 

variety, of foods they are likely to 

naturally consume in the wild. We will 

use the dietary recommendations 

provided in the publications designated 

in paragraphs (b)(1)(viii) and (b)(1)(ix) of 

this section to evaluate whether birds 

are fed appropriately. 

(c) What additional conditions apply 

to educational use permits? In addition 

to the husbandry requirements of 

paragraph (b) of this section and the 

conditions set forth in part 13 of this 

subchapter, which govern permit 

renewal, amendment, transfer, 

suspension, revocation, and other 

procedures and requirements for all 

permits issued by the Service, your 

authorization is subject to the following 

additional conditions: 

(1) You must present a minimum of 

12 programs that are open to the general 

public each year with each bird or 

specimen held under the permit; or if 

your facility is open to the public and 

the birds and/or specimens are 

displayed, but not used in programs, 

your facility must be open to the public 

at least 400 hours per year according to 

a regular, publicized schedule. Live 

birds that have become unsuitable for 

educational use due to age or infirmity 

may be exempted from the 12-program 

requirement with authorization from the 

migratory bird permit issuing office. 

(2) All live birds held under this 

permit must be nonreleasable or 

captive-bred. 

(3) You may transfer birds and 

specimens to other permittees 

authorized to receive them and acquire 

birds and specimens from permittees 

authorized to possess and transfer them, 

provided the number and species of 

birds held by each permittee are 

consistent with the authorizations 

provided by his or her permit, and the 

transfer is in accordance with the 

following conditions: 

(i) Prior to acquiring or transferring a 

live bird, you must submit a FWS Form 

3–202–12 to your migratory bird permit 

issuing office and receive authorization 

for the transfer. 

(ii) You may transfer live birds and 

nonliving specimens held under your 

permit only by donation, except that 

you may purchase and sell the following 

categories of live birds: captive-bred 

migratory raptors marked with a 

seamless metal band provided by the 

Service; captive-bred waterfowl marked 

in accordance with 50 CFR 21.13(b); and 

captive-bred game birds marked in 

accordance with 50 CFR 21.13(b). You 

are authorized to sell, purchase, or 

barter such birds to and from other 

permittees who are authorized to 

purchase, sell or barter them. 

(iii) You may acquire nonliving 

migratory bird specimens, except eagles, 

from and transfer such specimens to 

exempt public institutions and 

accredited schools, by donation only. 

Transfer of live eagles and nonliving 

eagle specimens must be in accordance 

with the provisions of 50 CFR 22.29. 

(4) You may not propagate birds held 

under this permit. 

(5) You may not acquire or possess 

any bird that has sustained injuries 

requiring amputation of a wing at the 

elbow (humero-ulnar joint) or above, a 

leg or a foot, and/or is blind, unless: 

(i) A licensed veterinarian submits a 

written analysis of why the bird is not 

expected to experience the injuries and/ 

or ailments that typically occur in birds 


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with these injuries and a commitment 

(from the veterinarian) to provide 

medical care for the bird for the 

duration of its life, including complete 

examinations at least once a year; and 

(ii) The issuing office specifically 

authorizes you to possess the bird for 

educational use. 

(6) You must report the death or 

escape of any bird to your migratory 

bird permit issuing office within 5 

business days by submitting a 

completed FWS Form 3–202–12. 

(7) You may not release any live, 

captive-bred bird to the wild. 

(8) You may donate the carcass or 

individual parts and feathers of a bird 

that dies to persons authorized by 

permit or regulation to possess them or, 

if your permit authorizes possession of 

nonliving specimens, you may retain 

them for educational purposes. 

Specimens not retained by you or 

donated must be promptly incinerated 

or buried. 

(9) You may retain molted feathers 

needed for imping purposes. If your 

permit authorizes possession of 

nonliving specimens, you may retain 

additional molted feathers for 

educational and scientific use, except 

for bald and golden eagle feathers (see 

50 CFR 22.29). Except for eagle feathers, 

you may donate molted feathers to 

persons authorized by permit or 

regulation to possess such items without 

authorization from the Service. 

(10) You may allow photography, 

filming, or other such uses of the birds 

held under your permit for the purpose 

of providing public education about 

migratory bird conservation, biology, or 

ecology. You may not exhibit the birds 

held under this permit in any manner 

that implies personal use or promotion 

or endorsement of any product, 

merchandise, goods, services, business, 

or organization except your own 

educational activities. 

