[Federal Register: August 13, 2008 (Volume 73, Number 157)]
[Rules and Regulations]
[Page 47092-47098]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au08-15]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
[FWS-R9-MB-2007-0012; 91200-1231-9BPP]
RIN 1018-AV35
Migratory Bird Permits; Revisions to Migratory Bird Import and
Export Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, change the regulations
governing migratory bird permitting. We amend 50 CFR part 21 to allow
the export of lawfully-acquired, captive-bred raptors without obtaining
a migratory bird export permit; to resolve problems related to export
of species covered by Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) permits or certificates; to
allow the importation and possession without an import permit of
legally-acquired migratory game birds in the families Anatidae,
Columbidae, Gruidae, Rallidae, or Scolopacidae that were lawfully
hunted in a foreign country; to extend the maximum time for which an
import and export permit is valid from 3 to 5 years; and to reorganize
and reword the regulations to make them easier to understand.
DATES: This rule is effective on September 12, 2008.
FOR FURTHER INFORMATION CONTACT: Dr. George T. Allen, Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, 703-358-
1825.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Fish and Wildlife Service is the Federal agency that has
been delegated the responsibility to carry out the Migratory Bird
Treaty Act (MBTA) (16 U.S.C. 703 et seq.), which implements conventions
with Great Britain (for Canada), Mexico, Japan, and the Soviet Union
(Russia). Raptors (birds of prey) are afforded Federal protection by
the 1972 amendment to the Convention for the Protection of Migratory
Birds and Game Animals, February 7, 1936, United States-Mexico, as
amended; the Convention between the United States and Japan for the
Protection of Migratory Birds in Danger of Extinction and Their
Environment, September 19, 1974; and the Convention Between the United
States of America and the Union of Soviet Socialist Republics (Russia)
Concerning the Conservation of Migratory Birds and Their Environment,
November 26, 1976.
Among other things, we manage the import and export of migratory
birds and their parts, eggs, and nests. The regulations at 50 CFR 21.21
set forth the requirements for import and export permits for migratory
birds and their parts, eggs, and nests, including requirements for
import and export permits, application procedures for these permits,
additional permit conditions, and the term for which a permit is valid.
These regulations are 18 years old and are, in part, outdated. In
particular, these regulations do not mention the requirements
associated with CITES, addressed in part 23 of our regulations. In
addition, many of the requirements currently set forth at Sec. 21.21
simply reference another part or section of our regulations. They are
therefore difficult to read and understand.
We proposed revisions to the regulations governing import and
export of migratory birds on November 19, 2007 (72 FR 64981). Among
other things, we wanted to: Address the export of species covered by
CITES; allow the export of lawfully-acquired, captive-bred raptors
without an export permit; allow the importation and possession without
a migratory bird import permit of legally-acquired migratory game birds
in the families Anatidae, Columbidae, Gruidae, Rallidae, and
Scolopacidae that were lawfully hunted in a foreign country; extend the
maximum time for which a migratory bird import and export permit is
valid from 3 to 5 years; and reorganize and reword the regulations to
make them easier to understand. We revised the proposed regulations to
address comments we received, but we made no major changes to the
proposed rule.
Changes in the Migratory Bird Import and Export Regulations
General requirements (Sec. 21.21(a)): Current Sec. 21.21(a)
provides the general requirements for import and export permits, as
well as the exceptions to these requirements. We reorganize current
Sec. 21.21 to separate the general requirements (Sec. 21.21(a)) from
the exceptions to the requirements (Sec. 21.21(b), (c) and (d)). In
Sec. 21.21(a), we acknowledge all of the regulations, including the
CITES regulations at 50 CFR part 23, that apply to imports and exports
of migratory birds and their parts, eggs, and nests. These revisions
will help ensure that importers and exporters of migratory birds or
their parts, eggs, or nests understand all the requirements applicable
to their imports and exports.
Exceptions for import permits (Sec. 21.21(b)): Current Sec.
