Migratory Bird Permits; Administrative Updates, 66094-66095 [2022-23607]
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66094
Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
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Bridget Fahey, Chief, Division of
Conservation and Classification,
Ecological Services Program, U.S. Fish
and Wildlife Service, MS: ES, 5275
Leesburg Pike, Falls Church, VA 22041–
3803 (telephone 703–358–2171).
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Background
In response to a petition for
rulemaking, on July 6, 2012, we
published in the Federal Register (77
FR 40222) a proposed rule to list as
endangered under the Act (16 U.S.C.
1531 et seq.) the northern subspecies of
scarlet macaw (Ara macao cyanoptera)
and the northern DPS of the southern
subspecies of scarlet macaw (A. m.
macao). That document also announced
our finding that listing the southern DPS
of A. m. macao as endangered or
threatened was not warranted.
On April 7, 2016, we published in the
Federal Register (81 FR 20302) a revised
proposed rule that made changes to the
July 6, 2012, proposed rule. Changes we
proposed in the April 7, 2016, revised
proposed rule included, but were not
limited to, revising our proposed listing
of the northern DPS of A. m. macao
from endangered to threatened and
proposing to treat the southern DPS of
A. m. macao and subspecies crosses (A.
m. macao and A. m. cyanoptera) as
threatened based on similarity of
appearance. The proposed rule also
included a proposed section 4(d) rule
for the northern DPS of A. m. macao,
southern DPS of A. m. macao, and
subspecies crosses.
On February 26, 2019, we published
in the Federal Register (84 FR 6278) a
final rule listing the northern subspecies
of scarlet macaw (A. m. cyanoptera) as
endangered, the northern DPS of the
southern subspecies (A. m. macao) as
threatened, the southern DPS of the
southern subspecies (A. m. macao) and
subspecies crosses (A. m. cyanoptera
and A. m. macao) as threatened due to
similarity of appearance, and finalizing
the section 4(d) rule.
In Center for Biological Diversity v.
Everson, 435 F. Supp. 3d 69 (D.D.C. Jan.
28, 2020) (CBD v. Everson), the Court
vacated the provision of the ‘‘Policy on
Interpretation of the Phrase ‘Significant
Portion of Its Range’ in the ESA’s
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15:49 Nov 01, 2022
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Definitions of Endangered Species and
Threatened Species’’ (79 FR 37578; July
1, 2014), issued jointly by the Service
and the National Marine Fisheries
Service, which provides that if the
Services determine that a species is
threatened throughout all of its range,
the Services will not analyze whether
the species is endangered in a
significant portion of its range.
This Action
We are reexamining the SPR analysis
for the northern DPS of the southern
subspecies of scarlet macaw (A. m.
macao). On August 29, 2022, the U.S.
District Court for the District of
Columbia granted our motion for
voluntary remand without vacatur of the
threatened finding and section 4(d) rule
for the northern DPS of the southern
subspecies of scarlet macaw (Friends of
Animals v. Williams, No. 1:21–cv–
02081–RC, Doc. 22). As submitted to
and approved by the Court, we will
reconsider our SPR analysis based on
the plain language of the Act and the
implications of CBD v. Everson, and
submit our findings to the Federal
Register by March 28, 2023. If the SPR
analysis determines that there are no
significant portions of the range for the
northern DPS of the southern subspecies
of scarlet macaw, the SPR analysis ends
the process. If the SPR analysis
determines that one or more significant
portions of the range exist but do not
warrant endangered status, the SPR
analysis ends the process. However, if
the SPR analysis finds one or more
significant portions of the range and
finds the northern DPS of the southern
subspecies of scarlet macaw should be
listed as endangered instead of
threatened, we will submit a proposed
rule to the Federal Register by March
28, 2024, seeking public comment on
the proposed reclassification of the
northern DPS of the southern subspecies
of scarlet macaw. Throughout this
process, the February 26, 2019, final
rule (84 FR 6278) remains in effect,
including with respect to the threatened
listing and section 4(d) rule for the
northern DPS of the southern subspecies
of scarlet macaw.
