60052 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 

(3) Additional information concerning 

the range, distribution, and population 

sizes of this species; and 

(4) Information regarding barred owl 

(Strix varia) range, distribution, and 

population size as it relates to California 

spotted owl. 

(5) Current or planned activities or 

land use practices in the subject area 

and their possible impacts on this 

animal. 

In addition, we request data and 

information regarding the changes 

identified in the ‘‘Summary of Threats 

Analysis’’ section in the 90-day finding 

(70 FR 35607). 

Finally, if we determine that listing 

the owl is warranted, it is our intent to 

propose critical habitat to the maximum 

extent prudent and determinable at the 

time we would propose to list the 

species. Therefore, we request scientific 

information on what may constitute 

physical or biological features essential 

to the conservation of the species, where 

these features are currently found and 

whether any of these areas are in need 

of special management, and whether 

there are areas not containing these 

features which might be essential to the 

conservation of the species. Please 

provide specific comments as to what, 

critical habitat, if any, should be 

proposed for designation if the species 

is proposed for listing, and why that 

proposed habitat meets the 

requirements of the Act. 

Previously submitted comments need 

not be resubmitted. If you submit 

comments by electronic mail (e-mail), 

please submit them as an ASCII file and 

avoid the use of special characters and 

any form of encryption. Please also 

include ‘‘Attn: California Spotted Owl 

Status Review’’ and your name and 

address in your e-mail message. If you 

do not receive a confirmation from the 

system that we have received your email message, contact us directly by 

calling the Sacramento Fish and 

Wildlife Office (see ADDRESSES). 

Our practice is to make comments, 

including names and home addresses of 

respondents, available for public review 

during regular business hours. 

Respondents may request that we 

withhold their home address, which we 

will honor to the extent allowable by 

law. There also may be circumstances in 

which we would withhold a 

respondent’s identity, as allowable by 

law. If you wish us to withhold your 

name and/or address, you must state 

this request prominently at the 

beginning of your comment. We will not 

consider anonymous comments. To the 

extent consistent with applicable law, 

we will make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Comments and materials received will 

be available for public inspection, by 

appointment, during normal business 

hours at the above address. 

Background 

On June 21, 2005 (70 FR 35607), we 

published a positive 90-finding on a 

petition to list the California spotted 

owl as threatened or endangered under 

the Act (i.e., we determined that the 

petition presents substantial scientific 

or commercial information indicating 

that listing the species may be 

warranted). For further information 

regarding the biology of this subspecies, 

previous Federal actions, factors 

affecting the subspecies, and 

conservation measures available to the 

California spotted owl, please refer to 

the 90-day finding (70 FR 35607) and 

previous Federal Register notices 

regarding the California spotted owl (65 

FR 60605; 68 FR 7580). 

When we make a positive 90-day 

finding, we are required to promptly 

commence a review of the status of the 

species. Based on results of the status 

review, we will make a 12-month 

finding as required by section 4(b)(3)(B) 

of the Act on or before March 14, 2006. 

To ensure that the status review is 

complete and based on the best 

available scientific and commercial 

data, we are soliciting additional 

information on the California spotted 

owl. Pursuant to 50 CFR 424.16(c)(2), 

we may extend or reopen a comment 

period upon finding that there is good 

cause to do so. Because of the large 

volume of information relating to forest 

management activities within the range 

of the California spotted owl, and the 

number of scientists involved in 

monitoring the status of the California 

spotted owl and its habitat, we seek 

additional time to receive information 

and comments relating to the status of 

the owl from federal, state, and private 

scientists. We will reopen the comment 

period until October 28, 2005. This 

reopening of the comment period will 

not affect the date by which the Service 

will make its 12-month finding. 

Author 

The primary authors of this notice are 

staff of the Sacramento Fish and 

Wildlife Office (see ADDRESSES). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.). 

Dated: September 23, 2005. 

Marshall P. Jones Jr., 

Deputy Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 05–20646 Filed 10–13–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 21 

RIN 1018–AT60 

Migratory Bird Permits; Changes in the 

Regulations Governing Raptor 

Propagation 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Fish and Wildlife 

Service (we or us) proposes changes in 

the regulations governing captive 

propagation of raptors in the United 

States. We propose reorganization of the 

current regulations, and we have added 

or changed some provisions therein. 

The changes will make it easier to 

understand the requirements for raptor 

propagation and the procedures for 

obtaining a propagation permit. 

DATES: Send comments on this proposal 

by January 12, 2006. 

ADDRESSES: You may submit comments, 

identified by RIN 1018–AT60, by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web Site: http:// 

migratorybirds.fws.gov. Follow the links 

to submit a comment. 

• E-mail address for comments: 

PropagationRegulations@fws.gov. 

Include ‘‘RIN 1018–AT60’’ in the 

subject line of the message. 

• Mailing address for paper or 

computer media comments: Division of 

Migratory Bird Management, U.S. Fish 

and Wildlife Service, 4401 North Fairfax 

Drive, Mail Stop MBSP–4107, 

Arlington, Virginia 22203–1610. 

• Address for hand delivery of 

comments: Division of Migratory Bird 

Management, U.S. Fish and Wildlife 

Service, 4501 North Fairfax Drive, Room 

4091, Arlington, Virginia 22203–1610. 