21.21(a)(1) provides the requirements for import permits; it does not
provide any exceptions to import permit requirements for migratory
birds or their parts, eggs, or nests. Current Sec. 21.21(a)(2) does
have one import permit exception for raptors for falconry that will be
discussed later in this document. We add, in a new Sec. 21.21(b), a
provision to allow the importation and possession without an import
permit of migratory game birds in the families Anatidae, Columbidae,
Gruidae, Rallidae, and Scolopacidae that were lawfully hunted in a
foreign country. The imported specimens can be carcasses, skins, or
mounts. They must be accompanied by evidence of lawful export from the
country of origin and by any other necessary permits, such as a
[[Page 47093]]
CITES permit. These families may be legally hunted under the provisions
of the migratory bird treaties with Canada and Mexico, though hunting
seasons have not been established for all of them. We will allow import
of birds in these families that were legally hunted outside the United
States without requiring an import permit to do so. However, should we
determine that hunting of any species in these families is not
consistent with the conservation of the species, we will disallow
import of that species if it was originally acquired by hunting.
Exceptions for export permits (Sec. 21.21(c)): As stated above,
current Sec. 21.21(a) provides the requirements for import and export
permits, and exceptions to these requirements. Current Sec. 21.21(a)
does provide exceptions to the export permit requirements for certain
captive-bred migratory game birds exported to Canada or Mexico and for
raptors used for falconry exported to or imported from Canada or
Mexico. Our Sec. 21.21(c) retains these exceptions, with changes
described below.
Instead of simply directing readers to 50 CFR 21.13(b) of the
regulations for the marking requirements for captive-bred migratory
game birds exported to Canada or Mexico, we detail those requirements
in this new paragraph. This revision will help ensure that exporters of
migratory game birds understand the exceptions to our export permit
requirements.
In addition, we add a provision to allow export of lawfully
acquired, captive-bred raptors without an additional export permit,
provided that the exporter holds both a valid raptor propagation permit
and a CITES export permit, and has full documentation of the lawful
origin of the raptor(s). The raptor(s) would also have to be properly
identified by a captive-bred raptor band (see Sec. 21.30 of this
subpart C of part 21). This change will eliminate redundant permitting
reviews for export of captive-bred raptors and help ensure that border
inspectors can easily and accurately identify birds for export.
The exception to the import and export permit requirements for
falconry birds under a CITES passport currently resides in Sec.
21.21(a)(2), with the general export permit requirements for migratory
birds. We moved the exception to the requirements for falconry birds
into its own paragraph (new Sec. 21.21(d)) so that it is easier to
find in the regulations. For clarity, we revise the language concerning
the exception and acknowledge the CITES regulations at 50 CFR part 23
that apply to exports of these birds. This revision will help ensure
that importers and exporters of falconry birds understand this
exception to the temporary export and import requirements for falconry
birds. We believe that this change will help readers more easily find
this information.
We believe it is reasonable to allow the temporary export and
subsequent import of birds held for falconry out of the United States.
Therefore, a provision in the regulation makes it clear that we allow
this action. The provision states that unless a permittee has the
necessary CITES permit or certificate to permanently export a raptor
from the United States, he or she must bring any raptor transported out
of the country for use in falconry back to the United States when he or
she returns. However, if the raptor dies or is lost, the permittee must
document the loss of the bird as required by his or her State falconry
regulations and any conditions on the CITES document.
Inspection procedures (Sec. 21.21(e)): The current Sec. 21.21 is
silent on inspection procedures for imported and exported migratory
birds and their parts, eggs, and nests, even though these inspections
occur regularly. We correct language in our proposed rule, in which we
stated that Customs and Border Protection (CBP) would be allowed to
inspect any migratory birds brought into or out of the country. Doing
so would be contrary to the provisions in 50 CFR part 14 and 23. 50 CFR
Sec. 14.54 does not authorize CBP to act on the Service's behalf for
any export. In addition, CBP is not authorized under 50 CFR 23 to
validate CITES documents issued for the export of CITES listed
migratory birds or for migratory birds traveling on a CITES pet
passport.
