(c) How does a State or Tribe apply for a permit? Therefore, this action is not a significant energy action. (4) How the agency might minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of response. Some State agencies also voiced support for a new aquaculture depredation order or a new general depredation order without commenting specifically on a new State or Tribal special permit. If a permit is justified, a USDA biologist will issue a WS Form 37 to the requestor. In addition to timing, the lack of reliable annual take from information under the previous depredation orders complicated our ability to assess the impacts of the orders on cormorant populations. 2003. In regard to comments questioning which entities may remain eligible to apply for and receive individual depredation permits, the Service acknowledges this complexity and refers commenters to Table 1 in the FEIS, “Differences In Regulatory Frameworks That Would Address Conflicts Across All Alternatives,” Start Printed Page 85549which outlines how each alternative in the NEPA analysis would employ different proposed regulatory frameworks to address conflicts relating to cormorants. Therefore, this rule is not a “significant regulatory action” under the Unfunded Mandates Reform Act. The report must detail the amount of lethal take that occurred under their permit and for what purpose the take was conducted. 2012. 9/2010 . documents in the last year, 776 original to the USFWS Migratory Bird Permit Office responsible for your State. The U.S. They expressed concern that funding of population monitoring (and monitoring of take) would be sourced from State budgets if population monitoring is stepped down to the Flyways. Another stated that the concept of adaptive management only appeared once in the DEIS, in reference to the perceived benefits of Alternative A allowing flexibility in a State's or a Tribe's cormorant control strategies to achieve desired fisheries benefits. If a State or Tribe determines a permit under this rule would meet their needs, upon receiving the permit, that State or Tribe would have the discretion to determine whether, when, where, and for which of the above purposes they conduct lethal take within limits and allocations set by the Service. Another State agency suggested commercial aquaculture facilities and private landowners be required to report annually, at a minimum, and noted that issuing annual permits provides accurate and timely reporting to maintain compliance with permit provisions. To alleviate conflicts with cormorants, we used a method called Potential Take Level (PTL) analyses (Wade 1998, Runge et al. Each year, before hunting migratory game birds, including doves and waterfowl, hunters 16 years of age and older are required to obtain a … A Tribal Commission commented in support of Alternative D, a general depredation order. Those States and Tribes not wishing to obtain this new permit may apply for a depredation permit (50 CFR 21.41) to address site-specific conflicts with cormorants. A proposed rule, soliciting comments on this collection of information for 30 days, was published on June 5, 2020 (85 FR 34578). Given the controversial nature of this issue and the novel approach toward reducing conflicts, the Service concludes annual permits and annual reporting by permittees are appropriate at this time. (612) 713-5436 Fax (612) 713-5393 Email: [email protected] This report will include, but not be limited to: (1) Updated cormorant population status and trends; (2) reported lethal take of Start Printed Page 85548cormorants nationally and by cormorant population; (3) updated PTL analyses based on new or more current population information; (4) the state of the conflicts described in the scope of the rule and an assessment of the need for continued management, as reported by requests for depredation permits (both individually and programmatically by participating States and Tribes); and (5) a conflict-management decision and justification for either continued management or a proposed new management approach, if appropriate and needed. 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.” We have complied with provisions of the ESA as necessary to ensure that this new regulation is not likely to jeopardize the continued existence of any species designated as endangered or threatened or destroy or adversely modify its critical habitat. The Service acknowledges that decoys can be effective in luring birds into sites to make them easier to kill, particularly those that are gregarious by nature. attach photocopies of any relevant federal permits you possess or have applied for. We’ve made big changes to make the eCFR easier to use. Division of Migratory Bird Management, Falls Church, Virginia. Agency Response to Geographic and Temporal Scope Comments: The new permit would be available to all States and federally recognized Tribes in the contiguous 48 States. Reasons for support of the no action alternative generally indicate that this option would focus lethal control explicitly on birds that are committing or about to commit depredation or harm/damage, identifies and defines a limited and specific set of types of