Migratory Bird Permits; Abatement Permit Regulations, 17374-17380 [2015-07387]
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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules
Officer for the Department of the
Interior at Office of Management and
Budget (OMB–OIRA) at (202) 395–5806
(fax) or OIRA_Submission@omb.eop.gov
(email). Please provide a copy of your
comments to the Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, 5275 Leesburg
Pike, MS PPM, Falls Church, VA 22041–
3830 (mail), or Hope_Grey@fws.gov
(email).
FOR FURTHER INFORMATION CONTACT:
George Allen at 703–358–1825.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 13 and 21
[Docket No. FWS–R9–MB–2009–0045;
FF09M21200–134–FXMB1232099BPP0]
RIN 1018–AW75
Migratory Bird Permits; Abatement
Permit Regulations
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We propose permit
regulations to govern the use of captivebred, trained raptors to control or take
birds or other wildlife to mitigate
damage or other problems, including
risks to human health and safety. This
action would allow us to respond to
increasing public interest in the use of
trained raptors to haze (scare)
depredating and other problem birds
from airports and agricultural crops
while maintaining our statutory
responsibility to protect migratory birds.
DATES: There are two dates for
submissions relevant to this proposed
rule. Electronic comments on this
proposed rule via https://
www.regulations.gov must be submitted
by 11:59 p.m. Eastern time on June 30,
2015. Comments submitted by mail
must be postmarked no later than June
30, 2015. Comments on the information
collection must be submitted by May 1,
2015.
ADDRESSES: We are soliciting comments
on two separate actions with different
addresses: (1) A proposed rule, and (2)
information collection. You may submit
comments for the proposed regulation
by either one of the following two
methods:
• Federal eRulemaking portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–R9–MB–2009–
0045.
• U.S. mail or hand delivery: Public
Comments Processing, Attention: FWS–
R9–MB–2009–0045; Division of Policy
and Performance Management; U.S.
Fish and Wildlife Service; 5275
Leesburg Pike, MS MB; Falls Church,
VA 22041–3830.
We will not accept email or faxes. We
will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information that you provide. See the
Public Comments section below for
more information.
Submit comments on the information
collection requirements to the Desk
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SUMMARY:
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Background
The U.S. Fish and Wildlife Service
(FWS or Service) is the Federal agency
delegated the primary responsibility for
managing migratory birds. This
delegation is authorized by 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). We implement the
provisions of the MBTA through
regulations in parts 10, 13, 20, 21, and
22 of title 50 of the Code of Federal
Regulations (CFR). Regulations
pertaining to migratory bird permits are
at 50 CFR part 21; subpart C of part 21
contains regulations for specific permit
provisions.
In response to public interest in the
use of trained raptors to haze
depredating and other problem birds
from airports and agricultural crops, we
drafted a policy in 2007 to establish a
migratory bird abatement permit. On
January 12 of that year, we published a
Federal Register notice containing draft
permit conditions for abatement permits
for public comment (72 FR 1556–1557).
On December 10, 2007, we published a
Federal Register notice (72 FR 69705–
69706) announcing final permit
conditions, accompanied by Migratory
Bird Permit Memorandum Number 5,
Abatement Activities Using Raptors,
issued August 22, 2007, available at
https://www.fws.gov/migratorybirds/
mbpermits/Memorandums/
AbatementActivitiesUsingRaptors.pdf.
The 2007 policy Memorandum and
conditions have governed
administration of Federal Migratory
Bird Special Purpose Abatement (SPA)
permits (Federal abatement permits)
through the present time. The
provisions for abatement in the
Memorandum have worked well, but we
have seen increased use of the Special
Purpose permits, and the States have
inquired about abatement activities that
are not addressed in the Memorandum.
Therefore, on July 6, 2011, we
announced through an advance notice
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of proposed rulemaking (ANPR) that
published in the Federal Register that
we were considering developing
regulations to govern the use of raptors
in abatement (76 FR 39368).
Most of the comments we received on
the ANPR supported development of
regulations for abatement. This
proposed rule largely incorporates the
conditions and procedures that
governed abatement permits under the
2007 Memorandum and language
developed in response to the public
comments. The permit that would be
established under the proposed
regulations would provide the public
with a nonlethal management tool to
mitigate problems caused by birds and
other wildlife.
Proposed Permit Provisions
An abatement permit would authorize
the use of trained, captive-bred raptors
protected under the MBTA to abate
problems caused by migratory birds or
other wildlife. A permittee would have
to be a Master falconer in good standing
under the Federal falconry regulations
(50 CFR 21.29). A Master falconer or a
General falconer with 3 or more years of
experience at the General falconer level
would be allowed to conduct abatement
activities as a subpermittee. We would
issue abatement permits only to U.S.
resident Master falconers.
We would not limit the number of
raptors an abatement permit holder may
possess under a Federal abatement
permit if the raptors are used in
abatement and are maintained under
humane and healthful conditions as
required in 50 CFR 13.41, and if the
permittee’s facilities and equipment
meet the standards in 50 CFR 21.29. We
would require each captive-bred MBTA
raptor held or used under an abatement
permit to be banded with a seamless
metal band issued by the Service, unless
exempted because of problems caused
by the band. State wildlife agencies may
have additional requirements for
maintaining raptors.
The abatement permit holder would
not be authorized to use birds he or she
possesses under other types of permits
for abatement activities, except that
falconry birds could be used for
abatement if no compensation is
received for the service. The proposed
regulations also would not allow a
raptor held under a Federal abatement
permit to be used for falconry.
A Federal abatement permit, by itself,
would not authorize the killing,
injuring, or other take of migratory birds
or other wildlife. Any take of protected
migratory birds by an abatement permit
holder must be authorized by hunting
regulations, a Federal depredation
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order, or a depredation permit issued to
the landowner. Harassment,
disturbance, or other take of bald eagles
(Haliaeetus leucocephalus), golden
eagles (Aquila chrysaetos), or
endangered or threatened species by an
abatement permit holder would have to
be authorized by the appropriate
Federal permit. Abatement activities
also would have to be conducted in
accordance with any other applicable
Federal, State, tribal, or municipal laws.
Raptors that could be used for
abatement under these proposed
regulations include all native raptor
species listed in 50 CFR 10.13 except
bald eagles and golden eagles. Included
are falconiformes (forest-falcons,
caracaras, and falcons); accipitriformes
(vultures, osprey, kites, hawks, and
eagles [except bald eagles and golden
eagles]); and strigiformes (owls).
Possession and use for abatement of
exotic raptor species that are not on the
list of MBTA-protected species at 50
CFR 10.13 is not regulated under the
MBTA and is outside the scope of the
proposed regulations. However, hybrid
raptors of MBTA-protected species are
subject to this proposed regulation.
An applicant for a Federal abatement
permit would have to complete and
submit Service application form 3–200–
79 (https://www.fws.gov/forms/3-20079.pdf) to his or her Regional Migratory
Bird Permit Office.
Permit Application Processing Fee
We propose to charge a fee sufficient
to offset the estimated costs associated
with processing the application and
annual reports and our periodic review
of these permits. Revised Office of
Management and Budget (OMB) circular
A–25 directs Executive Branch agencies
to recover costs, stating that, ‘‘When a
service (or privilege) provides special
benefits to an identifiable recipient
beyond those that accrue to the general
public, a charge will be imposed (to
recover the full cost to the Federal
Government for providing the special
benefit, or the market price).’’ Further,
Circular A–25 directs that, ‘‘Except as
provided in Section 6c, user charges
will be sufficient to recover the full cost
to the Federal Government (as defined
in Section 6d) of providing the service,
resource, or good when the Government
is acting in its capacity as sovereign.’’
Thus, the directive to the Service is to
recover the costs for working with
applicants to issue permits and to
summarize reporting. We estimate that
processing an abatement permit
application will take up to 2 hours of a
permit examiner’s time (or about $101,
on average) and 1⁄4 hour of a permit
supervisor’s time (or about $18, on
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average) at current hourly rates. Our
proposed processing fee of $150 should
recover our costs for most permits for
the next several years.
Issues From the ANPR
We considered the comments on the
advance notice of proposed rulemaking,
and have drafted proposed regulations
accordingly.
Issue. Subpermittees should be
allowed to conduct abatement activities
outside the direct supervision of the
SPA permit holder.
Response. The proposed regulations
would allow subpermittees (Master
falconers and General falconers with 3
or more years of experience at the
General falconer level) to conduct
abatement. Direct supervision by the
permittee would not be required.
Issue. ‘‘Limiting the species that
should be authorized may encumber
abatement activity. NAFA [North
American Falconers Association] finds
that often the species of bird used will
depend on the species to be abated and
the circumstances (i.e., gulls soaring
over an airport may be best abated by
using a falcon, where gulls roosting in
an area may best be abated using a
goshawk). . . Rabbits may be destroying
crops and two of the best raptors for the
abatement of rabbits are the red tailed
hawk and Harris’ hawk. Similarly,
restricting the use of golden eagles may
be short sighted. Canada geese present
huge problems for abatement and the
most effective species for use in
abatement of the Canada goose may well
be the golden eagle. The appropriate
species of raptor to be used to conduct
abatement should be the permittee’s
decision.’’