Application procedures (Sec. 21.21(f)): Current Sec. 21.21(b)
provides the application procedures for permits to import or export
migratory birds or their parts, eggs, or nests. The current regulations
set forth the information required on the application forms. The
``additional information,'' specified in current Sec. 21.21(b)(1)
through (b)(6), has been incorporated into the relevant application
forms, so we remove that information requirement from the regulations.
Instead, we list the specific forms required to apply for an import or
export permit (FWS form 3-200-6) or a permit for scientific collecting
(FWS form 3-200-7). We also add language reminding applicants of the
application fee that must accompany their application to import or
export migratory birds or their parts, eggs, or nests. This change
helps ensure that persons interested in importing or exporting know
which form to complete and its associated application fee.
Service criteria for issuing a permit (Sec. 21.21(g)): The current
Sec. 21.21 is silent on the criteria we consider when deciding whether
or not to issue a permit to import or export migratory birds or their
parts, eggs, or nests. We include the issuance criteria in this
paragraph to ensure that the public understands how we make our
decisions.
Standard conditions for a permit (Sec. 21.21(h)): The current
Sec. 21.21(c) provides information on additional permit conditions. We
retain this information, but rewrite it for clarity in this paragraph.
We also add a reference to 50 CFR part 14 to ensure that importers and
exporters of migratory birds or their parts, eggs, or nests understand
that they must also comply with the general regulations concerning the
importation, exportation, and transportation of wildlife.
Term of permit (Sec. 21.21(i)): The current Sec. 21.21(d)
provides information on the length of time that a permit is valid. We
extend the maximum time for which an import or export permit is valid
from 3 to 5 years. In recent years, as we have completed regulations
revisions we have extended the duration of some permit types that we
believe have a limited potential effect on bird populations. This eases
the burden on both permittees and our permit examiners. We believe that
is also true of the import and export regulations, so this rule extends
the term of an import and export permit.
Plain Language: Throughout our revisions to Sec. 21.21, we have
used short sentences and active voice to make the regulations easy to
understand.
What Comments on the Proposed Rule Did We Receive?
We received 58 sets of comments on the proposed rule. The following
are concerns expressed about provisions of the regulations and
suggestions for changes to them.
Issue: Cross-border temporary export and import of falconry birds.
``I am concerned about the level of documentation required
of falconers for a crossing and would prefer a clear definition
concerning the sufficiency of documentation needed.''
``Due to the option of Customs being able to do the
inspection, please clearly state there is no fee for the inspection.
Some falconers are still being charged $195 each way for both the
inspection and crossing at non-designated port of entry.''
``Please also clearly state that there is no inspection
fee, because in the past
[[Page 47094]]
some falconers have been charged exorbitant fees. If at all possible,
please exempt falconers from the requirement to use only specially
designated ports of entry.''
``Almost all of the birds used in falconry are banded and/
or captive bred. There will be a few wild caught birds with plastic
bands and a few non banded birds but in all cases the falconer on the
U.S. side will arrive with a 3-186A and a health certificate. At that
point it should be up to the Canadian customs agents to accept or
reject a person's entry into the country based on having the health
certificate and having birds that match the description on the 3-186As
(or equivalent). The same would apply to Canadians coming south. The
need for an expensive U.S. Fish and Wildlife Service inspection coming
and going needs to be dropped. A falconer should be able to cross at
any port of entry without the need for either a U.S. or Canadian health
inspector being present. Again, crossing with your dog or cat does not
require such restrictions. There really can't be any legitimate health
concerns as the very same falcons are flying overhead moving north and
south over the borders every year.''
``Since the USFWS proposes to allow either a Service
inspector or a Customs inspector to examine the birds at the border
(which I think is very appropriate and agree with) and since birds held
for falconry appear to be exempt (under 21.21(d), assuming all other
requirements are met) * * * is it possible that falconers could also be
granted an exemption from ``designated ports'' and not be required to
file a 3-200-2 for a Designated Port Exception? This would certainly
help ease the paperwork requirements on both the falconer and the
Service.''
``Falconers meeting the documentation requirements should
be exempt from specific designated ports of entry and should be able to
use any legal point of entry with either customs or UFWS able to
perform inspections.''
