17374 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Parts 13 and 21 

[Docket No. FWS–R9–MB–2009–0045; 

FF09M21200–134–FXMB1232099BPP0] 

RIN 1018–AW75 

Migratory Bird Permits; Abatement 

Permit Regulations 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We propose permit 

regulations to govern the use of captivebred, trained raptors to control or take 

birds or other wildlife to mitigate 

damage or other problems, including 

risks to human health and safety. This 

action would allow us to respond to 

increasing public interest in the use of 

trained raptors to haze (scare) 

depredating and other problem birds 

from airports and agricultural crops 

while maintaining our statutory 

responsibility to protect migratory birds. 

DATES: There are two dates for 

submissions relevant to this proposed 

rule. Electronic comments on this 

proposed rule via http://

www.regulations.gov must be submitted 

by 11:59 p.m. Eastern time on June 30, 

2015. Comments submitted by mail 

must be postmarked no later than June 

30, 2015. Comments on the information 

collection must be submitted by May 1, 

2015. 

ADDRESSES: We are soliciting comments 

on two separate actions with different 

addresses: (1) A proposed rule, and (2) 

information collection. You may submit 

comments for the proposed regulation 

by either one of the following two 

methods: 

• Federal eRulemaking portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on Docket No. FWS–R9–MB–2009– 

0045. 

• U.S. mail or hand delivery: Public 

Comments Processing, Attention: FWS– 

R9–MB–2009–0045; Division of Policy 

and Performance Management; U.S. 

Fish and Wildlife Service; 5275 

Leesburg Pike, MS MB; Falls Church, 

VA 22041–3830. 

We will not accept email or faxes. We 

will post all comments on http://

www.regulations.gov. This generally 

means that we will post any personal 

information that you provide. See the 

Public Comments section below for 

more information. 

Submit comments on the information 

collection requirements to the Desk 

Officer for the Department of the 

Interior at Office of Management and 

Budget (OMB–OIRA) at (202) 395–5806 

(fax) or OIRA_Submission@omb.eop.gov 

(email). Please provide a copy of your 

comments to the Service Information 

Collection Clearance Officer, U.S. Fish 

and Wildlife Service, 5275 Leesburg 

Pike, MS PPM, Falls Church, VA 22041– 

3830 (mail), or Hope_Grey@fws.gov 

(email). 

FOR FURTHER INFORMATION CONTACT: 

George Allen at 703–358–1825. 

SUPPLEMENTARY INFORMATION: 

Background 

The U.S. Fish and Wildlife Service 

(FWS or Service) is the Federal agency 

delegated the primary responsibility for 

managing migratory birds. This 

delegation is authorized by the 

Migratory Bird Treaty Act (MBTA, 16 

U.S.C. 703 et seq.), which implements 

conventions with Great Britain (for 

Canada), Mexico, Japan, and the Soviet 

Union (Russia). We implement the 

provisions of the MBTA through 

regulations in parts 10, 13, 20, 21, and 

22 of title 50 of the Code of Federal 

Regulations (CFR). Regulations 

pertaining to migratory bird permits are 

at 50 CFR part 21; subpart C of part 21 

contains regulations for specific permit 

provisions. 

In response to public interest in the 

use of trained raptors to haze 

depredating and other problem birds 

from airports and agricultural crops, we 

drafted a policy in 2007 to establish a 

migratory bird abatement permit. On 

January 12 of that year, we published a 

Federal Register notice containing draft 

permit conditions for abatement permits 

for public comment (72 FR 1556–1557). 

On December 10, 2007, we published a 

Federal Register notice (72 FR 69705– 

69706) announcing final permit 

conditions, accompanied by Migratory 

Bird Permit Memorandum Number 5, 

Abatement Activities Using Raptors, 

issued August 22, 2007, available at 

http://www.fws.gov/migratorybirds/

mbpermits/Memorandums/

AbatementActivitiesUsingRaptors.pdf. 

The 2007 policy Memorandum and 

conditions have governed 

administration of Federal Migratory 

Bird Special Purpose Abatement (SPA) 

permits (Federal abatement permits) 

through the present time. The 

provisions for abatement in the 

Memorandum have worked well, but we 

have seen increased use of the Special 

Purpose permits, and the States have 

inquired about abatement activities that 

are not addressed in the Memorandum. 

Therefore, on July 6, 2011, we 

announced through an advance notice 

of proposed rulemaking (ANPR) that 

published in the Federal Register that 

we were considering developing 

regulations to govern the use of raptors 

in abatement (76 FR 39368). 

Most of the comments we received on 

the ANPR supported development of 

regulations for abatement. This 

proposed rule largely incorporates the 

conditions and procedures that 

governed abatement permits under the 

2007 Memorandum and language 

developed in response to the public 

comments. The permit that would be 

established under the proposed 

regulations would provide the public 

with a nonlethal management tool to 

mitigate problems caused by birds and 

other wildlife. 