Instructions: All submissions received 

must include Regulatory Information 

Number (RIN) 1018–AT60 at the 

beginning. All comments received, 

including any personal information 

provided, will be available for public 

inspection at the address shown above 

for hand delivery of comments. For 

detailed instructions on submitting 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 60053 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Brian Millsap, Chief, Division of 

Migratory Bird Management, U.S. Fish 

and Wildlife Service, 703–358–1714, or 

Dr. George T. Allen, Wildlife Biologist, 

703–358–1825. 

SUPPLEMENTARY INFORMATION: 

Background 

The Fish and Wildlife Service is the 

Federal agency with the primary 

responsibility for managing migratory 

birds. Our authority is based on 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). Raptors (birds of prey) 

are afforded Federal protection by the 

1972 amendment to the Convention for 

the Protection of Migratory Birds and 

Game Animals, February 7, 1936, 

United States—Mexico, as amended; the 

Convention between the United States 

and Japan for the Protection of 

Migratory Birds in Danger of Extinction 

and Their Environment, September 19, 

1974; and the Convention Between the 

United States of America and the Union 

of Soviet Socialist Republics (Russia) 

Concerning the Conservation of 

Migratory Birds and Their Environment, 

November 26, 1976. 

The taking and use of raptors are 

strictly prohibited except as permitted 

under regulations implementing the 

MBTA. Raptors also may be protected 

by State regulations. Regulations 

governing the issuance of permits for 

migratory birds are authorized by the 

MBTA and subsequent regulations. 

They are in title 50, Code of Federal 

Regulations, parts 10, 13, 21, and (for 

eagles) 22. 

Changes in the Regulations Governing 

Raptor Propagation 

We have rewritten the regulations in 

plain language and have changed or 

added some provisions. We seek 

comment on these proposed regulations, 

particularly the following substantive 

changes: 

1. The permit period is changed from 

3 to 5 years. 

2. Raptor propagation permits will no 

longer be renewed without evidence of 

successful captive propagation during 

the term of the permit. 

3. All birds held under a captive 

propagation permit must actually be 

used in propagation or permission to 

continue to hold them under the permit 

will not be granted. 

4. Captive-bred progeny may be 

trained for use in falconry. Until they 

are 1 year old, captive-bred offspring 

may be used in actual hunting as a 

means of training them. 

5. The requirement for reporting 

within 5 days on eggs laid by birds in 

captive propagation is eliminated. An 

annual report on propagation efforts is 

all that will be required of permittees. 

Clarity of This Regulation 

Executive Order 12866 requires each 

agency to write regulations that are easy 

to understand. We invite your 

comments on how to make this 

proposed rule easier to understand, 

including answers to questions such as 

the following: (1) Are the requirements 

in the rule clearly stated? (2) Does the 

rule contain technical language or 

jargon that interferes with its clarity? (3) 

Does the format of the rule (grouping 

and order of sections, use of headings, 

paragraphing, etc.) aid or reduce its 

clarity? (4) Would the rule be easier to 

understand if it were divided into more 

(but shorter) sections? (A ‘‘section’’

appears in bold type and is preceded by 

the symbol § and a numbered heading; 

for example ‘‘§ 21.30 Raptor propagation 

permits.’’) (5) Is the description of the 

rule in the SUPPLEMENTARY INFORMATION

section of the preamble helpful in 

understanding the proposed rule? What 

else could we do to make the rule easier 

to understand? 

Send a copy of any comments that 

concern how we could make this rule 

easier to understand to: Office of 

Regulatory Affairs, Department of the 

Interior, Room 7229, 1849 C Street, 

NW., Washington, DC 20240. You also 

may e-mail comments to 

Exsec@ios.doi.gov. 

Regulatory Planning and Review 

In accordance with the criteria in 

Executive Order 12866, this rule is not 

a significant regulatory action. 

a. This rule will not have an annual 

economic effect of $100 million or more 

or adversely affect an economic sector, 

productivity, jobs, the environment, or 

other units of government. This is 

primarily a plain-language rewrite of the 

current regulation. A cost-benefit and 

economic analysis thus is not required. 

We foresee no particular effects on 

people practicing raptor propagation. 

b. This rule will not create 

inconsistencies with other agencies’

actions. The rule deals solely with 

governance of captive raptor 

propagation in the United States. No 

other Federal agency has any role in 

regulating this endeavor. 

c. This rule will not materially affect 

entitlements, grants, user fees, loan 

programs, or the rights and obligations 

of their recipients. There are no 

entitlements, grants, user fees, or loan 

programs associated with the regulation 

of raptor propagation. 

d. This rule will not raise novel legal 

or policy issues. This rule is primarily 

a reorganization and plain language 

rewrite of the existing regulations. New 

provisions proposed in the rule are in 

compliance with other laws, policies, 

and regulations. 

