Final Permit Conditions for Abatement Activities Using Raptors, 69705-69706 [E7-23797]

Download as PDF Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Final Permit Conditions for Abatement Activities Using Raptors Fish and Wildlife Service, Interior. ACTION: Notice. rmajette on PROD1PC64 with NOTICES AGENCY: SUMMARY: We, the U.S. Fish and Wildlife Service, have finalized permit conditions to allow the use of raptors protected by the Migratory Bird Treaty Act for abatement activities. We will authorize the use of these raptors for this purpose under our Special Purpose permits. Allowing the use of captivebred raptors to conduct abatement activities is consistent with ensuring the long-term conservation of these species and will serve a public need. FOR FURTHER INFORMATION CONTACT: Shauna Hanisch, U.S. Fish and Wildlife Service, Division of Migratory Bird Management, 4401 North Fairfax Drive, Mail Stop MBSP–4107, Arlington, VA 22203–1610; Shauna_Hanisch@fws.gov; (703) 358–1714. SUPPLEMENTARY INFORMATION: The U.S. Fish and Wildlife Service (FWS or Service) is the Federal agency with primary responsibility for managing migratory birds. Our authority is the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703 et seq.), which implements conventions with Great Britain (for Canada), Mexico, Japan, and the Soviet Union (Russia). The MBTA authorizes us to issue regulations governing permits for migratory bird use. They are found in title 50, Code of Federal Regulations, parts 10, 13, 21, and 22. The Service has implemented a series of migratory bird permit memoranda to ensure consistent implementation of our regulations and policies pertaining to migratory birds. Our latest memorandum in the series (‘‘this memorandum’’) provides guidance that the Service will use in issuing Special Purpose permits (50 CFR 21.27) to authorize the possession and use of raptors protected by the MBTA to abate depredation problems. For purposes of this memorandum, ‘‘abatement’’ means the training and use of raptors to flush, haze, or take birds (or other wildlife where allowed) to mitigate depredation and nuisance problems, including threats to human health and safety. Permit holders may be paid for providing abatement services. We developed this memorandum in response to growing interest in the use of raptors to conduct commercial abatement activities and have determined that authorizing such use is VerDate Aug<31>2005 15:35 Dec 07, 2007 Jkt 214001 consistent with the MBTA and with the long-term conservation of raptor species. In a January 12, 2007, Federal Register notice (72 FR 1556–1557), we published draft permit conditions for Special Purpose-Abatement (SPA) permits and we requested public comment on those draft conditions. Comments from the approximately 85 letters and emails we received were grouped into 58 categories. The four most frequent comments made were: support for the abatement policy, not putting a limit on the number of raptors authorized under an SPA permit, allowing all raptor species currently used in falconry to be used for abatement, and amending the language in Condition I to account for situations where it wouldn’t be safe to leave a carcass in the field. Six State wildlife agencies (AK, AR, AZ, NJ, NM, WY) and 2 USDA Animal and Plant Health Inspection Service Wildlife Services state programs (IL and NJ) sent us comments on the permit conditions. In response to public comments, we clarified what the requirements are to obtain an SPA permit and who may be a subpermittee under an SPA permit; we clarified the requirements for raptors that will be used for both abatement and falconry; and we specified situations where it is not appropriate to leave dead birds in the field. We have also added to the final permit conditions language stating that hybrid raptors are required to be attached with two radio transmitters so that they can be tracked and recovered if they become lost. The final permit conditions are presented below. Applicants for a SPA permit will use FWS Form 3–200–10f, the Migratory Bird Special Purpose—Miscellaneous application form until we complete and obtain approval for an SPA permit application form. The application fee is $100, which is the fee for Special Purpose-Miscellaneous permits, the category under which abatement permits for public safety at airports have been issued. If we determine that the application meets our requirements, we will issue an SPA permit containing the proposed conditions listed below (items A through K). The first three conditions (A, B, and C) are standard for all Special Purpose permits. The remaining conditions (D through K) are specific to SPA permits. Special Purpose-Abatement Permit Conditions A. General conditions set out in Subpart D of 50 CFR 13, and specific conditions contained in federal regulations cited in block 2 above, are PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 69705 hereby made a part of this permit. All activities authorized by this permit must be carried out in accordance with and for the purposes described in the application submitted. Continued validity, or renewal, of this permit is subject to complete and timely compliance with all applicable conditions. B. The validity of this permit is conditioned upon strict observance of all applicable state, local or other federal law. C. Valid for use by permittee named above. D. You are authorized to acquire (including purchase and sell), possess, and train captive-bred raptors, in any quantity and species combination, to include hybrids from those species, of the following migratory bird species for the purpose of conducting abatement activities. [List species common and scientific name.] All raptors must be marked on the metatarsus with a seamless numbered band issued by the U.S. Fish and Wildlife Service. Hybrid raptors must be fitted with two radio transmitters and you are responsible for tracking and retrieving the raptors if they become lost. E. You may not take species protected by the Migratory Bird Treaty Act unless such take is authorized under a federal depredation permit that identifies you as a subpermittee or under a federal depredation order. You do not need a federal permit to scare or herd depredating birds (except for Bald and Golden Eagles or species protected by the Endangered Species Act). You do not need a federal permit to take species that are not protected by the Migratory Bird Treaty Act or any other applicable federal law. F. If you have a falconry permit in addition to an abatement permit, you may use a raptor held under the falconry permit for abatement without transferring the raptor to this abatement permit. However, a raptor held under this abatement permit may only be used for falconry if it is transferred from this