[Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)]
[Proposed Rules]
[Pages 44229-44231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22159]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
RIN 1018-AE65
Migratory Bird Permits; Amended Certification of Compliance and
Determination That the States of Vermont and West Virginia Meet Federal
Falconry Standards
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Service proposes to add the States of Vermont and West
Virginia to the list of States whose falconry laws have been determined
by the Director to meet or exceed Federal falconry standards. As a
result, we propose the States of Vermont and West Virginia be
participants in the cooperative Federal/State permit application
program and falconry allowed to be practiced in those States. The list
of States that meet Federal falconry standards, including Vermont and
West Virginia, is being published in this proposed rule for public
review as well. The Service wishes to amend the regulations on the
States' compliance in order to clarify the administrative procedure
that States follow in order to be in compliance with Federal falconry
standards.
DATES: Comments may be submitted on or before September 17, 1998 at the
location noted below under the heading ADDRESSES.
ADDRESSES: Copies of the environmental assessment (EA), and the State
falconry rules for Vermont and West Virginia are available by writing
to the Chief, Office of Migratory Bird Management, U.S. Fish and
Wildlife Service, 1849 C Street, NW, MS 634 ARLSQ, Washington, DC
20240. Comments may also be forwarded to this same address. The public
may inspect comments during normal business hours in room 634,
Arlington Square Building, 4401 N. Fairfax Drive, Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, Office of
Migratory Bird Management, U.S. Fish and Wildlife Service, telephone
703/358-1714.
SUPPLEMENTARY INFORMATION: 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 are approved by the Service is found in 50
CFR 21.29(k). Falconry legally occurs in those States. As provided in
50 CFR 21.29 (a) and (c), the Director has reviewed certified copies of
the falconry regulations adopted by the States of Vermont and West
Virginia and has determined that they meet or exceed Federal falconry
standards. Federal falconry standards contained in 50 CFR 21.29 (d)
through (i) include permit requirements, classes of permits,
examination procedures, facilities and equipment standards, raptor
marking, and raptor taking restrictions. Both Vermont and West Virginia
regulations also meet or exceed all restrictions or conditions found in
50 CFR 21.29(j), which include requirements on the number, species,
acquisition, possession of feathers, and marking of raptors. Therefore,
the Service is proposing that the States of Vermont and West Virginia
be listed under part 21.20(k) as States which meet Federal falconry
standards. The proposed listing would eliminate the current restriction
that prohibits falconry within the States of Vermont and West Virginia.
The Service proposes to amend the regulatory language in 50 CFR
21.29 (a) and (c) to clarify the Service's procedures in approving
State regulations for compliance with Federal falconry standards. This
approval is contingent upon the respective State's submission of its
laws and regulations to the Director for review and a further finding
that such laws and regulations meet or exceed Federal falconry
standards.
The Service is publishing for public review the list of States that
have met the Federal falconry standards, including the States of
Vermont and West Virginia. The Service believes that publishing this
list in its entirety will eliminate any confusion concerning which
States have approval for falconry and further indicate which States
participate in a joint Federal/State permit system.
The Service also is revising the text in 50 CFR 21.29 (j)(2) to be
gender neutral.
[[Page 44230]]
Need for Rulemaking
The need for changes to 50 CFR part 21 arose from the expressed
desire of Vermont and West Virginia to institute a falconry program for
the benefit of citizens interested in the sport of falconry.
Accordingly, the States have promulgated regulations that meet or
exceed Federal requirements protecting migratory birds. The changes to
50 CFR 21.29 are necessary to further the national interest for a
Federal falconry standard and to allow, by inclusion within the listing
of authorized falconry States, the States of Vermont and West Virginia
to practice falconry.
NEPA Consideration
In compliance with the requirements of section 102(2)(C) of the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C)),
and the Council on Environmental Quality's regulations for implementing
NEPA (40 CFR parts 1500-1508), the Service prepared an Environmental
Assessment (EA) in July 1988 to support establishment of simpler, less
restrictive regulations governing the use of most raptors. This EA is
available to the public at the location indicated under the ADDRESSES
caption. Based on review and evaluation of the proposed rule to amend
50 CFR 21.29(k) by adding Vermont and West Virginia to the list of
States whose falconry laws meet or exceed Federal falconry standards,
the Service has determined that the issuance of the proposed rule would
not be a major Federal action that would significantly affect the
quality of the human environment and thereby is categorically excluded
from NEPA documentation under the Department of the Interior's NEPA
procedures in 516 DM 2, Appendix 1.10.
Endangered Species Act Considerations
Section 7 of the Endangered Species Act (ESA) of 1972, as amended
(16 U.S.C. 1531, et seq.), provides that, ``The Secretary shall review
other programs administered by him and utilize such programs in
furtherance of the purposes of this Act'' [and] shall ``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 * * *'' The Service's Section 7 review has
determined that this action is not likely to adversely affect listed
raptors. A copy of this determination is available to the public at the
location indicated under the ADDRESSES caption.
