Exhibition of Migratory Birds and Eagles, 35821-35823 [2023-11653]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Proposed Rules
(d) Educational programs. Eagle
specimens must be used for public
educational programs or held for public
archival purposes. Programs must
include information about eagle
ecology, biology, or conservation.
Specimens held for archival purposes
must be properly archived and readily
accessible to the public for research
purposes. Specimens may be used for
observational research without
additional authorization; however,
removal of samples requires additional
authorization (§ 22.50).
(e) Prohibitions. Specimens may not
be purchased, sold, bartered, or offered
for sale or barter. You must not display
any eagle specimens in a manner that
implies personal use.
(f) Records. You must maintain
accurate records of operations on a
calendar-year basis and retain these
records for 5 years. Records must reflect
the programs conducted, each specimen
in possession, and, if applicable,
specimen disposition. The Service may
inspect any eagle specimens held under
this regulatory authorization and review
any records kept at any reasonable time.
Individuals must present specimens and
records for inspection upon request.
(g) Other laws. You must also comply
with pertinent Federal, State, Tribal, or
Territorial requirements.
Subpart C—Specific Eagle Permit
Provisions
21. Amend § 22.50 by revising the
section heading and the introductory
text to read as follows:
■
ddrumheller on DSK120RN23PROD with PROPOSALS1
§ 22.50 Eagle scientific and exhibition
permits.
We may, under the provisions of this
section, issue a permit authorizing the
taking, possession, transportation
within the United States, or
transportation into or out of the United
States of lawfully possessed bald eagles
or golden eagles, or their parts, nests, or
eggs for the scientific or exhibition
purposes of public museums, public
scientific societies, or public zoological
parks. A permit is not required if your
activities fall within the authorization
for exhibition use of eagle specimens
(§ 22.15). We will not issue a permit
under the regulations in this section that
authorizes the transportation into or out
of the United States of any live bald or
golden eagles, or any live eggs of these
birds.
*
*
*
*
*
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2023–11652 Filed 5–31–23; 8:45 am]
BILLING CODE 4333–15–P
VerDate Sep<11>2014
16:56 May 31, 2023
Jkt 259001
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 21 and 22
[Docket No. FWS–HQ–MB–2023–0015;
FF09M31000–234–FXMB12320900000]
RIN 1018–BF58
Exhibition of Migratory Birds and
Eagles
Fish and Wildlife Service,
Interior.
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
This document advises the
public that the U.S. Fish and Wildlife
Service (Service, or we) intends to
gather information necessary to develop
a proposed rule for the exhibition of
migratory birds and eagles. We are
furnishing this advance notice of
proposed rulemaking to advise other
agencies and the public of our
intentions and obtain suggestions and
information on the scope of issues to
include in the rulemaking.
DATES: We will consider comments
received or postmarked on or before July
3, 2023. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
eastern time on the closing date.
ADDRESSES: You may submit a comment
by one of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. In the
Search box, enter FWS–HQ–MB–2023–
0015, which is the docket number for
this action. Then click the Search
button. On the resulting page, you may
submit a comment by clicking on
‘‘Comment.’’ Please ensure that you
have found the correct document before
submitting your comments.
• U.S. Mail: Public Comments
Processing, Attn: FWS–HQ–MB–2023–
0015, U.S. Fish and Wildlife Service,
MS: JAO/3W, 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide. See Public
Comments, below, for more information.
FOR FURTHER INFORMATION CONTACT:
Jerome Ford, Assistant Director—
Migratory Birds, telephone: 1–703–358–
2606.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The U.S. Fish and Wildlife Service is
the Federal agency delegated with the
primary responsibility for managing
PO 00000
Frm 00057
Fmt 4702
Sfmt 4702
35821
migratory birds, including bald eagles
and golden eagles. Our authority derives
primarily from the Migratory Bird
Treaty Act of 1918, as amended, 16
U.S.C. 703–712 (MBTA), which
implements conventions with Great
Britain (for Canada), Mexico, Japan, and
the Russian 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–
668d (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 Service currently authorizes the
exhibition of migratory birds under a
Special Purpose Possession Live permit
(FWS Form 3–200–10c) issued under
the special purpose permit regulations
(50 CFR 21.95). Exhibition of bald eagles
and golden eagles currently requires an
Eagle Exhibition Live permit (FWS
Form 3–200–14) issued under 50 CFR
22.50. On September 21, 2010, the
Service proposed a permit regulation for
the possession and use of migratory
birds in educational programs and
exhibits (75 FR 57413). Comments
received on the proposed regulation
were generally supportive. However, the
Service did not finalize the rule due to
prioritizing other rulemakings. The
Service is now seeking to reinitiate a
rulemaking for migratory bird exhibition
and eagle exhibition. However, enough
has changed in the field of exhibition
that the Service is seeking public input
before preparing a new proposed rule.
