80_FR_38140 80 FR 38013 - Migratory Bird Permits; Update of Falconry Permitting Reporting Address

80 FR 38013 - Migratory Bird Permits; Update of Falconry Permitting Reporting Address

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 127 (July 2, 2015)

Page Range38013-38015
FR Document2015-16371

The State of California has implemented an online permitting and reporting system compatible with the system that we, the U.S. Fish and Wildlife Service (Service), use for reporting take of raptors from the wild for falconry. We change the Web address for falconers in California to report takes, acquisitions, transfers, and losses of falconry birds.

Federal Register, Volume 80 Issue 127 (Thursday, July 2, 2015)
[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 38013-38015]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16371]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

[Docket No. FWS-HQ-MB-2015-0032; FF09M21200-156-FXMB1231099BPP0]
RIN 1018-BA90


Migratory Bird Permits; Update of Falconry Permitting Reporting 
Address

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The State of California has implemented an online permitting 
and reporting system compatible with the system that we, the U.S. Fish 
and Wildlife Service (Service), use for reporting take of raptors from 
the wild for falconry. We change the Web address for falconers in 
California to report takes, acquisitions, transfers, and losses of 
falconry birds.

DATES: This rule is effective January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Ron Kokel at 703-358-1967.

SUPPLEMENTARY INFORMATION: 

Background

    We published a final rule in the Federal Register on October 8, 
2008 (73 FR 59448), to revise our regulations governing falconry in the 
United States, found in title 50 of the Code of Federal Regulations 
(CFR) at Sec.  21.29. In 2013, we added the State of California to the 
list of States to which we delegate permitting for falconry to the 
State, as provided under the regulations (78 FR 72830, December 4, 
2013).

This Rule

    In the falconry regulations at 50 CFR 21.29, we offer two methods 
to submit required reports or other information: (1) Electronically, by 
entering the required information in our electronic database at http://permits.fws.gov/186A; and (2) by hard copy, by submitting a paper form 
3-186A to the falconer's State, tribal, or territorial agency that 
governs falconry. The State of California has developed and implemented 
an online permitting and reporting system that is compatible with the 
system we use for reporting take of raptors from the wild for falconry 
(our electronic database at http://permits.fws.gov/186A). Allowing 
California residents to use that State's reporting system should result 
in a small savings of resources for both the State and the Service. 
Therefore, with this rule, we change the web address for falconers in 
California to report takes, acquisitions, transfers, and losses of 
falconry birds.

Administrative Procedure

    This action is administrative in nature. We are providing regulated 
entities and the general public with an accurate web address to report 
take, loss, or transfers of raptors by falconers in California. We 
delegated the State of California permitting authority for falconry 
under the regulations at 50 CFR 21.29 (see 78 FR 72830, December 4, 
2013). This rule facilitates that State's permitting and reporting 
requirements, and will enable reporting with our system for reporting 
take, acquisition, loss, or transfer of any bird for falconry. The 
change should slightly reduce administration costs for both the State 
and the Service. The delegation of permitting authority to the State of 
California has already been subject to public notice-and-comment 
procedures, and this change simply adds an Internet address to the 
regulations at 50 CFR 21.29 to allow full use of California's 
permitting and reporting system. Under 5 U.S.C. 553(b), rules of agency 
organization, procedure, or practice may be made final without previous 
notice to the public. This is a final rule.

Required Determinations

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Management and 
Budget's Office of Information and Regulatory Affairs (OIRA) will 
review all significant rules. OIRA has determined that this rule is not 
significant.
    Executive Order (E.O.) 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

[[Page 38014]]

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 have 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 entities (that 
is, 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.
    We have examined this rule's potential effects on small entities as 
required by the Regulatory Flexibility Act, and have determined that 
this action will not have a significant economic impact on a 
substantial number of small entities. This rule simplifies reporting 
required by 50 CFR 21.29 for residents of California. This rule does 
not change falconers' costs for practicing their sport, nor does it 
affect businesses that provide equipment or supplies for falconry. This 
rule may result in a small savings of time and other resources by the 
State of California and by the Service, but neither of these is a small 
entity. Consequently, we certify that, because this rule will not have 
a significant economic effect on a substantial number of small 
entities, 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 economic 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. There are no costs to permittees or any other part of 
the economy associated with this change to the regulations.
    b. This rule will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. This rule simplifies reporting 
required by 50 CFR 21.29 for residents of California.
    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.

