Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Proposed Rules 60691 

ORDERING (DATE) 

(a) Any supplies and services to be 

furnished under this contract shall be 

ordered by issuance of delivery orders or task 

orders by the individuals or activities 

designated in the contract schedule. Such 

orders may be issued from llllll 

through llllll (Insert dates). 

(b) All delivery orders or task orders are 

subject to the terms and conditions of this 

contract. In the event of conflict between a 

delivery order or task order and this contract, 

the contract shall control. 

(c)(1) If issued electronically, the order is 

considered ‘‘issued’’ when a copy has been 

posted to the Electronic Document Access 

system, and notice has been sent to the 

Contractor. 

(2) If mailed or transmitted by facsimile, a 

delivery order or task order is considered 

‘‘issued’’ when the Government deposits the 

order in the mail or transmits by facsimile. 

Mailing includes transmittal by U.S. mail or 

private delivery services. 

(3) Orders may be issued orally only if 

authorized in the schedule. 

(End of clause) 

[FR Doc. 2010–24386 Filed 9–30–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 21 

[Docket No. FWS-R9-MB-2010-0037] 

[91200-1232-0000] 

RIN 1018-AX24 

Migratory Bird Permits; Revisions to 

the Waterfowl Permit Exceptions and 

Waterfowl Sale and Disposal Permits 

Regulations for Muscovy Ducks 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, propose to revise the 

regulations regarding permit provisions 

for waterfowl. Specifically, we propose 

to revise certain permit provisions for 

the muscovy duck (Cairina moschata) at 

50 CFR 21.14, 21.25, and 21.54. We take 

this action to address public concerns 

resulting from a final rule we published 

on March 1, 2010 (75 FR 9316), that 

revised the regulations for the muscovy 

duck. We request comments from the 

public on these proposed changes to the 

regulations. 

DATES: Send comments on this proposal 

on or before December 30, 2010. 

ADDRESSES: You may submit comments 

by either one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on Docket No. FWS-R9-MB-2010-0037. 

• U.S. Mail or hand delivery: Public 

Comments Processing, Attn: FWS-R9- 

MB-2010-0037; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 North Fairfax 

Drive, Suite 222; Arlington, VA 22203- 

1610. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information that you provide. See the 

Public Comments section below for 

more information. 

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 

The muscovy duck is native to 

Mexico, and Central and South 

America. However, the species has 

recently expanded its range into 

Hidalgo, Starr, and Zapata Counties in 

south Texas. As a result of this natural 

expansion into the United States, on 

March 1, 2010, we published a final rule 

(75 FR 9282) adding the muscovy duck 

(Cairina moschata) to the List of 

Migratory Birds protected under the 

Migratory Bird Treaty Act (MBTA) (16 

U.S.C. 703–12). 

The muscovy duck has been 

introduced through human intervention 

to many parts of the United States. 

These feral muscovy ducks may appear 

much different than the muscovy duck 

in its native range, but biologically they 

are still Cairina moschata, and thus are 

accorded the protection of the MBTA. 

To reduce the spread of muscovy ducks 

in the wild, 50 CFR 21.14(g) prohibits 

the release of captive-reared muscovy 

ducks to the wild. 

On March 1, 2010, we also published 

a final rule that, among other things, 

established a control order to manage 

feral populations (75 FR 9316). The 

control order at 50 CFR 21.54 allows 

landowners and Federal, State, Tribal, 

and local wildlife management agencies, 

and their tenants, employees, or agents, 

to remove or destroy muscovy ducks 

(including hybrids of muscovy ducks), 

their nests, and eggs, anywhere outside 

their natural range, without a Federal 

migratory bird permit. Any muscovy 

duck removed live under this order 

must be: (1) placed with a facility where 

it will be maintained under conditions 

that will prevent its escape to the wild, 

(2) donated to public museums or 

public institutions for scientific or 

educational purposes, or (3) euthanized 

and disposed of by burying or 

incineration. 

In that March 1, 2010, final rule (75 

FR 9316), we also amended the 

regulations at 50 CFR 21 to prohibit 

sale, transfer, or propagation of muscovy 

ducks for hunting and any other 

purpose other than for sale as food. This 

action required revision of regulations 

governing permit exceptions for captivereared migratory waterfowl other than 

mallard ducks and governing waterfowl 

sale and disposal permits, as well as the 

addition of the control order described 

above. We also rewrote the affected 

regulations to make them easier to 

understand. 

