83 FR 17987 - Migratory Bird Permits; Regulations for Managing Resident Canada Goose Populations
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 80 (April 25, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 80 (April 25, 2018)
| Page Range | 17987-17992 | |
| FR Document | 2018-08500 |
[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)] [Proposed Rules] [Pages 17987-17992] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08500] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Parts 20 and 21 [Docket No. FWS-HQ-MB-2018-0012; FF09M21200-178-FXMB1232099BPP0L2] RIN 1018-BC72 Migratory Bird Permits; Regulations for Managing Resident Canada Goose Populations AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In 2005, the U.S. Fish and Wildlife Service (Service or ``we'') published a final environmental impact statement on management of resident Canada geese (Branta canadensis) that documented resident Canada goose population levels ``that are increasingly coming into conflict with people and [[Page 17988]] causing personal and public property damage.'' Subsequently, the Service implemented several actions intended to reduce, manage, and control resident Canada goose populations in the continental United States and to reduce related damages; those actions included depredation and control orders that allow destruction of Canada goose nests and eggs by authorized personnel between March 1 and June 30. However, some resident Canada geese currently initiate nests in February, particularly in the southern United States, and it seems likely that in the future nest initiation dates will begin earlier and hatching of eggs will perhaps end later than dates currently experienced. Thus, the Service proposes to amend the depredation and control orders to allow destruction of resident Canada goose nests and eggs at any time of year. DATES: Comments on this proposed rule must be received by May 25, 2018. ADDRESSES: Document availability: You may obtain copies of the related environmental assessment at http://www.regulations.gov in Docket No. FWS-HQ-MB-2018-0012. Comment submission: You may submit comments by either one of the following methods. Please do not submit comments by both.Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments to Docket No. FWS-HQ- MB-2018-0012. U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-HQ-MB-2018-0012; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service; MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803. We will not accept email or faxes. We will post all comments on http://www.regulations.gov, including any personal information you provide. See Public Comments, below, for more information. FOR FURTHER INFORMATION CONTACT: Paul I. Padding, Atlantic Flyway Representative, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 11510 American Holly Drive, Laurel, MD 20708; (301) 497-5851 or email [email protected]. SUPPLEMENTARY INFORMATION: Authority and Responsibility Migratory birds are protected under four bilateral migratory bird treaties the United States entered into with Great Britain (for Canada in 1916 as amended in 1999), the United Mexican States (1936 as amended in 1972 and 1999), Japan (1972 as amended in 1974), and the Soviet Union (1978). Regulations allowing the take of migratory birds are authorized by the Migratory Bird Treaty Act (Act; 16 U.S.C. 703-712), which implements the above-mentioned treaties. The Act provides that, subject to and to carry out the purposes of the treaties, the Secretary of the Interior is authorized and directed to determine when, to what extent, and by what means allowing hunting, killing, and other forms of taking of migratory birds, their nests, and eggs is compatible with the conventions. The Act requires the Secretary to implement a determination by adopting regulations permitting and governing those activities. Canada geese are federally protected by the Act because they are listed as migratory birds in all four treaties. Because Canada geese are covered by all four treaties, regulations must meet the requirements of the most restrictive of the four. For Canada geese, this is the treaty with Canada. All regulations concerning resident Canada geese are compatible with its terms, with particular reference to Articles II, V, and VII. Each treaty not only permits sport hunting, but permits the take of migratory birds for other reasons, including scientific, educational, propagative, or other specific purposes consistent with the conservation principles of the various Conventions. More specifically, Article VII, Article II (paragraph 3), and Article V of ``The Protocol Between the Government of the United States of America and the Government of Canada Amending the 1916 Convention between the United Kingdom and the United States of America for the Protection of Migratory Birds in Canada and the United States'' provides specific limitations on allowing the take of migratory birds for reasons other than sport hunting. Article VII authorizes permitting the take, kill, etc., of migratory birds that, under extraordinary conditions, become seriously injurious to agricultural or other interests. Article V relates to the taking of nests and eggs, and Article II, paragraph 3, states that, in order to ensure the long-term conservation of migratory birds, migratory bird populations shall be managed in accord with listed conservation