Person
(iii) Person means a person as defined by section 3(13) of the Act. (iv) Qualified biologist means an individual with a combination of academic training in the area of wildlife biology or related discipline and demonstrated field experience in the identification and life history of nene. (2) Prohibitions. The following prohibitions apply to the nene except as provided under paragraph (d)(3) of this section and 17.4 through 17.6: (i) Import or export as provided in 17.21(b). (ii) Take as provided in 17.21(c)(1). (iii) Possession and other acts with unlawfully taken specimens as provided in 17.21(d)(1). (iv) Interstate or foreign commerce in the course of commercial activity as provided in 17.21(e). (v) Sale or offer for sale as provided in 17.21(f). (vi) Attempt to commit, solicit another to commit, or to cause to be committed, any of the acts described in paragraphs (d)(2)(i) through (v) of this section. (3) Exceptions from prohibitions. The following exceptions from prohibitions apply to the nene: (i) Authorization provided under 17.32. (ii) Take as provided in 17.21(c)(2) through (7). However, 17.21(c)(5)(i) through (iv) does not apply. (iii) Take incidental to an otherwise lawful activity caused by: (A) Intentional harassment of nene that is not likely to cause direct injury or mortality. A person may harass nene on lands they own, rent, or lease, if the action is not likely to cause direct injury or mortality of nene. Techniques for such harassment may include the use of predator effigies (including raptor kites, predator replicas, etc.), commercial chemical bird repellents, ultrasonic repellers, audio deterrents (noisemakers, pyrotechnics, etc.), herding or harassing with trained or tethered dogs, or access control (including netting, fencing, etc.). Nene may also be harassed in the course of surveys that benefit and further the recovery of nene. Such harassment techniques must avoid causing direct injury or mortality to nene. Before implementation of any such intentional harassment activities during the nene breeding season (September through April), a qualified biologist knowledgeable about the nesting behavior of nene must survey in and around the area to determine whether a nest or goslings are present. If a nest is discovered, the Service and authorized State wildlife officials must be notified within 72 hours (see paragraph (d)(4) of this section for contact information) and the following measures implemented to avoid disturbance of nests and broods: