Idaho, Montana, Nevada, Oregon, and Washington), Post Office Box 3737, Portland, Oreg. 97208.

(c) Southwest Region (Region 2comprising the States of Arizona, Colorado, Kansas, New Mexico, Oklahoma, Texas, Utah, and Wyoming), Post Office Sox 1306, Albuquerque, N. Mex. 87103.

(d) North Central Region (Region 3comprising the States of Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin), Federal Building, Fort Snelling, Twin Cities, Minn. 55111.

(e) Southeast Region (Region 4comprising: (1) The States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia; and (2) The District of Columbia, Puerto Rico, and the Virgin Islands), Peachtree-Seventh Building, Atlanta, Ga. 30323.

(f) Northeast Region (Region 5comprising the States of Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and West Virginia), U.S. Post Office and Courthouse, Boston, Mass. 02109.

[35 F.R. 11633, July 21, 1970; 35 F.R. 12658, Aug. 8, 1970]

(a) Applications for scientific collecting and other special purpose permits shall be made by letter addressed to the Regional Director at the regional office having administrative jurisdiction over Bureau functions in the State where permit activities are proposed. (See § 16.10 for geographical jurisdiction and addresses of regional offices.) Such applications shall contain the following information:

(1) Name, address, and age of applicant:

(2) Species and number of migratory birds or their parts, nests, or eggs proposed to be taken or acquired when it is possible to determine same in advance;

(3) Statement of the purpose and a justification for granting such a permit: and

(4) In the case of scientific collecting permits, the name and address of the public scientific or educational institution to which all specimens will ultimately be donated.

(5) Persons issued Migratory Bird Banding or Marking Permits shall be

permitted to salvage certain birds as set forth in § 16.13.

(6) (i) Persons issued a special aviculturist permit are authorized to acquire, propagate, possess, exhibit, and dispose of by exchange, sale, or gift to another person who has been issued a special aviculturist permit, waterfowl not marked by toe-clipping, and such birds are exempted from the toe-clipping requirements set forth in §§ 16.14, 16.15, and 16.16: Provided, That, on each date that any such birds or their eggs are transferred to another special aviculturist permittee, the permittee transferring the birds or their eggs must complete a form 3-186, Notice of Waterfowl Sale or Transfer. The permittee will furnish the original of completed form 3-186 to the permittee acquiring the birds or eggs; retain one copy in his files as a record of his operations; and, on or before the last day of each month, mail three copies of each form completed during that month to the regional office of the Bureau of Sport Fisheries and Wildlife which issued his permit. The Bureau will provide form 3-186 to permittees upon request. See § 16.10 for geographic jurisdiction and addresses of regional offices issuing permits from which this form is available.

(ii) Within 10 days following December 31 of each calendar year, permittee must file a report, negative or otherwise, on a form furnished for that purpose. This form will require each permittee to record information concerning his transactions during the year, and will include but may not be limited to, the number of each species of non-toe-clipped waterfowl and waterfowl eggs on hand at the beginning of the period covered by the report, the name, address, and aviculturist permit number of each permittee from whom he acquired and to whom he transferred any non-toe-clipped waterfowl or waterfowl eggs, and the number of each species of non-toe-clipped waterfowl and waterfowl eggs left on hand as of December 31 of the year covered in the report.

(b) The tenure of scientific collecting or other special purpose permits shall be from date of issue through the 31st day of December of the second full calendar year following the year of issue unless a different period of time is prescribed in the permit.

(c) All specimens taken and possessed under authority of a scientific collecting permit must be donated and transferred

to the public scientific or educational institution designated in the permit application within 60 days following the date such permit expires or is revoked, unless the permittee has been issued a special permit authorizing possession for a longer period of time.

(d) All permittees must keep accurate records of their operations and file a report of such operations, negative or otherwise, by letter or on a form furnished for that purpose, on or before January 10 of each calendar year following the year of issue unless a different date is stated in the permit.

[31 F.R. 16016, Dec. 15, 1966, as amended at 35 F.R. 17265, Nov. 10, 1970; 37 F.R. 10365, May 20, 1972]

§ 16.12 Taxidermist permits.

(a) Permit required. A taxidermist permit is required before any person may perform taxidermy services on migratory birds or their parts, nests, or eggs for any person other than himself. The permit must be conspicuously posted at the location where taxidermy services are performed.