principles. The other treaties are less restrictive. The treaties with both Japan (Article III, paragraph 1, subparagraph (b)) and the Soviet Union (Article II, paragraph 1, subparagraph (d)) provide specific exceptions to migratory bird take prohibitions for the purpose of protecting persons and property. The treaty with Mexico requires, with regard to migratory game birds, only that there be a ``closed season'' on hunting and that hunting be limited to 4 months in each year. Regulations governing the issuance of permits to take, capture, kill, possess, and transport migratory birds are promulgated at title 50, Code of Federal Regulations (CFR), parts 13, 21 and 22, and issued by the Service. The Service annually promulgates regulations governing the take, possession, and transportation of migratory game birds under sport hunting seasons at 50 CFR part 20. Regulations regarding all other take of migratory birds (except for eagles) are published at 50 CFR part 21, and typically are not changed annually. Background In November 2005, the U.S. Fish and Wildlife Service (Service or ``we'') published a final environmental impact statement on management of resident Canada geese that documented resident Canada goose population levels ``that are increasingly coming into conflict with people and causing personal and public property damage.'' On August 10, 2006, we published in the Federal Register (71 FR 45964) a final rule establishing regulations at 50 CFR parts 20 and 21 authorizing State wildlife agencies, private landowners, and airports to conduct (or allow) indirect and/or direct population control management activities to reduce, manage, and control resident Canada goose populations in the continental United States and to reduce related damages. Those activities include depredation and control orders that allow destruction of resident Canada goose nests and eggs by authorized personnel between March 1 and June 30, because that timeframe encompassed the period when resident Canada geese typically nested. In recent years, some resident Canada geese have initiated nests in February, particularly in the southern United States, and it seems likely that in the future nest initiation dates will begin earlier and hatching of eggs will perhaps end later than dates currently experienced. This proposed rule would amend the special permit and depredation and control orders to allow destruction of resident Canada goose nests and eggs at any time of year, thereby affording State agencies, private landowners, and airports greater flexibility to use these methods of controlling local abundances of resident Canada geese. Definition of Resident Canada Geese The current definition of resident Canada geese contained in 50 CFR 20.11 and 21.3 states that ``Canada geese that [[Page 17989]] nest within the lower 48 States and the District of Columbia in the months of March, April, May, or June, or reside within the lower 48 States and the District of Columbia in the months of April, May, June, July, or August'' are considered resident Canada geese. We are proposing to amend this definition by deleting the phrase, ``in the months of March, April, May, or June,'' (following the word ``Columbia'') to clarify that any Canada geese that nest within lower 48 States and the District of Columbia are resident Canada geese. Removal of Date Restrictions on Nest and Egg Destruction In title 50 of the CFR, destruction of resident Canada goose nests and eggs is currently authorized under special Canada goose permits (Sec. 21.26), a control order for airports and military airfields (Sec. 21.49), a depredation order specific to nests and eggs (Sec. 21.50), a depredation order for agricultural facilities (Sec. 21.51), and a public health control order (Sec. 21.52). Each of these regulations prescribes the dates during which nests and eggs of resident Canada goose may be destroyed. We propose to remove those date restrictions and allow destruction of Canada goose nests and eggs, as otherwise authorized under these regulations, at any time of year. Our proposal is based on several factors. First, nest and egg destruction has been an effective tool in reducing local conflicts and damages caused by resident Canada geese. Second, resident Canada geese are identified as such based on where, not when, they nest. Lastly, some Canada geese are already nesting in February in southern States, and it seems likely that nest initiation dates will also advance into February in mid-latitude and perhaps northern States in the future, and hatching of nests may occur later than June 30. Eliminating Date Restrictions for Lethal Control Activities in California, Oregon, and Washington On June 17, 1999, we published in the Federal Register (64 FR 32766) a final rule establishing 50 CFR 21.26, the special Canada goose permit. Special Canada goose permits may be issued to State wildlife agencies authorizing them to conduct certain resident Canada goose management and control activities that are normally prohibited. At that time, we indicated that States may conduct those control activities between March 11 and August 31, but that they should make a concerted effort to limit the take of adult birds to June, July, and August in order to minimize the potential impact on migrant populations. We imposed a date restriction of May 1 through August 31 in some areas in California, Oregon, and