Proposed Permit Provisions 

An abatement permit would authorize 

the use of trained, captive-bred raptors 

protected under the MBTA to abate 

problems caused by migratory birds or 

other wildlife. A permittee would have 

to be a Master falconer in good standing 

under the Federal falconry regulations 

(50 CFR 21.29). A Master falconer or a 

General falconer with 3 or more years of 

experience at the General falconer level 

would be allowed to conduct abatement 

activities as a subpermittee. We would 

issue abatement permits only to U.S. 

resident Master falconers. 

We would not limit the number of 

raptors an abatement permit holder may 

possess under a Federal abatement 

permit if the raptors are used in 

abatement and are maintained under 

humane and healthful conditions as 

required in 50 CFR 13.41, and if the 

permittee’s facilities and equipment 

meet the standards in 50 CFR 21.29. We 

would require each captive-bred MBTA 

raptor held or used under an abatement 

permit to be banded with a seamless 

metal band issued by the Service, unless 

exempted because of problems caused 

by the band. State wildlife agencies may 

have additional requirements for 

maintaining raptors. 

The abatement permit holder would 

not be authorized to use birds he or she 

possesses under other types of permits 

for abatement activities, except that 

falconry birds could be used for 

abatement if no compensation is 

received for the service. The proposed 

regulations also would not allow a 

raptor held under a Federal abatement 

permit to be used for falconry. 

A Federal abatement permit, by itself, 

would not authorize the killing, 

injuring, or other take of migratory birds 

or other wildlife. Any take of protected 

migratory birds by an abatement permit 

holder must be authorized by hunting 

regulations, a Federal depredation 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 17375 

order, or a depredation permit issued to 

the landowner. Harassment, 

disturbance, or other take of bald eagles 

(Haliaeetus leucocephalus), golden 

eagles (Aquila chrysaetos), or 

endangered or threatened species by an 

abatement permit holder would have to 

be authorized by the appropriate 

Federal permit. Abatement activities 

also would have to be conducted in 

accordance with any other applicable 

Federal, State, tribal, or municipal laws. 

Raptors that could be used for 

abatement under these proposed 

regulations include all native raptor 

species listed in 50 CFR 10.13 except 

bald eagles and golden eagles. Included 

are falconiformes (forest-falcons, 

caracaras, and falcons); accipitriformes 

(vultures, osprey, kites, hawks, and 

eagles [except bald eagles and golden 

eagles]); and strigiformes (owls). 

Possession and use for abatement of 

exotic raptor species that are not on the 

list of MBTA-protected species at 50 

CFR 10.13 is not regulated under the 

MBTA and is outside the scope of the 

proposed regulations. However, hybrid 

raptors of MBTA-protected species are 

subject to this proposed regulation. 

An applicant for a Federal abatement 

permit would have to complete and 

submit Service application form 3–200– 

79 (http://www.fws.gov/forms/3-200- 

79.pdf) to his or her Regional Migratory 

Bird Permit Office. 

Permit Application Processing Fee 

We propose to charge a fee sufficient 

to offset the estimated costs associated 

with processing the application and 

annual reports and our periodic review 

of these permits. Revised Office of 

Management and Budget (OMB) circular 

A–25 directs Executive Branch agencies 

to recover costs, stating that, ‘‘When a 

service (or privilege) provides special 

benefits to an identifiable recipient 

beyond those that accrue to the general 

public, a charge will be imposed (to 

recover the full cost to the Federal 

Government for providing the special 

benefit, or the market price).’’ Further, 

Circular A–25 directs that, ‘‘Except as 

provided in Section 6c, user charges 

will be sufficient to recover the full cost 

to the Federal Government (as defined 

in Section 6d) of providing the service, 

resource, or good when the Government 

is acting in its capacity as sovereign.’’ 

Thus, the directive to the Service is to 

recover the costs for working with 

applicants to issue permits and to 

summarize reporting. We estimate that 

processing an abatement permit 

application will take up to 2 hours of a 

permit examiner’s time (or about $101, 

on average) and 1⁄4 hour of a permit 

supervisor’s time (or about $18, on 

average) at current hourly rates. Our 

proposed processing fee of $150 should 

recover our costs for most permits for 

the next several years. 

Issues From the ANPR 

We considered the comments on the 

advance notice of proposed rulemaking, 

and have drafted proposed regulations 

accordingly. 

Issue. Subpermittees should be 

allowed to conduct abatement activities 

outside the direct supervision of the 

SPA permit holder. 

Response. The proposed regulations 

would allow subpermittees (Master 

falconers and General falconers with 3 

or more years of experience at the 

General falconer level) to conduct 

abatement. Direct supervision by the 

permittee would not be required. 

