The regulations in this section authorize salvage activities and provide a regulatory authorization for these activities.

(a) Salvage and disposition of bald eagle and golden eagle specimens. The National Eagle Repository (Repository) is responsible for determining whether salvaged eagle specimens must be sent to the Repository or distributed to others. Eagle specimens include a whole bald eagle or golden eagle (eagle), part of an eagle (e.g., wing or tail), or feathers. Salvage of any eagle nest or egg in any condition is not authorized.

(1) If you salvage eagle specimens, you must immediately contact the Repository. When possible, contact the Repository prior to salvage. Alternatively, you may turn in salvaged eagles to your Federal, Tribal, or State wildlife agency.

(2) If the Repository determines specimens must be sent to the Repository, you must follow the Repository's shipping instructions and ship specimens within 7 days of receiving instructions from the Repository.

(3) If the Repository determines eagle specimens may be distributed to others, the Repository will provide written documentation for donation of the eagle specimen. Unless otherwise documented by the Service in writing, you must donate or otherwise legally dispose of the eagle specimen within 7 days of receiving instructions from the Repository. You may donate specimens to a public museum, public scientific society, or public zoological park authorized to receive eagle specimens for scientific or exhibition purposes under a regulatory authorization (50 CFR 22.15) or valid permit (50 CFR 22.50).

(4) If not donated, the eagle specimens must be disposed of by destruction in accordance with Federal, Tribal, State, and local laws and ordinances.

(5) Personal use is not authorized. Eagle specimens may not be held in possession for more than 7 calendar days, unless directed otherwise by the Service. Eagle specimens may not be purchased, sold, bartered, or offered for purchase, sale, or barter.

(b) Salvage of migratory birds. Any person may salvage migratory bird specimens under the conditions set forth in this section. Specimens include whole birds found dead, parts, feathers, inactive nests, and nonviable eggs. The following restrictions apply:

(1) This authorization does not apply to live birds, viable eggs, or in-use nests. Salvage of eggs during breeding season is not authorized, except you may salvage nonviable eggs if you are professionally trained to distinguish viable eggs from nonviable eggs. Salvage of viable eggs is not authorized under this section.

(2) Additional authorization is required to salvage bird species on the Federal List of Endangered and Threatened Wildlife (50 CFR 17.11(h)).

(3) Salvage and disposition of bald eagles and golden eagles is limited as described in paragraphs (a)(1) through (a)(5) of this section.

(4) You must dispose of all salvaged specimens as described below within 7 calendar days.

(5) You must tag each specimen intended for donation with the species, date, location of salvage, and the name and contact information of the person who salvaged the specimen. The tag must remain with the specimen.

(6) You must report the band information of any salvaged migratory bird with a Federal band to the U.S. Geological Survey Bird Banding Laboratory.

(c) Disposition of migratory birds. (1) Except for bald eagles or golden eagles, salvaged migratory bird specimens may be disposed of by donation to any person or entity authorized to receive them under a valid permit or regulatory authorization.

(2) If not donated, migratory bird specimens must be disposed of by destruction in accordance with Federal, Tribal, State, Territorial, and local laws and ordinances.

(3) Personal use is not authorized. Birds, parts, nests, and eggs may not be held in possession for more than 7 calendar days, unless directed otherwise by the Service. Migratory bird specimens may not be purchased, sold, bartered, or offered for purchase, sale, or barter.

(d) Records. You must maintain records of all donated birds, including eagles sent to the Repository, for 5 years. Records must include species, specimen type, date, location salvaged, and recipient. At any reasonable time upon request by the Service, you must allow the Service to inspect any birds held under this authorization and to review any records kept.

(e) Other requirements. Additional Federal, Tribal, State, or Territorial permits may be required. This authorization does not grant land access. You are responsible for obtaining permission from landowners when necessary and for complying with other applicable laws. This authorization is not intended for individuals actively searching for dead birds, such as for scientific research.

(f) Reporting to law enforcement. If you suspect birds were illegally killed or if five or more birds are found dead, you must notify the Service Office of Law Enforcement (see 50 CFR 10.22 for contact information) prior to salvaging the birds and follow the instructions provided.