Migratory Bird Permits; Administrative Updates to 50 CFR Parts 21 and 22, 876-885 [2021-28086]
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Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Rules and Regulations
provide the maritime community with
notification of this enforcement period
via Broadcast Notice to Mariners. The
Captain of the Port, Lake Michigan or a
designated on-scene representative may
be contacted via VHF–FM Channel 16 or
(414) 747–7182.
Dated: January 4, 2022.
Doreen McCarthy,
Commander, U.S. Coast Guard, Alternate
Captain of the Port, Lake Michigan.
[FR Doc. 2022–00216 Filed 1–6–22; 8:45 am]
BILLING CODE 9110–04–P
requirements of, or any other
requirements of the regulations.
DATES: This rule is effective February 7,
2022.
FOR FURTHER INFORMATION CONTACT:
Jennifer Miller, Division of Migratory
Bird Management, U.S. Fish and
Wildlife Service, telephone: 540–681–
0439, email: jennifer_miller@fws.gov.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 12, 13, 17, 19, 20, 21, and
22
[Docket No. FWS–HQ–MB–2021–0025;
FF09M22000–223–FXMB12320900000]
RIN 1018–BF59
Migratory Bird Permits; Administrative
Updates to 50 CFR Parts 21 and 22
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are
renumbering, renaming, and rearranging
certain subparts and sections in our
regulations. These changes will provide
users a more organized road map of the
Service’s migratory bird and eagle
permit processes and improve
readability of the regulations. These
changes necessitate updating crossreferences to the affected section
numbers in other parts of our
regulations. In addition, we are making
several nonsubstantive, editorial
revisions to correct misspellings, update
internet addresses, update applicable
Office of Management and Budget
(OMB) control numbers, and add or
update relevant family and scientific
names. This rule is a purely
administrative action; it does not change
the species protected by, the permit
SUMMARY:
The U.S. Fish and Wildlife Service is
the Federal agency delegated with the
primary responsibility for managing
migratory birds. Our authority derives
from the Migratory Bird Treaty Act of
1918, as amended, 16 U.S.C. 703 et seq.
(MBTA), which implements
conventions with Great Britain (for
Canada), Mexico, Japan, and the Russia
Federation. The MBTA protects certain
migratory birds from take, except as
permitted under the MBTA. 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
set forth at 50 CFR part 21.
In addition, the Bald and Golden
Eagle Protection Act, 16 U.S.C. 668 et
seq. (Eagle Act), prohibits take of bald
eagles and golden eagles except
pursuant to Federal regulations. The
Eagle Act authorizes the Secretary of the
Interior to issue regulations to permit
the ‘‘taking’’ of eagles for various
purposes, including the protection of
‘‘other interests in any particular
locality’’ (16 U.S.C. 668a), provided the
taking is compatible with the
preservation of eagles. Regulations
pertaining to eagle permits are set forth
at 50 CFR part 22.
The regulations at 50 CFR parts 21
and 22 were established in 1974. Since
1974, we have published many rules to
add, revise, or remove portions of these
regulations. We have not, however,
published a reorganization rule to
address the need for better organization
and enhanced readability of these
regulations until this time.
This Rule
Renaming and Renumbering of Sections
of the Regulations
We are renumbering most of the
sections, and renaming and rearranging
certain sections, in 50 CFR parts 21 and
22. Below, we provide a redesignation
table to help the public readily identify
the new numbers, names, and locations
of applicable regulations (see tables 1
and 2, below). Only those subparts or
sections that are redesignated, renamed,
and/or rearranged are reflected in the
tables below; the revised table of
contents following each table shows
every subpart and section heading in
each part. These actions are
administrative in nature; we are not
changing the species protected by, the
permit requirements of, or any other
requirements of the regulations.
We are making these changes for a
variety of reasons. First, some subpart
headings in 50 CFR parts 21 and 22 lack
specificity. Second, some sections of 50
CFR parts 21 and 22 contain many and
varied requirements that will be easier
to locate when placed in their own
sections with more descriptive section
headers. Third, several sections will be
easier to find when placed under a
different subpart. Last, the current
sequential numbering of sections,
without adequate intervening open
section numbers, requires new
regulations to be placed as space allows.
These changes will allow for clear and
understandable future additions to the
regulations.
All of the changes to the regulations
described in this rule are intended to
improve the clarity and readability of
the regulations at 50 CFR parts 21 and
22. They are administrative in nature
and do not change the substance of the
regulations. These changes should help
readers more easily locate applicable
regulations and help the Service provide
a clearer and more organized
presentation of the permit regulations
for migratory birds and eagles now and
in the future.
TABLE 1—REDESIGNATIONS FOR 50 CFR PART 21
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Old subpart or section
New subpart or section
Subpart A—Introduction ...........................................................................
§ 21.1 Purpose of regulations ................................................................
§ 21.2 Scope of regulations ...................................................................
§ 21.3 Definitions ....................................................................................
§ 21.4 Information collection requirements ............................................
Subpart B—General Requirements and Exceptions ................................
§ 21.11 General permit requirements ....................................................
§ 21.13 Permit exceptions for captive-reared mallard ducks .................
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Subpart A—Introduction and General Requirements.
§ 21.2 Purpose of this part.
§ 21.4 Scope of this part.
§ 21.6 Definitions.
§ 21.8 Information collection requirements.
Subpart B—Exceptions to Permit Requirements.
§ 21.10 General permit requirements. (moved to Subpart A)
§ 21.45 Permit exceptions for captive-reared mallard ducks.
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877
TABLE 1—REDESIGNATIONS FOR 50 CFR PART 21—Continued
Old subpart or section
New subpart or section
§ 21.14 Permit exceptions for captive-bred migratory waterfowl other
than mallard ducks.
§ 21.15 Authorization of take incidental to military readiness activities
§ 21.21 Import and export permits .........................................................
§ 21.22 Banding or marking permits ......................................................
§ 21.23 Scientific collecting permits .......................................................
§ 21.24 Taxidermist permits ...................................................................
§ 21.25 Waterfowl sale and disposal permits ........................................
§ 21.26 Special Canada goose permit ...................................................
§ 21.27 Special purpose permits ............................................................
§ 21.28 Special double-crested cormorant permit .................................
§ 21.48 Permit exceptions for captive-bred migratory waterfowl other
than mallard ducks.
§ 21.42 Authorization of take incidental to military readiness activities.
§ 21.67 Import and export permits.
§ 21.70 Banding or marking permits.
§ 21.73 Scientific collecting permits.
§ 21.63 Taxidermist permits.
§ 21.88 Waterfowl sale and disposal permits.
§ 21.120 Special Canada goose permit. (moved to Subpart D)
§ 21.95 Special purpose permits.
§ 21.123 Special double-crested cormorant permit. (moved to Subpart
D)
§ 21.82 Falconry standards and falconry permitting.
§ 21.85 Raptor propagation permits.
§ 21.76 Rehabilitation permits.
Subpart D—Provisions for Depredating, Overabundant, or Otherwise
Injurious Birds.
§ 21.100 Depredation permits.
§ 21.150 Depredation order for blackbirds, cowbirds, crows, grackles,
and magpies.
§ 21.153 Depredation order for horned larks, house finches, and
white-crowned sparrows in California.
§ 21.156 Depredation order for depredating California scrub jays and
Steller’s jays in Washington and Oregon.
§ 21.159 Control order for resident Canada geese at airports and military airfields.
§ 21.162 Depredation order for resident Canada geese nests and
eggs.
§ 21.165 Depredation order for resident Canada geese at agricultural
facilities.
§ 21.168 Public health control order for resident Canada geese.
§ 21.171 Control order for purple swamphens.
§ 21.174 Control order for Muscovy ducks in the United States.
§ 21.177 Control order for invasive migratory birds in Hawaii.
[Subpart E heading is removed].
§ 21.180 Conservation order for light geese. (moved to Subpart D)
§ 21.183 Population control of resident Canada geese. (moved to
Subpart D)
§ 21.29
§ 21.30
§ 21.31
Subpart
Falconry standards and falconry permitting ..............................
Raptor propagation permits .......................................................
Rehabilitation permits ................................................................
D—Control of Depredating and Otherwise Injurious Birds ........
§ 21.41 Depredation permits ..................................................................
§ 21.43 Depredation order for blackbirds, cowbirds, crows, grackles,
and magpies.
§ 21.44 Depredation order for horned larks, house finches, and whitecrowned sparrows in California.
§ 21.46 Depredation order for depredating California scrub jays and
Steller’s jays in Washington and Oregon.
§ 21.49 Control order for resident Canada geese at airports and military airfields.
§ 21.50 Depredation order for resident Canada geese nests and eggs
§ 21.51 Depredation order for resident Canada geese at agricultural
facilities.
§ 21.52 Public health control order for resident Canada geese ............
§ 21.53 Control order for purple swamphens ........................................
§ 21.54 Control order for muscovy ducks in the United States .............
§ 21.55 Control order for invasive migratory birds in Hawaii .................
Subpart E—Control of Overabundant Migratory Bird Populations ..........
§ 21.60 Conservation order for light geese ............................................
§ 21.61 Population control of resident Canada geese ...........................
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TABLE 2—REDESIGNATIONS FOR 50 CFR PART 22
Old subpart or section
New subpart or section
Subpart A—Introduction ...........................................................................
§ 22.1 What is the purpose of this part? ................................................
§ 22.2 What activities does this part apply to? ......................................
§ 22.3 Definitions ....................................................................................
§ 22.4 Information collection requirements ............................................
Subpart B—General Requirements ..........................................................
§ 22.11 What is the relationship to other permit requirements? ............
Subpart A—Introduction and General Requirements.
§ 22.2 Purpose of this part.
§ 22.4 Scope of this part.
§ 22.6 Definitions.
§ 22.8 Information collection requirements.
[Subpart B—Reserved].
§ 22.10 Relationship to other permit requirements. (moved to Subpart
A)
§ 22.12 Illegal activities. (Moved to Subpart A)
Subpart C—Specific Eagle Permit Provisions.
§ 22.50 Eagle scientific and eagle exhibition permits.
§ 22.12 What activities are illegal? ........................................................
Subpart C—Eagle Permits .......................................................................
§ 22.21 What are the requirements concerning scientific and exhibition purpose permits?
§ 22.22 What are the requirements concerning permits for Indian religious purposes?
§ 22.23 What are the requirements for permits to take depredating eagles and eagles that pose a risk to human or eagle health and safety?
§ 22.24 Permits for falconry purposes ...................................................
§ 22.25 What are the requirements concerning permits to take golden
eagle nests?
§ 22.26 Permits for eagle take that is associated with, but not the purpose of, an activity.
§ 22.27 Removal of eagle nests ............................................................
§ 22.28 Permits for bald eagle take exempted under the Endangered
Species Act.
Subpart D—Depredation Control Orders on Golden Eagles ...................
§ 22.31 Golden eagle depredations control order on request of Governor of a State.
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§ 22.60
§ 22.100
Eagle Indian religious permits.
Eagle depredation permits. (moved to Subpart D)
§ 22.70 Eagle falconry permits.
§ 22.75 Golden eagle nest take permits.
§ 22.80 Permits for eagle take that is associated with, but not the purpose of, an activity.
§ 22.85 Removal of eagle nests.
§ 22.90 Permits for bald eagle take exempted under the Endangered
Species Act.
Subpart D—Provisions for Depredating Eagles.
§ 22.120 Golden eagle depredations control order on request of Governor of a State.
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TABLE 2—REDESIGNATIONS FOR 50 CFR PART 22—Continued
Old subpart or section
New subpart or section
§ 22.32 Conditions and limitations on taking under depredation control
order.
§ 22.122 Conditions and limitations on taking under depredation control order.
Editorial Corrections
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Cross-References in Other Parts of Our
Regulations
Because we are renumbering all
sections, and renaming and rearranging
certain sections, in 50 CFR parts 21 and
22, we need to correct outdated crossreferences to these sections in other
parts of our regulations. These updates
are administrative in nature; they do not
change the species protected by, the
permit requirements of, or any other
requirements of the regulations.
Other Corrections
In this rule, we are making several
nonsubstantive, editorial revisions to
correct misspellings, update internet
addresses, update applicable OMB
control numbers and information
collection statements, and add or update
relevant family and scientific names in
certain sections of 50 CFR parts 21 and
22.
Our updates to applicable OMB
control numbers provide the currently
approved OMB control numbers for the
information collection requirements in
50 CFR parts 21 and 22. Our updates to
information collection statements in
certain sections of 50 CFR parts 21 and
22 provide a consistent approach to the
presentation of this information in our
regulations and, for those affected
sections, streamline the information in
our regulations to codify only the
information needed to notify the public
that the information collection
requirements are approved by OMB. In
those sections, we are removing burden
estimates from the regulations because it
is our current practice not to include
these estimates, as they do change on
occasion and any changes would require
us to publish a rulemaking document to
update the regulations. All current and
past burden estimates for OMB control
numbers are available online at https://
www.reginfo.gov under the ‘‘Information
Collection Review’’ tab.
Our additions or updates to relevant
family and scientific names include, but
are not limited to, specifying ‘‘(family
Anatidae)’’ where we refer to migratory
waterfowl and adding scientific names,
such as ‘‘(Anas platyrhynchos)’’ where
we refer to mallard duck and ‘‘(Branta
canadensis)’’ where we refer to Canada
goose, where they are lacking in certain
sections of part 21. In addition, in
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certain sections of part 21, we are
amending certain common names and/
or scientific names of species to match
those amendments adopted in the latest
revision of the List of Migratory Birds at
50 CFR 10.13 (see 85 FR 21282; April
16, 2020); these changes include, but are
not limited to, replacing the common
name ‘‘American swallow-tailed kite’’
with ‘‘swallow-tailed kite’’ and
replacing the scientific name
‘‘Psiloscops flammeolus’’ with ‘‘Otus
flammeolus’’ for the flammulated owl.