(11) Whenever you exhibit the birds 

held under this permit, you must 

include either a written or verbal 

statement that your possession and 

exhibition of the bird is by permission 

of the U.S. Fish and Wildlife Service. 

(12) Your subpermittees must be at 

least 18 years of age and be designated 

as subpermittees in your records. All 

staff or volunteers who handle the birds 

held under your permit must be 

subpermittees, or must be directly 

supervised by you or a subpermittee 

when handling the bird(s). You are 

legally responsible for ensuring that 

your subpermittees, staff, and 

volunteers adhere to the terms of your 

permit. 

(13) Suitable birds held under this 

permit may be used for foster parenting 

of birds held under a rehabilitation 

permit, as long as the fostering birds 

continue to be used for the required 12 

programs per year. 

(14) If your permit authorizes salvage, 

you may salvage and possess carcasses, 

feathers, and parts, unoccupied nests, 

and nonviable eggs of migratory birds, 

except for bald eagles and golden eagles. 

(i) You may not salvage, and should 

immediately report to U.S. Fish and 

Wildlife Service Law Enforcement, any 

live or dead birds that appear to have 

been poisoned, shot, or injured as the 

result of criminal activity. 

(ii) You may not salvage specimens on 

lands managed by Federal, State, tribal 

or local agencies without prior written 

authorization from the applicable 

agency, unless the agency’s policies or 

regulations allow salvage of specimens. 

(iii) You may not salvage specimens 

on private property without prior 

written permission or permits from the 

landowner or the landowner’s 

custodian. 

(iv) If you encounter a bird with a 

Federal band issued by the U.S. 

Geological Survey, Bird Banding 

Laboratory, report the band number to 

1–800–327–BAND or 

www.reportband.gov. 

(15) You must maintain records of 

live birds and nonliving specimens in 

your possession; the dates you acquired, 

transferred, or disposed of them; the 

programs in which they were used or, 

if the birds are displayed in their daily 

enclosures, the days your facility was 

open to the public. 

(16) You must submit an annual 

report for the preceding calendar year to 

your migratory bird permit issuing 

office by the date required on your 

permit. You may complete FWS Form 

3–202–5 or a report from a database you 

maintain, provided your report contains 

all, and only, the information required 

by FWS Form 3–202–5. 

(17) Acceptance of this permit 

authorizes inspection of your records 

and facilities in accordance with 50 CFR 

13.47. 

(d) Application procedures. Apply for 

a migratory bird educational-use permit 

to the appropriate Regional Director – 

Attention Migratory Bird Permit Office. 

You can find addresses for the 

appropriate Regional Director in § 2.2 of 

subchapter A of this chapter. Your 

application package must consist of the 

following: 

(1) A completed application, 

including any required attachments. Use 

FWS Form 3–200–10c for live birds of 

species other than eagles, FWS Form 3– 

200–10d for nonliving specimens of 

species other than eagles, and FWS 

Form 3–200–14 for eagles and eagle 

specimens. 

(2) A check or money order made 

payable to the ‘‘U. S. Fish and Wildlife 

Service’’ in the amount of the 

application fee listed on the application 

form and in § 13.11 of this chapter. 

(e) Issuance criteria. 

(1) For possession of nonliving 

migratory bird specimens, we may issue 

a permit to you if your presentations or 

facilities will be open to the public and 

include, as a primary component, 

education about migratory bird 

conservation, natural history, biology, 

and/or ecology. 

(2) For possession of live migratory 

birds, we will consider the criteria in 

paragraph (e)(1) and whether you have 

adequate experience caring for and 

working with migratory birds and 

adequate facilities for them. 

(i) In evaluating an applicant’s 

experience handling raptors and 

corvids, the Service will use the criteria 

in the following table as guidance. 

Although hands-on experience with the 

species for which the applicant is 

applying is most valuable, hands-on 

experience with any species in a 

category will help qualify an applicant 

or permittee for other species in that 

category. 

Species Static Display On-the-Glove Flight Demonstration 

Category 1 

Harris’s hawk 

American kestrel 

Eastern screech owl 

Northern saw-whet owl 

Western screech owl 

100 hours over at least 1 year, 

including husbandry and a minimum 

of 20 hours of conducting 

educational programs. 

140 hours over at least 1 year, 

including husbandry and a minimum 

of 40 hours conducting educational 

programs on the glove. 