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 in a negative way. A small government agency plan is not 
required. The State of California requested that we make this change to 
the regulations to simply falconry reporting for that State's 
residents.
    b. This rule will not produce a Federal mandate of $100 million or 
greater in any year. It is not a ``significant regulatory action'' 
under the Unfunded Mandates Reform Act.

Takings

    In accordance with E.O. 12630, the rule does not have significant 
takings implications. A takings implication assessment is not required. 
This rule does not contain a provision for taking of private property.

Federalism

    This rule does not have sufficient Federalism effects to warrant 
preparation of a federalism summary impact statement under E.O. 13132. 
The State of California requested that we make this change to the 
regulations to simplify falconry reporting for that State's residents.

Civil Justice Reform

    In accordance with E.O. 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

    We examined this rule under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), and it does not contain any new collections of 
information that require Office of Management and Budget (OMB) 
approval. OMB has approved the information collection requirements of 
the Migratory Bird Permits Program and assigned OMB control number 
1018-0022, which expires May 31, 2017. Information from the collection 
is used to document take of raptors from the wild for use in falconry 
and to document transfers of raptors held for falconry between 
permittees. A Federal 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 evaluated the environmental impacts of the changes to the 
regulations, and determined that this rule does not have any 
environmental impacts.

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 evaluated potential effects on Federally recognized Indian Tribes 
and have determined that this rule will not interfere with Tribes' 
ability to manage themselves or their funds or to regulate falconry on 
Tribal lands.

Energy Supply, Distribution, or Use

    E.O. 13211 requires agencies to prepare Statements of Energy 
Effects when undertaking certain actions. This rule is not a 
significant regulatory action under E.O. 12866, and will not 
significantly affect energy supplies, distribution, or use. Therefore, 
this action is not a significant energy action and no Statement of 
Energy Effects is required.

Environmental Consequences of the Action

    Socioeconomic. This action will not have discernible socioeconomic 
impacts.
    Raptor populations. This rule will not change the effects of 
falconry on raptor populations. We are simply adding to our regulations 
at 50 CFR 21.29 a falconry reporting method for residents of 
California.
    Endangered and threatened species. This rule does not change 
protections for endangered and threatened species.

[[Page 38015]]

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)). This rule will not 
affect threatened or endangered species or their habitats in the United 
States.

List of Subjects in 50 CFR Part 21

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

Regulation Promulgation

    For the reasons stated in the preamble, we amend subpart C of part 
21, subchapter B of chapter I, title 50 of the Code of Federal 
Regulations, as follows:

PART 21--MIGRATORY BIRD PERMITS

0
1. The authority citation for part 21 continues to read as follows:

    Authority:  16 U.S.C. 703-12.

0
2. Amend Sec.  21.29 by:
0
a. Revising paragraph (b)(2);
0
b. Revising the fifth sentence of paragraph (c)(6)(i);
0
c. Revising the third sentence of paragraph (c)(6)(ii);
0
d. Revising the second sentence of paragraph (c)(6)(iii)(A);
0
e. Revising paragraph (c)(6)(iii)(B);
0
f. Revising the first sentence of paragraph (e)(2)(iv);
0
g. Revising the second sentence of paragraph (e)(5)(i);
0
h. Revising paragraph (e)(6)(i);
0
i. Revising paragraph (e)(7)(i);
0
j. Revising the third sentence of paragraph (e)(9)(ii);
0
k. Revising the second sentence of paragraph (e)(9)(iii); and
0
l. Revising the second sentence after the heading of paragraph (f)(6).
    The revisions read as follows:


Sec.  21.29  Falconry standards and falconry permitting.