abatement permit to a falconry permit. G. Subpermittees: Unless otherwise authorized by the issuing office, a person under your direct control or employed by you, or under contract to you for purposes authorized by this permit, may carry out the permitted activities only if he or she holds a valid falconry permit. An apprentice falconer operating under your permit may fly any species of raptor you hold under this permit when conducting abatement activities. When conducting abatement E:\FR\FM\10DEN1.SGM 10DEN1 69706 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices activities under this permit, each of your subpermittees must have a copy of your abatement permit and a dated letter from you identifying him or her (name, address, falconry permit number) as your subpermittee. H. You must submit a Service form 3– 186A (Migratory Bird Acquisition and Disposition Report) completed in accordance with the instructions on the form for each acquisition and disposition of a raptor. I. If your raptor takes an MBTAprotected bird in the course of conducting abatement and that take is not authorized by a federal depredation order or federal depredation permit, the bird must be left in the field (or the raptor may be allowed to feed on it in the field), except at locations (e.g., airports or airfields) where human safety considerations preclude the bird being left in the field. J. All facilities and equipment must meet standards described in 50 CFR 21.29 and all birds must be maintained under humane and healthful conditions at all times. K. Acceptance of this permit authorizes inspection in accordance with 50 CFR 13.47. Authority: The Migratory Bird Treaty Act, 16 U.S.C. 703–712. Dated: August 22, 2007. Todd Willens, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E7–23797 Filed 12–7–07; 8:45 am] BILLING CODE 4310–55–P Secretary of the Interior shall publish in the Federal Register notice of approved Tribal—State compacts for the purpose of engaging in Class III gaming activities on Indian lands. The Compact allows Class III gaming as a means of promoting tribal economic development, self-sufficiency and strong tribal governments, and also honors the policy of the State of Montana to maintain a uniform regulatory climate that assures players, owners, tourists, citizens and others that gambling in Montana is fair and protected from corrupt influences. Dated: November 16, 2007. Carl J. Artman, Assistant Secretary—Indian Affairs. [FR Doc. E7–23885 Filed 12–7–07; 8:45 am] BILLING CODE 4310–4N–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Indian Gaming AGENCY: Notice of amendment to approved Tribal—State Class III gaming compact. ACTION: SUMMARY: This notice publishes the Approval of the Tribal—State Compact between the State of Washington and the Tulalip Tribe. DATES: FOR FURTHER INFORMATION CONTACT: Bureau of Indian Affairs George T. Skibine, Director, Office of Indian Gaming, Office of the Deputy Assistant Secretary—Policy and Economic Development, Washington, DC 20240, (202) 219–4066. Indian Gaming Bureau of Indian Affairs, Interior. ACTION: Notice of approved Tribal— State Class III gaming compact. AGENCY: rmajette on PROD1PC64 with NOTICES FOR FURTHER INFORMATION CONTACT: George T. Skibine, Director, Office of Indian Gaming, Office of the Deputy Assistant Secretary—Policy and Economic Development, Washington, DC 20240, (202) 219–4066. SUPPLEMENTARY INFORMATION: Under Section 11 of the Indian Gaming Regulatory Act of 1988 (IGRA) Public Law 100–497, 25 U.S.C. § 2710, the Jkt 214001 Under Section 11 of the Indian Gaming Regulatory Act of 1988 (IGRA) Public Law 100–497, 25 U.S.C. 2710, the Secretary of the Interior shall publish in the Federal Register notice of approved Tribal—State compacts for the purpose of engaging in Class III gaming activities on Indian lands. The Amendment allows for a technical amendment of an alternative standard to allow recall of cash and cash equivalent requirements for a player terminal. SUPPLEMENTARY INFORMATION: SUMMARY: This notice publishes the Approval of the Tribal—State Compact between the State of Montana and the Fort Belknap Tribe. DATES: Effective Date: December 10, 2007. 15:35 Dec 07, 2007 Effective Date: December 10, 2007. DEPARTMENT OF THE INTERIOR VerDate Aug<31>2005 Bureau of Indian Affairs, Interior. Dated: November 16, 2007. Carl J. Artman, Assistant Secretary—Indian Affairs. [FR Doc. E7–23886 Filed 12–7–07; 8:45 am] BILLING CODE 4310–4N–P PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY–060–08–1610–DR] Notice of Availability of the Record of Decision for the Casper Resource Management Plan/Environmental Impact Statement, Wyoming Bureau of Land Management, Interior. ACTION: Notice of Availability. AGENCY: SUMMARY: In accordance with the National Environmental Policy Act of 1969 and the Federal Land Policy and Management Act of 1976, and the Bureau of Land Management (BLM) management policies, the BLM announces the availability of the Record of Decision (ROD)/Approved Resource Management Plan (RMP) for the Casper Field Office located in Converse, Goshen, Natrona, and Platte counties, Wyoming. The Wyoming State Director signed the ROD, which constitutes the final decision of the BLM and makes the Approved RMP effective immediately. ADDRESSES: Copies of the ROD/ Approved RMP are available upon request from the Field Manager, Casper Field Office, Bureau of Land Management, 2987 Prospector Drive, Casper, WY 82604 or via the Internet at http://www.blm.gov/rmp/casper/. FOR FURTHER INFORMATION CONTACT: Linda Slone, RMP Project Manager, Bureau of Land Management, 2987 Prospector Drive, Casper, WY 82604; telephone (307) 261–7520; fax (307) 261–7587; e-mail CRMP_wymail@blm.gov with Casper RMP in the subject line. SUPPLEMENTARY INFORMATION: The Approved Casper RMP was developed with broad public participation through a 4 year collaborative planning process. The Approved RMP addresses management on approximately 1.4 million acres of BLM-administered public land surface and 4.7 million acres of Federal mineral estate in eastcentral Wyoming. The ROD/Approved Casper RMP replaces the 1985 Platte River ROD/RMP. The Approved RMP is designed to achieve or maintain desired future conditions developed through the planning process. It includes a series of management actions to meet the desired resource conditions for physical, biological, and heritage resources while providing opportunities for various resource uses: i.e. livestock grazing; energy and mineral exploration and development; rights-of-way and corridors; and recreation and offhighway vehicle use. E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 72, Number 236 (Monday, December 10, 2007)]
[Notices]
[Pages 69705-69706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23797]



