Federal Register / Vol. 75, No. 4 / Thursday, January 7, 2010 / Rules and Regulations 927 

1NTSB regional offices are located in the 

following cities: Anchorage, Alaska; Atlanta, 

Georgia; West Chicago, Illinois; Denver, Colorado; 

Arlington, Texas; Gardena (Los Angeles), California; 

Miami, Florida; Parsippany, New Jersey 

(metropolitan New York City); Seattle, Washington; 

and Ashburn, Virginia. In addition, NTSB 

headquarters is located at 490 L’Enfant Plaza, SW., 

Washington, DC 20594. Contact information for 

these offices is available at http://www.ntsb.gov. 

example, if a controller instructs the 

pilot to go around because an aircraft or 

vehicle is on the runway, that is a 

controlled situation. The tower 

controller was aware of the situation 

and directed a go around. However, if 

the pilot had to execute a go-around on 

his own and the tower controller was 

not aware of the situation, the NTSB 

would want to know about that event 

because it may go unreported. Similarly, 

a tower controller could clear an aircraft 

to land and inadvertently clear another 

aircraft onto the runway; if the arriving 

pilot has to conduct a go-around 

because of the airplane on the runway, 

the NTSB should receive a report of the 

incident. 

Based on the NTSB’s careful review of 

the above commentary, the NTSB will 

now require the reporting of ‘‘[a]ny 

event in which an aircraft operated by 

an air carrier: (A) [l]ands or departs on 

a taxiway, incorrect runway, or other 

area not designed as a runway; or (B) 

[e]xperiences a runway incursion that 

requires the operator or the crew of 

another aircraft or vehicle to take 

immediate corrective action to avoid a 

collision.’’ 

The NTSB has concluded that this 

clarification in the regulatory language 

is a logical outgrowth of the proposed 

language and is therefore consistent 

with the rulemaking requirements of the 

APA. 

List of Subjects in 49 CFR Part 830 

Aircraft accidents, Aircraft incidents, 

Aviation safety, Overdue aircraft 

notification and reporting, Reporting 

and recordkeeping requirements. 

In conclusion, for the reasons 

discussed in the preamble, the NTSB 

amends 49 CFR Part 830 as follows: 

PART 830—NOTIFICATION AND 

REPORTING OF AIRCRAFT 

ACCIDENTS OR INCIDENTS AND 

OVERDUE AIRCRAFT, AND 

PRESERVATION OF AIRCRAFT 

WRECKAGE, MAIL, CARGO, AND 

RECORDS 

1. The authority citation for 49 CFR 

Part 830 is revised to read as follows: 

Authority: Independent Safety Board Act 

of 1974, as amended (49 U.S.C. 1101–1155); 

Federal Aviation Act of 1958, Public Law 85– 

726, 72 Stat. 731 (codified as amended at 49 

U.S.C. 40101). 

2. Section 830.5 is amended as 

follows: 

A. The section introductory text, 

paragraph (a) introductory text, 

paragraphs (a)(3) through (a)(5), and 

footnote 1 are revised. 

B. Paragraphs (a)(8) through (a)(12) 

are added. 

§ 830.5 Immediate notification. 

The operator of any civil aircraft, or 

any public aircraft not operated by the 

Armed Forces or an intelligence agency 

of the United States, or any foreign 

aircraft shall immediately, and by the 

most expeditious means available, 

notify the nearest National 

Transportation Safety Board (NTSB) 

office,1 when: 

(a) An aircraft accident or any of the 

following listed serious incidents occur: 

* * * * * 

(3) Failure of any internal turbine 

engine component that results in the 

escape of debris other than out the 

exhaust path; 

(4) In-flight fire; 

(5) Aircraft collision in flight; 

* * * * * 

(8) Release of all or a portion of a 

propeller blade from an aircraft, 

excluding release caused solely by 

ground contact; 

(9) A complete loss of information, 

excluding flickering, from more than 50 

percent of an aircraft’s cockpit displays 

known as: 

(i) Electronic Flight Instrument 

System (EFIS) displays; 

(ii) Engine Indication and Crew 

Alerting System (EICAS) displays; 

(iii) Electronic Centralized Aircraft 

Monitor (ECAM) displays; or 

(iv) Other displays of this type, which 

generally include a primary flight 

display (PFD), primary navigation 

display (PND), and other integrated 

displays; 

(10) Airborne Collision and 

Avoidance System (ACAS) resolution 

advisories issued either: 

(i) When an aircraft is being operated 

on an instrument flight rules flight plan 

and compliance with the advisory is 

necessary to avert a substantial risk of 

collision between two or more aircraft; 

or 

(ii) To an aircraft operating in class A 

airspace. 

