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. Damage to State- or Tribal-owned property and assets; and. We considered comments on the ANPR in developing the proposed rule, and comments on the DEIS and proposed rule when developing this final rule. original to the USFWS Migratory Bird Permit Office responsible for your State. 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. First, an equation had the denominator and numerator reversed. Further, current regulations allow the take of cormorants only for the purposes of reducing conflicts with and damage to aquaculture, human health and safety, threatened and endangered species (as listed under the ESA) and State-listed species of management concern, and personal property. That final rule in 2003 also established a depredation order that authorized Federal agencies, State fish and wildlife agencies, and Tribes in 24 States to take cormorants to reduce damage and conflicts with public resources without the need for a depredation permit. By authorizing conflict-management activities at the State or Tribal level, instead of at the Department of the Interior Regional level, management activities will be more responsive and timely than is currently the case. When lethal take is recommended, the individual or group experiencing problems will submit the Form 37 with the application and application fee to the USFWS and state agencies. Permit Conditions: Several commenters expressed concern that year-round lethal take will lead to high chick mortality through starvation, predation facilitated by human disturbance, a removal of parent(s), and/or exposure. This final rule brings all populations of double-crested cormorants under a common assessment framework to determine allowable levels of take. Further, since this permit is available only to States and Tribes, it does not impose an unfunded mandate on the private sector. The Endorsement is valid for 45 days. conducting your transaction by mail, 1. 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. 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. The new reporting and/or recordkeeping requirements identified below require approval by OMB: (1) FWS Form 3-200-90, Permit Application—Special Double-Crested Cormorant Permit (50 CFR part 21) (and associated amendments): This new permit would be available only to State or Tribal fish and wildlife agencies responsible for migratory bird management on lands and in waters managed by those agencies within their jurisdictions. This prototype edition of the 3501 et seq.). (iii) States and Tribes may designate subpermittees who must operate under the conditions of the permit. Under the no action alternative, the Service expects continued or enhanced conflict between cormorants and some economically important fisheries across the nation, as well as at some hatchery release sites. This action will not create inconsistencies with other agencies' actions or otherwise interfere with an action taken or planned by another agency. 801 et seq. better and aid in comparing the online edition to the print edition. Separately, some commenters voiced a preference for the use of decoys when implementing cormorant management actions. Several commenters voiced a preference for the Service to require only nontoxic shot and not allow the use of any lead ammunition. 2019. 3. activity concerning nongame migratory birds must be issued with a current corresponding federal permit. Fallon, and W.A. For example, two State agencies commented on the need to understand how the Service would allocate take among all authorization mechanisms. The Service therefore revised the language in the Start Printed Page 85550final rule to better encompass the lands and waters managed by State and Tribal fish and wildlife management agencies stating that, under this (special double-crested cormorant) 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. Permittees are expected to continue working with Wildlife Services for review of management plans and remaining current on best practices. Step 5. The Central Flyway Council indicated support for developing monitoring plans, and recommended that the four Flyways contribute recommendations on reasonable take allocations. 16. On January 22, 2020 (85 FR 3601-3603), the Service published an advance notice of proposed rulemaking (ANPR) and announced our intent to prepare a NEPA document indicating that the Service intended to establish new regulations regarding the management of double-crested cormorants. Under the Regulatory Flexibility Act (RFA; 5 U.S.C. The SBREFA amended the RFA to require Federal agencies to provide a certification statement of the factual basis for certifying that the rule will not have a significant economic impact on a substantial number of small entities. 1. Before sharing sensitive information online, make sure you’re on a .gov or .mil site by inspecting your browser’s address (or “location”) bar. Animal and Plant Health Inspection Service, Step-by-Step Guide to a Migratory Bird Depredation Permit. Presently, however, the Service does not have the necessary process or resources to adequately monitor take under any new depredation order. This page requires Javascript. 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. Step 3. 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. (3) How must States and Tribes dispose of or utilize cormorants taken under this permit? Individuals or entities apply for these permits to address site-specific conflicts, and each application is logged, evaluated, and acted upon (approved or rejected) on a case-by-case basis based on the merits of the permit application. Johnson, F.A., M.A.H. Similarly, another State agency recommended greater flexibility for State fish and wildlife agencies to authorize take to protect SGCN species. 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. (5) Depredation of wild and publicly stocked fish managed by State fish and wildlife agencies or federally recognized Tribes and accessible to the public or all Tribal members. SBA stated that an aquaculture depredation order would eliminate these burdensome and time-consuming application requirements. The special double-crested cormorant permits are subject to the conditions specified in the permit, the general conditions in 50 CFR part 13, and other requirements set forth elsewhere in this section, and, unless otherwise specifically authorized on the permit, the following conditions: (1) What are the limitations on management and take activities? Agency Response to use of Nonlethal Control: The Service agrees that harassment of cormorants may be effective in some areas, but ineffective in others. Similarly, commenters seek to clarify on who would be required to collect any such data. on 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. Step 2. 01/08/2021, 197 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. 