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 (RFA) that describes 

the effect of the rule on small entities 

(i.e., small businesses, small 

organizations, and small government 

jurisdictions). However, no RFA is 

required if the head of an agency 

certifies the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

SBREFA amended the Regulatory 

Flexibility Act to require Federal 

agencies to provide the statement of the 

factual basis for certifying that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

We have examined this rule’s 

potential effects on small entities as 

required by the Regulatory Flexibility 

Act, and have determined that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. This 

determination is based on the fact that 

we are not proposing any changes to the 

current requirements for raptor 

propagation facilities (housing). The 

changes we are proposing are intended 

primarily to clarify the requirements for 

raptor propagation and the procedures 

for obtaining a raptor propagation 

permit. In addition, the changes we 

propose affect neither the information 

collected nor the fee required to obtain 

a permit. Consequently, we certify that 

this proposed rule will not have a 

significant economic effect on a 

substantial number of small entities, 

and thus a regulatory flexibility analysis 

is not required. Thus, this is not a major 

rule under the Small Business 

Regulatory Enforcement Fairness Act (5 

U.S.C. 804(2)) because it will not have 

60054 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 

a significant impact on a substantial 

number of small entities. 

a. This rule does not have an annual 

effect on the economy of $100 million 

or more. We foresee no effects on the 

economy from implementation of this 

rule. 

b. This rule will not cause a major 

increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions. The 

practice of raptor propagation does not 

significantly affect costs or prices in any 

sector of the economy. 

c. This rule will not have significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of U.S.-based 

enterprises to compete with foreignbased enterprises. Raptor propagation is 

an endeavor of private individuals. 

Neither regulation nor practice of raptor 

propagation significantly affects 

business activities. 

Unfunded Mandates Reform Act 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.), we have determined the following: 

a. This rule will not ‘‘significantly or 

uniquely’’ affect small governments, and 

thus a Small Government Agency Plan 

is not required. Raptor propagation is an 

endeavor of private individuals. Neither 

regulation nor practice of raptor 

propagation affects small government 

activities in any significant way. 

b. This rule will not produce a 

Federal mandate of $100 million or 

greater in any year, i.e., it is not a 

‘‘significant regulatory action’’ under 

the Unfunded Mandates Reform Act. 

States will not have to alter their raptor 

propagation regulations to comply with 

the proposed revisions. 

Takings 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. This rule has no 

provision for taking of private property. 

A takings implication assessment is thus 

not required. 

Federalism 

This rule does not have sufficient 

Federalism effects to warrant 

preparation of a Federalism assessment 

under Executive Order 13132. It will not 

interfere with the States’ ability to 

manage themselves or their funds. No 

significant economic impacts should 

result from the proposed changes in the 

regulation of raptor propagation. 

However, this rule provides the 

opportunity for States to cooperate in 

management of raptor propagation 

permits and to ease the permitting 

process for permit applicants. 

Civil Justice Reform 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that the rule does not 

unduly burden the judicial system and 

meets the requirements of sections 3(a) 

and 3(b)(2) of the Order. 

Paperwork Reduction Act 

This proposed rule does not contain 

new or revised information collection 

for which OMB approval is required 

under the Paperwork Reduction Act. 

Information collection required by this 

proposed regulation is covered by OMB 

approval 1018–0022, which expires on 

July 31, 2007. This regulation does not 

add to that approved information 

collection. The Service may not conduct 

or sponsor, and a person is not required 

to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act 

We have analyzed this rule in 

accordance with the National 

Environmental Policy Act (NEPA), 42 

U.S.C. 432–437f) and Part 516 of the 

U.S. Department of the Interior Manual 

(516 DM). We prepared an 

environmental assessment (EA) in July 

1988 to support establishment of 

regulations governing the use of most 

raptors in falconry. You can obtain a 

copy of the EA by contacting us at the 

address in the ADDRESSES section. This 

rule does not change the allowed take of 

raptors from the wild. We will prepare 

an updated Environmental Assessment 

on the take of raptors for use in 

propagation during the rulemaking 

process to determine whether these 

proposals are major Federal actions 

significantly affecting the quality of the 

human environment. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and 512 DM 2, we have 

evaluated potential effects on Federally 

recognized Indian Tribes and have 

determined that there are no potential 

effects. This rule will not interfere with 

the Tribes’ ability to manage themselves 

or their funds, or to regulate raptor 

propagation on tribal lands. 

Energy Supply, Distribution, or Use 

(Executive Order 13211) 

On May 18, 2001, the President issued 

Executive Order 13211 addressing 

regulations that significantly affect 

energy supply, distribution, and use. 

Executive Order 13211 requires agencies 

to prepare Statements of Energy Effects 

when undertaking certain actions. 

Because this rule only affects the 

practice of raptor propagation in the 

United States, it is not a significant 

regulatory action under Executive Order 

12866, and will not significantly affect 

energy supplies, distribution, or use. 

Therefore, this action is not a significant 

energy action, and thus no Statement of 

Energy Effects is required. 

Are There Environmental 

Consequences of the Proposed Action? 

The changes we propose are primarily 

in the combining, reorganizing, and 

rewriting of the regulations. The 

environmental impacts of this action are 

limited. 

Socio-economic. We do not expect the 

proposed action to have discernible 

socio-economic impacts. 

Raptor populations. This rule will not 

significantly alter the conduct of raptor 

propagation in the United States. We 

expect it to have no discernible effect on 

raptor populations. 

Endangered and Threatened Species. 

The regulations have no new provisions 

that affect threatened or endangered 

species. 

Does This Rule Comply With 

Endangered Species Act Requirements? 