(11) Damage to helicopter tail or main 

rotor blades, including ground damage, 

that requires major repair or 

replacement of the blade(s); 

(12) Any event in which an aircraft 

operated by an air carrier: 

(i) Lands or departs on a taxiway, 

incorrect runway, or other area not 

designed as a runway; or 

(ii) Experiences a runway incursion 

that requires the operator or the crew of 

another aircraft or vehicle to take 

immediate corrective action to avoid a 

collision. 

Dated: December 16, 2009. 

Deborah A. P. Hersman, 

Chairman. 

[FR Doc. E9–30398 Filed 1–6–10; 8:45 am] 

BILLING CODE 7533–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Parts 21 and 22 

[FWS–R9–MB–2009–0002; 91200–1231– 

9BPP] 

RIN 1018–AW44 

Migratory Bird Permits; Changes in the 

Regulations Governing Falconry 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, published a final rule 

in the Federal Register on October 8, 

2008, to revise our regulations 

governing falconry in the United States. 

With this action, we make several 

changes to those regulations to correct 

inconsistencies and oversights and 

make the regulations clearer. 

DATES: This regulations change will be 

effective on February 8, 2010. 

FOR FURTHER INFORMATION CONTACT: Dr. 

George T. Allen, Division of Migratory 

Bird Management, U.S. Fish and 

Wildlife Service, 703–358–1825. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 8, 2008, we published a 

final rule in the Federal Register (73 FR 

59448) to revise our regulations 

governing falconry in the United States. 

We eliminated the requirement for a 

Federal permit to practice falconry, and 

made other changes to make it easier to 

understand the requirements for the 

practice of falconry, including take of 

raptors from the wild, and the 

procedures for obtaining a falconry 

permit. The rule also added a provision 

allowing us to approve falconry 

regulations that Indian Tribes, States, or 

U.S. territories adopt. The rule became 

effective November 7, 2008, and 

changed the Code of Federal 

Regulations (CFR) at 50 CFR parts 21 

and 22. 

After publication of the rule, we 

received questions from the public 


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928 Federal Register / Vol. 75, No. 4 / Thursday, January 7, 2010 / Rules and Regulations 

about some aspects of the final rule. On 

July 22, 2009, we proposed revisions to 

the falconry rule in the Federal Register 

(75 FR 36158) to clarify or correct some 

provisions in the rule. 

Comments on the Proposed Rule 

We received 13 comments on the 

proposed rule. Several of the comments 

were about provisions in the falconry 

regulations for which we did not 

propose changes, and therefore are not 

summarized here. 

Comment. ‘‘With one exception the 

changes are well thought out and will 

improve the regulations. The exception 

is your plan to now cite for the first time 

the Birds of Conservation Concern 2008 

as restricting the take of raptors for 

falconry. I am not in favor of citing or 

using this document to place further 

restrictions on the take of raptors for 

falconry. The Federal lists of 

endangered and threatened wildlife, 

including raptors, currently place 

appropriate restrictions on the take of 

raptors by falconers. Your agency’s 

environmental assessments have 

repeatedly shown that the take of 

raptors for falconry has no measurable 

environmental impact on wild raptor 

populations. Past Federal Falconry 

Regulations have not cited the Birds of 

Conservation Concern 2008. Therefore, 

citing the Birds of Conservation Concern 

2008 in the new Federal Falconry 

Regulations does not seem necessary or 

justified from a biological standpoint. 

Furthermore, the thrust of the new 

Federal Falconry Regulations is to turn 

the regulation of falconry over to the 

States. States do monitor non-game 

wildlife and have and will in the future 

place restriction of the take of raptors 

for falconry when there is a biological 

reason to do so. It seems reasonable to 

let the States address the take of 

Federally non-threatened and nonendangered raptors for falconry without 

a new layer of Federal restrictions. 

Adding the Birds of Conservation 

Concern 2008 to the new Federal 

Falconry Regulations will have the 

effect of adding a new layer of 

restrictions that are simply not needed 

or justified.’’ 

Response. We have removed the 

reference to the Birds of Conservation 

Concern (BCC) list, and have specified 

the raptor species that may not be taken 

from the wild by Apprentices. The 

listing may appear to add a new 

restriction to the falconry rules, but it 

does not. With the exceptions of eagles 

and threatened or endangered species, 

the species that Apprentices may take 

from the wild are already based on the 

status of raptors in the 2002 BCC list, 

although the regulations did not 

explicitly cite the BCC list. This 

regulations change is made to make the 

list better match the status of raptor 

species found in the United States. We 

may change the regulations at a later 

date if any raptor species is added to, or 

removed from, the BCC list of species of 

national concern. 