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. As with the management of other migratory bird species, the Service expects costs of management to be shared among the Service, States, and Tribes. To reduce the risk of over-exploiting the western subpopulation, the Service will initially limit that annual take to half the PTL in the DEIS, or 4,539 individuals. Fish and Wildlife Service Regional Office. To apply for a new master banding permit, a completed bird banding permit application form must be submitted to the BBL Permits Office. developer tools pages. Journal of Wildlife Management 83:272-282. (2) When may a State or Tribe conduct management and control activities? Retain one copy of the completed form, mail one copy to your State permit office, and mail the original to the USFWS Migratory Bird Permit Office responsible for your State. It is in these situations where the Service anticipates lethal removal of cormorants would be warranted. documents in the last year, 68 (c) How does a State or Tribe apply for a permit? The application process involves the following steps: Step 1. Comments from the Flyway Councils indicated an interest in being involved in the development of the Service's monitoring plans. . 703-712. Arizona, New Mexico, Oklahoma, Texas. You will need to report your take and disposition of the carcass at the expiration of the permit. In accordance with E.O. However, allocation of authorized take may be modified as conditions change once take is allowed. Southeast United States Regional Waterbird Plan. Please reference OMB Control Number 1018-0175 in the subject line of your comments. 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. This form must be completed for each transfer, acquisition, release, loss, or rebanding of a migratory bird held under your permit. Until the ACFR grants it official status, the XML Pacific Flyway Council. In such cases, WS biologists complete an evaluation form (WS Form 37) that describes the incident and documents our recommendations for management options. The 2003 FEIS considered direct, indirect, and cumulative effects of alternatives for cormorant management in the United States and discussed mitigating measures. 01/08/2021, 860 Regarding the comment suggesting that some landowners may unlawfully take cormorants if they do not receive authorization to do so from the Service, we recognize that this activity may occur, but we can neither prevent unlawful activity nor predict where and when unlawful activity would occur in such cases. Learn more here. Endangered Species Act Section 7(a)(2) Supplemental Biological Opinion: Consultation on remand for operation of the Federal Columbia River Power System. In accordance with the Unfunded Mandates Reform Act (2 U.S.C. However, in cases concerning depredation issues, animals that may not otherwise depredate a particular area may do so when decoyed into that area. In addition, commenters also recommended that the Service ensure that States and Tribes applying for the special permit have conclusive data on a site-by-site basis indicating the effectiveness of cormorant management before take begins. Information Collection Requirements: Written comments and suggestions on the information collection requirements should be submitted within 30 days of publication of this document to www.reginfo.gov/public/do/PRAMain. 11. The Mississippi Flyway Council noted that they felt the 5-year monitoring plan seemed reasonable, and suggested the Service consider the participation of Flyway Councils to develop coordinated monitoring. 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 Service cannot yet provide the specificity requested on how the allocation of individual permits for aquaculture facilities and property owners would occur because the Service does not yet know how many States or Tribes would request the proposed new permit. The PTL limits apply to take for entire subpopulations (i.e., Florida, Western, and Atlantic plus Central). Adult birds may not be taken at any nest with young in it unless the take of adults addresses a human health and safety issue. Such a tool would reduce the likelihood of exceeding the annual take threshold or reaching the annual take threshold prior to the end of the year. 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. Patuxent Wildlife Research Center—Bird Population Studies. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. 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. Bird ecology and conservation: A handbook of techniques. Link. This error was propagated in estimating PTL. This rule will not have an annual economic effect of $100 million or adversely affect any economic sector, productivity, competition, jobs, the environment, or other units of government. The small business size standard defined for these businesses (as defined by the U.S. Small Business Administration) is businesses with revenues under $0.75 million. However, conflicts associated with cormorants and wild or publicly stocked fish would only be addressed through the special cormorant permit, which would only be available to fish and wildlife agencies of States and federally recognized Tribes in the contiguous 48 States. A hunting license is required to hunt crows. 2020. They ask if it is possible for the Service to consider a higher level of take (150 permits) under Alternative E for hatcheries to correspond to the higher level of authorized take, or the maximum allowable take, in Alternatives A-D. Allocation and Scope of Authorized Take: Several commenters submitted questions pertaining to how the Service would manage overall allocation of authorized take of cormorants. Other damage control methods of take consistent with accepted wildlife damage management programs may be authorized. 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. The PTL is a biologically based model and evaluates allowable take of cormorants in the contiguous 48 States. Birds may be euthanized by cervical dislocation, CO2 asphyxiation, or other methods recommended by the American Veterinary Medical Association. Adult birds may not be taken at any nest with young in it unless the take of adults addresses a human health and safety issue. This State asserts that they operate four State-owned hatcheries, where fingerlings are raised for stocking public water bodies for the enjoyment and recreational use of fisheries resources by the public. rendition of the daily Federal Register on FederalRegister.gov does not Please refer to this website for more information of who to contact for assistance. They are native to North America and range widely across the continent, typically inhabiting wetlands and adjacent upland habitats. The Central Flyway Council opined that increased reporting requirements and intensive monitoring of cormorant populations would be difficult for many State wildlife agencies, given limited personnel and budget constraints. One individual commented with concern that States may take the majority of the allocated take within a cormorant subpopulation's allowable take threshold within the PTL. 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