80 FR 15689 - Migratory Bird Permits; Removal of Regulations Concerning Certain Depredation Orders
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 80, Issue 57 (March 25, 2015)
Fish and Wildlife Service
Federal Register Volume 80, Issue 57 (March 25, 2015)
| Page Range | 15689-15691 | |
| FR Document | 2015-06639 |
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)] [Rules and Regulations] [Pages 15689-15691] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06639] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 21 [Docket No. FWS-R9-MB-2011-0100; FF09M29000-145-FXMB12320900000] RIN 1018-AX92 Migratory Bird Permits; Removal of Regulations Concerning Certain Depredation Orders AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are removing two regulations that set forth certain depredation orders for migratory birds. There have been no requests for authorization of a depredation order under one regulation we are removing, and no reports of activities undertaken under the other in the last 10 years. Control of depredating birds may be undertaken under depredation permits in accordance with the regulations already set forth. DATES: This rule is effective April 24, 2015. FOR FURTHER INFORMATION CONTACT: George Allen, at 703-358-1825. SUPPLEMENTARY INFORMATION: Background On November 4, 2013, we published a proposed rule (78 FR 65953) to remove 50 CFR 21.42, 21.45, and 21.46. These regulations concern depredating migratory birds. Specifically, 50 CFR 21.42 governs control of depredating migratory game birds in the United States; under this section of the regulations, the Director of the U.S. Fish and Wildlife Service is authorized to issue, by publication in the Federal Register, a depredation order to permit the taking of migratory game birds under certain conditions if the Director receives evidence clearly showing that the migratory game birds have accumulated in such numbers in a particular area as to cause or about to cause serious damage to agricultural, horticultural, and fish cultural interests. Under 50 CFR 21.45, landowners, sharecroppers, tenants, or their employees or agents actually engaged in the production of rice in Louisiana, may, without a permit and in accordance with certain conditions, take purple gallinules (Ionornis martinica) when found committing or about to commit serious depredations to growing rice crops on the premises owned or occupied by those persons. Under 50 CFR 21.46, landowners, sharecroppers, tenants, or their employees or agents actually engaged in the production of nut crops in Washington and Oregon may, without a permit and in accordance with certain conditions, take scrub jays (Aphelocoma coerulescens) and Steller's jays (Cyanocitta stelleri) when found committing or about to commit serious depredations to nut crops on the premises owned or occupied by such persons. This Rule In response to our November 4, 2013, proposed rule (78 FR 65953), we received no comments on our proposal to remove 50 CFR 21.42 or 21.45, but we did receive comments about our proposal to remove 50 CFR 21.46. In this final rule, we are removing only 50 [[Page 15690]] CFR 21.42 and 21.45, as well as references to those two sections that appear in 50 CFR 21.41 and 21.53. Removal of these depredation orders does not affect any other depredation order in 50 CFR part 21. We will address our proposal to remove 50 CFR 21.46 in a separate rule, in which we will respond to the comments we received concerning the proposal to remove that section of our regulations. The regulations at 50 CFR 21.42 and 21.45 were put in place in 1974, to help commercial agricultural interests (39 FR 1157, January 4, 1974). 50 CFR 21.45 requires reporting and recordkeeping on activities taken in accordance with the regulations. We have received no applications for declaration of a depredation order under Sec. 21.42 in the last 15 years, and there have been no reports of activities conducted under Sec. 21.45 in at least 10 years. Upon the effective date of this rule (see DATES, above), control of depredating birds may still be undertaken under depredation permits, in accordance with 50 CFR 21.41. Required Determinations Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) will review all significant rules. OIRA has determined that this rule is not significant. Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. 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. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We developed this rule in a manner consistent with these requirements. Regulatory Flexibility Act (5 U.S.C. 601 et seq.) Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 (Pub. L. 104-121)), whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small businesses, small organizations, and small government jurisdictions. However, no regulatory flexibility analysis is required if the head of an agency certifies the rule will not have a significant economic impact on a substantial number of small entities. SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide the statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities. There are no costs associated with this regulations change. The Federal Government will see a small benefit because it will no longer incur the annual cost of publishing the three sections of the regulations in the Code of Federal Regulations (CFR). We have examined this rule's potential effects on small entities as required by the Regulatory