Comment. ‘‘The prohibition of a 

threatened or endangered species is 

unnecessary. This blocks possession of 

a bird which could come from many 

sources, including rehabilitation where 

a bird could be flown for a season to be 

trained to survive in the wild. Since the 

States are effectively applying this 

limitation, this is unnecessary language. 

At the least the prohibition should be 

for take of these species, not for 

possession.’’ 

Response. We believe that this 

comment is about the prohibition on 

possession of threatened or endangered 

species by Apprentice falconers. The list 

of species available to Apprentices was 

expanded considerably when we 

revised the falconry regulations. 

However, because they are learning care 

of raptors and the practice of falconry, 

we do not believe it is advisable for 

Apprentices to possess threatened or 

endangered species. Apprentices are 

precluded from possessing only six 

species of threatened or endangered 

Falconiformes or Strigiformes—only one 

of which is suitable for falconry. 

Comment. ‘‘This proposed change 

remains unclear regarding 

‘organizations’ [sic] use of falconry 

raptors. NAFA and other associations as 

well as State falconry associations 

appear to be negatively impacted by this 

proposed language. An interpretation of 

this regulation could mean that falconry 

associations may not use a depiction of 

a falconry raptor in a pamphlet, 

brochure, video, or other medium 

promoting its organization * * *. We 

respectfully request this be clarified to 

permit falconry organizations the use of 

depictions of falconry raptors for 

purposes directly related to falconry and 

the promotion of falconry associations 

and organizations. 

‘‘While I appreciate enabling the use 

of a falconry bird for demonstrating and 

advertising falconry equipment, this is 

still more constrictive than necessary, 

and certainly more restrictive than other 

countries who are also party to our 

treaties. This would still block use of a 

falconry bird to photograph for 

education, such as illustrating a medical 

condition. It would block the 

photography of a bird and the 

videotaping of the bird to demonstrate 

training, flying, or hunting. And much 

of the sport is about enjoyment—of our 

birds, our relationship, and the 

activities. Just filming them for our own 

enjoyment or even profit. As long as 

these birds held under a falconry permit 

are used primarily for falconry, there is 

nothing wrong with allowing them to be 

used for many other purposes. I applaud 

the efforts to allow their use for 

education, abatement, breeding, and 

even rehabilitation (such as parenting 

orphaned raptors). However this section 

can be interpreted to make anything 

from falconry catalogs to training videos 

illegal. It appears aimed to ensure no 

falconer uses their bird in a Harry Potter 

movie, but the potential problems in 

that space are so incredibly minor 

compared to the risk this introduces to 

activities at the core of falconry. I 

support erasing the entire section which 

is ill conceived and poorly formed.’’ 

Response. We agree with some of the 

concerns expressed by commenters, and 

we have changed the provisions in this 

paragraph. For example, it is acceptable 

to use a falconry bird in a publication 

about the care or health of raptors. 

However, we continue to disallow the 

use of falconry raptors in purely 

commercial endeavors. 

Comment. ‘‘ ‘[I]mprint’ definition—I 

certainly do not try to isolate an 

‘imprint’ falconry bird from other 

raptors during the period as described 

in proposed definition. In order to raise 

a successful imprint, one that is not 

adversely affected by ‘new’ objects & 

circumstance, many feel that it is 

important to expose the bird to as much 

of the world as one might encounter 

after training, while out hunting, and 

while in the mew or weathering, & 

while traveling. Being able to raise & 

train as a falconer deems necessary is 

important to the continued success of 

the raptor’s integration into a different 

aspect of the taking of prey—that means 

exposure to other raptors (to be seen & 

to see). This is a normal part of a 

raptor’s world and part of a falconry 

bird’s learning process. This definition 

is simply not the truth and may be 

construed to mean that when one trains 

an imprint, they must isolate the bird 

and part of that is not to allow the bird 

to see other raptors. I understand the 

need for discussing imprints however in 

truth all birds are imprints. This is not 

what I believe the regulations are 

speaking to. Encarta dictionary uses a 

definition for imprint as ‘zoology 

intransitive verb to learn an attraction to 

members of the same species or 

substitutes very early in life.’ Clearly the 

terminology as correctly used in the 

course of falconry is that an imprint is 

denoted as a hand raised raptor meaning 

raising by or assisted by human contact 

* * * [T]he restriction and definition 

provided is invalid and unnecessary 


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Federal Register / Vol. 75, No. 4 / Thursday, January 7, 2010 / Rules and Regulations 929 

and that the reason for hand raising is 

for the young raptor to have an 

attraction for or to bond with others, the 

falconer especially.’’ 

Response. We believe that the point of 

this comment is that falconry birds need 

not be isolated from other raptors to 

imprint on humans. We changed the 

definition accordingly. 