300 hours over at least 1 year, 

including husbandry and a 

minimum of 80 hours of educational 

programs and 50 hours of 

free-flying under supervision of an 

experienced permittee. 


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Species Static Display On-the-Glove Flight Demonstration 

Category 2 

Broad-winged hawk 

Mississippi kite 

Red-shouldered hawk 

Red-tailed hawk 

Rough-legged hawk 

Swallow-tailed kite 

Barred owl 

Boreal owl 

Burrowing owl 

Common barn owl 

Great horned owl 

Corvids 

160 hours over at least 1 year, 

including husbandry and a minimum 

of 40 hours of conducting 

educational programs. At least 

half the time requirement should 

be with birds in this category. 

200 hours over at least 1 year, 

including husbandry and a minimum 

educational programs of 60 hours 

conducting on the glove. At least 

half the timerequirement should be 

with birds in this category. 

500 hours over at least 1 year, 

including husbandry and a minimum 

of 100 hours of educational 

programs and 50 hours of 

free-flying under supervision 

of an experienced permittee. At 

least half the time requirement 

should be with birds in this 

category. 

Category 3 

Northern harrier 

Swainson’s hawk 

Merlin 

Peregrine falcon 

Prairie falcon 

Great grey owl 

Long-eared owl 

Pygmy owl 

Short-eared owl 

Black vulture 

Turkey vulture 

200 hours over at least 1 year, 

including husbandry and a minimum 

of 60 hours of conducting 

educationalprograms. At least 

half the timerequirement should 

be with birdsin this category. 

240 hours over at least 1 year, 

including husbandry and a minimum 

of 80 hours conducting 

educational programs on the 

glove. At least half the time 

requirement should be with 

birds in this category. 

700 hours over at least 2 years, 

including husbandry and a minimum 

of 160 hours of educational 

programs (80 with birds in 

programs this category), and 

50 hours of free-flying birds 

in this category under 

supervision of an experienced 

permittee. 

Category 4 

Osprey 

Bald eagle 

Cooper’s hawk 

Ferruginous hawk 

Golden eagle 

Northern goshawk 

Sharp-shinned hawk 

Crested caracara 

Snowy owl 

300 hours over at least 1 year, 

including husbandry and a minimum 

of 80 hours of conducting 

educational programs. At least 

half the time requirement should 

be with the particular species. 

500 hours over at least 1 year, 

including husbandry and a minimum 

of 100 hours conducting 

educational programs on 

the glove. At least half 

the time requirement must 

be with the particular species. 

1000 hours over at least 2 years, 

including husbandry and a minimum 

of 200 hours of educational 

programs (100 hours with birds 

in this category), and 50 hours 

of free-flying the particular 

species under the supervision 

of an experienced permittee. 

(ii) For applications to possess 

migratory birds other than raptors and 

corvids for static display, we will 

evaluate your experience based on the 

Static Display criteria for Category 1 in 

the table in paragraph (e)(2)(i) of this 

section. For applications to use such 

birds for program use, we will use the 

recommendations of National Wildlife 

Rehabilitators Association’s Wildlife in 

Education: A Guide for the Care and 

Use of Program Animals (2004) to 

determine the suitability of the species 

for educational program use and the 

level of experience required. 

(iii) Your facilities must properly 

house the species of migratory birds that 

you are applying to hold. Enclosure 

dimensions and design must meet the 

husbandry standards set forth in 

paragraph (b)(1) of this section. 

(iv) We will determine the migratory 

bird species and the number of birds 

you are authorized to hold under your 

permit, based on your experience, 

facilities, and the nature of the 

educational programs you intend to 

present. 

(f) State and tribal authorization. If 

your State or tribe requires a license or 

permit to hold migratory birds for 

education, your Federal permit is not 

valid unless you possess and adhere to 

the terms of the State, tribal, or 

territorial authorization. 

(g) Permit tenure. The tenure of each 

educational use permit is specified on 

the face of the permit, and in no case 

will be longer than 5 years. 

PART 22 - EAGLE PERMITS 

12. 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. 

13. Amend § 22.2 by revising the 

section heading and paragraph (a)(2) to 

read as follows: 

§ 22.2 To what activities does this part 

apply? 