After that final rule (75 FR 9316) was 

published, we were contacted by many 

individuals concerned about provisions 

in the rule that prohibit long-established 

muscovy duck activities, particularly 

keeping the ducks for exhibition, or as 

barnyard animals for personal 

consumption and egg production (rather 

than for sale as food). This document 

proposes changes to the regulations to 

address these concerns. 

Specific Proposed Changes to 50 CFR 

21.14 

In 50 CFR 21.14, we would remove 

the requirement that muscovy ducks 

may not be acquired, possessed, 

propagated, sold, or transferred, except 

for sale as food. We would add the 

following provisions to the regulations: 

• You do not need a permit to acquire, 

possess, or sell properly-marked, 

captive-reared muscovy ducks or 

their eggs; 

• You may not release muscovy ducks to 

the wild or to any location used by 

wild ducks; and 

• You may not sell or distribute 

muscovy ducks as pets. Muscovy 

ducks have been sold as pets and 

given as prizes, activities we intend 

to disallow. However, we do not 

consider muscovy show ducks to be 

pets. 

When we published the proposed rule 

to change the regulations for muscovy 

ducks on August 22, 2008 (73 FR 

49626), we were unaware that muscovy 

ducks are kept as barnyard animals, for 

consumption by their owners, and for 

egg production. We were not made 

aware of these issues until after our 

March 1, 2010, final rule was published 

(75 FR 9316). The changes we are 

proposing in this document would 

allow the continued keeping and 

production of muscovy ducks that were 

restricted by the March 1, 2010 final 

rule. We expect that these proposed 

regulations changes would have a very 

minimal impact on populations of wild 

ducks, and would facilitate 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
60692 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Proposed Rules 

longstanding activities by muscovy 

duck owners. 

We also propose editorial changes to 

reorganize the material in this section of 

the regulations, and to use simpler 

words and more straight-forward 

sentences in order to clarify, and use 

consistent terminology in, the 

requirements. 

Specific Proposed Changes to 50 CFR 

21.25 

In 50 CFR 21.25, we would remove 

the specific restrictions for muscovy 

ducks, including: 

• Disposing of muscovy ducks or eggs 

(see current § 21.25(b)(7)); 

• Limiting propagation of muscovy 

ducks only for sale as food (see 

current § 21.25(b)(8)); 

• Releasing muscovy ducks to the wild 

or transferring them for release to 

the wild (see current § 

21.25(b)(8)(i)); and 

• Selling or transferring muscovy ducks 

to be killed by shooting (see current 

§ 21.25(b)(8)(ii)). 

The proposed regulations at § 21.14 

address these issues; therefore, these 

topics do not need to be repeated in § 

21.25. 

We would add the following 

provision to the regulations at § 21.25: 

• You do not need a permit to acquire, 

possess, sell, or dispose of properly 

marked, captive-reared muscovy 

ducks or their eggs. 

Like the changes we are proposing to 

§ 21.14, these proposed changes would 

allow the continued keeping and 

production of muscovy ducks that were 

restricted by the March 1, 2010, final 

rule (75 FR 9316). We expect that these 

proposed regulations changes would 

have a very minimal impact on 

populations of wild ducks, and would 

facilitate longstanding activities by 

muscovy duck owners. 

In § 21.25, we also propose to clarify 

the marking requirements for live or 

dead birds transferred or sold by 

referencing the requirements at § 

21.13(b). This should help affected 

persons more easily understand, and 

comply with, the regulations. 

We propose editorial changes that 

reorganize the material in this section of 

the regulations, and clarify regulatory 

requirements by using simpler words, 

more straight-forward sentences, and 

consistent terminology. 

Specific Proposed Changes to 50 CFR 

21.54 

We would revise paragraph (c) to 

better address disposal of muscovy 

ducks removed from the wild. 

Public Comments 

We request comments or suggestions 

on this proposed rule from any 

interested parties. You may submit your 

comments and materials concerning this 

proposed rule by one of the methods 

listed in the ADDRESSES section. We will 

not consider comments sent by e-mail or 

fax or to an address not listed in the 

ADDRESSES section. 

If you submit a comment via http:// 

www.regulations.gov, your entire 

comment—including any personal 

identifying information—will be posted 

on the Web site. If you submit a 

hardcopy comment that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will post all hardcopy comments on 

http://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this proposed rule, 

will be available for public inspection at 

http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service (see FOR FURTHER INFORMATION

CONTACT). You may obtain copies of our 

previous actions concerning this subject 

by mail (see FOR FURTHER INFORMATION

CONTACT) or by visiting the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. 