Response. In this proposed regulation,
most MBTA-listed raptor species could
be used in abatement. However, the
Bald and Golden Eagle Protection Act
(16 U.S.C. 668–668d) does not allow the
use of bald eagles for falconry or
abatement, and does not allow the use
of golden eagles in abatement.
Issue. The use of all falconry birds,
including wild-caught birds, for
abatement should be allowed. Falconry
birds are trained in the same manner as
abatement birds. There appears to be no
substantial justification not to allow use
of wild-caught falconry raptors in
abatement operations.
Response. We believe that using wildcaught raptors in commercial activities
could conflict with the intent of
Congress to protect wild populations of
birds from commercial exploitation.
Issue. Any person authorized by the
primary permittee should be allowed to
care for the birds, such as feeding,
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watering, and weathering, similar to the
provisions found in 50 CFR 21.29(d)(7).
Response. This proposed regulation
allows this care of abatement raptors.
Issue. Only Master falconers should
be permitted for abatement; Master and
general falconers should be allowed as
subpermittees for both flying and
caretaking of raptors.
Response. This proposed regulation
would allow other Master falconers and
General falconers with 3 or more years
of experience at the General falconer
level to be subpermittees.
Issue. The same housing and facilities
standards under the Federal falconry
regulations at 50 CFR 21.29 should be
applied to abatement permits, including
the defined temporary housing
husbandry standards. Permit holders’
facilities should be inspected and
approved for use prior to issuance of the
abatement permit as defined under the
Federal falconry regulations.
Response. This proposed regulation
would require facilities and care as
specified in the falconry regulations.
Issue. We believe the proposed
permitting process can be streamlined,
more effectively described, and justified
relative to the existing Federal and State
falconry permitting system. A simplified
process would be to permit abatement
activities for State-permitted falconers
within the framework of existing
regulation rather than to establish standalone regulations under abatement
permits. Such integration would reduce
confusion and administrative
complexity to the states.
Response. Though we appreciate the
concern about simplification of
regulations, we do not believe it would
be appropriate to regulate falconry and
abatement under one set of regulations.
Falconry is a recreational and sporting
activity. Abatement requires the use of
falconry techniques in caring for and
training abatement raptors, but it is
usually a commercial activity that often
requires the possession and
management of many more birds than
falconry requires. In addition, though
we expect all falconry permitting to be
handled by the States after January 1,
2014, we do not expect abatement
permitting to be done by all States.
Issue. Several commenters wanted the
Service to allow the use of falconry
birds in abatement: ‘‘The Service should
allow the use of subpermittees’ birds for
abatement and for falconry. Hawks are
best kept in shape and healthy by
pursuing game when not actively doing
abatement jobs. Raptors held under
abatement permits should be able to
conduct both activities to keep them
fit.’’
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Issue. ‘‘Subpermittees should only be
allowed to use their own birds if they
are master falconers. Allowing falconers
to use their own birds would confound
the requirement that abatement permit
holders be master falconers. Master
falconers have a higher level of
experience and, thus, are more suited to
accomplish abatement activities.’’
Issue. ‘‘A subpermittee should be
allowed to use captive-bred birds held
on his or her falconry permit for
abatement activities.’’
Response. We do not propose to allow
birds held on abatement permits to be
used for falconry. Further, while
allowing abatement permittees and
subpermittees to use falconry birds in
abatement might have some value, we
are concerned about potential
enforcement difficulties for State and
Federal law enforcement officers and
about potential exploitation of the
liberal possession limits for Master
falconers under the falconry regulations.
Under the proposed regulations, we
would not allow the use of falconry
birds in abatement.
Issue. Falconers with abatement
permits, and perhaps subpermittees,
too, should be allowed to use their
falconry birds for abatement.
Response. For the reasons provided in
the response above, and because of
concerns about the use of wild-caught
falconry birds for commercial purposes,
these proposed regulations would not
allow the use of falconry birds in
abatement unless the permittee receives
no compensation for the abatement
services.
Issue. The Memorandum’s stipulation
that hybrids be fitted with a minimum
of two radio transmitters so that the
birds may be tracked and recovered in
the event they are lost is consistent with
the federal falconry regulations.
However, the notice does not include a
like stipulation.
Response. This proposed regulation
would require that hybrids be fitted
with a minimum of two radio
transmitters.
Issue. Species limits should follow
State and Federal falconry regulations. If
additional limits are imposed, then a
resulting compliance issue will add a
further level of complexity to State
falconry management. Alternatively,
raptors used in abatement activities
could be banded with an FWS band as
is required for a select number of
species under the federal falconry
regulations.
Response. Conducting abatement
might require many birds in order to
address depredation issues. For
example, conducting abatement at a
large airport might require that a
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number of falcons be available to keep
rested abatement birds in the air. A
concurrent job might require the use of
a number of buteos. Therefore, we do
not propose to limit the number of
raptors an abatement permittee may
possess.
Only captive-bred raptors would be
allowed in abatement, and each would
have to be banded with a seamless FWS
band. We do not believe that additional
banding is needed. The raptors could be
purchased from, or sold or transferred
to, authorized permittees.
Issue. The abatement permit holder
should be required to complete an
annual report of all abatement activities,
not limited to only those instances
where take is involved as required in
the Memorandum. Annual reports
should include: Location, date,
landowner/business owner information,
raptors used, subpermittees, and other
appropriate information for each
abatement activity that is conducted
within and outside the permit holder’s
state of residence.
Response. An annual report that
requires this information is included in
the proposed regulations.
Issue. ‘‘I would like to see insurance
become a part of the application
process.’’
Response. Our authority allows us to
require accurate recordkeeping of
abatement activities and acquisition and
disposition of raptors held under the
permit. We do not believe we may put
requirements for insurance or other
aspects of the business operations for
abatement activities into our migratory
bird regulations.
Issue. Contracts between permittees
and subpermittees should be left
unregulated. These contracts are beyond
the scope of the MBTA. The birds are
personal property and not of wild origin
and beyond the scope of the FWS
protecting migratory raptors.
Response. We do not propose to be
involved in the contracts between
permittees and subpermittees. However,
we disagree that captive-bred raptors are
‘‘beyond the scope of the FWS
protecting migratory raptors.’’ Neither
the statute nor the regulations excludes
protections on the basis of whether the
bird was taken from the wild or is
captive-bred. In fact, the definition of
migratory bird in 50 CFR 10.12 ‘‘means
any bird, whatever its origin and
whether or not raised in captivity,
which belongs to a species listed in
§ 10.13 . . .’’
Public Comments
You may submit your comments and
supporting materials by one of the
methods listed in ADDRESSES. We will
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not consider comments sent by email or
fax, or written comments sent to an
address other than the one listed in
ADDRESSES. Comments and materials we
receive, as well as supporting
documentation we used in preparing
this proposed rule, are available for
public inspection at https://
www.regulations.gov. We will post your
entire comment—including your
personal identifying information—on
https://www.regulations.gov. You may
request at the top of your document that
we withhold personal information such
as your street address, phone number, or
email address from public review;
however, we cannot guarantee that we
will be able to do so.
Required Determinations
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) will review all significant
rules. OIRA has determined that this
rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
Regulatory Flexibility Act (5 U.S.C. 601
et seq.)
Under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act (SBREFA) of 1996 (Pub. L.
104–121)), whenever an agency is
required to publish a notice of
rulemaking for any proposed or final
rule, it must prepare and make available
for public comment a regulatory
flexibility analysis that describes the
effect of the rule on small businesses,
small organizations, and small
government jurisdictions. However, no
regulatory flexibility analysis is required
if the head of an agency certifies the rule
would not have a significant economic
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impact on a substantial number of small
entities.
SBREFA amended the Regulatory
Flexibility Act to require Federal
agencies to provide the statement of the
factual basis for certifying that a rule
would not have a significant economic
impact on a substantial number of small
entities. We have examined this
proposed rule’s potential effects on
small entities as required by the
Regulatory Flexibility Act and
determined that this action would not
have a significant economic impact on
a substantial number of small entities
because there are fewer than 100
abatement permittees in the United
States. Consequently, we certify that
because this proposed rule would not
have a significant economic effect on a
substantial number of small entities, a
regulatory flexibility analysis is not
required.