(a) * * * 

(2) You may not transport into or out 

of the United States, import, export, 

purchase, sell, trade, barter, or offer for 

purchase, sale, trade, or barter bald 

eagles or golden eagles, or their parts, 

nests, or eggs of these lawfully-acquired 

pre-act birds. However, you may 

transport into or out of the United States 

any lawfully acquired, nonliving bald 

eagle or golden eagle specimens if you 

acquire a permit issued under §§ 22.21, 

22.22, or 22.29 of this part and obtain 

the CITES export authorization through 

the procedures set forth under §§ 22.21, 

22.22, and 22.29. 

* * * * * 

14. Amend § 22.3 by revising the 

section heading and the introductory 

text and by adding the definitions 

‘‘Nonreleasable eagle’’, ‘‘Open to the 

general public’’, ‘‘Public museum’’, 

‘‘Public scientific society’’, and ‘‘Public 

zoological park’’ in alphabetical order to 

read as follows: 

§ 22.3 What definitions do you need to 

know? 

The following definitions are in 

addition to those contained in part 10 of 

this chapter, and, unless the context of 

a section provides otherwise, are used 

for purposes of this part. 

* * * * * 

Nonreleasable eagle means a bald or 

golden eagle that has sustained injuries 

that will likely prevent it from surviving 

in the wild even after medical treatment 

and/or rehabilitation, or a bald or 

golden eagle that has been imprinted or 

habituated to human presence and has 


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lost instincts necessary to survive in the 

wild. 

Open to the general public means 

available to the general public and not 

restricted to any individual or set of 

individuals, whether or not a fee is 

charged. 

* * * * * 

Public museum means a facility 

accredited by the American Association 

of Museums that houses collections of 

objects and artifacts of cultural or 

scientific interest for scientific research 

or public exhibition, and which is open 

to the general public at least 400 hours 

per year on a schedule of regular, 

publicized hours. 

Public scientific society means an 

entity that conducts research in the field 

of wildlife conservation, ecology, 

ornithology, or other natural science, 

and makes the findings of such research 

available to the public; or promotes 

public knowledge about science, 

biology, ecology, and/or wildlife 

conservation and either is open to the 

general public on a regular basis at least 

400 hours per year or conducts at least 

12 educational programs per year that 

are open to the general public. 

Public zoological park means a 

facility that is either accredited or 

certified as a Related Facility by the 

Association of Zoos and Aquariums. 

The facility must contain permanent 

collections of live animals, and must 

either be open to the general public on 

a regular basis at least 400 hours per 

year, or must conduct at least 12 

educational programs each year about 

ecology and wildlife conservation that 

are open to the general public. 

* * * * * 

Subpart C – Eagle Permits 

15. Revise § 22.21 to read as follows: 

§ 22.21 What are the requirements 

concerning scientific-purpose permits? 

We may, under the provisions of this 

section, issue a permit authorizing the 

taking, possession, transportation 

within the United States, or 

transportation into or out of the United 

States of lawfully possessed bald eagles 

or golden eagles, or their parts, nests, or 

eggs for the scientific purposes of public 

museums, public scientific societies, or 

public zoological parks. We will not 

issue a permit under this section that 

authorizes the transportation into or out 

of the United States of any live bald or 

golden eagles, or any viable eggs of 

these birds. 

(a) How do I apply if I want a permit 

for scientific purposes? (1) You must 

submit applications for permits to take, 

possess, or transport within the United 

States lawfully acquired live or dead 

bald or golden eagles, or their parts, 

nests, or eggs for scientific purposes to 

the appropriate Regional Director – 

Attention: Migratory Bird Permit Office. 

You can find addresses for the Regional 

Directors in 50 CFR 2.2. 

(2) If you want a permit to transport 

into or out of the United States any 

lawfully acquired dead bald or golden 

eagles or their parts, nests, or nonviable 

eggs for scientific purposes, you must 

submit your application to the Division 

of Management Authority. Your 

application must contain all the 

information necessary for the issuance 

of a CITES permit. You must also 

comply with all the requirements in part 

23 of this subchapter before 

international travel. Mail should be 

addressed to: Division of Management 

Authority, U.S. Fish and Wildlife 

Service, 4401 N. Fairfax Drive, Room 

212, Arlington, VA, 22203-1610. 

(3) Your application for any permit 

under this section must also contain the 

information required under this section, 

§ 13.12(a) of this subchapter, and the 

following information: 

(i) Species of eagle and number of 

such birds, nests, or eggs proposed to be 

taken, possessed, or transported; 

(ii) Specific locality in which taking is 

proposed, if any; 

(iii) Method of taking proposed, if 

any; 

(iv) If not taken, the source of eagles 

and other circumstances surrounding 

the proposed acquisition or 

transportation; 

(v) Name and address of the public 

museum, public scientific societies, or 

public zoological park for which they 

are intended; and 

(vi) Complete explanation and 

justification of request, nature of project 

or study, and other appropriate 

explanations. 