* * * * *
    (b) * * *
    (2) Reporting. (i) The State, tribe, or territory must work with us 
to ensure that the electronic 3-186A reporting system (http://permits.fws.gov/186A) for reporting take, transfers, and loss of 
falconry birds is fully operational for residents of that jurisdiction.
    (ii) If you are required to submit a report or other information 
under this section, you must either enter the required information in 
the electronic database at http://permits.fws.gov/186A, or at http://www.wildlife.ca.gov/FalconryReporting if you are a resident of 
California, or submit a paper form 3-186A to your State, tribal, or 
territorial agency that governs falconry.
* * * * *
    (c) * * *
    (6) * * *
    (i) * * * Within 10 days from the day on which you take the raptor 
from the wild, you must report take of the bird by submitting the 
required information (including the band number) using one of the 
methods listed in paragraph (b)(2)(ii) of this section. * * *
    (ii) * * * You must submit the required information using one of 
the methods listed in paragraph (b)(2)(ii) of this section. * * *
    (iii) * * *
    (A) * * * You must submit the required information within 10 days 
of rebanding the raptor using one of the methods listed in paragraph 
(b)(2)(ii) of this section.
    (B) Purchase and implant an ISO-compliant (134.2 kHz) microchip in 
the bird and report the microchip information using one of the methods 
listed in paragraph (b)(2)(ii) of this section.
* * * * *
    (e) * * *
    (2) * * *
    (iv) If you are responsible for reporting take of a raptor from the 
wild, use one of the methods listed in paragraph (b)(2)(ii) of this 
section. * * *
* * * * *
    (5) * * *
    (i) * * * You must report take of the bird using one of the methods 
listed in paragraph (b)(2)(ii) of this section at your first 
opportunity to do so, but no more than 10 days after capture of the 
bird. * * *
* * * * *
    (6) * * *
    (i) If you acquire a raptor; transfer, reband, or microchip a 
raptor; if a raptor you possess is stolen; if you lose a raptor to the 
wild and you do not recover it within 30 days; or if a bird you possess 
for falconry dies; you must report the change within 10 days using one 
of the methods listed in paragraph (b)(2)(ii) of this section.
* * * * *
    (7) * * *
    (i) If you acquire a bird from a rehabilitator, within 10 days of 
the transaction you must report it using one of the methods listed in 
paragraph (b)(2)(ii) of this section.
* * * * *
    (9) * * *
    (ii) * * * You must remove its falconry band (if it has one) and 
report release of the bird by submitting the required information using 
one of the methods listed in paragraph (b)(2)(ii) of this section.
    (iii) * * * You must remove its falconry band and report release of 
the bird by submitting the required information using one of the 
methods listed in paragraph (b)(2)(ii) of this section.
* * * * *
    (f) * * *
    (6) * * * Within 10 days, you must report the transfer by 
submitting the required information using one of the methods listed in 
paragraph (b)(2)(ii) of this section.
* * * * *

    Dated: June 15, 2015.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-16371 Filed 7-1-15; 8:45 am]
BILLING CODE 4310-55-P



                                                                            Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations                                          38013

