Migratory Bird Hunting; Normal Agricultural Operations, 38883-38885 [2019-16629]
Download as PDF
38883
Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Rules and Regulations
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Site information repository.
Locations, contacts, and viewing hours
of the Site information repository are
listed below:
• EPA Region 7, 11201 Renner
Boulevard, Lenexa, Kansas 66219, open
from 8:00 a.m. to 4:00 p.m. Monday–
Friday, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Hagenmaier, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 7, SEMD/LMSE, 11201
Renner Boulevard, Lenexa, KS 66219,
telephone (913) 551–7939, email:
hagenmaier.elizabeth@epa.gov.
SUPPLEMENTARY INFORMATION: The
portion of the Site to be deleted from the
NPL is Operable Unit 1—Chemical Fill
and Contaminated Soil of the Shaw
Avenue Dump Superfund site, Charles
City, Iowa. A Notice of Intent for Partial
Deletion for this Site was published in
the Federal Register on June 4, 2019 (84
FR 25725).
The closing date for comments on the
Notice of Intent for Partial Deletion was
July 5, 2019. No public comments were
received, and EPA has determined it
will proceed with the partial deletion.
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Deletion of a site from the
NPL does not preclude further remedial
action. Whenever there is a significant
release from a site deleted from the NPL,
the deleted site may be restored to the
NPL without application of the hazard
ranking system. Deletion of portions of
a site from the NPL does not affect
responsible party liability, in the
unlikely event that future conditions
warrant further actions.
requirements, Superfund, Water
pollution control, Water supply.
Dated: August 2, 2019.
James Gulliford,
Regional Administrator, Region 7.
For reasons set out in the preamble,
40 CFR part 300 is amended as follows:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
List of Subjects in 40 CFR Part 300
■
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
Appendix B to Part 300—National
Priorities List
2. Table 1 of appendix B to part 300
is amended by revising the listing under
Iowa for ‘‘Shaw Avenue Dump’’ to read
as follows:
TABLE 1—GENERAL SUPERFUND SECTION
State
Site name
*
IA ..................................
Notes (a)
City/county
*
*
*
*
*
Shaw Avenue Dump ....................................... Charles City ....................................................
*
*
*
*
*
*
*
P
*
(a)
= Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater
than or equal to 28.50).
*
*
*
*
*
*
*
* P = Sites with partial deletion(s).
*
*
*
*
*
*
*
[FR Doc. 2019–16904 Filed 8–7–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS–HQ–MB–2019–0008;
FF09M21200–189–FXMB1231099BPP0]
RIN 1018–BD90
Migratory Bird Hunting; Normal
Agricultural Operations
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
jbell on DSK3GLQ082PROD with RULES
AGENCY:
The Agriculture Improvement
Act of 2018 includes a provision that
directs the Secretary of the Interior to
revise the Federal migratory bird
hunting regulations in part 20 of title 50
SUMMARY:
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15:42 Aug 07, 2019
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of the Code of Federal Regulations. The
provision directs the Secretary to clarify
that rice ratooning and post-disaster
flooding, when carried out as part of a
normal agricultural operation, do not
constitute baiting. Current Federal
regulations in 50 CFR part 20 prohibit
the use of baiting to attract birds when
hunting. This rule implements the
Congressional directives in the
Agriculture Improvement Act of 2018 by
making the necessary revisions to the
migratory bird hunting regulations
regarding rice ratooning and postdisaster flooding.
DATES: This action is effective August 8,
2019.
ADDRESSES: This final rule is available
on the internet at https://
www.regulations.gov in Docket No.
FWS–HQ–MB–2019–0008.
FOR FURTHER INFORMATION CONTACT: Ron
W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS:
MB, 5275 Leesburg Pike, Falls Church,
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
VA 22041–3803; (703) 358–1967. If you
use a telecommunications device for the
deaf (TDD), call the Federal Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
In 1916, the United States and Great
Britain (on behalf of Canada), signed a
treaty to protect migratory birds. In
1918, Congress passed the Migratory
Bird Treaty Act (MBTA) (16 U.S.C. 703–
711) to implement the treaty with
Canada. Among other things, the MBTA,
as enacted, prohibited unauthorized
hunting and selling of birds covered by
the treaty. The United States later
signed bilateral treaties with Mexico,
Japan, and the Union of Soviet Socialist
Republics to protect migratory birds.