(b) What are the conditions? In 

addition to the general conditions in 

part 13 of this subchapter B, permits to 

take, possess, transport within the 

United States, or transport into or out of 

the United States bald or golden eagles, 

or their parts, nests, or eggs for scientific 

purposes, are also subject to the 

following condition: In addition to any 

reporting requirement specifically noted 

in the permit, you must submit a report 

of activities conducted under the permit 

to the Regional Director - Attention: 

Migratory Bird Permit Office, within 30 

days after the permit expires. 

(c) How do we evaluate your 

application for a permit? We will 

conduct an investigation and will issue 

a permit to take, possess, transport 

within the United States, or transport 

into or out of the United States bald or 

golden eagles, or their parts, nests, or 

eggs for scientific purposes only when 

we determine that the taking, 

possession, or transportation is 

compatible with the preservation of the 

bald eagle and golden eagle. In making 

this determination, we will consider, 

among other criteria, the following: 

(1) The direct or indirect effect that 

issuing such permit would be likely to 

have upon the wild populations of bald 

and golden eagles; 

(2) Whether the expertise, facilities, or 

other resources available to the 

applicant appear adequate to 

successfully accomplish the objectives 

stated in the application; 

(3) Whether the justification of the 

purpose for which the permit is being 

requested is adequate to justify the 

removal of the eagle from the wild or 

otherwise change its status; and 

(4) Whether the applicant has 

demonstrated that the permit is being 

requested for bona fide scientific 

purposes of a public museum, public 

scientific society, or public zoological 

park. 

(d) Tenure of permits. The tenure of 

permits to take bald or golden eagles for 

scientific purposes will be that shown 

on the face of the permit. 

16. Add a new § 22.29 to subpart C 

to read as follows: 

§ 22.29 Permits for possession and 

educational use of eagles. 

(a) Purpose and scope. The eagle 

educational-use permit authorizes 

possession of nonreleasable bald eagles 

and/or golden eagles for use in public 

educational programs and exhibits in 

which eagle conservation, natural 

history, biology, or ecology is a primary 

component of the program or exhibit. 

(b) Conditions and provisions. Except 

as provided in this part and in § 21.32 

of this subchapter (migratory bird 

educational-use permits), all of the 

provisions of § 21.32 apply to eagle 

educational-use permits. 

(1) We may issue eagle educationaluse permits only to public museums, 

public scientific societies, and public 

zoological parks. Permittees must either 

have facilities that are open to the 

general public according to a schedule 

of regular, publicized hours amounting 

to at least 400 hours per year, or must 

conduct at least 12 educational 

programs per year that are open to the 

general public or presented at an 

accredited school. 

(2) You may not allow physical 

contact between a live eagle held under 

this permit and the public. 

(3) Live eagles possessed under this 

permit must be nonreleasable. 

(4) Except for specimens that are in 

poor condition or are otherwise deemed 


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unacceptable for distribution by the 

National Eagle Repository, or those that 

the National Eagle Repository does not 

typically distribute to Native Americans 

for religious ceremonial purposes (such 

as some skeletal parts), all nonliving 

eagle specimens possessed under this 

permit must have been lawfully 

acquired before March 30, 1994. The 

Regional Director for the Region where 

the applicant resides may authorize 

exceptions on a case-by-case basis for 

important resource needs with 

compelling justification. 

(5) Prior to acquiring or transferring 

any eagle or specimen thereof, you must 

submit a FWS Form 3–202–12 to your 

migratory bird permit issuing office and 

receive authorization from the office for 

the transfer. 

(6) To transport nonliving eagle 

specimens out of or into the United 

States for educational purposes, you 

must submit your application for a 

transport permit to the Division of 

Management Authority. Your 

application must contain all the 

information necessary for the issuance 

of a CITES permit. You must also 

comply with all the requirements in part 

23 of this subchapter before undertaking 

international travel. Mail should be 

addressed to the Division of 

Management Authority, U.S. Fish and 

Wildlife Service, 4401 North Fairfax 

Drive, Room 212, Arlington, VA 22203– 

1610. 