Washington inhabited by the threatened Aleutian Canada goose (Branta canadensis leucopareia) pursuant to the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The Aleutian Canada goose was listed as endangered in 1967 (32 FR 4001; March 11, 1967) and reclassified to threatened status in 1990 (55 FR 51106; December 12, 1990). Aleutian geese occur in a small numbers within these States, primarily San Joaquin Valley and Sacramento River Delta areas in central California, Humboldt Bay and Crescent City areas on the northern California coast, and Langlois and Pacific City areas on the Oregon coast. We indicated that if this subspecies is delisted, we would review this provision. On March 20, 2001, we published in the Federal Register (66 FR 15643) a final rule to remove the Aleutian Canada goose from the Federal List of Endangered and Threatened Wildlife, due to recovery. Abundance of this population increased from 790 birds in 1975, to an estimated 156,030 in the winter of 2016. The Pacific Flyway Council's objective for this population is 60,000 geese. Currently, there is no special habitat or other threat that may reduce this population back to levels that may need protection under the ESA. Considering the current status of the Aleutian Canada goose, we propose to remove the May 1 restriction so that management and control activities may be conducted during the same period (March 11 through August 31) throughout all States. Environmental Assessment We prepared an environmental assessment (EA) that analyzed two alternative courses of action to address these earlier nesting and later hatching dates and decrease local abundances of Canada geese that nest in the lower 48 States and the District of Columbia: (1) Maintain the current date restrictions specified in regulations at 50 CFR 21.26, 21.49, 21.50, 21.51, and 21.52 on destruction of resident Canada goose nests and eggs, and no change in the definition of resident Canada geese at 50 CFR 20.11 and 21.3 (No action); and (2) Revise the definition of resident Canada geese at 50 CFR 20.11 and 21.3, and allow destruction of resident Canada goose nests and eggs at any time of year under 50 CFR 21.26, 21.49, 21.50, 21.51, and 21.52 (Proposed action). The full EA can be found on our website at http://www.fws.gov/birds or at http://www.regulations.gov at Docket No. FWS-HQ-MB-2018-0012. We note that the proposed amendment to Sec. 21.26 in regard to accounting for the current status of the Aleutian Canada goose was not addressed in the EA, but is a categorically excluded action (43 CFR 46.210) addressed in an environmental action statement (EAS). The EAS can be found on our website at http://www.fws.gov/birds or at http://www.regulations.gov at Docket No. FWS-HQ-MB-2018-0012. Public Comments You may submit your comments and supporting materials by one of the methods listed in ADDRESSES. We will not consider comments sent by email or fax, or written comments sent to an address other than the one listed in ADDRESSES. Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, are available for public inspection at http://www.regulations.gov. We will post your entire comment--including your personal identifying information--on http://www.regulations.gov. You may request at the top of your document that we withhold personal information such as your street address, phone number, or email address from public review; however, we cannot guarantee that we will be able to do so. Required Determinations Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order (E.O.) 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) 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 [[Page 17990]] exchange of ideas. We have developed this proposed rule in a manner consistent with these requirements. Regulatory Flexibility Act 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 effects 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 would 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 a statement of the factual basis for certifying that a rule would not have a significant economic impact on a substantial number of small entities. Thus, for a regulatory flexibility analysis to be required, impacts must exceed a threshold for ``significant impact'' and a threshold for a ``substantial number of small entities.'' See 5 U.S.C. 605(b). The economic impacts of this proposed rule would primarily affect State and local governments and the U.S. Department of Agriculture's Wildlife Services because of the structure of wildlife damage management. Data are not available to estimate the exact number of local governments that would be affected, but it is unlikely to be a substantial number nationally. Therefore, we certify that, if adopted, this rule would not have a significant economic impact on a substantial number of small entities. Small Business Regulatory Enforcement Fairness Act This proposed rule is not a major rule under SBREFA (5 U.S.C. 804(2)). It would not have a significant impact on a substantial number of small entities. This rule would not have an annual effect on the economy of $100 million or more. This rule would not cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local government agencies; or geographic regions. Finally, this rule would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the abilities of U.S.