                                                        § 76.906 Presumption of effective                        lack of effective competition is not                  required information in our electronic
                                                        competition.                                             otherwise available, franchising                      database at http://permits.fws.gov/186A;
                                                           In the absence of a demonstration to                  authorities may request from a                        and (2) by hard copy, by submitting a
                                                        the contrary cable systems are                           multichannel video programming                        paper form 3–186A to the falconer’s
                                                        presumed: (a) To be subject to effective                 distributor information regarding the                 State, tribal, or territorial agency that
                                                        competition pursuant to section                          multichannel video programming                        governs falconry. The State of California
                                                        76.905(b)(2); and (b) Not to be subject to               distributor’s reach and number of                     has developed and implemented an
                                                        effective competition pursuant to                        subscribers. A multichannel video                     online permitting and reporting system
                                                        section 76.905(b)(1), (3) or (4).                        programming distributor must respond                  that is compatible with the system we
                                                        ■ 3. Amend § 76.907 by revising                          to such request within 15 days. Such                  use for reporting take of raptors from the
                                                        paragraph (b) to read as follows:                        responses may be limited to numerical                 wild for falconry (our electronic
                                                                                                                 totals.                                               database at http://permits.fws.gov/
                                                        § 76.907 Petition for a determination of
                                                        effective competition.                                   *     *     *     *    *                              186A). Allowing California residents to
                                                                                                                 [FR Doc. 2015–15806 Filed 7–1–15; 8:45 am]
                                                                                                                                                                       use that State’s reporting system should
                                                        *      *      *    *     *                                                                                     result in a small savings of resources for
                                                           (b) If the cable operator seeks to                    BILLING CODE 6712–01–P
                                                                                                                                                                       both the State and the Service.
                                                        demonstrate that effective competition
                                                                                                                                                                       Therefore, with this rule, we change the
                                                        as defined in § 76.905(b)(1), (3), or (4)
                                                                                                                                                                       web address for falconers in California
                                                        exists in the franchise area, it bears the               DEPARTMENT OF THE INTERIOR                            to report takes, acquisitions, transfers,
                                                        burden of demonstrating the presence of
                                                                                                                                                                       and losses of falconry birds.
                                                        such effective competition. Effective                    Fish and Wildlife Service
                                                        competition as defined in § 76.905(b)(2)                                                                       Administrative Procedure
                                                        is governed by the presumption in                        50 CFR Part 21                                           This action is administrative in
                                                        § 76.906, except that where a                                                                                  nature. We are providing regulated
                                                                                                                 [Docket No. FWS–HQ–MB–2015–0032;
                                                        franchising authority has rebutted the                                                                         entities and the general public with an
                                                                                                                 FF09M21200–156–FXMB1231099BPP0]
                                                        presumption of competing provider                                                                              accurate web address to report take,
                                                        effective competition as defined in                      RIN 1018–BA90                                         loss, or transfers of raptors by falconers
                                                        § 76.905(b)(2) and is certified, the cable                                                                     in California. We delegated the State of
                                                        operator must demonstrate that                           Migratory Bird Permits; Update of
                                                                                                                 Falconry Permitting Reporting Address                 California permitting authority for
                                                        circumstances have changed and                                                                                 falconry under the regulations at 50 CFR
                                                        effective competition is present in the                  AGENCY:   Fish and Wildlife Service,                  21.29 (see 78 FR 72830, December 4,
                                                        franchise area.                                          Interior.                                             2013). This rule facilitates that State’s
                                                           Note to paragraph (b): The criteria for
                                                                                                                 ACTION: Final rule.                                   permitting and reporting requirements,
                                                        determining effective competition
                                                                                                                                                                       and will enable reporting with our
                                                        pursuant to § 76.905(b)(4) are described                 SUMMARY:   The State of California has                system for reporting take, acquisition,
                                                        in Implementation of Cable Act Reform                    implemented an online permitting and                  loss, or transfer of any bird for falconry.
                                                        Provisions of the Telecommunications                     reporting system compatible with the                  The change should slightly reduce
                                                        Act of 1996, Report and Order in CS                      system that we, the U.S. Fish and                     administration costs for both the State
                                                        Docket No. 96–85, FCC 99–57 (released                    Wildlife Service (Service), use for                   and the Service. The delegation of
                                                        March 29, 1999).                                         reporting take of raptors from the wild               permitting authority to the State of
                                                        *      *      *    *     *                               for falconry. We change the Web                       California has already been subject to
                                                        ■ 4. Amend § 76.910 by revising                          address for falconers in California to                public notice-and-comment procedures,
                                                        paragraph (b)(4) to read as follows:                     report takes, acquisitions, transfers, and            and this change simply adds an Internet
                                                                                                                 losses of falconry birds.                             address to the regulations at 50 CFR
                                                        § 76.910 Franchising authority
                                                        certification.                                           DATES: This rule is effective January 1,              21.29 to allow full use of California’s
                                                                                                                 2016.                                                 permitting and reporting system. Under
                                                        *      *     *    *      *
                                                           (b) * * *                                             FOR FURTHER INFORMATION CONTACT: Ron                  5 U.S.C. 553(b), rules of agency
                                                           (4) The cable system in question is not               Kokel at 703–358–1967.                                organization, procedure, or practice may
                                                        subject to effective competition. The                                                                          be made final without previous notice to
                                                                                                                 SUPPLEMENTARY INFORMATION:
                                                        franchising authority must submit                                                                              the public. This is a final rule.
                                                        specific evidence demonstrating its                      Background
                                                                                                                                                                       Required Determinations
                                                        rebuttal of the presumption in § 76.906                     We published a final rule in the
                                                        that the cable operator is subject to                    Federal Register on October 8, 2008 (73               Regulatory Planning and Review
                                                        effective competition pursuant to                        FR 59448), to revise our regulations                  (Executive Orders 12866 and 13563)
                                                        section 76.905(b)(2). Unless a                           governing falconry in the United States,                Executive Order 12866 provides that
                                                        franchising authority has actual                         found in title 50 of the Code of Federal              the Office of Management and Budget’s
                                                        knowledge to the contrary, the                           Regulations (CFR) at § 21.29. In 2013,                Office of Information and Regulatory
                                                        franchising authority may rely on the                    we added the State of California to the               Affairs (OIRA) will review all significant
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER




                                                        presumption in § 76.906 that the cable                   list of States to which we delegate                   rules. OIRA has determined that this
                                                        operator is not subject to effective                     permitting for falconry to the State, as              rule is not significant.
                                                        competition pursuant to section                          provided under the regulations (78 FR                   Executive Order (E.O.) 13563
                                                        76.905(b)(1), (3), or (4). The franchising               72830, December 4, 2013).                             reaffirms the principles of E.O. 12866
                                                        authority bears the burden of submitting                                                                       while calling for improvements in the
                                                        evidence rebutting the presumption that                  This Rule                                             nation’s regulatory system to promote
                                                        competing provider effective                               In the falconry regulations at 50 CFR               predictability, to reduce uncertainty,
                                                        competition, as defined in                               21.29, we offer two methods to submit                 and to use the best, most innovative,
                                                        § 76.905(b)(2), exists in the franchise                  required reports or other information:                and least burdensome tools for
                                                        area. If the evidence establishing the                   (1) Electronically, by entering the                   achieving regulatory ends. The


                                                   VerDate Sep<11>2014   23:22 Jul 01, 2015   Jkt 235001   PO 00000   Frm 00091   Fmt 4700   Sfmt 4700   E:\FR\FM\02JYR1.SGM   02JYR1


                                                        38014               Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations

                                                        executive order directs agencies to                      have a significant economic impact on                 U.S.C. 3501 et seq.), and it does not
                                                        consider regulatory approaches that                      a substantial number of small entities.               contain any new collections of
                                                        reduce burdens and maintain flexibility                     a. This rule does not have an annual               information that require Office of
                                                        and freedom of choice for the public                     effect on the economy of $100 million                 Management and Budget (OMB)
                                                        where these approaches are relevant,                     or more. There are no costs to                        approval. OMB has approved the
                                                        feasible, and consistent with regulatory                 permittees or any other part of the                   information collection requirements of
                                                        objectives.                                              economy associated with this change to                the Migratory Bird Permits Program and
                                                          E.O. 13563 emphasizes further that                     the regulations.                                      assigned OMB control number 1018–
                                                        regulations must be based on the best                       b. This rule will not cause a major                0022, which expires May 31, 2017.
                                                        available science and that the                           increase in costs or prices for                       Information from the collection is used
                                                        rulemaking process must allow for                        consumers, individual industries,                     to document take of raptors from the
                                                        public participation and an open                         Federal, State, or local government                   wild for use in falconry and to
                                                        exchange of ideas. We have developed                     agencies, or geographic regions. This                 document transfers of raptors held for
                                                        this rule in a manner consistent with                    rule simplifies reporting required by 50              falconry between permittees. A Federal
                                                        these requirements.                                      CFR 21.29 for residents of California.                agency may not conduct or sponsor and
                                                                                                                    c. This rule will not have significant             a person is not required to respond to
                                                        Regulatory Flexibility Act (5 U.S.C. 601                 adverse effects on competition,                       a collection of information unless it
                                                        et seq.)                                                 employment, investment, productivity,                 displays a currently valid OMB control
                                                           Under the Regulatory Flexibility Act                  innovation, or the ability of U.S.-based              number.
                                                        (5 U.S.C. 601 et seq., as amended by the                 enterprises to compete with foreign-
                                                                                                                 based enterprises.                                    National Environmental Policy Act
                                                        Small Business Regulatory Enforcement
                                                        Fairness Act (SBREFA) of 1996 (Pub. L.                   Unfunded Mandates Reform Act                            We evaluated the environmental
                                                        104–121), whenever an agency is                                                                                impacts of the changes to the
                                                        required to publish a notice of                             In accordance with the Unfunded                    regulations, and determined that this
                                                        rulemaking for any proposed or final                     Mandates Reform Act (2 U.S.C. 1501 et                 rule does not have any environmental
                                                        rule, it must prepare and make available                 seq.), we have determined the following:              impacts.
                                                        for public comment a regulatory                             a. This rule will not ‘‘significantly or
                                                                                                                 uniquely’’ affect small governments in a              Government-to-Government
                                                        flexibility analysis that describes the
                                                                                                                 negative way. A small government                      Relationship With Tribes
                                                        effect of the rule on small entities (that
                                                        is, small businesses, small                              agency plan is not required. The State                   In accordance with the President’s
                                                        organizations, and small government                      of California requested that we make                  memorandum of April 29, 1994,