Issue. ‘‘Limiting the species that 

should be authorized may encumber 

abatement activity. NAFA [North 

American Falconers Association] finds 

that often the species of bird used will 

depend on the species to be abated and 

the circumstances (i.e., gulls soaring 

over an airport may be best abated by 

using a falcon, where gulls roosting in 

an area may best be abated using a 

goshawk). . . Rabbits may be destroying 

crops and two of the best raptors for the 

abatement of rabbits are the red tailed 

hawk and Harris’ hawk. Similarly, 

restricting the use of golden eagles may 

be short sighted. Canada geese present 

huge problems for abatement and the 

most effective species for use in 

abatement of the Canada goose may well 

be the golden eagle. The appropriate 

species of raptor to be used to conduct 

abatement should be the permittee’s 

decision.’’ 

Response. In this proposed regulation, 

most MBTA-listed raptor species could 

be used in abatement. However, the 

Bald and Golden Eagle Protection Act 

(16 U.S.C. 668–668d) does not allow the 

use of bald eagles for falconry or 

abatement, and does not allow the use 

of golden eagles in abatement. 

Issue. The use of all falconry birds, 

including wild-caught birds, for 

abatement should be allowed. Falconry 

birds are trained in the same manner as 

abatement birds. There appears to be no 

substantial justification not to allow use 

of wild-caught falconry raptors in 

abatement operations. 

Response. We believe that using wildcaught raptors in commercial activities 

could conflict with the intent of 

Congress to protect wild populations of 

birds from commercial exploitation. 

Issue. Any person authorized by the 

primary permittee should be allowed to 

care for the birds, such as feeding, 

watering, and weathering, similar to the 

provisions found in 50 CFR 21.29(d)(7). 

Response. This proposed regulation 

allows this care of abatement raptors. 

Issue. Only Master falconers should 

be permitted for abatement; Master and 

general falconers should be allowed as 

subpermittees for both flying and 

caretaking of raptors. 

Response. This proposed regulation 

would allow other Master falconers and 

General falconers with 3 or more years 

of experience at the General falconer 

level to be subpermittees. 

Issue. The same housing and facilities 

standards under the Federal falconry 

regulations at 50 CFR 21.29 should be 

applied to abatement permits, including 

the defined temporary housing 

husbandry standards. Permit holders’ 

facilities should be inspected and 

approved for use prior to issuance of the 

abatement permit as defined under the 

Federal falconry regulations. 

Response. This proposed regulation 

would require facilities and care as 

specified in the falconry regulations. 

Issue. We believe the proposed 

permitting process can be streamlined, 

more effectively described, and justified 

relative to the existing Federal and State 

falconry permitting system. A simplified 

process would be to permit abatement 

activities for State-permitted falconers 

within the framework of existing 

regulation rather than to establish standalone regulations under abatement 

permits. Such integration would reduce 

confusion and administrative 

complexity to the states. 

Response. Though we appreciate the 

concern about simplification of 

regulations, we do not believe it would 

be appropriate to regulate falconry and 

abatement under one set of regulations. 

Falconry is a recreational and sporting 

activity. Abatement requires the use of 

falconry techniques in caring for and 

training abatement raptors, but it is 

usually a commercial activity that often 

requires the possession and 

management of many more birds than 

falconry requires. In addition, though 

we expect all falconry permitting to be 

handled by the States after January 1, 

2014, we do not expect abatement 

permitting to be done by all States. 

Issue. Several commenters wanted the 

Service to allow the use of falconry 

birds in abatement: ‘‘The Service should 

allow the use of subpermittees’ birds for 

abatement and for falconry. Hawks are 

best kept in shape and healthy by 

pursuing game when not actively doing 

abatement jobs. Raptors held under 

abatement permits should be able to 

conduct both activities to keep them 

fit.’’ 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

17376 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 

Issue. ‘‘Subpermittees should only be 

allowed to use their own birds if they 

are master falconers. Allowing falconers 

to use their own birds would confound 

the requirement that abatement permit 

holders be master falconers. Master 

falconers have a higher level of 

experience and, thus, are more suited to 

accomplish abatement activities.’’ 

Issue. ‘‘A subpermittee should be 

allowed to use captive-bred birds held 

on his or her falconry permit for 

abatement activities.’’ 

Response. We do not propose to allow 

birds held on abatement permits to be 

used for falconry. Further, while 

allowing abatement permittees and 

subpermittees to use falconry birds in 

abatement might have some value, we 

are concerned about potential 

enforcement difficulties for State and 

Federal law enforcement officers and 

about potential exploitation of the 

liberal possession limits for Master 

falconers under the falconry regulations. 

Under the proposed regulations, we 

would not allow the use of falconry 

birds in abatement. 

Issue. Falconers with abatement 

permits, and perhaps subpermittees, 

too, should be allowed to use their 

falconry birds for abatement. 

Response. For the reasons provided in 

the response above, and because of 

concerns about the use of wild-caught 

falconry birds for commercial purposes, 

these proposed regulations would not 

allow the use of falconry birds in 

abatement unless the permittee receives 

no compensation for the abatement 

services. 