-based enterprises to compete with foreign-based enterprises. Executive Order 13771--Reducing Regulation and Controlling Regulatory Costs This proposed rule is expected to be an Executive Order (E.O.) 13771 (82 FR 9339, February 3, 2017) deregulatory action because it would relieve a restriction in 50 CFR parts 20 and 21. 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 proposed rule would not ``significantly or uniquely'' affect small government activities. A small government agency plan is not required. b. This proposed rule would not produce a Federal mandate on local or State government or private entities. Therefore, this action is not a ``significant regulatory action'' under the Unfunded Mandates Reform Act. Takings In accordance with E.O. 12630, this proposed rule does not contain a provision for taking of private property, and would not have significant takings implications. A takings implication assessment is not required. Federalism This proposed rule would not interfere with the States' abilities to manage themselves or their funds. We do not expect any economic impacts to result from this regulations change. This rule would not have sufficient Federalism effects to warrant preparation of a federalism summary impact statement under E.O. 13132. Civil Justice Reform In accordance with E.O. 12988, the Office of the Solicitor has determined that the proposed rule will not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. Paperwork Reduction Act This proposed rule does not contain new collections of information that require approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). OMB has approved the information collection requirements associated with the control and management of resident Canada geese at 50 CFR part 20 and 50 CFR part 21, and assigned OMB Control Number 1018-0133 (expires December 31, 2018). 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 proposed rule in accordance with the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) and U.S. Department of the Interior regulations at 43 CFR part 46. We have completed an environmental assessment of the proposed amendment of the depredation and control orders that would allow destruction of resident Canada goose nests and eggs at any time of year; that environmental assessment is included in the docket for this proposed rule. We conclude that our proposed action would have the impacts listed below under Environmental Consequences of the Action. The proposed amendment to Sec. 21.26 in regard to accounting for the current status of the Aleutian Canada goose was not addressed in the EA, but is a NEPA categorically excluded action (43 CFR 46.210) addressed in an environmental action statement (EAS), which is also included in the docket for this proposed rule. The docket for this proposed rule is available at http://www.regulations.gov (Docket No. FWS-HQ-MB-2018- 0012). Environmental Consequences of the Action Migrant Canada geese do not nest in the lower 48 States or the District of Columbia; thus, this proposed action (amendments related only to depredation and control orders) is not expected to have any significant impacts on migrant Canada geese. All resident Canada goose population abundances are well above population objectives. Assuming that the number of resident Canada geese that initiate nests in January or February does not exceed the current number that initiate nests in March, we expect that this proposed action would result in destruction of a maximum of 2,749 additional nests in January and February. We expect it is more likely that the proposed action would shift some portion of the current resident Canada goose nest and egg destruction activities occurring in March to either January or February. All populations of resident Canada geese are expected to remain at or above population objective levels. Socioeconomic. This proposed action is expected to have positive impacts on the socioeconomic environment in localized urban and suburban areas where resident Canada geese are subjected to continued (annual) nest and egg destruction actions that gradually reduce goose numbers and [[Page 17991]] resulting conflicts. It is also expected to reduce crop depredation at some localized agricultural sites where nest destruction can encourage geese to leave the site. Endangered and threatened species. The proposed rule will not affect endangered or threatened species or critical habitats. Compliance With Endangered Species Act Requirements Section 7 of the Endangered Species Act of 1973, as amended (ESA; 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 Act'' (16 U.S.C. 1536(a)(1)). It further states that ``[e]ach Federal agency shall, in consultation with and with the assistance of the Secretary, insure that any action authorized, funded, or carried out by such agency * * * 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 proposed rule would not affect endangered or threatened species or critical habitats. 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), E.O. 13175, and 512 DM 2, we have evaluated potential effects on federally recognized Indian tribes and have determined that there are no potential effects. This proposed rule would not interfere with the tribes' abilities to manage themselves or their funds or to regulate migratory bird activities on tribal lands. Clarity of This Proposed Rule We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in ADDRESSES. