This is because each State and Tribe has different goals and objectives for wildlife management, and, therefore, allowances for flexibility when prioritizing allocation of authorized take must be granted. Once received, be sure to review your Permit. Exploitation. Calculating limits to the allowable human-caused mortality of cetaceans and pinnipeds. (3) How must States and Tribes dispose of or utilize cormorants taken under this permit? The Service expects the number of conflicts to increase, and we expect that demand for authorizations to take cormorants will continue to increase as a means to reduce those conflicts in the future. The special double-crested cormorant permits are subject to the conditions specified in the permit, the general conditions in 50 CFR part 13, and other requirements set forth elsewhere in this section, and, unless otherwise specifically authorized on the permit, the following conditions: (1) What are the limitations on management and take activities? documents in the last year, 68 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. We considered comments on the DEIS when developing this final rule, and a summary of the comments is included in the FEIS associated with this Start Printed Page 85554rulemaking action. P.O. As stated in the rule and NEPA analyses, States and Tribes would not be required to request a permit, and those entities within States or Tribes not seeking a new permit would continue to be able to apply for individual depredation permits (individual depredation permits would not authorize the take of cormorants to protect wild or stocked fish except when circumstances require the protection of federally listed species). Regarding the individual's comment about having to apply and pay for two separate permits at two separate regional offices due to having farms in bordering States, the Service emphasizes that multiregional depredation permits will remain available for these circumstances. 11th Avenue . These tools are designed to help you understand the official document 13563 reaffirms the principles of E.O. 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. 5. The Service will formally convene meetings with the Flyway Councils and other relevant stakeholders to develop a specific cormorant population monitoring plan. While we received no comments pertaining to information collection in response to the proposed rule, we also solicited comments regarding the DEIS titled “Management of Conflicts Associated with Double-crested Cormorants” (EIS number 20200116) that was published June 5, 2020. 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. (iv) A special double-crested cormorant permit issued or renewed under the regulations in this section expires on the date designated on the face of the permit unless it is amended or revoked, or at such time we determine that conflicts with cormorants within the bounds of the specific population of double-crested cormorants have been reduced to the point where lethal take is no longer necessary. The OFR/GPO partnership is committed to presenting accurate and reliable The National Oceanographic and Atmospheric Administration's National Marine Fisheries Service (NOAA Fisheries) had previously determined that a reduced cormorant population of 5,380 to 5,939 breeding pairs on East Sand Island in the Columbia River Estuary would restore juvenile steelhead survival to the environmental baseline levels (NOAA Fisheries 2014), and the Service authorized lethal take at levels that attempted to achieve that colony abundance. Both of these regulations were in place until May 2016 when they were vacated by Court order (see more information, below). The rule does not have a significant or unique effect on State, local, or Tribal governments or the private sector, and the permit is optional to States and Tribes. prohibits possession of any bird protected by treaties between the United States and Canada, Mexico, Japan, and Russia unless the possession is authorized under regulation and/or by permit. As we gain experience with this program, the Service could consider permits of longer duration, but additional NEPA analyses may be required for any additional rulemaking procedures or amendments. activity concerning nongame migratory birds must be issued with a current corresponding federal permit. The Service cannot obligate funds to implement a new special permit at this time, nor could the Service accurately project any necessary additional funding for each State or Tribe due to the flexibility provided to them. Supplementary Documents: The Environmental Protection Agency will announce the availability of the Final Environmental Impact Statement (FEIS) associated with this rulemaking action. This action will not create inconsistencies with other agencies' actions or otherwise interfere with an action taken or planned by another agency. 13. The U.S. Small Business Administration (SBA) commented in support of an aquaculture depredation order in combination with a new special permit for States and Tribes. A Tribal Commission commented in support of Alternative D, a general depredation order. Take activities to prevent depredation on aquatic Species of Greatest Conservation Need may occur only in natural or public waters. The current number of depredation permits allocated to this State appears to be helpful in reducing fingerling depredation and pond liner damage, but not adequate to prevent still significant losses to production and facilities. The planned 5-year assessment will address this issue. This permit does not allow for birds or their parts or nests/eggs to be sold, offered for sale, bartered, or shipped for the purpose of sale or barter. The annual report requires the permittee to include location of take (GPS coordinates in decimal degrees), purpose of take (aquaculture, health, threatened or endangered species, property, stocked fish), nonlethal methods implemented, month taken, quantity taken (birds killed, nests oiled/addled, and nests destroyed), and disposition of carcass (e.g., buried, incinerated, donated). They also suggested that the Service include Federal lands in this alternative in order to allow State and Tribal wildlife managers the necessary flexibility to manage cormorants effectively and efficiently for the resources that need protection. This may include donation to public museums or public scientific and educational institutions for exhibition, scientific, or educational purposes, or burial or incineration. 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. Avery, J.R. Sauer, M.C. Federal stamps are available at select US Post offices, by calling 1-800-STAMP24 (782-6724) or online at www.fws.gov. . In February we held four public scoping webinars and then two webinars only for Tribal members (February 19 and 27, 2020). USFWS. The Service will issue this permit only when it is expected to reduce conflicts involving depredation at State- and Tribal-owned or operated aquaculture facilities (including hatcheries), impacts to health and human safety, impacts to threatened and endangered species (as listed under the ESA or 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, damage to State- or Tribal-owned property and assets, and depredations of wild and publicly stocked fish managed by State fish and wildlife agencies or federally recognized Tribes and accessible to the public or all Tribal members. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State government or private entities. On June 5, 2020, the Service published a DEIS, and the comment period ended on July 20, 2020. Albuquerque, NM 87103 (505) 248-7882. At that time, the Service defined a public resource as a natural resource managed and conserved by public agencies, which included fish (i.e., wild fish and stocked fish at Federal, State, and Tribal hatcheries that are intended for release in public or Tribal waters), wildlife, plants, and their habitats. Lastly, an industry association commented in support of the vacated depredation order, and not the depredation orders analyzed in the DEIS. 2014. To apply for a new master banding permit, a completed bird banding permit application form must be submitted to the BBL Permits Office. documents in the last year, by the National Highway Traffic Safety Administration (b) We have determined and certify, in compliance with the requirements of the Unfunded Mandates Reform Act, 2 U.S.C. In response to increasing requests for depredation permits to alleviate damage and conflicts associated with cormorants, the Service issued a final environmental impact statement (FEIS) pursuant to NEPA and made changes to the regulations governing the take of cormorants in 2003. Any other species of bird taken incidentally to double-crested cormorant management activities under this permit, along with the numbers of birds taken of those species, also must be reported. Migratory Bird Permit Office Mailing Address. Richkus. 1501 et seq. 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. You may review the DEIS, FEIS, and the comments received at the Federal eRulemaking Portal: http://www.regulations.gov in Docket No. The MBTA protects migratory birds (listed in 50 CFR 10.13) from take, except as authorized under the MBTA. In accordance with the Unfunded Mandates Reform Act (2 U.S.C. As a standard condition for all permits under this rule, permit holders must use nontoxic shot when using shotguns or other firearms to take cormorants, except when using an air rifle or air pistol due to the limited availability of nontoxic bullets for them. With respect to the comments on the error in the pre-breeding multiplier, two errors were found in the formula. Depredation of fish at State- and Tribal-owned or operated aquaculture facilities, including hatcheries; 2. Permittees may also consult with USDA Wildlife Services for additional assistance to determine when nonlethal methods are insufficient. FWS-HQ-MB-2019-0103. Service or this new permit affects only State and Tribal fish and Wildlife Service Office 5. Executive order 12866, this rule in a comprehensive approach Court ruling, the U.S actual take all... 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