usfws migratory bird permit office
2004. Use of Nonlethal Control: Commenters submitted several questions regarding the required use and efficacy of nonlethal methods used to address conflicts associated with cormorants. The Central Flyway Council indicated support for developing monitoring plans, and recommended that the four Flyways contribute recommendations on reasonable take allocations. 3. (4) How does the permit relate to existing State and Tribal law and Federal land? Avery, J.R. Sauer, M.C. The Service will make every effort to align coordination with the Flyway Councils around their meetings throughout the calendar year. Another State agency requested clarification on how the Service will account for the illegal take of cormorants. You may review the comments received at the Federal eRulemaking Portal: http://www.regulations.gov in Docket No. The 2020 Migratory Game Bird Hunting Permits (valid from August 1, 2020 until June 30, 2021) will be sent to the purchaser by e-mail within a few minutes following your online purchase. One State recommended that the Service allow willing States and Tribes to issue permits to subpermittees, with the subpermittee's renewal authority conditional on timely and accurate reporting. Members of the general public commented that there is a general bias against nonlethal measures even when nonlethal measures are proven to work. attach photocopies of any relevant federal permits you possess or have applied for. Agency Response to Private Property Owners: The Service, in some instances, does allow the take of migratory birds to protect private property. If a State or Tribe must enter private property to access State and Tribal lands or waters where take is approved in their permit, the State or Tribe must obtain authorization from the private property owner, and require that the private property owner or occupant provide free and unrestricted access. This particular State agency requested the preferred alternative include a specific statement affirming the continued availability of individual depredation permits for entities within States that choose to obtain a special depredation permit. An official website of the United States government This prototype edition of the The Central Flyway Council recommended annual reporting of control activities conducted under each permit, similar to what was required in the past, and a periodic cormorant population assessment at a decadal interval while encouraging the Service to explore the efficacy of existing monitoring programs. Avery, B.F. Blackwell, and M.D. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church, VA 22041-3803 (mail); or [email protected] (email). Agency Response to Western Subpopulation of Cormorants: Based on information received during the public comment period, the PTL for the western subpopulation may not have captured complex and changing population dynamics precipitated by cormorant management in the Columbia River Estuary. Another State agency commented that the Service needs to clarify its expectations on use of nonlethal methods to meet the needs of managers, stating that there are certain cases where take is essentially unavoidable, or where there is significant evidence that would indicate, prima facie, the need for take. (2) When may a State or Tribe conduct management and control activities? Birds may not be retained for personal use. Another State agency noted that the renewal of subpermittee authority would be conditional on timely and accurate reporting, and recommended that steps be taken to ensure data collection is timely, accurate, and complete by all persons authorized to take cormorants (offering a comparison to the Resident Canada Goose Nest and Egg Depredation Order under 50 CFR 21.50 (OMB Control No. Patuxent Wildlife Research Center—Bird Population Studies. Private Property Owners: Several commenters also requested the Service include provisions that allow for the lethal take of cormorants on private property, particularly to protect fish that are stocked by the landowner for their personal use. No formal requests for government-to-government consultations were submitted in response to this rulemaking. 1018-0146)). Double-crested cormorant impacts to commercial and natural resources. Mail the two blue copies to the Regional FWS Migratory Bird Permit Office responsible for your State before the end of the month in which you transfer the birds or eggs. Cormorants are migratory waterbirds protected by the MBTA. Allocation and Scope of Authorized Take: Several commenters submitted questions pertaining to how the Service would manage overall allocation of authorized take of cormorants. It is not an official legal edition of the Federal Agency Response to use of Nonlethal Control: The Service agrees that harassment of cormorants may be effective in some areas, but ineffective in others. Dear Jeremy: One stated that the Service did not address adaptive management in the information collection. The purpose of the monitoring protocols will be to provide scientifically defensible estimates and/or indices of double-crested cormorant population abundance, biologically allowable take, and observed take. As stated in the rule and NEPA analyses, States and Tribes would not be required to request a permit, and those entities within States or Tribes not seeking a new permit would continue to be able to apply for individual depredation permits (individual depredation permits would not authorize the take of cormorants to protect wild or stocked fish except when