All of these editorial revisions are for
clarity, accuracy, and consistency
within our regulations. Like the other
changes described in this rule, these
revisions are purely administrative; they
do not change the species protected by,
the permit requirements of, or any other
requirements of the regulations.
Administrative Procedure Act
This rule is a purely administrative
action; it makes no changes the
substance of the regulations in any way.
We are renumbering, renaming, and
rearranging certain subparts and
sections in parts 21 and 22, and making
editorial corrections to those parts, to
provide regulated entities and the
general public with clearer and better
organized regulations. This rule is a
‘‘rule of agency organization, procedure
or practice’’ under 5 U.S.C. 553(b), and
therefore may be made final without
previous notice to the public. This is a
final rule.
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. The OIRA has determined that
this rule is not significant.
Executive Order (E.O.) 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. E.O. 13563
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
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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 entities (that
is, small businesses, small
organizations, and small government
jurisdictions). However, no regulatory
flexibility analysis is required if the
head of an agency certifies the rule will
not have a significant economic 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 will not have a
significant economic impact on a
substantial number of small entities.
We have examined this rule’s
potential effects on small entities as
required by the Regulatory Flexibility
Act, and have determined that this
action will not have a significant
economic impact on a substantial
number of small entities. This rule
reorganizes the regulations in parts 21
and 22 of title 50 of the Code of Federal
Regulations, and makes nonsubstantive,
editorial corrections to those
regulations. We are taking this action to
ensure that our regulations are clearly
organized and easily locatable by
regulated entities and the general
public. This rule will not result in any
costs or benefits to any entities, large or
small. Therefore, we certify that this
rule will not have a significant
economic effect on a substantial number
of small entities. As such, a regulatory
flexibility analysis is not required.
This rule is not a major rule under the
SBREFA (5 U.S.C. 804(2)). It will not
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have a significant economic impact on
a substantial number of small entities.
a. This rule will not have an annual
effect on the economy of $100 million
or more. There are no costs to any
entities resulting from these revisions to
the regulations.
b. This rule will not cause a major
increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions. The
administrative updates in this rule do
not affect costs or prices in any sector
of the economy.
c. This rule will not have significant
adverse effects on competition,
employment, investment, productivity,
innovation, or the ability of U.S.-based
enterprises to compete with foreignbased enterprises.
Unfunded Mandates Reform Act (2
U.S.C. 1501 et seq.)
In accordance with the Unfunded
Mandates Reform Act, we have
determined the following:
a. This rule will not ‘‘significantly or
uniquely’’ affect small governments in a
negative way. A small government
agency plan is not required.
b. This rule will 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 (E.O. 12630)
Under the criteria outlined in E.O.
12630, this final rule does not have
significant takings implications. This
rule is an administrative action to
reorganize our regulations at 50 CFR
parts 21 and 22; it does not contain a
provision for taking of private property.
A takings implication assessment is not
required.
Federalism (E.O. 13132)
This rule does not have sufficient
Federalism effects to warrant
preparation of a federalism summary
impact statement under E.O. 13132.
Civil Justice Reform (E.O. 12988)
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In accordance with E.O. 12988, the
Office of the Solicitor has determined
that the rule does not unduly burden the
judicial system and meets the
requirements of sections 3(a) and 3(b)(2)
of the Order.
Paperwork Reduction Act (44 U.S.C.
3501 et seq.)
This rule does not contain any
information collection that would
require OMB approval under the
Paperwork Reduction Act of 1995. A
Federal agency may not conduct or
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sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number.
National Environmental Policy Act (42
U.S.C. 4321 et seq.)
We evaluated the environmental
impacts of the changes to the
regulations, and determined that this
rule does not have any environmental
impacts.
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 the Department of the
Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
recognized Federal Tribes on a
government-to-government basis. In
accordance with Secretarial Order 3206
of June 5, 1997 (American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act), we readily acknowledge
our responsibilities to work directly
with Tribes in developing programs for
healthy ecosystems, to acknowledge that
Tribal lands are not subject to the same
controls as Federal public lands, to
remain sensitive to Indian culture, and
to make information available to Tribes.
We have determined that no Tribes or
Tribal lands, sacred sites, or resources
will be affected by the administrative
changes in this rule.
Energy Supply, Distribution, or Use
(E.O. 13211)
E.O. 13211 requires agencies to
prepare Statements of Energy Effects
when undertaking certain actions.
Because this rule is administrative, it is
not a significant regulatory action under
E.O. 12866, and it will not significantly
affect energy supplies, distribution, or
use. Therefore, this action is not a
significant energy action and no
Statement of Energy Effects is required.
List of Subjects
Administrative practice and
procedure, Exports, Fish, Imports,
Plants, Seizures and forfeitures, Surety
bonds, Transportation, Wildlife.
50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
50 CFR Part 21
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
50 CFR Part 22
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation, Wildlife.
Regulation Promulgation
Accordingly, we amend parts 12, 13,
17, 19, 21, and 22 of subchapter B of
chapter I, title 50 of the Code of Federal
Regulations, as set forth below:
PART 12—SEIZURE AND FORFEITURE
PROCEDURES
1. The authority citation for part 12
continues to read as follows:
■
Authority: Act of September 6, 1966, 5
U.S.C. 301; Bald and Golden Eagles
Protection Act, 16, U.S.C. 668–668b; National
Wildlife Refuge System Administration Act,
16 U.S.C. 668dd(e)–(f); Migratory Bird Treaty
Act, 16 U.S.C. 704, 706–707, 712; Migratory
Bird Hunting and Conservation Stamp Act,
16 U.S.C. 718f–718g; Fish and Wildlife Act
of 1956 [Airborne Hunting Amendments], 16
U.S.C. 742j–l(d)–(f); Black Bass Act, 16 U.S.C.
852d–853; Marine Mammal Protection Act of
1972, 16 U.S.C. 1375–1377, 1382;
Endangered Species Act of 1973, 16 U.S.C.
1540; Lacey Act, 18 U.S.C. 43, 44; Lacey Act
Amendments of 1981, 95 Stat. 1073–1080, 16
U.S.C. 3371 et seq.; Tariff Act of 1930, 19
U.S.C. 1602–1624; Fish and Wildlife
Improvement Act of 1978, 16 U.S.C. 742l;
Exotic Organisms, E.O. 11987, 42 FR 26949;
American Indian Religious Freedom Act, 42
U.S.C. 1996.
§ 12.36
[Amended]
2. Amend § 12.36 in paragraph (c) by
removing the number ‘‘22.22’’ and
adding in its place the number ‘‘22.60’’.
PART 13—GENERAL PERMIT
PROCEDURES
3. The authority citation for part 13
continues to read as follows:
Administrative practice and
procedure, Exports, Fish, Imports,
Plants, Reporting and recordkeeping
requirements, Transportation, Wildlife.
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50 CFR Part 19
Aircraft, Fish, Hunting, Reporting and
recordkeeping requirements, Wildlife.
■
50 CFR Part 13
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50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
■
50 CFR Part 12
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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.
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§ 13.11
[Amended]
4. Amend § 13.11 in paragraph (b)(1)
by removing the number ‘‘21.22’’ and
adding in its place the number ‘‘21.70’’.
■
§ 13.12
[Amended]
5. Amend § 13.12 in the table in
paragraph (b) by adding a heading to the
table and revising the entries for
‘‘Migratory bird permits’’ and ‘‘Eagle
permits’’ to read as follows:
■
§ 13.12 General information requirements
on applications for permits.
*
*
*
(b) * * *
*
*
TABLE 1 TO PARAGRAPH (b)
Type of permit
Section
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
8. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
§ 17.21
[Amended]
9. Amend § 17.21 by:
a. In paragraph (c)(6) introductory
text, removing the number ‘‘21.31’’ and
adding in its place the number ‘‘21.76’’;
and
■ b. In paragraph (d)(3) introductory
text, removing the number ‘‘21.31’’ and
adding in its place the number ‘‘21.76’’.
■
■
PART 19—AIRBORNE HUNTING
10. The authority citation for part 19
continues to read as follows:
■
*
*
*
*
Migratory bird permits:
Taxidermist ........................
Import and export ..............
Banding or marking ...........
Scientific collecting ............
Rehabilitation .....................
Falconry .............................
Raptor propagation permit
Waterfowl sale and disposal ..............................
Special purpose .................
Depredation .......................
Special Canada goose ......
Special double-crested cormorant ............................
Eagle permits:
Scientific or exhibition .......
Indian religious use ...........
Falconry purposes .............
Take of golden eagle nests
Eagle take—Associated
with but not the purpose
of an activity ...................
Eagle nest take .................
Eagle take—Exempted
under ESA .....................
Depredation and protection
of health and safety .......
§ 13.24
*
21.63
21.67
21.70
21.73
21.76
21.82
21.85
Authority: Fish and Wildlife Act of 1956,
85 Stat. 480, as amended, 86 Stat. 905 (16
U.S.C. 742a–j–1).
§ 19.3
11. Amend § 19.3 by removing the
number ‘‘21.41’’ and adding in its place
the number ‘‘21.100’’.
■
§ 19.21
21.88
21.95
21.100
21.120
21.123
22.50
22.60
22.70
22.75
22.80
22.85
[Amended]
[Amended]
12. Amend § 19.21 by removing the
number ‘‘21.41’’ and adding in its place
the number ‘‘21.100’’.
■
PART 20—MIGRATORY BIRD
HUNTING
13. The authority citation for part 20
continues to read as follows:
■
[Amended]
15. Amend § 20.65 by removing the
number ‘‘21.24’’ and adding in its place
the number ‘‘21.63’’.
PART 21—MIGRATORY BIRD PERMITS
[Amended]
7. Amend § 13.25 by:
■ a. In paragraph (b) introductory text,
removing the number ‘‘22.26’’ and
adding in its place the number ‘‘22.80’’;
and
■ b. In paragraph (f), removing the
number ‘‘22.26’’ and adding in its place
the number ‘‘22.80’’.
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■
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*
16. The authority citation for part 21
continues to read as follows:
■
Authority: 16 U.S.C. 703–712.
Purpose of this part.
*
*
*
*
20. In newly redesignated § 21.4,
revise the section heading and
paragraph (b) to read as follows:
■
§ 21.4
Scope of this part.
*
*
*
*
*
(b) This part, except for § 21.12(a), (c),
and (d) (general permit exceptions);
§ 21.70 (banding or marking); § 21.76
(rehabilitation); and § 21.82 (falconry),
does not apply to the bald eagle
(Haliaeetus leucocephalus) or the
golden eagle (Aquila chrysaetos), for
which regulations are provided in part
22 of this subchapter.
*
*
*
*
*
§ 21.6
[Amended]
21. In the newly redesignated § 21.6,
amend the definitions of ‘‘Conservation
measures’’, ‘‘Population’’, and
‘‘Significant adverse effect on a
population’’ by removing the number
‘‘21.15’’ and adding in its place the
number ‘‘21.42’’.
■
§ 21.8
[Amended]
■
§ 13.25
§ 21.2
§ 20.23
§ 20.65
6. Amend § 13.24 in paragraph (c) by
removing the number ‘‘22.26’’ and
adding in its place the number ‘‘22.80’’.
19. Amend newly redesignated § 21.2
by:
■ a. Revising the section heading; and
■ b. In the first sentence, removing the
word ‘‘transporation’’ and adding in its
place the word ‘‘transportation’’.
The revision reads as follows.
■
■
14. Amend § 20.23 by removing the
22.90 words ‘‘subpart E of part 21’’ and adding
in their place the words ‘‘50 CFR 21.180
22.100 and 21.183’’.
■
18. Redesignate §§ 21.1, 21.2, 21.3,
and 21.4 as §§ 21.2, 21.4, 21.6, and 21.8,
respectively.
■
Authority: 16 U.S.C. 703 et seq., and 16
U.S.C. 742a–j.
■
[Amended]
§§ 21.1, 21.2, 21.3, and 21.4 [Redesignated
as §§ 21.2, 21.4, 21.6, and 21.8]
22. Revise newly redesignated § 21.8
to read as follows:
Information collection requirements.
The Office of Management and Budget
(OMB) has approved the information
collection requirements contained in
this part and assigned OMB Control
Number 1018–0022. Federal agencies
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number. Direct comments regarding the
burden estimate or any other aspect of
the information collection to the
Service’s Information Collection
Clearance Officer at the address
provided at 50 CFR 2.1(b).
Subpart A—Introduction and General
Requirements
Subpart B—Exceptions to Permit
Requirements
17. Revise the heading of subpart A to
read as set forth above.
■
■
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23. Revise the heading of subpart B to
read as set forth above.
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§ 21.11 [Redesignated as § 21.10 and
Transferred to Subpart A]
platyrhynchos), alive or dead, or their
eggs, and possess and transport such
birds or eggs and any progeny or eggs
for your use without a permit, subject to
the following conditions and
restrictions. * * *
*
*
*
*
*
§ 21.73
§ 21.12 General exceptions to permit
requirements.