Issue. The Memorandum’s stipulation 

that hybrids be fitted with a minimum 

of two radio transmitters so that the 

birds may be tracked and recovered in 

the event they are lost is consistent with 

the federal falconry regulations. 

However, the notice does not include a 

like stipulation. 

Response. This proposed regulation 

would require that hybrids be fitted 

with a minimum of two radio 

transmitters. 

Issue. Species limits should follow 

State and Federal falconry regulations. If 

additional limits are imposed, then a 

resulting compliance issue will add a 

further level of complexity to State 

falconry management. Alternatively, 

raptors used in abatement activities 

could be banded with an FWS band as 

is required for a select number of 

species under the federal falconry 

regulations. 

Response. Conducting abatement 

might require many birds in order to 

address depredation issues. For 

example, conducting abatement at a 

large airport might require that a 

number of falcons be available to keep 

rested abatement birds in the air. A 

concurrent job might require the use of 

a number of buteos. Therefore, we do 

not propose to limit the number of 

raptors an abatement permittee may 

possess. 

Only captive-bred raptors would be 

allowed in abatement, and each would 

have to be banded with a seamless FWS 

band. We do not believe that additional 

banding is needed. The raptors could be 

purchased from, or sold or transferred 

to, authorized permittees. 

Issue. The abatement permit holder 

should be required to complete an 

annual report of all abatement activities, 

not limited to only those instances 

where take is involved as required in 

the Memorandum. Annual reports 

should include: Location, date, 

landowner/business owner information, 

raptors used, subpermittees, and other 

appropriate information for each 

abatement activity that is conducted 

within and outside the permit holder’s 

state of residence. 

Response. An annual report that 

requires this information is included in 

the proposed regulations. 

Issue. ‘‘I would like to see insurance 

become a part of the application 

process.’’ 

Response. Our authority allows us to 

require accurate recordkeeping of 

abatement activities and acquisition and 

disposition of raptors held under the 

permit. We do not believe we may put 

requirements for insurance or other 

aspects of the business operations for 

abatement activities into our migratory 

bird regulations. 

Issue. Contracts between permittees 

and subpermittees should be left 

unregulated. These contracts are beyond 

the scope of the MBTA. The birds are 

personal property and not of wild origin 

and beyond the scope of the FWS 

protecting migratory raptors. 

Response. We do not propose to be 

involved in the contracts between 

permittees and subpermittees. However, 

we disagree that captive-bred raptors are 

‘‘beyond the scope of the FWS 

protecting migratory raptors.’’ Neither 

the statute nor the regulations excludes 

protections on the basis of whether the 

bird was taken from the wild or is 

captive-bred. In fact, the definition of 

migratory bird in 50 CFR 10.12 ‘‘means 

any bird, whatever its origin and 

whether or not raised in captivity, 

which belongs to a species listed in 

§ 10.13 . . .’’ 

Public Comments 

You may submit your comments and 

supporting materials by one of the 

methods listed in ADDRESSES. We will 

not consider comments sent by email or 

fax, or written comments sent to an 

address other than the one listed in 

ADDRESSES. Comments and materials we 

receive, as well as supporting 

documentation we used in preparing 

this proposed rule, are available for 

public inspection at http://

www.regulations.gov. We will post your 

entire comment—including your 

personal identifying information—on 

http://www.regulations.gov. You may 

request at the top of your document that 

we withhold personal information such 

as your street address, phone number, or 

email address from public review; 

however, we cannot guarantee that we 

will be able to do so. 

Required Determinations 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs (OIRA) will review all significant 

rules. OIRA has determined that this 

rule is not significant. 

Executive Order 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 

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 businesses, 

small organizations, and small 

government jurisdictions. However, no 

regulatory flexibility analysis is required 

if the head of an agency certifies the rule 

would not have a significant economic 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 17377 

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 

would not have a significant economic 

impact on a substantial number of small 

entities. We have examined this 

proposed rule’s potential effects on 

small entities as required by the 

Regulatory Flexibility Act and 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities 

because there are fewer than 100 

abatement permittees in the United 

States. Consequently, we certify that 

because this proposed rule would not 

have a significant economic effect on a 

substantial number of small entities, a 

regulatory flexibility analysis is not 

required. 

This proposed rule is not a major rule 

under SBREFA (5 U.S.C. 804(2)). It 

would not have a significant impact on 

any small entities. 

a. This proposed rule would not have 

an annual effect on the economy of $100 

million or more. 

b. This proposed rule would not cause 

a major increase in costs or prices for 

consumers; individual industries; 

Federal, State, or local government 

agencies; or geographic regions. 

c. This proposed rule would 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 proposed rule would not 

‘‘significantly or uniquely’’ affect small 

governments. A small government 

agency plan is not required. The 

proposed regulations changes would not 

affect small government activities in any 

significant way. 

b. This proposed rule would 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 would not have significant takings 

implications. This proposed rule 

contains no provision that could 

constitute taking of private property. 