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. Energy Supply, Distribution, or Use (E.O. 13211) E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. This proposed rule is not a significant regulatory action under E.O. 13211, and would not significantly affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action. No Statement of Energy Effects is required. List of Subjects in 50 CFR Parts 20 and 21 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. Proposed Regulation Promulgation For the reasons stated in the preamble, we hereby propose to amend parts 20 and 21, of subchapter B, chapter I, title 50 of the Code of Federal Regulations, as set forth below: PART 20--MIGRATORY BIRD HUNTING 0 1. The authority citation for part 20 continues to read as follows: Authority: 16 U.S.C. 703 et seq, and 16 U.S.C. 742a-j. 0 2. Amend Sec. 20.11 by revising paragraph (n) to read as follows: Sec. 20.11 What terms do I need to understand? * * * * * (n) Resident Canada geese means Canada geese that nest within the lower 48 States and the District of Columbia or that reside within the lower 48 States and the District of Columbia in the months of April, May, June, July, or August. * * * * * PART 21--MIGRATORY BIRD PERMITS 0 3. The authority citation for part 21 is revised to read as follows: Authority: 16 U.S.C. 703-712. 0 4. Amend Sec. 21.3 by revising the definition for ``Resident Canada geese'' to read as follows: Sec. 21.3 Definitions. * * * * * Resident Canada geese means Canada geese that nest within the lower 48 States and the District of Columbia or that reside within the lower 48 States and the District of Columbia in the months of April, May, June, July, or August. * * * * * 0 5. Amend Sec. 21.26 by revising paragraph (d)(2) to read as follows: Sec. 21.26 Special Canada goose permit. * * * * * (d) * * * (2) When may a State conduct management and control activities? States and their employees and agents may conduct egg and nest manipulation activities at any time of year. Other management and control activities, including the take of resident Canada geese, under this section may only be conducted between March 11 and August 31. * * * * * 0 6. Amend Sec. 21.49 by revising paragraph (d)(3) to read as follows: Sec. 21.49 Control order for resident Canada geese at airports and military airfields. * * * * * (d) * * * (3) Airports and military airfields may conduct management and control activities, involving the take of resident Canada geese, under this section between April 1 and September 15. The destruction of resident Canada goose nests and eggs may take place at any time of year. * * * * * 0 7. Amend Sec. 21.50 by revising paragraph (d)(4) to read as follows: Sec. 21.50 Depredation order for resident Canada geese nests and eggs. * * * * * (d) * * * (4) Registrants may conduct resident Canada goose nest and egg destruction activities at any time of year. Homeowners' associations and local governments or their agents must obtain landowner consent prior to destroying nests and eggs on private property within the homeowners' association or local government's jurisdiction and be in compliance with all State and local laws and regulations. * * * * * 0 8. Amend Sec. 21.51 by revising paragraph (d)(4) to read as follows: Sec. 21.51 Depredation order for resident Canada geese at agricultural facilities. * * * * * (d) * * * (4) Authorized agricultural producers and their employees and agents may [[Page 17992]] conduct management and control activities, involving the take of resident Canada geese, under this section between May 1 and August 31. The destruction of resident Canada goose nests and eggs may take place at any time of year. * * * * * 0 9. Amend Sec. 21.52 by revising paragraph (e)(3) to read as follows: Sec. 21.52 Public health control order for resident Canada geese. * * * * * (e) * * * (3) Authorized State and Tribal wildlife agencies and their employees and agents may conduct management and control activities, involving the take of resident Canada geese, under this section between April 1 and August 31. The destruction of resident Canada goose nests and eggs may take place at any time of year. * * * * * Dated: April 10, 2018. Susan Combs, Senior Advisor to the Secretary, Exercising the Authority of the Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2018-08500 Filed 4-24-18; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules 17987
impressed or embossed on the side of such labels of deliverable items called for by the Contract or Order Number: ________
containers and preceded by the State contract. Destination: ________.’’
abbreviation. Containers shall be tagged or (b) Mark deliverables, except reports, for: (b) Government Bills of Lading.
labeled to show the name and address of the ________*. (1) International (export) and domestic
approved producer or shipper, the name of * Contracting Officer shall insert overseas shipments of items deliverable
the State of origin, and the certificate number appropriate identifying data. under this contract shall be made by
of the approved producer or shipper. Government bills of lading (GBLs). As used
(End of clause)
(End of clause) in this clause, ‘‘domestic overseas’’ means
■ 24. Section 852.247–73 is added to non-continental United States, i.e., Hawaii,
■ 21. Section 852.247–70 is revised to read as follows: Commonwealth of Puerto Rico, and
read as follows: possessions of the United States.
