[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Proposed Rules]
[Pages 67650-67651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28376]
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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; reopening of comment
period.
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[[Page 67651]]
SUMMARY: We, the U.S. Fish and Wildlife Service, announce the reopening
of the public comment period on our July 6, 2011, advance notice of
proposed rulemaking in which we solicited comments and suggestions on
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.
We are reopening the comment period to allow all interested parties
another opportunity to comment on the proposed rule. Comments
previously submitted need not be resubmitted and will be fully
considered in preparation of a proposed rule.
DATES: Electronic comments on this proposal via regulations.gov must be
submitted by midnight Eastern time on December 2, 2011. Comments
submitted by mail must be postmarked no later than December 2, 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 the duplicates 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, MS
2042-PDM; 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: George Allen at (703) 358-1825.
SUPPLEMENTARY INFORMATION:
Public Comments
We request comments and suggestions on this topic from 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 email 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
(contact the person listed under FOR FURTHER INFORMATION CONTACT).
Background
On July 6, 2011, we published in the Federal Register an advance
notice of proposed rulemaking to gather information and suggestions
from the public to help us formulate a proposed regulation for a
specific permit authorizing the use of raptors in abatement activities
(76 FR 39368). The comment period for the advance notice of proposed
rulemaking was open for 90 days, ending on October 4, 2011. At a
commenter's request, we are reopening the comment period on the advance
notice of proposed rulemaking for an additional 60 days (see DATES
section). We specifically seek comments concerning 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.
If you previously submitted comments in response to the July 6,
2011, advance notice of proposed rulemaking, do not resubmit them. They
will be fully considered as we prepare a proposed rule. For more
information concerning the advance notice of proposed rulemaking,
please refer to that document at 76 FR 39368 (July 6, 2011).
Authority: The authorities for this notice are the Migratory
Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703-712); Public Law 95-
616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public Law 106-108, 113 Stat.
1491, and Note Following 16 U.S.C. 703.
Dated: October 21, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-28376 Filed 11-1-11; 8:45 a.m.]
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