Flexibility Act. This action will not have not have a significant economic impact on any small entity, so a regulatory flexibility analysis is not required. This rule is not a major rule under the SBREFA (5 U.S.C. 804(2)). It will not have a significant impact on a substantial number of small entities. a. This rule does not have an annual effect on the economy of $100 million or more. b. This rule will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, Tribal, or local government agencies, or geographic regions. c. This rule will not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Therefore, we certify that this rule will not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.), we have determined the following. a. This rule will not ``significantly or uniquely'' affect small governments. A small government agency plan is not required. b. This rule will not produce a Federal mandate of $100 million or greater in any year. It is not a ``significant regulatory action.'' Takings This rule does not contain a provision for taking of private property. In accordance with Executive Order 12630, a takings implication assessment is not required. Federalism This rule does not have sufficient Federalism effects to warrant preparation of a federalism summary impact statement under Executive Order 13132. It will not interfere with the States' abilities to manage themselves or their funds. We do not expect significant economic impacts to result from the removal of the depredation orders. Civil Justice Reform In accordance with Executive Order 12988, the Office of the Solicitor has determined that the rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. Paperwork Reduction Act of 1995 There is no information collection requirement associated with this regulations change. An agency 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. National Environmental Policy Act We have analyzed this rule in accordance with the National Environmental Policy Act (NEPA), 42 U.S.C. 432-437(f) and 43 CFR 46.210. The regulations change will remove unused regulations, and is administrative in nature. The action is categorically excluded from further NEPA consideration by 43 CFR 46.210(i). Socioeconomic. The regulations change will have no socioeconomic impacts. Migratory bird populations. The regulations change will not affect native migratory bird populations. Endangered and threatened species. The regulation change will not affect endangered or threatened species or habitats important to them. Government-to-Government Relationship With Tribes In accordance with the President's memorandum of April 29, 1994, ``Government-to-Government Relations with Native American Tribal Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we have determined that there are no potential effects on Federally recognized Indian Tribes from the regulations change. The [[Page 15691]] regulations change will not interfere with Tribes' abilities to manage themselves or their funds or to regulate migratory bird activities on Tribal lands. Energy Supply, Distribution, or Use (Executive Order 13211) This rule will affect only two depredation orders for migratory birds, and will not affect energy supplies, distribution, or use. This is not a significant energy action, and no Statement of Energy Effects is required. Compliance With Endangered Species Act Requirements Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.), 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 chapter'' (16 U.S.C. 1536(a)(1)). It further states that the Secretary must ``insure that any action authorized, funded, or carried out . . . is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat'' (16 U.S.C. 1536(a)(2)). The regulations change will not affect listed species. List of Subjects in 50 CFR Part 21 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. Regulation Promulgation For the reasons described in the preamble, we amend subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: PART 21--MIGRATORY BIRD PERMITS 0 1. The authority for part 21 continues to read as follows: Authority: 16 U.S.C. 703-712. 0 2. Amend Sec. 21.41 by revising paragraph (a) to read as follows: Sec. 21.41 Depredation permits. (a) Permit requirement. Except as provided in Sec. Sec. 21.43, 21.44, and 21.46, a depredation permit is required before any person may take, possess, or transport migratory birds for depredation control purposes. No permit is required merely to scare or herd depredating migratory birds other than endangered or threatened species or bald or golden eagles. * * * * * Sec. 21.42 [Removed and reserved] 0 3. Remove and reserve Sec. 21.42. Sec. 21.45 [Removed and reserved] 0 4. Remove and reserve Sec. 21.45. Sec. 21.53 [Amended] 0 5. Amend Sec. 21.53 by removing the fourth sentence of paragraph (c)(2). Dated: February 2, 2015. Michael J. Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2015-06639 Filed 3-24-15; 8:45 am] BILLING CODE 4310-55-P
![Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 15689
using an automatic telephone dialing In addition to the limited context within authorization of a depredation order
system or an artificial or prerecorded which package delivery companies will under one regulation we are removing,
voice to, among other recipients, any be making autodialed or prerecorded and no reports of activities undertaken
wireless telephone number. package delivery notification calls to under the other in the last 10 years.