This proposed rule is not a major rule
under SBREFA (5 U.S.C. 804(2)). It
would not have a significant impact on
any small entities.
a. This proposed rule would not have
an annual effect on the economy of $100
million or more.
b. This proposed rule would not cause
a major increase in costs or prices for
consumers; individual industries;
Federal, State, or local government
agencies; or geographic regions.
c. This proposed rule would not have
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
Unfunded Mandates Reform Act
In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et
seq.), we have determined the following:
a. This proposed rule would not
‘‘significantly or uniquely’’ affect small
governments. A small government
agency plan is not required. The
proposed regulations changes would not
affect small government activities in any
significant way.
b. This proposed rule would not
produce a Federal mandate of $100
million or greater in any year. It is not
a ‘‘significant regulatory action’’ under
the Unfunded Mandates Reform Act.
Takings
In accordance with E.O. 12630, the
rule would not have significant takings
implications. This proposed rule
contains no provision that could
constitute taking of private property.
Therefore, a takings implication
assessment is not required.
Federalism
This proposed rule would not have
sufficient Federalism effects to warrant
preparation of a Federalism assessment
under E.O. 13132. It would not interfere
with the States’ abilities to manage
themselves or their funds. No significant
economic impacts are expected to result
from the regulations change.
Civil Justice Reform
In accordance with E.O. 12988, the
Office of the Solicitor has determined
that the rule would not unduly burden
the judicial system and meets the
requirements of sections 3(a) and 3(b)(2)
of the Order.
Paperwork Reduction Act
This proposed rule contains a new
information collection for which Office
of Management and Budget approval is
required under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
We may not conduct or sponsor and you
are not required to respond to a
collection of information unless it
displays a currently valid OMB control
number. OMB has reviewed and
approved the collections of information
for (1) applications for abatement and
depredation permits, (2) annual
reporting for depredation permits, and
(3) reporting of acquisition and
disposition of migratory birds. These
information collections are covered by
existing OMB Control No. 1018–0022,
which will expire on February 28, 2017.
OMB has also approved the
recordkeeping and reporting associated
with depredation orders and assigned
OMB Control Numbers 1018–0022.
We are asking OMB to approve the
following new information collection
Number of
respondents
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Activity
requirements associated with this
proposed rule:
• Each Abatement permittee must
provide each of his or her subpermittees
with a legible copy of his or her
abatement permit and an original signed
and dated letter designating the person
as a subpermittee for part or all of the
authorized activities (§ 21.32(e)(2)(ii)).
• Each subpermittee must report take
under a depredation order to the permit
holder (§ 21.32(e)(2)(iii)(A)).
• Each permittees must maintain
complete and accurate records of the
activities conducted under the
abatement permit, including, but not
limited to: (1) The name and address of
the property owner; (2) the location,
date(s), and crop or property protected
for each abatement job that permit
holders and each of their subpermittees
conduct; (3) the date, species, and
location of any unintentional take that
occurs; (4) the name, address, and
falconry permit number of each
subpermittee, and any subpermittee
designation letters; (5) the raptors used
for each job; (6) FWS form 3–186A for
each acquisition and disposal of birds;
and (7) documentation for acquisition
and disposal of feathers. You must
retain these records for 5 years
following the end of the last calendar
year covered by the records
(§ 21.32(e)(8)(ii) and (iii) and
§ 21.32(e)(11)).
• Each permittee must submit an
annual report to his or her migratory
bird permit issuing office. The report
must include the information required
in Service form 3–202–22–2133
(§ 21.32(e)(11) and (12)).
Title: Abatement Permit Reporting
and Recordkeeping, 50 CFR 21.32.
OMB Control Number: 1018–0022.
Service Form Number: 3–202–22–
2133.
Description of Respondents: Master
falconers conducting paid abatement or
having subpermittees conduct paid
abatement.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion.
Number of
responses
Completion time per
response
Total annual
burden hours
Designation Letter (§ 21.32(e)(2)(ii)) .......................................................
Subpermittees Report of Take (§ 21.32(e)(2)(iii)(A)) ..............................
Recordkeeping (§ 21.32(e)(8)(ii) and (iii) and § 21.32(e)(11)) ................
Annual Reports (§ 21.32(e)(11) and (12)) ..............................................
100
200
100
100
200
200
100
100
10 minutes ......................
1 hour .............................
5 hours ...........................
1 hours ...........................
331⁄3
200
500
100
Totals ...............................................................................................
100
200
7 hours ...........................
∼833
As part of our continuing effort to
reduce paperwork and respondent
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burdens, we invite the public and other
Federal agencies to comment on any
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aspect of the reporting burden,
including:
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• Whether or not the collection of
information is necessary, including
whether or not the information will
have practical utility;
• The accuracy of our estimate of the
burden for this collection of
information;
• Ways to enhance the quality, utility,
and clarity of the information to be
collected; and
• Ways to minimize the burden of the
collection of information on
respondents.
Send your comments and suggestions
on this information collection to the
Desk Officer for the Department of the
Interior at OMB–OIRA at (202) 395–
5806 (fax) or OIRA_Submission@omb.
eop.gov (email). Please provide a copy
of your comments to the Service
Information Collection Clearance
Officer, U.S. Fish and Wildlife Service,
MS PPM, 5275 Leesburg Pike, Falls
Church, VA 22041–3830 (mail), or Hope
_Grey@fws.gov (email).
National Environmental Policy Act
We have analyzed this proposed rule
in accordance with the National
Environmental Policy Act (NEPA), 42
U.S.C. 432–437(f). Using captive-bred
raptors in abatement would mean
harassing wildlife to solve depredation
or other wildlife problems. Because no
raptors could be taken from the wild for
this activity and take of migratory birds
would not be authorized, this proposed
regulation would have negligible
environmental effects.
Categorical exclusion Part 516
8.5(C)(1) in the Department of the
Interior Manual is the following.
The issuance, denial, suspension, and
revocation of permits for activities involving
fish, wildlife, or plants regulated under 50
CFR Chapter 1, Subsection B, when such
permits cause no or negligible environmental
disturbance. These permits involve
endangered and threatened species, species
listed under the Convention on International
Trade in Endangered Species of Wild Fauna
and Flora (CITES), marine mammals, exotic
birds, migratory birds, eagles, and injurious
wildlife.
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Further, none of the extraordinary
circumstances in 43 CFR 46.215 apply
to the proposed regulation. Therefore,
the proposed regulation is categorically
excluded from further NEPA evaluation.
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Endangered and Threatened Species
Section 7 of the Endangered Species
Act (ESA) of 1973, as amended (16
U.S.C. 1531 et seq.), requires that the
Secretary of the Interior use other
programs in furtherance of the purposes
of the ESA (16 U.S.C. 1536(a)(1)). It also
states that the Federal agency must
‘‘insure that any action authorized,
funded, or carried out . . . is not likely
to jeopardize the continued existence of
any endangered species or threatened
species or result in the destruction or
adverse modification of [critical]
habitat’’ (16 U.S.C. 1536(a)(2)). This
proposed rule would not affect
endangered or threatened species or
critical habitats. Abatement activities
would not be allowed in circumstances
where harassment or take of endangered
or threatened species could occur. Take
of endangered or threatened species
would require an ESA permit.
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), E.O.
13175, and 512 DM 2, we have
evaluated potential effects on federally
recognized Indian tribes. We have
determined that this proposed rule
would not interfere with tribes’ abilities
to manage themselves, their funds, or
tribal lands.
Energy Supply, Distribution, or Use
(Executive Order 13211)
E.O. 13211 addresses regulations that
significantly affect energy supply,
distribution, and use. E.O. 13211
requires agencies to prepare Statements
of Energy Effects when undertaking
certain actions. This rule is not a
significant regulatory action under E.O.
13211, and no Statement of Energy
Effects is required.
Clarity of This Regulation
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must: (1) Be logically organized;
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(2) use the active voice to address
readers directly; (3) use clear language
rather than jargon; (4) be divided into
short sections and sentences; and (5) use
lists and tables wherever possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in ADDRESSES. To
better help us revise the rule, your
comments should be as specific as
possible. For example, you should tell
us the numbers of the sections or
paragraphs that are unclearly written,
which sections or sentences are too
long, the sections where you feel lists or
tables would be useful, etc.
List of Subjects
50 CFR Part 13
Administrative practice and
procedure, Exports, Fish, Imports,
Plants, Reporting and recordkeeping
requirements, Transportation, Wildlife.
50 CFR Part 21
Birds, Exports, Imports, Migratory
Birds, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Proposed Regulation Promulgation
For the reasons described in the
preamble, we propose to amend
subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as set forth
below.
PART 13—GENERAL PERMIT
PROCEDURES
1. The authority citation for part 13
continues to read as follows:
■
Authority: 16 U.S.C. 668a, 704, 712, 742j–
l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374,
4901–4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31
U.S.C. 9701.
2. Amend the table in § 13.11(d)(4) by
adding an entry for ‘‘Migratory Bird
Abatement’’ immediately following the
entry for ‘‘Migratory Bird
Rehabilitation’’ to read as follows.
■
§ 13.11
*
Application procedures.
