I know this is confusing for a lot of people because our interest is in hunting with hawks, and not figuring out the nuances of red tape. Particularly since the red tape changed about 10 years ago, and since we all know we can loose our ability to hunt with hawks if we trip up in the red tape.

But what Katie said in that email to Chris Comeaux is right on the money, and it applies to all the USFWS.

Let me sum it up -

For falconry - the only agency you need to worry about is the State/Tribe/Territory that issued you your falconry permit. They are the ones that administer, regulate and oversee falconry. Yes, there are still federal rules, and the feds can in some situations enforce them - but you answer to the state and the state alone. So during this outage, contact your state and do whatever they tell you. Although you should also bear in mind, the state is responsible by law for providing data to the USFS, so if your state asks you to send stuff to them, I would suggest you politely remind them that this is their job.

The advice to have those instructions documented is still very much applicable. As is the advice to keep proof that you followed those instructions, along with your copy of the 3-186a. If anyone from the USFWS ever questions what you did, you can politely refer them to the state. You are innocent until proven guilty, but you still have to be able to counter the "proof" of guilt from the fish cops with something more than a smile.

For Breeding - The old two tier system still applies. Or I should say it can. In my state, for example, there are no state level permits or paperwork, we just deal directly with the USFWS. If your a breeder that needs to file a 3-186a, you still will need to contact your regional USFWS office and ask how they want to handle the outage, in addition to whatever your state wants you to do.