Specifically, the Commission adopts the consumers’ wireless numbers, the Control of depredating birds may be
following conditions applicable to each conditions adopted herein to protect undertaken under depredation permits
delivery notification (voice call or text consumers’ privacy interests are critical in accordance with the regulations
message) made utilizing the exemption to the Commission’s exercise of the already set forth.
the Commission grants: statutory authority to grant an DATES: This rule is effective April 24,
(1) A notification must be sent, if at exemption. Taken as a whole, the 2015.
all, only to the telephone number for the Commission finds that these conditions
package recipient; FOR FURTHER INFORMATION CONTACT:
simultaneously fulfill the statutory
(2) notifications must identify the George Allen, at 703–358–1825.
obligation to protect consumers’ privacy
name of the delivery company and interest in avoiding unwanted calls SUPPLEMENTARY INFORMATION:
include contact information for the while allowing package delivery Background
delivery company; companies a reasonable time in which
(3) notifications must not include any On November 4, 2013, we published
to implement opt-out elections. The
telemarketing, solicitation, or a proposed rule (78 FR 65953) to remove
Commission clarifies that, as required
advertising content; 50 CFR 21.42, 21.45, and 21.46. These
by the statute, except in an emergency
(4) voice call and text message regulations concern depredating
or with the prior express consent of the
notifications must be concise, generally migratory birds.
consumer, any party who sends an
one minute or less in length for voice Specifically, 50 CFR 21.42 governs
autodialed or prerecorded package
calls and one message of 160 characters control of depredating migratory game
delivery notification to a wireless
or less in length for text messages; birds in the United States; under this
(5) delivery companies shall send number that is not in full conformance
section of the regulations, the Director
only one notification (whether by voice with the requirements the Commission
of the U.S. Fish and Wildlife Service is
call or text message) per package, except adopts today may not take advantage of
authorized to issue, by publication in
that one additional notification may be this exemption and risks violating the
the Federal Register, a depredation
sent to a consumer for each of the TCPA.
order to permit the taking of migratory
following two attempts to obtain the Ordering Clause game birds under certain conditions if
recipient’s signature when the signatory Pursuant to sections 4(i), 4(j), and 227 the Director receives evidence clearly
was not available to sign for the package of the Communications Act of 1934, as showing that the migratory game birds
on the previous delivery attempt; amended, 47 U.S.C. 154(i), 154(j), 227, have accumulated in such numbers in a
(6) delivery companies relying on this and §§ 1.2 and 64.1200 of the particular area as to cause or about to
exemption must offer parties the ability Commission’s rules, 47 CFR 1.2, cause serious damage to agricultural,
to opt out of receiving future delivery 64.1200, that the Petition for Expedited horticultural, and fish cultural interests.
notification calls and messages and Declaratory Ruling filed by Cargo Under 50 CFR 21.45, landowners,
must honor the opt-out requests within Airline Association on August 17, 2012 sharecroppers, tenants, or their
a reasonable time from the date such is granted in part and is otherwise employees or agents actually engaged in
request is made, not to exceed thirty dismissed to the extent indicated herein. the production of rice in Louisiana,
days; and, may, without a permit and in
(7) each notification must include Federal Communications Commission. accordance with certain conditions, take
information on how to opt out of future Marlene H. Dortch, purple gallinules (Ionornis martinica)
delivery notifications; voice call Secretary. when found committing or about to
notifications that could be answered by [FR Doc. 2015–06709 Filed 3–24–15; 8:45 am] commit serious depredations to growing
a live person must include an BILLING CODE 6712–01–P rice crops on the premises owned or
automated, interactive voice- and/or key occupied by those persons.