``Concerning documentation of legally held raptors
crossing borders, the CITES international authorities have accepted a
``passport'' system, now currently widely in use by falconers in the
Middle East. Such documentation includes a microchip explicitly tying
the passport to the individual bird described. It is good, I believe,
for the life of the bird. Use of such a document in lieu of any import/
export permitting would greatly facilitate crossing procedures and, as
already accepted by CITES, should obviate any further significant
governmental procedural harangues regarding adoption of its use.''
``We also agree with proposed 21.21(e) that will allow
inspections by either USFWS inspectors or Customs and Border
Protection. However, we request a statement that falconers who are
transporting birds for the purpose of practicing falconry are exempt
from designated ports of entry and may use any legal point of entry. It
is clear when the USFWS states that ``We believe it is reasonable to
allow temporary transport of birds held for falconry out of the United
States. Therefore, a proposed provision in the regulation makes it
clear that we allow this action. The provision states that unless you
have the necessary CITES permit or certificate to permanently export a
raptor from the United States, you must bring any raptor you transport
out of the country for use in falconry back to the United States when
you return. However, if the raptor dies or is lost, the permittee must
document the loss of the bird as required by his or her State falconry
regulations and any conditions on the CITES document.'' Therefore, is
it not also reasonable that falconers transporting birds for the
purpose of practicing falconry, be exempt for the provision of
``designated ports''?''
``My personal recommendation includes both wild and CB
[captive-bred] raptors being allowed to cross (because falconers use
both CB and wild taken raptors in this sport) at any designated port of
entry. The reason for this request (any port of entry) is that most
border crossings will be for ``hunting falconry meets'' and these take
place away from large cities, etc. So being able to cross the border at
an entry that is close to the ``hunting meet location'' is critically
important to the falconer.''
``Many of the designated and non-designated ports of entry
can be many miles from your intended destination, and in the case of
Canada, due to the lack of an elaborate road system along the U.S.
border, can force you to detour many additional miles to reach a
designated or non-designated port. Even when a non-designated port of
entry is reached, planning must occur to ensure that the USFWS Agent is
available to review the required documentation. This is an unneeded
requirement and Customs agents are amply qualified to verify the
documentation against the band numbers of the raptors. Crossing the
border only at a designated or non-designated port of entry is an
overly burdensome requirement and currently prevents crossings after
normal business hours and on weekends. Entry at any port of entry,
during their normal operating hours, should be allowed.''
``Please consider allowing either the U.S. Fish and
Wildlife Service or Customs to conduct inspections at border
crossings.''
``Service actions at the time of my 1996 crossing make any
``designated port of entry'' requirement ludicrous! My Canadian
destination was some two hundred miles from my Montana hunting
residence. To comply with your designated port requirement, however,
those crossings necessitated my driving some four hundred additional
miles each way. Further, in compliance with Service instructions I had
made advanced appointments for the required personal Service-conducted
inspection, both coming and going, with the Service resident ``agent''
agreeing as to both times and dates of my crossings. Despite my
compliance with both agreed-upon appointments, no Service agent ever
appeared, having told his Customs-inspector associates to just go ahead
and pass me (and my bird) through. To add injury to insult (and I use
such term explicitly), my use of the Service-designated port required
me to pass through yet another province enroute where falconry was not
yet legal, necessitating all the paperwork for yet another set of
permits.''
``It is possible for our raptors to unintentionally pursue
game across the U.S. border which could result in needing to cross the
border to retrieve the raptor. Please consider language that would
specifically allow the USFWS LE authority to allow falconers to recover
lost birds across the US/Canada border without the typical 30-90 day
wait period for a CITES permit.''
``[T]here should be policy that allows a falconer to
recover a lost bird across the U.S./Canada border without the typical
30-90 day wait period for a CITES permit. A statement that specifically
allowed USFWS LE authority and discretion in this scenario is
requested.''
Add ``A statement specifically allowing USFWS LE authority
to allow falconers to recover lost birds across the U.S./Canada border
without the typical 30-90 day wait period for a CITES permit.''
``I should be able to recover a lost bird without need of
a CITES permit also.''
