[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Proposed Rules]
[Pages 39368-39369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16880]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
[Docket Number FWS-R9-MB-2009-0045; 91200-1231-9BPP]
RIN 1018-AW75
Migratory Bird Permits; Abatement Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: We are considering promulgating migratory bird permit
regulations for a permit to use raptors (birds of prey) in abatement
activities. Abatement means the use of trained raptors to flush, scare
(haze), or take birds or other wildlife to mitigate damage or other
problems, including risks to human health and safety. We have permitted
this activity under special purpose permits since 2007 pursuant to a
migratory bird permit policy memorandum. We now intend to prepare a
specific permit regulation to authorize this activity. We seek
information and suggestions from the public to help us formulate any
proposed regulation.
DATES: We must receive any comments or suggestions by October 4, 2011.
ADDRESSES: You may only submit comments or suggestions by the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. We will not post
duplicate comments from any entity, nor will they be put into our
administrative record for this issue.
U.S. mail or hand-delivery: Public Comments Processing,
Attention FWS-R9-MB-2009-0045; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203-1610.
We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Susan Lawrence at 703-358-2016.
SUPPLEMENTARY INFORMATION:
Public Comments
We request comments and suggestions on this topic from the public,
other concerned governmental agencies, the scientific community,
industry, or any other interested parties. You may submit your comments
and materials concerning this issue by one of the methods listed in the
ADDRESSES section. We will not consider comments sent by e-mail or fax
or to an address not listed in the ADDRESSES section.
If you submit a comment via http://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the Web site. If you submit a hardcopy comment that includes
personal identifying information, you may request at the top of your
document that we withhold this information from public review. However,
we cannot guarantee that we will be able to do so. We will post all
hardcopy comments on http://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we use in preparing a proposed rule, will be available
for public inspection at http://www.regulations.gov, or by appointment,
during normal business hours, at the U.S. Fish and Wildlife Service
(see FOR FURTHER INFORMATION CONTACT).
Background
In response to public interest in the use of trained raptors to
haze (scare) depredating and other problem birds from airports and
agricultural crops, we drafted policy to establish a migratory bird
abatement permit. On January 12, 2007, we published a Federal Register
notice (72 FR 1556-1557) containing draft permit conditions for
abatement permits for public comment. On December 10, 2007, we
published a Federal Register notice (72 FR 69705-69706) announcing
final permit conditions. This was accompanied by Migratory Bird Permit
Memorandum Number 5, Abatement Activities Using Raptors, issued August
22, 2007, available at http://www.fws.gov/migratorybirds/mbpermits/Memorandums/Abatement Activities Using Raptors.pdf.
The policy memorandum and conditions govern current administration
of Federal Migratory Bird Special Purpose Abatement permits (Federal
abatement permit). Applicants for a Federal abatement permit complete
and submit Service application form 3-200-79 (http://www.fws.gov/forms/3-200-79.pdf) to their Regional Migratory Bird Permit Office. The
permit provides the public with a nonlethal management tool to mitigate
problems caused by birds and other wildlife. The use of raptors in
abatement continues to expand, and we intend to develop a specific
permit regulation to govern the activity, rather than continue to
administer the permits under Special Purpose permit authority (50 CFR
21.27) and Migratory Bird Permit Memorandum Number 5.
A Federal abatement permit authorizes the use of trained raptors
protected under the Migratory Bird Treaty Act (MBTA) to abate problems
caused by migratory birds or other wildlife. Under the current policy,
an individual must be a Master Falconer in good standing under the
Federal falconry regulations (50 CFR 21.29) to
[[Page 39369]]
qualify for an abatement permit. A General or Apprentice Falconer may
conduct abatement activities under the permit holder's Federal
abatement permit if the permit holder designates them as a
subpermittee. Only raptors that belong to the abatement permit holder
may be used under his or her abatement permit.
Raptors used under a Federal abatement permit must be captive-bred
and banded with a Service-issued seamless band. Any MBTA-protected
raptor species (including legally held threatened or endangered
species) may be used for abatement, except for golden eagles and bald
eagles. There is currently no limit to the number of raptors an
abatement permit holder may hold under a Federal abatement permit
provided that they are properly cared for and each raptor is used for
abatement activities. Facilities and equipment must meet standards
described in 50 CFR 21.29.