press-activated opt-out mechanism that Under 50 CFR 21.46, landowners,
enables the called person to make an DEPARTMENT OF THE INTERIOR sharecroppers, tenants, or their
opt-out request prior to terminating the employees or agents actually engaged in
call; voice call notifications that could Fish and Wildlife Service the production of nut crops in
be answered by an answering machine Washington and Oregon may, without a
or voice mail service must include a 50 CFR Part 21 permit and in accordance with certain
toll-free number that the consumer can conditions, take scrub jays (Aphelocoma
[Docket No. FWS–R9–MB–2011–0100;
call to opt out of future package delivery FF09M29000–145–FXMB12320900000] coerulescens) and Steller’s jays
notifications; text notifications must (Cyanocitta stelleri) when found
include the ability for the recipient to RIN 1018–AX92 committing or about to commit serious
opt out by replying ‘‘STOP.’’ depredations to nut crops on the
The Commission’s grant of the Migratory Bird Permits; Removal of premises owned or occupied by such
requested exemption, to the extent Regulations Concerning Certain persons.
indicated herein, is limited to package Depredation Orders
asabaliauskas on DSK5VPTVN1PROD with RULES
delivery notifications to consumers’ This Rule
AGENCY: Fish and Wildlife Service,
wireless phones either by voice or text Interior. In response to our November 4, 2013,
and only applies so long as those calls ACTION: Final rule. proposed rule (78 FR 65953), we
are not charged to the consumer received no comments on our proposal
recipient, including not being counted SUMMARY: We are removing two to remove 50 CFR 21.42 or 21.45, but we
against the consumer’s plan limits on regulations that set forth certain did receive comments about our
minutes or texts, and must comply with depredation orders for migratory birds. proposal to remove 50 CFR 21.46. In
the conditions the Commission adopts. There have been no requests for this final rule, we are removing only 50
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![Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 15691
regulations change will not interfere § 21.45 [Removed and reserved] SUPPLEMENTARY INFORMATION: The
with Tribes’ abilities to manage ■ 4. Remove and reserve § 21.45. shrimp fishery in the Gulf is managed
themselves or their funds or to regulate under the FMP. The FMP was prepared
migratory bird activities on Tribal lands. § 21.53 [Amended] by the Council and implemented
■ 5. Amend § 21.53 by removing the through regulations at 50 CFR part 622
Energy Supply, Distribution, or Use
(Executive Order 13211) fourth sentence of paragraph (c)(2). under the authority of the Magnuson-
Dated: February 2, 2015.
Stevens Fishery Conservation and
This rule will affect only two Management Act (Magnuson-Stevens
depredation orders for migratory birds, Michael J. Bean,
Act).
and will not affect energy supplies, Principal Deputy Assistant Secretary for Fish
On March 11, 2014, NMFS published
distribution, or use. This is not a and Wildlife and Parks.
a notice of intent to prepare a
significant energy action, and no [FR Doc. 2015–06639 Filed 3–24–15; 8:45 am]
supplemental environmental impact
Statement of Energy Effects is required. BILLING CODE 4310–55–P
statement for Amendment 16 and
Compliance With Endangered Species requested public comment (79 FR
Act Requirements 13623). NMFS published a notice of
DEPARTMENT OF COMMERCE availablility for Amendment 16 on
Section 7 of the Endangered Species
December 24, 2014, (79 FR 77425) and
Act (ESA) of 1973, as amended (16 National Oceanic and Atmospheric published the proposed rule on January
U.S.C. 1531 et seq.), requires that ‘‘The Administration 26, 2015, (80 FR 3937) and requested
Secretary [of the Interior] shall review
public comment. A summary of the
other programs administered by him 50 CFR Part 622 actions implemented by Amendment 16
and utilize such programs in
[Docket No. 140903744–5258–02] and this final rule is provided below.
furtherance of the purposes of this
chapter’’ (16 U.S.C. 1536(a)(1)). It RIN 0648–BE46
On January 30, 2012, NMFS
further states that the Secretary must implemented regulations developed
‘‘insure that any action authorized, Fisheries of the Caribbean, Gulf of through the Generic ACL/AMs
funded, or carried out . . . is not likely Mexico, and South Atlantic; Shrimp Amendment to multiple fishery
to jeopardize the continued existence of Fishery of the Gulf of Mexico; management plans, including the
any endangered species or threatened Amendment 16 Shrimp FMP (December 29, 2011, 76 FR
species or result in the destruction or 82044). That amendment included
AGENCY: National Marine Fisheries actions to establish the commercial ACL
adverse modification of [critical] Service (NMFS), National Oceanic and
habitat’’ (16 U.S.C. 1536(a)(2)). The and AM for royal red shrimp. However,
Atmospheric Administration (NOAA), the ‘‘no action’’ alternatives and
regulations change will not affect listed Commerce.