*
*
*
*
(d) * * *
(4) User fees. * * *
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Type of permit
CFR citation
Amendment
fee
Fee
Migratory Bird Treaty Act
*
*
*
*
*
Migratory Bird Abatement .......................................................................... 50 CFR 21 .......................................
*
*
*
PART 21—MIGRATORY BIRD PERMITS
3. The authority citation for part 21
continues to read as follows:
■
Authority: 16 U.S.C. 703–712.
4. Amend § 21.3 by adding a
definition for ‘‘Abatement’’ in
alphabetical order to read as follows:
■
§ 21.3
Definitions.
*
*
*
*
*
Abatement as used in § 21.32 means
the use of a trained raptor to scare,
flush, or haze wildlife to manage
depredation or other damage, including
threats to human health and safety,
caused by the wildlife.
*
*
*
*
*
■ 5. Amend § 21.29 by revising
paragraph (f)(11)(ii) and adding
paragraph (f)(11)(iii) to read as follows:
§ 21.29 Falconry standards and falconry
permitting.
*
*
*
*
*
(f) * * *
(11) * * *
(ii) You may receive payment for
providing abatement services if you
have an abatement permit (see § 21.32 of
this subpart).
(iii) You may conduct abatement
without an abatement permit if you are
not compensated for doing so.
*
*
*
*
*
■ 6. Add § 21.32 to read as follows:
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§ 21.32
Abatement permit.
(a) Authorization and scope. (1) An
abatement permit authorizes possession
and use of captive-bred raptors
protected by the Migratory Bird Treaty
Act to flush or haze (scare) birds or
other wildlife to mitigate depredation or
other damage, including threats to
human health and safety.
(2) An abatement permit does not
authorize the take (such as capturing,
killing, injuring, or collecting) of
wildlife. Any take of federally protected
wildlife must be authorized by a
separate permit or regulation.
(3) An abatement permit authorizes
the purchase, sale, or barter of captivebred raptors with seamless bands for
abatement purposes.
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*
*
(4) An abatement permittee may
charge for his or her services.
(5) A permitted falconer may conduct
abatement without an abatement permit
if he or she is not compensated for
doing so.
(b) Qualification requirement. You
must possess a valid U.S. Master
falconer permit in accordance with
§ 21.29 to qualify for an abatement
permit.
(c) Application procedures. You must
apply to the appropriate Regional
Migratory Bird Permit Office. You can
find the addresses for the Regional
Offices in § 2.2 of subchapter A of this
chapter. Your application package must
include a completed application (FWS
form 3–200–79) and a copy of your
Master falconer permit. You must apply
as an individual, but you may include
the name of the company under which
you are doing business.
(d) Issuance criteria. Upon receiving a
complete application, the Permit Office
will decide whether to issue you a
permit based on the general criteria of
§ 13.21 of this chapter and whether you
hold a valid U.S. Master falconer
permit.
(e) Permit conditions. In addition to
the general permit conditions set forth
in part 13 of this chapter, abatement
permittees are subject to the following
conditions:
(1) An abatement permit is valid only
if your Master falconer permit is valid.
(2) Subpermittees. We allow certain
activities to be carried out by
subpermittees as follows:
(i) Except as provided in paragraph
(e)(2)(v) of this section, only a Master
falconer or a General falconer with 3 or
more years of experience at the General
falconer level may be a subpermittee
under your abatement permit and
conduct abatement activities on your
behalf. You are responsible for all
activities conducted under your
abatement permit.
(ii) You must provide each
subpermittee with a legible copy of your
permit and an original signed and dated
letter designating the person as a
subpermittee for part or all of the
authorized activities.
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*
*
150
*
50
*
(iii) Each subpermittee must carry and
display a copy of your abatement
permit, the designation letter, and a
copy of their valid falconry permit when
conducting abatement activities under
your permit.
(iv) You are responsible for
maintaining current records of who you
have designated as a subpermittee,
including copies of the designation
letters you have provided.
(v) If your State allows it, you may
designate an individual who is not a
falconer to provide care for raptors held
under your abatement permit.
(3) Taking protected wildlife. Any
take of federally protected wildlife by an
abatement permit holder must be
authorized by:
(i) Hunting regulations in effect at the
time that the take occurs;
(ii) A Federal depredation order; or
(iii) A Federal depredation permit or
other Federal permit that identifies you
as a subpermittee.
(A) You must report take under a
depredation order as required by the
order. You must report all take as a
subpermittee on a depredation permit to
the permit holder.
(B) You may not flush, haze, harm,
harass, disturb, kill or injure endangered
or threatened species, bald eagles
(Haliaeetus leucocephalus), or golden
eagles (Aquila chrysaetos) unless the
activity is specifically authorized by an
Endangered Species Act permit or Bald
and Golden Eagle Protection Act permit.
(C) You must immediately report any
unauthorized take of federally protected
wildlife, disturbance of bald eagles or
golden eagles, or harassment of
endangered species to the appropriate
Service Regional Law Enforcement
office. You can find the addresses for
the offices at https://www.fws.gov/le/
regional-law-enforcement-offices.html.
(4) Abatement raptors. (i) A raptor
used for abatement must be captive-bred
and banded with a seamless band issued
by the Service. You may not use wildcaught raptors in abatement. You may
purchase the raptors from, or sell or
transfer them to, any permittee
authorized to possess them.
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(ii) You and your subpermittees may
use only raptors that you possess under
your abatement permit in abatement.
(iii) We do not limit the number of
captive-bred raptors that you may hold
under your abatement permit, but each
bird must be used for abatement.
(iv)You may possess and use any
captive-bred falconiform, accipitriform,
or strigiform species listed in § 10.13 of
this chapter (including a hybrid) in
abatement, except that you may not
possess or use a bald eagle or golden
eagle for abatement.
(v) A subpermittee may use only
species that he or she is authorized to
possess under his or her falconry
permit.
(5) Facilities and care requirements.
You must house and maintain raptors
that you hold under your abatement
permit in accordance with the Federal
falconry regulations housing and care
requirements (see § 21.29).
(6) Using a hybrid raptor in
abatement. When flown free in
abatement, a hybrid raptor must have
attached at least two functioning radio
transmitters to ensure that you can
locate the bird.
(7) Acquisition, transfer, or loss of
abatement raptors. You must report
acquisition and disposition of a raptor
under your abatement permit by
submitting Service form 3–186A (the
Migratory Bird Acquisition and
Disposition Report) completed in
accordance with the instructions on the
form and filed by you and the recipient,
if applicable, to your migratory bird
permit issuing office.
(8) Feathers molted by an abatement
bird.—(i) Imping. For imping (replacing
a damaged feather with a molted
feather), you may possess tail feathers
and primary and secondary wing
feathers for each species of raptor that
you possess or previously held under
your abatement permit for as long as
you have a valid abatement permit.
(ii) Donating. You may donate molted
feathers to any entity with a valid
permit to acquire and possess them, or
to an entity exempt from the permit
requirement under § 21.12. You may not
buy, sell, or barter the feathers. You
must keep the documentation for your
acquisition and disposal of the feathers.
(iii) Receiving. You may receive
feathers for imping purposes from any
entity authorized to donate them to you.
You may not buy, sell, or barter the
feathers. You must keep the
documentation for your acquisition and
disposal of the feathers.
(9) Disposition of carcasses of
abatement birds that die. You may
donate the carcass, feathers, or parts of
any deceased raptor held under your
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abatement permit to any entity
authorized to acquire and possess it.
(10) Prey items. If your abatement bird
kills an animal without your intent,
including wildlife taken outside of a
regular hunting season, you may allow
your abatement bird to feed on the
animal, but you may not take the animal
into your possession. You must report
the take in your annual report.
(11) Recordkeeping. You must
maintain complete and accurate records
of the activities conducted under your
abatement permit, including, but not
necessarily limited to, the name and
address of the property owner; the
location, date(s), and crop or property
protected for each abatement job that
you and each of your subpermittees
conduct; the date, species, and location
of any unintentional take that occurs;
the name, address, and falconry permit
number of each of your subpermittees,
and any subpermittee designation
letters; the raptors used for each job; and
FWS form 3–186As for each acquisition
and disposal of birds. You must retain
these records for 5 years following the
end of the last calendar year covered by
the records.
(12) Annual report. You must submit
an annual report to your migratory bird
permit issuing office. Your report must
include the information required in
Service form 3–202–22–2133, which is
available at www.fws.gov/forms/3-2022133.pdf.
(13) Inspections. Agents or employees
of the Service may inspect your
abatement raptors, facilities, equipment,
and records in your presence at any
reasonable hour on any day of the week.
(f) Permit tenure. Your abatement
permit will expire on the date
designated on the face of the permit
unless amended or revoked. No
abatement permit will have a term of
more than 5 years.