We intend to propose new migratory
bird exhibition regulations to authorize
possession of live, non-releasable or
captive-bred migratory birds for use in
teaching people about migratory bird
conservation and ecology. We also
anticipate proposal of revisions to
regulations authorizing eagle exhibition
(50 CFR 22.50), in particular revisions
for permittees that hold migratory bird
exhibition permits or hold USDA
exhibition licenses. The public response
we receive in response to this advance
notice of proposed rulemaking will help
us develop proposed regulations that
E:\FR\FM\01JNP1.SGM
01JNP1
35822
Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
provide consistency and clarity in
administration of permits for migratory
bird and eagle exhibition. This includes
ensuring that migratory birds, including
eagles, are handled and cared for in
humane and healthful conditions and
held in a manner consistent with the
protections afforded by the MBTA and
Eagle Act.
Currently, the Service requires any
individual or entity to obtain a special
purpose permit that authorizes
possession of one or more migratory
birds and an eagle exhibition permit to
exhibit one or more eagles. As part of
the application process, we review the
experience of the caretaker, bird
enclosures, and bird husbandry
practices. Each caretaker (subpermittee)
and enclosure are authorized on the
permit. Each bird is authorized on the
permit, and a transfer request must be
submitted and approved to receive or
transfer a bird. The Service
implemented these practices to ensure
the humane care and handling of
migratory birds, as other Federal
regulations to ensure the humane care
and handling of migratory birds did not
exist at that time.
On February 21, 2023, the U.S.
Department of Agriculture’s Animal
Care Program (USDA-Animal Care)
published in the Federal Register (88
FR 10654) a final rule pertaining to the
care of birds, which includes exhibition
of migratory birds. The Service is
responsible for the conservation of
migratory birds. USDA-Animal Care is
responsible for the humane care of
animals. The Service’s Migratory Birds
Program and USDA-Animal Care seek to
prevent conflicting regulations and
minimize regulatory burden to
exhibitors. The Service requests
information and innovative approaches
on how to best regulate the exhibition
of migratory birds and exhibition of
eagles, in light of the new USDA
regulations. For simplicity, we use the
term ‘‘exhibition’’ to refer to permits
authorizing the public display of
migratory birds or eagles. ‘‘Exhibition’’
includes the activities currently
authorized under Migratory Bird Special
Purpose Possession Live (Educational
Use) permits (FWS Form 3–200–10c) as
well as Eagle Exhibition permits (FWS
Form 3–200–14).
Regulatory Approach Considered
To balance the roles of USDA-Animal
Care and the Service’s Migratory Birds
Program, the Service is considering the
following framework. The movement of
migratory birds from the wild to
exhibition would be regulated by the
Service. The humane care of exhibition
birds would be primarily regulated
VerDate Sep<11>2014
16:56 May 31, 2023
Jkt 259001
under the Animal Welfare Act (AWA; 7
U.S.C. 2131 et seq.). To accomplish this,
the Service would use an authorization
tool called a regulatory authorization.
The Service has long authorized
activities under regulatory
authorizations. The origins of the
regulatory authorization ‘‘general
exceptions to permit requirements’’ (50
CFR 21.12) can be traced back as far as
1944. Regulatory authorizations are
regulations that establish eligibility
criteria and conditions for the take or
possession of migratory birds by an
entity without requiring a permit to
conduct those activities. Regulatory
authorizations can include conditions,
recordkeeping, reporting, and
inspection requirements but otherwise
have a relatively low administrative
burden and require little to no
interaction with the Service. Regulatory
authorizations are most appropriate for
situations that have straightforward
eligibility criteria, do not require caseby-case customization of conditions,
and pose a low risk to migratory bird
populations. Those who are eligible for
a regulatory authorization must comply
with the required conditions, including
records and reporting requirements, and
are subject to enforcement for
noncompliance.