[[Page 69705]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Final Permit Conditions for Abatement Activities Using Raptors

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, have finalized permit 
conditions to allow the use of raptors protected by the Migratory Bird 
Treaty Act for abatement activities. We will authorize the use of these 
raptors for this purpose under our Special Purpose permits. Allowing 
the use of captive-bred raptors to conduct abatement activities is 
consistent with ensuring the long-term conservation of these species 
and will serve a public need.

FOR FURTHER INFORMATION CONTACT: Shauna Hanisch, U.S. Fish and Wildlife 
Service, Division of Migratory Bird Management, 4401 North Fairfax 
Drive, Mail Stop MBSP-4107, Arlington, VA 22203-1610; Shauna_Hanisch@fws.gov; (703) 358-1714.

SUPPLEMENTARY INFORMATION: The U.S. Fish and Wildlife Service (FWS or 
Service) is the Federal agency with primary responsibility for managing 
migratory birds. Our authority is the Migratory Bird Treaty Act (MBTA) 
(16 U.S.C. 703 et seq.), which implements conventions with Great 
Britain (for Canada), Mexico, Japan, and the Soviet Union (Russia). The 
MBTA authorizes us to issue regulations governing permits for migratory 
bird use. They are found in title 50, Code of Federal Regulations, 
parts 10, 13, 21, and 22.
    The Service has implemented a series of migratory bird permit 
memoranda to ensure consistent implementation of our regulations and 
policies pertaining to migratory birds. Our latest memorandum in the 
series (``this memorandum'') provides guidance that the Service will 
use in issuing Special Purpose permits (50 CFR 21.27) to authorize the 
possession and use of raptors protected by the MBTA to abate 
depredation problems. For purposes of this memorandum, ``abatement'' 
means the training and use of raptors to flush, haze, or take birds (or 
other wildlife where allowed) to mitigate depredation and nuisance 
problems, including threats to human health and safety. Permit holders 
may be paid for providing abatement services. We developed this 
memorandum in response to growing interest in the use of raptors to 
conduct commercial abatement activities and have determined that 
authorizing such use is consistent with the MBTA and with the long-term 
conservation of raptor species.
    In a January 12, 2007, Federal Register notice (72 FR 1556-1557), 
we published draft permit conditions for Special Purpose-Abatement 
(SPA) permits and we requested public comment on those draft 
conditions. Comments from the approximately 85 letters and emails we 
received were grouped into 58 categories. The four most frequent 
comments made were: support for the abatement policy, not putting a 
limit on the number of raptors authorized under an SPA permit, allowing 
all raptor species currently used in falconry to be used for abatement, 
and amending the language in Condition I to account for situations 
where it wouldn't be safe to leave a carcass in the field. Six State 
wildlife agencies (AK, AR, AZ, NJ, NM, WY) and 2 USDA Animal and Plant 
Health Inspection Service Wildlife Services state programs (IL and NJ) 
sent us comments on the permit conditions. In response to public 
comments, we clarified what the requirements are to obtain an SPA 
permit and who may be a subpermittee under an SPA permit; we clarified 
the requirements for raptors that will be used for both abatement and 
falconry; and we specified situations where it is not appropriate to 
leave dead birds in the field. We have also added to the final permit 
conditions language stating that hybrid raptors are required to be 
attached with two radio transmitters so that they can be tracked and 
recovered if they become lost. The final permit conditions are 
presented below.
    Applicants for a SPA permit will use FWS Form 3-200-10f, the 
Migratory Bird Special Purpose--Miscellaneous application form until we 
complete and obtain approval for an SPA permit application form. The 
application fee is $100, which is the fee for Special Purpose-
Miscellaneous permits, the category under which abatement permits for 
public safety at airports have been issued. If we determine that the 
application meets our requirements, we will issue an SPA permit 
containing the proposed conditions listed below (items A through K). 
The first three conditions (A, B, and C) are standard for all Special 
Purpose permits. The remaining conditions (D through K) are specific to 
SPA permits.