Therefore, a takings implication 

assessment is not required. 

Federalism 

This proposed rule would not have 

sufficient Federalism effects to warrant 

preparation of a Federalism assessment 

under E.O. 13132. It would not interfere 

with the States’ abilities to manage 

themselves or their funds. No significant 

economic impacts are expected to result 

from the regulations change. 

Civil Justice Reform 

In accordance with E.O. 12988, the 

Office of the Solicitor has determined 

that the rule would not unduly burden 

the judicial system and meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. 

Paperwork Reduction Act 

This proposed rule contains a new 

information collection for which Office 

of Management and Budget approval is 

required under the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.). 

We may not conduct or sponsor and you 

are not required to respond to a 

collection of information unless it 

displays a currently valid OMB control 

number. OMB has reviewed and 

approved the collections of information 

for (1) applications for abatement and 

depredation permits, (2) annual 

reporting for depredation permits, and 

(3) reporting of acquisition and 

disposition of migratory birds. These 

information collections are covered by 

existing OMB Control No. 1018–0022, 

which will expire on February 28, 2017. 

OMB has also approved the 

recordkeeping and reporting associated 

with depredation orders and assigned 

OMB Control Numbers 1018–0022. 

We are asking OMB to approve the 

following new information collection 

requirements associated with this 

proposed rule: 

• Each Abatement permittee must 

provide each of his or her subpermittees 

with a legible copy of his or her 

abatement permit and an original signed 

and dated letter designating the person 

as a subpermittee for part or all of the 

authorized activities (§ 21.32(e)(2)(ii)). 

• Each subpermittee must report take 

under a depredation order to the permit 

holder (§ 21.32(e)(2)(iii)(A)). 

• Each permittees must maintain 

complete and accurate records of the 

activities conducted under the 

abatement permit, including, but not 

limited to: (1) The name and address of 

the property owner; (2) the location, 

date(s), and crop or property protected 

for each abatement job that permit 

holders and each of their subpermittees 

conduct; (3) the date, species, and 

location of any unintentional take that 

occurs; (4) the name, address, and 

falconry permit number of each 

subpermittee, and any subpermittee 

designation letters; (5) the raptors used 

for each job; (6) FWS form 3–186A for 

each acquisition and disposal of birds; 

and (7) documentation for acquisition 

and disposal of feathers. You must 

retain these records for 5 years 

following the end of the last calendar 

year covered by the records 

(§ 21.32(e)(8)(ii) and (iii) and 

§ 21.32(e)(11)). 

• Each permittee must submit an 

annual report to his or her migratory 

bird permit issuing office. The report 

must include the information required 

in Service form 3–202–22–2133 

(§ 21.32(e)(11) and (12)). 

Title: Abatement Permit Reporting 

and Recordkeeping, 50 CFR 21.32. 

OMB Control Number: 1018–0022. 

Service Form Number: 3–202–22– 

2133. 

Description of Respondents: Master 

falconers conducting paid abatement or 

having subpermittees conduct paid 

abatement. 

Respondent’s Obligation: Required to 

obtain or retain a benefit. 

Frequency of Collection: On occasion. 

Activity Number of 

respondents 

Number of 

responses 

Completion time per 

response 

Total annual 

burden hours 

Designation Letter (§ 21.32(e)(2)(ii)) ....................................................... 100 200 10 minutes ...................... 331⁄3

Subpermittees Report of Take (§ 21.32(e)(2)(iii)(A)) .............................. 200 200 1 hour ............................. 200

Recordkeeping (§ 21.32(e)(8)(ii) and (iii) and § 21.32(e)(11)) ................ 100 100 5 hours ........................... 500 

Annual Reports (§ 21.32(e)(11) and (12)) .............................................. 100 100 1 hours ........................... 100 

Totals ............................................................................................... 100 200 7 hours ........................... ∼833 

As part of our continuing effort to 

reduce paperwork and respondent 

burdens, we invite the public and other 

Federal agencies to comment on any 

aspect of the reporting burden, 

including: 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

17378 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 

• Whether or not the collection of 

information is necessary, including 

whether or not the information will 

have practical utility; 

• The accuracy of our estimate of the 

burden for this collection of 

information; 

• Ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and 

• Ways to minimize the burden of the 

collection of information on 

respondents. 

Send your comments and suggestions 

on this information collection to the 

Desk Officer for the Department of the 

Interior at OMB–OIRA at (202) 395– 

5806 (fax) or OIRA_Submission@omb.

eop.gov (email). Please provide a copy 

of your comments to the Service 

Information Collection Clearance 

Officer, U.S. Fish and Wildlife Service, 

MS PPM, 5275 Leesburg Pike, Falls 

Church, VA 22041–3830 (mail), or Hope

_Grey@fws.gov (email). 