Subpart C—Specific Permit Provisions
■
*
§§ 21.21, 21.22, 21.23, 21.24, 21.25, 21.26,
21.27, 21.28, 21.29, 21.30, and 21.31
[Redesignated as §§ 21.67, 21.70, 21.73,
21.63, 21.88, 21.120, 21.95, 21.123, 21.82,
21.85, and 21.76]
24. Redesignate § 21.11 as § 21.10 and
transfer the section from subpart B to
subpart A.
■ 25. Amend § 21.12 by revising
paragraph (c)(2) to read as follows:
■
*
*
*
*
(c) * * *
(2) Euthanize migratory birds as
required by § 21.76(e)(4)(iii) and
§ 21.76(e)(4)(iv), and dispose of dead
migratory birds in accordance with
§ 21.76(e)(4)(vi); and
*
*
*
*
*
29. Redesignate the sections in
subpart C as shown in the following
table:
■
§§ 21.13, 21.14, and 21.15 [Redesignated
as §§ 21.45, 21.48, and 21.42]
Old section
New section
§ 21.21
§ 21.22
§ 21.23
§ 21.24
§ 21.25
§ 21.26
§ 21.27
§ 21.28
§ 21.29
§ 21.30
§ 21.31
§ 21.67
§ 21.70
§ 21.73
§ 21.63
§ 21.88
§ 21.120
§ 21.95
§ 21.123
§ 21.82
§ 21.85
§ 21.76
26. Redesignate §§ 21.13, 21.14, and
21.15 as §§ 21.45, 21.48, and 21.42,
respectively.
■ 27. Amend newly redesignated
§ 21.45 by revising the introductory text
to read as follows:
■
§ 21.45 Permit exceptions for captivereared mallard ducks.
tkelley on DSK125TN23PROD with RULES1
Captive-reared and properly marked
mallard ducks (Anas platyrhynchos),
alive or dead, or their eggs may be
acquired, possessed, sold, traded,
donated, transported, and disposed of
by any person without a permit, subject
to the following conditions, restrictions,
and requirements:
*
*
*
*
*
■ 28. Amend newly redesignated
§ 21.48 by:
■ a. Revising the first sentence of the
introductory text;
■ b. In paragraph (a), removing the
number ‘‘21.21’’ and adding in its place
the number ‘‘21.67’’;
■ c. In paragraph (b), removing the
number ‘‘21.13(b)’’ and adding in its
place the number ‘‘21.45(b)’’;
■ d. In paragraph (c), removing the
number ‘‘21.25’’ and adding in its place
the number ‘‘21.88’’;
■ e. In paragraph (e), removing the
number ‘‘21.25(b)(6)’’ and adding in its
place the number ‘‘21.88(b)(6)’’; and
■ f. In paragraph (f), removing the words
‘‘Notice of Waterfowl Sale or Transfer’’
and adding in their place the words
‘‘Notice of Transfer or Sale of Migratory
Waterfowl’’.
The revision reads as follows:
§ 21.48 Permit exceptions for captive-bred
migratory waterfowl other than mallard
ducks.
You may acquire captive-bred and
properly marked migratory waterfowl
(family Anatidae) of all species other
than mallard ducks (Anas
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30. Amend newly redesignated
§ 21.63 by:
■ a. Revising the first sentence of
paragraph (c)(2); and
■ b. In paragraph (d)(1), removing the
words ‘‘Notice of Waterfowl Sale or
Transfer’’ and adding in their place the
words ‘‘Notice of Transfer or Sale of
Migratory Waterfowl’’.
The revision reads as follows:
■
§ 21.63
Taxidermist permits.
*
*
*
*
*
(c) * * *
(2) Sell properly marked, captivereared migratory waterfowl (family
Anatidae) which they have lawfully
acquired and mounted. * * *
*
*
*
*
*
§ 21.67
[Amended]
31. Amend newly redesignated
§ 21.67 by:
■ a. In paragraph (c)(1) introductory
text, removing the words ‘‘of this
subpart’’ and adding in their place the
words ‘‘of this part’’; and
■ b. In paragraph (c)(2), by removing the
number ‘‘21.30’’ and adding in its place
the number ‘‘21.85’’.
■
§ 21.70
[Amended]
32. Amend newly redesignated
§ 21.70 in paragraph (c)(2) by removing
the words ‘‘(Form 3–1155, available
upon request from the Bird Banding
Laboratory, Office of Migratory Bird
■
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Management, U.S. Fish and Wildlife
Service, Laurel, Md. 20708)’’ and adding
in their place the words, ‘‘(Forms
available upon request from the Bird
Banding Laboratory, U.S. Geological
Survey, Laurel, MD 20708)’’.
[Amended]
33. Amend newly redesignated
§ 21.73 in paragraph (c)(1) by removing
the number ‘‘21.27’’ and adding in its
place the number ‘‘21.95’’.
■ 34. Amend newly redesignated
§ 21.76 by:
■ a. Revising footnote 1 in paragraph
(e)(1) introductory text; and
■ b. In paragraph (e)(8), removing the
word ‘‘Service’’ and adding in its place
the word ‘‘FWS’’.
The revision reads as follows:
§ 21.76
Rehabilitation permits.
*
*
*
*
*
(e) * * *
(1) * * *
1 Copies may be obtained by
contacting either the National Wildlife
Rehabilitators Association, https://
nwrawildlife.org/; or the International
Wildlife Rehabilitation Council, https://
theiwrc.org.
*
*
*
*
*
■ 35. Amend newly redesignated
§ 21.82 by:
■ a. In paragraph (a)(1)(ii), the first
sentence, adding the words ‘‘(Aquila
chrysaetos)’’ after the words ‘‘taking of
golden eagles’’;
■ b. In paragraphs (b)(2)(i) and (ii),
removing the ‘‘https://permits.fws.gov/
186A’’ and adding in its place ‘‘https://
epermits.fws.gov/falcp/’’;
■ c. In paragraph (c)(2)(i)(E), in the
second sentence:
■ i. Removing the word ‘‘American’’;
and
■ ii. Removing the word ‘‘Otus’’ and
adding in its place the word
‘‘Psiloscops’’;
■ d. In paragraph (c)(6)(ii), removing the
number ‘‘21.30’’ and adding in its place
the number ‘‘21.85’’;
■ e. In paragraph (e)(1)(v), removing the
number ‘‘22.23’’ and adding in its place
the number ‘‘22.100’’ and removing
‘‘22.31 and 22.32’’ and adding in their
place ‘‘22.120 and 22.122’’;
■ f. In paragraph (e)(3)(ii)(B), removing
‘‘wildlif’’ and adding in its place
‘‘wildlife.’’;
■ g. In paragraph (e)(3)(v) introductory
text, removing ‘‘bandexcept’’ and
adding in its place ‘‘band, except’’;
■ h. In paragraph (e)(3)(viii), removing
the number ‘‘22.24’’ and adding in its
place the number ‘‘22.70’’;
■ i. In paragraph (f)(7), removing the
number ‘‘21.30’’ in both places it
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appears and adding in their place the
number ‘‘21.85’’;
■ j. In paragraph (f)(10)(ii), removing the
number ‘‘21.31’’ and adding in its place
the number ‘‘21.76’’;
■ k. In paragraph (f)(15) introductory
text, removing the number ‘‘21.21’’ and
adding in its place the number ‘‘21.67’’;
■ l. In paragraph (f)(20), by removing
‘‘parts 21.43, 44, 45, or 46’’ and adding
in its place ‘‘§ 21.150, § 21.153, or
§ 21.156’’; and
■ m. Revising paragraph (j).
The revision reads as follows:
§ 21.82 Falconry standards and falconry
permitting.
*
*
*
*
*
(j) Information collection
requirements. The Office of
Management and Budget (OMB) has
approved the information collection
requirements contained in this section
and assigned OMB Control Number
1018–0022. Federal agencies may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
Direct comments regarding the burden
estimate or any other aspect of the
information collection to the Service’s
Information Collection Clearance Officer
at the address provided at 50 CFR 2.1(b).
*
*
*
*
*
§ 21.85
[Amended]
36. Amend newly redesignated
§ 21.85 by:
■ a. In paragraph (c)(1), removing the
number ‘‘21.29’’ and adding in its place
the number ‘‘21.82’’;
■ b. In paragraph (e)(1)(iii), removing
‘‘https://permits.fws.gov/186A’’ and
adding in its place ‘‘https://
epermits.fws.gov/falcp/’’; and
■ c. In paragraph (f)(4), removing the
number ‘‘21.29’’ and adding in its place
the number ‘‘21.82’’.
■ 37. Amend newly redesignated
§ 21.88 by:
■ a. Revising the first sentence of
paragraph (a);
■ b. In paragraphs (b)(3) and (4),
removing the number ‘‘21.13(b)’’ and
adding in its place the number
‘‘21.45(b)’’; and
■ c. In paragraph (b)(9) introductory
text, removing the words ‘‘Notice of
Waterfowl Sale or Transfer’’ and adding
in their place the words ‘‘Notice of
Transfer or Sale of Migratory
Waterfowl’’, and removing the number
‘‘21.13(b)’’ and adding in its place the
number ‘‘21.45(b)’’.
The revision reads as follows:
tkelley on DSK125TN23PROD with RULES1
■
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§ 21.88 Waterfowl sale and disposal
permits.
(a) * * * You must have a waterfowl
sale and disposal permit before you may
lawfully sell, trade, donate, or otherwise
dispose of most species of captivereared and properly marked migratory
waterfowl (family Anatidae) or their
eggs. * * *
*
*
*
*
*
■ 38. Amend newly redesignated
§ 21.95 by:
■ a. Revising the second sentence of
paragraph (a);
■ b. In the first sentence of paragraph (c)
introductory text, removing
‘‘Inaddition’’ and adding in its place ‘‘In
addition’’; and
■ c. In paragraphs (c)(3) and (4),
removing the number ‘‘21.13(b)’’ and
adding in its place the number
‘‘21.45(b)’’.
The revision reads as follows:
§ 21.95
Special purpose permits.
*
*
*
*
*
(a) * * * In addition, a special
purpose permit is required before any
person may sell, purchase, or barter
captive-bred, migratory game birds (see
50 CFR 20.11(a)), other than waterfowl,
that are marked in compliance with
§ 21.45(b) of this part. * * * * *
§ 21.120
other aspect of the information
collection to the Service’s Information
Collection Clearance Officer at the
address provided at 50 CFR 2.1(b).
§ 21.123 [Transferred to Subpart D and
Amended]
40. Amend newly redesignated
§ 21.123 by:
■ a. Transferring the section from
subpart C to subpart D; and
■ b. In paragraph (a) introductory text,
in the second sentence, adding the
words ‘‘(Phalacrocorax auritus)’’ after
the words ‘‘special double-crested
cormorant’’.
■
Subpart D—Provisions for
Depredating, Overabundant, or
Otherwise Injurious Birds
41. Revise the heading of subpart D to
read as set forth above.
■
§§ 21.41, 21.43, 21.44, 21.46, 21.49, 21.50,
21.51, 21.52, 21.53, 21.54, and 21.55
[Redesignated as §§ 21.100, 21.150, 21.153,
21.156, 21.159, 21.162, 21.165, 21.168,
21.171, 21.174, and 21.177]
42. Redesignate the sections in
subpart D as shown in the following
table:
■
[Transferred to Subpart D]
39. Amend newly redesignated
§ 21.120 by:
■ a. Transferring the section from
subpart C to subpart D;
■ b. Revising the second sentence of
paragraph (a),
■ c. In paragraph (c) introductory text,
adding the words ‘‘(Form 3–200–6)’’
after the word ‘‘application’’; and
■ d. Revising paragraph (e).
The revisions read as follows:
■
§ 21.120
Special Canada goose permit.
(a) * * * The special Canada goose
permit is a permit issued by us to a State
wildlife agency authorizing certain
resident Canada goose (Branta
canadensis) management and control
activities that are normally prohibited.
* * *
*
*
*
*
*
(e) Information collection
requirements. The Office of
Management and Budget (OMB) has
approved the information collection
requirements of the permit and assigned
OMB Control Number 1018–0022.
Federal agencies may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. Direct comments
regarding the burden estimate or any
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Old section
New section
§ 21.41
§ 21.43
§ 21.44
§ 21.46
§ 21.49
§ 21.50
§ 21.51
§ 21.52
§ 21.53
§ 21.54
§ 21.55
§ 21.100
§ 21.150
§ 21.153
§ 21.156
§ 21.159
§ 21.162
§ 21.165
§ 21.168
§ 21.171
§ 21.174
§ 21.177
§ 21.100
[Amended]
43. Amend newly redesignated
§ 21.100 by:
■ a. In paragraph (a), removing ‘‘21.43,
21.44, and 21.46’’ and adding in its
place ‘‘21.150, 21.153, and 21.156’’; and
■ b. In paragraph (c) introductory text,
removing ‘‘Inaddition’’ and adding in its
place ‘‘In addition’’.
■
§ 21.150
[Amended]
44. Amend newly redesignated
§ 21.150 by:
■ a. In paragraph (i), removing the
number ‘‘3–202–21–2143’’ and adding
in its place the number ‘‘3–2436’’; and
■ b. Revising paragraph (k).
The revision reads as follows:
■
§ 21.150 Depredation order for blackbirds,
cowbirds, crows, grackles, and magpies.
*
*
*
*
*
(k) Information collection
requirements. The Office of
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Management and Budget (OMB) has
approved the information collection
requirements associated with this
depredation order and assigned OMB
Control Number 1018–0146. Federal
agencies may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. Direct comments regarding the
burden estimate or any other aspect of
the information collection to the
Service’s Information Collection
Clearance Officer at the address
provided at 50 CFR 2.1(b).