(g) Acquisitions, transfers, and losses
of abatement raptors. You must have a
copy of a properly completed FWS
Form 3–186A (Migratory Bird
Acquisition and Disposition Report) for
each raptor you acquire transfer, or lose,
or that dies.
Dated: March 17, 2015.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2015–07387 Filed 3–31–15; 8:45 am]
BILLING CODE CODE 4310–55–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 150226189–5189–01]
RIN 0648–BE91
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Red
Snapper Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in a
framework action to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP)
prepared by the Gulf of Mexico (Gulf)
Fishery Management Council (Council)
(2015 Gulf red snapper framework
action). If implemented, this proposed
rule would increase the commercial and
recreational quotas for red snapper in
the Gulf of Mexico reef fish fishery for
the 2015, 2016, and 2017 fishing years
Quotas for subsequent fishing years
would remain at 2017 levels unless
changed by future rulemaking. This
proposed rule is intended to help
achieve optimum yield (OY) for the Gulf
red snapper resource without increasing
the risk of red snapper experiencing
overfishing.
DATES: Written comments must be
received on or before April 16, 2015.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2015–0036’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docket Detail;D=
NOAA-NMFS-2015-0036, click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Submit written comments to
Cynthia Meyer, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
SUMMARY:
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Agencies
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Proposed Rules]
[Pages 17374-17380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07387]
[[Page 17374]]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 13 and 21
[Docket No. FWS-R9-MB-2009-0045; FF09M21200-134-FXMB1232099BPP0]
RIN 1018-AW75
Migratory Bird Permits; Abatement Permit Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We propose permit regulations to govern the use of captive-
bred, trained raptors to control or take birds or other wildlife to
mitigate damage or other problems, including risks to human health and
safety. This action would allow us to respond to increasing public
interest in the use of trained raptors to haze (scare) depredating and
other problem birds from airports and agricultural crops while
maintaining our statutory responsibility to protect migratory birds.
DATES: There are two dates for submissions relevant to this proposed
rule. Electronic comments on this proposed rule via https://www.regulations.gov must be submitted by 11:59 p.m. Eastern time on
June 30, 2015. Comments submitted by mail must be postmarked no later
than June 30, 2015. Comments on the information collection must be
submitted by May 1, 2015.
ADDRESSES: We are soliciting comments on two separate actions with
different addresses: (1) A proposed rule, and (2) information
collection. You may submit comments for the proposed regulation by
either one of the following two methods:
Federal eRulemaking portal: https://www.regulations.gov.
Follow the instructions for submitting comments on Docket No. FWS-R9-
MB-2009-0045.
U.S. mail or hand delivery: Public Comments Processing,
Attention: FWS-R9-MB-2009-0045; Division of Policy and Performance
Management; U.S. Fish and Wildlife Service; 5275 Leesburg Pike, MS MB;
Falls Church, VA 22041-3830.
We will not accept email or faxes. We will post all comments on
https://www.regulations.gov. This generally means that we will post any
personal information that you provide. See the Public Comments section
below for more information.
Submit comments on the information collection requirements to the
Desk Officer for the Department of the Interior at Office of Management
and Budget (OMB-OIRA) at (202) 395-5806 (fax) or
OIRA_Submission@omb.eop.gov (email). Please provide a copy of your
comments to the Service Information Collection Clearance Officer, U.S.
Fish and Wildlife Service, 5275 Leesburg Pike, MS PPM, Falls Church, VA
22041-3830 (mail), or Hope_Grey@fws.gov (email).
FOR FURTHER INFORMATION CONTACT: George Allen at 703-358-1825.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Fish and Wildlife Service (FWS or Service) is the Federal
agency delegated the primary responsibility for managing migratory
birds. This delegation is authorized by 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). We
implement the provisions of the MBTA through regulations in parts 10,
13, 20, 21, and 22 of title 50 of the Code of Federal Regulations
(CFR). Regulations pertaining to migratory bird permits are at 50 CFR
part 21; subpart C of part 21 contains regulations for specific permit
provisions.
In response to public interest in the use of trained raptors to
haze depredating and other problem birds from airports and agricultural
crops, we drafted a policy in 2007 to establish a migratory bird
abatement permit. On January 12 of that year, we published a Federal
Register notice containing draft permit conditions for abatement
permits for public comment (72 FR 1556-1557). On December 10, 2007, we
published a Federal Register notice (72 FR 69705-69706) announcing
final permit conditions, accompanied by Migratory Bird Permit
Memorandum Number 5, Abatement Activities Using Raptors, issued August
22, 2007, available at https://www.fws.gov/migratorybirds/mbpermits/Memorandums/AbatementActivitiesUsingRaptors.pdf.
The 2007 policy Memorandum and conditions have governed
administration of Federal Migratory Bird Special Purpose Abatement
(SPA) permits (Federal abatement permits) through the present time. The
provisions for abatement in the Memorandum have worked well, but we
have seen increased use of the Special Purpose permits, and the States
have inquired about abatement activities that are not addressed in the
Memorandum. Therefore, on July 6, 2011, we announced through an advance
notice of proposed rulemaking (ANPR) that published in the Federal
Register that we were considering developing regulations to govern the
use of raptors in abatement (76 FR 39368).
Most of the comments we received on the ANPR supported development
of regulations for abatement. This proposed rule largely incorporates
the conditions and procedures that governed abatement permits under the
2007 Memorandum and language developed in response to the public
comments. The permit that would be established under the proposed
regulations would provide the public with a nonlethal management tool
to mitigate problems caused by birds and other wildlife.
Proposed Permit Provisions
An abatement permit would authorize the use of trained, captive-
bred raptors protected under the MBTA to abate problems caused by
migratory birds or other wildlife. A permittee would have to be a
Master falconer in good standing under the Federal falconry regulations
(50 CFR 21.29). A Master falconer or a General falconer with 3 or more
years of experience at the General falconer level would be allowed to
conduct abatement activities as a subpermittee. We would issue
abatement permits only to U.S. resident Master falconers.
We would not limit the number of raptors an abatement permit holder
may possess under a Federal abatement permit if the raptors are used in
abatement and are maintained under humane and healthful conditions as
required in 50 CFR 13.41, and if the permittee's facilities and
equipment meet the standards in 50 CFR 21.29. We would require each
captive-bred MBTA raptor held or used under an abatement permit to be
banded with a seamless metal band issued by the Service, unless
exempted because of problems caused by the band. State wildlife
agencies may have additional requirements for maintaining raptors.
The abatement permit holder would not be authorized to use birds he
or she possesses under other types of permits for abatement activities,
except that falconry birds could be used for abatement if no
compensation is received for the service. The proposed regulations also
would not allow a raptor held under a Federal abatement permit to be
used for falconry.
A Federal abatement permit, by itself, would not authorize the
killing, injuring, or other take of migratory birds or other wildlife.
Any take of protected migratory birds by an abatement permit holder
must be authorized by hunting regulations, a Federal depredation
[[Page 17375]]
order, or a depredation permit issued to the landowner. Harassment,
disturbance, or other take of bald eagles (Haliaeetus leucocephalus),
golden eagles (Aquila chrysaetos), or endangered or threatened species
by an abatement permit holder would have to be authorized by the
appropriate Federal permit. Abatement activities also would have to be
conducted in accordance with any other applicable Federal, State,
tribal, or municipal laws.
Raptors that could be used for abatement under these proposed
regulations include all native raptor species listed in 50 CFR 10.13
except bald eagles and golden eagles. Included are falconiformes
(forest-falcons, caracaras, and falcons); accipitriformes (vultures,
osprey, kites, hawks, and eagles [except bald eagles and golden
eagles]); and strigiformes (owls).
Possession and use for abatement of exotic raptor species that are
not on the list of MBTA-protected species at 50 CFR 10.13 is not
regulated under the MBTA and is outside the scope of the proposed
regulations. However, hybrid raptors of MBTA-protected species are
subject to this proposed regulation.
An applicant for a Federal abatement permit would have to complete
and submit Service application form 3-200-79 (https://www.fws.gov/forms/3-200-79.pdf) to his or her Regional Migratory Bird Permit Office.
Permit Application Processing Fee
We propose to charge a fee sufficient to offset the estimated costs
associated with processing the application and annual reports and our
periodic review of these permits. Revised Office of Management and
Budget (OMB) circular A-25 directs Executive Branch agencies to recover
costs, stating that, ``When a service (or privilege) provides special
benefits to an identifiable recipient beyond those that accrue to the
general public, a charge will be imposed (to recover the full cost to
the Federal Government for providing the special benefit, or the market
price).'' Further, Circular A-25 directs that, ``Except as provided in
Section 6c, user charges will be sufficient to recover the full cost to
the Federal Government (as defined in Section 6d) of providing the
service, resource, or good when the Government is acting in its
capacity as sovereign.'' Thus, the directive to the Service is to
recover the costs for working with applicants to issue permits and to
summarize reporting. We estimate that processing an abatement permit
application will take up to 2 hours of a permit examiner's time (or
about $101, on average) and \1/4\ hour of a permit supervisor's time
(or about $18, on average) at current hourly rates. Our proposed
processing fee of $150 should recover our costs for most permits for
the next several years.
