U.S. Department of the Interior. The preferred alternative would establish a new, optional permit that would be available to State and Tribal fish and wildlife agencies in the 48 contiguous States to manage conflicts specifically associated with cormorants. documents in the last year, 72 However, in cases concerning depredation issues, animals that may not otherwise depredate a particular area may do so when decoyed into that area. This document has been published in the Federal Register. The 2003 FEIS considered direct, indirect, and cumulative effects of alternatives for cormorant management in the United States and discussed mitigating measures. Therefore, the Service included new language within the scope of the preferred alternative, which now states, “listed species identified in State- or Tribal-specific legislation as threatened or endangered) or those listed as Species of Greatest Conservation Need in State Wildlife Action Plans, where take activities to prevent depredation on aquatic Species of Greatest Conservation Need may occur only in natural or public waters.”. SBA also cautioned that the Service should not require documentation of revenue increases as part of any new aquaculture depredation order, as this would result in additional administrative costs associated with recordkeeping. Register (ACFR) issues a regulation granting it official legal status. We’ve made big changes to make the eCFR easier to use. This is a maximum allowable annual take level, not a prescribed level. better and aid in comparing the online edition to the print edition. The Service will make every effort to align coordination with the Flyway Councils around their meetings throughout the calendar year. The Service was not able to include data relating to any potential illegal take of cormorants in the PTL. The system allows you to buy one or multiple permits at the same time for more than one hunter. It is not an official legal edition of the Federal USGS Patuxent Wildlife Research Center, Laurel, Maryland. Available at: https://www.fisheries.noaa.gov/​resource/​document/​consultation-remand-operation-federal-columbia-river-power-system. The Service makes decisions given this uncertainty by using the data and modeling available and adapting through time as change occurs. documents in the last year, 1471 Any State or Tribal agency, when exercising the privileges of this permit, must keep records of all activities, including those of subpermittees, carried out under the authority of the special permit. Based on information received during the public comment period, the PTL model for the western subpopulation may not have captured complex and changing population dynamics precipitated by cormorant management in the Columbia River Estuary. Agency Response to Geographic and Temporal Scope Comments: The new permit would be available to all States and federally recognized Tribes in the contiguous 48 States. Raptor propagation permittees must r etain one copy of the completed form, mail one copy to your State permit office, and mail the original to the USFWS Migratory Bird Permit Office responsible for your State. Private property owners may apply for a depredation permit (50 CFR 21.41) to the Service to alleviate damage to some types of property (i.e., buildings and infrastructure, vehicles and equipment, and some types of vegetation). A number of State agencies recommended that the Service develop guidelines for determining when there is sufficient proof that nonlethal mechanisms are ineffective at resolving conflicts. States, Tribes, and other stakeholders can provide assistance and information. The Service added specific permit conditions for piping plover (Charadrius melodus), interior least tern (Sterna antillarum), and wood stork (Mycteria americana): (1) A buffer zone for wood storks for all activities; (2) a buffer zone for these three birds when discharging firearms; and (3) a buffer zone for these three birds for egg oiling, CO2 asphyxiation, egg destruction, or nest destruction. California, Hawaii, Idaho, Nevada, Oregon, Washington, Pacific Island Territories . Agency Response to General Comments Concerns: Individual permits would still be available to address some depredation activities. This commenter further states that there is no structure to ensure that take for resources will be balanced (prioritization) or that a diversity of stakeholder interests will be considered. Cormorant populations have increased over both the short term (2005-2015) and long term (1966-2015) (United States Geological Survey 2020). 601 et seq. Specific conditions include those pertaining to lethal take during the breeding season. These tools are designed to help you understand the official document On January 22, 2020 (85 FR 3601-3603), the Service published an advance notice of proposed rulemaking (ANPR) and announced our intent to prepare a NEPA document indicating that the Service intended to establish new regulations regarding the management of double-crested cormorants. Runge, and K.D. If take of those species is likely to occur, the permittee must obtain permits specifically authorizing that take (i.e., permits under the Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, or the Endangered Species Act of 1973, as amended). Species of Greatest Conservation Need (SGCN): Several State agencies also commented on the need to include conflicts related to SGCN as identified in State Wildlife Action Plans. Section 7 of the ESA (16 U.S.C. 01/08/2021, 40 1559 (S.D. Agency Response to Flyway Council and Adaptive Management Concerns: Regarding population monitoring and adaptive management, the Service will work with the four Flyway Councils and partnering Federal agencies to develop agreed-upon, standardized monitoring protocols. 