Required Determinations 

Regulatory Planning and Review 

(Executive Order 12866) 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not significant, and has not reviewed 

this rule 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; and 

(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 (i.e., 

small businesses, small organizations, 

and small government jurisdictions). 

However, no regulatory flexibility 

analysis is required if the head of an 

agency certifies the rule would not have 

a significant economic impact on a 

substantial number of small entities. 

SBREFA amended the Regulatory 

Flexibility Act to require Federal 

agencies to provide the statement of the 

factual basis for certifying that a rule 

would not have a significant economic 

impact on a substantial number of small 

entities. We have examined this 

proposed rule’s potential effects on 

small entities as required by the 

Regulatory Flexibility Act, and have 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities, 

because the changes we are proposing 

are intended primarily to reduce the 

spread of an invasive species little used 

in commercial endeavors. 

This rule addresses captive-reared 

muscovy ducks that, for the most part, 

were already held when the species was 

added to our List of Migratory Birds at 

50 CFR 10.13. We expect no significant 

economic impacts to result from a 

regulations change allowing possession 

and sale of these ducks to continue. 

Further, there would be very minimal 

costs, if any, associated with this 

regulations change. Consequently, we 

certify that because this proposed rule 

would not have a significant economic 

effect on a substantial number of small 

entities, a regulatory flexibility analysis 

is not required. 

This proposed rule is not a major rule 

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

would not have a significant impact on 

a substantial number of small entities. 

a. This proposed rule would not have 

an annual effect on the economy of $100 

million or more. 

b. This proposed rule would not cause 

a major increase in costs or prices for 

consumers; individual industries; 

Federal, State, or local government 

agencies; or geographic regions. 

c. This proposed rule would not have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Proposed Rules 60693 

Unfunded Mandates Reform Act 

In accordance with the Unfunded 

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

seq.), we have determined the following: 

a. This proposed rule would not 

‘‘significantly or uniquely’’ affect small 

governments. A small government 

agency plan is not required. Actions 

under the proposed regulation would 

not affect small government activities in 

any significant way. 

b. This proposed rule would not 

produce a Federal mandate of $100 

million or greater in any year; i.e., it is 

not a ‘‘significant regulatory action’’ 

under the Unfunded Mandates Reform 

Act. 

Takings 

In accordance with E.O. 12630, the 

rule would not have significant takings 

implications. This proposed rule would 

not contain a provision for taking of 

private property. Therefore, a takings 

implication assessment is not required. 

Federalism 

This proposed rule would not have 

sufficient Federalism effects to warrant 

preparation of a Federalism assessment 

under E.O. 13132. It would not interfere 

with the States’ ability to manage 

themselves or their funds. This rule 

addresses captive-reared muscovy ducks 

that, for the most part, were already 

held when the species was added to our 

List of Migratory Birds at 50 CFR 10.13. 

Therefore, no significant economic 

impacts are expected to result from a 

regulations change allowing possession 

and sale of these ducks to continue. 

Civil Justice Reform 

In accordance with E.O. 12988, the 

Office of the Solicitor has determined 

that the rule would not unduly burden 

the judicial system and meets the 

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

of the Order. 

Paperwork Reduction Act 

We examined this proposed rule 

under the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.). There are no new 

information collection requirements 

associated with this proposed rule. We 

are not requiring any new permits, 

reports, or recordkeeping in this 

proposed rule. The FWS form we 

reference in the Proposed Regulation 

Promulgation section, FWS Form 3-186, 

Notice of Waterfowl Sale or Transfer, is 

approved under OMB Control Number 

1018-0022, which expires November 30, 

2010. An agency may not collect 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 proposed rule 

in accordance with the National 

Environmental Policy Act (NEPA; 42 

U.S.C. 4321 et seq.) and part 516 of the 

U.S. Department of the Interior Manual 

(516 DM). The change we propose is to 

allow people and agencies to continue 

ongoing activities with muscovy ducks. 

We completed an Environmental Action 

Statement addressing these changes, in 

which we concluded that the proposed 

regulations change requires no 

additional assessment of potential 

environmental impacts. 

Environmental Consequences of the 

Proposed Action 

This proposal would allow some 

activities with captive-reared muscovy 

ducks that the current regulations 

prohibit. Because release of muscovy 

ducks to the wild is currently 

prohibited, and would remain 

prohibited under this proposal, the 

environmental consequences of the 

proposed regulations changes are 

negligible. However, because these 

regulation changes will allow 

possession of muscovy ducks for uses 

that were previously prohibited, the 

number of muscovy ducks held in 

captivity will likely be higher, which 

may lead to an increase in the number 

of muscovy ducks escaping into the 

wild. 

