(a) Migratory birds, their parts, nests, or eggs, lawfully acquired prior to the effective date of Federal protection under the Migratory Bird Treaty Act (16 U.S.C. 703-712) may be possessed or transported without a permit, but may not be imported, exported, purchased, sold, bartered, or offered for purchase, sale or barter, and all shipments of such birds must be marked as provided by part 14 of this subchapter: Provided, no exemption from any statute or regulation shall accrue to any offspring of such migratory birds.
(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.
(c) The provisions of this part are in addition to, and are not in lieu of other regulations of this subchapter B which may require a permit or prescribe additional restrictions or conditions for the importation, exportation, and interstate transportation of wildlife (see also part 13).
[39 FR 1178, Jan. 4, 1974, as amended at 46 FR 42680, Aug. 24, 1981; 68 FR 61137, Oct. 27, 2003; 73 FR 59465, Oct. 8, 2008. Redesignated and amended at 87 FR 880, Jan. 7, 2022; 89 FR 107038, Dec. 31, 2024]