§ 21.153
[Amended]
45. Amend newly redesignated
§ 21.153 by:
■ a. In the introductory text, removing
the word ‘‘Carpodacus’’ and adding in
its place the word ‘‘Haemorhous’’ and
removing the number ‘‘21.41’’ and
adding in its place the number
‘‘21.100’’; and
■ b. In paragraph (e), removing the
number ‘‘3–202–20–2144’’ and adding
in its place the number ‘‘3–2436’’.
■ 46. Amend newly redesignated
§ 21.159 by:
■ a. In paragraph (a), adding the words
‘‘(Branta canadensis)’’ after the words
‘‘management of resident Canada geese’’
and removing the number ‘‘21.3’’ and
adding in its place the number ‘‘21.6’’;
and
■ b. Revising paragraph (f).
The revision reads as follows:
■
§ 21.159 Control order for resident Canada
geese at airports and military airfields.
tkelley on DSK125TN23PROD with RULES1
*
*
*
*
*
(f) Information collection
requirements. The Office of
Management and Budget (OMB) has
approved the information collection
requirements associated with this
control order and assigned OMB Control
Number 1018–0146. Federal agencies
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number. Direct comments regarding the
burden estimate or any other aspect of
the information collection to the
Service’s Information Collection
Clearance Officer at the address
provided at 50 CFR 2.1(b).
■ 47. Amend newly redesignated
§ 21.162 by:
■ a. In paragraph (a), adding the words
‘‘(Branta canadensis)’’ after the words
‘‘management of resident Canada geese’’
and removing the number ‘‘21.3’’ and
adding in its place the number ‘‘21.6’’;
and
■ b. Revising paragraph (f).
The revision reads as follows:
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§ 21.162 Depredation order for resident
Canada geese nests and eggs.
*
*
*
*
*
(f) Information collection
requirements. The Office of
Management and Budget (OMB) has
approved the information collection
requirements associated with this
depredation order and assigned OMB
Control Number 1018–0146. Federal
agencies may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. Direct comments regarding the
burden estimate or any other aspect of
the information collection to the
Service’s Information Collection
Clearance Officer at the address
provided at 50 CFR 2.1(b).
■ 48. Amend newly redesignated
§ 21.165 by:
■ a. In paragraph (a), adding the words
‘‘(Branta canadensis)’’ after the words
‘‘management of resident Canada geese’’
and removing the number ‘‘21.3’’ and
adding in its place the number ‘‘21.6’’;
and
■ b. Revising paragraph (f).
The revision reads as follows:
§ 21.165 Depredation order for resident
Canada geese at agricultural facilities.
*
*
*
*
*
(f) Information collection
requirements. The Office of
Management and Budget (OMB) has
approved the information collection
requirements associated with this
depredation order and assigned OMB
Control Number 1018–0146. Federal
agencies may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. Direct comments regarding the
burden estimate or any other aspect of
the information collection to the
Service’s Information Collection
Clearance Officer at the address
provided at 50 CFR 2.1(b).
■ 49. Amend newly redesignated
§ 21.168 by:
■ a. In paragraph (a), adding the words
‘‘(Branta canadensis)’’ after the words
‘‘management of resident Canada geese’’
and removing the number ‘‘21.3’’ and
adding in its place the number ‘‘21.6’’;
and
■ b. Revising paragraph (g).
The revision reads as follows:
§ 21.168 Public health control order for
resident Canada geese.
*
*
*
*
*
(g) Information collection
requirements. The Office of
Management and Budget (OMB) has
approved the information collection
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requirements associated with this
control order and assigned OMB Control
Number 1018–0146. Federal agencies
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number. Direct comments regarding the
burden estimate or any other aspect of
the information collection to the
Service’s Information Collection
Clearance Officer at the address
provided at 50 CFR 2.1(b).
§ 21.171
[Amended]
50. Amend newly redesignated
§ 21.171, paragraph (c), by:
■ a. In paragraph (c)(2), removing the
words ‘‘Porphyrula martinica’’ and
adding in their place the words
‘‘Porphyrio martinicus’’; and
■ b. In paragraph (c)(4), removing
‘‘https://www.fws.gov/where/’’ and
adding in its place ‘‘https://
www.fws.gov/offices’’.
■ 51. Amend newly redesignated
§ 21.174 by:
■ a. Revising the section heading; and
■ b. In paragraphs (a), (b), (c), and (d)(1),
(2), and (4), removing the word
‘‘muscovy’’ and adding in its place the
word ‘‘Muscovy’’ wherever it appears.
The revision reads as follows:
■
§ 21.174 Control order for Muscovy ducks
in the United States.
*
*
*
*
*
Subpart E—Control of Overabundant
Migratory Bird Populations
§§ 21.60 and 21.61 [Redesignated as
§§ 21.180 and 21.183 and Transferred to
Subpart D]
52. Redesignate §§ 21.60 and 21.61 as
§§ 21.180 and 21.183, respectively, and
transfer the sections from subpart E to
subpart D.
■ 53. Amend newly redesignated
§ 21.180 by:
■ a. In paragraph (b), removing the word
‘‘Chen’’ and adding in its place the word
‘‘Anser’’, and removing ‘‘C. c.
caerulescens’’ and adding in its place
‘‘A. c. caerulescens’’; and
■ b. Revising paragraph (j).
The revision reads as follows:
■
§ 21.180
geese.
Conservation order for light
*
*
*
*
*
(j) Information collection
requirements. The Office of
Management and Budget (OMB) has
approved the information collection
requirements associated with this
conservation order and assigned OMB
Control Number 1018–0146. Federal
agencies may not conduct or sponsor,
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and a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. Direct comments regarding the
burden estimate or any other aspect of
the information collection to the
Service’s Information Collection
Clearance Officer at the address
provided at 50 CFR 2.1(b).
■ 54. Amend newly redesignated
§ 21.183 by:
■ a. In paragraph (a), by adding the
words ‘‘(Branta canadensis)’’
immediately following the words
‘‘control of resident Canada geese’’, and
removing the number ‘‘21.3’’ and adding
in its place the number ‘‘21.6’’; and
■ b. In paragraph (d) introductory text,
in the first sentence, removing ‘‘21.49
through 21.52’’ and adding in their
place ‘‘21.159, 21.162, 21.165, and
21.168’’ and removing the number
‘‘21.61(c)’’ and adding in its place the
words ‘‘paragraph (c) of this section’’;
■ c. In paragraph (f), in the fourth
sentence, removing the number
‘‘21.61(d)’’ and adding in its place the
words ‘‘paragraph (d) of this section’’;
and
■ d. Revising paragraph (i).
The revision reads as follows:
§ 21.183 Population control of resident
Canada geese.
*
*
*
*
*
(i) Information collection
requirements. The Office of
Management and Budget (OMB) has
approved the information collection
requirements associated with this
program and assigned OMB Control
Number 1018–0146. Federal agencies
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number. Direct comments regarding the
burden estimate or any other aspect of
the information collection to the
Service’s Information Collection
Clearance Officer at the address
provided at 50 CFR 2.1(b).
§ 22.2
Purpose of this part.
*
*
*
*
*
■ 60. Amend newly redesignated § 22.4
by:
■ a. Revising the section heading; and
■ b. In paragraph (a)(2), removing the
number ‘‘22.22’’ and adding in its place
the number ‘‘22.60’’.
The revision reads as follows:
§ 22.4
Authority: 16 U.S.C. 668–668d; 703–712;
1531–1544.
§ 22.8
Information collection requirements.
The Office of Management and Budget
(OMB) has approved the information
collection requirements contained in
this part and assigned OMB Control
Number 1018–0167. Federal agencies
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number. Direct comments regarding the
burden estimate or any other aspect of
the information collection to the
Service’s Information Collection
Clearance Officer at the address
provided at 50 CFR 2.1(b).
Subpart B—General Requirements
§ 22.11 [Redesignated as § 22.10 and
Transferred to Subpart A]
62. Redesignate § 22.11 as § 22.10,
transfer it from subpart B to subpart A,
and amend it by:
■ a. Revising the section heading; and
■ b. In the introductory text, removing
the number ‘‘21.2’’ and adding in its
place the number ‘‘21.4’’.
The revision reads as follows:
■
*
57. Revise the heading of subpart A to
read as set forth above.
■
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*
*
*
[Transferred to Subpart A]
63. Amend § 22.12 by:
a. Transferring it from subpart B to
subpart A; and
■ b. Revising the section heading.
The revision reads as follows:
§ 22.12
Subpart A—Introduction and General
Requirements
§§ 22.21, 22.22, 22.23, 22.24, 22.25, 22.26,
22.27, and 22.28 [Redesignated as
§§ 22.50, 22.60, 22.100, 22.70, 22.75, 22.80,
22.85, and 22.90]
66. Redesignate the sections in
subpart C as shown in the following
table:
■
Old section
New section
§ 22.21
§ 22.22
§ 22.23
§ 22.24
§ 22.25
§ 22.26
§ 22.27
§ 22.28
§ 22.50
§ 22.60
§ 22.100
§ 22.70
§ 22.75
§ 22.80
§ 22.85
§ 22.90
Scope of this part.
■
■
56. The authority citation for part 22
continues to read as follows:
65. Revise the heading of subpart C to
read as set forth above.
■
*
*
*
*
■ 61. Revise newly redesignated § 22.8
to read as follows:
§ 22.12
■
Subpart C—Specific Eagle Permit
Provisions
*
*
55. Remove newly vacant subpart E.
PART 22—EAGLE PERMITS
tkelley on DSK125TN23PROD with RULES1
58. Redesignate §§ 22.1, 22.2, 22.3,
and 22.4 as §§ 22.2, 22.4, 22.6, and 22.8,
respectively.
■ 59. Amend newly redesignated § 22.2
by revising the section heading to read
as follows:
■
§ 22.10 Relationship to other permit
requirements.
Subpart E [Removed]
■
§§ 22.1, 22.2, 22.3, and 22.4 [Redesignated
as §§ 22.2, 22.4, 22.6, and 22.8]
*
*
Illegal activities.
*
*
*
Subpart B [Reserved]
■
64. Reserve newly vacant subpart B.
PO 00000
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67. Amend newly redesignated
§ 22.50 by revising the section heading
to read as follows:
■
§ 22.50 Eagle scientific and eagle
exhibition permits.
*
*
*
*
*
68. Amend newly redesignated
§ 22.60 by revising the section heading
to read as follows:
■
§ 22.60
Eagle Indian religious permits.
*
*
*
*
*
■ 69. Amend newly redesignated
§ 22.70 by:
■ a. Revising the section heading;
■ b. In paragraph (a), removing ‘‘21.29
(c)(3)(iv)’’ and adding in its place
‘‘21.82(c)(3)(iv)’’; and
■ c. In paragraph (b), removing the
number ‘‘22.23’’ and adding in its place
the number ‘‘22.100’’ and removing the
words ‘‘Subpart D, Depredation Control
Orders on Golden Eagles’’ and adding in
their place the words ‘‘Subpart D—
Provisions for Depredating Eagles’’.
The revision reads as follows:
§ 22.70
Eagle falconry permits.
*
*
*
*
*
■ 70. Amend newly redesignated
§ 22.75 by revising the introductory text
to read as follows:
§ 22.75
Golden eagle nest take permits.
The Director may, upon receipt of an
application and in accordance with the
issuance criteria of this section, issue a
permit authorizing any person to take
alternate golden eagle nests during a
resource development or recovery
operation if the taking is compatible
with the preservation of golden eagles.
The Office of Management and Budget
(OMB) has approved the information
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collection requirements contained in
this section and assigned OMB Control
Number 1018–0167. Federal agencies
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number. Direct comments regarding the
burden estimate or any other aspect of
the information collection to the
Service’s Information Collection
Clearance Officer at the address
provided at 50 CFR 2.1(b).
*
*
*
*
*
DEPARTMENT OF COMMERCE
§ 22.80
AGENCY:
[Amended]
National Oceanic and Atmospheric
Administration
50 CFR Part 217
RIN 0648–BK69
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to U.S. Navy
Construction at Naval Station Newport
in Newport, Rhode Island
71. Amend newly redesignated
§ 22.80 in paragraph (b) introductory
text by removing the number ‘‘22.3’’ and
adding in its place the number ‘‘22.6’’.
§ 22.85
SUMMARY:
[Amended]
72. Amend newly redesignated
§ 22.85 by:
■ a. In paragraph (b)(8) introductory
text, removing the number
‘‘22.26(c)(1)(iii)’’ and adding in its place
the number ‘‘22.80(c)(1)(iii)’’;
■ b. In paragraph (c)(1), by removing
‘‘(https://www.fws.gov/permits/
mbpermits/addresses.html)’’; and
■ c. In paragraph (e)(6)(iv), removing the
number ‘‘22.25’’ and adding in its place
the number ‘‘22.75’’.
■
§ 22.90
[Amended]
73. Amend newly redesignated
§ 22.90 in paragraphs (a) and (b) by
removing the number ‘‘22.26’’ and
adding in its place the number ‘‘22.80’’.
■
§ 22.100
[Transferred to Subpart D]
74. Amend newly redesignated
§ 22.100 by:
■ a. Transferring it from subpart C to
subpart D; and
■ b. Revising the section heading.