Request for Public Comments
We invite written comments on the
manner in which the plain language of
the Act and CBD v. Everson decision
may affect our February 26, 2019, final
rule designating the northern DPS of the
southern subspecies of scarlet macaw
(A. m. macao) as a threatened species.
Specifically, we are interested in public
input on whether and how the CBD v.
Everson opinion affects the SPR analysis
in the threatened determination.
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We request comments from any
interested party that pertain to the
issues raised in the preceding paragraph
only.
Public Availability of Comments
If you submit a comment via https://
www.regulations.gov, your entire
comment—including any personal
identifying information—will be posted
on the website. If you submit a
hardcopy comment that includes
personal identifying information, you
may request that we withhold this
information from public review, but we
cannot guarantee that we will be able to
do so. We will post all hardcopy
comments on https://
www.regulations.gov. Comments and
materials we receive will be available
for public inspection at https://
www.regulations.gov.
Author
The primary authors of this
announcement are the staff members of
the U.S. Fish and Wildlife Service’s
Branch of Delisting and Foreign Species.
Authority
This document is published under the
authority of the Endangered Species
Act, as amended (16 U.S.C. 1531 et
seq.).
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022–23812 Filed 11–1–22; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
[Docket No. FWS–HQ–MB–2021–0025;
FF09M31000–234–FXMB12320900000]
RIN 1018–BF59
Migratory Bird Permits; Administrative
Updates
Fish and Wildlife Service,
Interior.
ACTION: Final rule; technical
amendment.
AGENCY:
On January 7, 2022, the U.S.
Fish and Wildlife Service (Service)
published a final rule to renumber,
rename, and rearrange certain subparts
and sections in our regulations. In that
rule, we incorrectly presented an
amendatory instruction, which
prevented the complete codification of
the regulatory text we set forth for one
section of the regulations. In this
document, we correctly set forth the
SUMMARY:
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02NOR1
Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
amendatory instruction and the relevant
regulatory text. This technical
amendment is a purely administrative
action; it simply corrects one
amendatory instruction to codify
regulations we previously published in
our January 7, 2022, final rule.
DATES: This rule is effective November
2, 2022.
FOR FURTHER INFORMATION CONTACT:
Jerome Ford, Assistant Director—
Migratory Birds Program, U.S. Fish and
Wildlife Service, telephone: 703–358–
2606, email: MB_mail@fws.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: 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)
and the Bald and Golden Eagle
Protection Act, 16 U.S.C. 668 et seq.
(Eagle Act). Regulations pertaining to
migratory bird permits are set forth at 50
CFR part 21. 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
VerDate Sep<11>2014
15:49 Nov 01, 2022
Jkt 259001
regulations. On January 7, 2022, we
published a final rule (87 FR 876) to
renumber, rename, and rearrange certain
subparts and sections in parts 21 and 22
of subchapter B of chapter I, title 50 of
the Code of Federal Regulations (CFR).
The January 7, 2022, final rule also
updated applicable Office of
Management and Budget (OMB) control
numbers to provide the currently
approved OMB control numbers for the
information collection requirements in
50 CFR parts 21 and 22. These updates
provide a consistent approach to the
presentation of this information in our
regulations and, for those affected
sections, streamline our regulations to
codify only the information needed to
notify the public that the information
collection requirements are approved by
OMB.
In the January 7, 2022, final rule (87
FR 876), we set forth information
collection requirements at a new
paragraph (g) of 50 CFR 21.168 (‘‘Public
health control order for resident Canada
geese.’’; see 87 FR 883), but our relevant
amendatory instruction neglected to
instruct the Office of the Federal
Register to ‘‘add’’ that new paragraph.
Therefore, the new paragraph was not
codified when the January 7, 2022, final
rule became effective. With this
document, we add paragraph (g) to 50
CFR 21.168 with the same text
presented in the January 7, 2022, final
rule.