A Federal abatement permit holder may use captive-bred raptors held
under his or her migratory bird master falconry permit for abatement
activities without transferring them to his or her abatement permit,
provided the applicable State falconry permitting authority allows
this. The falconry bird used must be a species authorized for use per
the conditions of the Federal abatement permit. Only the permit holder
may use his or her falconry birds for abatement activities. Raptors
held under a Federal abatement permit may not be used for falconry
unless they are transferred to a falconry permit.
Abatement permit holders must submit a completed 3-186A form
(Migratory Bird Acquisition and Disposition Report) to the issuing
Migratory Bird Permit Office for each raptor he or she acquires or
disposes of under the permit, but they have no other reporting
requirements. Among other things, we solicit suggestions as to whether
reporting will have value, and what level of reporting should be
required.
A Federal abatement permit, by itself, does not authorize the
general killing, injuring, or take of migratory birds or other
wildlife. Any take of protected migratory birds by an abatement permit
holder must be authorized by a Federal depredation order or depredation
permit. Any harassment, disturbance, or take of bald eagles, golden
eagles, or endangered or threatened species by an abatement permit
holder must be authorized by the applicable Federal permit. Abatement
activities must also be in accordance with any other applicable
Federal, State, or Tribal law.
However, no additional Federal permit is required to take species
that are not protected under the MBTA or any other applicable Federal
law. In addition, no Federal permit is required to conduct abatement
activities directed at protected migratory birds that do not amount to
a take. We do not consider flushing, scaring, or hazing to meet the
definition of take under the MBTA.
Possession and use for abatement of exotic raptor species that are
not on the list of MBTA-protected species at 50 CFR 10.13, such as
Barbary falcon, Lanner falcon, and Saker falcon, is not regulated under
the MBTA and is outside the scope of this notice. Hybrid raptors of
MBTA-protected species would still be subject to this proposed permit
regulation. Though an abatement permit would not be required for use of
such species in abatement activities, any resulting take of protected
migratory birds or other protected wildlife must still be authorized
under the applicable Federal, State, or Tribal law or regulation.
A Federal abatement permit will allow the permittee to conduct
abatement at the locations identified and under the conditions listed
on his or her abatement permit. A State abatement permit also may be
required of an abatement practitioner.
We solicit comments and suggestions on any aspect of the use of
trained MBTA-protected raptors for abatement activities and potential
regulations to govern Federal permitting. We particularly solicit
comments on the topics listed below. Explaining the reasons and
rationale for your comments where appropriate will help as we consider
them in the preparation of a proposed rule.
(1) Qualifications and experience necessary to qualify for a
Federal abatement permit.
(2) Limits on the species that should be authorized for use in
abatement activities.
(3) Limits on the numbers of raptors that should be authorized for
use in abatement activities.
(4) Qualifications and experience of subpermittees (both those
authorized to fly the permit holder's raptors and those allowed to care
for birds).
(5) Caging requirements for birds, while traveling, being
transported and held in ``temporary'' caging for extended periods of
time, i.e., multiple birds held in a trailer while conducting seasonal
abatement activities at multiple locations.
(6) The use of falconry birds held by subpermittees for abatement.
(7) Any other considerations relating to subpermittees conducting
abatement activities under a permit holder's permit, including their
business relationship to the permit holder. For example, should
falconers located elsewhere in the United States be allowed to conduct
abatement activities in their own locale as subpermittees under a
permit holder's abatement permit? Why or why not?
(8) Comments on what has worked well under existing permits and
what has not worked well.
(9) Report information that should be required from a permit
holder, if any.
(10) Other conditions that should apply to these permits.
(11) Examples of situations where raptors are used for abatement
and information or documentation of success or lack of success in
accomplishing abatement objectives.
Authority: The authorities for this notice are the Migratory
Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703-712); Pub. L. 95-616,
92 Stat. 3112 (16 U.S.C. 712(2)); Pub. L. 106-108, 113 Stat. 1491,
and Note Following 16 U.S.C. 703.
Dated: June 27, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-16880 Filed 7-5-11; 8:45 am]
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