Socioeconomic. This proposed rule 

would not have significant 

socioeconomic impacts. 

Migratory bird populations. This 

proposed rule would not affect wild 

migratory bird populations. 

Endangered and threatened species. 

The proposed rule would not affect 

endangered or threatened species or 

critical habitats. 

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)). 

Government-to-Government 

Relationship with Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American tribal 

Governments’’ (59 FR 22951), E.O. 

13175, and 512 DM 2, we have 

evaluated potential effects on Federally 

recognized Indian tribes and have 

determined that there are no potential 

effects. This proposed rule would not 

interfere with the tribes’ ability to 

manage themselves or their funds or to 

regulate migratory bird activities on 

tribal lands. 

Energy Supply, Distribution, or Use 

(E.O. 13211) 

On May 18, 2001, the President issued 

E.O. 13211 addressing regulations that 

significantly affect energy supply, 

distribution, and use. E.O. 13211 

requires agencies to prepare Statements 

of Energy Effects when undertaking 

certain actions. This rule is not a 

significant regulatory action under E.O. 

13211, and would 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. 

List of Subjects in 50 CFR Part 21 

Exports, Hunting, Imports, Reporting 

and record keeping requirements, 

Transportation, Wildlife. 

For the reasons stated in the 

preamble, we propose to amend part 21 

of subchapter B, chapter I, title 50 of the 

Code of Federal Regulations, as follows: 

PART 21—MIGRATORY BIRD PERMITS 

1. The authority for part 21 continues 

to read as follows: 

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. 

2. Revise § 21.14 to read as follows: 

§ 21.14 Permit exceptions for captivereared migratory waterfowl other than 

mallard ducks. 

(a) You may acquire live or dead, 

captive-reared, properly marked 

migratory waterfowl of all species, other 

than muscovy ducks (Cairina moschata) 

or their eggs, only from a holder of a 

valid waterfowl sale and disposal 

permit in the United States. You may 

possess and transport such waterfowl 

species and any progeny or eggs for your 

use without a permit. You also may 

lawfully acquire such waterfowl species 

outside of the United States with 

appropriate permits (see § 21.21 of 

subpart C of this part). If you acquire 

captive-reared waterfowl or their eggs 

(other than muscovy ducks and their 

eggs) from a waterfowl sale and disposal 

permittee, you must retain the FWS 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
60694 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Proposed Rules 

Form 3-186, Notice of Waterfowl Sale or 

Transfer, from the permittee for as long 

as you have the birds, eggs, or their 

progeny. 

(b) All progeny of captive-reared birds 

or from eggs of captive-reared birds 

must be physically marked in 

accordance with § 21.13(b). 

(c) With the exception of muscovy 

ducks, you may transfer or dispose of 

captive-reared birds or their eggs, 

whether alive or dead, to any other 

person only if you have a valid 

waterfowl sale and disposal permit (see 

§ 21.25 of subpart C of this part). 

(d) Lawfully-possessed and properlymarked birds may be killed, in any 

number, at any time or place, by any 

means except shooting. The birds may 

be killed by shooting only in accordance 

with all applicable hunting regulations 

governing the taking of like species from 

the wild (see part 20 of this subchapter). 

(e) At all times during possession, 

transportation, and storage, until the 

raw carcasses of such birds are finally 

processed immediately prior to cooking, 

smoking, or canning, you must leave the 

marked foot or wing attached to each 

carcass, unless the carcass is marked as 

provided in § 21.13(b). 

(f) Muscovy ducks. You do not need 

a permit to acquire, possess, or sell 

properly-marked, captive-reared 

muscovy ducks (Cairina moschata) or 

their eggs. You may not release captivereared muscovy ducks to the wild or to 

any location used by wild ducks. You 

may not sell muscovy ducks to be 

hunted or released to the wild, sell them 

or distribute them as pets, or transfer 

them to anyone to be hunted or released 

to the wild. Nothing in this section shall 

be construed to permit the taking of live 

muscovy ducks or their eggs from the 

wild. 

(g) Dealers in meat and game, hotels, 

restaurants, and boarding houses may 

serve or sell to their customers the 

carcass of any bird acquired from a 

holder of a valid waterfowl sale and 

disposal permit. 