Permitting
The Service is considering
promulgating a regulatory authorization
clarifying that Service permit is not
required to exhibit migratory birds for
AWA license holders. This regulatory
authorization could require additional
conditions for migratory birds beyond
an AWA license, but a permit would not
be required. If an AWA license is not
required, the Service would continue to
authorize exhibition permits for
migratory birds and eagles.
Question 1. What regulatory
authorization conditions should the
Service require in addition to AWA
license conditions? Regulatory
authorization conditions apply to all
migratory bird exhibitors conducting
activities under the regulatory
authorization (i.e., all AWA licensees
conducting activities with migratory
birds). They are not customizable to
individual situations but may be
applied to a subset (e.g., all exhibitors
with a particular species or all
exhibitors with a certain number of
birds). These could include handler or
trainer requirements, humane handling
or training methods, enclosure and
enrichment requirements, etc. For
example, the regulatory authorization
could state: ‘‘migratory birds may not be
handled by the general public’’ or
‘‘migratory birds may be held but not
PO 00000
Frm 00058
Fmt 4702
Sfmt 4702
otherwise touched by the general
public.’’
Question 2. The Service is seeking
estimates of how many exhibitors are
not likely to be required to or hold an
AWA license. In brief, these are
exhibitors with (1) four or fewer raptors
including eagles, (2) no non-raptor
migratory birds, and (3) no other species
that require an AWA license, such as
mammals (please see https://
www.aphis.usda.gov/aphis/ourfocus/
animalwelfare/new-bird-rule/awastandards-for-birds for additional
information on USDA’s New Bird Rule).
For these exhibitors who do not hold an
AWA license, we are also seeking input
on potential changes to the permitting
regulations, including whether the
Service should continue using special
purpose permits (under 50 CFR 21.95)
for migratory birds or promulgate a new
regulation for migratory bird exhibition.
Additionally, should the Service
continue to have separate permits for
migratory birds and eagles, or combine
exhibition authorization for migratory
birds and eagles into a single permit?
Placement of Wild Birds in Exhibition
It is important that we maintain our
role in reviewing the movement of birds
from the wild to exhibition status.
Under the regulatory authorization and
exhibition permits, the Service would
continue to regulate the movement of
migratory birds to and from exhibition.
Currently, this movement is primarily
through rehabilitation patients being
determined non-releasable and placed
with exhibition entities. The Service is
considering continuing the requirement
that the transfer of any wild bird to
exhibition must be approved by the
Service prior to transfer. Rarely, but
occasionally, it is appropriate for
exhibition birds to be transferred to
other permit types or released to the
wild. The Service is considering
continuing the requirement that the
transfer from exhibition to another
permit type or release to the wild must
be approved by the Service prior to
transfer. The Service is also considering
not requiring Service approval of
transfers between exhibitors.
Question 3. Should the Service
continue to track transfers between
exhibitors? If so, under what
circumstances?
Question 4. The Service is
considering being more restrictive in
ensuring wild birds approved for
exhibition are suitable for long-term
captivity. Is this an appropriate role for
the Service? Improved understanding of
the effects of captivity on migratory
birds suggests that captivity is not
humane for many migratory birds,
E:\FR\FM\01JNP1.SGM
01JNP1
Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Proposed Rules
especially certain wild birds and injured
birds. How should the Service design
the information requested and review of
transfer requests to ensure birds are
suitable for exhibition use without being
unduly burdensome to exhibitors or the
Service?
ddrumheller on DSK120RN23PROD with PROPOSALS1
Compensation and Breeding
As part of this rulemaking, the Service
is considering addressing two areas for
which we frequently receive questions:
compensation and breeding of
exhibition birds. Service regulations
currently do not specify whether
compensation is authorized for
exhibition activities. The Service is
considering specifically authorizing
compensation for exhibition activities,
as increased compensation provides
more funds to adequately pay staff and
humanely care for birds. We are
considering defining compensation to
align with AWA regulations, where
compensation includes payment of
program fees, merchandise sales,
donations, or any other economic
benefits related to exhibition of
migratory birds or eagles. The Service
seeks feedback on this approach.