Regulatory Flexibility Act, Executive Order 12866, and the
Paperwork Reduction Act
This rule was not subject to the Office of Management and Budget
(OMB) review under Executive Order 12866. The Department of the
Interior has determined that this 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.). The economic impacts of
falconry on small business entities were analyzed in detail and a Small
Entity Flexibility Analysis (Analysis), under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), was issued by the Service in
1996 (copies available upon request from the Office of Migratory Bird
Management). The Analysis documented that there is not a significant
economic impact on a substantial number of small entities. This rule
has no potential takings implications for private property as defined
in Executive Order 12630. The only effect of this rule on the
constituent community will be to allow falconers in the States of
Vermont and West Virginia to apply for falconry permits. It is
estimated that no more than 25 people would apply for falconry permits
in both Vermont and West Virginia combined. This rule does contain
information collection requirements that require approval by OMB under
the Paperwork Reduction Act, 44 U.S. 3501 et seq. The information
collection is covered by an existing OMB approval for licenses/permit
applications, number 1018-0022. For further permitting approval see 50
CFR part 21.4.
Unfunded Mandates Act Implications
The Service has determined and certifies pursuant to the Unfunded
Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not
impose a cost of $100 million or more in any given year on local or
State governments or private entities.
Civil Justice Reform--Executive Order 12988
The Service, in promulgating this rule, determines that these
regulations meet the applicable standards provided in sections 3(a) and
3(b)(2) of Executive Order 12988 and 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.
Government-to-Government Relationship With Tribes
There are no Federally-recognized Indian tribes in the States of
Vermont or West Virginia and the proposed revisions to the existing
regulations are of a purely administrative nature affecting no tribal
trust resources. The Service, therefore, has determined that there are
no effects on Federally-recognized Indian tribes in this proposed
rulemaking.
List of Subjects in 50 CFR Part 21
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Accordingly, the Service proposes to amend Part 21, subchapter B,
Chapter 29 of Title 50 of the Code of Federal Regulations 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)).
2. Amend Sec. 21.29 by revising paragraphs (a), (c), (j)(2) and (k)
as follows:
Sec. 21.29 Federal falconry standards.
(a) General. No person may take, possess, transport, sell,
purchase, barter, or offer to sell, purchase, or barter any raptor for
falconry purposes in any State which does not allow the practice of
Falconry or in any State which has not submitted a copy of its laws and
regulations governing the practice of falconry to the Director, who
determines that the State's laws and regulations meet or exceed Federal
standards established in this section: Except, a Federal falconry
permittee may possess and transport for falconry purposes otherwise
lawfully possessed raptors through States which do not allow the
practice of falconry or meet Federal falconry standards so long as the
raptors remain in transit in interstate commerce. The States that are
in compliance with Federal falconry standards are listed in paragraph
(k) of this section.
* * * * *
(c) Certification of compliance. Any State that wishes to allow the
practice of falconry must submit a copy of its laws and regulations
governing the practice of falconry to the Director. If the Director
determines that the State's laws and regulations meet or exceed the
Federal standards established by this section, the Service will publish
a notice in the Federal Register and the State will be listed in
paragraph (k) of this section. The Service will consider any State that
was listed in paragraph (k) of this section prior to September 14,
1989, to be in compliance with Federal standards.
* * * * *
[[Page 44231]]
(j) Other restrictions.
(2) A person who possesses raptors before the enactment of these
regulations, in excess of the number allowed under their permit, shall
be allowed to retain the extra raptors. All such birds shall be
identified with markers supplied by the Service and no replacement can
occur, nor may any additional raptor be obtained, until the number in
possession is at least one less than the total number authorized by the
class of permit held by the permittee.
* * * * *
(k) States meeting Federal falconry standards. In accordance with
this section, the Director has determined that the following States
meet or exceed the minimum Federal standards for regulating the taking,
possession, and transportation of raptors for the purpose of falconry
as set forth herein.
*Alabama
*Alaska
*Arizona
*Arkansas
*California
*Colorado
*Florida
*Georgia
*Idaho
*Illinois
*Indiana
*Iowa
*Kansas
*Kentucky
*Louisiana
*Maine
*Maryland
*Massachusetts
*Michigan
*Minnesota
*Mississippi
*Missouri
*Montana
*Nebraska
*Nevada
*New Hampshire
*New Jersey
*North Dakota
*New York
*New Mexico
*North Carolina
*Ohio
*Oklahoma
*Oregon
*Pennsylvania
*Rhode Island
*South Carolina
*South Dakota
*Tennessee
*Texas
*Utah
*Vermont
*Virginia
*Washington
*West Virginia
*Wisconsin
*Wyoming
Note: States which are participants in a joint Federal/State
permit system are designated by an asterisk.
Dated: August 7, 1998.
Stephen C. Saunders,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 98-22159 Filed 8-17-98; 8:45 am]
BILLING CODE 4310-55-P