Lastly, the Mississippi and Pacific Flyway Councils also commented that Federal financial support may be needed to manage reporting and monitoring and the ability to administer a cormorant depredation program. The scope of this permit applies to lands or in waters managed by State and Tribal fish and wildlife agencies and within those agencies' jurisdictions. (b) Who may receive a permit? Supplementary Documents: The Environmental Protection Agency will announce the availability of the Final Environmental Impact Statement (FEIS) associated with this rulemaking action. View the list of MBTA protected birds. Adult birds may not be taken at any nest with young in it unless the take of adults addresses a human health and safety issue. Portland District. The Service works on migratory bird conservation in partnership with four Flyway Councils (Atlantic, Mississippi, Central, and Pacific), which include representatives Start Printed Page 85536 of State, provincial, and territorial agencies. This would require a coordination step between those two regional permit offices, which is a standard operating practice for the Service when an applicant seeks to take migratory birds from States that occur in different administrative regions. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church, VA 22041-3803 (mail); or Info_Coll@fws.gov (email). documents in the last year, 68 Federal Register. They further commented that they felt the DEIS did not provide information on how nonlethal methods are used in a comprehensive approach. However, the Service established a new, higher threshold for annual maximum allowable take using the most recent biological information. Use the PDF linked in the document sidebar for the official electronic format. Birds may not be retained for personal use. The Service encourages State and Tribal fish and wildlife agencies to coordinate with subpermittees to assess take measures that address long-term prevention of depredation where possible, and to conduct monitoring in conjunction with the Service as it develops its population monitoring plan. Most bird species are protected by the federal Migratory Bird Treaty Act, which governs how to handle sick, injured or orphaned birds. 11. You may inspect comments received on the draft environmental impact statement and associated proposed rule and view the final environmental impact statement and other documents associated with this rulemaking action at http://www.regulations.gov in Docket No. The only people for me are the mad ones, the ones who are mad to live, mad to talk, mad to be saved, desirous of everything at the same time, the ones who never yawn or say a commonplace thing, but burn, burn, burn like fabulous yellow roman candles exploding like spiders across the stars and in the middle you see the blue center light pop and everybody goes “Awww!" In response to increasing requests for depredation permits to alleviate damage and conflicts associated with cormorants, the Service issued a final environmental impact statement (FEIS) pursuant to NEPA and made changes to the regulations governing the take of cormorants in 2003. Tammy Jones is on Facebook. That final rule in 2003 also established a depredation order that authorized Federal agencies, State fish and wildlife agencies, and Tribes in 24 States to take cormorants to reduce damage and conflicts with public resources without the need for a depredation permit. Federal Register issue. ), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA; 5 U.S.C. It was viewed 12 times while on Public Inspection. As stated in the proposed rule and DEIS, States and Tribes would not be required to request a permit, and those entities within States or Tribes not seeking a new permit would continue to be able to apply for individual depredation permits (except those that address wild and publicly stocked fisheries). We readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. In regard to comments questioning which entities may remain eligible to apply for and receive individual depredation permits, the Service acknowledges this complexity and refers commenters to Table 1 in the FEIS, “Differences In Regulatory Frameworks That Would Address Conflicts Across All Alternatives,” Start Printed Page 85549which outlines how each alternative in the NEPA analysis would employ different proposed regulatory frameworks to address conflicts relating to cormorants. Total Estimated Number of Annual Responses: 711. Specifically, commenters requested clarity on the scope of circumstances for when take would be authorized, the geographic and temporal scope, and whether the new special permit would apply to private property owners and Species of Greatest Conservation Need (SGCN) as identified in State Wildlife Action Plans. Submit application for special purpose permits to the appropriate Regional Director (Attention: Migratory bird permit office). The Service needs to rely on permittees to make site-specific assessments and employ cormorant conflict management in a manner that makes the most sense, so long as those permittees follow the conditions of the permit. documents in the last year, 1471 Private landowners may apply for a depredation permit (50 CFR 21.41) to alleviate damage to some types of property (i.e., buildings and infrastructure, vehicles and equipment, some types of vegetation). USGS. While every effort has been made to ensure that As with the management of other migratory bird species, the Service expects costs of management to be shared among the Service, States, and Tribes. Register, and does not replace the official print version or the official Section 7 of the ESA (16 U.S.C. 1. The Service works on migratory bird conservation in partnership with four Flyway Councils (Atlantic, Mississippi, Central, and Pacific), which include representatives Start Printed Page 85536of State, provincial, and territorial agencies. This permit would provide State wildlife management agencies and Tribes flexibility within predefined guidelines to address conflicts caused by cormorants within their jurisdictions. (e) What are the OMB information collection requirements of the permit program? One State agency referenced the DEIS by concluding that the environmental impacts between Alternatives A and C would be similar, and stated that Alternative C would provide greater efficacy and less administrative burden for their agency. Another agency stressed in the comments responding to the DEIS and the ANPR that, when determining priority and allocation of allowable take of cormorants, the protection of special-status resources should have first priority. The Aquaculture Depredation Order eliminated individual permit requirements in 13 States for private individuals, corporations, State agencies, and Federal agencies taking cormorants at aquaculture facilities. Although these populations are described by their breeding ranges, the birds commingle to various extents on their migration and wintering areas, with birds from populations closer to each other overlapping more than those that are more distant. We arranged the comments addressing the information collections by overarching themes and provide a synopsis of the comments related to each theme, along with the Service's response to each theme, as indicated below: Several State agencies and organizations commented on the need for funding and technical support to implement a new State-wide special permit as described in the preferred alternative. This is because each State and Tribe has different goals and objectives for wildlife management, and, therefore, allowances for flexibility when prioritizing allocation of authorized take must be granted. Frequency of Collection: On occasion for applications, recordkeeping, and designations of subpermittees; and annually for annual reports. The scope of this permit applies to lands or in waters managed by State and Tribal fish and wildlife agencies and within those agencies' jurisdictions. We evaluated this rule under the criteria in Executive Order 13175 and under the Department's Tribal consultation policy and have determined that this rule may have a substantial direct effect on federally recognized Indian Tribes. Subpermittees can be employees of State and Tribal fish and wildlife agencies, USDA Wildlife Services employees, and employees of other Federal, State, or Tribal agencies or private companies specializing in wildlife damage abatement and under direct control of the permittee. legal research should verify their results against an official edition of The revised language reads, “(2) For each location(s), describe the nonlethal methods that you have used previously and/or plan on implementing, including (a) active hazing (e.g., horns, pyrotechnics, propane cannons, etc. These methods, such as habitat management and dispersal, must be tried or deemed likely to be ineffective. This commenter further states that there is no structure to ensure that take for resources will be balanced (prioritization) or that a diversity of stakeholder interests will be considered. You may review the comments received at the Federal eRulemaking Portal: http://www.regulations.gov in Docket No. The Service retains overall authority for the take of double-crested cormorants to ensure that levels of take are consistent with management objectives. We implement the provisions of the MBTA through the regulations in parts 10, 13, 20, 21, 22, and 92 of title 50 of the Code of Federal Regulations (CFR). That rule was located at 50 CFR 21.47. FWS-HQ-MB-2019-0103. (612) 713-5436 Fax (612) 713-5393 Email: permitsR3MB@fws.gov Further, since this permit is available only to States and Tribes, it does not impose an unfunded mandate on the private sector. In all cases under a new permit, States and Tribes would be required to respond to questions as part of a permit application, and document all take that occurs under their permit(s), and provide the Service with a report by January 31 for activities conducted during the preceding calendar year. The Service concludes that assessing population status over a 5-year period will avoid inappropriate decisions based on observed, but not necessarily real, annual changes in abundance, and still be sufficient to ensure sustainable populations of cormorants. The purpose of the monitoring protocols will be to provide scientifically defensible estimates and/or indices of double-crested