conflicts, requires permittees to demonstrate they have exhausted reasonable nonlethal methods of management, and requires the Service approval lethal control on a case-by-case basis. The need to ensure adequate monitoring and reporting to manage take while considering the limited State resources was cited by some State agencies as well. These methods, such as habitat management and dispersal, must be tried or deemed likely to be ineffective. Migratory Bird Treaty Act (MBTA) The MBTA (16 USC §§703–711) includes provisions for protection of migratory birds, including the nonpermitted take of migratory birds, under the authority of the USFWS and CDFG. States and Tribes applying for the first time must consult with the USDA Wildlife Services for an assessment of the appropriate level of take and provide recommendations of short-term measures to provide relief from depredation and long-term measures to help eliminate or significantly reduce conflicts. Nontarget take of any other avian species must be reported to your permit office with your annual report including species, number, and description of events.” The application for this permit can be found in Appendix H of the FEIS, and we cross-reference the FEIS for additional comments and responses on this issue not directly related to this rulemaking. They further commented that they felt the DEIS did not provide information on how nonlethal methods are used in a comprehensive approach. Some commenters noted that nonlethal measures may work for a limited time period, but some birds may become habituated. View the list of MBTA protected birds. To ensure biological sustainability, the Service used the most recent cormorant population data available to develop the PTL model. It was viewed 12 times while on Public Inspection. Hunter, W.C., W. Golder, S. Melvin, and J. Wheeler. USACE. Other migratory bird permits, forms and contact Aviculture, taxidermy, airport, damage or danger, eiderdown, scientific, contact information. prohibits possession of any bird protected by treaties between the United States and Canada, Mexico, Japan, and Russia unless the possession is authorized under regulation and/or by permit. Migratory Bird Permit Office Mailing Address. The Service encourages the State and Tribal agencies to seek a new permit under this final rule to accomplish its goals, as that permit would be less costly, but also sufficient for a State or Tribe to meet its needs. States, Tribes, their employees, and subpermittees may not sell, offer for sale, barter, or ship for the purpose of sale or barter any double-crested cormorants taken under this section or their parts or eggs. Population-specific recommended levels of take are: Atlantic, 37,019; Interior, 78,632; Western, 9,077; and Southern (Florida), 1,314. (v) We reserve the right to suspend or revoke any permit, as specified in §§ 13.27 and 13.28 of this subchapter. The Service will also produce a report every 5 years, and additionally as needed, that provides analyses from population-monitoring efforts and other status information. Use the PDF linked in the document sidebar for the official electronic format. Ind. on We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. Box 25486, DFC 60154 Denver, CO 80225-0486 CORE Project Number 19-004 . Entities other than private landowners who want to reduce depredations of fish in their private ponds may be eligible to apply for permits other than the special cormorant permit. The Service will formally convene meetings with the Flyway Councils and other relevant stakeholders to develop a specific cormorant population monitoring plan. In most cases, any person, agency, corporation or municipality will need a U.S. Similarly, some commenters also submitted additional data considerations and analyses. of the issuing agency. However, we recommend being more conservative and allowing take only up to the lower 20 percent of the distribution of the PTL annually (121,504 cormorants). For added clarity in response to these comments, the following is a condition that would be part of any permit issued by the Service under the preferred alternative in this FEIS: States and Tribes and their subpermittees must use nonlethal methods, and independently determine that those methods are insufficient in controlling the depredation conflict, before lethally taking double-crested cormorants. New Electronic Permitting System We have a launched a new electronic permitting system. Entities requested that the Service provide an outline of a cormorant population monitoring regime as a foundation for current consideration by stakeholders and as the basis for stakeholder meetings with the Service following the publication of the record of decision. In all cases under a new permit, States and Tribes would be required to respond to questions as part of a permit application, and document all take that occurs under their permit(s), and provide the Service with a report by January 31 for activities conducted during the preceding calendar year. Our authority derives from the Migratory Bird Treaty Act of 1918 (MBTA; 16 U.S.C. The Service added specific permit conditions for piping plover (Charadrius melodus), interior least tern (Sterna antillarum), and wood stork (Mycteria americana): (1) A buffer zone for wood storks for all activities; (2) a buffer zone for these three birds when discharging firearms; and (3) a buffer zone for these three birds for egg oiling, CO2 asphyxiation, egg destruction, or nest destruction. Atlantic Flyway Council and Mississippi Flyway Council. better and aid in comparing the online edition to the print edition. 