[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 38013-38015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16371]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
[Docket No. FWS-HQ-MB-2015-0032; FF09M21200-156-FXMB1231099BPP0]
RIN 1018-BA90
Migratory Bird Permits; Update of Falconry Permitting Reporting
Address
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The State of California has implemented an online permitting
and reporting system compatible with the system that we, the U.S. Fish
and Wildlife Service (Service), use for reporting take of raptors from
the wild for falconry. We change the Web address for falconers in
California to report takes, acquisitions, transfers, and losses of
falconry birds.
DATES: This rule is effective January 1, 2016.
FOR FURTHER INFORMATION CONTACT: Ron Kokel at 703-358-1967.
SUPPLEMENTARY INFORMATION:
Background
We 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, found in title 50 of the Code of Federal Regulations
(CFR) at Sec. 21.29. In 2013, we added the State of California to the
list of States to which we delegate permitting for falconry to the
State, as provided under the regulations (78 FR 72830, December 4,
2013).
This Rule
In the falconry regulations at 50 CFR 21.29, we offer two methods
to submit required reports or other information: (1) Electronically, by
entering the required information in our electronic database at http://permits.fws.gov/186A; and (2) by hard copy, by submitting a paper form
3-186A to the falconer's State, tribal, or territorial agency that
governs falconry. The State of California has developed and implemented
an online permitting and reporting system that is compatible with the
system we use for reporting take of raptors from the wild for falconry
(our electronic database at http://permits.fws.gov/186A). Allowing
California residents to use that State's reporting system should result
in a small savings of resources for both the State and the Service.
Therefore, with this rule, we change the web address for falconers in
California to report takes, acquisitions, transfers, and losses of
falconry birds.
Administrative Procedure
This action is administrative in nature. We are providing regulated
entities and the general public with an accurate web address to report
take, loss, or transfers of raptors by falconers in California. We
delegated the State of California permitting authority for falconry
under the regulations at 50 CFR 21.29 (see 78 FR 72830, December 4,
2013). This rule facilitates that State's permitting and reporting
requirements, and will enable reporting with our system for reporting
take, acquisition, loss, or transfer of any bird for falconry. The
change should slightly reduce administration costs for both the State
and the Service. The delegation of permitting authority to the State of
California has already been subject to public notice-and-comment
procedures, and this change simply adds an Internet address to the
regulations at 50 CFR 21.29 to allow full use of California's
permitting and reporting system. Under 5 U.S.C. 553(b), rules of agency
organization, procedure, or practice may be made final without previous
notice to the public. This is a final rule.
Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Management and
Budget's Office of Information and Regulatory Affairs (OIRA) will
review all significant rules. OIRA has determined that this rule is not
significant.
Executive Order (E.O.) 13563 reaffirms the principles of E.O. 12866
while calling for improvements in the nation's regulatory system to
promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The
[[Page 38014]]
executive order directs agencies to consider regulatory approaches that
reduce burdens and maintain flexibility and freedom of choice for the
public where these approaches are relevant, feasible, and consistent
with regulatory objectives.
E.O. 13563 emphasizes further that regulations must be based on the
best available science and that the rulemaking process must allow for
public participation and an open exchange of ideas. We have developed
this rule in a manner consistent with these requirements.
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 simplifies reporting
required by 50 CFR 21.29 for residents of California. This rule does
not change falconers' costs for practicing their sport, nor does it
affect businesses that provide equipment or supplies for falconry. This
rule may result in a small savings of time and other resources by the
State of California and by the Service, but neither of these is a small
entity. 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 change to the regulations.
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. This rule simplifies reporting
required by 50 CFR 21.29 for residents of California.
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 will not ``significantly or uniquely'' affect small
governments in a negative way. A small government agency plan is not
required. The State of California requested that we make this change to
the regulations to simply falconry reporting for that State's
residents.
b. This rule will not produce a Federal mandate of $100 million or
greater in any year. 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 summary impact statement under E.O. 13132.
The State of California requested that we make this change to the
regulations to simplify falconry reporting for that State's residents.
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 (44
U.S.C. 3501 et seq.), and it does not contain any new collections of
information that require Office of Management and Budget (OMB)
approval. OMB has approved the information collection requirements of
the Migratory Bird Permits Program and assigned OMB control number
1018-0022, which expires May 31, 2017. 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 the
regulations, and determined that this rule does not have any
environmental impacts.