Question 5. Should there be
restrictions on compensation for
exhibition, and if so, under what
circumstances and conditions?
Currently, the breeding of exhibition
birds is prohibited. The Service seeks
public comment on whether breeding of
exhibition birds should be authorized,
and if so, under what circumstances and
conditions.
Question 6. Should the breeding of
exhibition birds be authorized, and if so,
under what circumstances and
conditions?
Exhibition and Other Permit Types
Exhibition activities are occasionally
conducted by those who hold migratory
birds under other permit types, such as
falconry, raptor propagation, and others.
For circumstances where exhibition is
not the primary use of the migratory
bird, the Service is considering the
following three approaches. (1) For
State-licensed falconers, a regulatory
authorization where no permit is
required for State-licensed falconers
who receive less than a set amount in
compensation per calendar year for
exhibition programs (e.g., $1,000). (2)
For falconry schools, if a falconry school
holds an AWA license, then an MBTA
exhibition permit is not required. If the
falconry school does not hold an AWA
license, an MBTA exhibition permit is
required. (3) For other MBTA permittees
who conduct exhibition activities, but
exhibition is not the primary use of the
migratory bird, the following would
VerDate Sep<11>2014
17:41 May 31, 2023
Jkt 259001
apply: If the permittee holds an AWA
license for exhibition, then an MBTA
exhibition permit is not required. If the
permittee does not qualify for an AWA
license, exhibition authorization can be
added to the existing MBTA permit
(e.g., raptor propagation, waterfowl sale
and disposal, etc.).
Question 7. Do the three approaches
described above make sense for those
unique use cases? Are there other
unique cases we have not considered?
Question 8. Should the Service
change practice and allow marked,
individual migratory birds to be held
under multiple permits? For example, a
banded raptor could be authorized for
falconry, raptor propagation, and
exhibition.
Public Comments
Please consider the following when
preparing your comments:
a. Be as succinct as possible.
b. Be specific. Comments supported
by logic, rationale, and citations are
more useful than opinions.
c. State your suggestions and
recommendations clearly with an
expectation of what you would like the
Service to do.
To promulgate a proposed rule, we
will take into consideration all
comments and any additional
information we receive. Please note that
submissions merely stating support for
or opposition to the proposed action,
without providing supporting
information, will be noted but not
considered by the Service in making a
determination. We may hold workshops
or informational sessions so that
interested and affected people may
provide further comments and input; if
we do, we will provide notice of these
workshops or sessions in the Federal
Register, or on our website (https://
www.fws.gov/program/migratory-birdpermit), or both.
Public Availability of Comments
Written comments we receive become
part of the public record associated with
this action. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that the entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. Comments and materials we
receive will be available for public
inspection, by appointment, during
normal business hours at the U.S. Fish
PO 00000
Frm 00059
Fmt 4702
Sfmt 4702
35823
and Wildlife Service Headquarters (see
above).
ADDRESSES,
Authority
The authority for this action is the
Migratory Bird Treaty Act of 1918 (16
U.S.C. 703–712) and the Bald and
Golden Eagle Protection Act (16 U.S.C.
668–668d).
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2023–11653 Filed 5–31–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 230525–0139]
RIN 0648–BM25
Control Date for the Northern Gulf of
Maine Scallop Fishery; Atlantic Sea
Scallop Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking (ANPR); request for
comments.
AGENCY:
This document announces a
new control date that may be used to
determine future participation in the
Limited Access General Category
Northern Gulf of Maine Atlantic sea
scallop fishery. This document is
necessary to inform interested parties
that the New England Fishery
Management Council is considering a
future action that may affect or limit the
number of participants in this fishery
and that participants should locate and
preserve all fishing related documents.
The control date is intended to
discourage speculative entry or fishing
activity in the Limited Access General
Category Northern Gulf of Maine scallop
fishery while the Council considers how
participation in the fishery may be
affected.