After each treaty was signed, Congress
amended the MBTA to cover the species
addressed in that treaty. Unless
permitted by regulation, the MBTA
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08AUR1
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Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Rules and Regulations
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prohibits the ‘‘taking’’ and ‘‘killing’’ of
migratory birds (16 U.S.C. 703, 704).
‘‘Take’’ is defined in part 10 of title 50
of the Code of Federal Regulations (CFR)
as ‘‘to pursue, hunt, shoot, wound, kill,
trap, capture, or collect, or attempt to
pursue, hunt, shoot, wound, kill, trap,
capture, or collect’’ (50 CFR 10.12).
‘‘Migratory bird’’ means any bird
protected by any of the treaties and
currently includes those bird species in
the United States listed in 50 CFR 10.13,
regardless of whether the particular
species actually migrates.
Under the MBTA, the Secretary of the
Interior is authorized to determine when
‘‘hunting, taking, capture, killing,
possession, sale, purchase, shipment,
transportation, carriage, or export’’ of
migratory game birds can take place,
and to adopt regulations for this
purpose. The regulations governing the
hunting of migratory game birds are
located at 50 CFR part 20. The
responsibility for issuing and enforcing
the migratory game bird hunting
regulations has been delegated to the
U.S. Fish and Wildlife Service as the
lead Federal agency for managing and
conserving migratory birds in the
United States.
Congressional Action
The Agriculture Improvement Act of
2018 (Pub. L. 115–334, Act) was enacted
on December 20, 2018. A provision of
that act directs the Secretary of the
Interior, within 30 days of enactment of
the law and in consultation with the
Secretary of Agriculture, to revise part
20 of title 50, Code of Federal
Regulations, to clarify that rice
ratooning and post-disaster flooding,
when carried out as part of a normal
agricultural operation, do not constitute
baiting. Specifically, section 12601 of
the Agriculture Improvement Act of
2018 defined ‘‘normal agricultural
operation’’ as having the meaning given
the term in § 20.11 of title 50, Code of
Federal Regulations (as in effect on the
date of enactment of this Act). Postdisaster flooding is defined as the
destruction of a crop through flooding
in accordance with practices required
by the Federal Crop Insurance
Corporation for agricultural producers
to obtain crop insurance under the
Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) on land on which a crop
was not harvestable due to a natural
disaster (including any hurricane,
storm, tornado, flood, high water, winddriven water, tidal wave, tsunami,
earthquake, volcanic eruption,
landslide, mudslide, drought, fire,
snowstorm, or other catastrophe that is
declared a major disaster by the
President in accordance with section
VerDate Sep<11>2014
15:42 Aug 07, 2019
Jkt 247001
401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act
(42 U.S.C. 5170)) in the crop year—
Æ in which the natural disaster
occurred; or
Æ immediately preceding the crop
year in which the natural disaster
occurred.
Section 12601of the Act defines ‘‘rice
ratooning’’ to mean the agricultural
practice of harvesting rice by cutting the
majority of the aboveground portion of
the rice plant but leaving the roots and
growing shoot apices intact to allow the
plant to recover and produce a second
crop yield.
In addition, the Act requires the
Secretary of the Interior, in consultation
with the Secretary of Agriculture, not
later than 30 days after its enactment to
revise part 20 of title 50, Code of Federal
Regulations, to clarify that rice
ratooning and post-disaster flooding,
when carried out as part of a normal
agricultural operation, do not constitute
baiting.
