[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5579]


[[Page Unknown]]

[Federal Register: March 10, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

RIN 1018 AB45

 

Migratory Bird Permits; Determination That Kansas, New Hampshire, 
and Rhode Island Meet Federal Falconry Standards

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

SUMMARY: The Service adds Kansas, New Hampshire, and Rhode Island to 
the list of States whose falconry laws have been determined by the 
Director to meet or exceed minimum standards. As a result, Kansas, New 
Hampshire and Rhode Island are participants in the cooperative Federal-
State permit application program and falconry may be practiced by those 
States. Also, the asterisk preceding Missouri in 50 CFR 21.29(k) is 
removed as there is no longer a cooperative Federal-State permit 
application program in Missouri.

DATES: This rule is effective on March 10, 1994.

ADDRESSES: Comments and material concerning this rule should be sent to 
the Director, U.S. Fish and Wildlife Service, P.O. Box 3247, Arlington, 
Virginia 22203-3247. Comments and materials may be hand-delivered to 
the U.S. Fish and Wildlife Service, Division of Law Enforcement, 4401 
N. Fairfax Drive, room 500, Arlington, Virginia, between the hours of 8 
a.m. and 4 p.m., Monday though Friday.

FOR FURTHER INFORMATION CONTACT:
Frank S. Shoemaker, Special Agent in Charge, Investigations, Division 
of Law Enforcement, Fish and Wildlife Service, U.S. Department of the 
Interior, Washington, DC 20240, Telephone Number (703) 358-1949.

SUPPLEMENTARY INFORMATION:

Background

    Regulations in 50 CFR Part 21 provide for review and approval of 
State falconry laws by the Service. A list of States whose falconry 
laws have been approved by the Service is found in 50 CFR 21.29(k). 
Falconry is permitted in the those States. As provided by 50 CFR 
21.29(c), the Director has reviewed certified copies of the falconry 
regulations adopted by the States of New Hampshire (New Hampshire Fish 
and Game Laws Chapter 209-A, effective January 1, 1988). Rhode Island 
(Chapter 20-17, General Laws of Rhode Island incorporating 50 CFR 21.27 
through 21.30, effective December 15, 1992), and Kansas (K.A.R. 23-21-1 
through 23-21-14, effective May 1, 1988). These regulations meet or 
exceed the minimum restrictions, conditions and requirements contained 
in 50 21.29(d) through (i) prescribed for permit requirements, classes 
of permits, examination procedures, facilities and equipment standards, 
raptor marking, and raptor taking restrictions. The Kansas, New 
Hampshire and Rhode Island regulations also meet or exceed all 
restrictions or conditions found in 50 CFR 21.29(j). Based on the 
review, the Director has determined that the falconry regulations of 
the States of Kansas, New Hampshire and Rhode Island meet or exceed the 
Federal standards.
    On March 11, 1992, the Missouri Department of Conservation notified 
the Service that the cooperative Federal-State permit application 
program was no longer in effect. Effective March 10, 1994, the practice 
of falconry in Kansas, New Hampshire, and Rhode Island will be governed 
by provisions found in 50 CFR 21.28 and 21.29 and the asterisk 
following Missouri in 50 CFR 21.29(k) will be removed thereby removing 
Missouri from the cooperative Federal-State permit application program.
    The notice requirements of 5 U.S.C. Sec. 553(b) are not applicable 
because public comments were solicited by the Service in a proposed 
rule for falconry permit regulations published in the Federal Register 
on December 20, 1987, (52 CFR 48948) and on September 14, 1989, (54 FR 
38142) the final rule was published in the Federal Register. Also, the 
Kansas, New Hampshire, and Rhode Island regulatory programs allowed for 
reasonable public input. On November 17, 1987, the Kansas Department of 
Wildlife and Parks Commission held public hearings that were attended 
by falconers and concerned wildlife conservation organizations. Similar 
provisions for public hearing or comments were provided in New 
Hampshire on December 24, 1987, and November 20, 1992, and in Rhode 
Island on August 27, 1992. The Proposed Rule, Migratory Bird Permits; 
Determination That Kansas Meets Federal Falconry Standards, was 
published in the Federal Register on November 14, 1990, (55 FR 47498). 
Public comments were solicited at that time and none were received. As 
the rules relating too New Hampshire and Rhode Island are similar to 
those enacted by Kansas; and because of similar public hearings held in 
the respective states, as well as no comments having been received 
regarding the Kansas falconry rules, the falconry regulations adopted 
by New Hampshire and Rhode Island are also being added to this final 
rule.
    This rule relieves a restriction prohibiting Kansas, New Hampshire 
and Rhode Island from the practice of falconry; therefore, it is 
effective upon publication in accordance with 5 U.S.C. 553(d)(1).

Need for Rulemaking

    The need for changes to Title 50 CFR Part 21, has arisen from the 
expressed needs of those States (Kansas, New Hampshire, and Rhode 
Island) that have instituted falconry programs for the benefit of 
citizens interested in the sport of falconry and have constructed 
regulations that meet or exceed Federal requirements protecting 
migratory birds. Missouri has determined that its needs are best met by 
no longer participating in a cooperative Federal-State permit 
application program. However, Missouri remains a State in which 
falconry is practiced. The changes to 50 CFR 21.29 regulations are 
necessary to accommodate the needs of the States affected and those who 
wish to practice falconry in these States.

Required Determinations

    This rule was not subject to the Office of Management and Budget 
review under Executive Order 12866. The Department of Interior has 
determined that this final rule will not have a significant effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et. seq.). It has no potential takings implications 
for private property as defined in Executive Order 12630. The only 
effect of this rule will be to allow falconers in the States of Kansas, 
New Hampshire, and Rhode Island to apply for falconry permits. It is 
estimated that approximately 25 people or less would apply for falconry 
permits in each of these States. The removal of Missouri from the 
cooperative Federal-State permit application program does not affect 
the ability of individuals to either apply for or receive falconry 
permits in Missouri. Missouri Falconry regulations meet or exceed 
Federal falconry standards. Permits for falconry in Missouri will be 
issued separately by Federal and State authorities. This rule does not 
contain any information collection requirements that require approval 
by the Office of Management and Budget under the Paperwork Reduction 
Act, 44 U.S.C. 3501 et. seq. These final changes in the regulations in 
50 CFR part 21 are regulatory and enforcement actions that are covered 
by a categorical exclusion from National Environmental Policy Act 
procedures under 516 of the Department Manual.

Author

    The primary author of this final rule is Marcia Cronan, Senior 
Special Agent, Division of Law Enforcement, U.S. Fish and Wildlife, 
Service, Washington, DC 20240.

List of Subjects in 50 CFR Part 21

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

Regulation Promulgation

    For the reasons set out in the preamble, part 21, subchapter B, 
chapter I of title 50, Code of Federal Regulations, is amended as 
follows:

PART 21--MIGRATORY BIRD PERMITS

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

    Authority: Pub. L. 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)).


Sec. 21.29  [Amended]

    2. Amend Sec. 21.29(k) by adding to the list of States in 
alphabetical order the names ``Kansas'' preceded by an asterisk, ``New 
Hampshire'' preceded by an asterisk, ``Rhode Island'' preceded by an 
asterisk and removing the asterisk preceding ``Missouri.''

    Dated: February 28, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-5579 Filed 3-9-94; 8:45 am]
BILLING CODE 4310-55-M