Special Purpose-Abatement Permit Conditions

    A. General conditions set out in Subpart D of 50 CFR 13, and 
specific conditions contained in federal regulations cited in block 2 
above, are hereby made a part of this permit. All activities authorized 
by this permit must be carried out in accordance with and for the 
purposes described in the application submitted. Continued validity, or 
renewal, of this permit is subject to complete and timely compliance 
with all applicable conditions.
    B. The validity of this permit is conditioned upon strict 
observance of all applicable state, local or other federal law.
    C. Valid for use by permittee named above.
    D. You are authorized to acquire (including purchase and sell), 
possess, and train captive-bred raptors, in any quantity and species 
combination, to include hybrids from those species, of the following 
migratory bird species for the purpose of conducting abatement 
activities.

[List species common and scientific name.]

    All raptors must be marked on the metatarsus with a seamless 
numbered band issued by the U.S. Fish and Wildlife Service. Hybrid 
raptors must be fitted with two radio transmitters and you are 
responsible for tracking and retrieving the raptors if they become 
lost.
    E. You may not take species protected by the Migratory Bird Treaty 
Act unless such take is authorized under a federal depredation permit 
that identifies you as a subpermittee or under a federal depredation 
order. You do not need a federal permit to scare or herd depredating 
birds (except for Bald and Golden Eagles or species protected by the 
Endangered Species Act). You do not need a federal permit to take 
species that are not protected by the Migratory Bird Treaty Act or any 
other applicable federal law.
    F. If you have a falconry permit in addition to an abatement 
permit, you may use a raptor held under the falconry permit for 
abatement without transferring the raptor to this abatement permit. 
However, a raptor held under this abatement permit may only be used for 
falconry if it is transferred from this abatement permit to a falconry 
permit.
    G. Subpermittees: Unless otherwise authorized by the issuing 
office, a person under your direct control or employed by you, or under 
contract to you for purposes authorized by this permit, may carry out 
the permitted activities only if he or she holds a valid falconry 
permit. An apprentice falconer operating under your permit may fly any 
species of raptor you hold under this permit when conducting abatement 
activities. When conducting abatement

[[Page 69706]]

activities under this permit, each of your subpermittees must have a 
copy of your abatement permit and a dated letter from you identifying 
him or her (name, address, falconry permit number) as your 
subpermittee.
    H. You must submit a Service form 3-186A (Migratory Bird 
Acquisition and Disposition Report) completed in accordance with the 
instructions on the form for each acquisition and disposition of a 
raptor.
    I. If your raptor takes an MBTA-protected bird in the course of 
conducting abatement and that take is not authorized by a federal 
depredation order or federal depredation permit, the bird must be left 
in the field (or the raptor may be allowed to feed on it in the field), 
except at locations (e.g., airports or airfields) where human safety 
considerations preclude the bird being left in the field.
    J. All facilities and equipment must meet standards described in 50 
CFR 21.29 and all birds must be maintained under humane and healthful 
conditions at all times.
    K. Acceptance of this permit authorizes inspection in accordance 
with 50 CFR 13.47.

    Authority: The Migratory Bird Treaty Act, 16 U.S.C. 703-712.

    Dated: August 22, 2007.
Todd Willens,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E7-23797 Filed 12-7-07; 8:45 am]
BILLING CODE 4310-55-P