Yes. Section 7 of the Endangered 

Species Act (ESA) of 1973, as amended 

(16 U.S.C. 1531 et seq.), requires that 

‘‘The Secretary [of the Interior] shall 

review other programs administered by 

him and utilize such programs in 

furtherance of the purposes of this 

chapter’’ (16 U.S.C. 1536(a)(1)). It 

further states that the Secretary must 

‘‘insure that any authorized, funded, or 

completed action ‘‘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)). The 

Division of Threatened and Endangered 

Species concurred with our finding that 

the revised regulations will not affect 

listed species. 

Author 

The primary author of this rulemaking 

is Dr. George T. Allen, U.S. Fish and 

Wildlife Service, Division of Migratory 

Bird Management, 4401 North Fairfax 

Drive, Mail Stop MBSP–4107, 

Arlington, Virginia 22203–1610. 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 60055 

Public Participation 

You may submit written comments on 

this proposal to the location identified 

in the ADDRESSES section, or you may 

submit electronic comments to the 

internet address listed in the ADDRESSES

section. We must receive your 

comments before the date listed in the 

DATES section. Following review and 

consideration of comments, we will 

issue a final rule on the proposed 

regulation changes. When submitting 

electronic comments, please include 

your name and return address in your 

message, identify it as comments on the 

draft raptor propagation regulations, and 

submit your comments as an ASCII file. 

Do not use special characters or any 

encryption. If you do not receive a 

confirmation from the system that we 

have received your electronic 

comments, you can contact us directly 

at 703–358–1714. When submitting 

electronic or written comments, refer to 

the file number RIN 1018–AT60. 

All comments on the proposed rule 

will be available for public inspection 

during normal business hours at Room 

4091 at the Fish and Wildlife Service, 

Division of Migratory Bird Management, 

4501 North Fairfax Drive, Arlington, 

Virginia -1610. The administrative 

record for this proposed rule is 

available, by appointment, during 

normal business hours at the same 

address. You may call 703–358–1825 to 

make an appointment to view the file. 

Our practice is to make comments, 

including names and home addresses of 

respondents, available for public 

review. Individual respondents may 

request that we withhold their home 

address from the rulemaking record, 

which we will honor to the extent 

allowable by law. In some 

circumstances, we would also withhold 

from the rulemaking record a 

respondent’s identity, as allowable by 

law. If you wish for us to withhold your 

name or address, you must state this 

prominently at the beginning of your 

comment. We will make all submissions 

from organizations or businesses and 

from individuals identifying themselves 

as representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

List of Subjects in 50 CFR Part 21 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Transportation, Wildlife. 

Proposed Regulation 

For the reasons stated in the 

preamble, we propose to amend part 21, 

subpart C, of subchapter B, chapter I, 

title 50 of the Code of Federal 

Regulations, as follows: 

PART 21—[AMENDED] 

1. The authority citation for part 21 

continues to read as follows: 

Authority: 16 U.S.C. 703–712; Pub. L. 106–

108; 16 U.S.C. 668a. 

2. Revise § 21.30 as set forth below. 

§ 21.30 Raptor propagation permits. 

(a) What is the legal basis for 

regulating raptor propagation? The 

Migratory Bird Treaty Act (MBTA) (16 

U.S.C. 703 et seq.) prohibits any person 

from capturing from the wild, 

purchasing, bartering, selling, or 

offering to purchase, barter, or sell 

raptors (birds of prey) listed in § 10.13 

of this subchapter B, or undertaking any 

other uses of these birds unless the uses 

are allowed by Federal regulation and 

the person has a permit to conduct the 

activity. These regulations cover all 

Falconiformes (kites, eagles, hawks, 

caracaras, and falcons) and all 

Strigiformes (owls) listed in § 10.13 of 

this subchapter B (‘‘native’’ raptors) and 

apply to any person who holds for 

propagation one or more native raptors. 

Captive propagation of raptors is 

allowed to minimize the pressure on 

wild populations resulting from take 

from the wild for falconry. Wild-caught 

and captive-bred raptors of species 

protected under the MBTA are always 

under the stewardship of the U.S. Fish 

and Wildlife Service. They are not 

private property. 

(b) Do other Federal or State 

regulations affect raptor propagation 

activities? Yes. Other regulations, such 

as those for the Convention on 

International Trade in Endangered 

Species of Wild Fauna and Flora, the 

Wild Bird Conservation Act, and State 

regulations, may affect propagationrelated activities. In cases in which 

more than one set of regulations affect 

raptor propagation, the most restrictive 

requirements affecting the activity in 

question will apply. 

(c) Is captive propagation allowed for 

all raptor species? No. The Bald and 

Golden Eagle Protection Act (16 U.S.C. 

668) makes no provision for captive 

propagation of golden eagles or bald 

eagles. These species may not be used 

in captive propagation. 

(d) What facilities requirements for 

raptors are associated with raptor 

propagation permits? In addition to the 

general conditions found in part 13 of 

this subchapter B, raptor propagation 

permits are subject to the following 

additional conditions: 

(1) Your facilities may be adjacent to 

or adjoining other facilities you 

maintain for birds held under other 

permit types. However, birds held under 

your raptor propagation permit must be 

kept separate from birds held under 

other permit types. 