Current Regulations
Terms that are used in the migratory
bird hunting regulations in title 50 of
the CFR are defined at 50 CFR 20.11
(2018 Edition). https://
www.govinfo.gov/content/pkg/CFR2018-title50-vol9/pdf/CFR-2018-title50vol9-sec20-11.pdf. This section defines
‘‘normal agricultural planting,
harvesting, or post-harvest
manipulation’’ as meaning a planting or
harvesting undertaken for the purpose
of producing and gathering a crop, or
manipulation after such harvest and
removal of grain, that is conducted in
accordance with official
recommendations of State Extension
Specialists of the Cooperative Extension
Service of the U.S. Department of
Agriculture. ‘‘Normal agricultural
operation’’ is defined as meaning a
normal agricultural planting, harvesting,
post-harvest manipulation, or
agricultural practice that is conducted
in accordance with official
recommendations of State Extension
Specialists of the Cooperative Extension
Service of the U.S. Department of
Agriculture. ‘‘Baited area’’ means any
area on which salt, grain, or other feed
has been placed, exposed, deposited,
distributed, or scattered, if that salt,
grain, or other feed could serve as a lure
or attraction for migratory game birds to,
on, or over areas where hunters are
attempting to take them. Any such area
will remain a baited area for 10 days
following the complete removal of all
such salt, grain, or other feed. Finally,
§ 20.11 defines ‘‘bating’’ to mean the
direct or indirect placing, exposing,
depositing, distributing, or scattering of
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
salt, grain, or other feed that could serve
as a lure or attraction for migratory game
birds to, on, or over any areas where
hunters are attempting to take them.
The regulations in 50 CFR 20.21 (2018
Edition) address illegal methods of
hunting migratory birds; one of the
prohibited practices includes the use of
baiting to attract birds. The regulations
pertinent to this rule are found in
paragraph (i) of that section, see https://
www.govinfo.gov/content/pkg/CFR2018-title50-vol9/pdf/CFR-2018-title50vol9-sec20-21.pdf.
Effects of the Rule
This rule implements the directives
set forth in section 12601 of Public Law
115–334. In compliance with that
section, we have consulted with the
office of the Secretary of Agriculture on
this rule. That office concurs with this
rulemaking action. To carry out the
intent of Congress in the Agriculture
Improvement Act of 2018 (Pub. L. 115–
334), we hereby amend 50 CFR 20.11,
by adding definitions of ‘‘post-disaster
flooding’’ and ‘‘rice ratooning,’’ and 50
CFR 20.21(i)(1)(i), by adding these new
terms to the regulations concerning
baited areas. The new definitions and
revised regulations are set forth at the
end of this document in the rule
portion.
Current regulations allow rice
producers to grow rice to completion,
harvest it, post-harvest manipulate it,
flood it, and hunt over it. Rice growers
may also grow rice to completion, not
harvest or manipulate it, flood the rice,
and hunt over it. If a rice grower
chooses to manipulate un-harvested
rice, then the growing area constitutes a
baited area until all grain is removed at
least 10 days prior to hunting. Under
this rule, growers can grow rice to
completion, harvest it, let the second
growth establish, and hunt over it.
Growers cannot manipulate the second
growth in any way that may expose
seed. If the second growth is
manipulated, the growing area
constitutes a baited area until all grain
is removed at least 10 days prior to
hunting.
Regulations currently allow the
grower of any crop to grow, harvest,
post-harvest manipulate, flood, and
hunt over the crop. A grower can raise
a crop to completion, not harvest or
manipulate it, then intentionally flood
the crop for the purposes of hunting. If
a grower does not harvest a completed
crop and decides to manipulate it, the
grower must adhere to the 10-day
baiting rule prior to hunting. The
revised regulations will allow hunting
over a crop that is rendered ‘‘not
harvestable’’ because of a disaster
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Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Rules and Regulations
declaration under the Stafford Act and
for which the Federal Crop Insurance
Corporation has declared that the crop
may be destroyed by flooding (and only
flooding). No other manipulation is
allowed. If the crop is manipulated by
any means other than flooding, the
growing area would be considered a
baited area until all the grain is removed
at least 10 days prior to hunting.
Effective Date
This rule is effective upon publication
in the Federal Register. Section 12601
of subtitle F of Public Law 115–334
directs the Secretary of the Interior to
issue, within 30 days of enactment of
the law, this final rule. Therefore, under
these circumstances, we have
determined, pursuant to 5 U.S.C.