(b) Application for permit—information to be included. Original applications for a taxidermist permit shall be made by letter addressed to the Regional Director, Bureau of Sport Fisheries and Wildlife, at the Regional Office having administrative jurisdiction over Bureau functions in the State where such services are proposed (see § 16.10 for geographical jurisdiction and addresses of regional offices). The letter of application shall contain the following information:

(1) The name, age, mailing address, and telephone number of the applicant;

(2) The address of the premises where taxidermist services will be provided, if different than mailing address;

(3) A statement of the applicants qualifications and experience as a taxidermist; and

(4) If a State permit is required by State law, whether or not the applicant 'possesses one, and if so, the date on which it will expire.

(c) Permit authorizations. A permit authorizes a taxidermist to:

(1) Receive, transport, hold in custody or possession, mount or otherwise prepare, migratory birds and return them to another.

(2) Sell properly marked, captive reared migratory waterfowl which he has lawfully acquired and mounted. Such mounted birds may be placed on consign

ment for sale and may be possessed by such consignee for the purpose of sale.

(d) Recordkeeping and reporting requirements. Permittees must keep accurate records of operations, on a calendar year basis, showing the names and addresses of persons from and to whom migratory birds or their parts, nests, or eggs were received or delivered, the number and species of such, and the dates of receipt and delivery. In addition to the other records required by this paragraph, the permittee must maintain in his files, the original of the completed form 3-186, Notice of Waterfowl Sale or Transfer, confirming his acquisition of captive reared, properly marked migratory waterfowl from the holder of a current Federal waterfowl propagating permit. Permittees must retain such records for a period of 1 year following the end of the calendar year covered by the records.

(e) Expiration date of permit. The tenure of taxidermist permits or renewals thereof shall be from date of issue through the 31st day of December of the second full calendar year following the year of issue.

(f) Renewal of permit. Requests for renewals of existing permits shall be made by letter to the regional office issuing the permit not later than 30 days preceding the expiration date of the permit.

(g) Notwithstanding the provisions of paragraph (c) of this section, the receipt, possession and storage by a taxidermist of any migratory game birds taken by another by hunting is not authorized unless they are tagged as required by § 10.9 (b) of this chapter. The required tags may be removed during the taxidermy operations but must be retained by the taxidermist with the other records required to be kept by paragraph (d) of this section and must be reattached to the mounted specimen after mounting. The tag must then remain attached until the mounted specimen is delivered to the owner.

(40 Stat. 755; 16 U.S.C. 703 et seq.) [35 F.R. 19398, Dec. 23, 1970, as amended at 36 FR. 14698, Aug. 10, 1971]

§ 16.13 Bird banding or marking permits.

(a) (1) A banding or marking permit is required before any person may capture migratory birds for banding or marking purposes or use official bands issued by the Bureau of Sport Fisheries

and Wildlife for banding or marking any species of bird.

(2) The holder of a banding permit may salvage, for the purpose of donating to a public scientfic or educational institution, birds killed or found dead as a result of the permittee's normal banding operations, and casualties from other causes. Banders must keep accurate records of their operations and file reports as set forth in the U.S. Fish and Wildlife Service's Bird Banding Manual, or supplements thereto, in accordance with instructions contained therein.

(3) All dead birds salvaged under authority of a Migratory Bird Banding or Marking Permit must be donated and transferred to a public scientific or educational institution at least every 6 months or within 60 days of the time such permit expires or is revoked, unless the permittee has been issued a special permit authorizing possession for a longer period of time.

(b) Applications for banding permits shall be made by letter addressed to the Bird Banding Laboratory, Migratory Bird Populations Station, Bureau of Sport Fisheries and Wildlife, Laurel, Md. 20810. Requests for renewals of existing permits shall be made by letter not later than 30 days prior to the expiration date of the permit.

(c) The banding of migratory birds shall be by official numbered leg bands issued by the Bureau of Sport Fisheries and Wildlife. The use of any other band, clip, dye, or other method of marking is prohibited unless specifically authorized in the banding permit.

(d) All traps or nets used to capture migratory birds for banding purposes shall have attached thereto a tag or label clearly showing the name and address of the permittee and his permit number, or the area in which such traps or nets are located must be posted with Notice of Banding Operations posters (form 31155, available upon request from the Bird Banding Laboratory, Migratory Bird Populations Station, Bureau of Sport Fisheries and Wildlife, Laurel, Md. 20810) which shall bear the name and address of the permittee and the number of his permit.

