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! 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