[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Notices]
[Pages 32224-32225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13807]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Migratory Birds; Take of Migratory Birds by the Armed Forces
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: The 2003 National Defense Authorization Act (Authorization
Act) provided interim authority to members of the Armed Forces to
incidentally take migratory birds during approved military readiness
activities without violating the Migratory Bird Treaty Act (MBTA). The
Authorization Act provided this interim authority to give the Secretary
of the Interior (Secretary) time to exercise his/her authority under
Section 704(a) of the MBTA to prescribe regulations authorizing such
incidental take. The Secretary delegated this task to the U.S. Fish and
Wildlife Service (Service). On February 28, 2007, the Service issued a
final military readiness rule authorizing members of the Armed Forces
to incidentally take migratory birds.
The Authorization Act also stated that the period of application of
interim incidental take authority would expire when the Service
publishes a notice in the Federal Register that: (1) Prescribes
regulations authorizing incidental take of migratory birds by the Armed
Forces; (2) all legal challenges to the regulations have been
exhausted; and (3) the regulations have taken effect. The Service
hereby provides the notice required by the Authorization Act that the
period of application for interim incidental take authority has
expired. The Service prescribed the necessary regulations on February
28, 2007, the regulations took effect on March 30, 2007, and there were
no challenges to those regulations filed during the allotted time
period.
FOR FURTHER INFORMATION CONTACT: Dr. George Allen, Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, at 703-358-
1825.
SUPPLEMENTARY INFORMATION: On December 2, 2002, the President signed
the 2003 National Defense Authorization Act (Authorization Act).
Section 315 of the Authorization Act provided that, not later than one
year after its enactment, the Secretary of the Interior (Secretary)
should exercise his/her authority under Section 704(a) of the MBTA to
prescribe regulations authorizing the Armed Forces to incidentally take
migratory birds during those military readiness activities authorized
by the Secretary of Defense or the Secretary of the military department
concerned. The Authorization Act further required the Secretary to
promulgate such regulations with the concurrence of the Secretary of
Defense. The Secretary delegated this task to the Service.
The Authorization Act also provided interim authority allowing
members of the Armed Forces to incidentally take migratory birds during
military readiness activities for a period beginning on the date of
enactment of the Act (December 2, 2002) and ending on the date on which
the Secretary publishes in the Federal Register a notice that--
(1) Regulations authorizing the incidental taking of migratory
birds by members of the Armed Forces have been prescribed in accordance
with the requirements of the Act;
(2) All legal challenges to the regulations and to the manner of
their promulgation (if any) have been exhausted as provided in
subsection (e) [which states that all challenges must be filed in
Federal court within 120 days
[[Page 32225]]
of publication of regulations in the Federal Register]; and
(3) The regulations have taken effect.
The Service published the military readiness final rule authorizing
the referenced incidental take in the Federal Register on February 28,
2007 (72 FR 8931). The Service published the rule in coordination and
cooperation with the Department of Defense and the Secretary of Defense
concurred with the rule's requirements. Requirement 1 has, therefore,
been satisfied. The rule became effective March 30, 2007, satisfying
requirement 3. Regarding requirement 2, the statute of limitations for
challenging the military readiness rule elapsed on June 28, 2007, and
there were no challenges filed during the allotted 120-day time period.
Therefore, the Service provides formal notice that the period of
application for interim authority has expired.
Dated: May 17, 2011.
Eileen Sobeck,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-13807 Filed 6-2-11; 8:45 am]
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