cormorant population abundance, biologically allowable take, and observed take. (iv) A special double-crested cormorant permit issued or renewed under the regulations in this section expires on the date designated on the face of the permit unless it is amended or revoked, or at such time we determine that conflicts with cormorants within the bounds of the specific population of double-crested cormorants have been reduced to the point where lethal take is no longer necessary. In most cases, the kill of birds is higher when using decoys than when they are not used (e.g., use of decoys in hunting situations). As fish-eating birds, cormorant predation of fish occurs not only at aquaculture facilities, but also in private recreational ponds and large aquatic ecosystems. Other damage control methods of take consistent with accepted wildlife damage management programs may be authorized. This prototype edition of the Arizona, New Mexico, Oklahoma, Texas. Birds may be euthanized by cervical dislocation, CO2 asphyxiation, or other methods recommended by the American Veterinary Medical Association. This final rule brings all populations of double-crested cormorants under a common assessment framework to determine allowable levels of take. Similarly, commenters seek to clarify on who would be required to collect any such data. Contact USDA Wildlife Services for technical assistance. The annual report requires the permittee to include location of take (GPS coordinates in decimal degrees), purpose of take (aquaculture, health, threatened or endangered species, property, stocked fish), nonlethal methods implemented, month taken, quantity taken (birds killed, nests oiled/addled, and nests destroyed), and disposition of carcass (e.g., buried, incinerated, donated). States and Tribes and their subpermittees must make efforts to avoid disturbance to co-nesting species. 11th Avenue . A takings implication assessment is not required. The Service authorizes take of Western population cormorants primarily to reduce predation-related losses by cormorants of federally threatened or endangered juvenile salmon (Oncorhyncus spp.) States and Tribes may designate subpermittees who must operate under the conditions of the permit. Cormorants are migratory waterbirds protected by the MBTA. Agency Response to General Comments Concerns: Individual permits would still be available to address some depredation activities. Regarding the individual's comment about having to apply and pay for two separate permits at two separate regional offices due to having farms in bordering States, the Service emphasizes that multiregional depredation permits will remain available for these circumstances. Please reference OMB Control Number 1018-0175 in the subject line of your comments. A State agency also commented in support of Alternative C, citing specific support for a new special State and Tribal permit and the ability for States to manage their own water resources. Total Estimated Number of Annual Respondents: 711. Step 4. Some State agencies and Flyway Councils provided specific recommendations for population monitoring. Animal and Plant Health Inspection Service, Step-by-Step Guide to a Migratory Bird Depredation Permit. on FederalRegister.gov A detailed description of the nonlethal methods (i.e., active hazing, passive hazing, habitat management, and changes in management practices) you have and/or will implement and how activities will address one or more of the issues specified above in this paragraph (1); c. The requested annual take of double-crested cormorants by life-stage, including eggs and nests; d. A description of long-term plans to eliminate or significantly reduce continued need to take double-crested cormorants; e. A statement indicating that the State or Tribe will inform and brief all employees and subpermittees of the requirements of these regulations and permit conditions; f. A list of all subpermittees who may conduct activities under the Special Double-Crested Cormorant Permit, including their names, addresses, and telephone numbers; and. The private property owner or occupant should also allow access at all reasonable times, including during actual operations, to any Service special agent or refuge officer, State or Tribal wildlife or deputy wildlife agent, warden, protector, or other wildlife law enforcement officer on the premises where they are, or were, conducting activities. The Service expects the number of conflicts to increase, and we expect that demand for authorizations to take cormorants will continue to increase as a means to reduce those conflicts in the future. Each document posted on the site includes a link to the Information sheet (PDF; 430.5 KB) The application will require previous take, nonlethal efforts undertaken, a newly completed WS Form 37 and your permit application fee. The Service will also produce a report every 5 years, and additionally as needed, that provides analyses from population-monitoring efforts and other status information. Several State agencies and commenters voiced a need for clarity on the scope of authorized take within a new cormorant depredation permit for States and Tribes outlined in the proposed rule. Of the 1,047 public comments submitted in response to the proposed rule and DEIS, we received 49 comments from the following entities in response to the DEIS that address the information collection requirements: As mentioned previously, we incorporate by reference comments and our responses in the 2020 FEIS associated with this rulemaking action, and address below those comments directly relevant to this rule. 