Revisions to the Falconry Regulations 

We make the following significant 

changes to the proposed rule in 

paragraphs (d)(1)(ii)(A)(4), (e)(3), and 

(f)(9)(ii). In addition to these changes, 

we implement numerous small 

clarifications or changes to make the 

information or requirements in the 

regulations consistent. 

(1) We clarify the definition of the 

term ‘‘imprint’’ in 50 CFR 21.3 by 

changing the definition to mean a bird 

that is hand-raised from 2 weeks of age 

until it has fledged, and has identified 

itself with humans rather than its own 

species. 

(2) After publishing the final rule in 

October 2008, we received inquiries 

about the prohibition in 50 CFR 

21.29(c)(3)(i)(E) on possession of 

captive-bred raptors by Apprentice 

falconers. We neglected to clearly 

prohibit possession of wild raptors of 

threatened or endangered species in this 

subsection of our final rule. We 

continue to disallow take and 

possession of eagles and of threatened 

and endangered species by Apprentice 

falconers, as well as take of raptor 

species of conservation concern, though 

Apprentice falconers may possess 

lawfully acquired BCC species. We 

revise paragraph (c)(3)(i)(E) to clarify 

this issue for the public and to clarify 

that an Apprentice falconer may have a 

hybrid raptor of most species. 

(3) In our October 2008 final rule, we 

stated in § 21.29(c)(3)(ii)(C) that, to 

advance to the level of General 

Falconer, an Apprentice Falconer must 

‘‘have practiced falconry with wild 

raptor(s) at the Apprentice Falconer 

level or equivalent for at least 2 years, 

including maintaining, training, flying, 

and hunting the raptor(s) for at least 4 

months in each year.’’ However, because 

apprentices need not use wild raptors to 

advance to the General Falconer level, 

we remove the word ‘‘wild’’ from this 

requirement. Likewise, we correct 

§ 21.29(g)(5)(ii), to make the 

requirements listed match those in 

§ 21.29(c)(3)(ii)(C). Finally, for the same 

reason, we remove the word ‘‘wild’’ from 

§ 21.29(d)(1)(ii)(A). 

(4) We revise paragraph (c)(7)(i) to 

require banding by replacing the words 

‘‘in lieu of a’’ with the words ‘‘in 

addition to the’’ in the second sentence. 

The four species named in that 

paragraph must be banded with a 

nonreusable band that we will provide 

to the State, tribe, or territory. 

(5) In our October 2008 final rule, we 

stated in § 21.29(d)(1)(ii)(A)(4) that for 

housing falconry raptors that ‘‘[e]ach 

raptor must have a pan of clean water 

available.’’ In cold weather conditions 

and with some perch types, this 

requirement is impractical, and 

potentially harmful. We change the 

requirement to clarify that, if practical, 

a water pan should be made available 

for a falconry bird. 

(6) In an oversight, our October 2008 

final rule stated at § 21.29(e)(3)(ii) that 

General or Master falconers ‘‘may take 

raptors less than 1 year of age from the 

wild during any period or periods 

specified by the State, tribe, or 

territory.’’ We clarify § 21.29(e)(3)(i) to 

disallow take of nestlings by Apprentice 

falconers. 

(7) We correct language in 

§ 21.29(e)(iii) to clarify take of golden 

eagles by Master falconers. 

(8) After our October 2008 final rule 

was published, we were asked about the 

use of falconry birds in demonstrating 

or advertising falconry-related items 

such as hoods and telemetry equipment. 

We add a sentence to § 21.29(f)(9)(ii) 

clarifying that filming, photography, or 

illustration of falconry birds to 

demonstrate or advertise falconry 

equipment or educational materials, for 

scientific purposes, and for the purposes 

of nonprofit falconry organizations is 

allowed. 

(9) We revise the language in 

paragraph 22.24(b) to make it clear that 

a federal permit is required to take 

golden eagles under a Federal 

depredation permit or under a 

depredation control order. 

(10) Finally, we also correct paragraph 

designations for several subparagraphs 

by indicating that the designations 

should have published in italics to 

conform with style requirements of the 

Office of the Federal Register, which 

requires that paragraph designations in 

the CFR follow this order: (a), (1), (i), 

(A), (1), and (i). 

Required Determinations 

Regulatory Planning and Review 

The Office of Management and Budget 

(OMB) has determined that this 

proposed rule is not significant under 

Executive Order 12866. OMB bases its 

determination upon the following four 

criteria: 

a. Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

b. Whether the rule will create 

inconsistencies with other Federal 

agencies’ actions. 

c. Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

d. Whether the rule raises novel legal 

or policy issues. 

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 entities (that 

is, small businesses, small 

organizations, and small government 

jurisdictions). However, no regulatory 

flexibility analysis 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 because the 

changes we are proposing are intended 

primarily to clarify and correct small 

problems with the published 

regulations. 