The revision reads as follows:
■
On December 15, 2021,
NOAA published a rule governing the
take of marine mammals incidental to
U.S. Navy (Navy) construction at Naval
Station Newport in Newport, Rhode
Island. The rule contained a systematic
section numbering error in the
regulatory text. This document corrects
the section numbers to the added
subpart.
Effective May 15, 2022 through
May 14, 2027.
FOR FURTHER INFORMATION CONTACT:
Stephanie Egger, 301–427–8401.
SUPPLEMENTARY INFORMATION: This
document contains corrections to the
regulatory text to the final regulations
published on December 15, 2021,
governing the take of marine mammals
incidental to the Navy construction at
Naval Station Newport in Newport,
Rhode Island. This action is necessary
to correct an error in where regulatory
text where the section numbers were
mislabeled in the Federal Register.
DATES:
Correction
In FR Rule Doc. No. 2021–27133,
published December 15, 2021, at 86 FR
71162, the section numbers for added
subpart R are corrected from §§ 217.70
through 217.79 to §§ 217.170 through
217.179. In the following table, on pages
71178 through 71180, remove the
section number indicated in the left
column from wherever it appears in the
regulatory text and add in its place the
section number indicated in the right
column:
■
§ 22.100
*
*
Eagle depredation permits.
*
*
*
Subpart D—Provisions for Depredating
Eagles
75. Revise the heading of subpart D to
read as set forth above.
■
§§ 22.31 and 22.32 [Redesignated as
§§ 22.120 and 22.122]
76. Redesignate §§ 22.31 and 22.32 as
§§ 22.120 and 22.122, respectively.
tkelley on DSK125TN23PROD with RULES1
■
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2021–28086 Filed 1–6–22; 8:45 am]
BILLING CODE 4333–15–P
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Add
217.75
217.76
217.77
217.78
217.79
217.175
217.176
217.177
217.178
217.179
[Docket No. 211208–0254]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
■
Remove
PO 00000
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Add
217.70
217.71
217.72
217.73
217.74
217.170
217.171
217.172
217.173
217.174
Frm 00011
Fmt 4700
Sfmt 4700
Dated: January 4, 2022.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022–00116 Filed 1–6–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 210603–0121; RTID 0648–
XB661]
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Extension of
Emergency Decisions of the Western
and Central Pacific Fisheries
Commission
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary specifications.
AGENCY:
NMFS is extending the
effective date of temporary
specifications that implement three
short-notice decisions of the
Commission on the Conservation and
Management of Highly Migratory Fish
Stocks in the Western and Central
Pacific Ocean (Commission or WCPFC).
NMFS issued temporary specifications
on June 11, 2021, to implement shortnotice WCPFC decisions regarding
purse seine observer coverage, purse
seine transshipments at sea, and
transshipment observer coverage. NMFS
is extending the effective date of those
temporary specifications until April 14,
2022. NMFS is undertaking this action
under the authority of the Western and
Central Pacific Fisheries Convention
Implementation Act (WCPFC
Implementation Act) to satisfy the
obligations of the United States as a
Contracting Party to the Convention on
the Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Convention).
DATES: The temporary specifications are
in effect from January 7, 2022, until
April 14, 2022.
SUMMARY:
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[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Rules and Regulations]
[Pages 876-885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28086]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 12, 13, 17, 19, 20, 21, and 22
[Docket No. FWS-HQ-MB-2021-0025; FF09M22000-223-FXMB12320900000]
RIN 1018-BF59
Migratory Bird Permits; Administrative Updates to 50 CFR Parts 21
and 22
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
renumbering, renaming, and rearranging certain subparts and sections in
our regulations. These changes will provide users a more organized road
map of the Service's migratory bird and eagle permit processes and
improve readability of the regulations. These changes necessitate
updating cross-references to the affected section numbers in other
parts of our regulations. In addition, we are making several
nonsubstantive, editorial revisions to correct misspellings, update
internet addresses, update applicable Office of Management and Budget
(OMB) control numbers, and add or update relevant family and scientific
names. This rule is a purely administrative action; it does not change
the species protected by, the permit requirements of, or any other
requirements of the regulations.
DATES: This rule is effective February 7, 2022.
FOR FURTHER INFORMATION CONTACT: Jennifer Miller, Division of Migratory
Bird Management, U.S. Fish and Wildlife Service, telephone: 540-681-
0439, email: [email protected]. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal Relay
Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Fish and Wildlife Service is the Federal agency delegated
with the primary responsibility for managing migratory birds. Our
authority derives from the Migratory Bird Treaty Act of 1918, as
amended, 16 U.S.C. 703 et seq. (MBTA), which implements conventions
with Great Britain (for Canada), Mexico, Japan, and the Russia
Federation. The MBTA protects certain migratory birds from take, except
as permitted under the MBTA. 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 set forth at 50 CFR part 21.
In addition, the Bald and Golden Eagle Protection Act, 16 U.S.C.
668 et seq. (Eagle Act), prohibits take of bald eagles and golden
eagles except pursuant to Federal regulations. The Eagle Act authorizes
the Secretary of the Interior to issue regulations to permit the
``taking'' of eagles for various purposes, including the protection of
``other interests in any particular locality'' (16 U.S.C. 668a),
provided the taking is compatible with the preservation of eagles.
Regulations pertaining to eagle permits are set forth at 50 CFR part
22.
The regulations at 50 CFR parts 21 and 22 were established in 1974.
Since 1974, we have published many rules to add, revise, or remove
portions of these regulations. We have not, however, published a
reorganization rule to address the need for better organization and
enhanced readability of these regulations until this time.
This Rule
Renaming and Renumbering of Sections of the Regulations
We are renumbering most of the sections, and renaming and
rearranging certain sections, in 50 CFR parts 21 and 22. Below, we
provide a redesignation table to help the public readily identify the
new numbers, names, and locations of applicable regulations (see tables
1 and 2, below). Only those subparts or sections that are redesignated,
renamed, and/or rearranged are reflected in the tables below; the
revised table of contents following each table shows every subpart and
section heading in each part. These actions are administrative in
nature; we are not changing the species protected by, the permit
requirements of, or any other requirements of the regulations.
We are making these changes for a variety of reasons. First, some
subpart headings in 50 CFR parts 21 and 22 lack specificity. Second,
some sections of 50 CFR parts 21 and 22 contain many and varied
requirements that will be easier to locate when placed in their own
sections with more descriptive section headers. Third, several sections
will be easier to find when placed under a different subpart. Last, the
current sequential numbering of sections, without adequate intervening
open section numbers, requires new regulations to be placed as space
allows. These changes will allow for clear and understandable future
additions to the regulations.
All of the changes to the regulations described in this rule are
intended to improve the clarity and readability of the regulations at
50 CFR parts 21 and 22. They are administrative in nature and do not
change the substance of the regulations. These changes should help
readers more easily locate applicable regulations and help the Service
provide a clearer and more organized presentation of the permit
regulations for migratory birds and eagles now and in the future.
Table 1--Redesignations for 50 CFR Part 21
------------------------------------------------------------------------
Old subpart or section New subpart or section
------------------------------------------------------------------------
Subpart A--Introduction................ Subpart A--Introduction and
General Requirements.
Sec. 21.1 Purpose of regulations..... Sec. 21.2 Purpose of this
part.
Sec. 21.2 Scope of regulations....... Sec. 21.4 Scope of this part.
Sec. 21.3 Definitions................ Sec. 21.6 Definitions.
Sec. 21.4 Information collection Sec. 21.8 Information
requirements. collection requirements.
Subpart B--General Requirements and Subpart B--Exceptions to Permit
Exceptions. Requirements.
Sec. 21.11 General permit Sec. 21.10 General permit
requirements. requirements. (moved to
Subpart A)
Sec. 21.13 Permit exceptions for Sec. 21.45 Permit exceptions
captive-reared mallard ducks. for captive-reared mallard
ducks.
[[Page 877]]
Sec. 21.14 Permit exceptions for Sec. 21.48 Permit exceptions
captive-bred migratory waterfowl other for captive-bred migratory
than mallard ducks. waterfowl other than mallard
ducks.
Sec. 21.15 Authorization of take Sec. 21.42 Authorization of
incidental to military readiness take incidental to military
activities. readiness activities.
Sec. 21.21 Import and export permits. Sec. 21.67 Import and export
permits.
Sec. 21.22 Banding or marking permits Sec. 21.70 Banding or marking
permits.
Sec. 21.23 Scientific collecting Sec. 21.73 Scientific
permits. collecting permits.
Sec. 21.24 Taxidermist permits....... Sec. 21.63 Taxidermist
permits.
Sec. 21.25 Waterfowl sale and Sec. 21.88 Waterfowl sale and
disposal permits. disposal permits.
Sec. 21.26 Special Canada goose Sec. 21.120 Special Canada
permit. goose permit. (moved to
Subpart D)
Sec. 21.27 Special purpose permits... Sec. 21.95 Special purpose
permits.
Sec. 21.28 Special double-crested Sec. 21.123 Special double-
cormorant permit. crested cormorant permit.
(moved to Subpart D)
Sec. 21.29 Falconry standards and Sec. 21.82 Falconry standards
falconry permitting. and falconry permitting.
Sec. 21.30 Raptor propagation permits Sec. 21.85 Raptor propagation
permits.
Sec. 21.31 Rehabilitation permits.... Sec. 21.76 Rehabilitation
permits.
Subpart D--Control of Depredating and Subpart D--Provisions for
Otherwise Injurious Birds. Depredating, Overabundant, or
Otherwise Injurious Birds.
Sec. 21.41 Depredation permits....... Sec. 21.100 Depredation
permits.
Sec. 21.43 Depredation order for Sec. 21.150 Depredation order
blackbirds, cowbirds, crows, grackles, for blackbirds, cowbirds,
and magpies. crows, grackles, and magpies.
Sec. 21.44 Depredation order for Sec. 21.153 Depredation order
horned larks, house finches, and white- for horned larks, house
crowned sparrows in California. finches, and white-crowned
sparrows in California.
Sec. 21.46 Depredation order for Sec. 21.156 Depredation order
depredating California scrub jays and for depredating California
Steller's jays in Washington and scrub jays and Steller's jays
Oregon. in Washington and Oregon.
Sec. 21.49 Control order for resident Sec. 21.159 Control order for
Canada geese at airports and military resident Canada geese at
airfields. airports and military
airfields.
Sec. 21.50 Depredation order for Sec. 21.162 Depredation order
resident Canada geese nests and eggs. for resident Canada geese
nests and eggs.
Sec. 21.51 Depredation order for Sec. 21.165 Depredation order
resident Canada geese at agricultural for resident Canada geese at
facilities. agricultural facilities.
Sec. 21.52 Public health control Sec. 21.168 Public health
order for resident Canada geese. control order for resident
Canada geese.
Sec. 21.53 Control order for purple Sec. 21.171 Control order for
swamphens. purple swamphens.
Sec. 21.54 Control order for muscovy Sec. 21.174 Control order for
ducks in the United States. Muscovy ducks in the United
States.
Sec. 21.55 Control order for invasive Sec. 21.177 Control order for
migratory birds in Hawaii. invasive migratory birds in
Hawaii.
Subpart E--Control of Overabundant [Subpart E heading is removed].
Migratory Bird Populations.
Sec. 21.60 Conservation order for Sec. 21.180 Conservation
light geese. order for light geese. (moved
to Subpart D)
Sec. 21.61 Population control of Sec. 21.183 Population
resident Canada geese. control of resident Canada
geese. (moved to Subpart D)
------------------------------------------------------------------------
Table 2--Redesignations for 50 CFR Part 22
------------------------------------------------------------------------
Old subpart or section New subpart or section
------------------------------------------------------------------------
Subpart A--Introduction................ Subpart A--Introduction and
General Requirements.
Sec. 22.1 What is the purpose of this Sec. 22.2 Purpose of this
part?. part.
Sec. 22.2 What activities does this Sec. 22.4 Scope of this part.
part apply to?.
Sec. 22.3 Definitions................ Sec. 22.6 Definitions.
Sec. 22.4 Information collection Sec. 22.8 Information
requirements. collection requirements.
Subpart B--General Requirements........ [Subpart B--Reserved].
Sec. 22.11 What is the relationship Sec. 22.10 Relationship to
to other permit requirements?. other permit requirements.
(moved to Subpart A)
Sec. 22.12 What activities are Sec. 22.12 Illegal
illegal?. activities. (Moved to Subpart
A)
Subpart C--Eagle Permits............... Subpart C--Specific Eagle
Permit Provisions.
Sec. 22.21 What are the requirements Sec. 22.50 Eagle scientific
concerning scientific and exhibition and eagle exhibition permits.
purpose permits?
Sec. 22.22 What are the requirements Sec. 22.60 Eagle Indian
concerning permits for Indian religious permits.
religious purposes?
Sec. 22.23 What are the requirements Sec. 22.100 Eagle depredation
for permits to take depredating eagles permits. (moved to Subpart D)
and eagles that pose a risk to human
or eagle health and safety?
Sec. 22.24 Permits for falconry Sec. 22.70 Eagle falconry
purposes. permits.
Sec. 22.25 What are the requirements Sec. 22.75 Golden eagle nest
concerning permits to take golden take permits.
eagle nests?
Sec. 22.26 Permits for eagle take Sec. 22.80 Permits for eagle
that is associated with, but not the take that is associated with,
purpose of, an activity. but not the purpose of, an
activity.
Sec. 22.27 Removal of eagle nests.... Sec. 22.85 Removal of eagle
nests.