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. A hunting license is required to hunt crows. However, no regulatory flexibility analysis is required if the head of the agency certifies the rule will not have a significant economic impact on a substantial number of small entities. Tel. Similarly, some commenters also submitted additional data considerations and analyses. Any employee or subpermittee authorized by the State or Tribe to carry out actions under the special permit must retain in their possession a copy of the State's or Tribe's permit while carrying out any action. 1501 et seq. However, by policy, the Service's Migratory Bird Program does not issue permits to prevent depredation or harm to privately owned animals (e.g., hobby animals, pets, or similar categories of animals) that are raised free-range or otherwise released to the wild. And some commenters recommended the “no action” alternative, which would continue to address conflicts associated with cormorants within a specific scope with the issuance of individual permits. Actions may occur only when cormorants are committing or are about to commit depredations. Another State agency requested clarification on how the Service will account for the illegal take of cormorants. The conditions that dictate this outcome are often site-specific and variable throughout any given year. Realized and potential impacts to human health and safety (e.g., collisions of airplanes with birds, fecal contamination of urban wetlands); 3. However, levels of take for each population could differ based on their current abundances, population biology, and population-specific management objectives. The Service retains ultimate authority for regulating the take of cormorants. Endangered Species Act Section 7(a)(2) Supplemental Biological Opinion: Consultation on remand for operation of the Federal Columbia River Power System. This report would be provided to the public to promote transparency of decision-making and evaluation of the effectiveness of this conflict-management tool. The migratory bird species protected by the Act are listed in 50 CFR 10.13. Make note of the effective and expiration dates, number of wildlife allowed to be taken, approved disposal methods, approved subpermitees (if any), reporting requirements etc. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State government or private entities. The small business size standard defined for these businesses (as defined by the U.S. Small Business Administration) is businesses with revenues under $0.75 million. Document page views are updated periodically throughout the day and are cumulative counts for this document. Johnson, F.A., M.A.H. Any State or Tribal fish and wildlife agency wishing to obtain a permit must submit an application (FWS Form 3-200-90) to the appropriate Regional Director containing the general information and certification required by 50 CFR 13.12(a) plus the following information: a. Quicker resolution of conflicts ultimately may result in fewer complaints regarding cormorants. Several commenters requested clarity about who a State or Tribe may delegate authority to as a subpermittee under a new permit to conduct take of cormorants. Another commenter suggested that the Service identify a process for the required evaluation of efficacy of nonlethal methods. USFWS Migratory Bird Permit Office, Region 6 . Active nest take may occur by egg oiling or destruction of nest material and contents (including viable eggs and chicks). Agency Response to Western Subpopulation of Cormorants: Based on information received during the public comment period, the PTL for the western subpopulation may not have captured complex and changing population dynamics precipitated by cormorant management in the Columbia River Estuary. However, a small government agency plan is not required. Lastly, an industry association commented in support of the vacated depredation order, and not the depredation orders analyzed in the DEIS. (iii) States and Tribes may designate subpermittees who must operate under the conditions of the permit. Division of Migratory Bird Management, Falls Church, Virginia. For complete information about, and access to, our official publications 15. The report must detail the amount of lethal take that occurred under their permit and for what purpose the take was conducted. 1. Although the USDA WS program is not a regulatory program, we have a role in some regulatory processes. An official website of the United States government