Issues From the ANPR
We considered the comments on the advance notice of proposed
rulemaking, and have drafted proposed regulations accordingly.
Issue. Subpermittees should be allowed to conduct abatement
activities outside the direct supervision of the SPA permit holder.
Response. The proposed regulations would allow subpermittees
(Master falconers and General falconers with 3 or more years of
experience at the General falconer level) to conduct abatement. Direct
supervision by the permittee would not be required.
Issue. ``Limiting the species that should be authorized may
encumber abatement activity. NAFA [North American Falconers
Association] finds that often the species of bird used will depend on
the species to be abated and the circumstances (i.e., gulls soaring
over an airport may be best abated by using a falcon, where gulls
roosting in an area may best be abated using a goshawk). . . Rabbits
may be destroying crops and two of the best raptors for the abatement
of rabbits are the red tailed hawk and Harris' hawk. Similarly,
restricting the use of golden eagles may be short sighted. Canada geese
present huge problems for abatement and the most effective species for
use in abatement of the Canada goose may well be the golden eagle. The
appropriate species of raptor to be used to conduct abatement should be
the permittee's decision.''
Response. In this proposed regulation, most MBTA-listed raptor
species could be used in abatement. However, the Bald and Golden Eagle
Protection Act (16 U.S.C. 668-668d) does not allow the use of bald
eagles for falconry or abatement, and does not allow the use of golden
eagles in abatement.
Issue. The use of all falconry birds, including wild-caught birds,
for abatement should be allowed. Falconry birds are trained in the same
manner as abatement birds. There appears to be no substantial
justification not to allow use of wild-caught falconry raptors in
abatement operations.
Response. We believe that using wild-caught raptors in commercial
activities could conflict with the intent of Congress to protect wild
populations of birds from commercial exploitation.
Issue. Any person authorized by the primary permittee should be
allowed to care for the birds, such as feeding, watering, and
weathering, similar to the provisions found in 50 CFR 21.29(d)(7).
Response. This proposed regulation allows this care of abatement
raptors.
Issue. Only Master falconers should be permitted for abatement;
Master and general falconers should be allowed as subpermittees for
both flying and caretaking of raptors.
Response. This proposed regulation would allow other Master
falconers and General falconers with 3 or more years of experience at
the General falconer level to be subpermittees.
Issue. The same housing and facilities standards under the Federal
falconry regulations at 50 CFR 21.29 should be applied to abatement
permits, including the defined temporary housing husbandry standards.
Permit holders' facilities should be inspected and approved for use
prior to issuance of the abatement permit as defined under the Federal
falconry regulations.
Response. This proposed regulation would require facilities and
care as specified in the falconry regulations.
Issue. We believe the proposed permitting process can be
streamlined, more effectively described, and justified relative to the
existing Federal and State falconry permitting system. A simplified
process would be to permit abatement activities for State-permitted
falconers within the framework of existing regulation rather than to
establish stand-alone regulations under abatement permits. Such
integration would reduce confusion and administrative complexity to the
states.
Response. Though we appreciate the concern about simplification of
regulations, we do not believe it would be appropriate to regulate
falconry and abatement under one set of regulations. Falconry is a
recreational and sporting activity. Abatement requires the use of
falconry techniques in caring for and training abatement raptors, but
it is usually a commercial activity that often requires the possession
and management of many more birds than falconry requires. In addition,
though we expect all falconry permitting to be handled by the States
after January 1, 2014, we do not expect abatement permitting to be done
by all States.
Issue. Several commenters wanted the Service to allow the use of
falconry birds in abatement: ``The Service should allow the use of
subpermittees' birds for abatement and for falconry. Hawks are best
kept in shape and healthy by pursuing game when not actively doing
abatement jobs. Raptors held under abatement permits should be able to
conduct both activities to keep them fit.''
[[Page 17376]]
Issue. ``Subpermittees should only be allowed to use their own
birds if they are master falconers. Allowing falconers to use their own
birds would confound the requirement that abatement permit holders be
master falconers. Master falconers have a higher level of experience
and, thus, are more suited to accomplish abatement activities.''
Issue. ``A subpermittee should be allowed to use captive-bred birds
held on his or her falconry permit for abatement activities.''
Response. We do not propose to allow birds held on abatement
permits to be used for falconry. Further, while allowing abatement
permittees and subpermittees to use falconry birds in abatement might
have some value, we are concerned about potential enforcement
difficulties for State and Federal law enforcement officers and about
potential exploitation of the liberal possession limits for Master
falconers under the falconry regulations. Under the proposed
regulations, we would not allow the use of falconry birds in abatement.
Issue. Falconers with abatement permits, and perhaps subpermittees,
too, should be allowed to use their falconry birds for abatement.
Response. For the reasons provided in the response above, and
because of concerns about the use of wild-caught falconry birds for
commercial purposes, these proposed regulations would not allow the use
of falconry birds in abatement unless the permittee receives no
compensation for the abatement services.
Issue. The Memorandum's stipulation that hybrids be fitted with a
minimum of two radio transmitters so that the birds may be tracked and
recovered in the event they are lost is consistent with the federal
falconry regulations. However, the notice does not include a like
stipulation.
Response. This proposed regulation would require that hybrids be
fitted with a minimum of two radio transmitters.
Issue. Species limits should follow State and Federal falconry
regulations. If additional limits are imposed, then a resulting
compliance issue will add a further level of complexity to State
falconry management. Alternatively, raptors used in abatement
activities could be banded with an FWS band as is required for a select
number of species under the federal falconry regulations.
Response. Conducting abatement might require many birds in order to
address depredation issues. For example, conducting abatement at a
large airport might require that a number of falcons be available to
keep rested abatement birds in the air. A concurrent job might require
the use of a number of buteos. Therefore, we do not propose to limit
the number of raptors an abatement permittee may possess.
Only captive-bred raptors would be allowed in abatement, and each
would have to be banded with a seamless FWS band. We do not believe
that additional banding is needed. The raptors could be purchased from,
or sold or transferred to, authorized permittees.
Issue. The abatement permit holder should be required to complete
an annual report of all abatement activities, not limited to only those
instances where take is involved as required in the Memorandum. Annual
reports should include: Location, date, landowner/business owner
information, raptors used, subpermittees, and other appropriate
information for each abatement activity that is conducted within and
outside the permit holder's state of residence.
Response. An annual report that requires this information is
included in the proposed regulations.
Issue. ``I would like to see insurance become a part of the
application process.''
Response. Our authority allows us to require accurate recordkeeping
of abatement activities and acquisition and disposition of raptors held
under the permit. We do not believe we may put requirements for
insurance or other aspects of the business operations for abatement
activities into our migratory bird regulations.
Issue. Contracts between permittees and subpermittees should be
left unregulated. These contracts are beyond the scope of the MBTA. The
birds are personal property and not of wild origin and beyond the scope
of the FWS protecting migratory raptors.
Response. We do not propose to be involved in the contracts between
permittees and subpermittees. However, we disagree that captive-bred
raptors are ``beyond the scope of the FWS protecting migratory
raptors.'' Neither the statute nor the regulations excludes protections
on the basis of whether the bird was taken from the wild or is captive-
bred. In fact, the definition of migratory bird in 50 CFR 10.12 ``means
any bird, whatever its origin and whether or not raised in captivity,
which belongs to a species listed in Sec. 10.13 . . .''
Public Comments
You may submit your comments and supporting materials by one of the
methods listed in ADDRESSES. We will not consider comments sent by
email or fax, or written comments sent to an address other than the one
listed in ADDRESSES. Comments and materials we receive, as well as
supporting documentation we used in preparing this proposed rule, are
available for public inspection at https://www.regulations.gov. We will
post your entire comment--including your personal identifying
information--on https://www.regulations.gov. You may request at the top
of your document that we withhold personal information such as your
street address, phone number, or email address from public review;
however, we cannot guarantee that we will be able to do so.
Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. OIRA has
determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 (Pub. L. 104-121)), whenever an agency is required to
publish a notice of rulemaking for any proposed or final rule, it must
prepare and make available for public comment a regulatory flexibility
analysis that describes the effect of the rule on small businesses,
small organizations, and small government jurisdictions. However, no
regulatory flexibility analysis is required if the head of an agency
certifies the rule would not have a significant economic
[[Page 17377]]
impact on a substantial number of small entities.
SBREFA amended the Regulatory Flexibility Act to require Federal
agencies to provide the statement of the factual basis for certifying
that a rule would not have a significant economic impact on a
substantial number of small entities. We have examined this proposed
rule's potential effects on small entities as required by the
Regulatory Flexibility Act and determined that this action would not
have a significant economic impact on a substantial number of small
entities because there are fewer than 100 abatement permittees in the
United States. Consequently, we certify that because this proposed rule
would not have a significant economic effect on a substantial number of
small entities, a regulatory flexibility analysis is not required.