DATES: Written comments must be
received on or before July 31, 2023. June
1, 2023, shall be known as the ‘‘control
date’’ for the Northern Gulf of Maine
Atlantic sea scallop fishery.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2023–0046 by the following
method:
• Electronic Submission: Submit all
electronic public comments via the
SUMMARY:
E:\FR\FM\01JNP1.SGM
01JNP1
]]>Agencies
[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Proposed Rules]
[Pages 35821-35823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11653]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 21 and 22
[Docket No. FWS-HQ-MB-2023-0015; FF09M31000-234-FXMB12320900000]
RIN 1018-BF58
Exhibition of Migratory Birds and Eagles
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document advises the public that the U.S. Fish and
Wildlife Service (Service, or we) intends to gather information
necessary to develop a proposed rule for the exhibition of migratory
birds and eagles. We are furnishing this advance notice of proposed
rulemaking to advise other agencies and the public of our intentions
and obtain suggestions and information on the scope of issues to
include in the rulemaking.
DATES: We will consider comments received or postmarked on or before
July 3, 2023. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. eastern time on the closing date.
ADDRESSES: You may submit a comment by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
In the Search box, enter FWS-HQ-MB-2023-0015, which is the docket
number for this action. Then click the Search button. On the resulting
page, you may submit a comment by clicking on ``Comment.'' Please
ensure that you have found the correct document before submitting your
comments.
U.S. Mail: Public Comments Processing, Attn: FWS-HQ-MB-
2023-0015, U.S. Fish and Wildlife Service, MS: JAO/3W, 5275 Leesburg
Pike, Falls Church, VA 22041-3803.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide.
See Public Comments, below, for more information.
FOR FURTHER INFORMATION CONTACT: Jerome Ford, Assistant Director--
Migratory Birds, telephone: 1-703-358-2606.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Fish and Wildlife Service is the Federal agency delegated
with the primary responsibility for managing migratory birds, including
bald eagles and golden eagles. Our authority derives primarily from the
Migratory Bird Treaty Act of 1918, as amended, 16 U.S.C. 703-712
(MBTA), which implements conventions with Great Britain (for Canada),
Mexico, Japan, and the Russian 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.
668-668d (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 Service currently authorizes the exhibition of migratory birds
under a Special Purpose Possession Live permit (FWS Form 3-200-10c)
issued under the special purpose permit regulations (50 CFR 21.95).
Exhibition of bald eagles and golden eagles currently requires an Eagle
Exhibition Live permit (FWS Form 3-200-14) issued under 50 CFR 22.50.
On September 21, 2010, the Service proposed a permit regulation for the
possession and use of migratory birds in educational programs and
exhibits (75 FR 57413). Comments received on the proposed regulation
were generally supportive. However, the Service did not finalize the
rule due to prioritizing other rulemakings. The Service is now seeking
to reinitiate a rulemaking for migratory bird exhibition and eagle
exhibition. However, enough has changed in the field of exhibition that
the Service is seeking public input before preparing a new proposed
rule.
We intend to propose new migratory bird exhibition regulations to
authorize possession of live, non-releasable or captive-bred migratory
birds for use in teaching people about migratory bird conservation and
ecology. We also anticipate proposal of revisions to regulations
authorizing eagle exhibition (50 CFR 22.50), in particular revisions
for permittees that hold migratory bird exhibition permits or hold USDA
exhibition licenses. The public response we receive in response to this
advance notice of proposed rulemaking will help us develop proposed
regulations that
[[Page 35822]]
provide consistency and clarity in administration of permits for
migratory bird and eagle exhibition. This includes ensuring that
migratory birds, including eagles, are handled and cared for in humane
and healthful conditions and held in a manner consistent with the
protections afforded by the MBTA and Eagle Act.
Currently, the Service requires any individual or entity to obtain
a special purpose permit that authorizes possession of one or more
migratory birds and an eagle exhibition permit to exhibit one or more
eagles. As part of the application process, we review the experience of
the caretaker, bird enclosures, and bird husbandry practices. Each
caretaker (subpermittee) and enclosure are authorized on the permit.
Each bird is authorized on the permit, and a transfer request must be
submitted and approved to receive or transfer a bird. The Service
implemented these practices to ensure the humane care and handling of
migratory birds, as other Federal regulations to ensure the humane care
and handling of migratory birds did not exist at that time.