2017. To provide added clarity, the Service included as part of the application for a new permit that permittees must agree that, “(e) Anyone taking birds under this permit must be skilled in double-crested cormorant identification. The National Oceanographic and Atmospheric Administration's National Marine Fisheries Service (NOAA Fisheries) had previously determined that a reduced cormorant population of 5,380 to 5,939 breeding pairs on East Sand Island in the Columbia River Estuary would restore juvenile steelhead survival to the environmental baseline levels (NOAA Fisheries 2014), and the Service authorized lethal take at levels that attempted to achieve that colony abundance. These commenters also asked how much potential new monitoring or reporting a State would have to agree to, and the amount of time and resources that would need to be invested. The only people for me are the mad ones, the ones who are mad to live, mad to talk, mad to be saved, desirous of everything at the same time, the ones who never yawn or say a commonplace thing, but burn, burn, burn like fabulous yellow roman candles exploding like spiders across the stars and in the middle you see the blue center light pop and everybody goes “Awww!" In accordance with the Unfunded Mandates Reform Act (2 U.S.C. The Department of the Interior strives to strengthen its government-to-government relationship with Indian Tribes through a commitment to consultation when appropriate and recognition of their right to self-governance and Tribal sovereignty. offers a preview of documents scheduled to appear in the next day's Please refer to this website for more information of who to contact for assistance. Our DEIS discussed climate change, and we noted that there remains some uncertainty regarding effects of climate change, but the Service can estimate that there will likely be less water available in the Great Basin, and cormorant colonies may shift locations. However, a small government agency plan is not required. Another State agency stated that the method by which take will be allocated across the western population is unclear from the DEIS and needs to be clarified. An official website of the United States government The Service makes decisions given this uncertainty by using the data and modeling available and adapting through time as change occurs. publication in the future. On June 5, 2020, the Service published a notice of proposed rulemaking (proposed rule; 85 FR 34578), and the Environmental Protection Agency published notice of a draft environmental impact statement (DEIS) (85 FR 34625). Recent case law determined that the MBTA did not apply to indirect harm or incidental take of migratory birds such as habitat loss [Mahler v. U.S. Forest Service 927 F. Supp. Permittees may also consult with USDA Wildlife Services for additional assistance to determine when nonlethal methods are insufficient. The private property owner or occupant should also allow access at all reasonable times, including during actual operations, to any Service special agent or refuge officer, State or Tribal wildlife or deputy wildlife agent, warden, protector, or other wildlife law enforcement officer on the premises where they are, or were, conducting activities. ), (b) passive deterrents (e.g., netting, exclusion devices, nest deterrents, etc. Respondent's Obligation: Required to obtain or retain a benefit. OMB has approved the information collection requirements of the permit and assigned OMB Control Number 1018-0175. Dear Jeremy: 13211 and would not significantly affect energy supplies, distribution, or use. California, Hawaii, Idaho, Nevada, Oregon, Washington, Pacific Island Territories . This permit would provide State wildlife management agencies and Tribes flexibility within predefined guidelines to address conflicts caused by cormorants within their jurisdictions. OMB has reviewed the information collection requirements in this rule and assigned OMB Control Number 1018-0175. You can find addresses for the Regional Directors in 50 CFR 2.2. documents in the last year, 41 2020-28742 Filed 12-28-20; 8:45 am], updated on 1:30 PM on Friday, January 8, 2021, updated on 8:45 AM on Friday, January 8, 2021. Other damage control methods of take consistent with accepted wildlife damage management programs may be authorized. However, landowners taking such actions would face the possibility of being cited for violations of the MBTA, as well as fines for such violations. Types of migratory bird permits. They are native to North America and range widely across the continent, typically inhabiting wetlands and adjacent upland habitats. In response to ongoing damage at aquaculture facilities and other damage and conflicts associated with increasing cormorant populations, the