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

(c) Other provisions. (1) You may not except in Hidalgo, Starr, and Zapata remove or destroy purple swamphens Counties in Texas, and in Alaska, Ha- or their nests or eggs if doing so is con- waii, and U.S. territories and posses- trary to any State, territorial, tribal, sions, landowners and Federal, State, or local laws or regulations. Tribal, and local wildlife management (2) You may not remove or destroy agencies, and their tenants, employees, purple swamphens or their nests or or agents may, without a Federal per- eggs if doing so will adversely affect mit, remove or destroy muscovy ducks other migratory birds or species des- (Cairina moschata) (including hybrids of ignated as endangered or threatened muscovy ducks), or their nests, or eggs under the authority of the Endangered at any time when found. Any author- Species Act. In particular, the purple ized person may temporarily possess, swamphen resembles the native purple transport, and dispose of muscovy gallinule (Porphyrula martinica). Au- ducks taken under this order. thorized persons must take special care (b) Muscovy ducks in Hidalgo, Starr, not to take purple gallinules or their and Zapata Counties in Texas. In these nests or eggs when conducting purple counties, take of muscovy ducks, their swamphen control activities. Certain nests, and their eggs may be allowed if persons may take purple gallinules we issue a depredation permit for the without a permit on rice-producing activity. property in Louisiana according to the (c) Disposal of muscovy ducks. You terms of a separate depredation order may donate muscovy ducks taken (see § 21.45). under this order to public museums or (3) If you use firearms to control pur- public institutions for scientific or ple swamphens under this regulation, educational purposes, or you may dis- you may use only nontoxic shot or pose of them by burying or incin- nontoxic bullets for the control. erating them. You may not retain for (4) If, while operating under this reg- personal use or consumption, offer for ulation, an authorized person takes sale, or sell a muscovy duck removed any other species protected under the under authority of this section, nor Endangered Species Act, the Migratory may you release it in any other loca- Bird Treaty Act, or the Bald and Gold- tion. en Eagle Protection Act, that person (d) Other provisions. (1) You must must immediately report the take to comply with any State, territorial, or the nearest Ecological Services office Tribal laws or regulations governing of the Fish and Wildlife Service. See the removal or destruction of muscovy http://www.fws.gov/where/ to find the lo- ducks or their nests or eggs. cation of the nearest Ecological Serv- (2) You may not remove or destroy ices office. muscovy ducks or their nests or eggs if (5) We may suspend or revoke the au- doing so will adversely affect other mi- thority of any agency or individual to gratory birds or species designated as undertake purple swamphen control if endangered or threatened under the au- we find that agency or individual has, thority of the Endangered Species Act. without an applicable permit, taken If you use a firearm to kill muscovy actions that may take Federally listed ducks under the provisions of this sec- threatened or endangered species or tion, you must use nontoxic shot or any bird species protected by the Bald nontoxic bullets to do so. and Golden Eagle Protection Act or the (3) If you operate under this order, Migratory Bird Treaty Act (see § 10.13 you must immediately report the take of subchapter A of this chapter for the of any species protected under the En- list of protected migratory bird spe- dangered Species Act, or any other bird cies), or otherwise violated Federal species protected under the Migratory regulations. Bird Treaty Act, to the Fish and Wild- [75 FR 9316, Mar. 1, 2010] life Service Ecological Services Office for the State or location in which the § 21.54 Control order for muscovy take occurred. ducks in the United States. (4) We reserve the right to suspend or (a) Control of muscovy ducks. Any- revoke the authority of any agency or where in the contiguous United States individual to undertake muscovy duck

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control if we find that the agency or sas, Kentucky, Louisiana, Michigan, individual has undertaken actions that Minnesota, Mississippi, Missouri, Mon- may harm Federally listed threatened tana, Nebraska, New Mexico, North Da- or endangered species or are contrary kota, Ohio, Oklahoma, South Dakota, to the provisions of this part. Tennessee, Texas, Wisconsin, and Wyo- ming. [75 FR 9321, Mar. 1, 2010] (3) The following States, or portions of States, that are contained within Subpart E—Control of Overabun- the boundaries of the Pacific Flyway: dant Migratory Bird Popu- Alaska, Arizona, California, Colorado, lations Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyo- § 21.60 Conservation order for light ming. geese. (4) Tribal lands within the geographic (a) What is a conservation order? A boundaries in paragraphs (c)(1), (2), and conservation order is a special manage- (3) of this section. ment action that is needed to control (d) When will the Director authorize the certain wildlife populations when tra- conservation order in a particular ditional management programs are un- Flyway? (1) The Director may authorize successful in preventing overabundance the conservation order for the reduc- of the population. We are authorizing a tion of greater snow geese for any conservation order under the authority State or Tribe contained within the At- of the Migratory Bird Treaty Act to re- lantic Flyway by publishing a notice duce and stabilize various light goose under paragraph (e) of this section populations. The conservation order al- when the May Waterfowl Population lows new methods of taking light Status report indicates that the man- geese, allows shooting hours for light agement goal of 500,000 birds has been geese to end one-half hour after sunset, exceeded and that special conservation and imposes no daily bag limits for actions conducted in Canada are insuf- light geese inside or outside the migra- ficient to reduce the population. Au- tory bird hunting season frameworks thorization of the conservation order as described in this section. in the U.S. portion of the Atlantic (b) Which waterfowl species are covered Flyway will occur after the Director by the order? The conservation order ad- determines the degree to which the dresses management of greater snow management goal has been exceeded, (Chen caerulescens atlantica), lesser the trajectory of population growth, snow (C. c. caerulescens), and Ross’s (C. anticipated harvest that would result rossii) geese that breed, migrate, and from implementation of the conserva- winter in North America. The term tion order, and whether or not similar light geese refers collectively to great- conservation actions will be conducted er and lesser snow geese and Ross’s in Canada. geese. (2) The Director may authorize the (c) Where can the conservation order be conservation order for the reduction of authorized? The Director can authorize mid-continent light geese (lesser snow the conservation order in these areas: and Ross’s geese) for any State or (1) The following States that are con- Tribe contained within the Mississippi tained within the boundaries of the At- and Central Flyways by publishing a lantic Flyway: Connecticut, Delaware, notice under paragraph (e) of this sec- Florida, Georgia, Maine, Maryland, tion when the May Waterfowl Popu- Massachusetts, New Hampshire, New lation Status report indicates that the Jersey, New York, North Carolina, management goal of 1,600,000 birds Pennsylvania, Rhode Island, South (winter index for Mid-continent Popu- Carolina, Vermont, Virginia, West Vir- lation and Western Central Flyway ginia. Population, combined) has been ex- (2) The following States, or portions ceeded. Authorization of the conserva- of States, that are contained within tion order in the U.S. portion of the the boundaries of the Mississippi and Mississippi and Central Flyways will Central Flyways: Alabama, Arkansas, occur after the Director determines the Colorado, Illinois, Indiana, Iowa, Kan- degree to which the management goal

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