List of Subjects in 50 CFR Part 21
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
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66095
Regulation Promulgation
Accordingly, we amend part 21 of
subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as set forth
below:
PART 21—MIGRATORY BIRD PERMITS
1. The authority citation for part 21
continues to read as follows:
■
Authority: 16 U.S.C. 703–712.
2. Amend § 21.168 by adding
paragraph (g) to read 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
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).
Madonna Baucum,
Chief, Policy and Regulations Branch, U.S.
Fish and Wildlife Service.
[FR Doc. 2022–23607 Filed 11–1–22; 8:45 am]
BILLING CODE 4333–15–P
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]]>Agencies
[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Rules and Regulations]
[Pages 66094-66095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23607]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
[Docket No. FWS-HQ-MB-2021-0025; FF09M31000-234-FXMB12320900000]
RIN 1018-BF59
Migratory Bird Permits; Administrative Updates
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: On January 7, 2022, the U.S. Fish and Wildlife Service
(Service) published a final rule to renumber, rename, and rearrange
certain subparts and sections in our regulations. In that rule, we
incorrectly presented an amendatory instruction, which prevented the
complete codification of the regulatory text we set forth for one
section of the regulations. In this document, we correctly set forth
the
[[Page 66095]]
amendatory instruction and the relevant regulatory text. This technical
amendment is a purely administrative action; it simply corrects one
amendatory instruction to codify regulations we previously published in
our January 7, 2022, final rule.
DATES: This rule is effective November 2, 2022.
FOR FURTHER INFORMATION CONTACT: Jerome Ford, Assistant Director--
Migratory Birds Program, U.S. Fish and Wildlife Service, telephone:
703-358-2606, email: [email protected]. Individuals in the United States
who are deaf, deafblind, hard of hearing, or have a speech disability
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications
relay services. Individuals outside the United States should use the
relay services offered within their country to make international calls
to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: 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) and the Bald and
Golden Eagle Protection Act, 16 U.S.C. 668 et seq. (Eagle Act).
Regulations pertaining to migratory bird permits are set forth at 50
CFR part 21. 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. On January 7, 2022, we published a final
rule (87 FR 876) to renumber, rename, and rearrange certain subparts
and sections in parts 21 and 22 of subchapter B of chapter I, title 50
of the Code of Federal Regulations (CFR).
The January 7, 2022, final rule also updated applicable Office of
Management and Budget (OMB) control numbers to provide the currently
approved OMB control numbers for the information collection
requirements in 50 CFR parts 21 and 22. These updates provide a
consistent approach to the presentation of this information in our
regulations and, for those affected sections, streamline our
regulations to codify only the information needed to notify the public
that the information collection requirements are approved by OMB.
In the January 7, 2022, final rule (87 FR 876), we set forth
information collection requirements at a new paragraph (g) of 50 CFR
21.168 (``Public health control order for resident Canada geese.''; see
87 FR 883), but our relevant amendatory instruction neglected to
instruct the Office of the Federal Register to ``add'' that new
paragraph. Therefore, the new paragraph was not codified when the
January 7, 2022, final rule became effective. With this document, we
add paragraph (g) to 50 CFR 21.168 with the same text presented in the
January 7, 2022, final rule.
List of Subjects in 50 CFR Part 21
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Regulation Promulgation
Accordingly, we amend part 21 of subchapter B of chapter I, title
50 of the Code of Federal Regulations, as set forth below:
PART 21--MIGRATORY BIRD PERMITS
0
1. The authority citation for part 21 continues to read as follows:
Authority: 16 U.S.C. 703-712.
0
2. Amend Sec. 21.168 by adding paragraph (g) to read 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).
Madonna Baucum,
Chief, Policy and Regulations Branch, U.S. Fish and Wildlife Service.
[FR Doc. 2022-23607 Filed 11-1-22; 8:45 am]
BILLING CODE 4333-15-P