553(b)(B), that prior notice and
opportunity for public comment are
impracticable and unnecessary. We
have further determined, pursuant to 5
U.S.C. 553(d)(3), that the Congressional
mandates imposed on the Department of
the Interior by the Agriculture
Improvement Act of 2018 constitute
good cause to make this rule effective
upon publication.
Required Determinations
This rulemaking implements section
12601 of subtitle F of Public Law 115–
334. Issuance of this rule is a
nondiscretionary act for the U.S. Fish
and Wildlife Service. Therefore, the
promulgation of this rule is not subject
to any other provision of statute or
regulation that applies to the issuance of
Federal rules. Accordingly, in issuing
this rule, the Service has not made and
is not required to make determinations
otherwise required by statute,
regulation, or Executive Order for the
promulgation of Federal rules.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
Regulation Promulgation
Accordingly, part 20, subchapter B,
chapter I of title 50 of the Code of
Federal Regulations is amended as
follows:
PART 20—MIGRATORY BIRD
HUNTING
1. The authority citation for part 20
continues to read as follows:
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■
Authority: 16 U.S.C. 703 et seq., and 16
U.S.C. 742a–j.
2. Amend § 20.11 by redesignating
paragraphs (m) and (n) as paragraphs (o)
and (p), respectively, and adding new
■
VerDate Sep<11>2014
15:42 Aug 07, 2019
Jkt 247001
paragraphs (m) and (n) to read as
follows:
*
*
*
*
*
(m) Rice ratooning means the
agricultural practice of harvesting rice
by cutting the majority of the
aboveground portion of the rice plant
but leaving the roots and growing shoot
apices intact to allow the plant to
recover and produce a second crop
yield.
(n) Post-disaster flooding means the
destruction of a crop through flooding
in accordance with practices required
by the Federal Crop Insurance
Corporation for agricultural producers
to obtain crop insurance under the
Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) on land on which a crop
was not harvestable due to a natural
disaster (including any hurricane,
storm, tornado, flood, high water, winddriven water, tidal wave, tsunami,
earthquake, volcanic eruption,
landslide, mudslide, drought, fire,
snowstorm, or other catastrophe that is
declared a major disaster by the
President in accordance with section
401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act
(42 U.S.C. 5170)) in the crop year—
(1) In which the natural disaster
occurred; or
(2) Immediately preceding the crop
year in which the natural disaster
occurred.
*
*
*
*
*
3. Amend § 20.21 by revising
paragraph (i)(1)(i) to read as follows:
■
What hunting methods are illegal?
*
*
*
*
*
(i) * * *
(1) * * *
(i) Standing crops or flooded standing
crops (including aquatics); standing,
flooded, or manipulated natural
vegetation; flooded harvested croplands;
or lands or areas where seeds or grains
have been scattered solely as the result
of a normal agricultural planting,
harvesting, post-harvest manipulation,
rice ratooning, post-disaster flooding, or
normal soil stabilization practice;
*
*
*
*
*
Dated: July 23, 2019.
Karen Budd-Falen,
Deputy Solicitor for Parks and Wildlife,
Exercising the Authority of the Assistant
Secretary for Fish and Wildlife and Parks.
[FR Doc. 2019–16629 Filed 8–7–19; 8:45 am]
BILLING CODE 4333–15–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
§ 20.11 What terms do I need to
understand?
§ 20.21
38885
50 CFR Part 679
[Docket No. 180831813–9170–02]
RIN 0648–XH071
Fisheries of the Exclusive Economic
Zone Off Alaska; Dusky Rockfish in the
West Yakutat District of the Gulf of
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for dusky rockfish in the West
Yakutat District of the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the 2019 total
allowable catch of dusky rockfish in the
West Yakutat District of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), August 5, 2019,
through 2400 hours, A.l.t., December 31,
2019.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The 2019 total allowable catch (TAC)
of dusky rockfish in the West Yakutat
District of the GOA is 95 metric tons
(mt) as established by the final 2019 and
2020 harvest specifications for
groundfish of the (84 FR 9416, March
14, 2019).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2019 TAC of dusky
rockfish in the West Yakutat District of
the GOA will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 90 mt, and is setting aside
the remaining 5 mt as bycatch to
support other anticipated groundfish
fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
SUMMARY:
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Agencies
[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Rules and Regulations]
[Pages 38883-38885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16629]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2019-0008; FF09M21200-189-FXMB1231099BPP0]
RIN 1018-BD90
Migratory Bird Hunting; Normal Agricultural Operations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Agriculture Improvement Act of 2018 includes a provision
that directs the Secretary of the Interior to revise the Federal
migratory bird hunting regulations in part 20 of title 50 of the Code
of Federal Regulations. The provision directs the Secretary to clarify
that rice ratooning and post-disaster flooding, when carried out as
part of a normal agricultural operation, do not constitute baiting.