852.247–73 Packing for Domestic (2) At least 15 days before shipment, the
852.247–70 Determining Transportation Shipment. Contractor shall request in writing GBLs
Costs for Evaluation of Offers. from: ________ [Insert name, title, and
As prescribed in 847.305–10(b), insert
As prescribed in 847.305–70, insert the following clause: mailing address of designated transportation
the following provision: officer or other official delegated
Packing for Domestic Shipment (Date) responsibility for GBLs]. If time is limited,
Determining Transportation Costs for requests may be by telephone: ________
Evaluation of Offers (Date) Material shall be packed for shipment in [Insert appropriate telephone number].
such a manner that will insure acceptance by Requests for GBLs shall include the following
For the purpose of evaluating bids and for common carriers and safe delivery at
no other purpose, the delivered price per unit information.
destination. Containers and closures shall (i) Item identification/description.
will be determined by adding the nationwide comply with regulations of carriers as
average transportation charge to the F.o.b. (ii) Origin and destination.
applicable to the mode of transportation. (iii) Individual and total weights.
origin bid prices. The nationwide average
transportation charge will be determined by (End of clause) (iv) Dimensional weight.
applying the following formula: Multiply the (v) Dimensions and total cubic footage.
■ 25. Section 852.247–74 is added to (vi) Total number of pieces.
guaranteed shipping weight by the freight,
parcel post, or express rate, whichever is read as follows: (vii) Total dollar value.
proper, to each destination shown below and (viii) Other pertinent data.
852.247–74 Advance Notice of Shipment.
then multiply the resulting transportation (End of clause)
charges by the anticipated demand factor As prescribed in 847.305–71(a), insert
shown for each destination. Total the the following clause:
852.270–2 [Removed].
resulting weighted transportation charges for
all destinations and divide the total by 20 to
Advance Notice of Shipment (Date) ■ 27. Section 852.270–2 is removed.
give the nationwide average transportation [Insert number of work days] work days
charge. 852.270–3 [Removed].
prior to shipping item(s)
[Insert items to be shipped], the Contractor ■ 28. Section 852.270–3 is removed.
ANTICIPATED DEMAND shall furnish the anticipated shipment date,
bill of lading number (if applicable), and PART 870—SPECIAL PROCUREMENT
Area destination Factor carrier identity to [Insert individual(s) to CONTROLS
receive notification] and to the Contracting
Oakland, California ......................... 3 Officer. 870 [Removed and reserved].
Dallas, Texas .................................. 2 (End of clause) ■ 29. Part 870 is removed and reserved.
Omaha, Nebraska .......................... 3 [FR Doc. 2018–07130 Filed 4–24–18; 8:45 am]
Fort Wayne, Indiana ....................... 4 ■ 26. Section 852.247–75 is added to
BILLING CODE 8320–01–P
Atlanta, Georgia .............................. 3 read as follows:
New York, New York ...................... 5
852.247–75 Bills of Lading.
Total of factors ............................ 20 As prescribed in 847.305–71(b), insert DEPARTMENT OF THE INTERIOR
the following clause:
(End of provision) Fish and Wildlife Service
Bills of Lading (Date)
■ 22. Section 852.247–71 is added to
The purpose of this clause is to define 50 CFR Parts 20 and 21
read as follows:
when a commercial bill of lading or a [Docket No. FWS–HQ–MB–2018–0012;
852.247–71 Delivery Location. government bill of lading is to be used when FF09M21200–178–FXMB1232099BPP0L2]
As prescribed in 847.302, insert a shipments of deliverable items under this
contract are F.o.b. origin. RIN 1018–BC72
clause substantially as follows:
(a) Commercial Bills of Lading. All
Delivery Location (Date) domestic shipments shall be made via Migratory Bird Permits; Regulations
commercial bills of lading (CBLs). The for Managing Resident Canada Goose
Shipment of deliverable items, other than
Contractor shall prepay domestic Populations
reports, shall be to: __* Contracting Officer
transportation charges. The Government shall
shall insert appropriate identifying data. AGENCY: Fish and Wildlife Service,
reimburse the Contractor for these charges if
(End of clause) they are added to the invoice as a separate Interior.
line item supported by the paid freight ACTION: Proposed rule.