Sec. 22.28 Permits for bald eagle Sec. 22.90 Permits for bald
take exempted under the Endangered eagle take exempted under the
Species Act. Endangered Species Act.
Subpart D--Depredation Control Orders Subpart D--Provisions for
on Golden Eagles. Depredating Eagles.
Sec. 22.31 Golden eagle depredations Sec. 22.120 Golden eagle
control order on request of Governor depredations control order on
of a State. request of Governor of a
State.
[[Page 878]]
Sec. 22.32 Conditions and limitations Sec. 22.122 Conditions and
on taking under depredation control limitations on taking under
order. depredation control order.
------------------------------------------------------------------------
Editorial Corrections
Cross-References in Other Parts of Our Regulations
Because we are renumbering all sections, and renaming and
rearranging certain sections, in 50 CFR parts 21 and 22, we need to
correct outdated cross-references to these sections in other parts of
our regulations. These updates are administrative in nature; they do
not change the species protected by, the permit requirements of, or any
other requirements of the regulations.
Other Corrections
In this rule, we are making several nonsubstantive, editorial
revisions to correct misspellings, update internet addresses, update
applicable OMB control numbers and information collection statements,
and add or update relevant family and scientific names in certain
sections of 50 CFR parts 21 and 22.
Our updates to applicable OMB control numbers provide the currently
approved OMB control numbers for the information collection
requirements in 50 CFR parts 21 and 22. Our updates to information
collection statements in certain sections of 50 CFR parts 21 and 22
provide a consistent approach to the presentation of this information
in our regulations and, for those affected sections, streamline the
information in our regulations to codify only the information needed to
notify the public that the information collection requirements are
approved by OMB. In those sections, we are removing burden estimates
from the regulations because it is our current practice not to include
these estimates, as they do change on occasion and any changes would
require us to publish a rulemaking document to update the regulations.
All current and past burden estimates for OMB control numbers are
available online at https://www.reginfo.gov under the ``Information
Collection Review'' tab.
Our additions or updates to relevant family and scientific names
include, but are not limited to, specifying ``(family Anatidae)'' where
we refer to migratory waterfowl and adding scientific names, such as
``(Anas platyrhynchos)'' where we refer to mallard duck and ``(Branta
canadensis)'' where we refer to Canada goose, where they are lacking in
certain sections of part 21. In addition, in certain sections of part
21, we are amending certain common names and/or scientific names of
species to match those amendments adopted in the latest revision of the
List of Migratory Birds at 50 CFR 10.13 (see 85 FR 21282; April 16,
2020); these changes include, but are not limited to, replacing the
common name ``American swallow-tailed kite'' with ``swallow-tailed
kite'' and replacing the scientific name ``Psiloscops flammeolus'' with
``Otus flammeolus'' for the flammulated owl.
All of these editorial revisions are for clarity, accuracy, and
consistency within our regulations. Like the other changes described in
this rule, these revisions are purely administrative; they do not
change the species protected by, the permit requirements of, or any
other requirements of the regulations.
Administrative Procedure Act
This rule is a purely administrative action; it makes no changes
the substance of the regulations in any way. We are renumbering,
renaming, and rearranging certain subparts and sections in parts 21 and
22, and making editorial corrections to those parts, to provide
regulated entities and the general public with clearer and better
organized regulations. This rule is a ``rule of agency organization,
procedure or practice'' under 5 U.S.C. 553(b), and therefore may be
made final without previous notice to the public. This is a final rule.
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. The OIRA
has determined that this rule is not significant.
Executive Order (E.O.) 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. E.O. 13563 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 entities (that
is, small businesses, small organizations, and small government
jurisdictions). However, no regulatory flexibility analysis is required
if the head of an agency certifies the rule will not have a significant
economic 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
will not have a significant economic impact on a substantial number of
small entities.
We have examined this rule's potential effects on small entities as
required by the Regulatory Flexibility Act, and have determined that
this action will not have a significant economic impact on a
substantial number of small entities. This rule reorganizes the
regulations in parts 21 and 22 of title 50 of the Code of Federal
Regulations, and makes nonsubstantive, editorial corrections to those
regulations. We are taking this action to ensure that our regulations
are clearly organized and easily locatable by regulated entities and
the general public. This rule will not result in any costs or benefits
to any entities, large or small. Therefore, we certify that this rule
will not have a significant economic effect on a substantial number of
small entities. As such, a regulatory flexibility analysis is not
required.
This rule is not a major rule under the SBREFA (5 U.S.C. 804(2)).
It will not
[[Page 879]]
have a significant economic impact on a substantial number of small
entities.
a. This rule will not have an annual effect on the economy of $100
million or more. There are no costs to any entities resulting from
these revisions to the regulations.
b. This rule will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. The administrative updates in this
rule do not affect costs or prices in any sector of the economy.
c. This rule will 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 (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act, we have
determined the following:
a. This rule will not ``significantly or uniquely'' affect small
governments in a negative way. A small government agency plan is not
required.
b. This rule will 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 (E.O. 12630)
Under the criteria outlined in E.O. 12630, this final rule does not
have significant takings implications. This rule is an administrative
action to reorganize our regulations at 50 CFR parts 21 and 22; it does
not contain a provision for taking of private property. A takings
implication assessment is not required.
Federalism (E.O. 13132)
This rule does not have sufficient Federalism effects to warrant
preparation of a federalism summary impact statement under E.O. 13132.
Civil Justice Reform (E.O. 12988)
In accordance with E.O. 12988, the Office of the Solicitor has
determined that the rule does not unduly burden the judicial system and
meets the requirements of sections 3(a) and 3(b)(2) of the Order.
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
This rule does not contain any information collection that would
require OMB approval under the Paperwork Reduction Act of 1995. A
Federal agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We evaluated the environmental impacts of the changes to the
regulations, and determined that this rule does not have any
environmental impacts.
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 the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
Tribes in developing programs for healthy ecosystems, to acknowledge
that Tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to Tribes. We have determined that no Tribes or
Tribal lands, sacred sites, or resources will be affected by the
administrative changes in this rule.
Energy Supply, Distribution, or Use (E.O. 13211)
E.O. 13211 requires agencies to prepare Statements of Energy
Effects when undertaking certain actions. Because this rule is
administrative, it is not a significant regulatory action under E.O.
12866, and it will not significantly affect energy supplies,
distribution, or use. Therefore, this action is not a significant
energy action and no Statement of Energy Effects is required.
List of Subjects
50 CFR Part 12
Administrative practice and procedure, Exports, Fish, Imports,
Plants, Seizures and forfeitures, Surety bonds, Transportation,
Wildlife.
50 CFR Part 13
Administrative practice and procedure, Exports, Fish, Imports,
Plants, Reporting and recordkeeping requirements, Transportation,
Wildlife.
50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
50 CFR Part 19
Aircraft, Fish, Hunting, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
50 CFR Part 21
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
50 CFR Part 22
Exports, Imports, Reporting and recordkeeping requirements,
Transportation, Wildlife.
Regulation Promulgation
Accordingly, we amend parts 12, 13, 17, 19, 21, and 22 of
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
PART 12--SEIZURE AND FORFEITURE PROCEDURES
0
1. The authority citation for part 12 continues to read as follows:
Authority: Act of September 6, 1966, 5 U.S.C. 301; Bald and
Golden Eagles Protection Act, 16, U.S.C. 668-668b; National Wildlife
Refuge System Administration Act, 16 U.S.C. 668dd(e)-(f); Migratory
Bird Treaty Act, 16 U.S.C. 704, 706-707, 712; Migratory Bird Hunting
and Conservation Stamp Act, 16 U.S.C. 718f-718g; Fish and Wildlife
Act of 1956 [Airborne Hunting Amendments], 16 U.S.C. 742j-l(d)-(f);
Black Bass Act, 16 U.S.C. 852d-853; Marine Mammal Protection Act of
1972, 16 U.S.C. 1375-1377, 1382; Endangered Species Act of 1973, 16
U.S.C. 1540; Lacey Act, 18 U.S.C. 43, 44; Lacey Act Amendments of
1981, 95 Stat. 1073-1080, 16 U.S.C. 3371 et seq.; Tariff Act of
1930, 19 U.S.C. 1602-1624; Fish and Wildlife Improvement Act of
1978, 16 U.S.C. 742l; Exotic Organisms, E.O. 11987, 42 FR 26949;
American Indian Religious Freedom Act, 42 U.S.C. 1996.
Sec. 12.36 [Amended]
0
2. Amend Sec. 12.36 in paragraph (c) by removing the number ``22.22''
and adding in its place the number ``22.60''.
PART 13--GENERAL PERMIT PROCEDURES
0
3. 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.
[[Page 880]]
Sec. 13.11 [Amended]
0
4. Amend Sec. 13.11 in paragraph (b)(1) by removing the number
``21.22'' and adding in its place the number ``21.70''.
Sec. 13.12 [Amended]
0
5. Amend Sec. 13.12 in the table in paragraph (b) by adding a heading
to the table and revising the entries for ``Migratory bird permits''
and ``Eagle permits'' to read as follows:
Sec. 13.12 General information requirements on applications for
permits.
* * * * *
(b) * * *
Table 1 to Paragraph (b)
------------------------------------------------------------------------
Type of permit Section
------------------------------------------------------------------------
* * * * *
Migratory bird permits:
Taxidermist............................................ 21.63
Import and export...................................... 21.67
Banding or marking..................................... 21.70
Scientific collecting.................................. 21.73
Rehabilitation......................................... 21.76
Falconry............................................... 21.82
Raptor propagation permit.............................. 21.85
Waterfowl sale and disposal............................ 21.88
Special purpose........................................ 21.95
Depredation............................................ 21.100
Special Canada goose................................... 21.120
Special double-crested cormorant....................... 21.123
Eagle permits:
Scientific or exhibition............................... 22.50
Indian religious use................................... 22.60
Falconry purposes...................................... 22.70
Take of golden eagle nests............................. 22.75
Eagle take--Associated with but not the purpose of an 22.80
activity..............................................
Eagle nest take........................................ 22.85
Eagle take--Exempted under ESA......................... 22.90
Depredation and protection of health and safety........ 22.100
------------------------------------------------------------------------
Sec. 13.24 [Amended]
0
6. Amend Sec. 13.24 in paragraph (c) by removing the number ``22.26''
and adding in its place the number ``22.80''.
Sec. 13.25 [Amended]
0
7. Amend Sec. 13.25 by:
0
a. In paragraph (b) introductory text, removing the number ``22.26''
and adding in its place the number ``22.80''; and
0
b. In paragraph (f), removing the number ``22.26'' and adding in its
place the number ``22.80''.
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
8. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245,
unless otherwise noted.
Sec. 17.21 [Amended]
0
9. Amend Sec. 17.21 by:
0
a. In paragraph (c)(6) introductory text, removing the number ``21.31''
and adding in its place the number ``21.76''; and
0
b. In paragraph (d)(3) introductory text, removing the number ``21.31''
and adding in its place the number ``21.76''.
PART 19--AIRBORNE HUNTING
0
10. The authority citation for part 19 continues to read as follows:
Authority: Fish and Wildlife Act of 1956, 85 Stat. 480, as
amended, 86 Stat. 905 (16 U.S.C. 742a-j-1).
Sec. 19.3 [Amended]
0
11. Amend Sec. 19.3 by removing the number ``21.41'' and adding in its
place the number ``21.100''.
Sec. 19.21 [Amended]
0
12. Amend Sec. 19.21 by removing the number ``21.41'' and adding in
its place the number ``21.100''.
PART 20--MIGRATORY BIRD HUNTING
0
13. 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.
Sec. 20.23 [Amended]
0
14. Amend Sec. 20.23 by removing the words ``subpart E of part 21''
and adding in their place the words ``50 CFR 21.180 and 21.183''.
Sec. 20.65 [Amended]
0
15. Amend Sec. 20.65 by removing the number ``21.24'' and adding in
its place the number ``21.63''.
PART 21--MIGRATORY BIRD PERMITS
0
16. The authority citation for part 21 continues to read as follows:
Authority: 16 U.S.C. 703-712.
Subpart A--Introduction and General Requirements
0
17. Revise the heading of subpart A to read as set forth above.
Sec. Sec. 21.1, 21.2, 21.3, and 21.4 [Redesignated as Sec. Sec.
21.2, 21.4, 21.6, and 21.8]
0
18. Redesignate Sec. Sec. 21.1, 21.2, 21.3, and 21.4 as Sec. Sec.
21.2, 21.4, 21.6, and 21.8, respectively.
0
19. Amend newly redesignated Sec. 21.2 by:
0
a. Revising the section heading; and
0
b. In the first sentence, removing the word ``transporation'' and
adding in its place the word ``transportation''.
The revision reads as follows.
Sec. 21.2 Purpose of this part.
* * * * *
0
20. In newly redesignated Sec. 21.4, revise the section heading and
paragraph (b) to read as follows:
Sec. 21.4 Scope of this part.
* * * * *
(b) This part, except for Sec. 21.12(a), (c), and (d) (general
permit exceptions); Sec. 21.70 (banding or marking); Sec. 21.76
(rehabilitation); and Sec. 21.82 (falconry), does not apply to the
bald eagle (Haliaeetus leucocephalus) or the golden eagle (Aquila
chrysaetos), for which regulations are provided in part 22 of this
subchapter.
* * * * *
Sec. 21.6 [Amended]
0
21. In the newly redesignated Sec. 21.6, amend the definitions of
``Conservation measures'', ``Population'', and ``Significant adverse
effect on a population'' by removing the number ``21.15'' and adding in
its place the number ``21.42''.