Current Federal regulations in 50 CFR part 20 prohibit the use of
baiting to attract birds when hunting. This rule implements the
Congressional directives in the Agriculture Improvement Act of 2018 by
making the necessary revisions to the migratory bird hunting
regulations regarding rice ratooning and post-disaster flooding.
DATES: This action is effective August 8, 2019.
ADDRESSES: This final rule is available on the internet at https://www.regulations.gov in Docket No. FWS-HQ-MB-2019-0008.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS: MB, 5275 Leesburg Pike, Falls
Church, VA 22041-3803; (703) 358-1967. If you use a telecommunications
device for the deaf (TDD), call the Federal Relay Service at 800-877-
8339.
SUPPLEMENTARY INFORMATION:
Background
In 1916, the United States and Great Britain (on behalf of Canada),
signed a treaty to protect migratory birds. In 1918, Congress passed
the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703-711) to implement
the treaty with Canada. Among other things, the MBTA, as enacted,
prohibited unauthorized hunting and selling of birds covered by the
treaty. The United States later signed bilateral treaties with Mexico,
Japan, and the Union of Soviet Socialist Republics to protect migratory
birds. After each treaty was signed, Congress amended the MBTA to cover
the species addressed in that treaty. Unless permitted by regulation,
the MBTA
[[Page 38884]]
prohibits the ``taking'' and ``killing'' of migratory birds (16 U.S.C.
703, 704).
``Take'' is defined in part 10 of title 50 of the Code of Federal
Regulations (CFR) as ``to pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or attempt to pursue, hunt, shoot, wound, kill,
trap, capture, or collect'' (50 CFR 10.12). ``Migratory bird'' means
any bird protected by any of the treaties and currently includes those
bird species in the United States listed in 50 CFR 10.13, regardless of
whether the particular species actually migrates.
Under the MBTA, the Secretary of the Interior is authorized to
determine when ``hunting, taking, capture, killing, possession, sale,
purchase, shipment, transportation, carriage, or export'' of migratory
game birds can take place, and to adopt regulations for this purpose.
The regulations governing the hunting of migratory game birds are
located at 50 CFR part 20. The responsibility for issuing and enforcing
the migratory game bird hunting regulations has been delegated to the
U.S. Fish and Wildlife Service as the lead Federal agency for managing
and conserving migratory birds in the United States.
Congressional Action
The Agriculture Improvement Act of 2018 (Pub. L. 115-334, Act) was
enacted on December 20, 2018. A provision of that act directs the
Secretary of the Interior, within 30 days of enactment of the law and
in consultation with the Secretary of Agriculture, to revise part 20 of
title 50, Code of Federal Regulations, to clarify that rice ratooning
and post-disaster flooding, when carried out as part of a normal
agricultural operation, do not constitute baiting. Specifically,
section 12601 of the Agriculture Improvement Act of 2018 defined
``normal agricultural operation'' as having the meaning given the term
in Sec. 20.11 of title 50, Code of Federal Regulations (as in effect
on the date of enactment of this Act). Post-disaster flooding is
defined as the destruction of a crop through flooding in accordance
with practices required by the Federal Crop Insurance Corporation for
agricultural producers to obtain crop insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) on land on which a crop was not
harvestable due to a natural disaster (including any hurricane, storm,
tornado, flood, high water, wind-driven water, tidal wave, tsunami,
earthquake, volcanic eruption, landslide, mudslide, drought, fire,
snowstorm, or other catastrophe that is declared a major disaster by
the President in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)) in the
crop year--
[cir] in which the natural disaster occurred; or
[cir] immediately preceding the crop year in which the natural
disaster occurred.