Response: These comments all address CITES-related and 50 CFR part
14 requirements that are not the subject of this rulemaking. All
wildlife must pass through a Service-designated port out of or into the
United States unless authorized otherwise by a designated port
exception permit. We cannot make
[[Page 47095]]
an exception for falconers. U.S. Customs and Border Protection (CBP)
can only act on the Service's behalf for imports, when their role is to
collect documentation for later investigation by the Service. CBP is
not authorized to validate CITES documents, either upon export, or for
CITES pet passports upon import. Nor is CBP authorized to operate on
behalf of the Service for exports, primarily because CBP generally does
not process exports.
A falconer can get a CITES Certificate of Ownership for Personally
Owned Wildlife, or ``pet passport'' (Form 3-200-64) that facilitates
temporary export and import of a falconry bird out of and into the
United States. The 3-200-64 form ``is used to request a passport-like
certificate for a single animal (one application per pet).'' A ``pet
passport'' certificate may be valid for up to 3 years for multiple
border crossings. If a falconer has more than one raptor that he or she
wishes to temporarily export and import out of and back to the United
States, he or she should get a CITES ``pet passport'' for each bird.
Issue: ``If form 3-177 has not been pre-approved by USFWS, Customs
should be allowed to stamp it.''
``Review of the required supporting documentation can
easily be performed by the Border or Customs agents. Review by Border
agents have been utilized and accepted by the FWS at times when FWS
agents have not been available. Having only FWS agents to verify
documentation is an unnecessary requirement and only serves as a
punitive source of revenue for the FWS ($195 each way) to have a FWS
Agent review and stamp the documentation. Allowing Customs to check and
stamp all documentation (CITES & 3-177 forms) is probably the most
important requested change. Not only would this allow for a much more
streamlined process but would allow crossing at times other than those
hours when a FWS Agent is on duty.''
Response: We require a Form 3-177 for all wildlife imports and
exports, regardless of whether a CITES document is required. CBP cannot
stamp the Service's form. CBP may, however, collect it for later
investigation by FWS, in which case CBP is conditionally allowing entry
subject to FWS approval.
Fees for permits, border inspections, and other fees are not set in
this regulation.
Issue: ``In proposed 21.21(b), (c) and (d) there contains a
section, which states in part, that compliance with parts 14, 15, 17,
21, 22 and 23 is required. While I agree, may I request that the title
of each of those parts be included? (i.e.: 50 CFR part 14: Importation,
Exportation, and Transportation of Wildlife)''
Response: We made this change. It adds clarity to the rule.
Issue: ``Regarding permanent export, thank you for increasing the
permit length to 5 years. However, this permit still seems redundant,
as it could be issued automatically with each CITES permit. Even if a
raptor propagator is giving a bird to a friend, they are still treated
as commercial and charged extra fees in addition to the CITES permit.''
Response: If you have a CITES permit, you do not need an export
permit under this rule. In paragraph (c)(2), we stated that an import/
export permit is not needed for the export of live lawfully-acquired,
captive-bred raptors by a raptor propagation permittee if he or she has
a CITES export permit or certificate issued under part 23 for the
export. The language is unchanged in this final rule.
Issue: The falconry transport provision did not allow for temporary
export and import of wild-caught falconry birds without an import/
export permit.
``The first [issue] includes adding both WILD taken and
captive bred birds to this exemption. We must still meet the CITES
requirements to receive a Passport for both, so why not allow a
falconer to take all of his/her falconry birds whether wild or captive
bred?''
``In section (d), may I request some additional
clarification? It does not appear that wild caught raptors, transported
for falconry are clearly being considered. I am sure this is a simple
oversight and not your intention. Some wild caught birds are not
required to be banded by the various states in the U.S. For those birds
that are not required to be banded, would a completed 3-186A suffice
for documentation?''
Response: We agree that temporary export and import of wild-caught
falconry birds should be allowed. We added appropriate language to the
regulations. However, a falconry raptor taken across a U.S. border will
need to be banded unless it has been exempted from banding because of
problems with bands placed on the bird, or if it has an implanted ISO-
compliant microchip that will allow us to identify it.