                                                        jurisdictions). However, no regulatory                   this change to the regulations to simply              ‘‘Government-to-Government Relations
                                                        flexibility analysis is required if the                  falconry reporting for that State’s                   with Native American Tribal
                                                        head of an agency certifies the rule will                residents.                                            Governments’’ (59 FR 22951), Executive
                                                        not have a significant economic impact                      b. This rule will not produce a                    Order 13175, and 512 DM 2, we have
                                                        on a substantial number of small                         Federal mandate of $100 million or                    evaluated potential effects on Federally
                                                        entities.                                                greater in any year. It is not a                      recognized Indian Tribes and have
                                                           SBREFA amended the Regulatory                         ‘‘significant regulatory action’’ under               determined that this rule will not
                                                        Flexibility Act to require Federal                       the Unfunded Mandates Reform Act.                     interfere with Tribes’ ability to manage
                                                        agencies to provide the statement of the                 Takings                                               themselves or their funds or to regulate
                                                        factual basis for certifying that a rule                                                                       falconry on Tribal lands.
                                                                                                                   In accordance with E.O. 12630, the
                                                        will not have a significant economic                                                                           Energy Supply, Distribution, or Use
                                                                                                                 rule does not have significant takings
                                                        impact on a substantial number of small
                                                                                                                 implications. A takings implication                     E.O. 13211 requires agencies to
                                                        entities.
                                                                                                                 assessment is not required. This rule                 prepare Statements of Energy Effects
                                                           We have examined this rule’s                          does not contain a provision for taking
                                                        potential effects on small entities as                                                                         when undertaking certain actions. This
                                                                                                                 of private property.                                  rule is not a significant regulatory action
                                                        required by the Regulatory Flexibility
                                                        Act, and have determined that this                       Federalism                                            under E.O. 12866, and will not
                                                        action will not have a significant                                                                             significantly affect energy supplies,
                                                                                                                   This rule does not have sufficient
                                                        economic impact on a substantial                                                                               distribution, or use. Therefore, this
                                                                                                                 Federalism effects to warrant
                                                        number of small entities. This rule                                                                            action is not a significant energy action
                                                                                                                 preparation of a federalism summary
                                                        simplifies reporting required by 50 CFR                                                                        and no Statement of Energy Effects is
                                                                                                                 impact statement under E.O. 13132. The
                                                        21.29 for residents of California. This                                                                        required.
                                                                                                                 State of California requested that we
                                                        rule does not change falconers’ costs for                make this change to the regulations to                Environmental Consequences of the
                                                        practicing their sport, nor does it affect               simplify falconry reporting for that                  Action
                                                        businesses that provide equipment or                     State’s residents.
                                                        supplies for falconry. This rule may                                                                              Socioeconomic. This action will not
                                                        result in a small savings of time and                    Civil Justice Reform                                  have discernible socioeconomic
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                                                        other resources by the State of California                 In accordance with E.O. 12988, the                  impacts.
                                                        and by the Service, but neither of these                 Office of the Solicitor has determined                   Raptor populations. This rule will not
                                                        is a small entity. Consequently, we                      that the rule does not unduly burden the              change the effects of falconry on raptor
                                                        certify that, because this rule will not                 judicial system and meets the                         populations. We are simply adding to
                                                        have a significant economic effect on a                  requirements of sections 3(a) and 3(b)(2)             our regulations at 50 CFR 21.29 a
                                                        substantial number of small entities, a                  of the Order.                                         falconry reporting method for residents
                                                        regulatory flexibility analysis is not                                                                         of California.
                                                        required.                                                Paperwork Reduction Act                                  Endangered and threatened species.
                                                           This rule is not a major rule under the                 We examined this rule under the                     This rule does not change protections
                                                        SBREFA (5 U.S.C. 804(2)). It will not                    Paperwork Reduction Act of 1995 (44                   for endangered and threatened species.


