[Federal Register: December 27, 2010 (Volume 75, Number 247)]
[Rules and Regulations]
[Page 81139-81142]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de10-14]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
[FWS-R9-MB-2010-0064; 91200-1231-9BPP]
RIN 1018-AX31
Migratory Bird Permits; States Delegated Falconry Permitting
Authority; Technical Corrections to the Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The States of Arkansas, Colorado, Idaho, Maine, Michigan,
Missouri, South Dakota, and Washington have requested that we, the U.S.
Fish and Wildlife Service, delegate permitting for falconry to the
State, as provided under the regulations at 50 CFR 21.29. We have
reviewed regulations and supporting materials provided by the States
and have concluded that their regulations comply with the Federal
regulations. We change the falconry regulations accordingly. We also
correct or clarify several small errors in the regulations and move one
section to make the regulations more consistent.
DATES: This rule is effective January 1, 2011.
FOR FURTHER INFORMATION CONTACT: Dr. George T. Allen, Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, 703-358-
1825.
SUPPLEMENTARY INFORMATION:
[[Page 81140]]
Background
We, the U.S. Fish and Wildlife Service, published a final rule in
the Federal Register on October 8, 2008 (73 FR 59448), to revise our
regulations governing falconry in the United States. These regulations
are found in title 50 of the Code of Federal Regulations (CFR) at Sec.
21.29. The regulations provide that, when a State meets the
requirements for operating under the regulations, falconry permitting
must be delegated to the State.
The States of Arkansas, Colorado, Idaho, Maine, Michigan, Missouri,
South Dakota, and Washington have submitted revised falconry
regulations and supporting materials and have requested to be allowed
to operate under the revised Federal regulations. We have reviewed the
regulations administered by these States and have determined that their
regulations meet the requirements of 50 CFR 21.29(b). According to the
regulations at Sec. 21.29(b)(4), we must issue a rule to add a State
to the list at Sec. 21.29(b)(10) of approved States with a falconry
program. Therefore, we change the Federal regulations accordingly, and
a Federal permit will no longer be required to practice falconry in the
States of Arkansas, Colorado, Idaho, Maine, Michigan, Missouri, South
Dakota, and Washington beginning January 1, 2011.
We also make several nonsubstantive corrections and improvements to
the falconry regulations in 50 CFR 21.29. In paragraph (d)(9), we add a
paragraph heading for consistency with the other subordinate paragraphs
in paragraph (d), which all have headings. We correct an incorrect
reference in paragraph (e)(6)(ii). Finally, we remove redundant
subparagraphs from paragraphs (e)(2) and (e)(3): The same text appears
at both of these locations. We are removing this text from both of
these locations and moving it to a more logical location in paragraph
(c)(3)(i) in a new paragraph (E). The information in this text pertains
to the possession of raptors by Apprentice Falconers, and we believe
this information fits better with other information about the
possession options for Apprentice Falconers presented in paragraph (c)
than it does in either of its current locations in paragraph (e) of the
regulations.
Administrative Procedure
In accordance with section 553 of the Administrative Procedure Act
(5 U.S.C. 551 et seq.), we are issuing this final rule without prior
opportunity for public comment. Under the regulations at 50 CFR
21.29(b)(1)(ii), the Director of the U.S. Fish and Wildlife Service
must determine if a State, tribal, or territorial falconry permitting
program meets Federal requirements. When the Director makes this
determination, the Service is required by regulations at 50 CFR
21.29(b)(4) to publish a rule in the Federal Register adding the State,
tribe, or territory to the list of those approved for allowing the
practice of falconry. On January 1st of the calendar year following
publication of the rule, the Service will terminate Federal falconry
permitting in any State certified under the regulations at 50 CFR
21.29.
This is a ministerial and nondiscretionary action that must be
enacted shortly to enable the subject States to assume all
responsibilities of falconry permitting by January 1, 2011, the
effective date of this regulatory amendment. Further, the relevant
regulation at 50 CFR 21.29 governing the transfer of permitting
authority to these States has already been subject to public notice and
comment procedures. Therefore, in accordance with 5 U.S.C.
553(b)(3)(B), we did not publish a proposed rule in regard to this
rulemaking action because, for good cause as stated above, we found
prior public notice and comment procedures to be unnecessary. In
addition, per 5 U.S.C. 553(d)(1), we are making this rule effective in
less than 30 days because this rule relieves a restriction: It
relinquishes Federal control of the falconry permitting program to the
approved States.
Required Determinations
Regulatory Planning and Review
The Office of Management and Budget (OMB) has determined that this
rule is not significant 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 (that
is, 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 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. This rule delegates authority to
States that have requested it, and those States have already changed
their falconry regulations. This rule does not change falconers' costs
for practicing their sport, nor does it affect businesses that provide
equipment or supplies for falconry. 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 the SBREFA (5 U.S.C. 804(2)).
It will not have a significant economic impact on a substantial number
of small entities.
a. This rule does not have an annual effect on the economy of $100
million or more. There are no costs to permittees or any other part of
the economy associated with this regulations change.
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. The practice of falconry does not
significantly affect costs or prices in any sector of the economy.
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. Falconry is an endeavor of private individuals. Neither
[[Page 81141]]
regulation nor practice of falconry significantly affects business
activities.