Consequently, we certify that because 

this proposed rule will not have a 

significant economic effect on a 

substantial number of small entities, a 

regulatory flexibility analysis is not 

required. 

This rule is not a major rule under the 

SBREFA (5 U.S.C. 804(2)). It will not 

have a significant economic 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. There are no costs to 

permittees or any other part of the 

economy associated with these 

regulation changes. 

b. This rule will not cause a major 

increase in costs or prices for 

consumers, individual industries, 


cprice-sewell on DSK8KYBLC1PROD with NOTICES
930 Federal Register / Vol. 75, No. 4 / Thursday, January 7, 2010 / Rules and Regulations 

Federal, State, or local government 

agencies, or geographic regions. The 

practice of falconry 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. Falconry is an 

endeavor of private individuals. Neither 

regulation nor practice of falconry 

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. A 

small government agency plan is not 

required. Neither regulation nor practice 

of falconry affects small government 

activities. 

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. 

Though States may have to revise their 

falconry regulations to comply with the 

proposed revisions, nearly every State 

already has falconry regulations in 

place. Therefore, revisions of the State 

regulations should not be significant. 

Takings 

In accordance with E.O. 12630, the 

rule does not have significant takings 

implications. A takings implication 

assessment is not required. This rule 

does not contain a provision for taking 

of private property. 

Federalism 

This rule does not have sufficient 

Federalism effects to warrant 

preparation of a Federalism assessment 

under E.O. 13132. It will not interfere 

with the States’ ability to manage 

themselves or their funds. No significant 

economic impacts are expected to result 

from the regulation of falconry. 

However, this rule provides the 

opportunity for States to cooperate in 

management of falconry permits and to 

ease the permitting process for permit 

applicants. 

Civil Justice Reform 

In accordance with E.O. 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 

We examined this rule under the 

Paperwork Reduction Act of 1995. OMB 

has approved the information collection 

requirements of the Migratory Bird 

Permits Program and assigned OMB 

control number 1018–0022, which 

expires November 30, 2010. This 

regulation change does not add to the 

approved information collection. 

Information from the collection is used 

to document take of raptors from the 

wild for use in falconry and to 

document transfers of raptors held for 

falconry between permittees. A Federal 

agency 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 evaluated the environmental 

impacts of the significant changes to 

these regulations, and determined that 

the clarifications and corrections in this 

rule do not have any environmental 

impacts. Within the spirit and intent of 

the Council on Environmental Quality’s 

regulations for implementing the 

National Environmental Policy Act 

(NEPA), and other statutes, orders, and 

policies that protect fish and wildlife 

resources, we determined that these 

regulatory changes do not have a 

significant effect on the human 

environment. 

Under the guidance in Appendix 1 of 

the Department of the Interior Manual at 

516 DM 8, we conclude that the 

regulatory changes are categorically 

excluded because they ‘‘have no or 

minor potential environmental impact’’ 

(516 DM 8.5(A)(1)). No more 

comprehensive NEPA analysis of the 

regulations change is required. 

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 this rule will not 

interfere with tribes’ ability to manage 

themselves or their funds or to regulate 

falconry on Tribal lands. 

Energy Supply, Distribution, or Use 

E.O. 13211 requires agencies to 

prepare Statements of Energy Effects 

when undertaking certain actions. 

Because this rule only affects the 

practice of falconry in the United States, 

it is not a significant regulatory action 

under E.O. 12866, and will not 

significantly affect energy supplies, 

distribution, or use. Therefore, this 

action is not a significant energy action 

and no Statement of Energy Effects is 

required. 

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 

negligible. 

Socioeconomic. The proposed action 

will have no socioeconomic impacts. 

Raptor populations. This rule will not 

change the effects of falconry on raptor 

populations. 

Endangered and Threatened Species. 

This proposed rule has language 

additions or changes that clarify 

protections for endangered and 

threatened species. The rule does not 

itself make any changes to those 

protections. 

Compliance With Endangered Species 

Act Requirements 

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 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)). These 

regulatory corrections and clarifications 

will not affect threatened or endangered 

species or their habitats in the United 

States. 

List of Subjects 

50 CFR Part 21 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Transportation, Wildlife. 

50 CFR Part 22 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation, Wildlife. 

For the reasons stated in the 

preamble, we amend part 21 of subpart 

C, subchapter B, chapter I, title 50 of the 

Code of Federal Regulations, as follows: 

PART 21—MIGRATORY BIRD PERMITS 

1. The authority citation for part 21 

continues to read as follows: 


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Federal Register / Vol. 75, No. 4 / Thursday, January 7, 2010 / Rules and Regulations 931 

Authority: Migratory Bird Treaty Act, 40 

Stat. 755 (16 U.S.C. 703); Public Law 95–616, 

92 Stat. 3112 (16 U.S.C. 712(2)); Public Law 

106–108, 113 Stat. 1491, Note Following 16 

U.S.C. 703. 

