usfws migratory bird permit office

Further, any birds incidentally taken would be reported by States and Tribes, and the Service would use this data to better track accidental take of these species when take of cormorants occurs, and recommend appropriate actions such as additional training of personnel, or avoiding areas where there is a high concentration of non-target species in the area. 5. Pardieck, J.E. The individual or group must submit the Permit application to the USFWS, including the WS Form 37 and a Permit application fee. Arizona, New Mexico, Oklahoma, Texas. Further, by virtue of their positions, we expect that all such employees will operate in a humane, accountable, and lawful manner. Types of migratory bird permits. The MBTA protects migratory birds (listed in 50 CFR 10.13) from take, except as authorized under the MBTA. Another State agency stated that in order to ensure that monitoring efforts are conducted consistently, the Service should conduct population monitoring or must allocate funding to the States for monitoring. 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. Lethal take of adults during the breeding season must occur prior to hatching of eggs to avoid the loss of adults that likely would result in orphaning chicks and their ultimate death due to starvation. Rather, the goal of the Service is to reduce the number of conflicts with cormorants by combining lethal and nonlethal methods and allowing the lethal take of cormorants only when supported by information that such take would reduce conflicts. By authorizing conflict-management activities at the State or Tribal level, instead of at the Department of the Interior Regional level, management activities will be more responsive and timely than is currently the case. Division of Migratory Bird Management, Arlington, Virginia. Federal Register issue. Permit Conditions: Several commenters expressed concern that year-round lethal take will lead to high chick mortality through starvation, predation facilitated by human disturbance, a removal of parent(s), and/or exposure. This permit would provide State and Tribal fish and wildlife agencies flexibility within predefined guidelines to address conflicts caused by cormorants within their jurisdictions. States and Tribes applying for the first time must consult with the U.S. Department of Agriculture's Wildlife Services for an assessment of the appropriate level of take and provide recommendations of short-term measures to provide relief from depredation and long-term measures to help eliminate or significantly reduce conflicts. 2. One nongovernmental organization asserted that the Service's reporting plan is inadequate as it will produce a report providing analysis of population monitoring efforts only every 5 years, and instead recommends it be done annually. be the Corps in coordination with the USFWS. ), (b) passive deterrents (e.g., netting, exclusion devices, nest deterrents, etc. 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. States, Tribes, and other stakeholders can provide assistance and information. Given the controversial nature of this issue and the novel approach toward reducing conflicts, the Service concludes annual permits and annual reporting by permittees are appropriate at this time. Although the USDA WS program is not a regulatory program, we have a role in some regulatory processes. We received more than 1,400 comments in response to the ANPR and 1,047 in response to the proposed rule and DEIS. should verify the contents of the documents against a final, official Several States, organizations, and individuals commented on the need for more clarity and details from the Service with regard to the development of a cormorant population monitoring program, and how adaptive management will be incorporated. Take activities to prevent depredation on aquatic Species of Greatest Conservation Need may occur only in natural or public waters. The Service initiated development of the FEIS prior to the establishment of updated Council on Environmental Quality regulations on September 14, 2020, and, therefore, the FEIS is written to comply with the previous regulations. Another State agency requested clarification on how the Service will account for the illegal take of cormorants. The purpose of the monitoring protocols will be to provide scientifically defensible estimates and/or indices of double-crested cormorant population abundance, biologically allowable take, and observed take. daily Federal Register on FederalRegister.gov will remain an unofficial This action will not create inconsistencies with other agencies' actions or otherwise interfere with an action taken or planned by another agency. California, Hawaii, Idaho, Nevada, Oregon, Washington, Pacific Island Territories . The PTL is a biologically based model and evaluates allowable take of cormorants in the contiguous 48 States. (b) Who may receive a permit? ), 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. 16 U.S.C. With respect to the “no action alternative,” while individual permits do offer control on a site-specific case-by-case basis, they do not meet the purpose and need for action as cited in the DEIS. The system allows you to buy one or multiple permits at the same time for more than one hunter. Supplementary Documents: The Environmental Protection Agency will announce the availability of the Final Environmental Impact Statement (FEIS) associated with this rulemaking action. Private Property Owners: Several commenters also requested the Service include provisions that allow for the lethal take of cormorants on private property, particularly to protect fish that are stocked by the landowner for their personal use. The Service expects this special double-crested cormorant permit, which increases the flexibility of States and Tribes to address issues and also expands the scope of conflicts that can be addressed to wild and publicly managed fish, will result in increased efforts to reduce those conflicts, including lethal take of birds, nests, and eggs. FWS-HQ-MB-2019-0103. Recent case law determined that the MBTA did not apply to indirect harm or incidental take of migratory birds such as habitat loss [Mahler v. U.S. Forest Service 927 F. Supp. 01/08/2021, 307 However, a small government agency plan is not required. Commenters in support of a new aquaculture depredation order suggested that this alternative would reduce the administrative and regulatory burden on the Service and the aquaculture industry, and emphasized that individual take permit applications are a significant burden for small businesses. Federal Register provide legal notice to the public and judicial notice We will issue a record of decision no sooner than 30 days after the Environmental Protection Agency publishes notice of the FEIS in the Federal Register. This final rule brings all populations of double-crested cormorants under a common assessment framework to determine allowable levels of take. The Central Flyway Council indicated support for developing monitoring plans, and recommended that the four Flyways contribute recommendations on reasonable take allocations. However, because States and Tribes are not required to obtain this permit, this rule does not impose an unfunded mandate on State, local, or Tribal governments. Additional explanations can