0
22. Revise newly redesignated Sec. 21.8 to read as follows:
Sec. 21.8 Information collection requirements.
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this part and assigned
OMB Control Number 1018-0022. Federal agencies may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
Direct comments regarding the burden estimate or any other aspect of
the information collection to the Service's Information Collection
Clearance Officer at the address provided at 50 CFR 2.1(b).
Subpart B--Exceptions to Permit Requirements
0
23. Revise the heading of subpart B to read as set forth above.
[[Page 881]]
Sec. 21.11 [Redesignated as Sec. 21.10 and Transferred to Subpart A]
0
24. Redesignate Sec. 21.11 as Sec. 21.10 and transfer the section
from subpart B to subpart A.
0
25. Amend Sec. 21.12 by revising paragraph (c)(2) to read as follows:
Sec. 21.12 General exceptions to permit requirements.
* * * * *
(c) * * *
(2) Euthanize migratory birds as required by Sec. 21.76(e)(4)(iii)
and Sec. 21.76(e)(4)(iv), and dispose of dead migratory birds in
accordance with Sec. 21.76(e)(4)(vi); and
* * * * *
Sec. Sec. 21.13, 21.14, and 21.15 [Redesignated as Sec. Sec. 21.45,
21.48, and 21.42]
0
26. Redesignate Sec. Sec. 21.13, 21.14, and 21.15 as Sec. Sec. 21.45,
21.48, and 21.42, respectively.
0
27. Amend newly redesignated Sec. 21.45 by revising the introductory
text to read as follows:
Sec. 21.45 Permit exceptions for captive-reared mallard ducks.
Captive-reared and properly marked mallard ducks (Anas
platyrhynchos), alive or dead, or their eggs may be acquired,
possessed, sold, traded, donated, transported, and disposed of by any
person without a permit, subject to the following conditions,
restrictions, and requirements:
* * * * *
0
28. Amend newly redesignated Sec. 21.48 by:
0
a. Revising the first sentence of the introductory text;
0
b. In paragraph (a), removing the number ``21.21'' and adding in its
place the number ``21.67'';
0
c. In paragraph (b), removing the number ``21.13(b)'' and adding in its
place the number ``21.45(b)'';
0
d. In paragraph (c), removing the number ``21.25'' and adding in its
place the number ``21.88'';
0
e. In paragraph (e), removing the number ``21.25(b)(6)'' and adding in
its place the number ``21.88(b)(6)''; and
0
f. In paragraph (f), removing the words ``Notice of Waterfowl Sale or
Transfer'' and adding in their place the words ``Notice of Transfer or
Sale of Migratory Waterfowl''.
The revision reads as follows:
Sec. 21.48 Permit exceptions for captive-bred migratory waterfowl
other than mallard ducks.
You may acquire captive-bred and properly marked migratory
waterfowl (family Anatidae) of all species other than mallard ducks
(Anas platyrhynchos), alive or dead, or their eggs, and possess and
transport such birds or eggs and any progeny or eggs for your use
without a permit, subject to the following conditions and restrictions.
* * *
* * * * *
Subpart C--Specific Permit Provisions
Sec. Sec. 21.21, 21.22, 21.23, 21.24, 21.25, 21.26, 21.27, 21.28,
21.29, 21.30, and 21.31 [Redesignated as Sec. Sec. 21.67, 21.70,
21.73, 21.63, 21.88, 21.120, 21.95, 21.123, 21.82, 21.85, and 21.76]
0
29. Redesignate the sections in subpart C as shown in the following
table:
------------------------------------------------------------------------
Old section New section
------------------------------------------------------------------------
Sec. 21.21 Sec. 21.67
Sec. 21.22 Sec. 21.70
Sec. 21.23 Sec. 21.73
Sec. 21.24 Sec. 21.63
Sec. 21.25 Sec. 21.88
Sec. 21.26 Sec. 21.120
Sec. 21.27 Sec. 21.95
Sec. 21.28 Sec. 21.123
Sec. 21.29 Sec. 21.82
Sec. 21.30 Sec. 21.85
Sec. 21.31 Sec. 21.76
------------------------------------------------------------------------
0
30. Amend newly redesignated Sec. 21.63 by:
0
a. Revising the first sentence of paragraph (c)(2); and
0
b. In paragraph (d)(1), removing the words ``Notice of Waterfowl Sale
or Transfer'' and adding in their place the words ``Notice of Transfer
or Sale of Migratory Waterfowl''.
The revision reads as follows:
Sec. 21.63 Taxidermist permits.
* * * * *
(c) * * *
(2) Sell properly marked, captive-reared migratory waterfowl
(family Anatidae) which they have lawfully acquired and mounted. * * *
* * * * *
Sec. 21.67 [Amended]
0
31. Amend newly redesignated Sec. 21.67 by:
0
a. In paragraph (c)(1) introductory text, removing the words ``of this
subpart'' and adding in their place the words ``of this part''; and
0
b. In paragraph (c)(2), by removing the number ``21.30'' and adding in
its place the number ``21.85''.
Sec. 21.70 [Amended]
0
32. Amend newly redesignated Sec. 21.70 in paragraph (c)(2) by
removing the words ``(Form 3-1155, available upon request from the Bird
Banding Laboratory, Office of Migratory Bird Management, U.S. Fish and
Wildlife Service, Laurel, Md. 20708)'' and adding in their place the
words, ``(Forms available upon request from the Bird Banding
Laboratory, U.S. Geological Survey, Laurel, MD 20708)''.
Sec. 21.73 [Amended]
0
33. Amend newly redesignated Sec. 21.73 in paragraph (c)(1) by
removing the number ``21.27'' and adding in its place the number
``21.95''.
0
34. Amend newly redesignated Sec. 21.76 by:
0
a. Revising footnote 1 in paragraph (e)(1) introductory text; and
0
b. In paragraph (e)(8), removing the word ``Service'' and adding in its
place the word ``FWS''.
The revision reads as follows:
Sec. 21.76 Rehabilitation permits.
* * * * *
(e) * * *
(1) * * *
\1\ Copies may be obtained by contacting either the National
Wildlife Rehabilitators Association, https://nwrawildlife.org/; or the
International Wildlife Rehabilitation Council, https://theiwrc.org.
* * * * *
0
35. Amend newly redesignated Sec. 21.82 by:
0
a. In paragraph (a)(1)(ii), the first sentence, adding the words
``(Aquila chrysaetos)'' after the words ``taking of golden eagles'';
0
b. In paragraphs (b)(2)(i) and (ii), removing the ``https://
permits.fws.gov/186A'' and adding in its place ``https://epermits.fws.gov/falcp/'';
0
c. In paragraph (c)(2)(i)(E), in the second sentence:
0
i. Removing the word ``American''; and
0
ii. Removing the word ``Otus'' and adding in its place the word
``Psiloscops'';
0
d. In paragraph (c)(6)(ii), removing the number ``21.30'' and adding in
its place the number ``21.85'';
0
e. In paragraph (e)(1)(v), removing the number ``22.23'' and adding in
its place the number ``22.100'' and removing ``22.31 and 22.32'' and
adding in their place ``22.120 and 22.122'';
0
f. In paragraph (e)(3)(ii)(B), removing ``wildlif'' and adding in its
place ``wildlife.'';
0
g. In paragraph (e)(3)(v) introductory text, removing ``bandexcept''
and adding in its place ``band, except'';
0
h. In paragraph (e)(3)(viii), removing the number ``22.24'' and adding
in its place the number ``22.70'';
0
i. In paragraph (f)(7), removing the number ``21.30'' in both places it
[[Page 882]]
appears and adding in their place the number ``21.85'';
0
j. In paragraph (f)(10)(ii), removing the number ``21.31'' and adding
in its place the number ``21.76'';
0
k. In paragraph (f)(15) introductory text, removing the number
``21.21'' and adding in its place the number ``21.67'';
0
l. In paragraph (f)(20), by removing ``parts 21.43, 44, 45, or 46'' and
adding in its place ``Sec. 21.150, Sec. 21.153, or Sec. 21.156'';
and
0
m. Revising paragraph (j).
The revision reads as follows:
Sec. 21.82 Falconry standards and falconry permitting.
* * * * *
(j) Information collection requirements. The Office of Management
and Budget (OMB) has approved the information collection requirements
contained in this section and assigned OMB Control Number 1018-0022.
Federal agencies may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. Direct comments regarding the
burden estimate or any other aspect of the information collection to
the Service's Information Collection Clearance Officer at the address
provided at 50 CFR 2.1(b).
* * * * *
Sec. 21.85 [Amended]
0
36. Amend newly redesignated Sec. 21.85 by:
0
a. In paragraph (c)(1), removing the number ``21.29'' and adding in its
place the number ``21.82'';
0
b. In paragraph (e)(1)(iii), removing ``https://permits.fws.gov/186A''
and adding in its place ``https://epermits.fws.gov/falcp/''; and
0
c. In paragraph (f)(4), removing the number ``21.29'' and adding in its
place the number ``21.82''.
0
37. Amend newly redesignated Sec. 21.88 by:
0
a. Revising the first sentence of paragraph (a);
0
b. In paragraphs (b)(3) and (4), removing the number ``21.13(b)'' and
adding in its place the number ``21.45(b)''; and
0
c. In paragraph (b)(9) introductory text, removing the words ``Notice
of Waterfowl Sale or Transfer'' and adding in their place the words
``Notice of Transfer or Sale of Migratory Waterfowl'', and removing the
number ``21.13(b)'' and adding in its place the number ``21.45(b)''.
The revision reads as follows:
Sec. 21.88 Waterfowl sale and disposal permits.
(a) * * * You must have a waterfowl sale and disposal permit before
you may lawfully sell, trade, donate, or otherwise dispose of most
species of captive-reared and properly marked migratory waterfowl
(family Anatidae) or their eggs. * * *
* * * * *
0
38. Amend newly redesignated Sec. 21.95 by:
0
a. Revising the second sentence of paragraph (a);
0
b. In the first sentence of paragraph (c) introductory text, removing
``Inaddition'' and adding in its place ``In addition''; and
0
c. In paragraphs (c)(3) and (4), removing the number ``21.13(b)'' and
adding in its place the number ``21.45(b)''.
The revision reads as follows:
Sec. 21.95 Special purpose permits.
* * * * *
(a) * * * In addition, a special purpose permit is required before
any person may sell, purchase, or barter captive-bred, migratory game
birds (see 50 CFR 20.11(a)), other than waterfowl, that are marked in
compliance with Sec. 21.45(b) of this part. * * * * *
Sec. 21.120 [Transferred to Subpart D]
0
39. Amend newly redesignated Sec. 21.120 by:
0
a. Transferring the section from subpart C to subpart D;
0
b. Revising the second sentence of paragraph (a),
0
c. In paragraph (c) introductory text, adding the words ``(Form 3-200-
6)'' after the word ``application''; and
0
d. Revising paragraph (e).
The revisions read as follows:
Sec. 21.120 Special Canada goose permit.
(a) * * * The special Canada goose permit is a permit issued by us
to a State wildlife agency authorizing certain resident Canada goose
(Branta canadensis) management and control activities that are normally
prohibited. * * *
* * * * *
(e) Information collection requirements. The Office of Management
and Budget (OMB) has approved the information collection requirements
of the permit and assigned OMB Control Number 1018-0022. Federal
agencies may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. Direct comments regarding the burden estimate
or any other aspect of the information collection to the Service's
Information Collection Clearance Officer at the address provided at 50
CFR 2.1(b).
Sec. 21.123 [Transferred to Subpart D and Amended]
0
40. Amend newly redesignated Sec. 21.123 by:
0
a. Transferring the section from subpart C to subpart D; and
0
b. In paragraph (a) introductory text, in the second sentence, adding
the words ``(Phalacrocorax auritus)'' after the words ``special double-
crested cormorant''.
Subpart D--Provisions for Depredating, Overabundant, or Otherwise
Injurious Birds
0
41. Revise the heading of subpart D to read as set forth above.
Sec. Sec. 21.41, 21.43, 21.44, 21.46, 21.49, 21.50, 21.51, 21.52,
21.53, 21.54, and 21.55 [Redesignated as Sec. Sec. 21.100, 21.150,
21.153, 21.156, 21.159, 21.162, 21.165, 21.168, 21.171, 21.174, and
21.177]
0
42. Redesignate the sections in subpart D as shown in the following
table:
------------------------------------------------------------------------
Old section New section
------------------------------------------------------------------------
Sec. 21.41 Sec. 21.100
Sec. 21.43 Sec. 21.150
Sec. 21.44 Sec. 21.153
Sec. 21.46 Sec. 21.156
Sec. 21.49 Sec. 21.159
Sec. 21.50 Sec. 21.162
Sec. 21.51 Sec. 21.165
Sec. 21.52 Sec. 21.168
Sec. 21.53 Sec. 21.171
Sec. 21.54 Sec. 21.174
Sec. 21.55 Sec. 21.177
------------------------------------------------------------------------
Sec. 21.100 [Amended]
0
43. Amend newly redesignated Sec. 21.100 by:
0
a. In paragraph (a), removing ``21.43, 21.44, and 21.46'' and adding in
its place ``21.150, 21.153, and 21.156''; and
0
b. In paragraph (c) introductory text, removing ``Inaddition'' and
adding in its place ``In addition''.