National Environmental Policy Act 

We have analyzed this proposed rule 

in accordance with the National 

Environmental Policy Act (NEPA), 42 

U.S.C. 432–437(f). Using captive-bred 

raptors in abatement would mean 

harassing wildlife to solve depredation 

or other wildlife problems. Because no 

raptors could be taken from the wild for 

this activity and take of migratory birds 

would not be authorized, this proposed 

regulation would have negligible 

environmental effects. 

Categorical exclusion Part 516 

8.5(C)(1) in the Department of the 

Interior Manual is the following. 

The issuance, denial, suspension, and 

revocation of permits for activities involving 

fish, wildlife, or plants regulated under 50 

CFR Chapter 1, Subsection B, when such 

permits cause no or negligible environmental 

disturbance. These permits involve 

endangered and threatened species, species 

listed under the Convention on International 

Trade in Endangered Species of Wild Fauna 

and Flora (CITES), marine mammals, exotic 

birds, migratory birds, eagles, and injurious 

wildlife. 

Further, none of the extraordinary 

circumstances in 43 CFR 46.215 apply 

to the proposed regulation. Therefore, 

the proposed regulation is categorically 

excluded from further NEPA evaluation. 

Endangered and Threatened Species 

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 use other 

programs in furtherance of the purposes 

of the ESA (16 U.S.C. 1536(a)(1)). It also 

states that the Federal agency 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 

proposed rule would not affect 

endangered or threatened species or 

critical habitats. Abatement activities 

would not be allowed in circumstances 

where harassment or take of endangered 

or threatened species could occur. Take 

of endangered or threatened species 

would require an ESA permit. 

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), E.O. 

13175, and 512 DM 2, we have 

evaluated potential effects on federally 

recognized Indian tribes. We have 

determined that this proposed rule 

would not interfere with tribes’ abilities 

to manage themselves, their funds, or 

tribal lands. 

Energy Supply, Distribution, or Use 

(Executive Order 13211) 

E.O. 13211 addresses regulations that 

significantly affect energy supply, 

distribution, and 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. 

13211, and no Statement of Energy 

Effects is required. 

Clarity of This Regulation 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: (1) Be logically organized; 

(2) use the active voice to address 

readers directly; (3) use clear language 

rather than jargon; (4) be divided into 

short sections and sentences; and (5) use 

lists and tables wherever possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in ADDRESSES. To 

better help us revise the rule, your 

comments should be as specific as 

possible. For example, you should tell 

us the numbers of the sections or 

paragraphs that are unclearly written, 

which sections or sentences are too 

long, the sections where you feel lists or 

tables would be useful, etc. 

List of Subjects 

50 CFR Part 13 

Administrative practice and 

procedure, Exports, Fish, Imports, 

Plants, Reporting and recordkeeping 

requirements, Transportation, Wildlife. 

50 CFR Part 21 

Birds, Exports, Imports, Migratory 

Birds, Reporting and recordkeeping 

requirements, Transportation, Wildlife. 

Proposed Regulation Promulgation 

For the reasons described in the 

preamble, we propose to amend 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as set forth 

below. 

PART 13—GENERAL PERMIT 

PROCEDURES 

■ 1. The authority citation for part 13 

continues to read as follows: 

Authority: 16 U.S.C. 668a, 704, 712, 742j– 

l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 

4901–4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 

U.S.C. 9701. 

■ 2. Amend the table in § 13.11(d)(4) by 

adding an entry for ‘‘Migratory Bird 

Abatement’’ immediately following the 

entry for ‘‘Migratory Bird 

Rehabilitation’’ to read as follows. 

§ 13.11 Application procedures. 

* * * * * 

(d) * * * 

(4) User fees. * * * 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 17379 

Type of permit CFR citation Fee Amendment 

fee 

Migratory Bird Treaty Act 

*******

Migratory Bird Abatement .......................................................................... 50 CFR 21 ....................................... 150 50 

*******

PART 21—MIGRATORY BIRD PERMITS 

■ 3. The authority citation for part 21 

continues to read as follows: 

Authority: 16 U.S.C. 703–712. 

■ 4. Amend § 21.3 by adding a 

definition for ‘‘Abatement’’ in 

alphabetical order to read as follows: 

§ 21.3 Definitions. 

* * * * * 

Abatement as used in § 21.32 means 

the use of a trained raptor to scare, 

flush, or haze wildlife to manage 

depredation or other damage, including 

threats to human health and safety, 

caused by the wildlife. 

* * * * * 

■ 5. Amend § 21.29 by revising 

paragraph (f)(11)(ii) and adding 

paragraph (f)(11)(iii) to read as follows: 

§ 21.29 Falconry standards and falconry 

permitting. 

* * * * * 

(f) * * * 

(11) * * * 

(ii) You may receive payment for 

providing abatement services if you 

have an abatement permit (see § 21.32 of 

this subpart). 

(iii) You may conduct abatement 

without an abatement permit if you are 

not compensated for doing so. 