1536(a)(1)). USACE. documents in the last year, 778 Permits may be issued under the Migratory Birds Regulations with conditions for the husbandry, release, scaring, capture, killing or disposal of migratory birds, or any other matter concerning the conservation of migratory birds. Therefore, this rule would not have sufficient federalism effects to warrant preparation of a federalism summary impact statement under E.O. Calculating limits to the allowable human-caused mortality of cetaceans and pinnipeds. The migratory bird species protected by the Act are listed in 50 CFR 10.13. (See below for more Form 37 information.). Each year, before hunting migratory game birds, including doves and waterfowl, hunters 16 years of age and older are required to obtain a … Further research might determine whether any impacts that may be seen at local scales can be extended to larger scales. Active nest take may occur by egg oiling or destruction of nest material and contents (including viable eggs and chicks). on FederalRegister.gov It protects over 1,000 species of migratory birds across the United States and makes it illegal to take, possess, import, export, transport, sell, purchase, barter or offer for sale, purchase or barter, any migratory bird (or part of one), or a migratory bird nest or egg, without a valid permit. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church, VA 22041-3803 (mail); or Info_Coll@fws.gov (email). Any State or Tribal employee or approved subpermittee authorized to carry out management and take activities must have a copy of the permit and, if appropriate, the subpermittee's designation in their possession when carrying out any activities. of the issuing agency. The new special cormorant permit would be optional and available to State and Tribal fish and wildlife agencies in the 48 contiguous States to manage conflicts specifically associated with cormorants. In all cases, the term of the permit may not exceed 1 year from the date of issuance or renewal. SBA recommended that the Service consider other sources of data, and methods of data collection other than reporting increased revenue data, to measure the success of conflict management programs. Only State and Tribal fish and wildlife agencies are eligible to receive a permit to undertake management and take activities. Permittees should continue working with Wildlife Services for review of conflict management approaches and anticipated level of take, and to remain current on effective strategies for nonlethal removal. Further, several State agencies expressed concern that a requirement for attempting nonlethal control before lethal control will delay effective management, and that such a requirement would be so complex that it will add unnecessary documentation and time before lethal controls may be used. documents in the last year, 25 daily Federal Register on FederalRegister.gov will remain an unofficial 703-712), as amended, which implements conventions with Great Britain (for Canada), Mexico, Japan, and Russia. (7) The name and telephone number of the individual in your agency who will oversee the double-crested cormorant management activities authorized under the permit. Commercial entities, such as privately managed aquaculture facilities, would continue to have the opportunity to apply for individual depredation permits to address site-specific conflicts. 2019. The Service encourages and expects continued use of nonlethal measures in conjunction with lethal measures where permittees find this approach most effective. SBA urged the Service to consult with industry directly to devise a cost-effective and more accurate method of data collection. 12630, this rule does not contain a provision for taking of private property, and would not have significant takings implications. Adult birds may not be taken at any nest with young in it unless the take of adults addresses a human health and safety issue. This information is not part of the official Federal Register document. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church, VA 22041-3803 (mail); or Info_Coll@fws.gov (email). (c) How does a State or Tribe apply for a permit? However, the total number of cormorants from each population that can be taken annually will be determined by the Service to ensure that cormorant populations are sustainable. Permittees need to include a description of long-term plans to eliminate or significantly reduce continued need to take double-crested cormorants as part of their application. See your browser's documentation for specific instructions. Individuals conducting lethal control may not use decoys, calls, or other devices or bait to lure birds within gun range. The physical stamp is mailed by the USFWS fulfillment vendor within 45 days. To evaluate the potential effects on the cormorant population from the implementation of the two depredation orders, a mitigating measure required by the 2003 FEIS was to review and renew, if warranted, the two depredation orders every 5 years. Jerome Ford, U.S. Similarly, the Service is rejecting the no action alternative because it could potentially have a negative effect on wild and publicly stocked fish, as it would not allow for take of cormorants found to be heavily depredating a fishery. The only people for me are the mad ones, the ones who are mad to live, mad to talk, mad to be saved, desirous of everything at the same time, the ones who never yawn or say a commonplace thing, but burn, burn, burn like fabulous yellow roman candles exploding like spiders across the stars and in the middle you see the blue center light pop and everybody goes “Awww!" This rule takes effect on February 12, 2021. Contact USDA WS for technical assistance, which includes a review of the site’s situation and suggestions for nonlethal methods to address the damage problem. Step 4. Information about this document as published in the Federal Register. However, we expect that the overall cost and regulatory burden to individuals, businesses, and State, Tribal, and Federal government agencies associated with this new permit will be lower than exists under current regulations. Southeast United States Regional Waterbird Plan. A proposed rule, soliciting comments on this collection of information for 30 days, was published on June 5, 2020 (85 FR 34578). the Federal Register. This level of authorized take would depend on: (1) Which States and Tribes seek a new special permit within the same subpopulation analyzed within the PTL; (2) an assessment by Service permit staff of the available level of take each year within the specific subpopulation where the State or Tribe is located; and (3) an assessment by Service permit staff of the historical information of authorized take of cormorants due to depredation in the past. States and Tribes must use nonlethal methods, and independently determine that those methods are insufficient to resolve conflicts before lethally taking double-crested cormorants. In such cases, WS biologists complete an evaluation form (WS Form 37) that describes the incident and documents our recommendations for management options. Impacts may involve competition for Start Printed Page 85551nest sites, competition for food, reducing available nesting space and nesting material for co-nesting species, habitat degradation, and nest abandonment resulting from habitat degradation. The Permit and application process involves the following steps: Step 1. (See below for more Form 37 information.). This was a typo in that the equation was used in its proper form to estimate a pre-breeding multiplier. 