Authorization in a manner that minimizes to the greatest extent practicable adverse impacts on polar bear and Pacific walrus, their habitat, and on the availability of these marine mammals for subsistence uses. §18.127 What activities are prohibited? (a) You may not intentionally take polar bear or Pacific walrus under these regulations. Under section 109(h)(1) and section 101(c) of the Marine Mammal Protection Act, we may authorize intentional take (e.g., harassment associated with deterrent activities, and taking in defense of self or others). (b) Letters of Authorization prohibit any take that fails to comply with the terms and conditions of these specific regulations. (c) This rule does not authorize the incidental take of polar bear and Pacific walrus during sub-sea pipeline activities. (d) In accordance with § 18.27(f) of this part, we will make decisions concerning withdrawals of Letters of Authorization, either on an individual or class basis, only after notice and opportunity for public comment. This requirement for notice and public comment will not apply if we determine that an emergency exists which poses a significant risk to the well-being of the species or stocks of polar bear or Pacific walrus. § 18.128 What are the monitoring and reporting requirements? (a) We require holders of Letters of Authorization to cooperate with us and other designated Federal, State, or local agencies to monitor the impacts of oil and gas exploration, development, and production activities on polar bear and Pacific walrus. your activity on polar bear and Pacific walrus. (d) For exploratory activities, holders of a Letter of Authorization must submit a report to our Alaska Regional Director within 90 days after completion of activities. For development and production activities, holders of a Letter of Authorization must submit a report to our Alaska Regional Director by January 15 for the preceding year's activities. Reports must include, at a minimum, the following information. (1) Dates and times of activity; (2) Dates and locations of polar bear or Pacific walrus activity as related to the monitoring activity; and (3) Results of the monitoring activities including an estimate of the level of take. § 18.129 What are the information collection requirements? (a) The collection of information contained in this subpart has been approved by the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and assigned clearance number 1018-0070. We need to collect the information in order to describe the proposed activity and estimate the impacts of potential takings by all persons conducting the activity. We will use the information to evaluate the application and determine whether to issue specific regulations, and, subsequently, Letters of Authorization. (b) For the initial year, we estimate your burden to be 200 hours to develop an application requesting us to promulgate incidental take regulations. For the initial year and annually thereafter when you conduct operations under this rule, we estimate an 8 hour burden per Letter of Authorization, a 4 hour burden for monitoring, and an 8 hour burden per monitoring report. You must respond to this information collection request to obtain a benefit pursuant to Section 101(a)(5) of the Marine Mammal Protection Act. You should direct comments regarding the burden estimate or any other aspect of (c) We may choose to place an ob- this requirement to the Information server on site of the activity, on board Collection Clearance Officer, U.S. Fish drill ships, drill rigs, aircraft, ice- and Wildlife Service, Department of breakers, or other support vessels or the Interior, Mail Stop 224 ARLSQ, 1849 vehicles to monitor the impacts of C Street, NW., Washington, DC 20240, (b) Holders of Letters of Authorization must designate a qualified individual or individuals to observe, record, and report on the effects of their activities on polar bear and Pacific Walrus. Subpart A-Introduction § 19.1 Purpose of regulations. The regulations contained in this part provide rules relative to the prohibition against shooting or harassing of wildlife from any aircraft, provide the requirements for the contents and filing of annual reports by the States regarding permits issued for such shooting or harassing, and provide regulations necessary for effective enforcement 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 jurisdiction 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 prohibitions 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 authorize the violation of, other laws designed for the conservation or protection 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 authorized by regulations or permits issued under authority of those laws. (See e.g., §21.41 of this subchapter.) $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, molest, rally, concentrate, harry, chase, drive, herd or torment. 