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                                                                            Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations                                               38015

                                                        Compliance With Endangered Species                       system (http://permits.fws.gov/186A) for                 (7) * * *
                                                        Act Requirements                                         reporting take, transfers, and loss of                   (i) If you acquire a bird from a
                                                           Section 7 of the Endangered Species                   falconry birds is fully operational for               rehabilitator, within 10 days of the
                                                        Act (ESA) of 1973, as amended (16                        residents of that jurisdiction.                       transaction you must report it using one
                                                        U.S.C. 1531 et seq.), requires that ‘‘The                   (ii) If you are required to submit a               of the methods listed in paragraph
                                                        Secretary [of the Interior] shall review                 report or other information under this                (b)(2)(ii) of this section.
                                                        other programs administered by him                       section, you must either enter the                    *       *     *     *    *
                                                        and utilize such programs in                             required information in the electronic                   (9) * * *
                                                        furtherance of the purposes of this                      database at http://permits.fws.gov/186A,                 (ii) * * * You must remove its
                                                        chapter’’ (16 U.S.C. 1536(a)(1)). It                     or at http://www.wildlife.ca.gov/                     falconry band (if it has one) and report
                                                        further states that the Secretary must                   FalconryReporting if you are a resident               release of the bird by submitting the
                                                        ‘‘insure that any action authorized,                     of California, or submit a paper form 3–              required information using one of the
                                                        funded, or carried out . . . is not likely               186A to your State, tribal, or territorial            methods listed in paragraph (b)(2)(ii) of
                                                        to jeopardize the continued existence of                 agency that governs falconry.                         this section.
                                                        any endangered species or threatened                     *       *     *     *    *                               (iii) * * * You must remove its
                                                        species or result in the destruction or                     (c) * * *                                          falconry band and report release of the
                                                        adverse modification of [critical]                          (6) * * *                                          bird by submitting the required
                                                        habitat’’ (16 U.S.C. 1536(a)(2)). This rule                 (i) * * * Within 10 days from the day              information using one of the methods
                                                        will not affect threatened or endangered                 on which you take the raptor from the                 listed in paragraph (b)(2)(ii) of this
                                                        species or their habitats in the United                  wild, you must report take of the bird                section.
                                                        States.                                                  by submitting the required information                *       *     *     *    *
                                                                                                                 (including the band number) using one                    (f) * * *
                                                        List of Subjects in 50 CFR Part 21                       of the methods listed in paragraph                       (6) * * * Within 10 days, you must
                                                          Exports, Hunting, Imports, Reporting                   (b)(2)(ii) of this section. * * *                     report the transfer by submitting the
                                                        and recordkeeping requirements,                             (ii) * * * You must submit the
                                                                                                                                                                       required information using one of the
                                                        Transportation, Wildlife.                                required information using one of the
                                                                                                                                                                       methods listed in paragraph (b)(2)(ii) of
                                                                                                                 methods listed in paragraph (b)(2)(ii) of
                                                        Regulation Promulgation                                                                                        this section.
                                                                                                                 this section. * * *
                                                                                                                    (iii) * * *                                        *       *     *     *    *
                                                          For the reasons stated in the
                                                        preamble, we amend subpart C of part                        (A) * * * You must submit the                        Dated: June 15, 2015.
                                                        21, subchapter B of chapter I, title 50 of               required information within 10 days of                Michael J. Bean,
                                                        the Code of Federal Regulations, as                      rebanding the raptor using one of the                 Principal Deputy Assistant Secretary for Fish
                                                        follows:                                                 methods listed in paragraph (b)(2)(ii) of             and Wildlife and Parks.
                                                                                                                 this section.                                         [FR Doc. 2015–16371 Filed 7–1–15; 8:45 am]
                                                        PART 21—MIGRATORY BIRD PERMITS                              (B) Purchase and implant an ISO-
                                                                                                                                                                       BILLING CODE 4310–55–P
                                                                                                                 compliant (134.2 kHz) microchip in the
                                                        ■ 1. The authority citation for part 21                  bird and report the microchip
                                                        continues to read as follows:                            information using one of the methods                  DEPARTMENT OF COMMERCE
                                                            Authority: 16 U.S.C. 703–12.                         listed in paragraph (b)(2)(ii) of this
                                                        ■ 2. Amend § 21.29 by:                                   section.                                              National Oceanic and Atmospheric
                                                        ■ a. Revising paragraph (b)(2);                          *       *     *     *    *                            Administration
                                                        ■ b. Revising the fifth sentence of                         (e) * * *
                                                        paragraph (c)(6)(i);                                        (2) * * *                                          50 CFR Part 622
                                                        ■ c. Revising the third sentence of                         (iv) If you are responsible for
                                                                                                                                                                       [Docket No. 0907271173–0629–03]
                                                        paragraph (c)(6)(ii);                                    reporting take of a raptor from the wild,
                                                        ■ d. Revising the second sentence of                     use one of the methods listed in                      RIN 0648–XE014
                                                        paragraph (c)(6)(iii)(A);                                paragraph (b)(2)(ii) of this section.
                                                        ■ e. Revising paragraph (c)(6)(iii)(B);                  * * *                                                 Snapper-Grouper Fishery of the South
                                                        ■ f. Revising the first sentence of                      *       *     *     *    *                            Atlantic; 2015 Recreational
                                                        paragraph (e)(2)(iv);                                       (5) * * *                                          Accountability Measures and Closure
                                                        ■ g. Revising the second sentence of                        (i) * * * You must report take of the              for South Atlantic Snowy Grouper
                                                        paragraph (e)(5)(i);                                     bird using one of the methods listed in               AGENCY:  National Marine Fisheries
                                                        ■ h. Revising paragraph (e)(6)(i);                       paragraph (b)(2)(ii) of this section at               Service (NMFS), National Oceanic and
                                                        ■ i. Revising paragraph (e)(7)(i);                       your first opportunity to do so, but no
                                                        ■ j. Revising the third sentence of
                                                                                                                                                                       Atmospheric Administration (NOAA),
                                                                                                                 more than 10 days after capture of the                Commerce.
                                                        paragraph (e)(9)(ii);                                    bird. * * *
                                                        ■ k. Revising the second sentence of                                                                           ACTION: Temporary rule; closure.
                                                                                                                 *       *     *     *    *
                                                        paragraph (e)(9)(iii); and                                  (6) * * *
                                                        ■ l. Revising the second sentence after
                                                                                                                                                                       SUMMARY:   NMFS implements
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER




                                                                                                                    (i) If you acquire a raptor; transfer,             accountability measures (AMs) for the
                                                        the heading of paragraph (f)(6).                         reband, or microchip a raptor; if a raptor
                                                          The revisions read as follows:                                                                               recreational sector for snowy grouper in
                                                                                                                 you possess is stolen; if you lose a                  the South Atlantic for the 2015 fishing
                                                        § 21.29 Falconry standards and falconry                  raptor to the wild and you do not                     year through this temporary rule.
                                                        permitting.                                              recover it within 30 days; or if a bird               Average recreational landings from
                                                        *     *     *    *     *                                 you possess for falconry dies; you must               2012–2014 exceeded the recreational
                                                          (b) * * *                                              report the change within 10 days using                annual catch limit (ACL) for snowy
                                                          (2) Reporting. (i) The State, tribe, or                one of the methods listed in paragraph                grouper. To account for this overage,
                                                        territory must work with us to ensure                    (b)(2)(ii) of this section.                           this rule reduces the length of the 2015
                                                        that the electronic 3–186A reporting                     *       *     *     *    *                            recreational fishing season. Therefore,


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Document Created: 2015-12-15 13:15:16
Document Modified: 2015-12-15 13:15:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective January 1, 2016.
ContactRon Kokel at 703-358-1967.
FR Citation80 FR 38013 
RIN Number1018-BA90
CFR AssociatedExports; Hunting; Imports; Reporting and Recordkeeping Requirements; Transportation and Wildlife

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