Section 12601of the Act defines ``rice ratooning'' to mean the
agricultural practice of harvesting rice by cutting the majority of the
aboveground portion of the rice plant but leaving the roots and growing
shoot apices intact to allow the plant to recover and produce a second
crop yield.
In addition, the Act requires the Secretary of the Interior, in
consultation with the Secretary of Agriculture, not later than 30 days
after its enactment to revise part 20 of title 50, Code of Federal
Regulations, to clarify that rice ratooning and post-disaster flooding,
when carried out as part of a normal agricultural operation, do not
constitute baiting.
Current Regulations
Terms that are used in the migratory bird hunting regulations in
title 50 of the CFR are defined at 50 CFR 20.11 (2018 Edition). https://www.govinfo.gov/content/pkg/CFR-2018-title50-vol9/pdf/CFR-2018-title50-vol9-sec20-11.pdf. This section defines ``normal agricultural
planting, harvesting, or post-harvest manipulation'' as meaning a
planting or harvesting undertaken for the purpose of producing and
gathering a crop, or manipulation after such harvest and removal of
grain, that is conducted in accordance with official recommendations of
State Extension Specialists of the Cooperative Extension Service of the
U.S. Department of Agriculture. ``Normal agricultural operation'' is
defined as meaning a normal agricultural planting, harvesting, post-
harvest manipulation, or agricultural practice that is conducted in
accordance with official recommendations of State Extension Specialists
of the Cooperative Extension Service of the U.S. Department of
Agriculture. ``Baited area'' means any area on which salt, grain, or
other feed has been placed, exposed, deposited, distributed, or
scattered, if that salt, grain, or other feed could serve as a lure or
attraction for migratory game birds to, on, or over areas where hunters
are attempting to take them. Any such area will remain a baited area
for 10 days following the complete removal of all such salt, grain, or
other feed. Finally, Sec. 20.11 defines ``bating'' to mean the direct
or indirect placing, exposing, depositing, distributing, or scattering
of salt, grain, or other feed that could serve as a lure or attraction
for migratory game birds to, on, or over any areas where hunters are
attempting to take them.
The regulations in 50 CFR 20.21 (2018 Edition) address illegal
methods of hunting migratory birds; one of the prohibited practices
includes the use of baiting to attract birds. The regulations pertinent
to this rule are found in paragraph (i) of that section, see https://www.govinfo.gov/content/pkg/CFR-2018-title50-vol9/pdf/CFR-2018-title50-vol9-sec20-21.pdf.
Effects of the Rule
This rule implements the directives set forth in section 12601 of
Public Law 115-334. In compliance with that section, we have consulted
with the office of the Secretary of Agriculture on this rule. That
office concurs with this rulemaking action. To carry out the intent of
Congress in the Agriculture Improvement Act of 2018 (Pub. L. 115-334),
we hereby amend 50 CFR 20.11, by adding definitions of ``post-disaster
flooding'' and ``rice ratooning,'' and 50 CFR 20.21(i)(1)(i), by adding
these new terms to the regulations concerning baited areas. The new
definitions and revised regulations are set forth at the end of this
document in the rule portion.
Current regulations allow rice producers to grow rice to
completion, harvest it, post-harvest manipulate it, flood it, and hunt
over it. Rice growers may also grow rice to completion, not harvest or
manipulate it, flood the rice, and hunt over it. If a rice grower
chooses to manipulate un-harvested rice, then the growing area
constitutes a baited area until all grain is removed at least 10 days
prior to hunting. Under this rule, growers can grow rice to completion,
harvest it, let the second growth establish, and hunt over it. Growers
cannot manipulate the second growth in any way that may expose seed. If
the second growth is manipulated, the growing area constitutes a baited
area until all grain is removed at least 10 days prior to hunting.