Issue: ``We also feel it is vital to include in 21.21(d) or a
separate section, that transport across the border for falconry birds
for the purpose of practicing falconry (i.e. a weekend hunt), not just
at falconry meets, is allowed. The Service states this and we feel it
is appropriate to place such verbiage in the regulations. We also feel
it is vital that such transports also do not require an import/export
permit.''
Response: The language in the proposed rule addressed the practice
of falconry--not just falconry meets. No change from the proposed
regulation is needed, nor do we require a migratory bird import/export
permit. However, a CITES document would be required, even for a short
weekend hunt.
Issue: ``[T]he transport of semen should specifically be allowed
without a permit due to its time sensitive nature.''
Response: The MBTA addresses migratory birds and their parts, eggs,
and nests. We may not exempt semen from the provisions of the Act.
We made no major changes to the proposed rule based on comments we
received.
Required Determinations
Regulatory Planning and Review (Executive Order 12866)
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule under Executive
Order 12866. OMB bases its determination upon the following four
criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 (Pub. L. 104-121)), whenever an agency is required to
publish a notice of rulemaking for any proposed or final rule, it must
prepare and make available for public comment a regulatory flexibility
analysis that describes the effect of the rule on small entities (i.e.,
small businesses, small organizations, and small government
jurisdictions). However, no regulatory flexibility analysis is required
if the head of an agency certifies the rule will not have a significant
economic impact on a substantial number of small entities.
SBREFA amended the Regulatory Flexibility Act to require Federal
agencies to provide the statement of the
[[Page 47096]]
factual basis for certifying that a rule will not have a significant
economic impact on a substantial number of small entities. We have
examined this rule's potential effects on small entities as required by
the Regulatory Flexibility Act, and have determined that this action
will not have a significant economic impact on a substantial number of
small entities, because the changes we are proposing are intended
primarily to simplify export for a limited number of raptor
propagators.
There are no costs associated with this regulatory change.
Consequently, we certify that because this rule will not have a
significant economic effect on a substantial number of small entities,
a regulatory flexibility analysis is not required.
This rule is not a major rule under SBREFA (5 U.S.C. 804(2)). It
will not have a significant impact on a substantial number of small
entities.
a. This rule will not have an annual effect on the economy of $100
million or more.
b. This rule will not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions.
c. This rule will not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we have determined the following:
a. This rule does not ``significantly or uniquely'' affect small
governments. A small government agency plan is not required. Actions
under this regulation will not affect small government activities in
any significant way.
b. This rule does not produce a Federal mandate of $100 million or
greater in any year; i.e., it is not a ``significant regulatory
action'' under the Unfunded Mandates Reform Act.
Takings
In accordance with E.O. 12630, this rule does not have significant
takings implications because it does not contain a provision for taking
of private property. Therefore, a takings implication assessment is not
required.
Federalism
This rule will not have sufficient Federalism effects to warrant
preparation of a Federalism assessment under E.O. 13132. It will not
interfere with the States' ability to manage themselves or their funds.
No significant economic impacts are expected to result from changing
exemptions in migratory bird permit requirements.
Civil Justice Reform
In accordance with E.O. 12988, the Office of the Solicitor has
determined that the rule will not unduly burden the judicial system and
meets the requirements of sections 3(a) and 3(b)(2) of the Order.
Paperwork Reduction Act
We examined these regulations for compliance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). We may not collect or sponsor,
nor is a person required to respond to, a collection of information
unless it displays a currently valid Office of Management and Budget
control number. The Office of Management and Budget approved the
information collection requirements for this part, and assigned OMB
Control Number 1018-0022. There are no new information collection
requirements associated with this regulatory change.
National Environmental Policy Act
We have analyzed this rule in accordance with the National
Environmental Policy Act (NEPA), 42 U.S.C. 432-437(f), and Part 516 of
the U.S. Department of the Interior Manual (516 DM). We have no data on
the number of legally hunted birds that individuals might wish to
import, though we doubt that the number will be large. Because these
species are legally hunted elsewhere, we doubt that this regulations
change will appreciably change the impact of hunting on these species.