(2) You must maintain any tethered 

raptor you possess under this permit in 

accordance with the facilities and 

standards requirements in § 21.29 

unless you obtain a written exception to 

this requirement. 

(3) For untethered raptors, your 

breeding facilities must be soundly 

constructed and entirely enclosed with 

wood, wire netting, or other suitable 

material that provides a safe, healthy 

environment. 

(i) Your facilities must minimize the 

risk of injury by providing protection 

from predators, pets, and extreme 

weather conditions. 

(ii) Your facilities must minimize the 

risk of raptor collision with interior or 

perimeter construction materials and 

equipment such as support poles, 

windows, wire netting, perches, or 

lights. 

(iii) Your facilities must have 

observation windows or video cameras 

that will allow you to check on your 

birds with minimal disturbance to them. 

(iv) Your facilities must have suitable 

perches and nesting sites, fresh water 

for bathing and drinking, fresh air 

ventilation, a source of light, a welldrained floor, and ready access for 

cleaning. 

(v) The interior of your propagation 

facilities must be of materials suitable 

for thorough cleaning or disinfection. 

(e) Do I have to band raptors held for 

use in captive propagation that are not 

captive-bred? Yes. Unless we 

specifically exempt a particular raptor, 

any raptor taken from the wild must be 

banded with a permanent, nonreusable 

band that we will provide. 

(f) Do I have to band captive-bred 

raptors? Yes. Unless a particular 

nestling is specifically exempted, you 

must band every captive-bred raptor 

within 2 weeks of hatching with a 

numbered, seamless band placed on the 

nestling’s leg. We will provide the 

necessary bands. 

(1) You must use a band with an 

inside diameter that is small enough to 

prevent loss or removal of the band 

when the raptor is grown without 

causing serious injury to the raptor or 

damaging the band’s integrity or onepiece construction. 

(2) You may band a nestling with 

more than one band of different sizes if 

you cannot determine the proper size 

when you band the nestling. You must 

then remove all but the correctly sized 

band when the nestling is 5 weeks old, 

and you must return to us the band(s) 

you remove. 

(3) You may request an exemption 

from the banding requirement for any 

60056 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 

nestling or fledgling for which the band 

causes a problem. If you demonstrate 

that the band itself or the behavior of 

the bird in response to the band poses 

a hazard to the bird, we will exempt that 

bird from the banding requirement. 

(g) Are there restrictions on taking 

raptors or raptor eggs from the wild? 

Yes. If your permit authorizes you to 

take raptors or raptor eggs from the 

wild, you must meet the following 

requirements: 

(1) The State or foreign country in 

which the raptors or raptor eggs are 

taken must authorize you in writing to 

take the raptor(s) or raptor egg(s) from 

the wild for propagation purposes. 

(2) You may not take a raptor listed 

in § 17.11(h) of this chapter as 

‘‘endangered’’ or ‘‘threatened’’ from the 

wild without a permit under part 17 of 

this subchapter B. 

(3) You must comply with all State 

laws in taking a raptor or raptor egg(s) 

from the wild. 

(h) May I transfer, purchase, sell, or 

barter raptors, raptor eggs, or raptor 

semen? Yes, but only those from 

captive-bred and -raised birds. 

(1) You may transfer, sell, or barter 

any lawfully possessed captive-bred 

raptor to another raptor propagation 

permittee, to a person with a valid State 

falconry permit, or to another person 

authorized to possess captive-bred 

raptors if the raptor is marked on the 

metatarsus by a seamless, numbered 

band we will supply. 

(2) You may transfer, sell, or barter 

any lawfully possessed raptor egg or 

raptor semen produced by a bird held 

under your captive propagation permit, 

or under your falconry permit if you are 

using falconry birds in propagation, to 

another raptor propagation permittee. 

(3) If you purchase from or barter with 

any person in a foreign country, that 

person must be authorized by the 

wildlife management authority of that 

country to sell or barter captive-bred 

raptors. 

(4) If you transfer to, sell to, or barter 

with any person in a foreign country, 

that person must be authorized to 

possess, purchase, or barter captive-bred 

raptors by the wildlife management 

authority of the country. The wildlife 

management authority must certify in 

writing that the recipient is an 

experienced falconer or raptor 

propagator who is required to maintain 

any raptors in his or her possession 

under conditions that are comparable to 

the conditions under which a permittee 

must maintain raptors under §§ 21.29 or 

21.30. No certification is required if the 

competent wildlife management 

authority itself is the recipient of 

captive-bred raptors for conservation 

purposes. 

(5) You may not trade, transfer, 

purchase, sell, or barter a captive-bred 

raptor until it is 2 weeks old. 

(6) You may not purchase, sell, or 

barter any raptor eggs or any raptors 

taken from the wild, any raptor semen 

collected from the wild, or any raptors 

hatched from eggs taken from the wild. 

(i) Do I need to document lawful 

possession of a bird held for captive 

propagation? Yes. You must have a 

copy of a properly completed FWS 

Form 3–186A (Migratory Bird 

Acquisition and Disposition Report) for 

each bird you acquire or that is 

transferred to you. However, you do not 

have to submit or have a copy of an 

FWS Form 3–186A for raptors you 

produced by captive propagation if you 

keep the birds in your possession under 

your propagation permit. 