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 purpose of capturing or killing any wildlife; (2) Use an aircraft to harass any wildlife; 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 section. (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 person shoots or shoots at wildlife while airborne, or (2) While on the ground takes or attempts to take any wildlife by means, aid, or use of an aircraft. $19.12 Exceptions to general prohibitions. The prohibitions of the preceding section shall not apply to any person who: (1) Is acting within the scope of his official duties as an employee or authorized agent of a State or the United States to administer or protect or aid in the administration or protection of land, water, wildlife, livestock, domesticated 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 § 21.41 of this subchapter. Subpart D-State Permits and § 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, livestock, 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 section, the issuing authority will provide immediate notification to the Special Agent in Charge having jurisdiction according to §10.22. § 19.32 Annual reporting requirements. (a) Any State issuing permits to persons 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, livestock, 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 December 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 person to whom a permit was issued. (2) Permit number and inclusive dates during which permit was valid. (3) The aircraft number of the aircraft 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 authorized to be taken. (5) The purpose for which the permit was issued, specifically identifying whether the permit was issued to protect land, water, wildlife, livestock, domestic 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 reports required by this section shall be made by the Director and furnished to any State filing such annual report. 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 (Wilson's) snipe. 20.105 Seasons, limits, and shooting hours for waterfowl, coots, and gallinules. 20.106 Seasons, limits, and shooting hours for sandhill cranes. § 20.2 Relation to other provisions. (a) Migratory bird permits. The provisions of this part shall not be construed to alter the terms of any permit or other authorization issued pursuant to part 21 of this subchapter. (b) Migratory bird hunting stamps. The provisions of this part are in addition to the provisions of the Migratory Bird Hunting Stamp Act of 1934 (48 Stat. 451, as amended; 16 U.S.C. 718a). (c) National wildlife refuges. The provisions of this part are in addition to, and are not in lieu of, any other provision of law respecting migratory game birds under the National Wildlife Refuge System Administration Act of 1966 (80 Stat. 927, as amended; 16 U.S.C. 668dd) or any regulation made pursuant thereto. (d) State Laws for the protection of migratory birds. No statute or regulation of any State shall be construed to relieve a person from the restrictions, conditions, and requirements contained in this part, however, nothing in this part shall be construed to prevent the several States from making and enforcing laws or regulations not inconsistent with these regulations and the conventions between the United States and any foreign country for the protection of migratory birds or with the Migratory Bird Treaty Act, or which shall give further protection to migratory game birds. Subpart B-Definitions § 20.11 What terms do I need to understand? For the purpose of this part, the following terms shall be construed, respectively, to mean and to include: (a) Migratory game birds means those migratory birds included in the terms of conventions between the United States and any foreign country for the protection of migratory birds, for which open seasons are prescribed in this part and belong to the following families: (1) Anatidae (ducks, geese [including brant] and swans); (2) Columbidae (doves and pigeons); (3) Gruidae (cranes); (4) Rallidae (rails, coots and gallinules); and A list of migratory birds protected by the international conventions and the Migratory Bird Treaty Act appears in §10.13 of this subchapter. (b) Seasons-(1) Open season means the days on which migratory game birds may lawfully be taken. Each period precribed as an open season shall be construed to include the first and last days thereof. (2) Closed season means the days on which migratory game birds shall not be taken. (c) Bag limits—(1) Aggregate bag limit means a condition of taking in which two or more usually similar species may be bagged (reduced to possession) by the hunter in predetermined or unpredetermined quantities to satisfy a maximum take limit. (2) Daily bag limit means the maximum number of migratory game birds of single species or combination (aggregate) of species permitted to be taken by one person in any one day during the open season in any one specified geographic area for which a daily bag limit is prescribed. (3) Aggregate daily bag limit means the maximum number of migratory game birds permitted to be taken by one person in any one day during the open season when such person hunts in more than one specified geographic area and/ or for more than one species for which a combined daily bag limit is prescribed. The aggregate daily bag limit is equal to, but shall not exceed, the largest daily bag limit prescribed for any one species or for any one specified geographic area in which taking oc curs. (4) Possession limit means the maximum number of migratory game birds of a single species or a combination of species permitted to be possessed by any one person when lawfully taken in the United States in any one specified geographic area for which a possession limit is prescribed. (5) Aggregate possession limit means the maximum number of migratory game birds of a single species or combination of species taken in the United States permitted to be possessed by |