Walters, and G.S. Taylor, J.D., II and B. Dorr. Another commenter asserted that nonlethal measures may work for a limited time period, but some birds may become habituated. Division of Migratory Bird Management, Falls Church, Virginia. 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. ).”, 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. This site displays a prototype of a “Web 2.0” version of the daily Damage to State- or Tribal-owned property and assets; and. Make note of the effective and expiration dates, number of wildlife allowed to be taken, approved disposal methods, approved subpermitees (if any), reporting requirements etc. 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. Respondents/Affected Public: State and/or Tribal governments. Therefore, this rule would not have sufficient federalism effects to warrant preparation of a federalism summary impact statement under E.O. Journal of Wildlife Management 83:272-282. Additionally, a registration/tracking tool would only be effective if those using the depredation order were willing to register and report take numbers on a regular and frequent basis. 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). Take of double-crested cormorants under this section may not exceed the number authorized by the permit. Often, a combination of measures is the most effective way to address conflicts associated with cormorants. Permittees need not submit a Form 37 for renewal applications unless requested by the regional Migratory Bird Permit Office. (b) We have determined and certify, in compliance with the requirements of the Unfunded Mandates Reform Act, 2 U.S.C. Birds may not be retained for personal use. We implement the provisions of the MBTA through the regulations in parts 10, 13, 20, 21, 22, and 92 of title 50 of the Code of Federal Regulations (CFR). 2015. Available at: http://www.waterbirdconservation.org/​. The system allows you to buy one or multiple permits at the same time for more than one hunter. 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. on Furthermore, the Service must identify monitoring requirements that could be used to assess the effects of lethal take on cormorant populations and to ensure take is commensurate with population status. Several States, organizations, and individuals commented on the need for more clarity and details from the Service with regard to the development of a cormorant population monitoring program, and how adaptive management will be incorporated. The new permit authorizes specific take activities that are normally prohibited and are intended to relieve or prevent impacts from cormorants on lands or in waters managed by State or Tribal fish and wildlife agencies to address conflicts related to the following issues: Wild and publicly stocked fish managed by State fish and wildlife agencies or federally recognized Tribes; Tribal- and State-owned or operated aquaculture facilities (including hatcheries); human health and safety; State- or Tribal-owned property and assets; and threatened and endangered species (listed under the Endangered Species Act of 1973, as amended, or 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. The regulations became effective in November 2003. 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. 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. 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. Regulations pertaining to specific migratory bird permit types are at 50 CFR parts 21 and 22. 2006, Atlantic Flyway Council and Mississippi Flyway Council 2010, Pacific Flyway Council 2012). This information is not part of the official Federal Register document. U.S. Department of the Interior. However, the total number of cormorants from each population that can be taken annually will be determined by the Service to ensure that cormorant populations are sustainable. Green, editors. Some commenters stated that the Service failed to address the cumulative impacts of climate change and other cormorant take, and should therefore evaluate the cumulative impact of other cormorant take, such as the planned hunting seasons in Ontario, Canada. 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. activity concerning nongame migratory birds must be issued with a current corresponding federal permit. 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. Any State or Tribal employee or approved subpermittee authorized to carry out management and take activities must have a copy of the permit and, if appropriate, the subpermittee's designation in their possession when carrying out any activities. This report will be provided to the public to promote transparency of decision-making and evaluate the effectiveness of this conflict-management tool. 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. 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. 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. 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). A number of State agencies recommended that the Service develop guidelines for determining when there is sufficient proof that nonlethal mechanisms are ineffective at resolving conflicts. 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. 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. (iv) A special double-crested cormorant permit issued or renewed under the regulations in this section expires on the date designated on the face of the permit unless it is amended or revoked, or at such time we determine that conflicts with cormorants within the bounds of the specific population of double-crested cormorants have been reduced to the point where lethal take is no longer necessary. In most cases, any person, agency, corporation or municipality will need a U.S. As we gain experience with this program, the Service could consider permits of longer duration, but additional NEPA analyses may be required for any additional rulemaking procedures or amendments. 703-712. These entities commented that the scope of the new special cormorant permit would allow States and Tribes to be able to take cormorants at any location and at any time. regulatory information on FederalRegister.gov with the objective of The Service is responsible for balancing the lethal take of cormorants to alleviate conflicts where available data support such take and maintaining sustainable populations of cormorants and minimizing the regulatory burden on Federal and State agencies, Tribes, and individual citizens. You may review the DEIS, FEIS, and the comments received at the Federal eRulemaking Portal: http://www.regulations.gov in Docket No. West Suite 990 Bloomington, MN 55437-1458. Please provide a copy of your comments to the Service Information Collection Clearance Officer, U.S. 12866. Please refer to this website for more information of who to contact for assistance. In accordance with E.O. documents in the last year, 105 The new permit coupled with the continued use of individual depredation permits for commercial aquaculture producers would provide the flexibility to manage cormorants sustainably and authorize take in an equitable fashion across multiple conflicts. Further, by virtue of their positions, we expect that all such employees will operate in a humane, accountable, and lawful manner. Permittees are expected to continue working with Wildlife Services for review of management plans and remaining current on best practices. OMB has approved the information collection requirements of the permit and assigned OMB Control Number 1018-0175. 