Therefore, we do not believe that there will be a significant
environmental impact due to the regulations change.
Environmental Consequences of the Action
The primary change is to allow export of lawfully-acquired,
captive-bred raptors without an export permit provided that the
exporter holds a valid raptor propagation permit and has been issued a
Convention on International Trade in Endangered Species (CITES) export
permit. This change should eliminate redundant permitting required for
this activity. Another important change is to allow the import of
legally-acquired migratory game birds without a permit. A permit is
currently required to import such species. We believe that there are no
significant environmental impacts of this action.
Socioeconomic. This rule will not have discernible socioeconomic
impacts.
Migratory bird populations. This rule will not affect migratory
bird populations.
Endangered and threatened species. The regulation is for migratory
bird species that are not threatened or endangered. It will not affect
threatened or endangered species or critical habitats.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American tribal
Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2, we have
evaluated potential effects on Federally recognized Indian Tribes and
have determined that there are no potential effects. This rule will not
interfere with the Tribes' ability to manage themselves or their funds
or to regulate migratory bird activities on tribal lands.
Energy Supply, Distribution, or Use (E.O. 13211)
On May 18, 2001, the President issued E.O. 13211 addressing
regulations that significantly affect energy supply, distribution, and
use. E.O. 13211 requires agencies to prepare Statements of Energy
Effects when undertaking certain actions. Because this rule will affect
only import and export of birds in limited circumstances, it is not a
significant regulatory action under E.O. 12866, and will not
significantly affect energy supplies, distribution, or use. Therefore,
this action is not a significant energy action and no Statement of
Energy Effects is required.
Compliance With Endangered Species Act Requirements
Section 7 of the Endangered Species Act (ESA) of 1973, as amended
(16 U.S.C. 1531 et seq.), requires that ``The Secretary [of the
Interior] shall review other programs administered by him and utilize
such programs in furtherance of the purposes of this chapter'' (16
U.S.C. 1536(a)(1)). It further states that the Secretary must ``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'' (16 U.S.C. 1536(a)(2)). The regulations change
will not affect listed species.
[[Page 47097]]
List of Subjects in 50 CFR Part 21
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Regulation Promulgation
0
For the reasons stated in the preamble, we amend part 21 of subchapter
B, chapter I, title 50 of the Code of Federal Regulations, as follows:
PART 21--MIGRATORY BIRD PERMITS
0
1. The authority citation for part 21 continues to read as follows:
Authority: Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C.
703); Public Law 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public
Law 106-108, 113 Stat. 1491, Note following 16 U.S.C. 703.
0
2. Revise Sec. 21.21 to read as follows:
Sec. 21.21 Import and export permits.
(a) Permit requirement. Except as provided in paragraphs (b), (c),
and (d) of this section, you must have a permit to import or export
migratory birds, their parts, nests, or eggs. You must meet the
applicable permit requirements of the following parts of this
subchapter B, even if the activity is exempt from a migratory bird
import or export permit:
(1) 13 (General Permit Procedures);
(2) 14 (Importation, Exportation, and Transportation of Wildlife);
(3) 15 (Wild Bird Conservation Act);
(4) 17 (Taking, Possession, Transportation, Sale, Purchase, Barter,
Exportation, and Importation of Wildlife and Plants);
(5) 20 (Migratory Bird Hunting);
(6) 21 (Migratory Bird Permits);
(7) 22 (Eagle Permits); and
(8) 23 (Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES)).
(b) Game bird exception to the import permit requirements. If you
comply with the requirements of parts 14, 20, and 23 of this subchapter
B, you do not need a migratory bird permit to import or possess
migratory game birds in the families Anatidae, Columbidae, Gruidae,
Rallidae, and Scolopacidae for personal use that were lawfully hunted
by you in a foreign country. The game birds may be carcasses, skins, or
mounts. You must provide evidence that you lawfully took the bird or
birds in, and exported them from, the country of origin. This evidence
must include a hunting license and any export documentation required by
the country of origin. You must keep these documents with the imported
bird or birds permanently.