§ 21.3 [Amended] 

2. Amend § 21.3 in the definition of 

the term ‘‘Imprint’’ by removing the first 

sentence and adding in its place the 

sentence ‘‘Imprint, for the purposes of 

falconry, means a bird that is handraised, from 2 weeks of age until it has 

fledged, and has identified itself with 

humans rather than its own species.’’ 

§ 21.29 [Amended] 

3. Amend § 21.29 as follows: 

a. Redesignate paragraphs 

(c)(3)(i)(C)(1), (2), and (3) as paragraphs 

(c)(3)(i)(C)(1), (2), and (3); 

b. Revise paragraph (c)(3)(i)(E) to read 

as set forth below; 

c. Amend paragraph (c)(3)(ii)(C) by 

removing the word ‘‘wild’’ from the first 

sentence; 

d. Amend paragraph (c)(3)(iii) (C) by 

adding the words ‘‘for use in falconry’’ 

at the end of the paragraph; 

e. Redesignate paragraphs 

(c)(3)(iv)(A)(1) and (2) as paragraphs 

(c)(3)(iv)(A)(1) and (2); 

f. Amend newly redesignated 

paragraph (c)(3)(iv)(A)(2) by removing 

the words ‘‘(Buteo regalis)’’ from the first 

sentence; 

g. Amend paragraph (c)(3)(iv)(B) by 

adding the words ‘‘for use in falconry’’ 

at the end of the paragraph; 

h. Revise paragraphs (c)(7)(i) and (ii) 

to read as set forth below; 

i. Amend paragraph (c)(7)(iii)(A) by 

removing the words ‘‘immediately 

upon’’ and adding in their place the 

words ‘‘within 10 days of’’; 

j. Amend paragraph (d)(1)(ii)(A) by 

removing the word ‘‘wild’’; 

k. Redesignate paragraphs 

(d)(1)(ii)(A)(1), (2), (3), and (4) as 

paragraphs (d)(1)(ii)(A)(1), (2), (3), and 

(4); 

l. Revise newly redesignated 

paragraph (d)(1)(ii)(A)(4) to read as set 

forth below; 

m. Redesignate paragraphs 

(d)(1)(ii)(B)(1) and (2) as paragraphs 

(d)(1)(ii)(B)(1) and (2) and paragraphs 

(d)(1)(ii)(D)(1), (2), and (3) as paragraphs 

(d)(1)(ii)(D)(1), (2), and (3); 

n. Revise paragraph (d)(2)(ii) to read 

as set forth below; 

o. Amend paragraph (d)(4) by, in the 

last sentence, removing the words ‘‘your 

home’’ and adding in their place the 

words ‘‘the permanent facility where it 

is housed’’; 

p. Revise paragraphs (d)(9), (e)(1)(v), 

and (e)(3)(i) to read as set forth below; 

q. Amend paragraph (e)(3)(ii) by 

adding the word ‘‘only’’ between the 

words ‘‘take’’ and ‘‘raptors’’ in the first 

sentence; 

r. Remove paragraphs (e)(3)(iii) and 

(e)(3)(iii)(A) and (B); redesignate 

paragraphs (e)(3)(iii)(C), (D), and (E) as 

paragraphs (e)(3)(iii)(E), (F), and (G); 

and add new paragraphs (e)(3)(iii) and 

(e)(3)(iii)(A) through (D) to read as set 

forth below; 

s. Redesignate paragraphs 

(e)(3)(vi)(C)(1) and (2) as paragraphs 

(e)(3)(vi)(C)(1) and (2); 

t. Amend the heading of paragraph 

(e)(6) by removing the word ‘‘release’’; 

u. Amend paragraph (e)(8) by 

removing the words ‘‘at least two 

attached’’ and adding in their place the 

words ‘‘attached at least two 

functioning’’; 

v. Amend paragraph (e)(9)(i) by 

removing the word ‘‘species’’ and adding 

in its place the word ‘‘raptor’’ and by 

adding the word ‘‘permanently’’ between 

the words ‘‘not’’ and ‘‘release’’; 

w. Remove paragraph (e)(9)(iv); 

x. Amend paragraph (f)(5)(ii)(A) by 

removing the words ‘‘When you transfer 

the bird’’ and adding in their place the 

words ‘‘Within 10 days of transferring 

the bird’’; 

y. Amend paragraph (f)(9)(ii) by 

revising the text and adding paragraphs 

(A) and (B) to read as set forth below; 

and 

z. Amend paragraph (g)(5)(ii) by 

removing the words ‘‘taken from the 

wild’’ and ‘‘an average of 6 months per 

year, with.’’ 

