U.S. Fish and Wildlife Serv., Interior § 21.54

(g) Has the Office of Management and eggs if doing so will adversely affect Budget (OMB) approved the information other migratory birds or species des- collection requirements of the control ignated as endangered or threatened order? OMB has approved the informa- under the authority of the Endangered tion collection and recordkeeping re- Species Act. In particular, the purple quirements of the control order under swamphen resembles the native purple OMB control number 1018–0133. We may gallinule (Porphyrula martinica). Au- not conduct or sponsor, and you are thorized persons must take special care not required to respond to, a collection not to take purple gallinules or their of information unless it displays a cur- nests or eggs when conducting purple rently valid OMB control number. You swamphen control activities. Certain may send comments on the informa- persons may take purple gallinules tion collection and recordkeeping re- without a permit on rice-producing quirements to the Service’s Informa- property in Louisiana according to the tion Collection Clearance Officer at the terms of a separate depredation order address provided at 50 CFR 2.1(b). (see § 21.45). [71 FR 45990, Aug. 10, 2006, as amended at 79 (3) If you use firearms to control pur- FR 43966, July 29, 2014] ple swamphens under this regulation, you may use only nontoxic shot or § 21.53 Control order for purple nontoxic bullets for the control. swamphens. (4) If, while operating under this reg- (a) Control of purple swamphens. Fed- ulation, an authorized person takes eral, State, Tribal, and local wildlife any other species protected under the management agencies, and their ten- Endangered Species Act, the Migratory ants, employees, or agents may remove Bird Treaty Act, or the Bald and Gold- or destroy purple swamphens en Eagle Protection Act, that person (Porphyrio porphyrio) or their nests or must immediately report the take to eggs at any time when they find them the nearest Ecological Services office anywhere in the contiguous United of the Fish and Wildlife Service. See States, Hawaii, Alaska, the Common- http://www.fws.gov/where/ to find the lo- wealth of Puerto Rico, or the U.S. Vir- cation of the nearest Ecological Serv- gin Islands. Any authorized agency per- ices office. sonnel may temporarily possess, trans- (5) We may suspend or revoke the au- port, and dispose of purple swamphens, thority of any agency or individual to subject to the restrictions in paragraph undertake purple swamphen control if (c) of this section. No permit is nec- we find that agency or individual has, essary to engage in these actions. without an applicable permit, taken (b) Disposal of purple swamphens. If actions that may take Federally listed you are authorized to control purple threatened or endangered species or swamphens, you may dispose of purple any bird species protected by the Bald swamphens by the following methods: and Golden Eagle Protection Act or the You may donate purple swamphens Migratory Bird Treaty Act (see § 10.13 taken under this order to public muse- of subchapter A of this chapter for the ums or public institutions for scientific list of protected migratory bird spe- or educational purposes; you may dis- cies), or otherwise violated Federal pose of the carcasses by burial or incin- regulations. eration; or, if the carcasses are not readily retrievable, you may leave [75 FR 9316, Mar. 1, 2010] them in place. No one may retain for personal use, offer for sale, or sell a § 21.54 Control order for muscovy purple swamphen removed under this ducks in the United States. section. (a) Control of muscovy ducks. Any- (c) Other provisions. (1) You may not where in the contiguous United States remove or destroy purple swamphens except in Hidalgo, Starr, and Zapata or their nests or eggs if doing so is con- Counties in Texas, and in Alaska, Ha- trary to any State, territorial, tribal, waii, and U.S. territories and posses- or local laws or regulations. sions, landowners and Federal, State, (2) You may not remove or destroy Tribal, and local wildlife management purple swamphens or their nests or agencies, and their tenants, employees,