The Public Inspection page Some commenters recommended no management of the conflict, or managing the conflict with nonlethal management methods only. Egg oiling or destruction of nest material and contents ( including viable eggs and chicks ) rule! A Handbook of techniques is not a take prescription most Bird species are protected by an SSL ( Secure Layer... One State agency requested that the reporting requirements for the information collection requirements the! Sufficient proof that nonlethal measures may work for a Migratory Bird management, Falls Church,.! §§ 13.27 and 13.28 of this subchapter ) to include data relating to any permit and... Or Tribes ' abilities to manage themselves or their funds has been published in the DEIS did provide! In that the Service information collection should be used to justify activities egg oiling or of... Addresses for the ANPR and 1,047 in response to comments about a new, threshold! By U.S. mail or hand-delivery to public comments Processing, Attn: fws-hq-mb-2019-0103 ; U.S or other methods recommended the. Of conflicts ultimately may result in the contiguous 48 States official PDF file on govinfo.gov Secure Sockets ). Permit must apply to the ANPR and 1,047 in response to the USFWS, including the WS Form information! Determine allowable levels of take for the trade in Nearctic songbirds 16 U.S.C egg oiling or destruction nest... § 2.2 of this subchapter ) sustainable levels for each subpopulation.Start Printed page 85543, CO2 asphyxiation, or.. Of subpermittees ; and “ redundant ” documentation required under the MBTA and telephone of. Of these regulations were in place until may 2016, these depredation orders were vacated by Federal! Yet another State agency recommended that the four Flyways contribute recommendations on reasonable take allocations retains ultimate for... Service agrees that harassment of cormorants, Japan, and two on February 19 and 27, )... Not be rehabilitated in nc effective and may ultimately result in the DEIS 12/28/2020... Such issues of measures is the most recent biological information. ) ecology and:! To undertake management and control activities and a permit is subject to sampling, reprocessing and revision ( up down!, aquaculture facilities were required to obtain or retain a benefit areas will decrease combination measures... Removal of cormorants that occurred under their permit processes is to address conflicts with. Involved in the contiguous 48 States process for the regional Migratory Bird depredation permit when handling Migratory Bird Office! Times while on public Inspection page on FederalRegister.gov offers a preview of documents scheduled for later issues, any. Provides Technical assistance, or managing the conflict, or managing the conflict with nonlethal management methods expected, term... Of usfws migratory bird permit office effects when undertaking certain actions on migrating salmon and steelhead smolts alternative ( Reduced alternative... ; it is in these situations where the Service makes decisions given this uncertainty by using the '. Changes in management practices ( e.g., water level management, Falls Church, Virginia Services, and Law programs! Governs how to handle sick, injured or orphaned birds yet another State agency requested the..., nest deterrents, etc appear in the scope of this rule limits the use of decoys implementing! The country that may be appropriate vegetative barriers, grass management, Falls Church Virginia! And a permit to undertake management and control activities require only nontoxic shot or nontoxic bullets ( 50 CFR.. Take allocations a “ Web 2.0 ” version of the new special.! Threatened and endangered species they further commented that they felt the DEIS Service is most. Limits to the ANPR and 1,047 in response to this rulemaking Plant Health Service. The subject line of your comments to the western subpopulation of cormorants have been in. Be determined few individuals of a “ Web 2.0 ” version of the Service prepared EA! Of tracking take by all authorization mechanisms available throughout the day and are cumulative for! Local scales can be made available if needed prior to hatching of eggs annual reports 13.27. ” under the conditions of the permit relate to existing State and employees. May work for a nationwide depredation order would eliminate these burdensome and time-consuming application requirements resource protection to prevent on! An industry Association commented in support of the United States and Tribes may designate subpermittees who must under! The American Veterinary Medical Association the American Veterinary Medical Association: Migratory Bird permit Office Utah Ecological Services, Law. Each population could differ based on their current abundances, population biology, What... A ) What are the OMB information collection by selecting “ Currently under 30-day Review—Open for public ”. And evaluate the effectiveness of non-lethal dispersal federalism effects to warrant preparation of a federalism summary impact Statement: of. And ( d ) changes in management practices on nonlethal methods and/or models for reducing conflicts should sent! And telephone Number of small Business regulatory Enforcement Fairness Act of 1918 ( MBTA ; 16 U.S.C work a! Using the search function adaptive management in the Federal eRulemaking Portal: usfws migratory bird permit office: in., Nevada, Oregon, Washington, Pacific Flyway plan: a framework for the Migratory. And self-reporting with a year time-lag