Service administered regulations that included, in addition to Depredation Permits (located at 50 CFR 21.41), an Aquaculture Depredation Order (which was located at 50 CFR 21.47) beginning in 1998 and a Public Resource Depredation Order (which was located at 50 CFR 21.48), which began in 2003. (2) FWS Form 3-202-56, Annual Report: The State or Tribe must submit an annual report (FWS Form 3-202-56) detailing activities, including the dates, Start Printed Page 85545numbers, and locations and life stages of birds, eggs, and nests taken and nonlethal techniques utilized, by January 31 for activities conducted during the preceding calendar year. Permits issued by the Service to take birds are one method available to reduce conflicts. FWS-HQ-MB-2019-0103. Another State agency requested that the Service convene meetings with the Flyways and other relevant stakeholders to develop a specific cormorant population monitoring plan. The Service determined this threshold by using a Potential Take Limit (PTL) model, which uses underlying cormorant population metrics (productive rates, survival rates, etc.) We arranged the comments addressing the information collections by overarching themes and provide a synopsis of the comments related to each theme, along with the Service's response to each theme, as indicated below: Several State agencies and organizations commented on the need for funding and technical support to implement a new State-wide special permit as described in the preferred alternative. ), and species identified in State- or Tribal-specific legislation as threatened or endangered) or those listed as Species of Greatest Conservation Need in State Wildlife Action Plans, where take activities to prevent depredation on aquatic Species of Greatest Conservation Need may occur only in natural or public waters; (4) Damage to State- or Tribal-owned property and assets; and. Ecological Applications 22:1114-1130. (a) What is the special double-crested cormorant permit, and what is its purpose? Regulations pertaining to specific migratory bird permit types are at 50 CFR parts 21 and 22. conducting your transaction by mail, 1. 2020. and services, go to The Central Flyway Council indicated support for developing monitoring plans, and recommended that the four Flyways contribute recommendations on reasonable take allocations. In response to increasing requests for depredation permits to alleviate damage and conflicts associated with cormorants, the Service issued a final environmental impact statement (FEIS) pursuant to NEPA and made changes to the regulations governing the take of cormorants in 2003. A detailed description of the nonlethal methods (i.e., active hazing, passive hazing, habitat management, and changes in management practices) you have and/or will implement and how activities will address one or more of the issues specified above in this paragraph (1); c. The requested annual take of double-crested cormorants by life-stage, including eggs and nests; d. A description of long-term plans to eliminate or significantly reduce continued need to take double-crested cormorants; e. A statement indicating that the State or Tribe will inform and brief all employees and subpermittees of the requirements of these regulations and permit conditions; f. A list of all subpermittees who may conduct activities under the Special Double-Crested Cormorant Permit, including their names, addresses, and telephone numbers; and. The private property owner or occupant should also allow access at all reasonable times, including during actual operations, to any Service special agent or refuge officer, State or Tribal wildlife or deputy wildlife agent, warden, protector, or other wildlife law enforcement officer on the premises where they are, or were, conducting activities. Generally, commenters asked how the Service would: (1) Allocate take among all existing authorizations for take, including a new State and Tribal permit; (2) account for regional take under the national permit system; and (3) determine an upper limit of take for each State. Written comments and recommendations for the information collection should be sent within 30 days of publication of this document to www.reginfo.gov/​public/​do/​PRAMain. In making decisions, the Service strives to use an effective and transparent decision-making process that ensures input from migratory bird and fisheries management programs and other stakeholders, fulfills requirements under NEPA, and addresses key biological uncertainties. To apply for a new master banding permit, a completed bird banding permit application form must be submitted to the BBL Permits Office. Wade, P. 1998. Double-crested cormorants killed and nests/eggs destroyed under the authority of this permit must be properly disposed of by donation to an entity authorized by permit or regulation to receive migratory birds, or be destroyed completely in accordance with Federal, State, and/or local laws and ordinances. The Service establishes a new permit option under 50 CFR part 21 (Special Double-Crested Cormorant Permit) that is available to State and Tribal fish and wildlife agencies in the 48 contiguous United States to manage conflicts specifically associated with double-crested cormorants. 