§ 21.29 Falconry standards and falconry 

permitting. 

* * * * * 

(c) * * * 

(3) * * * 

(i) * * * 

(E) You may possess a raptor of any 

Falconiform or Strigiform species, 

including wild, captive-bred, or hybrid 

individuals, except a federally listed 

threatened or endangered species, a bald 

eagle (Haliaeetus leucocephalus), a 

white-tailed eagle (Haliaeetus albicilla), 

a Steller’s sea-eagle (Haliaeetus 

pelagicus), or a golden eagle (Aquila 

chrysaetos). 

* * * * * 

(7) * * * 

(i) If you take a goshawk, Harris’s 

hawk (Parabuteo unicinctus), peregrine 

falcon (Falco peregrinus), or gyrfalcon 

(Falco rusticolus) from the wild or 

acquire one from another falconer or a 

rehabilitator, and if the raptor is not 

already banded, you must band it with 

a permanent, nonreusable, numbered 

U.S. Fish and Wildlife Service leg band 

that your State, tribal, or territorial 

agency will supply. If you wish, you 

may purchase and implant an ISO 

(International Organization for 

Standardization)-compliant (134.2 kHz) 

microchip in addition to the band. You 

must report the band number when you 

report your acquisition of the bird. 

Contact your State, tribal, or territorial 

agency for information on obtaining and 

disposing of bands. Within 10 days from 

the day on which you take the raptor 

from the wild, you must report take of 

the bird by entering the required 

information (including the band 

number) in the electronic database at 

http://permits.fws.gov/186A or, if 

required by your permitting agency, by 

submitting a paper form 3–186A to your 

State, tribal, or territorial agency that 

governs falconry. You may request an 

appropriate band from your State, tribal, 

or territorial agency in advance of any 

effort to capture a raptor. Your State, 

tribe, or territory may require that you 

band other species taken from the wild. 

(ii) A raptor bred in captivity must be 

banded with a seamless metal band (see 

§ 21.30). If you must remove a seamless 

band or if it is lost, within 10 days from 

the day you remove or note the loss of 

the band, you must report it and request 

a replacement U.S. Fish and Wildlife 

Service nonreusable band from your 

State, tribe, or territory. You must 

submit the required information 

electronically immediately upon 

rebanding the raptor at http:// 

permits.fws.gov/186A or, if required by 

your permitting agency, by submitting a 

paper form 3–186A to your State, tribal, 

or territorial agency that governs 

falconry. You must replace a seamless 

band that is removed or lost. You may 

implant an ISO-compliant (134.2 kHz) 

microchip in a falconry raptor in 

addition to the seamless band. 

* * * * * 

(d) * * * 

(1) * * * 

(ii) * * * 

(A) * * * 

(4) Each falconry bird must have 

access to a pan of clean water unless 

weather conditions, the perch type 

used, or some other factor makes access 

to a water pan unsafe for the raptor. 

* * * * * 

(2) * * * 

(ii) You must submit to your State, 

tribal, or territorial agency that regulates 

falconry a signed and dated statement 

showing that you agree that the falconry 

facilities and raptors may be inspected 

without advance notice by State, tribal 

(if applicable), or territorial authorities 

at any reasonable time of day, but you 

must be present. If your facilities are not 

on property that you own, you must 

submit a signed and dated statement 


cprice-sewell on DSK8KYBLC1PROD with NOTICES
932 Federal Register / Vol. 75, No. 4 / Thursday, January 7, 2010 / Rules and Regulations 

showing that the property owner agrees 

that the falconry facilities and raptors 

may be inspected by State, tribal (if 

applicable), or territorial authorities at 

any reasonable time of day in the 

presence of the property owner; except 

that the authorities may not enter the 

facilities or disturb the raptors unless 

you are present. 

* * * * * 

(9) Falconry equipment and records 

may be inspected in the presence of the 

permittee during business hours on any 

day of the week by State, tribal, or 

territorial officials. 

* * * * * 

(e) * * * 

(1) * * * 

(v) If you are a Master Falconer and 

your State, tribe, or territory allows you 

to possess golden eagles, in any year 

you may take up to two golden eagles 

from the wild and only in a livestock 

depredation area during the time the 

depredation area and associated 

depredation permit or depredation 

control order are in effect. A livestock 

depredation area is declared by USDA 

Wildlife Services and permitted under 

§ 22.23, or upon the request of a State 

governor and authorized by the Service 

Director pursuant to §§ 22.31 and 22.32. 