species. discussions in the Generic ACL
ACTION: Final rule. Amendment incorrectly stated that there
List of Subjects in 50 CFR Part 21 were currently no catch limits or AMs
SUMMARY: NMFS issues this final rule to
Exports, Hunting, Imports, Reporting for royal red shrimp, even though a
implement Amendment 16 to the
and recordkeeping requirements, quota and in-season quota closure were
Fishery Management Plan for the
Transportation, Wildlife. in the regulations. As a consequence,
Shrimp Fishery of the Gulf of Mexico
through the Generic ACL Amendment,
Regulation Promulgation (FMP), as prepared and submitted by
both a royal red shrimp ACL and AM
the Gulf of Mexico (Gulf) Fishery
For the reasons described in the were added to the regulations, but the
Management Council (Council). This
preamble, we amend subchapter B of existing quota and in-season quota
final rule revises the annual catch limit
chapter I, title 50 of the Code of Federal closure provision were not removed.
(ACL) for royal red shrimp, removes the
Regulations, as set forth below: Federal regulations currently include
royal red shrimp quota, and revises the
a royal red shrimp ACL of 334,000 lb
PART 21—MIGRATORY BIRD PERMITS accountability measures (AMs) for royal
(151,000 kg), tail weight, and a quota of
red shrimp to remove an inconsistency
392,000 lb (177.8 mt), tail weight. This
■ 1. The authority for part 21 continues in the regulations. The purpose of this
final rule removes the royal red shrimp
to read as follows: rule is to prevent overfishing of the
quota and updates the ACL to 337,000
Authority: 16 U.S.C. 703–712. royal red shrimp resource while helping
lb (152,861 kg), tail weight, which is
to achieve optimum yield and reconcile
■ 2. Amend § 21.41 by revising equal to the acceptable biological catch
conflicting Federal regulations.
paragraph (a) to read as follows: as recommended by the Council’s
DATES: This rule is effective April 24,
Scientific and Statistical Committee.
§ 21.41 Depredation permits. 2015.
Federal regulations also include a
(a) Permit requirement. Except as ADDRESSES: Electronic copies of royal red shrimp in-season closure if the
provided in §§ 21.43, 21.44, and 21.46, Amendment 16, which includes an quota is met or projected to be met,
a depredation permit is required before supplemental environmental impact based on in-season monitoring (which
any person may take, possess, or statement, a Regulatory Flexibility Act functions as an AM), and include an
transport migratory birds for analysis, and a regulatory impact AM that implements in-season
depredation control purposes. No review, may be obtained from the monitoring and an ACL closure in the
asabaliauskas on DSK5VPTVN1PROD with RULES
permit is required merely to scare or Southeast Regional Office Web site at year following any ACL overage. The
herd depredating migratory birds other http://sero.nmfs.noaa.gov/sustainable_ presence of two AMs in the regulations
than endangered or threatened species fisheries/gulf_fisheries/shrimp/2014/ presents an inconsistency in the
or bald or golden eagles. am16/index.html. management of royal red shrimp. This
* * * * * FOR FURTHER INFORMATION CONTACT: final rule removes the in-season quota
Susan Gerhart, telephone: 727–824– closure associated with the royal red
§ 21.42 [Removed and reserved] 5305, or email: Susan.Gerhart@ shrimp quota and retains the AM
■ 3. Remove and reserve § 21.42. noaa.gov. associated with the ACL.
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Document Created: 2018-02-21 09:49:02
Document Modified: 2018-02-21 09:49:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective April 24, 2015. | |
| Contact | George Allen, at 703-358-1825. | |
| FR Citation | 80 FR 15689 | |
| RIN Number | 1018-AX92 | |
| CFR Associated | Exports; Hunting; Imports; Reporting and Recordkeeping Requirements; Transportation and Wildlife |
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