[Federal Register: August 14, 2000 (Volume 65, Number 157)]
[Rules and Regulations]               
[Page 49508-49509]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 49508]]



Fish and Wildlife Service

50 CFR Part 21

RIN 1018-AF93

Migratory Bird Permits; Determination That the State of Delaware 
Meets Federal Falconry Standards and Amended List of States Meeting 
Federal Falconry Standards

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.


SUMMARY: This rule adds the State of Delaware to the list of States 
whose falconry laws meet or exceed Federal falconry standards. This 
action enables residents of the State of Delaware to apply for a 
Federal/State falconry permit and to practice falconry in that State. 
This rule also amends the list of States that participate in the 
cooperative Federal/State permit system by adding Delaware and Vermont. 
The State of Vermont has recently begun to participate in the 
cooperative program.

DATES: This rule is effective August 14, 2000.

ADDRESSES: The complete file for this rule is available for public 
inspection, by appointment, during normal business hours at the Office 
of Migratory Bird Management, U.S. Fish and Wildlife Service, 4401 
North Fairfax Drive, Room 634, Arlington, Virginia 22203.

FOR FURTHER INFORMATION CONTACT: Jon Andrew, Chief, Office of Migratory 
Bird Management, U.S. Fish and Wildlife Service, telephone 703/358-

SUPPLEMENTARY INFORMATION: On April 14, 2000, we published a proposed 
rule in the Federal Register (65 FR 20125) proposing to add the State 
of Delaware to the list of States whose falconry laws meet or exceed 
Federal falconry standards. We also proposed to amend the list of 
States that participate in the cooperative Federal/State permit system 
by adding Delaware and Vermont.
    Regulations in 50 CFR part 21 provide for review and approval of 
State falconry laws by the Fish and Wildlife Service. A list of States 
that allow the practice of falconry and whose falconry laws are 
approved by the Service is found in 50 CFR 21.29(k). As provided in 50 
CFR 21.29 (a) and (c), the Director has reviewed certified copies of 
the falconry regulations adopted by the State of Delaware and has 
determined that they meet or exceed Federal falconry standards. Federal 
falconry standards contained in 50 CFR 21.29 (d) through (i) include 
permit requirements, classes of permits, examination procedures, 
facilities and equipment standards, raptor marking, and raptor taking 
restrictions. Delaware regulations also meet or exceed all restrictions 
or conditions found in 50 CFR 21.29(j), which includes requirements on 
the number, species, acquisition, and marking of raptors. Therefore, 
this rule adds the State of Delaware under Sec. 21.29(k) as a State 
that meets Federal falconry standards. Inclusion of Delaware in this 
list eliminates the previous restriction that prohibited falconry 
within that State. The practice of falconry is now authorized in those 
    We are publishing the entire list of States that have met the 
Federal falconry standards, including the State of Delaware. We believe 
that publishing this list in its entirety will eliminate any confusion 
concerning which States have approval for falconry and further indicate 
which States participate in a cooperative Federal/State permit system 
program. We are adding asterisks to both Delaware and Vermont to 
identify them as participants in the cooperative permit program as 
explained below.
    We are making this rule effective immediately. The Administrative 
Procedure Act (5 U.S.C. 553(d)(1)) allows us to do so because this 
final rule relieves a restriction that prohibited the State of Delaware 
from allowing the practice of falconry.

Why Is This Rulemaking Needed?

    The need for these changes to 50 CFR 21.29(k) arose from the 
expressed desire of the State of Delaware to institute a falconry 
program for the benefit of citizens interested in the sport of falconry 
and to participate in a cooperative Federal/State permit system. 
Accordingly, the State has promulgated regulations that meet or exceed 
Federal requirements protecting migratory birds. These changes to 50 
CFR 21.29(k) were necessary to allow, by inclusion of Delaware within 
the listing of authorized falconry States, persons in the State of 
Delaware to practice falconry. This rule also identifies the State of 
Vermont as a participant in a cooperative Federal/State permit system 
following that State's addition to the list of approved falconry States 
on September 7, 1999 (64 FR 48565).

Did Anyone Comment on the Proposed Rule?

    We received two comments on the proposed rule. One comment was from 
a private individual and the other was from the Director, Division of 
Fish and Wildlife, Department of Natural Resources and Environmental 
Control, State of Delaware. Both supported the proposed action.