(e) Banding permits may be suspended or revoked for a violation of any provision of the Migratory Bird Treaty Act or the regulations issued thereunder, or for failure to maintain and submit required records and reports or to comply with any special terms, conditions, or

restrictions incorporated in the banding permit.

[31 F.R. 16016, Dec. 15, 1966, as amended at 35 F.R. 17265, Nov. 10, 1970]

§ 16.14 Waterfowl propagating permits. (a) A waterfowl propagating permit is required before any person may lawfully sell, trade, donate, or otherwise dispose of, to another person, any species of captive-reared and properly marked migratory waterfowl or their eggs other than mallard ducks.

(b) Original requests for a propagating permit shall be made by letter addressed to the Regional Director at the regional office having administrative jurisdiction over Bureau functions in the State where permit activities are proposed. (See 16.10 for geographical jurisdiction and addresses of regional offices.) The applicant will then be furnished an application form to be completed and returned to the regional office.

(c) The tenure of propagating permits or renewals thereof shall be from date of issue through the 31st day of December of the second full calendar year following the year of issue.

(d) Requests for renewals of existing permits shall be made by letter to the regional office issuing the permit not later than 30 days preceding the expiration date of the permit.

(e) When issued, these permits will authorize such disposal subject to the following conditions, restrictions, and requirements:

(1) Effective March 1, 1967, all live migratory waterfowl possessed in captivity under authority of a valid Federal propagating permit shall be physically marked within 60 days by removal of the hind toe from the right foot. All such birds hatched, raised and retained in captivity thereafter shall be so marked prior to reaching 4 weeks of age. The preceding does not apply to captive adult geese, swans, and brant which have previously been marked by a "V" notch in the web of one foot, nor to such adult birds held in captivity at public institutions as defined in § 16.1(c).

(2) Such properly marked birds may be killed, in any number, at any time or place, by any means except shooting. Such birds may be killed by shooting only in accordance with all the applicable hunting regulations governing the taking of like species from the wild.

(3) At all times during possession, transportation, and storage until the raw

carcasses of such birds are finally processed immediately prior to cooking, smoking, or canning, the marked foot must remain attached to each carcass: Provided, That permittees who are also authorized to sell game under a State license, permit, or authorization may remove the marked foot from the raw carcasses if the number of his State license, permit, or authorization has first been legibly stamped in ink on the back of each carcass or on the wrapping or container in which each carcass is maintained, or each carcass is identified by a State band on leg of wing pursuant to requirements of his State license, permit, or authorization.

(4) Such properly marked birds, alive or dead, or their eggs may be disposed of in any number, at any time or place, to any person: Provided, That on each date that any such birds or their eggs are transferred to another person, the permittee must complete a form 3-186, Notice of Waterfowl Sale or Transfer. (Bureau will provide supplies of form.) The permittee will furnish the original of completed form 3-186 to the person acquiring the birds or eggs; retain one copy in his files as a record of his operations; and, on or before the last day of each month, mail three copies of each form completed during that month to the regional office of the Bureau of Sport Fisheries and Wildlife which issued his permit.

(5) Within 10 days following December 31 of each calendar year, permittee must file a report, negative or otherwise, on a form furnished for that purpose, listing the number and species of migratory waterfowl and their eggs on hand as of December 31.

$ 16.15

Acquisition, without a permit, of captive-reared migratory waterfowl other than mallard ducks.

Any person may, without a permit, lawfully acquire captive-reared and properly marked migratory waterfowl of all species other than mallard ducks, alive or dead, or their eggs, and possess and transport such birds or eggs and any progeny or eggs therefrom solely for his own use subject to the following conditions and restrictions:

(a) Such birds, alive or dead, or their eggs may be lawfully acquired only from holders of valid Federal waterfowl propagating permits except that properly marked carcasses of such birds may also

be lawfully acquired as provided under paragraph (c) of this section.

(b) All progeny of such birds or eggs hatched, raised, and retained in captivity must be physically marked by removal of the hind toe from the right foot prior to reaching 4 weeks of age.

(c) No such birds or eggs or any progeny or eggs thereof may be disposed of by any means, alive or dead, to any other person unless a special Federal permit has first been secured authorizing such disposal: Provided, That bona fide clubs, hotels, restaurants, boarding houses, and dealers in meat and game may serve or sell to their customers the carcasses of any such birds which they have acquired from the holder of a valid Federal waterfowl propagating permit.

(d) Lawfully possessed and properly marked birds may be killed, in any number, at any time or place, by any means except shooting. Such birds may be killed by shooting only in accordance with all applicable hunting regulations governing the taking of like species from the wild. (See Part 10 of this subchapter.)

