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13 January 2007
[Federal Register: January 12, 2007 (Volume 72, Number 8)]
[Notices]
[Page 1556-1557]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja07-100]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Draft Permit Conditions for Abatement Activities Using Raptors
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: We, the U.S. Fish and Wildlife Service, have drafted permit
conditions to allow the use of raptors protected by the Migratory Bird
Treaty Act for abatement activities. We will authorize the use of these
raptors for this purpose under our special purpose permits. We are
asking for comments on our draft permit conditions. Allowing the use of
raptors to conduct abatement activities is consistent with ensuring the
long-term conservation of these species and will serve a public need.
DATES: We will accept written comments until February 12, 2007.
ADDRESSES: Mail: U.S. Fish and Wildlife Service, Division of Migratory
Bird Management, 4401 North Fairfax Drive, Mail Stop MBSP-4107,
Arlington, VA 22203, or E-mail: abatement@fws.gov
FOR FURTHER INFORMATION CONTACT: Shauna Hanisch, Division of Migratory
Bird Management, (see ADDRESSES section); via e-mail at:
Shauna_Hanisch@fws.gov; by telephone: (703) 358-1714; or by facsimile: (703)
358-2217.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Fish and Wildlife Service (FWS or Service) is the Federal
agency with primary responsibility for managing migratory birds. Our
authority is the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703 et
seq.), which implements conventions with Great Britain (for Canada),
Mexico, Japan, and the Soviet Union (Russia). Activities with migratory
birds are prohibited unless specifically authorized by regulation. The
MBTA authorizes us to issue regulations governing permits for migratory
bird use. They are found in title 50, Code of Federal Regulations,
parts 10, 13, 21, and 22.
We have implemented a series of migratory bird permit memoranda to
ensure consistent implementation of our regulations and policies
pertaining to migratory birds. Our latest memorandum in the series
provides guidance for issuing Special Purpose permits (50 CFR 21.27) to
authorize the possession and use of raptors protected by the MBTA to
abate depredation problems. For purposes of this memorandum,
``abatement'' means the training and use of raptors to flush, haze, or
take birds (or other wildlife where allowed) to mitigate depredation
problems, including threats to human health and safety. Permit holders
may be paid for providing abatement services. We developed this draft
memorandum in response to growing
[[Page 1557]]
interest in the use of raptors to conduct commercial abatement
activities. The Service has determined that authorizing such use is
consistent with the MBTA and with the long-term conservation of raptor
species. The Service seeks public comments on the draft permit
conditions, which are presented below.
Applicants for a Special Use--Abatement (SPA) permit would use FWS
Form 3-200-10f, the Migratory Bird Special Purpose--Miscellaneous
application form. If we determine that the application meets our
requirements, we will issue an SPA permit containing the proposed
conditions set forth below. The first three conditions (A, B, and C)
are standard for all Special Purpose permits. The remaining conditions
(D through K) would be unique to abatement permits. It is about these
conditions that we seek comment.
Special Purpose--Abatement Permit Conditions
A. General conditions set out in subpart D of 50 CFR 13, and
specific conditions contained in Federal regulations cited in block 2
above, are hereby made a part of this permit. All activities authorized
by this permit must be carried out in accord with and for the purposes
described in the application submitted. Continued validity, or renewal,
of this permit is subject to complete and timely compliance with all
applicable conditions.
B. The validity of this permit is conditioned upon strict
observance of all applicable State, local, or other Federal law.
C. Valid for use by permittee named above.
D. You are authorized to acquire, possess, and train up to [specify
number] captive-bred raptors, in any species combination, to include
hybrids from those species, of the following migratory bird species for
the purpose of conducting abatement activities:
[List species' common and scientific names.]
All raptors must be captive-bred and must be marked on the
metatarsus with a seamless numbered band issued by the U.S. Fish and
Wildlife Service.
E. You may not take species protected under the MBTA unless such
take is authorized under a Federal depredation order or a Federal
depredation permit identifying you as a subpermittee. You do not need a
Federal permit to flush or haze depredating birds, other than
endangered or threatened species or bald and golden eagles. You do not
need a Federal depredation permit to take species that the MBTA does
not protect.
F. Under this permit, you may use a raptor held under your falconry
permit for abatement. However, you may use a raptor held under this
abatement permit for falconry only if it is transferred from your
abatement permit to your falconry permit. If you use raptors to take
depredating game birds in the context of falconry rather than
abatement, you must comply with all applicable seasons and bag limits
and may do so only in areas where the practice of falconry is
authorized.
G. Subpermittees: Persons under your direct control or employed by
you, or under contract to you for purposes authorized by this permit,
may carry out the permitted activities provided they are, or have been,
a General or Master Falconer (in accordance with 50 CFR 21.28).
H. You must submit FWS Form 3-186A (Migratory Bird Acquisition and
Disposition Report) completed in accordance with the instructions on
the form for each acquisition and disposition of a raptor.
I. If your raptor takes a migratory bird in the course of
conducting abatement activities and that take is not authorized by a
depredation permit or a depredation order, the bird must be left in the
field, though the raptor may be allowed to feed on it in the field.
J. All facilities and equipment must meet standards described in 50
CFR 21.29, and all birds must be maintained under humane and healthful
conditions at all times.
K. Acceptance of this permit authorizes us to inspect in accordance
with 50 CFR 13.47.
Public Comments
Please submit comments to one of the addresses listed above in
ADDRESSES. If you mail a comment, it must be on 8\1/2\-inch-by-11-inch
paper. Before including your address, telephone number, e-mail address,
or other personal identifying information in your comment, you should
be aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so. You may inspect comments by appointment during normal
business hours at the address in ADDRESSES.
Authority: The Migratory Bird Treaty Act, 16 U.S.C. 703-712.
Dated: December 20, 2006.
David M. Verhey,
Assistant Secretary, Fish and Wildlife.
[FR Doc. E7-353 Filed 1-11-07; 8:45 am]
BILLING CODE 4310-55-P