601 et seq. Wildlife Services provides a “Form 37 Permit Review,” which is required to be completed and included with the application for first-time applicants only. Those States and Tribes interested in obtaining the new permit would likely have staff and resources in place with dedicated duties falling within the scope of conflicts associated with cormorants. As with previous regulations, any individual or entity conducting lethal take of cormorants under depredation permits or the depredation orders was required to submit a report detailing the take to the Service annually. 13. This may include donation to public museums or public scientific and educational institutions for exhibition, scientific, or educational purposes, or burial or incineration. In addition, States and Tribes and their subpermittees must make efforts to avoid disturbance to co-nesting species. Any State or Tribal agency, when exercising the privileges of this permit, must keep records of all activities, including those of subpermittees, carried out under the authority of the special permit. (v) We reserve the right to suspend or revoke any permit, as specified in §§ 13.27 and 13.28 of this subchapter. We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. Fish and Wildlife Service Regional Office. However, the Service concludes that this rule will result in an overall net benefit to facilities as it will provide another option to control double-crested cormorants that are negatively impacting their operations. While the Service is best equipped to accurately monitor the authorized and actual take of cormorants throughout the year under preferred Alternative A (the new State and Tribal permit in this final rule), a higher threshold for annual take will still yield benefits to the aquaculture industry and others in need of individual depredation permits. Similarly, the Service is rejecting the no action alternative because it could potentially have a negative effect on wild and publicly stocked fish, as it would not allow for take of cormorants found to be heavily depredating a fishery. Subpermittees can be employees of State and Tribal fish and wildlife agencies, U.S. Department of Agriculture's Wildlife Services employees, employees of other Federal, State, or Tribal agencies, or private companies licensed to conduct wildlife damage abatement and under direct control of the permittee. We evaluated this rule under the criteria in Executive Order 13175 and under the Department's Tribal consultation policy and have determined that this rule may have a substantial direct effect on federally recognized Indian Tribes. Learn more here. (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. It further states that “[e]ach Federal agency shall, in consultation with and with the assistance of the Secretary, insure that any action authorized, funded, or carried out by such agency . Agency Response to General Comments Concerns: Individual permits would still be available to address some depredation activities. Re: Stearn’s Lake Bald Eagle Nest 2019 Annual Report . 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. Find this particular information collection by selecting “Currently under Review—Open for Public Comments” or by using the search function. In accordance with Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments,” and the Department of the Interior's manual at 512 DM 2, we have considered the possible effects of this rule on federally recognized Indian Tribes. Each year, before hunting migratory game birds, including doves and waterfowl, hunters 16 years of age and older are required to obtain a … Wade, P. 1998. Separately, one State agency requested that the Service provide standardized population monitoring and reporting protocols needed to evaluate impacts of authorized take on cormorant populations, as well as criteria to be used to assess the cost and benefit of take on wild fish stocks, aquaculture facilities, human health and safety, property, and species of conservation concern. Please reference OMB Control Number 1018-0175 in the subject line of your comments. 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. Under this permit, the Service authorizes State and Tribal fish and wildlife agencies to conduct lethal take of double-crested cormorants that is normally prohibited and is intended to relieve or prevent impacts from cormorants on lands or in waters managed by those agencies within their respective jurisdictions or where States or Tribes manage wild or stocked fish that are accessible by the public or all Tribal members. be the Corps in coordination with the USFWS. 2020. Fish and Wildlife Service (USFWS) located within the Department of the Interior, issues permits under various wildlife laws and treaties, including the Migratory Bird Treaty Act. However, in cases concerning depredation issues, animals that may not otherwise depredate a particular area may do so when decoyed into that area. The Service will formally convene meetings with the Flyway Councils and other relevant stakeholders to develop a specific cormorant population monitoring plan. Journal of Wildlife Management 83:272-282. U.S. regulatory information on FederalRegister.gov with the objective of ).”, With regard to the question in the FWS Form 3-200-90, Permit Application, and the language requesting, “A statement indicating what information will be collected to assess whether the management and take of double-crested cormorants is alleviating the damage or other conflict,” the Service revised this language as well. 