NEPA Consideration

    In compliance with the requirements of section 102(2)(C) of the 
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 
4332(2)(C)), and the Council on Environmental Quality's regulations for 
implementing NEPA (40 CFR parts 1500-1508), the Service prepared an 
Environmental Assessment (EA) in July 1988 to support establishment of 
simpler, less restrictive regulations governing the use of most 
raptors. This EA is available to the public at the location indicated 
under the ADDRESSES caption. Based on review and evaluation of the 
proposed rule to amend 50 CFR 21.29(k) by adding Delaware to the list 
of States whose falconry laws meet or exceed Federal falconry 
standards, and Delaware and Vermont as participants in the cooperative 
application program, we have determined that the issuance of this final 
rule is categorically excluded from NEPA documentation under the 
Department of the Interior's NEPA procedures in 516 DM 2, Appendix 

Endangered Species Act Considerations

    Section 7 of the Endangered Species Act (ESA) of 1972, as amended 
(16 U.S.C. 1531, et seq.), provides that, ``The Secretary [of the 
Interior] shall review other programs administered by him and utilize 
such programs in furtherance of the purposes of this Act'' [and] shall 
``insure that any action authorized, funded, or carried out * * * is 
not likely to jeopardize the continued existence of any endangered 
species or threatened species or result in the destruction or adverse 
modification of [critical] habitat * * *'' Our review pursuant to 
section 7 concluded that this action is not likely to adversely affect 
listed species. A copy of this determination is available by contacting 
us at the address indicated under the ADDRESSES caption.

Other Required Determinations

    This rule was not subject to the Office of Management and Budget 
(OMB) review under Executive Order 12866. The Department of the 
Interior has determined that this rule would not have a significant 
effect on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). This is not a major rule under 
5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness 
Act; it will not have an annual effect on the economy of $100 million 
or more, will

[[Page 49509]]

not cause a major increase in costs or prices, and will not adversely 
affect competition, employment, investment, productivity, or 
    We estimate that 20 individuals would obtain falconry permits as a 
result of this rule, and many of the expenditures of those permittees 
would accrue to small businesses. The maximum number of birds allowed 
by a falconer is 3, so the maximum number of birds likely to be 
possessed is 60. Some birds would be taken from the wild, but captive-
bred raptors could be purchased. Using one of the more expensive birds, 
the northern goshawk, as an estimate, the cost to procure a single bird 
is less than $5,000, which, with an upper limit of 60 birds, translates 
into $300,000. Expenditures for building facilities would be less than 
$32,000 for 60 birds, and for care and feeding less than $60,000. These 
expenditures, totaling less than $400,000, represent an upper limit of 
potential economic impact from the addition of Delaware to the list of 
approved States.
    This rule has no potential takings implications for private 
property as defined in Executive Order 12630. The only effect of this 
rule on the constituent community is to allow falconers in the State of 
Delaware to apply for falconry permits. We estimate that no more than 
20 people would apply for falconry permits in Delaware. This rule 
contains information collection requirements that are approved by OMB 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The 
information collection is covered by an existing OMB approval for 
licenses/permit applications, number 1018-0022. For further details 
concerning the information collection approval, see 50 CFR 21.4.
    We have determined, and certify pursuant to the Unfunded Mandates 
Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose 
a cost of $100 million or more in any given year on local or State 
governments or private entities. The rule does not have significant 
Federalism effects pursuant to Executive Order 13132. We also have 
determined that these regulations meet the applicable standards 
provided in sections 3(a) and 3(b)(2) of Executive Order 12988 for 
civil justice reform, and that the rule does not unduly burden the 
judicial system.
    Regarding Government-to-Government relationships with Tribes, this 
rulemaking will have no effect on federally recognized Tribes. There 
are no federally recognized Tribes in the State of Delaware. 
Furthermore, the revisions to the regulations are of a purely 
administrative nature affecting no Tribal trust resources.

List of Subjects in 50 CFR Part 21

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

Regulation Promulgation

    For the reasons described in the preamble, part 21, subchapter B, 
chapter 29 of title 50 of the Code of Federal Regulations, is amended 
as set forth below:


    1. The authority citation for part 21 continues to read as follows:

    Authority: Pub. L. 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)).

    2. Amend Sec. 21.29 by revising paragraph (k) as follows:

Sec. 21.29  Federal falconry standards.

* * * * *
    (k) States meeting Federal falconry standards. We have determined 
that the following States meet or exceed the minimum Federal falconry 
standards established in this section for regulating the taking, 
possession, and transportation of raptors for the purpose of falconry. 
The States that are participants in a cooperative Federal/State permit 
system are designated by an asterisk (*).

*Alabama, *Alaska, Arizona, *Arkansas, *California, *Colorado, 
*Delaware, *Florida, *Georgia, *Idaho, *Illinois, *Indiana, *Iowa, 
*Kansas, *Kentucky, *Louisiana, Maine, Maryland, Massachusetts, 
*Michigan, *Minnesota, *Mississippi, Missouri, *Montana, *Nebraska, 
*Nevada, *New Hampshire, *New Jersey, New Mexico, New York, *North 
Carolina, *North Dakota, *Ohio, Oklahoma, *Oregon, Pennsylvania, Rhode 
Island, *South Carolina, *South Dakota, *Tennessee, Texas, Utah, 
*Vermont, *Virginia, *Washington, West Virginia, *Wisconsin, *Wyoming.

    Dated: July 14, 2000.
Stephen C. Saunders,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-20510 Filed 8-11-00; 8:45 am]