On February 21, 2023, the U.S. Department of Agriculture's Animal
Care Program (USDA-Animal Care) published in the Federal Register (88
FR 10654) a final rule pertaining to the care of birds, which includes
exhibition of migratory birds. The Service is responsible for the
conservation of migratory birds. USDA-Animal Care is responsible for
the humane care of animals. The Service's Migratory Birds Program and
USDA-Animal Care seek to prevent conflicting regulations and minimize
regulatory burden to exhibitors. The Service requests information and
innovative approaches on how to best regulate the exhibition of
migratory birds and exhibition of eagles, in light of the new USDA
regulations. For simplicity, we use the term ``exhibition'' to refer to
permits authorizing the public display of migratory birds or eagles.
``Exhibition'' includes the activities currently authorized under
Migratory Bird Special Purpose Possession Live (Educational Use)
permits (FWS Form 3-200-10c) as well as Eagle Exhibition permits (FWS
Form 3-200-14).
Regulatory Approach Considered
To balance the roles of USDA-Animal Care and the Service's
Migratory Birds Program, the Service is considering the following
framework. The movement of migratory birds from the wild to exhibition
would be regulated by the Service. The humane care of exhibition birds
would be primarily regulated under the Animal Welfare Act (AWA; 7
U.S.C. 2131 et seq.). To accomplish this, the Service would use an
authorization tool called a regulatory authorization.
The Service has long authorized activities under regulatory
authorizations. The origins of the regulatory authorization ``general
exceptions to permit requirements'' (50 CFR 21.12) can be traced back
as far as 1944. Regulatory authorizations are regulations that
establish eligibility criteria and conditions for the take or
possession of migratory birds by an entity without requiring a permit
to conduct those activities. Regulatory authorizations can include
conditions, recordkeeping, reporting, and inspection requirements but
otherwise have a relatively low administrative burden and require
little to no interaction with the Service. Regulatory authorizations
are most appropriate for situations that have straightforward
eligibility criteria, do not require case-by-case customization of
conditions, and pose a low risk to migratory bird populations. Those
who are eligible for a regulatory authorization must comply with the
required conditions, including records and reporting requirements, and
are subject to enforcement for noncompliance.
Permitting
The Service is considering promulgating a regulatory authorization
clarifying that Service permit is not required to exhibit migratory
birds for AWA license holders. This regulatory authorization could
require additional conditions for migratory birds beyond an AWA
license, but a permit would not be required. If an AWA license is not
required, the Service would continue to authorize exhibition permits
for migratory birds and eagles.
Question 1. What regulatory authorization conditions should the
Service require in addition to AWA license conditions? Regulatory
authorization conditions apply to all migratory bird exhibitors
conducting activities under the regulatory authorization (i.e., all AWA
licensees conducting activities with migratory birds). They are not
customizable to individual situations but may be applied to a subset
(e.g., all exhibitors with a particular species or all exhibitors with
a certain number of birds). These could include handler or trainer
requirements, humane handling or training methods, enclosure and
enrichment requirements, etc. For example, the regulatory authorization
could state: ``migratory birds may not be handled by the general
public'' or ``migratory birds may be held but not otherwise touched by
the general public.''
Question 2. The Service is seeking estimates of how many exhibitors
are not likely to be required to or hold an AWA license. In brief,
these are exhibitors with (1) four or fewer raptors including eagles,
(2) no non-raptor migratory birds, and (3) no other species that
require an AWA license, such as mammals (please see https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/new-bird-rule/awa-standards-for-birds for additional information on USDA's New Bird
Rule). For these exhibitors who do not hold an AWA license, we are also
seeking input on potential changes to the permitting regulations,
including whether the Service should continue using special purpose
permits (under 50 CFR 21.95) for migratory birds or promulgate a new
regulation for migratory bird exhibition. Additionally, should the
Service continue to have separate permits for migratory birds and
eagles, or combine exhibition authorization for migratory birds and
eagles into a single permit?
Placement of Wild Birds in Exhibition
It is important that we maintain our role in reviewing the movement
of birds from the wild to exhibition status. Under the regulatory
authorization and exhibition permits, the Service would continue to
regulate the movement of migratory birds to and from exhibition.
Currently, this movement is primarily through rehabilitation patients
being determined non-releasable and placed with exhibition entities.
The Service is considering continuing the requirement that the transfer
of any wild bird to exhibition must be approved by the Service prior to
transfer. Rarely, but occasionally, it is appropriate for exhibition
birds to be transferred to other permit types or released to the wild.