(j) Do I have to report the transfer of 

a propagation raptor to another 

permittee or to another permit I hold? 

Yes. If you sell, trade, barter, or transfer 

a raptor held under your captive 

propagation permit, even if the transfer 

is to a falconry permit you hold, you 

must complete an FWS Form 3–186A 

and send it to us within 5 calendar days 

of the transfer. 

(k) May another person care for a 

propagation bird for me temporarily? 

Yes. Another person who can legally 

possess raptors may care for a 

propagation raptor for you for up to 45 

calendar days. The person must have a 

signed and dated statement from you 

authorizing the temporary possession, 

plus a copy of the FWS Form 3–186A 

that shows that you are the possessor of 

the bird. The statement must include 

information about the time period for 

which the other person will keep the 

bird, and about what he or she is 

allowed to do with it. The bird will 

remain on your raptor propagation 

permit. If the person who temporarily 

holds it for you is a falconer or a captive 

propagator, the bird will not be counted 

against his or her possession limit on 

birds held for falconry or propagation. 

However, the other person may not use 

the bird in falconry or in propagation. 

If you wish to have someone else care 

for a propagation raptor you hold for 

more than 45 days, or if you wish to let 

another person use the bird in falconry 

or captive propagation, you must 

transfer the bird to that person and 

report the transfer by submitting a 

completed FWS Form 3–186A. 

(l) May I produce hybrid raptors in 

captive propagation? Yes. However, 

interspecific hybridization is authorized 

only if each bird produced is imprinted 

on humans by being hand-raised in 

isolation from the sight of other raptors 

from 2 weeks of age or it is surgically 

sterilized. 

(m) What do I do with the body of a 

raptor held for captive propagation that 

dies? If a bird you hold for captive 

propagation dies, you must remove and 

return its band to us with an FWS Form 

3–186A reporting the death of the bird. 

You must destroy the carcass of the bird 

immediately, unless you request 

authorization from us to retain 

possession of it temporarily. If you 

receive authorization to do so, you may 

transfer the carcass to any other person 

authorized by the Service to possess it 

(who may be you under another permit 

type), provided no money or other 

consideration is involved. 

(n) What do I do with nonviable eggs, 

nests, and feathers? You may possess 

addled or blown eggs, nests, and 

feathers suitable for imping (replacing a 

damaged feather with a molted feather) 

from raptors held under permit and may 

transfer any of these items to any other 

person authorized by the Service to 

possess them, provided that no money 

or other consideration is involved. 

(o) May I release captive-bred raptors 

to the wild? Yes, except that you may 

not release a raptor produced by 

interspecific hybridization to the wild. 

To release a captive-bred raptor, you 

must have written authorization from us 

and from the State agency that regulates 

such releases in the State in which you 

wish to release the bird. You should 

leave the captive-bred band on the bird. 

(p) What records of my captive 

propagation efforts do I have to keep? 

You must maintain complete and 

accurate records of all operations, 

including the following, for at least 5 

years from the date of expiration of your 

permit: 

(1) The acquisition of raptors, eggs, or 

semen from sources other than 

production. 

(i) Whether the stock was semen, eggs, 

or birds. 

(ii) A description of the stock. 

(A) The species, sex, and age of each 

(if applicable). 

(B) The natal area (geographical 

breeding site or area that captive stock 

represents, e.g., Colville River, Alaska; 

unknown; migrant taken in Maryland, 

etc.). 

(C) The band number (if applicable). 

(iii) How the stock was acquired, i.e., 

whether it was purchased, bartered, or 

transferred (include the purchase price 

or a description of any other 

consideration involved), or taken from 

the wild. 

(iv) The day, month, and year the 

stock was acquired. 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 60057 

(v) The name, address, and permit 

number of the person from whom the 

stock was acquired or the location 

where the stock was taken from the 

wild. 

(2) The disposition of raptors, eggs, or 

semen. 

(i) Whether the stock was semen, eggs, 

or birds. 

(ii) A description of the stock. 

(A) The species, sex, and age of each 

(if applicable). 

(B) The natal area (geographical 

breeding site or area that captive stock 

represents, e.g., Colville River, Alaska; 

unknown; migrant taken in Maryland, 

etc.). 

(C) The band number of each (if 

applicable). 

(iii) How you disposed of the stock, 

i.e., whether by sale, barter, or transfer 

(include the sale price or a description 

of any other consideration involved), 

escape, intentional release to the wild, 

or death. 

(iv) The day, month, and year you 

disposed of the stock. 

(v) To whom or where you disposed 

of the stock. Provide information on the 

name, address, and permit number of 

the purchaser, barterer, or transferee, or 

describe the location of any other 

disposition. 

(3) The production and pedigree 

record for the male and the female in 

each propagation attempt. 

(i) The species, natal area, and band 

number for each bird. 

(ii) Whether insemination was 

natural, artificial, or a combination 

thereof. 

(iii) How many eggs were laid and the 

laying date for each of them. 

(iv) How many eggs hatched and the 

hatching date for each of them. 

(v) How many young were raised to 2 

weeks of age and the band number for 

each of them. 