(e) At all times during possession, transportation, and storage until the raw carcasses of such birds are finally processed immediately prior to cooking, smoking, or canning, the marked foot must remain attached to each carcass unless such carcasses were otherwise properly marked and the foot removed prior to acquisition.

(f) When any such birds, alive or dead, or their eggs are acquired from a Federal waterfowl propagating permittee, the permitee will furnish a copy of form 3-186, Notice of Waterfowl Sale or Transfer, to be retained on file by the buyer during his possession of such birds or eggs or progeny or eggs thereof. § 16.16 Acquisition, without a permit, of captive-reared mallard ducks.

Captive-reared and properly marked mallard ducks, alive or dead, or their eggs may be acquired, possessed, sold, traded, donated. transported, exported (but not imported), and disposed of by any person without a permit, subject to the following conditions, restrictions, and requirements:

(a) Effective March 1, 1967, all such live mallard ducks then possessed in captivity, without a permit, shall be physically marked by removal of the hind toe from the right foot within 60 days, and all such ducks hatched, raised,

and retained in captivity thereafter shall be so marked prior to reaching 4 weeks of age.

(b) When so marked, such live birds may be disposed of to, or acquired from, any person and possessed and transported in any number at any time or place.

(c) When so marked, such live birds may be killed, in any number, at any time or place, by any means except shooting. Such birds may be killed by shooting only in accordance with all applicable hunting regulations governing the taking of mallard ducks from the wild: Provided, That such birds may be killed by shooting, in any number, at any time, within the confines of any premises operated as a shooting preserve under State license, permit, or authorization; or they may be shot, in any number, at any time or place, by any person for bona fide dog training or field trial purposes: Provided further, That the provisions of the hunting regulations (Part 10 of this subchapter) and the Migratory Bird Hunting Stamp Act (duck stamp requirement) shall not apply to shooting preserve operations, as provided for in this paragraph, or to bona fide dog training or field trial operations.

(d) At all times during possession, transportation, and storage until the raw carcasses of such birds are finally processed immediately prior to cooking. smoking, or canning, the marked foot must remain attached to each carcass: Provided, That persons, who operate game farms or shooting preserves under a State license, permit, or authorization for such activities, may remove the marked foot when either the number of his State license, permit, or authorization has first been legibly stamped in ink on the back of each carcass or on the container in which each carcass is maintained, or each carcass is identified by a State band on leg or wing pursuant to requirements of his State license, permit, or authorization. When properly marked, such carcasses may be disposed of to, or acquired from, any person and possessed and transported in any number at any time or place.

[31 F.R. 16016, Dec. 15, 1966, as amended at 34 F.R. 2562, Feb. 25, 1969]

CONTROL OF DEPREDATING BIRDS

§ 16.21 Depredation permits.

Upon receipt of information from the owner, tenant, sharecropper, or other

person that migratory birds are injuring his crops or other property on the land on which he resides, or over which he exercises control, together with a statement of the location of the area; the nature of the crops or other interests being injured; the extent of such injury; and the particular species of birds committing the injury, an investigation will be made. If it is then determined that the injury complained of is substantial and can be abated, a permit to frighten, herd, or kill such birds may be issued. The permit shall specify the person, the time, and the method by which such birds may be frightened, herded, or killed. The permit shall further provide that all dead birds shall be disposed of as prescribed therein; that a report shall be made of the operations; and shall include such other conditions as may be appropriate in each case.

§ 16.22 Depredating blackbirds, COWbirds, grackles, common crows, and magpies.

A Federal permit shall not be required to control yellow-headed redwinged, bicolored red-winged, tricolored redwinged, and Brewer's blackbirds, cowbirds, all grackles, common crows, and magpies, when found committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance; Provided:

(a) That none of the birds killed pursuant to this section, nor their plumage, shall be sold or offered for sale, but may be possessed, transported, and otherwise disposed of or utilized.

(b) That any person exercising any of the privileges granted by this section shall permit at all reasonable times, including during actual operations, any Federal or State game or deputy game agent, warden, protector, or other game law enforcement officer free and unrestricted access over the premises on which such operations have been or are being conducted; and shall furnish promptly to such officer whatever information he may require, concerning said operations.

(c) That nothing in this section shall be construed to authorize the killing of such birds contrary to any State laws or regulations; and that none of the privileges granted under this section shall be exercised unless the person possesses