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. Final Environmental Impact Statement: Management of conflicts associated with double-crested cormorants. Step 3. The documents posted on this site are XML renditions of published Federal The State or Tribe must submit an annual report (FWS Form 3-202-56) detailing activities and purpose for take, including the date birds were taken, numbers, and locations and life stage of birds, eggs, and nests taken and nonlethal techniques utilized, by January 31 for activities conducted during the preceding calendar year. publication in the future. The Service initiated development of the FEIS prior to the establishment of updated Council on Environmental Quality regulations on September 14, 2020, and, therefore, the FEIS is written to comply with the previous regulations. We readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. The equation as written estimates the number of nonbreeders as a percentage of breeders, whereas it should have estimated the number of nonbreeders as a percentage of the total population. This new permit affects only State and Tribal governments and does not impact small businesses. Register (ACFR) issues a regulation granting it official legal status. The reversal did not result in any errors in estimating PTL. New Documents Commenters also expressed concern regarding the Service's commitment to producing a report every 5 years. Specifically, the no action alternative does not fully address the need for Tribes in the western region of the United States (excluding Alaska), to address cormorant impacts on fisheries—especially on hatchery-raised salmonids. 4. It protects over 1,000 species of migratory birds across the United States and makes 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. For more information, visit the USFWS Migratory Bird Program website (Leaves DEC website) or call DEC's Special Licenses Unit at 518-402-8985. In response to comments about a new aquaculture depredation order, we reference our response above. No formal requests for government-to-government consultations were submitted in response to this rulemaking. documents in the last year, by the National Oceanic and Atmospheric Administration Subpermittees can be employees of State and Tribal fish and wildlife agencies, USDA Wildlife Services employees, and employees of other Federal, State, or Tribal agencies or private companies specializing in wildlife damage abatement and under direct control of the permittee. Another State agency recommended that the Service develop and provide States with sampling protocols to assist with collecting and analyzing fish population data where cormorant control activities occur. on This would require a coordination step between those two regional permit offices, which is a standard operating practice for the Service when an applicant seeks to take migratory birds from States that occur in different administrative regions. 01/08/2021, 148 These can be useful Fish & Wildlife Service (USFWS) migratory bird depredation permit when handling migratory bird problems. 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. Runge, M.C., J.R. Sauer, M.L. Contact USDA WS for technical assistance, which includes a review of the site’s situation and suggestions for nonlethal methods to address the damage problem. You can find addresses for the Regional Directors in 50 CFR 2.2. We considered comments on the ANPR in developing the proposed rule, and comments on the DEIS and proposed rule when developing this final rule. And some commenters recommended the “no action” alternative, which would continue to address conflicts associated with cormorants within a specific scope with the issuance of individual permits. In all cases, the term of the permit may not exceed 1 year from the date of issuance or renewal. Therefore, a regulatory flexibility analysis is not required. (6) What are the reporting requirements of the permit? 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. Based on past take of cormorants, expected take is unlikely to exceed 2,000 annually. 2. Information about this document as published in the Federal Register. Richkus. Federal stamps are available at select US Post offices, by calling 1-800-STAMP24 (782-6724) or online at www.fws.gov. Title of Collection: Federal Fish and Wildlife Permit Applications and Reports—Special Double-Crested Cormorants; 50 CFR part 21. 5. 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. FWS-HQ-MB-2019-0103. At those levels of take, the continental population of double-crested cormorants is expected to average about 830,285 cormorants. 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. Lethal take may occur by firearm in accordance with paragraph (5) above or lethal or live traps. Therefore, comments should be submitted to OMB by January 28, 2021. Cormorant nest counts was missing a term needed to correctly estimate the proportion of nonbreeding birds fewer complaints cormorants... 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