(q) Do I have to provide reports on my 

captive propagation activities? Yes. For 

determining take of raptors for captive 

propagation and reporting on 

propagation activities, you must submit 

an annual report to us by January 31 for 

the preceding year. For purposes of this 

reporting requirement, a year runs from 

January 1 through December 31. Your 

report must include the following 

information for each species you held 

under your captive propagation permit: 

(1) The number of raptors you 

possessed for captive propagation as of 

December 31 (including the species, 

band number, sex, and hatch date of 

each raptor). 

(2) The number of eggs laid by each 

female. 

(3) The number of young raised to 2 

weeks of age. 

(4) The number of raptors you 

purchased, sold, bartered, received, or 

transferred (including the species, band 

number, sex, and age of each raptor), the 

date of the transaction, and the name, 

address, and permit number of each 

purchaser, seller, barterer, transferor, or 

transferee. 

(5) The number of unused seamless 

bands of each size that you have in your 

possession. 

(r) May I use a bird held for captive 

propagation in falconry? No. You may 

use raptors held under your captive 

propagation permit only for 

propagation. You must transfer a bird 

held for captive propagation to a 

falconry permit before you or another 

person may use it in falconry. If you 

transfer a bird held for captive 

propagation to another permit, you and 

the person to whom you transfer the 

bird must complete an FWS Form 3–

186A and report the transfer. 

(s) May I train captive-bred offspring 

for use in falconry? Yes. You may train 

any captive-bred progeny of raptors you 

hold under your permit. You may use 

falconry training or conditioning 

practices, such as the use of creance 

(tethered) flying, lures, balloons, or kites 

in training or conditioning these birds. 

Until they are 1 year old, you also may 

use captive-bred offspring in actual 

hunting as a means of training them. To 

do so, you will not need to transfer them 

to another permit type. You may not use 

them in hunting after their first year if 

they are held under your captive 

propagation permit. You may not hunt 

at any time with birds used in 

propagation. 

(t) Do I need a Federal permit to 

possess raptors for propagation? Yes. 

You must have a Federal raptor 

propagation permit before you may 

capture from the wild, possess, 

transport, import, purchase, barter, or 

offer to sell, purchase, or barter any 

raptor, raptor egg, or raptor semen for 

propagation purposes. Your State also 

may require that you have a State 

permit. 

(u) How do I apply for a Federal 

raptor propagation permit? Using FWS 

Form 3–200–12, you must submit your 

application for a raptor propagation 

permit to the appropriate Regional 

Director, to the attention of the 

Migratory Bird Permit Office. You can 

find addresses for the Regional Directors 

in 50 CFR 2.2. Your application must 

contain the general information and the 

certification required in § 13.12(a) of 

this subchapter, and the following 

information: 

(1) A statement indicating the 

purpose(s) for which you seek to breed 

raptors and, if applicable, the scientific 

or educational objectives of your 

propagation efforts. 

(2) A copy of your State permit 

authorizing raptor propagation. 

(3) A statement fully describing your 

experience with raptor propagation or 

handling, including the names of the 

species with which you have worked 

and duration of your activities with 

each. 

(4) A description of each raptor you 

possess at the time of your application 

and will use in propagation efforts, 

including the species, age (if known), 

sex (if known), date of acquisition, 

source, and raptor band number. 

(5) A description of each raptor you 

possess for purposes other than raptor 

propagation, including the species, age 

(if known), sex (if known), date of 

acquisition, source, raptor band number, 

and purpose for which it is possessed. 

(6) A description (including 

dimensions, drawings, and 

photographs) of the facilities and 

equipment you will use. 

(7) A statement indicating whether 

you wish to take raptors or raptor eggs 

from the wild. 

(v) What are the criteria for issuing a 

permit? When we receive an application 

completed as required in paragraph (u) 

of this section, we will decide whether 

we should issue a permit to you. We 

will consider the general criteria in 

§ 13.21(b) of this subchapter B and the 

following factors: 

(1) You must be at least 18 years old 

and have at least 2 full years of 

experience handling raptors. 

(2) If you seek authority to propagate 

endangered or threatened species, you 

must have at least 5 years of experience 

handling raptors in a propagation 

program or programs. You may also 

need an endangered species permit to 

propagate threatened or endangered 

raptors. See §§ 17.21 and 17.22 of this 

subchapter B for permit requirements to 

propagate threatened or endangered 

raptors. 

(3) You must have a propagation 

permit or other authorization for raptor 

propagation from your State, if your 

State requires such authorization. 

(4) Your raptor propagation facilities 

must be adequate for the number and 

species of raptors to be held under your 

permit. 

(5) For renewal of your Federal 

permit, when you seek the renewal you 

must provide documentation of your 

successful captive propagation efforts 

(young that reach fledging age) during 

the tenure of your permit. 

(6) If you seek to take raptors or eggs 

from the wild to use in propagation 

efforts, we will consider the following 

in deciding whether to grant you 

60058 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Proposed Rules 

authority to take raptors or eggs from the 

wild: 

(i) Whether issuing the permit would 

have a significant effect on any wild 

population of raptors. 

(ii) Whether suitable captive stock is 

available. 

(iii) Whether wild stock is needed to 

enhance the genetic variability of 

captive stock. 