3. Amend § 21.25 as follows: 

a. By redesignating paragraphs (a), (b), 

(c), (d), and (e) as paragraphs (b), (c), (d), 

(e), and (f); 

b. By adding a new paragraph (a) to 

read as set forth below; and 

c. By revising newly designated 

paragraphs (b) and (c) to read as set 

forth below. 

§ 21.25 Waterfowl sale and disposal 

permits. 

(a) Prohibition on taking waterfowl 

from the wild. You may not take 

migratory waterfowl or their eggs from 

the wild, except as provided for 

elsewhere in this subchapter. 

(b) Permit requirement. You do not 

need a permit to acquire, possess, sell, 

or dispose of properly-marked, captivereared mallard ducks (Anas 

platyrhynchos) or properly-marked, 

captive-reared muscovy ducks (Cairina 

moschata), or their eggs. You must have 

a waterfowl sale and disposal permit 

before you may lawfully sell, trade, 

donate, or otherwise dispose of other 

species of properly-marked, captivereared migratory waterfowl or their eggs. 

(c) Permit conditions. In addition to 

the general conditions set forth in part 

13 of this subchapter B, waterfowl sale 

and disposal permits are subject to the 

following conditions: 

(1) You may acquire waterfowl, other 

than mallard ducks or muscovy ducks, 

or their eggs, only from a person who 

has a valid waterfowl sale and disposal 

permit. 

(2) You must physically mark all 

offspring hatched in captivity before 

they are 6 weeks of age in accordance 

with § 21.13(b), unless you hold them 

at a public zoological park or a public 

scientific or educational institution. 

(3) Properly marked captive-reared 

birds may be killed, in any number, at 

any time or place, by any means except 

shooting. They may be killed by 

shooting only in accordance with all the 

applicable hunting regulations for the 

species (see part 20 of this subchapter). 

(4) During possession, transportation, 

and storage, until the raw carcasses of 

such birds are finally processed 

immediately prior to cooking, smoking, 

or canning, the marked foot or wing 

must remain attached to each carcass. 

However, if you have a State license, 

permit, or authorization that allows you 

to sell game, you may remove the 

marked foot or wing from the raw 

carcasses if the number of your State 

license, permit, or authorization has 

been legibly stamped in ink on the back 

of each carcass and on the wrapping or 

container in which each carcass is 

maintained, or if each carcass is 

identified by a State band on a leg or 

wing pursuant to requirements of your 

State license, permit, or authorization. 

(5) You may transfer or sell live or 

dead birds marked by a method listed in 

§ 21.13(b), or their eggs, at any time or 

place. 

(6) If you transfer captive-reared birds 

or their eggs, other than mallard ducks 

or muscovy ducks or their eggs, to 

another person, you must complete 

FWS Form 3-186, Notice of Waterfowl 

Sale or Transfer, and provide all 

information required on the form, plus 

the method or methods listed in § 

21.13(b) by which the birds are marked. 

(i) Give the original of the completed 

form to the person acquiring the birds 

or eggs. 

(ii) Retain one copy in your files. 

(iii) Attach one copy to the shipping 

container for the birds or eggs, or 

include it with shipping documents that 

accompany the shipment. 

(iv) By the end of the month in which 

you complete the transfer, mail two 

copies to the Fish and Wildlife Service 

Regional Office that issued your permit. 

* * * * * 

4. Revise § 21.54(c) as follows: 

(c) Disposal of muscovy ducks. Any 

muscovy duck removed live under this 

order must be: Any muscovy duck 

removed live under this order must be: 

(1) placed with a facility where it will 

be maintained under conditions that 

will prevent its escape to the wild, (2) 

donated to public museums or public 

institutions for scientific or educational 

purposes, or (3) euthanized and 

disposed of by burying or incineration. 

Any muscovy duck taken lethally under 

this order may be donated to a public 

museum or public institution for 

scientific or educational purposes. If it 

is not donated to a public museum or 

public institution, it must be disposed 

of by burying or incineration. You may 

not retain for personal use or 

consumption, offer for sale, or sell a 

muscovy duck removed under authority 

of this section, nor may you release it 

in any other location. 

Dated: August 31, 2010 

Eileen Sobeck, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2010–23139 Filed 9–30–10; 8:45 am] 

BILLING CODE 4310–55–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 217 

[Docket No. 100217098–0373–01] 

RIN 0648–AY64 

Taking and Importing Marine 

Mammals; Naval Explosive Ordnance 

Disposal School Training Operations 

at Eglin Air Force Base, Florida 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS has received an 

application from the U.S. Department of 


jlentini on DSKJ8SOYB1PROD with PROPOSALS