(i) Eagle specimens may be 

transported out of or into the United 

States on a temporary basis only. You 

must return the permitted specimens to 

the originating country within the 

timeframe specified on the face of the 

permit, not to exceed 3 years. 

(ii) We will not issue a permit under 

this section that authorizes the 

transportation out of or into the United 

States of any live bald eagle or golden 

eagle or viable egg of these species. 

(7) You must send all bald eagle and 

golden eagle carcasses of eagles that die 

in your possession, and all molted eagle 

primary and secondary feathers and 

retrices (tail feathers) not needed for 

imping (replacing a damaged feather 

with a molted feather) to the U. S. Fish 

and Wildlife Service, National Eagle 

Repository, Building 128, Rocky 

Mountain Arsenal, Commerce City, CO 

80022. You can contact the Repository 

at 303–287–2110. 

(8) You must submit an annual report 

for the preceding calendar year to your 

migratory bird permit issuing office by 

the date specified on your permit. You 

may complete FWS Form 3–202–13 or 

a report from a database you maintain, 

provided your report contains all, and 

only, the information required by FWS 

Form 3–202–13. 

Dated: July 1, 2010. 

Thomas L. Strickland, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2010–23342 Filed 9–20–10; 8:45 am] 

BILLING CODE 4310–55–S 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2010–0067; 

92220–1113–0000–C5] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To Reclassify the U.S. 

Breeding Population of Wood Storks 

From Endangered to Threatened 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 90-day petition 

finding and initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90-day finding on a petition to reclassify 

the United States (U.S.) breeding 

population of the wood stork (Mycteria 

americana) from endangered to 

threatened under the Endangered 

Species Act of 1973, as amended (Act). 

Based on our review, we find that the 

petition presents substantial scientific 

or commercial information indicating 

that reclassifying the U.S. breeding 

population of the wood stork to 

threatened may be warranted. Therefore, 

with the publication of this notice, we 

are initiating a review of the species’ 

status to determine if reclassification is 

warranted. To ensure that this status 

review is comprehensive, we are 

requesting scientific and commercial 

data and other information regarding the 

U.S. breeding population of this species. 

Based on the status review, we will 

issue a 12-month finding on the 

petition, which will address whether 

the petitioned action is warranted, as 

provided in section 4(b)(3)(B) of the Act. 

DATES: To allow us adequate time to 

conduct this review, we request that we 

receive information on or before 

November 22, 2010. After this date, you 

must submit information directly to the 

Jacksonville Ecological Services Field 

Office (see FOR FURTHER INFORMATION

CONTACT section below). Please note that 

if you are using the Federal 

eRulemaking Portal (SEE ADDRESSES

section, below), the deadline for 

submitting an electronic comment is 

Eastern Standard Time on this date. We 

may not be able to address or 

incorporate information that we receive 

after this date. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. In the Keyword 

box, enter Docket No FWS–R4–ES– 

2010–0067, which is the docket number 

for this action. Then, in the Search 

panel on the left side of the screen 

under the Document Type heading, 

click on the Proposed Rules link to 

locate this document. You may submit 

a comment by clicking on ‘‘Send a 

Comment or Submission.’’ 

• By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R4–ES–2010– 

0067; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, Suite 

222; Arlington, VA 22203. 

We will post all information received 

on http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see the Request for Information section 

below for more details). 

FOR FURTHER INFORMATION CONTACT: 

David L. Hankla, Field Supervisor, 

Jacksonville Ecological Services Field 

Office, 7915 Baymeadows Way, Suite 

200, Jacksonville, FL 32256, by 

telephone (904) 731–3336, or by 

facsimile (904) 731–3045. If you use a 

telecommunications device for the deaf 

(TDD), please call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Request for Information 

When we make a finding that a 

petition presents substantial 

information indicating that reclassifying 

a species may be warranted, we are 

required to promptly review the status 

of the species (status review). For the 

status review to be complete and based 

on the best available scientific and 

commercial information, we request 

information from governmental 

agencies, Native American Tribes, the 

scientific community, industry, and any 

other interested parties concerning the 

status of the U.S. breeding population of 

the wood stork and other populations of 

wood storks breeding in Central and 

South America. We seek information on: 

(1) The historical and current status 

and distribution of the wood stork, its 

biology and ecology, and ongoing 

conservation measures for the species 

and its habitat; 

(2) The five factors that are the basis 

for making a listing/delisting/ 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1