be found in the Required Determinations section of this rule. As a consequence, abundance of cormorants in some areas may be reduced, but regional and continental populations will be managed at sustainable levels, albeit at somewhat reduced abundances. To provide added clarity, the Service included as part of the application for a new permit that permittees must agree that, “(e) Anyone taking birds under this permit must be skilled in double-crested cormorant identification. The comment period for each continued for 45 days, ending on July 20, 2020. State and Tribal employees and approved subpermittees may conduct management activities, including lethal take, at any time of year. In such cases, WS biologists complete an evaluation form (WS Form 37) that describes the incident and documents our recommendations for management options. by the Federal Housing Finance Agency This rule is not a significant regulatory action under E.O. This repetition of headings to form internal navigation links Permits under this rule will provide the flexibility to State and Tribal fish and wildlife agencies to address conflicts related to the following issues: Wild and publicly stocked fish managed by State fish and wildlife agencies or federally recognized Tribes; Tribal- and State-owned or operated aquaculture facilities (including hatcheries); human health Start Printed Page 85553and safety; State- or Tribal-owned property and assets; and threatened and endangered species or those listed as Species of Greatest Conservation Need in State Wildlife Action Plans. and steelhead (O. mykiss) migrating to the Pacific Ocean. Nothing in the permit should be construed to authorize the take of cormorants, their eggs, or nests contrary to any State or Tribal law or regulation or on any Federal land without written authorization by the appropriate management authority. Each year, before hunting migratory game birds, including doves and waterfowl, hunters 16 years of age and older are required to obtain a Migratory Bird Permit. Taylor, J.D., II and B. Dorr. The authority for authorizing lethal take of depredating cormorants reverted to the issuance of individual depredation permits pursuant to 50 CFR 21.41. However, prior to applying for permits to take cormorants, individuals and entities experiencing conflicts with cormorants should attempt nonlethal techniques (e.g., hazing, habitat modification) to alleviate the conflict. SBA stated that an aquaculture depredation order would eliminate these burdensome and time-consuming application requirements. Some commenters stated that the Service failed to address the cumulative impacts of climate change and other cormorant take, and should therefore evaluate the cumulative impact of other cormorant take, such as the planned hunting seasons in Ontario, Canada. One State agency requested that the Service provide States seeking permits with a guide or Best Management Practices on nonlethal methods of resource protection. The Service regularly uses PTL models to determine sustainable levels of take and has concluded that if this level of take were to be authorized, it would be biologically sustainable based on knowledge of cormorant population dynamics. Subpermittees can be employees of State and Tribal fish and wildlife agencies, USDA Wildlife Services employees, and employees of other Federal, State, or Tribal agencies or private companies specializing in wildlife damage abatement and under direct control of the permittee. Estimated Completion Time per Response: Varies from 10 minutes to 16 hours, depending on activity. Agency Response to Depredation Order Comments: As explained in the DEIS, the Service would apply an annual maximum allowable take threshold across all the needs identified by stakeholders. This is the same type of model used to sustainably manage some migratory game bird species (band-tailed pigeons) and take levels for species such as black vultures. Exploitation. The scope of this permit applies to lands or in waters managed by State and Tribal fish and wildlife agencies and within those agencies' jurisdictions. 1536(a)(1)). (vii) With authorization from your issuing Migratory Bird Permit Office, you may hold a nonreleasable bird longer than 180 days for the purpose of fostering juveniles during their rehabilitation. Agency Response to Impact on Small Businesses Concerns: This collection associated with the new permit affects only State and Tribal governments, and does not impact small businesses. USACE. (5) How will the Service ensure that persons conducting control activities have the authority to do so? (v) Individuals conducting lethal take activities may not use decoys, calls, or other devices or bait to lure birds within gun range. However, levels of take for each population could differ based on their current abundances, population biology, and population-specific management objectives. This report will include, but not be limited to: (1) Updated cormorant population status and trends; (2) reported lethal take of Start Printed Page 85548cormorants nationally and by cormorant population; (3) updated PTL analyses based on new or more current population information; (4) the state of the conflicts described in the scope of the rule and an assessment of the need for continued management, as reported by requests for depredation permits (both individually and programmatically by participating States and Tribes); and (5) a conflict-management decision and justification for either continued management or a proposed new management approach, if appropriate and needed. Several commenters expressed concern over any requirement that permittees gather data to assess the efficacy of take. E.O. 8. E.O. 13563 reaffirms the principles of E.O. An official website of the United States government If illegal take is substantial, however, then this factor should also become an enforcement issue in the management of cormorants. For example, two State agencies recommended rewording “wild and publicly stocked fish stocked by State agencies or Tribes” to “wild and stocked fish managed by State agencies or Tribes.” Another separate State agency stated that a State agency may need to apply control of cormorants on public waters, which can occur in cases where a State does not own the land, and recommends the final rule language be revised from, “Lands under the jurisdiction of the State,” to “Lands and/or public waters under the jurisdiction of the State.” Similarly, another State agency sought clarification on the language used in the proposed rule, and referenced “state or tribal lands” and “respective jurisdiction.”. By establishing an annual sustainable take threshold, and ensuring systems are in place to keep take below that threshold, the Service will implement the robust tool needed to assess the effects of take on cormorant populations to address potential legal challenges. 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). 1531 et seq.) 3501 et seq.). That rule was located at 50 CFR 21.47. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. Aviculture, taxidermy, airport, damage or danger, eiderdown, scientific contact... Service or this new permit process could delay control and impede success Ornithological Council will not create inconsistencies with agencies. 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