§21.76. Rehabilitation permits. — Inbound Citations

(6) Notwithstanding paragraph (c)(1) of this section, any person acting under a valid migratory bird rehabilitation permit issued pursuant to § 21.76 of this subchapter may take endangered migratory birds without an endangered species permit if such action is necessary to aid a sick, injured, or orphaned endangered migratory bird, provided the permittee is adhering to the conditions of the migratory bird rehabilitation permit.

(d) After hospitalization is no longer required, within 48 hours, live migratory birds must be transferred to a federally permitted migratory bird rehabilitator. Any determination of nonreleasable status requires a rehabilitation permit (§ 21.76) and may not be made under this regulatory authorization. If unable to transfer a bird within that time, you must contact your regional migratory bird permit office for assistance in locating a permitted migratory bird rehabilitator, authorization to continue care, or a recommendation to euthanize the bird.

(b) Except as set forth in paragraphs (b)(1) and (2) of this section, the regulations in this part do not apply to the bald eagle (Haliaeetus leucocephalus) or the golden eagle (Aquila chrysaetos), for which regulations are provided in part 22 of this subchapter:

(1) In this part in subpart B, which sets forth regulatory authorizations for migratory birds, the following sections of this part apply to the migratory birds listed in 50 CFR 10.13, including the bald eagle (Haliaeetus leucocephalus) and the golden eagle (Aquila chrysaetos):

(i) § 21.16: Authorization—salvage;

(ii) § 21.22: Authorization—licensed veterinarians;

(iii) § 21.32: Authorization—mortality events;

(iv) § 21.34: Authorization—natural resource agency employees; and

(v) § 21.40: Authorization—law enforcement personnel.

(2) In this part in subpart C, which sets forth specific permit provisions, the following sections of this part apply to the migratory birds listed in 50 CFR 10.13, including the bald eagle (Haliaeetus leucocephalus) and the golden eagle (Aquila chrysaetos):

(i) § 21.63: Taxidermist permits;

(ii) § 21.70: Banding or marking permits;

(iii) § 21.76: Rehabilitation permits; and

(iv) § 21.82: Falconry standards and falconry permitting.

(ii) You need only meet the facility standards in this section; your facilities are not subject to inspection for compliance with the standards in § 21.76.

(7) Notwithstanding paragraph (c)(1) of this section and consistent with § 21.76(a) of this subchapter:

(i) Any person who finds a sick, injured, or orphaned endangered migratory bird may, without a permit, take and possess the bird in order to immediately transport it to a permitted rehabilitator; and

(ii) Persons exempt from the permit requirements of § 21.12(b)(2) and (c) of this subchapter may take sick and injured endangered migratory birds without an endangered species permit in performing the activities authorized under § 21.12(b)(2) and (c) of this subchapter.

(3) Natural resource agency employees may transport sick, injured, or orphaned birds in accordance with § 21.76(a). If transport is not feasible within 24 hours, employees must follow the instructions of a federally permitted migratory bird rehabilitator to provide supportive care, retain in an appropriate enclosure for up to 72 hours, or euthanize the birds.

(2) Euthanize migratory birds as required by § 21.76(e)(4)(iii) and § 21.76(e)(4)(iv), and dispose of dead migratory birds in accordance with § 21.76(e)(4)(vi); and

(2) Perform diagnostics as well as surgical and nonsurgical procedures necessary for triage, including euthanizing migratory birds (See § 21.76(e)(4)(iii)-(iv)). Under this authorization, licensed veterinarians may not conduct amputations and other procedures that could render a bird nonreleasable.

(2) Euthanize migratory birds as required by § 21.76(e)(4)(iii) and § 21.76(e)(4)(iv), and dispose of dead migratory birds in accordance with § 21.76(e)(4)(vi); and

(2) Perform diagnostics as well as surgical and nonsurgical procedures necessary for triage, including euthanizing migratory birds (See § 21.76(e)(4)(iii)-(iv)). Under this authorization, licensed veterinarians may not conduct amputations and other procedures that could render a bird nonreleasable.

(2) Euthanize migratory birds as required by § 21.76(e)(4)(iii) and § 21.76(e)(4)(iv), and dispose of dead migratory birds in accordance with § 21.76(e)(4)(vi); and

(5) Dispose of dead migratory birds in accordance with § 21.76(e)(4)(vi) and dispose of dead bald eagles and golden eagles in accordance with § 21.76(e)(4)(vi)(C).

(5) Dispose of dead migratory birds in accordance with § 21.76(e)(4)(vi) and dispose of dead bald eagles and golden eagles in accordance with § 21.76(e)(4)(vi)(C).