6. Double-crested cormorant impacts to commercial and natural resources. With respect to the comments on the error in the pre-breeding multiplier, two errors were found in the formula. This may include donation to public museums or public scientific and educational institutions for exhibition, scientific, or educational purposes, or burial or incineration. The conditions that dictate this outcome are often site-specific and variable throughout any given year. Federal Register provide legal notice to the public and judicial notice The revised language is intended to be less ambiguous and better solicit an answer that allows a Service permit staff employee/specialist to make a determination on efficacy. Additional explanations can be found in the Required Determinations section of this rule. The take activities conducted under the permit are intended to reduce or prevent conflicts associated with cormorants for the following concerns: (1) Depredation of fish at State- and Tribal-owned or operated aquaculture facilities, including hatcheries; (2) Realized and potential impacts to human health and safety (e.g., collisions of airplanes with birds, fecal contamination of urban wetlands); (3) Impacts to threatened and endangered species (species listed under the Endangered Species Act of 1973, as amended (16 U.S.C. Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, Wisconsin Journal of Wildlife Management 73:556-565. The depredation order for public resources was previously located at 50 CFR 21.48. That rule was located at 50 CFR 21.47. Several commenters requested clarity about who a State or Tribe may delegate authority to as a subpermittee under a new permit to conduct take of cormorants. We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. Until the ACFR grants it official status, the XML Specifically, commenters requested clarity on the scope of circumstances for when take would be authorized, the geographic and temporal scope, and whether the new special permit would apply to private property owners and Species of Greatest Conservation Need (SGCN) as identified in State Wildlife Action Plans. The Central Flyway Council stated that the final rule should include conflicts related to SGCN as identified in State Wildlife Action Plans in the scope of the new special permit. . The authority to take double-crested cormorants conferred by the permit is given to the State or Tribal fish and wildlife agency, and those agencies may designate permittees that the Service approves on the application for the permit. Users can find the permit applications they need through a search function and can get answers to frequently asked questions through easy-to-use “help center” content. Entities other than private landowners who want to reduce depredations of fish in their private ponds may be eligible to apply for permits other than the special cormorant permit. Birds may be euthanized by cervical dislocation, CO2 asphyxiation, or other methods recommended by the American Veterinary Medical Association. You -- the applicant -- submits the completed application to the appropriate USFWS regional office. The Service works on migratory bird conservation in partnership with four Flyway Councils (Atlantic, Mississippi, Central, and Pacific), which include representatives Start Printed Page 85536of State, provincial, and territorial agencies. 911 N.E. Sutherland, I. Newton, and R.E. The PTL is a biologically based model and evaluates allowable take of cormorants in the contiguous 48 States. For added clarity in response to these comments, the following is a condition that would be part of any permit issued by the Service under the preferred alternative in this FEIS: States and Tribes must use nonlethal methods, and independently determine that those methods are insufficient in controlling the depredation conflict, before lethally taking double-crested cormorants. 13771 (“Reducing Regulation and Controlling Regulatory Costs”) (82 FR 9339, February 3, 2017) regulatory action because it is not significant under E.O. A Rule by the Fish and Wildlife Service on 12/29/2020. Similarly, some commenters also submitted additional data considerations and analyses. The Service will execute a Record of Decision no sooner than 30 days from the date of publication of the notice of availability of the FEIS by the Environmental Protection Agency. The 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. More information and documentation can be found in our ), and species identified in State- or Tribal-specific legislation as threatened or endangered) or those listed as Species of Greatest Conservation Need in State Wildlife Action Plans, where take activities to prevent depredation on aquatic Species of Greatest Conservation Need may occur only in natural or public waters; (4) Damage to State- or Tribal-owned property and assets; and. You should use non-lethal methods prior to applying for a Permit and continue using non-lethal management in conjunction with the lethal methods allowed on the permit. Document page views are updated periodically throughout the day and are cumulative counts for this document. 1. FWS-HQ-MB-2019-0103. With regard to methods of nonlethal management methods expected, the new special permit application now includes language intended to be clear and concise. 01/08/2021, 148 Under the vacated aquaculture depredation order, aquaculture facilities were required to annually report lethal cormorant control activities. Double-crested cormorants killed and nests/eggs destroyed under the authority of this permit must be properly disposed of by donation to an entity authorized by permit or regulation to receive migratory birds, or be destroyed completely in accordance with Federal, State, and/or local laws and ordinances. 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