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. 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. 2009, Johnson et al. 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. To adequately track take under any new depredation order, whether that order be the vacated orders, or those analyzed in the DEIS, the Service needs to develop a mechanism that allows take to be tracked in real time, such as the Canada Goose Registration database (50 CFR 21.50). Estimated Completion Time per Response: Varies from 10 minutes to 16 hours, depending on activity. By establishing an annual sustainable take threshold, and ensuring systems are in place to keep take below that threshold, the Service will implement the robust tool needed to assess the effects of take on cormorant populations to address potential legal challenges. The comment period for the ANPR continued through March 9, 2020. Adult birds may not be taken at any nest with young in it unless the purpose of the take of adults is intended to address a human health and safety issue. 01/08/2021, 148 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. Assessing allowable take of migratory birds. 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). For example, the regional office to which a commercial aquaculture producer would apply can issue a permit for more than one State and across regional boundaries. Cormorants are migratory waterbirds protected by the MBTA. The Service continued to issue depredation permits to address damage and conflicts to property, natural resources, and threats to human health and safety pursuant to 50 CFR 21.41. 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. Cormorant abundance in North America has increased dramatically since the 1960s and 1970s, mostly due to the growth of the Interior and Atlantic populations. As part of our continuing effort to reduce paperwork and respondent burdens, we invite the public and other Federal agencies to comment on any aspect of this information collection, including: (1) Whether or not the collection of information is necessary for the proper performance of the functions of the agency, including whether or not the information will have practical utility; (2) The accuracy of our estimate of the burden for this collection of information, including the validity of the methodology and assumptions used; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and. 1531 et seq. ), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA; 5 U.S.C. To ensure biological sustainability, the Service used the most recent cormorant population data available to develop the PTL model. 2. You -- the applicant -- submits the completed application to the appropriate USFWS regional office. OMB has reviewed the information collection requirements in this rule and assigned OMB Control Number 1018-0175. documents in the last year, 776 documents in the last year, by the Pension Benefit Guaranty Corporation For these and other reasons, decoys may not be used in the Service's depredation permit (50 CFR 21.41). 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. Many of the conflicts with cormorants involve depredations of sport fish by cormorants, for which there is no relief under current Federal regulations unless warranted to reduce impacts to threatened and endangered fish species listed under the ESA. Our authority derives from the Migratory Bird Treaty Act of 1918 (MBTA; 16 U.S.C. 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. The physical stamp is mailed by the USFWS fulfillment vendor within 45 days. 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. 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. Quicker resolution of conflicts ultimately may result in fewer complaints regarding cormorants. Types of migratory bird permits. E.O. Monitoring can also improve future decisions regarding allowable take and how that allowable take could be determined. Commenters expressed concern that a new permit process would be overly burdensome to implement, which could delay cormorant control efforts and impede management success. Regarding the comment about the geographic scope and the inclusion of Alaska, the Service notes that the Alaska population is not included. In accordance with the criteria in Executive Order 12866, this action is not a significant regulatory action subject to OMB review. Each year, before hunting migratory game birds, including doves and waterfowl, hunters 16 years of age and older are required to obtain a … E.O. If you are using public inspection listings for legal research, you Another State agency also commented on the need for clarity on how annual take, both at the State and regional level, would be shared among the States and Tribes so that they can make informed determinations in successive years. As cormorant abundance increases, and even at current levels, the issuance of individual depredation permits to address conflicts is becoming increasingly time-consuming and lengthy in some cases. This form is required for first-time applicants only. In addition, States and Tribes and their subpermittees must make efforts to avoid disturbance to co-nesting species. In most cases, the kill of birds is higher when using decoys than when they are not used (e.g., use of decoys in hunting situations). Most bird species are protected by the federal Migratory Bird Treaty Act, which governs how to handle sick, injured or orphaned birds. The Service encourages and expects continued use of nonlethal measures in conjunction with lethal measures where permittees find this approach most effective. Reducing their overall abundance does not guarantee that conflicts in specific areas will decrease. The .gov means it’s official. To apply for a new master banding permit, a completed bird banding permit application form must be submitted to the BBL Permits Office. 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. 4. original to the USFWS Migratory Bird Permit Office responsible for your State. You will need to report your take and disposition of the carcass at the expiration of the permit. This permit does not apply to any efforts to prevent depredation or harm to privately owned animals (e.g., hobby animals, pets, or similar categories of animals) that are raised free-range or otherwise released to the wild. As with the management of other migratory bird species, the Service expects costs of management to be shared among the Service, States, and Tribes. Several stakeholders inquired as to the specific requests for information required in a new special permit. 2012. Start Printed Page 85556Permittees need not submit a Form 37 for renewal applications unless requested by the regional Migratory Bird Permit Office. We’ve made big changes to make the eCFR easier to use. More information and documentation can be found in our The https:// means all transmitted data is encrypted — in other words, any information or browsing history that you provide is transmitted securely. (7) The name and telephone number of the individual in your agency who will oversee the double-crested cormorant management activities authorized under the permit. 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. 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. 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. Bird conflicts Broomfield County, Colorado agency-specific responsibilities and estimated annual costs associated with cormorants because studies. 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