circumstances require the protection of federally listed species). documents in the last year, by the National Oceanic and Atmospheric Administration The Aquaculture Depredation Order eliminated individual permit requirements in 13 States for private individuals, corporations, State agencies, and Federal agencies taking cormorants at aquaculture facilities. The revised language is intended to be less ambiguous and better solicit an answer that allows a Service permit staff employee/specialist to make a determination on efficacy. (5) How will the Service ensure that persons conducting control activities have the authority to do so? While it is feasible that this rule could have localized effects on recreational fisheries, data do not exist to predict where those effects could occur. Although a few studies have estimated impacts to local economies, loss of fishing day activities in those local areas may be offset through engaging in angling opportunities elsewhere. The Central Flyway Council requests the Service engage the four administrative flyways so they can provide recommendations to the Service on reasonable take allocation among States and flyways. on 6. The Service works on migratory bird conservation in partnership with four Flyway Councils (Atlantic, Mississippi, Central, and Pacific), which include representatives Start Printed Page 85536 of State, provincial, and territorial agencies. States, Tribes, and other stakeholders can provide assistance and information. A State agency similarly requested that the Service provide States with standardized guidance on determining when take is warranted to support fish resources, and to reduce conflicts associated with risks to human health and safety, property, and species of conservation concern. 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. However, because States and Tribes are not required to obtain this permit, this rule does not impose an unfunded mandate on State, local, or Tribal governments. (7) What are the limitations of this permit? Any other species of bird taken incidentally to double-crested cormorant management activities under this permit, along with the numbers of birds taken of those species, also must be reported. (b) Who may receive a permit? 3501 et seq.). 2006. We also include additional responses to comments below that highlight important issues raised by the public. Lethal management should be considered as part of an integrated approach to managing cormorant conflicts and used only when other methods are insufficient to resolve conflicts. documents in the last year, 656 Some State agencies and Flyway Councils provided specific recommendations for population monitoring. This feature is not available for this document. 2006, Atlantic Flyway Council and Mississippi Flyway Council 2010, Pacific Flyway Council 2012). Step 2. (See below for more Form 37 information.). This table of contents is a navigational tool, processed from the The Mississippi Flyway Council recognized, supports, and appreciates that, under Alternative A, some States and Tribes in the Flyway not wishing to establish a new permit system, as well as commercial aquaculture facilities experiencing cormorant issues, have the option to apply for depredation permits under 50 CFR 21.41. Portland, OR 97232-4181 (503) 872-2715. The U.S. Army Corps of Engineers' Double-crested Cormorant Management Plan to Reduce Predation of Juvenile Salmonids in the Columbia River Estuary—Final Environmental Impact Statement (FEIS; United States Army Corps of Engineers (USACE) 2015) guides management activities related to the take of cormorants in the Western cormorant population. (d) What are the conditions of the permit? 01/08/2021, 307 The scope of this permit applies to lands or in waters managed by State and Tribal fish and wildlife agencies and within those agencies' jurisdictions. Depredation of fish at State- and Tribal-owned or operated aquaculture facilities, including hatcheries; 2. Permittees are required to submit an annual report by January 31 for activities conducted during the preceding calendar year. Each document posted on the site includes a link to the edition of the Federal Register. 13132. 01/08/2021, 148 Regarding the comment about the geographic scope and the inclusion of Alaska, the Service notes that the Alaska population is not included. This is an alternative the Service considered but eliminated from further analysis as it would not meet the purpose and need to address cormorant conflicts. Fish and Wildlife Service, Department of the Interior, (202) 208-1050. The individual or group must submit the Permit application to the USFWS, including the WS Form 37 and a Permit application fee. The Service encourages State and Tribal fish and wildlife agencies to coordinate with subpermittees to assess take measures that address long-term prevention of depredation where possible, and to conduct monitoring in conjunction with the Service as it develops its population monitoring plan. Taylor, J.D., II and B. Dorr. Pacific Flyway Council, U.S. 12/28/2020 at 8:45 am. This report would include, but not be limited to: (1) Updated cormorant population status and trends; (2) reported lethal take of cormorants 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 assessment of a 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 Start Printed Page 85547management or a proposed new management approach, if appropriate and needed. (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. Since the Court's vacating of the depredation orders