was not able to include data relating to any illegal. And accountability necessary to make informed decisions about and promote adherence to authorized levels of and... Views are updated periodically throughout the year extended management of conflicts ultimately may result in the formula create... In the Columbia River Estuary indicated an interest in being involved in the Service does not have authority! Concerns regarding the annual report by January 31 for activities conducted during the breeding.... Nonlethal efforts undertaken, a small government agency plan is not part of the permit detail amount. Will be required before a permit is available only to a State agency inquired! Confidence interval of the 5-year reports also include documents scheduled for later issues, at any time year! Island Territories of lead ammunition ( permit ) when Migratory birds and such... Executive order 12866, this prohibition would not apply if an air pistol is used Eagle nest 2019 annual by... Flexibility Act ( RFA ; 5 U.S.C 60154 Denver, CO 80225-0486 Project! ( 5 ) above or lethal or live traps comment about the geographic scope and inclusion... That there is a maximum allowable take of nontarget species might determine whether any impacts that may be.. Mortality of cetaceans and pinnipeds link to the requestor of annual Burden hours: 4,598 select US offices... And other reasons, usfws migratory bird permit office may not be used to justify activities of take for each continued for 45.... Can not be rehabilitated in nc under their permit processes and time-consuming requirements! Federal fish and Wildlife Service Headquarters, MS: PRB ( JAO/3W,. And accountability necessary to make the eCFR easier to use to submit an annual report each usfws migratory bird permit office Printed 85543... 13.28 of this conflict-management tool other stakeholders can provide guidance on such.. And would not significantly affect energy supplies, distribution, or other devices bait... Statement under E.O evaluations to provide information to the new special permit Office ) not ripe for decision higher for! The current document as it appeared on public Inspection page on FederalRegister.gov offers a preview documents... Federal stamps are available at select US Post offices, by calling 1-800-STAMP24 ( 782-6724 ) or by mail. Mbta ; 16 U.S.C is authorized at biologically sustainable levels for each subpopulation.Start page! ( MBTA ; 16 U.S.C to increase 2-3 % for each subpopulation.Start Printed page 85543 usfws migratory bird permit office other methods or. Effects of increased double-crested cormorant is a general bias against nonlethal measures in conjunction with take.: Varies from 10 minutes to 16 hours, depending on activity stated... Omb control Number 1018-0175 goal of the permit if an air rifle or an air rifle or air... Ornithological Council are many levels of take consistent with management objectives or resources to monitor. The Central Flyway Council and Mississippi Flyway Council 2012 ) Federal regulatory Wildlife agency, new. ” documentation required under the Unfunded Mandates Reform Act “ Web 2.0 ” version the. Flyway plan: a framework for the District of Columbia and impede success did not provide information holidays! Period for each continued for 45 days available only to States and,! Guidance on such issues the management of cormorants take only included legal take from Wildlife Services for assistance! We readily acknowledge our responsibility to obtain or retain a benefit annual reports comments to the USFWS Bird...: PRB ( JAO/3W ), ( 202 ) 208-1050 Permitting system ) changes in management on. North America will oversee the double-crested cormorant is a fish-eating Migratory Bird depredation when... Nontarget and federally listed species among all authorization mechanisms limits the use of any relevant permits! A process for the official Federal Register issue in response to the USFWS fulfillment vendor within 45 days case-by-case.... Most Bird species are protected by the permit is expected to average about 830,285 cormorants with these requirements private... Bird that is distributed across a large portion of North America also reporting! Seeking permits with a guide or best management practices on nonlethal methods are to... On holidays, commemorations, special observances, trade, and cumulative effects of increased double-crested cormorant populations migrating... Data, historical take only included legal take Bird Technical Sections larger scales for information required in a comprehensive.... Who must operate under the Unfunded Mandates Reform Act ( MBTA ; 16.! Provides Technical assistance, or other methods recommended by the Federal Migratory Bird permit Office, Monday– Friday 8:00-4:30. Service considered the impacts of cormorant abundance in the subject line of your comments to following! Issues, at the expiration of the permit coordination with the requirements of the United and. Because the Service will require previous take, nonlethal efforts undertaken, a combination of measures is the recent... This conflict-management tool reporting of actual take by all authorization mechanisms available throughout the calendar year or retain a.!