■ 23. Section 852.247–72 is added to receipts. If paid receipts in support of the
read as follows:
daltland on DSKBBV9HB2PROD with PROPOSALS
invoice are not obtainable, a statement as SUMMARY: In 2005, the U.S. Fish and
852.247–72 Marking Deliverables. described below must be completed, signed Wildlife Service (Service or ‘‘we’’)
by an authorized company representative, published a final environmental impact
As prescribed in 847.305–10(a) insert and attached to the invoice.
a clause substantially the same as: ‘‘I certify that the shipments identified
statement on management of resident
below have been made, transportation Canada geese (Branta canadensis) that
Marking Deliverables (Date) documented resident Canada goose
charges have been paid by (company name),
(a) The contract number shall be placed on and paid freight or comparable receipts are population levels ‘‘that are increasingly
or adjacent to all exterior mailing or shipping not obtainable. coming into conflict with people and
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![Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules 17991
resulting conflicts. It is also expected to of the methods listed in ADDRESSES. To Resident Canada geese means Canada
reduce crop depredation at some better help us revise the rule, your geese that nest within the lower 48
localized agricultural sites where nest comments should be as specific as States and the District of Columbia or
destruction can encourage geese to leave possible. For example, you should tell that reside within the lower 48 States
the site. us the numbers of the sections or and the District of Columbia in the
Endangered and threatened species. paragraphs that are unclearly written, months of April, May, June, July, or
The proposed rule will not affect which sections or sentences are too August.
endangered or threatened species or long, the sections where you feel lists or * * * * *
critical habitats. tables would be useful, etc. ■ 5. Amend § 21.26 by revising
Compliance With Endangered Species Energy Supply, Distribution, or Use paragraph (d)(2) to read as follows:
Act Requirements (E.O. 13211) § 21.26 Special Canada goose permit.
Section 7 of the Endangered Species E.O. 13211 requires agencies to * * * * *
Act of 1973, as amended (ESA; 16 prepare Statements of Energy Effects (d) * * *
U.S.C. 1531 et seq.), requires that ‘‘The when undertaking certain actions. This (2) When may a State conduct
Secretary [of the Interior] shall review proposed rule is not a significant management and control activities?
other programs administered by him regulatory action under E.O. 13211, and States and their employees and agents
and utilize such programs in would not significantly affect energy may conduct egg and nest manipulation
furtherance of the purposes of this Act’’ supplies, distribution, or use. Therefore, activities at any time of year. Other
(16 U.S.C. 1536(a)(1)). It further states this action is not a significant energy management and control activities,
that ‘‘[e]ach Federal agency shall, in action. No Statement of Energy Effects is including the take of resident Canada
consultation with and with the required. geese, under this section may only be
assistance of the Secretary, insure that conducted between March 11 and
List of Subjects in 50 CFR Parts 20 and
any action authorized, funded, or August 31.
21
carried out by such agency * * * is not * * * * *
likely to jeopardize the continued Exports, Hunting, Imports, Reporting ■ 6. Amend § 21.49 by revising
existence of any endangered species or and recordkeeping requirements, paragraph (d)(3) to read as follows:
threatened species or result in the Transportation, Wildlife.
destruction or adverse modification of § 21.49 Control order for resident Canada
Proposed Regulation Promulgation geese at airports and military airfields.
[critical] habitat’’ (16 U.S.C. 1536(a)(2)).
The proposed rule would not affect For the reasons stated in the * * * * *
endangered or threatened species or preamble, we hereby propose to amend (d) * * *
critical habitats. parts 20 and 21, of subchapter B, (3) Airports and military airfields may
chapter I, title 50 of the Code of Federal conduct management and control
Government-to-Government Regulations, as set forth below: activities, involving the take of resident
Relationship With Tribes Canada geese, under this section
In accordance with the President’s PART 20—MIGRATORY BIRD between April 1 and September 15. The
memorandum of April 29, 1994, HUNTING destruction of resident Canada goose
‘‘Government-to-Government Relations ■ 1. The authority citation for part 20 nests and eggs may take place at any
with Native American Tribal continues to read as follows: time of year.