* * * * * 

(3) * * * 

(i) If you are an Apprentice Falconer, 

you may take raptors less than 1 year 

old, except nestlings, from the wild 

during any period or periods specified 

by the State, tribe, or territory. You may 

take any raptor species from the wild 

except a federally listed threatened or 

endangered species or the following 

species: Bald eagle (Haliaeetus 

leucocephalus), white-tailed eagle 

(Haliaeetus albicilla), Steller’s sea-eagle 

(Haliaeetus pelagicus), golden eagle 

(Aquila chrysaetos), American swallowtailed kite (Elanoides forficatus), 

Swainson’s hawk (Buteo swainsoni), 

peregrine falcon (Falco peregrinus), 

flammulated owl (Otus flammeolus), elf 

owl (Micrathene whitneyi), and shorteared owl (Asio flammeus). 

* * * * * 

(iii) If you are a Master Falconer 

authorized to possess golden eagles for 

use in falconry, you may capture a 

golden eagle in a livestock or wildlife 

depredation area during the time the 

depredation area and associated 

depredation permit or depredation 

control order are in effect. 

(A) You may capture an immature or 

subadult golden eagle. 

(B) You may take a nestling from its 

nest in a livestock depredation area if a 

biologist representing the agency 

responsible for declaring the 

depredation area has determined that 

the adult eagle is preying on livestock 

or wildlife. 

(C) You may take a nesting adult 

golden eagle only if a biologist 

representing the agency responsible for 

declaring the depredation area has 

determined that the adult eagle is 

preying on livestock or wildlife and that 

any nestling of the adult will be taken 

by a falconer authorized to possess it or 

by the biologist and transferred to an 

individual authorized to possess it. 

(D) You must determine the locations 

of the livestock or wildlife depredation 

areas declared by USDA Wildlife 

Services, or published in the Federal 

Register by the Service in response to a 

State governor’s request. We will not 

notify you about them. 

* * * * * 

(f) * * * 

(9) * * * 

(ii) You may not use falconry raptors 

for commercial entertainment; for 

advertisements; as a representation of 

any business, company, corporation, or 

other organization; or for promotion or 

endorsement of any products, 

merchandise, goods, services, meetings, 

or fairs, with the following exceptions: 

(A) You may use a falconry raptor to 

promote or endorse a nonprofit falconry 

organization or association. 

(B) You may use a falconry raptor to 

promote or endorse products or 

endeavors related to falconry, including, 

but not limited to items such as hoods, 

telemetry equipment, giant hoods, 

perches, materials for raptor facilities, 

falconry training and education 

materials, and scientific research and 

publication. 

* * * * * 

PART 22—EAGLE PERMITS 

4. The authority citation for part 22 

continues to read as follows: 

Authority: 16 U.S.C. 668–668d; 16 U.S.C. 

703–712; 16 U.S.C. 1531–1544. 

5. Revise § 22.24(b) as follows: 

§ 22.24 Permits for falconry purposes. 

* * * * * 

(b) Transfer of golden eagles trapped 

by government employees to other 

permittees. If you have the necessary 

permit(s) from your State, tribe, or 

territory, a government employee who 

has trapped a golden eagle under a 

Federal depredation permit or under a 

depredation control order may transfer 

the bird to you if he or she cannot 

release the eagle in an appropriate 

location. A golden eagle may only be 

taken from a livestock or wildlife 

depredation area declared by USDA 

Wildlife Services and permitted under 

§ 22.23, or from a livestock depredation 

area authorized in accordance with 

Subpart D, Depredation Control Orders 

on Golden Eagles. 

Thomas L. Strickland, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2010–12 Filed 1–6–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No.0909111273–91431–02] 

RIN 0648–XR09 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Annual Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement the annual harvest guideline 

(HG) for Pacific mackerel in the U.S. 

exclusive economic zone (EEZ) off the 

Pacific coast for the fishing season of 

July 1, 2009, through June 30, 2010. 

This HG has been determined according 

to the regulations implementing the 

Coastal Pelagic Species (CPS) Fishery 

Management Plan (FMP) and establishes 

allowable harvest levels for Pacific 

mackerel off the Pacific coast. The total 

HG for the 2009–2010 fishing year is 

10,000 metric tons (mt) and is divided 

into a directed fishery HG of 8,000 mt 

and an incidental fishery of 2,000 mt. 

DATES: Effective February 8, 2010 

through June 30, 2010. 

ADDRESSES: Copies of the report Pacific 

Mackerel (Scomber japonicus) Stock 

Assessment for U.S. Management in the 

2009–2010 Fishing Year may be 

obtained from the Southwest Regional 

Office by contacting Rodney R. McInnis, 

Regional Administrator, Southwest 

Region, NMFS, 501 West Ocean Blvd., 

Suite 4200, Long Beach, CA 90802– 

4213. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, Southwest Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: The CPS 

FMP, which is implemented by 

regulations at 50 CFR part 660, subpart 

I, divides management unit species into 

two categories: actively managed and 


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