* * * * * 

■ 6. Add § 21.32 to read as follows: 

§ 21.32 Abatement permit. 

(a) Authorization and scope. (1) An 

abatement permit authorizes possession 

and use of captive-bred raptors 

protected by the Migratory Bird Treaty 

Act to flush or haze (scare) birds or 

other wildlife to mitigate depredation or 

other damage, including threats to 

human health and safety. 

(2) An abatement permit does not 

authorize the take (such as capturing, 

killing, injuring, or collecting) of 

wildlife. Any take of federally protected 

wildlife must be authorized by a 

separate permit or regulation. 

(3) An abatement permit authorizes 

the purchase, sale, or barter of captivebred raptors with seamless bands for 

abatement purposes. 

(4) An abatement permittee may 

charge for his or her services. 

(5) A permitted falconer may conduct 

abatement without an abatement permit 

if he or she is not compensated for 

doing so. 

(b) Qualification requirement. You 

must possess a valid U.S. Master 

falconer permit in accordance with 

§ 21.29 to qualify for an abatement 

permit. 

(c) Application procedures. You must 

apply to the appropriate Regional 

Migratory Bird Permit Office. You can 

find the addresses for the Regional 

Offices in § 2.2 of subchapter A of this 

chapter. Your application package must 

include a completed application (FWS 

form 3–200–79) and a copy of your 

Master falconer permit. You must apply 

as an individual, but you may include 

the name of the company under which 

you are doing business. 

(d) Issuance criteria. Upon receiving a 

complete application, the Permit Office 

will decide whether to issue you a 

permit based on the general criteria of 

§ 13.21 of this chapter and whether you 

hold a valid U.S. Master falconer 

permit. 

(e) Permit conditions. In addition to 

the general permit conditions set forth 

in part 13 of this chapter, abatement 

permittees are subject to the following 

conditions: 

(1) An abatement permit is valid only 

if your Master falconer permit is valid. 

(2) Subpermittees. We allow certain 

activities to be carried out by 

subpermittees as follows: 

(i) Except as provided in paragraph 

(e)(2)(v) of this section, only a Master 

falconer or a General falconer with 3 or 

more years of experience at the General 

falconer level may be a subpermittee 

under your abatement permit and 

conduct abatement activities on your 

behalf. You are responsible for all 

activities conducted under your 

abatement permit. 

(ii) You must provide each 

subpermittee with a legible copy of your 

permit and an original signed and dated 

letter designating the person as a 

subpermittee for part or all of the 

authorized activities. 

(iii) Each subpermittee must carry and 

display a copy of your abatement 

permit, the designation letter, and a 

copy of their valid falconry permit when 

conducting abatement activities under 

your permit. 

(iv) You are responsible for 

maintaining current records of who you 

have designated as a subpermittee, 

including copies of the designation 

letters you have provided. 

(v) If your State allows it, you may 

designate an individual who is not a 

falconer to provide care for raptors held 

under your abatement permit. 

(3) Taking protected wildlife. Any 

take of federally protected wildlife by an 

abatement permit holder must be 

authorized by: 

(i) Hunting regulations in effect at the 

time that the take occurs; 

(ii) A Federal depredation order; or 

(iii) A Federal depredation permit or 

other Federal permit that identifies you 

as a subpermittee. 

(A) You must report take under a 

depredation order as required by the 

order. You must report all take as a 

subpermittee on a depredation permit to 

the permit holder. 

(B) You may not flush, haze, harm, 

harass, disturb, kill or injure endangered 

or threatened species, bald eagles 

(Haliaeetus leucocephalus), or golden 

eagles (Aquila chrysaetos) unless the 

activity is specifically authorized by an 

Endangered Species Act permit or Bald 

and Golden Eagle Protection Act permit. 

(C) You must immediately report any 

unauthorized take of federally protected 

wildlife, disturbance of bald eagles or 

golden eagles, or harassment of 

endangered species to the appropriate 

Service Regional Law Enforcement 

office. You can find the addresses for 

the offices at http://www.fws.gov/le/ 

regional-law-enforcement-offices.html. 

(4) Abatement raptors. (i) A raptor 

used for abatement must be captive-bred 

and banded with a seamless band issued 

by the Service. You may not use wildcaught raptors in abatement. You may 

purchase the raptors from, or sell or 

transfer them to, any permittee 

authorized to possess them. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

17380 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 

(ii) You and your subpermittees may 

use only raptors that you possess under 

your abatement permit in abatement. 

(iii) We do not limit the number of 

captive-bred raptors that you may hold 

under your abatement permit, but each 

bird must be used for abatement. 

(iv)You may possess and use any 

captive-bred falconiform, accipitriform, 

or strigiform species listed in § 10.13 of 

this chapter (including a hybrid) in 

abatement, except that you may not 

possess or use a bald eagle or golden 

eagle for abatement. 