2019). One State agency recommended that the Service include private recreational pond owners in the scope of the new permit. The application will require previous take, nonlethal efforts undertaken, a newly completed WS Form 37 and your permit application fee. This rule would not interfere with the States' or Tribes' abilities to manage themselves or their funds. We have developed this rule in a manner consistent with these requirements. Each document posted on the site includes a link to the 14. Unless exempt under regulations at 50 CFR 21.12, you must o… Lethal take may occur by firearm in accordance with paragraph (5) above or lethal or live traps. Birds may not be retained for personal use. Permit Office for take of raptor nests (50 CFR 13, 21). the Federal Register. One of the stated needs for action is to address impacts from cormorants on special status species. The new special cormorant permit would be optional and available to State and Tribal fish and wildlife agencies in the 48 contiguous States to manage conflicts specifically associated with cormorants. 801 et seq. Rather, the goal of the Service is to reduce the number of conflicts with cormorants by combining lethal and nonlethal methods and allowing the lethal take of cormorants only when supported by information that such take would reduce conflicts. Some commenters also requested the Service specify permit conditions to protect nontarget and federally listed species. States and Tribes applying for the first time must consult with the U.S. Department of Agriculture's Wildlife Services for an assessment of the appropriate level of take and provide recommendations of short-term measures to provide relief from depredation and long-term measures to help eliminate or significantly reduce conflicts. Commenters provided many specific empirical details for the Service to consider, but, in general, considerations included the following issues: (1) The confidence interval for this western subpopulation is too large; (2) the take limit for the western subpopulation is much larger than historical take in the West; and (3) there was an error in the equation used to estimate a pre-breeding multiplier. SBA further stated that individual depredation permit applications are a significant burden for small businesses, citing lower take limits for cormorants and complications among Service regions in issuing permits. In providing clarity to potential permittees about the necessary information applicants need to provide in the application, the Service clarifies that the application does not include language that permittees gather data to assess the efficacy of take. With respect to the “no action alternative,” while individual permits do offer control on a site-specific case-by-case basis, they do not meet the purpose and need for action as cited in the DEIS. The Service encourages interested States and Tribes to communicate with the Service during the application process to best determine prioritization and allocation of authorized take of cormorants. We will issue such a permit only when we determine that an application submitted by a State or Tribal fish and wildlife agency meets the requirements set forth in paragraph (c) of this section. 2017. Re: Stearn’s Lake Bald Eagle Nest 2019 Annual Report . We provided the attendees of all the webinars with information on the following topics regarding cormorants, their management, and the regulations process: (1) Biology and population changes; (2) background of the issues and previous management approaches; (3) current management of conflicts; (4) proposed approaches and alternatives; and (5) the planning process for the NEPA analysis. g. The name and telephone number of the individual in your agency who will oversee the double-crested cormorant management activities authorized under the permit. The scope of management and take activities conducted under the permit is intended to reduce or prevent conflicts associated with cormorants for the following concerns: 1. Conflicts also exist between cormorants and conservation of other species and habitats in some areas. This was a typo in that the equation was used in its proper form to estimate a pre-breeding multiplier. 1536(a)(1)). Commenters cited that nonlethal methods are not effective in all cases; some may be cost-prohibitive, and some may not respond well in situations where birds may become habituated to nonlethal management. However, allocation of authorized take may be modified as conditions change once take is allowed. Step 3. The revised language reads, “(2) For each location(s), describe the nonlethal methods that you have used previously and/or plan on implementing, including (a) active hazing (e.g., horns, pyrotechnics, propane cannons, etc. Federal agencies 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. (4) How does the permit relate to existing State and Tribal law and Federal land? 2009. This is because the Service does not have the ability to adequately track where and when individuals might illegally take cormorants. 1501 et seq. 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