This proposed rule is not a major rule under SBREFA (5 U.S.C.
804(2)). It would not have a significant impact on any small entities.
a. This proposed rule would not have an annual effect on the
economy of $100 million or more.
b. This proposed rule would not cause a major increase in costs or
prices for consumers; individual industries; Federal, State, or local
government agencies; or geographic regions.
c. This proposed rule would not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we have determined the following:
a. This proposed rule would not ``significantly or uniquely''
affect small governments. A small government agency plan is not
required. The proposed regulations changes would not affect small
government activities in any significant way.
b. This proposed rule would not produce a Federal mandate of $100
million or greater in any year. It is not a ``significant regulatory
action'' under the Unfunded Mandates Reform Act.
Takings
In accordance with E.O. 12630, the rule would not have significant
takings implications. This proposed rule contains no provision that
could constitute taking of private property. Therefore, a takings
implication assessment is not required.
Federalism
This proposed rule would not have sufficient Federalism effects to
warrant preparation of a Federalism assessment under E.O. 13132. It
would not interfere with the States' abilities to manage themselves or
their funds. No significant economic impacts are expected to result
from the regulations change.
Civil Justice Reform
In accordance with E.O. 12988, the Office of the Solicitor has
determined that the rule would not unduly burden the judicial system
and meets the requirements of sections 3(a) and 3(b)(2) of the Order.
Paperwork Reduction Act
This proposed rule contains a new information collection for which
Office of Management and Budget approval is required under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). We may not conduct or
sponsor and you are not required to respond to a collection of
information unless it displays a currently valid OMB control number.
OMB has reviewed and approved the collections of information for (1)
applications for abatement and depredation permits, (2) annual
reporting for depredation permits, and (3) reporting of acquisition and
disposition of migratory birds. These information collections are
covered by existing OMB Control No. 1018-0022, which will expire on
February 28, 2017. OMB has also approved the recordkeeping and
reporting associated with depredation orders and assigned OMB Control
Numbers 1018-0022.
We are asking OMB to approve the following new information
collection requirements associated with this proposed rule:
Each Abatement permittee must provide each of his or her
subpermittees with a legible copy of his or her abatement permit and an
original signed and dated letter designating the person as a
subpermittee for part or all of the authorized activities (Sec.
21.32(e)(2)(ii)).
Each subpermittee must report take under a depredation
order to the permit holder (Sec. 21.32(e)(2)(iii)(A)).
Each permittees must maintain complete and accurate
records of the activities conducted under the abatement permit,
including, but not limited to: (1) The name and address of the property
owner; (2) the location, date(s), and crop or property protected for
each abatement job that permit holders and each of their subpermittees
conduct; (3) the date, species, and location of any unintentional take
that occurs; (4) the name, address, and falconry permit number of each
subpermittee, and any subpermittee designation letters; (5) the raptors
used for each job; (6) FWS form 3-186A for each acquisition and
disposal of birds; and (7) documentation for acquisition and disposal
of feathers. You must retain these records for 5 years following the
end of the last calendar year covered by the records (Sec.
21.32(e)(8)(ii) and (iii) and Sec. 21.32(e)(11)).
Each permittee must submit an annual report to his or her
migratory bird permit issuing office. The report must include the
information required in Service form 3-202-22-2133 (Sec. 21.32(e)(11)
and (12)).
Title: Abatement Permit Reporting and Recordkeeping, 50 CFR 21.32.
OMB Control Number: 1018-0022.
Service Form Number: 3-202-22-2133.
Description of Respondents: Master falconers conducting paid
abatement or having subpermittees conduct paid abatement.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
----------------------------------------------------------------------------------------------------------------
Number of Number of Completion time per Total annual
Activity respondents responses response burden hours
----------------------------------------------------------------------------------------------------------------
Designation Letter (Sec. 100 200 10 minutes................. 33\1/3\
21.32(e)(2)(ii)).
Subpermittees Report of Take (Sec. 200 200 1 hour..................... 200
21.32(e)(2)(iii)(A)).
Recordkeeping (Sec. 21.32(e)(8)(ii) and 100 100 5 hours.................... 500
(iii) and Sec. 21.32(e)(11)).
Annual Reports (Sec. 21.32(e)(11) and 100 100 1 hours.................... 100
(12)).
----------------------------------------------------------------------
Totals............................... 100 200 7 hours.................... ~833
----------------------------------------------------------------------------------------------------------------
As part of our continuing effort to reduce paperwork and respondent
burdens, we invite the public and other Federal agencies to comment on
any aspect of the reporting burden, including:
[[Page 17378]]
Whether or not the collection of information is necessary,
including whether or not the information will have practical utility;
The accuracy of our estimate of the burden for this
collection of information;
Ways to enhance the quality, utility, and clarity of the
information to be collected; and
Ways to minimize the burden of the collection of
information on respondents.
Send your comments and suggestions on this information collection
to the Desk Officer for the Department of the Interior at OMB-OIRA at
(202) 395-5806 (fax) or OIRA_Submission@omb.eop.gov (email). Please
provide a copy of your comments to the Service Information Collection
Clearance Officer, U.S. Fish and Wildlife Service, MS PPM, 5275
Leesburg Pike, Falls Church, VA 22041-3830 (mail), or Hope_Grey@fws.gov
(email).
National Environmental Policy Act
We have analyzed this proposed rule in accordance with the National
Environmental Policy Act (NEPA), 42 U.S.C. 432-437(f). Using captive-
bred raptors in abatement would mean harassing wildlife to solve
depredation or other wildlife problems. Because no raptors could be
taken from the wild for this activity and take of migratory birds would
not be authorized, this proposed regulation would have negligible
environmental effects.
Categorical exclusion Part 516 8.5(C)(1) in the Department of the
Interior Manual is the following.
The issuance, denial, suspension, and revocation of permits for
activities involving fish, wildlife, or plants regulated under 50
CFR Chapter 1, Subsection B, when such permits cause no or
negligible environmental disturbance. These permits involve
endangered and threatened species, species listed under the
Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES), marine mammals, exotic birds, migratory
birds, eagles, and injurious wildlife.
Further, none of the extraordinary circumstances in 43 CFR 46.215
apply to the proposed regulation. Therefore, the proposed regulation is
categorically excluded from further NEPA evaluation.
Endangered and Threatened Species
Section 7 of the Endangered Species Act (ESA) of 1973, as amended
(16 U.S.C. 1531 et seq.), requires that the Secretary of the Interior
use other programs in furtherance of the purposes of the ESA (16 U.S.C.
1536(a)(1)). It also states that the Federal agency must ``insure that
any action authorized, funded, or carried out . . . is not likely to
jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification
of [critical] habitat'' (16 U.S.C. 1536(a)(2)). This proposed rule
would not affect endangered or threatened species or critical habitats.
Abatement activities would not be allowed in circumstances where
harassment or take of endangered or threatened species could occur.
Take of endangered or threatened species would require an ESA permit.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2, we have
evaluated potential effects on federally recognized Indian tribes. We
have determined that this proposed rule would not interfere with
tribes' abilities to manage themselves, their funds, or tribal lands.
Energy Supply, Distribution, or Use (Executive Order 13211)
E.O. 13211 addresses regulations that significantly affect energy
supply, distribution, and use. E.O. 13211 requires agencies to prepare
Statements of Energy Effects when undertaking certain actions. This
rule is not a significant regulatory action under E.O. 13211, and no
Statement of Energy Effects is required.
Clarity of This Regulation
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must: (1) Be logically
organized; (2) use the active voice to address readers directly; (3)
use clear language rather than jargon; (4) be divided into short
sections and sentences; and (5) use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
List of Subjects
50 CFR Part 13
Administrative practice and procedure, Exports, Fish, Imports,
Plants, Reporting and recordkeeping requirements, Transportation,
Wildlife.
50 CFR Part 21
Birds, Exports, Imports, Migratory Birds, Reporting and
recordkeeping requirements, Transportation, Wildlife.
Proposed Regulation Promulgation
For the reasons described in the preamble, we propose to amend
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below.
PART 13--GENERAL PERMIT PROCEDURES
0
1. The authority citation for part 13 continues to read as follows:
Authority: 16 U.S.C. 668a, 704, 712, 742j-l, 1374(g), 1382,
1538(d), 1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C.
1202; 31 U.S.C. 9701.
0
2. Amend the table in Sec. 13.11(d)(4) by adding an entry for
``Migratory Bird Abatement'' immediately following the entry for
``Migratory Bird Rehabilitation'' to read as follows.
Sec. 13.11 Application procedures.