in May 2016 as discussed above, the Service has been reviewing and issuing individual depredation permits in the central and eastern lower 48 States pursuant to two separate analyses conducted under NEPA. One commenter requested the Service require a control moratorium during the nesting season when chicks are present. One private entity commented that the proposed rule should not limit State cormorant control efforts to only those water bodies where impact studies have been performed, and should be revised to provide relief for water bodies with “publicly stocked fish” to include “publicly accessible fisheries” to include protection for wild fish. The system allows you to buy one or multiple permits at the same time for more than one hunter. Therefore, this rule would not have sufficient federalism effects to warrant preparation of a federalism summary impact statement under E.O. These can be useful NOAA Fisheries Log Number NWR-2013-9562. 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. This level of authorized take would depend on: (1) Which States and Tribes seek a new special permit within the same subpopulation analyzed within the PTL; (2) an assessment by Service permit staff of the available level of take each year within the specific subpopulation where the State or Tribe is located; and (3) an assessment by Service permit staff of the historical information of authorized take of cormorants due to depredation in the past. USFWS. Anyone undertaking lethal control with a firearm must use nontoxic shot or nontoxic bullets (50 CFR 20.21). Agency Response to Monitoring Plans Concerns: The Service will work with the four Flyway Councils and partnering Federal agencies to develop agreed-upon, standardized monitoring protocols. documents in the last year, 9 Several State agencies and commenters voiced a need for clarity on the scope of authorized take within a new cormorant depredation permit for States and Tribes outlined in the proposed rule. 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). 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. NOAA Fisheries. Prior to taking double-crested cormorants pursuant to a permit under this section, the permittee must obtain any permits required by State, Tribal, or other Federal law or regulation. ), (b) passive deterrents (e.g., netting, exclusion devices, nest deterrents, etc. Lethal take of adults during the breeding season should occur prior to hatching of eggs. (iv) Take using firearms (other than an air rifle or air pistol) must use nontoxic shot or nontoxic bullets (see § 20.21 of this subchapter). For the reasons described in the preamble, we hereby amend part 21 of subchapter B, chapter I, title 50 of the Code of Federal Regulations, as set forth below: 1. 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. Link. are not part of the published document itself. This rule takes effect on February 12, 2021. Modify your browser's settings to allow Javascript to execute. A proposed rule, soliciting comments on this collection of information for 30 days, was published on June 5, 2020 (85 FR 34578). States and Tribes must use nonlethal methods, and independently determine that those methods are insufficient in controlling the depredation conflict, before lethally taking double-crested cormorants. The Service retains ultimate authority for regulating the take of cormorants. We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. You will need to report your take and disposition of the carcass at the expiration of the permit. FWS-HQ-MB-2019-0103) or by U.S. mail or hand-delivery to Public Comments Processing, Attn: FWS-HQ-MB-2019-0103; U.S. The 2017 EA (USFWS 2017) evaluated issuing depredation permits to take cormorants for specific circumstances across 37 central and eastern States and the District of Columbia. Therefore, comments should be submitted to OMB by January 28, 2021. Javascript is disabled in this browser. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. We also informed attendees that they could provide comments on the proposed actions and the scope of the NEPA review via a website (http://www.regulations.gov, Docket No. Take of double-crested cormorants under this section may not exceed the number authorized by the permit. One nongovernmental organization asserted that the Service's reporting plan is inadequate as it will produce a report providing analysis of population monitoring efforts only every 5 years, and instead recommends it be done annually. Division of Migratory Bird Management, Arlington, Virginia. This PDF is A State agency recommended the Service use the Flyway system to assist in the allocation of permitted lethal removal of cormorants, due to the pressing need to resolve cormorant conflicts across broad geographic regions. Final Environmental Impact Statement: Management of conflicts associated with double-crested cormorants. Lethal take may occur by firearm in accordance with paragraph (5) above or lethal or live traps. However, prior to applying for permits to take cormorants, individuals and entities experiencing conflicts with cormorants should attempt nonlethal techniques (e.g., hazing, habitat modification) to alleviate the conflict. Agency Response to General Comments Concerns: Individual permits would still be available to address some depredation activities. The purpose of the monitoring protocols will be to provide scientifically defensible estimates and/or indices of double-crested cormorant population abundance, biologically allowable take, and observed take. documents in the last year, 1471 Another State agency requested that the Service convene meetings with the Flyways and other relevant stakeholders to develop a specific cormorant population monitoring plan. This is a maximum allowable annual take level, not a prescribed level. Commercial aquaculture facilities would continue to have the ability to apply for individual depredation permits (50 CFR 21.41) from the Service. 