Electronic 3-186 A

[gemiller]

"Called USFWS today about registering the falcon. I asked if I should mail in or fax the 3186-a to my local office. They said not to do either one and that as long as I have notified my state game and fish office, I was legal until USFWS gets the system up again."

That was posted on a Facebook group I follow on the 11th.

[Steve Jones]

"Called USFWS today about registering the falcon. I asked if I should mail in or fax the 3186-a to my local office. They said not to do either one and that as long as I have notified my state game and fish office, I was legal until USFWS gets the system up again."

The law states you have to file it within 10 days of the transfer. The USF&WS can not give you permission to break the law. All that essentially happened is that one person gave you a verbal notice that they would not prosecute you for breaking the law. Do you trust your future to that person's word? The only way to guarantee you won't be prosecuted is by not breaking the law, and the only way to do that, with the site down, is mail the paper form to your state.

[gemiller]

The law states you have to file it within 10 days of the transfer. The USF&WS can not give you permission to break the law. All that essentially happened is that one person gave you a verbal notice that they would not prosecute you for breaking the law. Do you trust your future to that person's word? The only way to guarantee you won't be prosecuted is by not breaking the law, and the only way to do that, with the site down, is mail the paper form to your state.

And what about the states the digital format is the appropriate method? Our state's instructions mailed to us last year specifically state to do it on the USFWS website then to mail a copy of the submittal page after you submit it to the special permits office.

So regardless, it's not possible to be compliant if the site doesn't work with my state.

Anyhow, it has nothing to do with me if you read what I said. Just copying a post I had seen go up about the topic, nothing more.

"Am I required to submit a 3-186A online?
Yes, regulations require online submission of a 3-186A. If the site is down or computer error prevents the 3-186A from being submitted online we do allow for submission via email or postal mail."
That was directly pulled from a Online 3-186a System FAQ document I found.

[jdrmd]

And what about the states the digital format is the appropriate method? Our state's instructions mailed to us last year specifically state to do it on the USFWS website then to mail a copy of the submittal page after you submit it to the special permits office.

Those are the exact instructions I received here in Georgia except the woman at the special permits office requested an email copy sent to her. She replied to my email with a confirmation of receipt.

[Ken S.]

I can't see any harm in filling out the form manually and mailing it in... (like we've been doing for many many years)! BUT... on the other hand, if you decide not to file anything and just wait until the system comes back online, well, as others said I think there's some potential risk for you. And the printable PDF 3-186a form on the Federal website is the approved format and contains the same information as the web version, I can't quite go along with an argument not to use that because of some state specific language around the process of using the new web/online system.

[wyodjm]

I can't see any harm in filling out the form manually and mailing it in... (like we've been doing for many many years)! BUT... on the other hand, if you decide not to file anything and just wait until the system comes back online, well, as others said I think there's some potential risk for you. And the printable PDF 3-186a form on the Federal website is the approved format and contains the same information as the web version, I can't quite go along with an argument not to use that because of some state specific language around the process of using the new web/online system.

I agree. I'd include a very short, dated cover letter to document why you're mailing in the form. And, as someone suggested, when mailing in the form to your state and regional federal office always send it registered mail, return receipt. Save the postal documentation. Cover your bases and cover yourself.

When filing falconry related paperwork, never leave anything to chance. Always protect yourself with dated paperwork and never rely on a phone conversation. There's simply no documentation.

This should be no big deal.

[Icantmove]

Geoff, can you link me to something that discusses the general laws you say limit USFWS? Or the laws themselves? I haven't heard of these, and would like to know more.

[goshawkr]

Geoff, can you link me to something that discusses the general laws you say limit USFWS? Or the laws themselves? I haven't heard of these, and would like to know more.

Love to Chesley,

Unfortunately, the general laws are very complex. Thats why there is a huge industry, the law profession, to understand them. And the lawyers seem very adept at making sure there is plenty of reason for them to continue to have a job.

And to be crystal clear, I am no lawyer. But my response earlier in the thread was summing up what I have been told by lawyers over similar issues.

One place that I would recommend starting is to review the general permit provisions that apply to all USFWS permits in 50 CFR 13: http://www.ecfr.gov/cgi-bin/text-idx...13_main_02.tpl