The Service is considering continuing the requirement that the transfer
from exhibition to another permit type or release to the wild must be
approved by the Service prior to transfer. The Service is also
considering not requiring Service approval of transfers between
exhibitors.
Question 3. Should the Service continue to track transfers between
exhibitors? If so, under what circumstances?
Question 4. The Service is considering being more restrictive in
ensuring wild birds approved for exhibition are suitable for long-term
captivity. Is this an appropriate role for the Service? Improved
understanding of the effects of captivity on migratory birds suggests
that captivity is not humane for many migratory birds,
[[Page 35823]]
especially certain wild birds and injured birds. How should the Service
design the information requested and review of transfer requests to
ensure birds are suitable for exhibition use without being unduly
burdensome to exhibitors or the Service?
Compensation and Breeding
As part of this rulemaking, the Service is considering addressing
two areas for which we frequently receive questions: compensation and
breeding of exhibition birds. Service regulations currently do not
specify whether compensation is authorized for exhibition activities.
The Service is considering specifically authorizing compensation for
exhibition activities, as increased compensation provides more funds to
adequately pay staff and humanely care for birds. We are considering
defining compensation to align with AWA regulations, where compensation
includes payment of program fees, merchandise sales, donations, or any
other economic benefits related to exhibition of migratory birds or
eagles. The Service seeks feedback on this approach.
Question 5. Should there be restrictions on compensation for
exhibition, and if so, under what circumstances and conditions?
Currently, the breeding of exhibition birds is prohibited. The
Service seeks public comment on whether breeding of exhibition birds
should be authorized, and if so, under what circumstances and
conditions.
Question 6. Should the breeding of exhibition birds be authorized,
and if so, under what circumstances and conditions?
Exhibition and Other Permit Types
Exhibition activities are occasionally conducted by those who hold
migratory birds under other permit types, such as falconry, raptor
propagation, and others. For circumstances where exhibition is not the
primary use of the migratory bird, the Service is considering the
following three approaches. (1) For State-licensed falconers, a
regulatory authorization where no permit is required for State-licensed
falconers who receive less than a set amount in compensation per
calendar year for exhibition programs (e.g., $1,000). (2) For falconry
schools, if a falconry school holds an AWA license, then an MBTA
exhibition permit is not required. If the falconry school does not hold
an AWA license, an MBTA exhibition permit is required. (3) For other
MBTA permittees who conduct exhibition activities, but exhibition is
not the primary use of the migratory bird, the following would apply:
If the permittee holds an AWA license for exhibition, then an MBTA
exhibition permit is not required. If the permittee does not qualify
for an AWA license, exhibition authorization can be added to the
existing MBTA permit (e.g., raptor propagation, waterfowl sale and
disposal, etc.).
Question 7. Do the three approaches described above make sense for
those unique use cases? Are there other unique cases we have not
considered?
Question 8. Should the Service change practice and allow marked,
individual migratory birds to be held under multiple permits? For
example, a banded raptor could be authorized for falconry, raptor
propagation, and exhibition.
Public Comments
Please consider the following when preparing your comments:
a. Be as succinct as possible.
b. Be specific. Comments supported by logic, rationale, and
citations are more useful than opinions.
c. State your suggestions and recommendations clearly with an
expectation of what you would like the Service to do.
To promulgate a proposed rule, we will take into consideration all
comments and any additional information we receive. Please note that
submissions merely stating support for or opposition to the proposed
action, without providing supporting information, will be noted but not
considered by the Service in making a determination. We may hold
workshops or informational sessions so that interested and affected
people may provide further comments and input; if we do, we will
provide notice of these workshops or sessions in the Federal Register,
or on our website (https://www.fws.gov/program/migratory-bird-permit),
or both.
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. Before including your address, phone
number, email address, or other personal identifying information in
your comment, you should be aware that the entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can ask us in your comment to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so. Comments and materials we
receive will be available for public inspection, by appointment, during
normal business hours at the U.S. Fish and Wildlife Service
Headquarters (see ADDRESSES, above).
Authority
The authority for this action is the Migratory Bird Treaty Act of
1918 (16 U.S.C. 703-712) and the Bald and Golden Eagle Protection Act
(16 U.S.C. 668-668d).
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2023-11653 Filed 5-31-23; 8:45 am]
BILLING CODE 4333-15-P