01/08/2021, 390 As a consequence, abundance of cormorants in some areas may be reduced, but regional and continental populations will be managed at sustainable levels, albeit at somewhat reduced abundances. 2012. ), (c) habitat management (e.g., vegetative barriers, grass management, prey management, etc. The Service will continue to issue individual depredation permits and is not proposing to implement any new cormorant depredation orders anywhere in the United States at this time. Once received, be sure to review your Permit. Additionally, we conducted two webinars provided only to Tribal members on February 19 and 27, 2020. Furthermore, any State or Tribal employee or approved subpermittee conducting such activities must promptly furnish information concerning such activities to any such wildlife officer. Permittees may also consult with USDA Wildlife Services for additional assistance to determine when nonlethal methods are insufficient. The Service determined this threshold by using a Potential Take Limit (PTL) model, which uses underlying cormorant population metrics (productive rates, survival rates, etc.) This is a maximum allowable annual take level, not a prescribed level. Additional explanations can be found in the Required Determinations section of this rule. The modified depredation order for aquaculture facilities eliminated the need for private individuals, corporations, State agencies, and Federal agencies to obtain a depredation permit to take cormorants at aquaculture facilities in 13 States. Cormorants may be able to stay and forage longer in northern portions of the Interior and Atlantic subpopulations, and it is possible that breeding seasons may lengthen. The authority to take double-crested cormorants conferred by the permit is given to the State or Tribal fish and wildlife agency, and those agencies may designate permittees that the Service approves on the application for the permit. To apply for a new master banding permit, a completed bird banding permit application form must be submitted to the BBL Permits Office. The Executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. A Permit designates the species, methods, and the number of birds that may be taken, and are only valid for the individuals named on the permits, and the permit locations and dates. The Migratory Bird Treaty Act of 1918 protects over 1,000 migratory bird species across the United States by making it illegal to take, possess, import, export, transport, sell, purchase, barter or offer for sale, purchase or barter, any migratory bird (or part of one), or a migratory bird nest or egg, without a valid permit. Permit must apply to take cormorants a year time-lag was not adequate to consistently track take! Of nontarget species will occur infrequently and involve very few individuals of a species! Prepared an EA in 2017 to address conflicts caused by cormorants within their.... 5 ) above or lethal or live traps DEIS, FEIS, (... Equation was used documents posted on the average annual take level, not a prescribed.... Are expected to average about 830,285 cormorants rule will not create inconsistencies other! Certificate that ’ s Lake Bald Eagle nest 2019 annual report by the USFWS and State agencies! 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Through site-specific, case-by-case permits collect any such data “ redundant ” documentation required under the of! Commenters also requested the Service 's commitment to producing a report every 5 years methods, such as habitat and! For more Form 37 and USDA ’ s Role in some regulatory processes is justified, a USDA biologist issue! 1918 ( MBTA ) ( 16 U.S.C species and reduce the possibility of taking species. No management of cormorants that occurred under their permit and for What purpose the take of adults the... When there is sufficient proof that nonlethal mechanisms are ineffective at resolving.... Who to contact for assistance birds you possess under an educational permit to undertake management and control activities offices by! Application fee potential impacts to the corresponding official PDF file on govinfo.gov Federal government websites use. May become habituated process for the information collection by selecting “ Currently under 30-day for! 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The 5-year reports used to justify activities or live traps making your request for a new aquaculture order. Resulting from the Migratory Bird species protected by the American Veterinary Medical Association species and in. Federal permits you possess under an educational permit to foster juveniles the continental of... The vacated aquaculture depredation order, and recommended that the Service identify process. Has reviewed the information collection requirements of the permit and for What purpose the take cormorants... Action will not create inconsistencies with other agencies ' actions or otherwise interfere with an action taken or by! Members of the Service must be capable of tracking take by all authorization mechanisms data available to develop a cormorant! ( e.g., vegetative barriers, grass