Regulations currently allow the grower of any crop to grow,
harvest, post-harvest manipulate, flood, and hunt over the crop. A
grower can raise a crop to completion, not harvest or manipulate it,
then intentionally flood the crop for the purposes of hunting. If a
grower does not harvest a completed crop and decides to manipulate it,
the grower must adhere to the 10-day baiting rule prior to hunting. The
revised regulations will allow hunting over a crop that is rendered
``not harvestable'' because of a disaster
[[Page 38885]]
declaration under the Stafford Act and for which the Federal Crop
Insurance Corporation has declared that the crop may be destroyed by
flooding (and only flooding). No other manipulation is allowed. If the
crop is manipulated by any means other than flooding, the growing area
would be considered a baited area until all the grain is removed at
least 10 days prior to hunting.
Effective Date
This rule is effective upon publication in the Federal Register.
Section 12601 of subtitle F of Public Law 115-334 directs the Secretary
of the Interior to issue, within 30 days of enactment of the law, this
final rule. Therefore, under these circumstances, we have determined,
pursuant to 5 U.S.C. 553(b)(B), that prior notice and opportunity for
public comment are impracticable and unnecessary. We have further
determined, pursuant to 5 U.S.C. 553(d)(3), that the Congressional
mandates imposed on the Department of the Interior by the Agriculture
Improvement Act of 2018 constitute good cause to make this rule
effective upon publication.
Required Determinations
This rulemaking implements section 12601 of subtitle F of Public
Law 115-334. Issuance of this rule is a nondiscretionary act for the
U.S. Fish and Wildlife Service. Therefore, the promulgation of this
rule is not subject to any other provision of statute or regulation
that applies to the issuance of Federal rules. Accordingly, in issuing
this rule, the Service has not made and is not required to make
determinations otherwise required by statute, regulation, or Executive
Order for the promulgation of Federal rules.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Regulation Promulgation
Accordingly, part 20, subchapter B, chapter I of title 50 of the
Code of Federal Regulations is amended as follows:
PART 20--MIGRATORY BIRD HUNTING
0
1. The authority citation for part 20 continues to read as follows:
Authority: 16 U.S.C. 703 et seq., and 16 U.S.C. 742a-j.
0
2. Amend Sec. 20.11 by redesignating paragraphs (m) and (n) as
paragraphs (o) and (p), respectively, and adding new paragraphs (m) and
(n) to read as follows:
Sec. 20.11 What terms do I need to understand?
* * * * *
(m) Rice ratooning means the agricultural practice of harvesting
rice by cutting the majority of the aboveground portion of the rice
plant but leaving the roots and growing shoot apices intact to allow
the plant to recover and produce a second crop yield.
(n) Post-disaster flooding means the destruction of a crop through
flooding in accordance with practices required by the Federal Crop
Insurance Corporation for agricultural producers to obtain crop
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)
on land on which a crop was not harvestable due to a natural disaster
(including any hurricane, storm, tornado, flood, high water, wind-
driven water, tidal wave, tsunami, earthquake, volcanic eruption,
landslide, mudslide, drought, fire, snowstorm, or other catastrophe
that is declared a major disaster by the President in accordance with
section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170)) in the crop year--
(1) In which the natural disaster occurred; or
(2) Immediately preceding the crop year in which the natural
disaster occurred.
* * * * *
0
3. Amend Sec. 20.21 by revising paragraph (i)(1)(i) to read as
follows:
Sec. 20.21 What hunting methods are illegal?
* * * * *
(i) * * *
(1) * * *
(i) Standing crops or flooded standing crops (including aquatics);
standing, flooded, or manipulated natural vegetation; flooded harvested
croplands; or lands or areas where seeds or grains have been scattered
solely as the result of a normal agricultural planting, harvesting,
post-harvest manipulation, rice ratooning, post-disaster flooding, or
normal soil stabilization practice;
* * * * *
Dated: July 23, 2019.
Karen Budd-Falen,
Deputy Solicitor for Parks and Wildlife, Exercising the Authority of
the Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2019-16629 Filed 8-7-19; 8:45 am]
BILLING CODE 4333-15-P