50 CFR § 19.1 - 19.32 - Taking, Possession, transportation, Sale, Purchase, Barter, Exportation, and Importation of Wildlife and Plants - Airborne Hunting

51 U.S. Fish and Wildlife Serv., Interior § 19.4 information, or any other available documentation must be provided to the Service. (f) Operators must notify the Service upon project completion or end of the work season. § 18.152 Information collection re quirements. The Office of Management and Budg et (OMB) has approved the information collection requirements contained in this part and assigned OMB Control Number 1018–0070. Federal agencies may not conduct or sponsor, and a per son is not required to respond to, a col lection of information unless it dis plays a currently valid OMB control number. Direct comments regarding the burden estimate or any other as pect of the information collection to the Service’s Information Collection Clearance Officer at the address pro vided at 50 CFR 2.1(b). PART 19—AIRBORNE HUNTING Subpart A—Introduction Sec. 19.1 Purpose of regulations. 19.2 Scope of regulations. 19.3 Relation to other laws. 19.4 Definitions. Subpart B—Prohibitions 19.11 General prohibitions. 19.12 Exceptions to general prohibitions. Subpart C—Federal Permits 19.21 Limitation on Federal permits. Subpart D—State Permits and Annual Report Requirements 19.31 State permits. 19.32 Annual reporting requirements. AUTHORITY: Fish and Wildlife Act of 1956, 85 Stat. 480, as amended, 86 Stat. 905 (16 U.S.C. 742a—j–1). SOURCE: 39 FR 1177, Jan. 4, 1974, unless oth erwise noted. Subpart A—Introduction § 19.1 Purpose of regulations. The regulations contained in this part provide rules relative to the prohi bition against shooting or harassing of wildlife from any aircraft, provide the requirements for the contents and fil ing of annual reports by the States re garding permits issued for such shoot ing or harassing, and provide regula tions necessary for effective enforce ment of the Fish and Wildlife Act of 1956 as amended (16 U.S.C. 742a—j–1). § 19.2 Scope of regulations. The regulations contained in this part apply to all persons within the territorial jurisdiction of the United States, to all United States citizens whether within the territorial jurisdic tion of the United States or on the high seas or on board aircraft in flight over the high seas, and to all persons on board aircraft belonging in whole or in part to any United States citizen, firm, or partnership, or corporation created by or under the laws of the United States, or any State, territory or possession thereof. § 19.3 Relation to other laws. The exemptions to general prohibi tions of the Fish and Wildlife Act of 1956, that permit airborne hunting in certain circumstances (See subpart B of this part) do not supersede, or au thorize the violation of, other laws de signed for the conservation or protec tion of wildlife, including those laws prohibiting the shooting or harassing of bald and golden eagles, polar bears and other marine mammals, migratory birds, and other wildlife, except to the extent that airborne hunting is author ized by regulations or permits issued under authority of those laws. (See e.g., § 21.100 of this subchapter.) [39 FR 1177, Jan. 4, 1974, as amended at 87 FR 880, Jan. 7, 2022] § 19.4 Definitions. In addition to definitions contained in part 10 of this subchapter, and unless the context otherwise requires, in this part 19: Harass means to disturb, worry, mo lest, rally, concentrate, harry, chase, drive, herd or torment. VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00061 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 52 50 CFR Ch. I (10–1–23 Edition) § 19.11 Subpart B—Prohibitions § 19.11 General prohibitions. (a) Except as otherwise authorized by the Fish and Wildlife Act of 1956 as amended, no person shall: (1) While airborne in any aircraft shoot or attempt to shoot for the pur pose of capturing or killing any wild life; (2) Use an aircraft to harass any wild life; or (3) Knowingly participate in using an aircraft whether in the aircraft or on the ground for any purpose referred to in paragraph (a) (1) or (2) of this sec tion. (b) The acts prohibited in this section include, but are not limited to, any person who: (1) Pilots or assists in the operation of an aircraft from which another per son shoots or shoots at wildlife while airborne, or (2) While on the ground takes or at tempts to take any wildlife by means, aid, or use of an aircraft. § 19.12 Exceptions to general prohibi tions. The prohibitions of the preceding sec tion shall not apply to any person who: (1) Is acting within the scope of his official duties as an employee or au thorized agent of a State or the United States to administer or protect or aid in the administration or protection of land, water, wildlife, livestock, domes ticated animals, human life or crops; or (2) Is acting within the limitations of a permit referred to in § 19.21 or § 19.31 of this part. Subpart C—Federal Permits § 19.21 Limitation on Federal permits. No Federal permits will be issued to authorize any person to hunt, shoot, or harass any wildlife from an aircraft, except for Federal permits to scare or herd migratory birds referred to in § 21.100 of this subchapter. [39 FR 1177, Jan. 4, 1974, as amended at 87 FR 880, Jan. 7, 2022] Subpart D—State