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 . on In all cases, the term of the permit may not exceed 1 year from the date of issuance or renewal. 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. Agency Response to Development of Guidelines Concerns: The Service received many comments either in favor of or opposed to using nonlethal methods in all situations. 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. For example, two State agencies commented on the need to understand how the Service would allocate take among all authorization mechanisms. One State agency commented seeking clarification on implementation of nonlethal methods as well, stating that such a request is not feasible since the geographic distribution of State and Tribal fish hatcheries is too broad and each hatchery is taken on a case-by-case basis. Commenters further stated that the size of some hatcheries makes other methods difficult or too expensive to implement. Decoying birds may create, extend, or exacerbate conflicts (e.g., exacerbating a disease outbreak by attracting additional birds) where an issue may not exist or could be lessened if the birds had not been decoyed into the area; and could limit the ability of entities to obtain relief from cormorant conflicts due to the limited numbers of birds that could be taken to ensure sustainability of cormorant populations. Millsap, M.L. This site displays a prototype of a “Web 2.0” version of the daily Federal stamps are available at select US Post offices, by calling 1-800-STAMP24 (782-6724) or online at www.fws.gov. Some commenters recommended no management of the conflict, or managing the conflict with nonlethal management methods only. Comments and our responses pertaining to information collection are also set forth below in this document in Required Determinations, under Paperwork Reduction Act, as a majority of those comments pertained to information collection issues. 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. Agency Response to Funding/Resource Concerns: This new permit does not require a State or Tribe to process or issue any depredation permits to entities within their jurisdiction. Pacific Flyway Council. Another State agency commented that nonlethal control methods are often impractical or ineffective, as cormorants become habituated to persistent, affordable methods (e.g., noise-making deterrents, lasers, harassment from shore by hatchery personnel). Step 2. Impacts to threatened and endangered species (as listed under the ESA and listed 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. Tel. Sauer, J.R., D.K. Active nest take may occur by egg oiling or destruction of nest material and contents (including viable eggs and chicks). headings within the legal text of Federal Register documents. The reduction would be the result of fewer requests by States and Tribes for individual depredation permits previously needed compared to single State or Tribal permits that could be used; hence, total costs associated with permit applications and biological assessments of those applications likely will be lower. This action will not create inconsistencies with other agencies' actions or otherwise interfere with an action taken or planned by another agency. 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. In expanding authority given to the States and Tribes via this permit, workload burdens may shift with more being borne by the States and Tribes and less by the Service. Importantly, reducing the abundance of double-crested cormorants is not the goal of the Service or this new management action. Patuxent Wildlife Research Center—Bird Population Studies. 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. Regulations pertaining to specific migratory bird permit types are at 50 CFR parts 21 and 22. One State agency in that flyway requested clarification on 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. When conditions warrant, the USFWS can issue an individual or group the needed Permit to address damage caused by migratory birds by capturing or lethally removing the birds. SBA further stated that this rulemaking has the potential to increase costs to small private aquaculture facilities that are not otherwise able to employ effective methods of controlling cormorant damage and that have seen and may well continue to see an increase in cormorant feeding. With respect to the comment suggesting no management, or only using nonlethal controls, nonlethal management would essentially mean that the Federal Government would not issue any permits or other authorizations (i.e., depredation permits, depredation orders, control orders, or conservation orders) that would allow the take of cormorants to alleviate depredations or other conflicts. This take can include any migratory birds -- except for eagles and threatened and endangered species. NOAA Fisheries. To ensure biological sustainability, the Service used the most recent cormorant population data available to develop the PTL model. 8. 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. Methods of take are at the discretion of the permittee responsible for the action, but must be accomplished by means of humane lethal take or active nest take. As requests to take cormorants increase, the use of multiple individual depredation permits to address conflicts within State and Tribal jurisdictions will become increasingly time-consuming and burdensome. provide legal notice to the public or judicial notice to the courts. Fish and Wildlife Service R Contact Information egion 6 Migratory Bird Permit Office Utah Ecological Services Field Office P.O. Fish and Wildlife Service office within 5 days of the activity. 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. Relevant information about this document from Regulations.gov provides additional context. No permit is required merely to scare or herd migratory birds other than threatened or endangered species or bald or golden eagles (see 50 CFR 21.41). Total Estimated Annual Nonhour Burden Cost: None. The Service expects this special double-crested cormorant permit, which increases the flexibility of States and Tribes to address issues and also expands the scope of conflicts that can be addressed to wild and publicly managed fish, will result in increased efforts to reduce those conflicts, including lethal take of birds, nests, and eggs. 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. Separately, another State agency recommended that the Service provide detailed criteria regarding the annual reporting requirements. documents in the last year, by the Homeland Security Department (v) Individuals conducting lethal take activities may not use decoys, calls, or other devices or bait to lure birds within gun range. 5. Dear Jeremy: On the comment of taking cormorants at any location and at any time, actions under the permit may be conducted during any time of the year, unless specified otherwise in the permit's terms and conditions. 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. 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. One aquaculture farmer spoke about complications with having to apply and pay for two separate permits at two separate regional offices due to having farms in bordering States. documents in the last year, 776 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 President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. Exploitation. The Central Flyway Council indicated support for developing monitoring plans, and recommended that the four Flyways contribute recommendations on reasonable take allocations. 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. Cormorant abundance in North America has increased dramatically since the 1960s and 1970s, mostly due to the growth of the Interior and Atlantic populations. 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 works on migratory bird conservation in partnership with four Flyway Councils (Atlantic, Mississippi, Central, and Pacific), which include representatives Start Printed Page 85536of State, provincial, and territorial agencies. Wildlife Services (WS), located within the Department of Agriculture (USDA), is a non-regulatory program with a mission to provide Federal leadership and … An official website of the United States government
One State agency referenced the DEIS by concluding that the environmental impacts between Alternatives A and C would be similar, and stated that Alternative C would provide greater efficacy and less administrative burden for their agency. 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. Southeast United States Regional Waterbird Plan. The rule does not have a significant or unique effect on State, local, or Tribal governments or the private sector, and the permit is optional to States and Tribes. 1531-44) 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 Act” (16 U.S.C. This is the same type of model used to sustainably manage some migratory game bird species (band-tailed pigeons) and take levels for species such as black vultures. 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). 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. Airport. Actions under the permit may be conducted during any time of the year on lands or in waters managed by State or Tribal fish and wildlife agencies within their jurisdictions, or where States or Tribes manage wild or stocked fish that are accessible by the public or all Tribal members. legal research should verify their results against an official edition of We also informed attendees that they could provide comments on the proposed actions and the scope of the NEPA review via a website or by U.S. mail or hand-delivery. 12630, this rule does not contain a provision for taking of private property, and would not have significant takings implications. The OFR/GPO partnership is committed to presenting accurate and reliable This rule is not an E.O. documents in the last year, 235 Fish and Wildlife Service (USFWS)
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