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 will not ``significantly or uniquely'' affect small
governments in a negative way. A small government agency plan is not
required. The eight States affected by this rule applied for the
authority to issue permits for the practice of falconry.
b. This rule will 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, the rule does not have significant
takings implications. A takings implication assessment is not required.
This rule does not contain a provision for taking of private property.
Federalism
This rule does not have sufficient Federalism effects to warrant
preparation of a Federalism assessment under E.O. 13132. The States
being delegated authority to issue permits to conduct falconry have
requested that authority. No significant economic impacts are expected
to result from the State regulation of falconry.
Civil Justice Reform
In accordance with E.O. 12988, the Office of the Solicitor has
determined that the rule does 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 this rule under the Paperwork Reduction Act of 1995.
OMB has approved the information collection requirements of the
Migratory Bird Permits Program and assigned OMB control number 1018-
0022, which expires November 30, 2013. This regulation change does not
add to the approved information collection. Information from the
collection is used to document take of raptors from the wild for use in
falconry and to document transfers of raptors held for falconry between
permittees. A Federal agency may not conduct or sponsor and a person is
not required to respond to a collection of information unless it
displays a currently valid OMB control number.
National Environmental Policy Act
We evaluated the environmental impacts of the changes to these
regulations, and determined that this rule does not have any
environmental impacts. Within the spirit and intent of the Council on
Environmental Quality's regulations for implementing the National
Environmental Policy Act (NEPA), and other statutes, orders, and
policies that protect fish and wildlife resources, we determined that
these regulatory changes do not have a significant effect on the human
environment.
Under the guidance in Appendix 1 of the Department of the Interior
Manual at 516 DM 2, we conclude that the regulatory changes are
categorically excluded because they ``have no or minor potential
environmental impact'' (516 DM 2, Appendix 1A(1)). No more
comprehensive NEPA analysis of the regulations change is required.
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), Executive Order 13175, and 512 DM 2, we
have evaluated potential effects on Federally recognized Indian Tribes
and have determined that this rule will not interfere with Tribes'
ability to manage themselves or their funds or to regulate falconry on
Tribal lands.
Energy Supply, Distribution, or Use
E.O. 13211 requires agencies to prepare Statements of Energy
Effects when undertaking certain actions. Because this rule only
affects the practice of falconry in the United States, 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.
Environmental Consequences of the Action
Socioeconomic. This action will not have discernible socioeconomic
impacts.
Raptor populations. This rule will not change the effects of
falconry on raptor populations. We have reviewed and approved the State
regulations.
Endangered and threatened species. This rule does not change
protections for endangered and threatened species.
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)). Delegating falconry
permitting authority to States with approved programs will not affect
threatened or endangered species or their habitats in the United
States.
List of Subjects in 50 CFR Part 21
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
0
For the reasons stated in the preamble, we amend subpart C of part 21,
subchapter B of 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); Pub. L. 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. Amend Sec. 21.29 by:
0
a. Amending paragraph (b)(10)(i) by removing the word ``or'' from the
first column and adding in alphabetic order to the list of States the
words ``Arkansas,'' ``Colorado,'' ``Idaho,'' ``Maine,'' ``Michigan,''
``Missouri,'' ``South Dakota,'' and ``or Washington,'';
0
b. Amending paragraph (b)(10)(ii) by removing the words ``Arkansas,''
``Colorado,'' ``Idaho,'' ``Maine,'' ``Michigan,'' ``Missouri,'' ``South
Dakota,'' and ``Washington,'';
0
c. Redesignating paragraphs (c)(3)(i)(E) through (c)(3)(i)(I) as
paragraphs (c)(3)(i)(F) through (c)(3)(i)(J) and adding a new paragraph
(c)(3)(i)(E) to read as set forth below;
0
d. Amending paragraph (d)(9) by adding a paragraph heading to read as
set forth below;
0
e. Removing the second paragraph designated as paragraph (e)(2)(i);
0
f. Removing paragraph (e)(3)(i) and redesignating paragraphs (e)(3)(ii)
through (e)(3)(x) as paragraphs (e)(3)(i) through (e)(3)(ix); and
[[Page 81142]]
0
g. Amending paragraph (e)(6)(ii) by removing the reference
``(e)(3)(iii)(C)'' and adding in its place ``(e)(3)(ii)(E).''
Sec. 21.29 Falconry standards and falconry permitting.
* * * * *
(c) * * *
(3) * * *
(i) * * *
(E) You may take raptors less than 1 year old, except nestlings,
from the wild during any period or periods specified by the State,
tribe, or territory. You may take any raptor species from the wild
except a federally listed threatened or endangered species or the
following species: Bald eagle (Haliaeetus leucocephalus), white-tailed
eagle (Haliaeetus albicilla), Steller's sea-eagle (Haliaeetus
pelagicus), golden eagle (Aquila chrysaetos), American swallow-tailed
kite (Elanoides forficatus), Swainson's hawk (Buteo swainsoni),
peregrine falcon (Falco peregrinus), flammulated owl (Otus flammeolus),
elf owl (Micrathene whitneyi), and short-eared owl (Asio flammeus).
* * * * *
(d) * * *
(9) Inspections. * * *
* * * * *
Dated: December 14, 2010.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-32243 Filed 12-23-10; 8:45 am]
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