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. This rule 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 are simply adding to our regulations
at 50 CFR 21.29 a falconry reporting method for residents of
California.
Endangered and threatened species. This rule does not change
protections for endangered and threatened species.
[[Page 38015]]
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)). This rule 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.
Regulation Promulgation
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: 16 U.S.C. 703-12.
0
2. Amend Sec. 21.29 by:
0
a. Revising paragraph (b)(2);
0
b. Revising the fifth sentence of paragraph (c)(6)(i);
0
c. Revising the third sentence of paragraph (c)(6)(ii);
0
d. Revising the second sentence of paragraph (c)(6)(iii)(A);
0
e. Revising paragraph (c)(6)(iii)(B);
0
f. Revising the first sentence of paragraph (e)(2)(iv);
0
g. Revising the second sentence of paragraph (e)(5)(i);
0
h. Revising paragraph (e)(6)(i);
0
i. Revising paragraph (e)(7)(i);
0
j. Revising the third sentence of paragraph (e)(9)(ii);
0
k. Revising the second sentence of paragraph (e)(9)(iii); and
0
l. Revising the second sentence after the heading of paragraph (f)(6).
The revisions read as follows:
Sec. 21.29 Falconry standards and falconry permitting.
* * * * *
(b) * * *
(2) Reporting. (i) The State, tribe, or territory must work with us
to ensure that the electronic 3-186A reporting system (http://permits.fws.gov/186A) for reporting take, transfers, and loss of
falconry birds is fully operational for residents of that jurisdiction.
(ii) If you are required to submit a report or other information
under this section, you must either enter the required information in
the electronic database at http://permits.fws.gov/186A, or at http://www.wildlife.ca.gov/FalconryReporting if you are a resident of
California, or submit a paper form 3-186A to your State, tribal, or
territorial agency that governs falconry.
* * * * *
(c) * * *
(6) * * *
(i) * * * Within 10 days from the day on which you take the raptor
from the wild, you must report take of the bird by submitting the
required information (including the band number) using one of the
methods listed in paragraph (b)(2)(ii) of this section. * * *
(ii) * * * You must submit the required information using one of
the methods listed in paragraph (b)(2)(ii) of this section. * * *
(iii) * * *
(A) * * * You must submit the required information within 10 days
of rebanding the raptor using one of the methods listed in paragraph
(b)(2)(ii) of this section.
(B) Purchase and implant an ISO-compliant (134.2 kHz) microchip in
the bird and report the microchip information using one of the methods
listed in paragraph (b)(2)(ii) of this section.
* * * * *
(e) * * *
(2) * * *
(iv) If you are responsible for reporting take of a raptor from the
wild, use one of the methods listed in paragraph (b)(2)(ii) of this
section. * * *
* * * * *
(5) * * *
(i) * * * You must report take of the bird using one of the methods
listed in paragraph (b)(2)(ii) of this section at your first
opportunity to do so, but no more than 10 days after capture of the
bird. * * *
* * * * *
(6) * * *
(i) If you acquire a raptor; transfer, reband, or microchip a
raptor; if a raptor you possess is stolen; if you lose a raptor to the
wild and you do not recover it within 30 days; or if a bird you possess
for falconry dies; you must report the change within 10 days using one
of the methods listed in paragraph (b)(2)(ii) of this section.
* * * * *
(7) * * *
(i) If you acquire a bird from a rehabilitator, within 10 days of
the transaction you must report it using one of the methods listed in
paragraph (b)(2)(ii) of this section.
* * * * *
(9) * * *
(ii) * * * You must remove its falconry band (if it has one) and
report release of the bird by submitting the required information using
one of the methods listed in paragraph (b)(2)(ii) of this section.
(iii) * * * You must remove its falconry band and report release of
the bird by submitting the required information using one of the
methods listed in paragraph (b)(2)(ii) of this section.
* * * * *
(f) * * *
(6) * * * Within 10 days, you must report the transfer by
submitting the required information using one of the methods listed in
paragraph (b)(2)(ii) of this section.
* * * * *
Dated: June 15, 2015.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-16371 Filed 7-1-15; 8:45 am]
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