(c) General exceptions to the export permit requirements. You do
not need a migratory bird export permit to:
(1) Export live, captive-bred migratory game birds (see Sec. 20.11
of this subpart) to Canada or Mexico if they are marked by one of the
following methods:
(i) Removal of the hind toe from the right foot;
(ii) Pinioning of a wing by removal of all or some of the
metacarpal bones of one wing, which renders the bird permanently
incapable of flight;
(iii) Banding of one metatarsus with a seamless metal band; or
(iv) A readily discernible tattoo of numbers and/or letters on the
web of one foot.
(2) Export live, lawfully-acquired, captive-bred raptors provided
you hold a valid raptor propagation permit issued under Sec. 21.30 and
you obtain a CITES permit or certificate issued under part 23 to do so.
You must have full documentation of the lawful origin of each raptor,
and each must be identifiable with a seamless band issued by the
Service, including any raptor with an implanted microchip for
identification.
(d) Falconry birds covered under a CITES ``pet passport.'' You do
not need a migratory bird import or export permit to temporarily export
and subsequently import a raptor or raptors you lawfully possess for
falconry to and from another country for use in falconry when the
following conditions are met:
(1) You must meet applicable requirements in part 14 (Importation,
Exportation, and Transportation of Wildlife) of this subchapter B.
(2) You may need one or more additional permits to take a bird from
the United States or to return home with it (see 50 CFR part 15 (Wild
Bird Conservation Act), part 17 (Endangered and Threatened Wildlife and
Plants), and part 23 (Convention on International Trade in Endangered
Species of Wild Fauna and Flora)).
(3) Each raptor must be covered by a CITES certificate of ownership
issued under part 23 of this chapter. You must have full documentation
of the lawful origin of each raptor (a copy of a propagation report
with band number or a 3-186A report), and each must be identifiable
with a seamless band or a permanent, nonreusable, numbered Fish and
Wildlife Service leg band issued by the Service, including any raptor
with an implanted microchip for identification. We may exempt a raptor
from banding because of health concerns, but you must provide proof of
the exemption from your falconry permitting authority.
(4) You must bring any raptor that you export out of the country
for falconry under a CITES ``pet passport'' back to the United States
when you return.
(5) If the raptor dies or is lost, you are not required to bring it
back, but you must report the loss immediately upon your return to the
United States in the manner required by the falconry regulations of
your State, and according to any conditions on your CITES certificate.
(e) Inspection of imported or exported migratory birds. All
migratory birds imported into, or exported from, the United States, and
any associated documentation, may be inspected by the Service. You must
comply with the import and export regulations in Part 14 of this
chapter.
(f) Applying for a migratory bird import or export permit. You must
apply to the appropriate Regional Director--Attention Migratory Bird
Permit Office. You can find the address for your Regional Director in
Sec. 2.2 of subchapter A of this chapter. Your application package
must include a completed application (form 3-200-6, or 3-200-7 if the
import or export is associated with an application for a scientific
collecting permit), and a check or money order made payable to the U.S.
Fish and Wildlife Service in the amount of the application fee for
permits issued under this section, as listed in Sec. 13.11 of this
chapter.
(g) Criteria we will consider before issuing a permit. After we
receive a completed import or export application, the Regional Director
will decide whether to issue you a permit based on the general criteria
of Sec. 13.21 of this chapter, and whether you meet the following
requirements:
(1) You are at least 18 years of age;
(2) The bird was lawfully acquired; and
(3) The purpose of the import or export is consistent with the
conservation of the species; and
(4) For an import permit, whether you are authorized to lawfully
possess the migratory bird after it is imported.
(h) Are there standard conditions for the permit? Yes, standard
conditions for your permit are set forth in part 13 of this subchapter
B. You must also comply with the regulations in part 14 (Importation,
Exportation, and Transportation of Wildlife). We may place additional
requirements or restrictions on your permit as appropriate.
(i) Term of a migratory bird import and export permit. Your
migratory bird import or export permit will be valid for not more than
5 years. It will expire on the date designated on its face unless it is
amended or revoked.
[[Page 47098]]
Dated: August 4, 2008.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-18774 Filed 8-12-08; 8:45 am]
BILLING CODE 4310-55-P