[Code of Federal Regulations]
[Title 50, Volume 5]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR21.41]
[Page 80]
TITLE 50--WILDLIFE AND FISHERIES
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR--(Continued)
PART 21_MIGRATORY BIRD PERMITS--Table of Contents
Subpart D_Control of Depredating Birds
Sec. 21.41 Depredation permits.
(a) Permit requirement. Except as provided in Sec. Sec. 21.42
through 21.46, a depredation permit is required before any person may
take, possess, or transport migratory birds for depredation control
purposes. No permit is required merely to scare or herd depredating
migratory birds other than endangered or threatened species or bald or
golden eagles.
(b) Application procedures. Submit application for depredation
permits to the appropriate Regional Director (Attention: Migratory bird
permit office). You can find addresses for the Regional Directors in 50
CFR 2.2. Each application must contain the general information and
certification required in Sec. 13.12(a) of this subchapter, and the
following additional information:
(1) A description of the area where depredations are occurring;
(2) The nature of the crops or other interests being injured;
(3) The extent of such injury; and
(4) The particular species of migratory birds committing the injury.
(c) Additional permit conditions. Inaddition to the general
conditions set forth in part 13 of this subchapter B, depredation
permits shall be subject to requires, in this section:
(1) Permittees may not kill migratory birds unless specifically
authorized on the permit.
(2) Unless otherwise specifically authorized, when permittees are
authorized to kill migratory birds they may do so only with a shotgun
not larger than No. 10 gauge fired from the shoulder, and only on or
over the threatened area or area described on the permit.
(3) Permittees may not use blinds, pits, or other means of
concealment, decoys, duck calls, or other devices to lure or entice
birds within gun range.
(4) All migratory birds killed shall be retrieved by the permittee
and turned over to a Bureau representative or his designee for
disposition to charitable or other worthy institutions for use as food,
or otherwise disposed of as provided by law.
(5) Only persons named on the permit are authorized to act as agents
of the permittee under authority of the permit.
(d) Tenure of permits. The tenure of depredation permits shall be
limited to the dates which appear on its face, but in no case shall be
longer than one year.
[39 FR 1178, Jan. 4, 1974, as amended at 42 FR 17122, Mar. 31, 1977; 63
FR 52637, Oct. 1, 1998]
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