(w) What procedures do I follow to 

update my captive propagation permit if 

I move? If you move within your State 

or get a new mailing address, you must 

notify us within 10 days (see § 13.23(c) 

of this subchapter B). If you move to a 

new State, within 10 days you must 

inform both your former and your new 

Fish and Wildlife Service Migratory 

Bird Permit Offices of your address 

change. If you have new propagation 

facilities, you must provide information, 

pictures, and diagrams of them, and 

they may have to be inspected in 

accordance with Federal and/or State 

requirements. 

(x) For how long is my Federal captive 

propagation permit valid? Your Federal 

permit will be valid for up to 5 years 

from when it is issued or renewed. It 

will expire on the same day as your 

State permit, unless your State permit is 

for a period longer than 5 years, or 

unless we amend, suspend, or revoke it. 

(y) What are the requirements for 

renewal of my captive propagation 

permit? For us to renew your permit, 

you must provide documentation that 

you have had at least one young raised 

to fledging age within the last 5 years, 

or that the bird held for propagation has 

produced semen or eggs used in captive 

propagation efforts. This requirement 

applies to each bird held under the 

propagation permit, and both male and 

female birds held under this permit 

must be involved in the breeding 

program. However, if you can provide 

justification for allowing renewal of 

your propagation permit although you 

were unable to document that at least 

one young raised to fledging age, semen, 

or eggs were produced by each bird held 

under your propagation permit and used 

in captive propagation efforts, we will 

consider renewing your permit for an 

additional permit cycle. If, after your 

first renewal, you do not provide 

documentation of successful captive 

propagation or production of eggs or 

semen used in captive propagation 

within the next 5 years, we will not 

renew your permit again. If we do not 

renew your permit or do not allow 

continued possession of a bird or birds 

for captive propagation (including 

captive-bred raptors), within 30 days 

you must transfer any such bird to 

another raptor propagator or to a 

falconer, or release it to the wild (if 

release of the species is allowed by the 

state). 

Dated: October 3, 2005. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 05–20596 Filed 10–13–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 051003254–5254–01; I.D. 

092105C] 

RIN 0648–AT88 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern 

Atlantic States; Control Date 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advance notice of proposed 

rulemaking; consideration of a control 

date. 

SUMMARY: This notice announces that 

the South Atlantic Fishery Management 

Council (Council) is considering 

management measures to further limit 

participation or effort in the commercial 

fishery for snapper grouper species 

(excluding wreckfish) in the exclusive 

economic zone (EEZ) of the South 

Atlantic. Possible measures include 

individual fishing quotas (IFQ), days-atsea (DAS), or other programs to further 

limit participation or effort. If such 

measures are established, the Council is 

considering October 14, 2005 as a 

possible control date. 

FOR FURTHER INFORMATION CONTACT: Julie 

A. Weeder, 727–551–5753; fax 727–

824–5308; e-mail 

julie.weeder@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper grouper fishery in the EEZ off 

the southern Atlantic states is managed 

under the Fishery Management Plan for 

the Snapper-Grouper Fishery of the 

South Atlantic Region (FMP). The FMP 

was prepared by the Council and is 

implemented through regulations at 50 

CFR part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

The Council previously established 

July 30, 1991 (56 FR 36052), as the 

control date for the snapper grouper 

fishery (excluding wreckfish), and April 

23, 1997 (62 FR 22995), as the control 

date for the black sea bass pot segment 

of this fishery. If adopted, the proposed 

control date of October 14, 2005 would 

replace both of those control dates for 

the entire fishery (excluding wreckfish). 

Many species in the South Atlantic 

snapper grouper fishery are or have 

been overfished or are undergoing 

overfishing. A limited access program 

for the commercial fishery was 

instituted in Amendment 8 to the FMP 

in 1998. Implementation of a program 

that further limits effort or participation 

in the commercial fishery for snapper 

grouper species (excluding wreckfish) in 

the EEZ would require preparation of an 

amendment to the FMP by the Council 

and publication of a proposed rule with 

a public comment period. NMFS’

approval of the amendment and 

issuance of a final rule would also be 

required. 

As the Council considers these 

management options, some fishermen 

who do not currently harvest snapper 

grouper, or harvest small quantities, 

may decide to begin or increase 

participation for the sole purpose of 

establishing or improving their record of 

commercial landings. When 

management authorities begin to 

consider implementation or expansion 

of a limited access management regime, 

this kind of speculative behavior is 

often responsible for a rapid increase in 

fishing effort in fisheries that are already 

fully developed or over developed. The 

original fishery problems, such as 

overcapitalization or overfishing, may 

be exacerbated by this increased 

participation. 

In order to avoid this problem, if 

management measures to limit 

participation or effort in the fishery are 

determined to be necessary, the Council 

is considering October 14, 2005 as the 

control date. After that date, anyone 

entering the commercial fishery for 

snapper grouper species (excluding 

wreckfish) may not be assured of future 

participation in the fishery if a 

management regime is developed and 

implemented that limits the number of 

fishery participants. 

Consideration of a control date does 

not commit the Council or NMFS to any 

particular management regime or 

criteria for entry into the commercial 

fishery for snapper grouper species 

(excluding wreckfish). Fishermen are 

not guaranteed future participation in 

this fishery, regardless of their entry 

date or intensity of participation in the 

fishery before or after the control date 

under consideration. The Council may 

subsequently choose a different control 

date, or it may choose a management