(v) A subpermittee may use only 

species that he or she is authorized to 

possess under his or her falconry 

permit. 

(5) Facilities and care requirements. 

You must house and maintain raptors 

that you hold under your abatement 

permit in accordance with the Federal 

falconry regulations housing and care 

requirements (see § 21.29). 

(6) Using a hybrid raptor in 

abatement. When flown free in 

abatement, a hybrid raptor must have 

attached at least two functioning radio 

transmitters to ensure that you can 

locate the bird. 

(7) Acquisition, transfer, or loss of 

abatement raptors. You must report 

acquisition and disposition of a raptor 

under your abatement permit by 

submitting Service form 3–186A (the 

Migratory Bird Acquisition and 

Disposition Report) completed in 

accordance with the instructions on the 

form and filed by you and the recipient, 

if applicable, to your migratory bird 

permit issuing office. 

(8) Feathers molted by an abatement 

bird.—(i) Imping. For imping (replacing 

a damaged feather with a molted 

feather), you may possess tail feathers 

and primary and secondary wing 

feathers for each species of raptor that 

you possess or previously held under 

your abatement permit for as long as 

you have a valid abatement permit. 

(ii) Donating. You may donate molted 

feathers to any entity with a valid 

permit to acquire and possess them, or 

to an entity exempt from the permit 

requirement under § 21.12. You may not 

buy, sell, or barter the feathers. You 

must keep the documentation for your 

acquisition and disposal of the feathers. 

(iii) Receiving. You may receive 

feathers for imping purposes from any 

entity authorized to donate them to you. 

You may not buy, sell, or barter the 

feathers. You must keep the 

documentation for your acquisition and 

disposal of the feathers. 

(9) Disposition of carcasses of 

abatement birds that die. You may 

donate the carcass, feathers, or parts of 

any deceased raptor held under your 

abatement permit to any entity 

authorized to acquire and possess it. 

(10) Prey items. If your abatement bird 

kills an animal without your intent, 

including wildlife taken outside of a 

regular hunting season, you may allow 

your abatement bird to feed on the 

animal, but you may not take the animal 

into your possession. You must report 

the take in your annual report. 

(11) Recordkeeping. You must 

maintain complete and accurate records 

of the activities conducted under your 

abatement permit, including, but not 

necessarily limited to, the name and 

address of the property owner; the 

location, date(s), and crop or property 

protected for each abatement job that 

you and each of your subpermittees 

conduct; the date, species, and location 

of any unintentional take that occurs; 

the name, address, and falconry permit 

number of each of your subpermittees, 

and any subpermittee designation 

letters; the raptors used for each job; and 

FWS form 3–186As for each acquisition 

and disposal of birds. You must retain 

these records for 5 years following the 

end of the last calendar year covered by 

the records. 

(12) Annual report. You must submit 

an annual report to your migratory bird 

permit issuing office. Your report must 

include the information required in 

Service form 3–202–22–2133, which is 

available at www.fws.gov/forms/3-202- 

2133.pdf. 

(13) Inspections. Agents or employees 

of the Service may inspect your 

abatement raptors, facilities, equipment, 

and records in your presence at any 

reasonable hour on any day of the week. 

(f) Permit tenure. Your abatement 

permit will expire on the date 

designated on the face of the permit 

unless amended or revoked. No 

abatement permit will have a term of 

more than 5 years. 

(g) Acquisitions, transfers, and losses 

of abatement raptors. You must have a 

copy of a properly completed FWS 

Form 3–186A (Migratory Bird 

Acquisition and Disposition Report) for 

each raptor you acquire transfer, or lose, 

or that dies. 

Dated: March 17, 2015. 

Michael J. Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2015–07387 Filed 3–31–15; 8:45 am] 

BILLING CODE CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 150226189–5189–01] 

RIN 0648–BE91 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Red 

Snapper Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

management measures described in a 

framework action to the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP) 

prepared by the Gulf of Mexico (Gulf) 

Fishery Management Council (Council) 

(2015 Gulf red snapper framework 

action). If implemented, this proposed 

rule would increase the commercial and 

recreational quotas for red snapper in 

the Gulf of Mexico reef fish fishery for 

the 2015, 2016, and 2017 fishing years 

Quotas for subsequent fishing years 

would remain at 2017 levels unless 

changed by future rulemaking. This 

proposed rule is intended to help 

achieve optimum yield (OY) for the Gulf 

red snapper resource without increasing 

the risk of red snapper experiencing 

overfishing. 

DATES: Written comments must be 

received on or before April 16, 2015. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘NOAA–NMFS–2015–0036’’ by either 

of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/#!docket Detail;D=

NOAA-NMFS-2015-0036, click the 

‘‘Comment Now!’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Submit written comments to 

Cynthia Meyer, Southeast Regional 

Office, NMFS, 263 13th Avenue South, 

St. Petersburg, FL 33701. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

mstockstill on DSK4VPTVN1PROD with PROPOSALS