Permits and Annual Report Requirements § 19.31 State permits. (a) Except as provided in § 19.3, States may issue permits to persons to engage in airborne hunting or harassing of wildlife for purposes of administering or protecting land, water, wildlife, live stock, domestic animals, human life or crops. States may not issue permits for the purpose of sport hunting. (b) Upon issuance of a permit by a State to a person pursuant to this sec tion, the issuing authority will provide immediate notification to the Special Agent in Charge having jurisdiction ac cording to § 10.22. § 19.32 Annual reporting requirements. (a) Any State issuing permits to per sons to engage in airborne hunting or harassing of wildlife or any State whose employees or agents participate in airborne hunting or harassing of wildlife for purposes of administering or protecting land, water, wildlife, live stock, domestic animals, human life or crops, shall file with the Director, an annual report on or before July 1 for the preceding calendar year ending De cember 31. (b) The annual report required by this section shall contain the following information as to each such permit issued: (1) The name and address of each per son to whom a permit was issued. (2) Permit number and inclusive dates during which permit was valid. (3) The aircraft number of the air craft used and the location where such aircraft was based. (4) Common name and number of the wildlife for which authorization to take was given and a description of the area from which the wildlife were au thorized to be taken. (5) The purpose for which the permit was issued, specifically identifying whether the permit was issued to pro tect land, water, wildlife, livestock, do mestic animals, crops, or human life. (6) The common name and number of wildlife taken by permittees and State employees or agents. (c) A compilation of all annual re ports required by this section shall be VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00062 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 53 U.S. Fish and Wildlife Serv., Interior Pt. 20 made by the Director and furnished to any State filing such annual report. PART 20—MIGRATORY BIRD HUNTING Subpart A—Introduction Sec. 20.1 Scope of regulations. 20.2 Relation to other provisions. Subpart B—Definitions 20.11 What terms do I need to understand? Subpart C—Taking 20.20 Migratory Bird Harvest Information Program. 20.21 What hunting methods are illegal? 20.22 Closed seasons. 20.23 Shooting hours. 20.24 Daily limit. 20.25 Wanton waste of migratory game birds. 20.26 Emergency closures. Subpart D—Possession 20.31 Prohibited if taken in violation of sub part C. 20.32 During closed season. 20.33 Possession limit. 20.34 Opening day of a season. 20.35 Field possession limit. 20.36 Tagging requirement. 20.37 Custody of birds of another. 20.38 Possession of live birds. 20.39 Termination of possession. 20.40 Gift of migratory game birds. Subpart E—Transportation Within the United States 20.41 Prohibited if taken in violation of sub part C. 20.42 Transportation of birds of another. 20.43 Species identification requirement. 20.44 Marking package or container. Subpart F—Exportation 20.51 Prohibited if taken in violation of sub part C. 20.52 Species identification requirement. 20.53 Marking package or container. Subpart G—Importations 20.61 Importation limits. 20.62 Importation of birds of another. 20.63 Species identification requirement. 20.64 Foreign export permits. 20.65 Processing requirement. 20.66 Marking of package or container. Subpart H—Federal, State, and Foreign Law 20.71 Violation of Federal law. 20.72 Violation of State law. 20.73 Violation of foreign law. Subpart I—Migratory Bird Preservation Facilities 20.81 Tagging requirement. 20.82 Records required. 20.83 Inspection of premises. Subpart J—Feathers or Skins 20.91 Commercial use of feathers. 20.92 Personal use of feathers or skins. Subpart K—Annual Seasons, Limits, and Shooting Hours Schedules 20.100 General provisions. 20.101 Seasons, limits, and shooting hours for Puerto Rico and the Virgin Islands. 20.102 Seasons, limits, and shooting hours for Alaska. 20.103 Seasons, limits, and shooting hours for mourning and white-winged doves and wild pigeons. 20.104 Seasons, limits, and shooting hours for rails, woodcock, and common (Wil son’s) snipe. 20.105 Seasons, limits, and shooting hours for waterfowl, coots, and gallinules. 20.106 Seasons, limits, and shooting hours for sandhill cranes. 20.107 Seasons, limits, and shooting hours for tundra swans. 20.108 Nontoxic shot zones. 20.109 Extended seasons, limits, and hours for taking migratory game birds by fal conry. 20.110 Regulations for certain Federal In dian reservations and ceded lands. Subpart L—Administrative and Miscellaneous Provisions 20.131 Extension of seasons. 20.132 Subsistence use in Alaska. 20.133 Hunting regulations for crows. 20.134 Approval of nontoxic shot types and shot coatings. Subpart M [Reserved] Subpart N—Special Procedures for Issuance of Annual Hunting Regulations 20.151 Purpose and scope. 20.152 Definitions. 20.153 Regulations committee. 20.154 Flyway Councils. 20.155 Public file. AUTHORITY: 16 U.S.C. 703 et seq., and 16 U.S.C. 742a–j. VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00063 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R