Governments’’ (59 FR 22951), E.O. * * * * *
13175, and 512 DM 2, we have Authority: 16 U.S.C. 703 et seq, and 16
■ 7. Amend § 21.50 by revising
U.S.C. 742a–j.
evaluated potential effects on federally paragraph (d)(4) to read as follows:
recognized Indian tribes and have ■ 2. Amend § 20.11 by revising
determined that there are no potential paragraph (n) to read as follows: § 21.50 Depredation order for resident
effects. This proposed rule would not Canada geese nests and eggs.
§ 20.11 What terms do I need to * * * * *
interfere with the tribes’ abilities to understand?
manage themselves or their funds or to (d) * * *
regulate migratory bird activities on * * * * * (4) Registrants may conduct resident
tribal lands. (n) Resident Canada geese means Canada goose nest and egg destruction
Canada geese that nest within the lower activities at any time of year.
Clarity of This Proposed Rule 48 States and the District of Columbia Homeowners’ associations and local
We are required by Executive Orders or that reside within the lower 48 States governments or their agents must obtain
12866 and 12988 and by the and the District of Columbia in the landowner consent prior to destroying
Presidential Memorandum of June 1, months of April, May, June, July, or nests and eggs on private property
1998, to write all rules in plain August. within the homeowners’ association or
language. This means that each rule we * * * * * local government’s jurisdiction and be
publish must: in compliance with all State and local
(a) Be logically organized; PART 21—MIGRATORY BIRD PERMITS laws and regulations.
(b) Use the active voice to address ■ 3. The authority citation for part 21 is * * * * *
readers directly; revised to read as follows: ■ 8. Amend § 21.51 by revising
daltland on DSKBBV9HB2PROD with PROPOSALS
(c) Use clear language rather than paragraph (d)(4) to read as follows:
jargon; Authority: 16 U.S.C. 703–712.
(d) Be divided into short sections and ■ 4. Amend § 21.3 by revising the § 21.51 Depredation order for resident
sentences; and definition for ‘‘Resident Canada geese’’ Canada geese at agricultural facilities.
(e) Use lists and tables wherever to read as follows: * * * * *
possible. (d) * * *
If you feel that we have not met these § 21.3 Definitions. (4) Authorized agricultural producers
requirements, send us comments by one * * * * * and their employees and agents may
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![17992 Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules
conduct management and control § 21.52 Public health control order for goose nests and eggs may take place at
activities, involving the take of resident resident Canada geese. any time of year.
Canada geese, under this section * * * * * * * * * *
between May 1 and August 31. The (e) * * *
(3) Authorized State and Tribal Dated: April 10, 2018.
destruction of resident Canada goose
wildlife agencies and their employees Susan Combs,
nests and eggs may take place at any
time of year. and agents may conduct management Senior Advisor to the Secretary, Exercising
and control activities, involving the take the Authority of the Assistant Secretary for
* * * * * of resident Canada geese, under this Fish and Wildlife and Parks.
■ 9. Amend § 21.52 by revising section between April 1 and August 31. [FR Doc. 2018–08500 Filed 4–24–18; 8:45 am]
paragraph (e)(3) to read as follows: The destruction of resident Canada BILLING CODE 4333–15–P
daltland on DSKBBV9HB2PROD with PROPOSALS
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Document Created: 2018-11-02 08:17:40
Document Modified: 2018-11-02 08:17:40
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments on this proposed rule must be received by May 25, 2018. | |
| Contact | Paul I. Padding, Atlantic Flyway Representative, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 11510 American Holly Drive, Laurel, MD 20708; (301) 497-5851 or email [email protected] | |
| FR Citation | 83 FR 17987 | |
| RIN Number | 1018-BC72 | |
| CFR Citation | 50
CFR
20 50 CFR 21 | |
| CFR Associated | Exports; Hunting; Imports; Reporting and Recordkeeping Requirements; Transportation and Wildlife |
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