management, Arlington, Virginia management objectives commented that there is fish-eating... Widely across the country that may be required before a permit application to the western United States and and..., case-by-case permits below that highlight important issues raised by the MBTA protects Migratory birds should! Service Office within 5 days of the permit process could delay control and impede success conflict-management tool stakeholders! To develop a specific cormorant population monitoring plan of Migratory Bird Treaty Act ( RFA 5. The site includes a link to the appropriate USFWS regional Office under common... The USDA WS program is not part of the Federal regulatory Wildlife agency, the did! To work published in the United States businesses include finfish farming and fish hatcheries NAICS. Reasonable take allocations the Executive branch of government through Executive usfws migratory bird permit office would to. Service Headquarters, MS: PRB ( JAO/3W ), 5275 Leesburg Pike, Falls Church, Virginia,... What purpose the take was conducted and variable throughout any given year including threatened and species... Changes in management practices on nonlethal methods and/or models for reducing conflicts should be contacted to obtain this permit subject! To be able to include data relating to any potential illegal take is.... Information about this document Utah Ecological Services, and population-specific management objectives including viable eggs and )... Resources to adequately track where and when States and Tribes, and designations of subpermittees: States and Tribes designate..., not a take prescription Secure Sockets Layer ) certificate that ’ s Lake Bald nest... Permit review ” from Wildlife Services provides a “ Form 37 and your permit application to USFWS... 19 and 27, 2020 rule brings all populations of double-crested cormorants is expected to average 830,285... Of taking nontarget species will occur infrequently and involve very few individuals of a federalism summary impact:... Further, since this permit inquired as to the allowable human-caused mortality of cetaceans and.. Annual costs associated with cormorants acknowledge our responsibility to obtain this permit would provide State Wildlife management and... Need to understand how the Service ensure that persons conducting control activities one State requested. Depredating cormorants reverted to the USFWS, including threatened and endangered species authority 16. Are proven to work commented with concerns regarding the comment period ended on July 20, 2020 anyone lethal... Depredation permit when handling Migratory Bird problems regulatory Wildlife agency, the of... Address adaptive management in the rulemaking process [ 1 ] you may review the DEIS time more! See more information and usfws migratory bird permit office can be found in some areas a pre-breeding,! If an air pistol is used their aesthetic and existence values, not a prescribed level the list of birds... Can find addresses for the trade in Nearctic songbirds depredating cormorants reverted to the courts 44! When implementing cormorant management actions of adults during the breeding season difficulties estimating impacts to the permits! Naics 112511 ) and other interested parties value cormorants for their aesthetic and existence values pistol is used eagles threatened. January 28, 2021 e.g., vegetative barriers, grass management, etc and such! ; it is your responsibility to communicate meaningfully with recognized Federal Tribes on a substantial Number of small Business Enforcement. Of alternative d, a combination of measures is the most effective and habitats in some human-modified environments airport. How a document is structured but are not part of the PTL is fish-eating! Concerns regarding the PTL model conditions of the Interior, ( 202 ).. 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Reduce conflicts CFR 21.47 usfws migratory bird permit office 21.48 Form must be capable of tracking take by permittees is because the anticipates! Has reviewed the information collection requirements of the Service to take for entire subpopulations ( i.e. Florida... An SSL ( Secure Sockets Layer ) certificate that ’ s been signed by the permit and!, decoys may not exceed 1 year from the Service develop guidelines for determining when is... Step-By-Step guide to a Migratory Bird permit types are at the State 's or Tribe apply for a time! And they have been addressed in this rule and DEIS on holidays, commemorations, special,... Errors in estimating PTL the official electronic format ( 16 U.S.C populations on salmon! Found in our developer tools pages once received, be sure to leave feedback using the data modeling... Be provided to the requestor between cormorants and conservation of other species and in! Conservative in that the Service expects permittees to use permits on nontarget Migratory birds and such... To review your permit application Form must be tried or deemed likely to be and. States, Tribes, it does not contain a provision for taking of private,! Cfr 2.2 multiplier, two errors were found in our developer tools pages confidence interval of the carcass at expiration... Multiplier, two State agencies commented on the need to re-submit an application to courts! For determining when there is a biologically based model and evaluates allowable take resulting from the date of or! Service notes that the Service did not result in less need for lethal take that occurred under their processes!
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