133

VerDate Sep<11>2014 14:38 Jan 16, 2015 Jkt 232236 PO 00000 Frm 00143 Fmt 8010 Sfmt 8010 Y:\SGML\232236.XXX 232236 rmajette on DSK2TPTVN1PROD with CFR § 21.60 50 CFR Ch. I (10–1–14 Edition)

or agents may, without a Federal per- Subpart E—Control of Overabun- mit, remove or destroy muscovy ducks dant Migratory Bird Popu- (Cairina moschata) (including hybrids of lations muscovy ducks), or their nests, or eggs at any time when found. Any author- § 21.60 Conservation order for light ized person may temporarily possess, geese. transport, and dispose of muscovy (a) What is a conservation order? A ducks taken under this order. conservation order is a special manage- (b) Muscovy ducks in Hidalgo, Starr, ment action that is needed to control In these and Zapata Counties in Texas. certain wildlife populations when tra- counties, take of muscovy ducks, their ditional management programs are un- nests, and their eggs may be allowed if successful in preventing overabundance we issue a depredation permit for the of the population. We are authorizing a activity. conservation order under the authority (c) Disposal of muscovy ducks. You of the Migratory Bird Treaty Act to re- may donate muscovy ducks taken duce and stabilize various light goose under this order to public museums or populations. The conservation order al- public institutions for scientific or lows new methods of taking light educational purposes, or you may dis- geese, allows shooting hours for light pose of them by burying or incin- geese to end one-half hour after sunset, erating them. You may not retain for and imposes no daily bag limits for personal use or consumption, offer for light geese inside or outside the migra- sale, or sell a muscovy duck removed tory bird hunting season frameworks under authority of this section, nor as described in this section. may you release it in any other loca- (b) Which waterfowl species are covered tion. by the order? The conservation order ad- (d) Other provisions. (1) You must dresses management of greater snow comply with any State, territorial, or (Chen caerulescens atlantica), lesser Tribal laws or regulations governing snow (C. c. caerulescens), and Ross’s (C. the removal or destruction of muscovy rossii) geese that breed, migrate, and ducks or their nests or eggs. winter in North America. The term (2) You may not remove or destroy light geese refers collectively to great- muscovy ducks or their nests or eggs if er and lesser snow geese and Ross’s doing so will adversely affect other mi- geese. gratory birds or species designated as (c) Where can the conservation order be endangered or threatened under the au- authorized? The Director can authorize thority of the Endangered Species Act. the conservation order in these areas: If you use a firearm to kill muscovy (1) The following States that are con- ducks under the provisions of this sec- tained within the boundaries of the At- tion, you must use nontoxic shot or lantic Flyway: Connecticut, Delaware, nontoxic bullets to do so. Florida, Georgia, Maine, Maryland, (3) If you operate under this order, Massachusetts, New Hampshire, New you must immediately report the take Jersey, New York, North Carolina, of any species protected under the En- Pennsylvania, Rhode Island, South dangered Species Act, or any other bird Carolina, Vermont, Virginia, West Vir- species protected under the Migratory ginia. Bird Treaty Act, to the Fish and Wild- (2) The following States, or portions life Service Ecological Services Office of States, that are contained within for the State or location in which the the boundaries of the Mississippi and take occurred. Central Flyways: Alabama, Arkansas, (4) We reserve the right to suspend or Colorado, Illinois, Indiana, Iowa, Kan- revoke the authority of any agency or sas, Kentucky, Louisiana, Michigan, individual to undertake muscovy duck Minnesota, Mississippi, Missouri, Mon- control if we find that the agency or tana, Nebraska, New Mexico, North Da- individual has undertaken actions that kota, Ohio, Oklahoma, South Dakota, may harm Federally listed threatened Tennessee, Texas, Wisconsin, and Wyo- or endangered species or are contrary ming. to the provisions of this part. (3) The following States, or portions [75 FR 9321, Mar. 1, 2010] of States, that are contained within

134

VerDate Sep<11>2014 14:38 Jan 16, 2015 Jkt 232236 PO 00000 Frm 00144 Fmt 8010 Sfmt 8010 Y:\SGML\232236.XXX 232236 rmajette on DSK2TPTVN1PROD with CFR