Sec. 21.150 [Amended]
0
44. Amend newly redesignated Sec. 21.150 by:
0
a. In paragraph (i), removing the number ``3-202-21-2143'' and adding
in its place the number ``3-2436''; and
0
b. Revising paragraph (k).
The revision reads as follows:
Sec. 21.150 Depredation order for blackbirds, cowbirds, crows,
grackles, and magpies.
* * * * *
(k) Information collection requirements. The Office of
[[Page 883]]
Management and Budget (OMB) has approved the information collection
requirements associated with this depredation order and assigned OMB
Control Number 1018-0146. Federal agencies may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number. Direct
comments regarding the burden estimate or any other aspect of the
information collection to the Service's Information Collection
Clearance Officer at the address provided at 50 CFR 2.1(b).
Sec. 21.153 [Amended]
0
45. Amend newly redesignated Sec. 21.153 by:
0
a. In the introductory text, removing the word ``Carpodacus'' and
adding in its place the word ``Haemorhous'' and removing the number
``21.41'' and adding in its place the number ``21.100''; and
0
b. In paragraph (e), removing the number ``3-202-20-2144'' and adding
in its place the number ``3-2436''.
0
46. Amend newly redesignated Sec. 21.159 by:
0
a. In paragraph (a), adding the words ``(Branta canadensis)'' after the
words ``management of resident Canada geese'' and removing the number
``21.3'' and adding in its place the number ``21.6''; and
0
b. Revising paragraph (f).
The revision reads as follows:
Sec. 21.159 Control order for resident Canada geese at airports and
military airfields.
* * * * *
(f) Information collection requirements. The Office of Management
and Budget (OMB) has approved the information collection requirements
associated with this control order and assigned OMB Control Number
1018-0146. Federal agencies may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB control number. Direct comments
regarding the burden estimate or any other aspect of the information
collection to the Service's Information Collection Clearance Officer at
the address provided at 50 CFR 2.1(b).
0
47. Amend newly redesignated Sec. 21.162 by:
0
a. In paragraph (a), adding the words ``(Branta canadensis)'' after the
words ``management of resident Canada geese'' and removing the number
``21.3'' and adding in its place the number ``21.6''; and
0
b. Revising paragraph (f).
The revision reads as follows:
Sec. 21.162 Depredation order for resident Canada geese nests and
eggs.
* * * * *
(f) Information collection requirements. The Office of Management
and Budget (OMB) has approved the information collection requirements
associated with this depredation order and assigned OMB Control Number
1018-0146. Federal agencies may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB control number. Direct comments
regarding the burden estimate or any other aspect of the information
collection to the Service's Information Collection Clearance Officer at
the address provided at 50 CFR 2.1(b).
0
48. Amend newly redesignated Sec. 21.165 by:
0
a. In paragraph (a), adding the words ``(Branta canadensis)'' after the
words ``management of resident Canada geese'' and removing the number
``21.3'' and adding in its place the number ``21.6''; and
0
b. Revising paragraph (f).
The revision reads as follows:
Sec. 21.165 Depredation order for resident Canada geese at
agricultural facilities.
* * * * *
(f) Information collection requirements. The Office of Management
and Budget (OMB) has approved the information collection requirements
associated with this depredation order and assigned OMB Control Number
1018-0146. Federal agencies may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB control number. Direct comments
regarding the burden estimate or any other aspect of the information
collection to the Service's Information Collection Clearance Officer at
the address provided at 50 CFR 2.1(b).
0
49. Amend newly redesignated Sec. 21.168 by:
0
a. In paragraph (a), adding the words ``(Branta canadensis)'' after the
words ``management of resident Canada geese'' and removing the number
``21.3'' and adding in its place the number ``21.6''; and
0
b. Revising paragraph (g).
The revision reads as follows:
Sec. 21.168 Public health control order for resident Canada geese.
* * * * *
(g) Information collection requirements. The Office of Management
and Budget (OMB) has approved the information collection requirements
associated with this control order and assigned OMB Control Number
1018-0146. Federal agencies may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB control number. Direct comments
regarding the burden estimate or any other aspect of the information
collection to the Service's Information Collection Clearance Officer at
the address provided at 50 CFR 2.1(b).
Sec. 21.171 [Amended]
0
50. Amend newly redesignated Sec. 21.171, paragraph (c), by:
0
a. In paragraph (c)(2), removing the words ``Porphyrula martinica'' and
adding in their place the words ``Porphyrio martinicus''; and
0
b. In paragraph (c)(4), removing ``https://www.fws.gov/where/'' and
adding in its place ``https://www.fws.gov/offices''.
0
51. Amend newly redesignated Sec. 21.174 by:
0
a. Revising the section heading; and
0
b. In paragraphs (a), (b), (c), and (d)(1), (2), and (4), removing the
word ``muscovy'' and adding in its place the word ``Muscovy'' wherever
it appears.
The revision reads as follows:
Sec. 21.174 Control order for Muscovy ducks in the United States.
* * * * *
Subpart E--Control of Overabundant Migratory Bird Populations
Sec. Sec. 21.60 and 21.61 [Redesignated as Sec. Sec. 21.180 and
21.183 and Transferred to Subpart D]
0
52. Redesignate Sec. Sec. 21.60 and 21.61 as Sec. Sec. 21.180 and
21.183, respectively, and transfer the sections from subpart E to
subpart D.
0
53. Amend newly redesignated Sec. 21.180 by:
0
a. In paragraph (b), removing the word ``Chen'' and adding in its place
the word ``Anser'', and removing ``C. c. caerulescens'' and adding in
its place ``A. c. caerulescens''; and
0
b. Revising paragraph (j).
The revision reads as follows:
Sec. 21.180 Conservation order for light geese.
* * * * *
(j) Information collection requirements. The Office of Management
and Budget (OMB) has approved the information collection requirements
associated with this conservation order and assigned OMB Control Number
1018-0146. Federal agencies may not conduct or sponsor,
[[Page 884]]
and a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number. Direct
comments regarding the burden estimate or any other aspect of the
information collection to the Service's Information Collection
Clearance Officer at the address provided at 50 CFR 2.1(b).
0
54. Amend newly redesignated Sec. 21.183 by:
0
a. In paragraph (a), by adding the words ``(Branta canadensis)''
immediately following the words ``control of resident Canada geese'',
and removing the number ``21.3'' and adding in its place the number
``21.6''; and
0
b. In paragraph (d) introductory text, in the first sentence, removing
``21.49 through 21.52'' and adding in their place ``21.159, 21.162,
21.165, and 21.168'' and removing the number ``21.61(c)'' and adding in
its place the words ``paragraph (c) of this section'';
0
c. In paragraph (f), in the fourth sentence, removing the number
``21.61(d)'' and adding in its place the words ``paragraph (d) of this
section''; and
0
d. Revising paragraph (i).
The revision reads as follows:
Sec. 21.183 Population control of resident Canada geese.
* * * * *
(i) Information collection requirements. The Office of Management
and Budget (OMB) has approved the information collection requirements
associated with this program and assigned OMB Control Number 1018-0146.
Federal agencies may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. Direct comments regarding the
burden estimate or any other aspect of the information collection to
the Service's Information Collection Clearance Officer at the address
provided at 50 CFR 2.1(b).
Subpart E [Removed]
0
55. Remove newly vacant subpart E.
PART 22--EAGLE PERMITS
0
56. The authority citation for part 22 continues to read as follows:
Authority: 16 U.S.C. 668-668d; 703-712; 1531-1544.
Subpart A--Introduction and General Requirements
0
57. Revise the heading of subpart A to read as set forth above.
Sec. Sec. 22.1, 22.2, 22.3, and 22.4 [Redesignated as Sec. Sec.
22.2, 22.4, 22.6, and 22.8]
0
58. Redesignate Sec. Sec. 22.1, 22.2, 22.3, and 22.4 as Sec. Sec.
22.2, 22.4, 22.6, and 22.8, respectively.
0
59. Amend newly redesignated Sec. 22.2 by revising the section heading
to read as follows:
Sec. 22.2 Purpose of this part.
* * * * *
0
60. Amend newly redesignated Sec. 22.4 by:
0
a. Revising the section heading; and
0
b. In paragraph (a)(2), removing the number ``22.22'' and adding in its
place the number ``22.60''.
The revision reads as follows:
Sec. 22.4 Scope of this part.
* * * * *
0
61. Revise newly redesignated Sec. 22.8 to read as follows:
Sec. 22.8 Information collection requirements.
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this part and assigned
OMB Control Number 1018-0167. Federal agencies may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
Direct comments regarding the burden estimate or any other aspect of
the information collection to the Service's Information Collection
Clearance Officer at the address provided at 50 CFR 2.1(b).
Subpart B--General Requirements
Sec. 22.11 [Redesignated as Sec. 22.10 and Transferred to Subpart A]
0
62. Redesignate Sec. 22.11 as Sec. 22.10, transfer it from subpart B
to subpart A, and amend it by:
0
a. Revising the section heading; and
0
b. In the introductory text, removing the number ``21.2'' and adding in
its place the number ``21.4''.
The revision reads as follows:
Sec. 22.10 Relationship to other permit requirements.
* * * * *
Sec. 22.12 [Transferred to Subpart A]
0
63. Amend Sec. 22.12 by:
0
a. Transferring it from subpart B to subpart A; and
0
b. Revising the section heading.
The revision reads as follows:
Sec. 22.12 Illegal activities.
* * * * *
Subpart B [Reserved]
0
64. Reserve newly vacant subpart B.
Subpart C--Specific Eagle Permit Provisions
0
65. Revise the heading of subpart C to read as set forth above.
Sec. Sec. 22.21, 22.22, 22.23, 22.24, 22.25, 22.26, 22.27, and
22.28 [Redesignated as Sec. Sec. 22.50, 22.60, 22.100, 22.70, 22.75,
22.80, 22.85, and 22.90]
0
66. Redesignate the sections in subpart C as shown in the following
table:
------------------------------------------------------------------------
Old section New section
------------------------------------------------------------------------
Sec. 22.21 Sec. 22.50
Sec. 22.22 Sec. 22.60
Sec. 22.23 Sec. 22.100
Sec. 22.24 Sec. 22.70
Sec. 22.25 Sec. 22.75
Sec. 22.26 Sec. 22.80
Sec. 22.27 Sec. 22.85
Sec. 22.28 Sec. 22.90
------------------------------------------------------------------------
0
67. Amend newly redesignated Sec. 22.50 by revising the section
heading to read as follows:
Sec. 22.50 Eagle scientific and eagle exhibition permits.
* * * * *
0
68. Amend newly redesignated Sec. 22.60 by revising the section
heading to read as follows:
Sec. 22.60 Eagle Indian religious permits.
* * * * *
0
69. Amend newly redesignated Sec. 22.70 by:
0
a. Revising the section heading;
0
b. In paragraph (a), removing ``21.29 (c)(3)(iv)'' and adding in its
place ``21.82(c)(3)(iv)''; and
0
c. In paragraph (b), removing the number ``22.23'' and adding in its
place the number ``22.100'' and removing the words ``Subpart D,
Depredation Control Orders on Golden Eagles'' and adding in their place
the words ``Subpart D--Provisions for Depredating Eagles''.
The revision reads as follows:
Sec. 22.70 Eagle falconry permits.
* * * * *
0
70. Amend newly redesignated Sec. 22.75 by revising the introductory
text to read as follows:
Sec. 22.75 Golden eagle nest take permits.
The Director may, upon receipt of an application and in accordance
with the issuance criteria of this section, issue a permit authorizing
any person to take alternate golden eagle nests during a resource
development or recovery operation if the taking is compatible with the
preservation of golden eagles. The Office of Management and Budget
(OMB) has approved the information
[[Page 885]]
collection requirements contained in this section and assigned OMB
Control Number 1018-0167. Federal agencies may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number. Direct
comments regarding the burden estimate or any other aspect of the
information collection to the Service's Information Collection
Clearance Officer at the address provided at 50 CFR 2.1(b).
* * * * *
Sec. 22.80 [Amended]
0
71. Amend newly redesignated Sec. 22.80 in paragraph (b) introductory
text by removing the number ``22.3'' and adding in its place the number
``22.6''.
Sec. 22.85 [Amended]
0
72. Amend newly redesignated Sec. 22.85 by:
0
a. In paragraph (b)(8) introductory text, removing the number
``22.26(c)(1)(iii)'' and adding in its place the number
``22.80(c)(1)(iii)'';
0
b. In paragraph (c)(1), by removing ``(https://www.fws.gov/permits/mbpermits/addresses.html)''; and
0
c. In paragraph (e)(6)(iv), removing the number ``22.25'' and adding in
its place the number ``22.75''.
Sec. 22.90 [Amended]
0
73. Amend newly redesignated Sec. 22.90 in paragraphs (a) and (b) by
removing the number ``22.26'' and adding in its place the number
``22.80''.
Sec. 22.100 [Transferred to Subpart D]
0
74. Amend newly redesignated Sec. 22.100 by:
0
a. Transferring it from subpart C to subpart D; and
0
b. Revising the section heading.
The revision reads as follows:
Sec. 22.100 Eagle depredation permits.
* * * * *
Subpart D--Provisions for Depredating Eagles
0
75. Revise the heading of subpart D to read as set forth above.
Sec. Sec. 22.31 and 22.32 [Redesignated as Sec. Sec. 22.120 and
22.122]
0
76. Redesignate Sec. Sec. 22.31 and 22.32 as Sec. Sec. 22.120 and
22.122, respectively.
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2021-28086 Filed 1-6-22; 8:45 am]
BILLING CODE 4333-15-P