* * * * *
(d) * * *
(4) User fees. * * *
[[Page 17379]]
----------------------------------------------------------------------------------------------------------------
Type of permit CFR citation Fee Amendment fee
----------------------------------------------------------------------------------------------------------------
Migratory Bird Treaty Act
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Migratory Bird Abatement...................... 50 CFR 21....................... 150 50
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PART 21--MIGRATORY BIRD PERMITS
0
3. The authority citation for part 21 continues to read as follows:
Authority: 16 U.S.C. 703-712.
0
4. Amend Sec. 21.3 by adding a definition for ``Abatement'' in
alphabetical order to read as follows:
Sec. 21.3 Definitions.
* * * * *
Abatement as used in Sec. 21.32 means the use of a trained raptor
to scare, flush, or haze wildlife to manage depredation or other
damage, including threats to human health and safety, caused by the
wildlife.
* * * * *
0
5. Amend Sec. 21.29 by revising paragraph (f)(11)(ii) and adding
paragraph (f)(11)(iii) to read as follows:
Sec. 21.29 Falconry standards and falconry permitting.
* * * * *
(f) * * *
(11) * * *
(ii) You may receive payment for providing abatement services if
you have an abatement permit (see Sec. 21.32 of this subpart).
(iii) You may conduct abatement without an abatement permit if you
are not compensated for doing so.
* * * * *
0
6. Add Sec. 21.32 to read as follows:
Sec. 21.32 Abatement permit.
(a) Authorization and scope. (1) An abatement permit authorizes
possession and use of captive-bred raptors protected by the Migratory
Bird Treaty Act to flush or haze (scare) birds or other wildlife to
mitigate depredation or other damage, including threats to human health
and safety.
(2) An abatement permit does not authorize the take (such as
capturing, killing, injuring, or collecting) of wildlife. Any take of
federally protected wildlife must be authorized by a separate permit or
regulation.
(3) An abatement permit authorizes the purchase, sale, or barter of
captive-bred raptors with seamless bands for abatement purposes.
(4) An abatement permittee may charge for his or her services.
(5) A permitted falconer may conduct abatement without an abatement
permit if he or she is not compensated for doing so.
(b) Qualification requirement. You must possess a valid U.S. Master
falconer permit in accordance with Sec. 21.29 to qualify for an
abatement permit.
(c) Application procedures. You must apply to the appropriate
Regional Migratory Bird Permit Office. You can find the addresses for
the Regional Offices in Sec. 2.2 of subchapter A of this chapter. Your
application package must include a completed application (FWS form 3-
200-79) and a copy of your Master falconer permit. You must apply as an
individual, but you may include the name of the company under which you
are doing business.
(d) Issuance criteria. Upon receiving a complete application, the
Permit Office will decide whether to issue you a permit based on the
general criteria of Sec. 13.21 of this chapter and whether you hold a
valid U.S. Master falconer permit.
(e) Permit conditions. In addition to the general permit conditions
set forth in part 13 of this chapter, abatement permittees are subject
to the following conditions:
(1) An abatement permit is valid only if your Master falconer
permit is valid.
(2) Subpermittees. We allow certain activities to be carried out by
subpermittees as follows:
(i) Except as provided in paragraph (e)(2)(v) of this section, only
a Master falconer or a General falconer with 3 or more years of
experience at the General falconer level may be a subpermittee under
your abatement permit and conduct abatement activities on your behalf.
You are responsible for all activities conducted under your abatement
permit.
(ii) You must provide each subpermittee with a legible copy of your
permit and an original signed and dated letter designating the person
as a subpermittee for part or all of the authorized activities.
(iii) Each subpermittee must carry and display a copy of your
abatement permit, the designation letter, and a copy of their valid
falconry permit when conducting abatement activities under your permit.
(iv) You are responsible for maintaining current records of who you
have designated as a subpermittee, including copies of the designation
letters you have provided.
(v) If your State allows it, you may designate an individual who is
not a falconer to provide care for raptors held under your abatement
permit.
(3) Taking protected wildlife. Any take of federally protected
wildlife by an abatement permit holder must be authorized by:
(i) Hunting regulations in effect at the time that the take occurs;
(ii) A Federal depredation order; or
(iii) A Federal depredation permit or other Federal permit that
identifies you as a subpermittee.
(A) You must report take under a depredation order as required by
the order. You must report all take as a subpermittee on a depredation
permit to the permit holder.
(B) You may not flush, haze, harm, harass, disturb, kill or injure
endangered or threatened species, bald eagles (Haliaeetus
leucocephalus), or golden eagles (Aquila chrysaetos) unless the
activity is specifically authorized by an Endangered Species Act permit
or Bald and Golden Eagle Protection Act permit.
(C) You must immediately report any unauthorized take of federally
protected wildlife, disturbance of bald eagles or golden eagles, or
harassment of endangered species to the appropriate Service Regional
Law Enforcement office. You can find the addresses for the offices at
https://www.fws.gov/le/regional-law-enforcement-offices.html.
(4) Abatement raptors. (i) A raptor used for abatement must be
captive-bred and banded with a seamless band issued by the Service. You
may not use wild-caught raptors in abatement. You may purchase the
raptors from, or sell or transfer them to, any permittee authorized to
possess them.
[[Page 17380]]
(ii) You and your subpermittees may use only raptors that you
possess under your abatement permit in abatement.
(iii) We do not limit the number of captive-bred raptors that you
may hold under your abatement permit, but each bird must be used for
abatement.
(iv)You may possess and use any captive-bred falconiform,
accipitriform, or strigiform species listed in Sec. 10.13 of this
chapter (including a hybrid) in abatement, except that you may not
possess or use a bald eagle or golden eagle for abatement.
(v) A subpermittee may use only species that he or she is
authorized to possess under his or her falconry permit.
(5) Facilities and care requirements. You must house and maintain
raptors that you hold under your abatement permit in accordance with
the Federal falconry regulations housing and care requirements (see
Sec. 21.29).
(6) Using a hybrid raptor in abatement. When flown free in
abatement, a hybrid raptor must have attached at least two functioning
radio transmitters to ensure that you can locate the bird.
(7) Acquisition, transfer, or loss of abatement raptors. You must
report acquisition and disposition of a raptor under your abatement
permit by submitting Service form 3-186A (the Migratory Bird
Acquisition and Disposition Report) completed in accordance with the
instructions on the form and filed by you and the recipient, if
applicable, to your migratory bird permit issuing office.
(8) Feathers molted by an abatement bird.--(i) Imping. For imping
(replacing a damaged feather with a molted feather), you may possess
tail feathers and primary and secondary wing feathers for each species
of raptor that you possess or previously held under your abatement
permit for as long as you have a valid abatement permit.
(ii) Donating. You may donate molted feathers to any entity with a
valid permit to acquire and possess them, or to an entity exempt from
the permit requirement under Sec. 21.12. You may not buy, sell, or
barter the feathers. You must keep the documentation for your
acquisition and disposal of the feathers.
(iii) Receiving. You may receive feathers for imping purposes from
any entity authorized to donate them to you. You may not buy, sell, or
barter the feathers. You must keep the documentation for your
acquisition and disposal of the feathers.
(9) Disposition of carcasses of abatement birds that die. You may
donate the carcass, feathers, or parts of any deceased raptor held
under your abatement permit to any entity authorized to acquire and
possess it.
(10) Prey items. If your abatement bird kills an animal without
your intent, including wildlife taken outside of a regular hunting
season, you may allow your abatement bird to feed on the animal, but
you may not take the animal into your possession. You must report the
take in your annual report.
(11) Recordkeeping. You must maintain complete and accurate records
of the activities conducted under your abatement permit, including, but
not necessarily limited to, the name and address of the property owner;
the location, date(s), and crop or property protected for each
abatement job that you and each of your subpermittees conduct; the
date, species, and location of any unintentional take that occurs; the
name, address, and falconry permit number of each of your
subpermittees, and any subpermittee designation letters; the raptors
used for each job; and FWS form 3-186As for each acquisition and
disposal of birds. You must retain these records for 5 years following
the end of the last calendar year covered by the records.
(12) Annual report. You must submit an annual report to your
migratory bird permit issuing office. Your report must include the
information required in Service form 3-202-22-2133, which is available
at www.fws.gov/forms/3-202-2133.pdf.
(13) Inspections. Agents or employees of the Service may inspect
your abatement raptors, facilities, equipment, and records in your
presence at any reasonable hour on any day of the week.
(f) Permit tenure. Your abatement permit will expire on the date
designated on the face of the permit unless amended or revoked. No
abatement permit will have a term of more than 5 years.
(g) Acquisitions, transfers, and losses of abatement raptors. You
must have a copy of a properly completed FWS Form 3-186A (Migratory
Bird Acquisition and Disposition Report) for each raptor you acquire
transfer, or lose, or that dies.
Dated: March 17, 2015.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-07387 Filed 3-31-15; 8:45 am]
BILLING CODE CODE 4310-55-P