[Federal Register Volume 65, Number 157 (Monday, August 14, 2000)]
[Rules and Regulations]
[Pages 49508-49509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20510]
[[Page 49508]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
RIN 1018-AF93
Migratory Bird Permits; Determination That the State of Delaware
Meets Federal Falconry Standards and Amended List of States Meeting
Federal Falconry Standards
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule adds the State of Delaware to the list of States
whose falconry laws meet or exceed Federal falconry standards. This
action enables residents of the State of Delaware to apply for a
Federal/State falconry permit and to practice falconry in that State.
This rule also amends the list of States that participate in the
cooperative Federal/State permit system by adding Delaware and Vermont.
The State of Vermont has recently begun to participate in the
cooperative program.
DATES: This rule is effective August 14, 2000.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the Office
of Migratory Bird Management, U.S. Fish and Wildlife Service, 4401
North Fairfax Drive, Room 634, Arlington, Virginia 22203.
FOR FURTHER INFORMATION CONTACT: Jon Andrew, Chief, Office of Migratory
Bird Management, U.S. Fish and Wildlife Service, telephone 703/358-
1714.
SUPPLEMENTARY INFORMATION: On April 14, 2000, we published a proposed
rule in the Federal Register (65 FR 20125) proposing to add the State
of Delaware to the list of States whose falconry laws meet or exceed
Federal falconry standards. We also proposed to amend the list of
States that participate in the cooperative Federal/State permit system
by adding Delaware and Vermont.
Regulations in 50 CFR part 21 provide for review and approval of
State falconry laws by the Fish and Wildlife Service. A list of States
that allow the practice of falconry and whose falconry laws are
approved by the Service is found in 50 CFR 21.29(k). As provided in 50
CFR 21.29 (a) and (c), the Director has reviewed certified copies of
the falconry regulations adopted by the State of Delaware 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. Delaware regulations also meet or exceed all restrictions
or conditions found in 50 CFR 21.29(j), which includes requirements on
the number, species, acquisition, and marking of raptors. Therefore,
this rule adds the State of Delaware under Sec. 21.29(k) as a State
that meets Federal falconry standards. Inclusion of Delaware in this
list eliminates the previous restriction that prohibited falconry
within that State. The practice of falconry is now authorized in those
States.
We are publishing the entire list of States that have met the
Federal falconry standards, including the State of Delaware. We believe
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 cooperative Federal/State permit system
program. We are adding asterisks to both Delaware and Vermont to
identify them as participants in the cooperative permit program as
explained below.
We are making this rule effective immediately. The Administrative
Procedure Act (5 U.S.C. 553(d)(1)) allows us to do so because this
final rule relieves a restriction that prohibited the State of Delaware
from allowing the practice of falconry.
Why Is This Rulemaking Needed?
The need for these changes to 50 CFR 21.29(k) arose from the
expressed desire of the State of Delaware to institute a falconry
program for the benefit of citizens interested in the sport of falconry
and to participate in a cooperative Federal/State permit system.
Accordingly, the State has promulgated regulations that meet or exceed
Federal requirements protecting migratory birds. These changes to 50
CFR 21.29(k) were necessary to allow, by inclusion of Delaware within
the listing of authorized falconry States, persons in the State of
Delaware to practice falconry. This rule also identifies the State of
Vermont as a participant in a cooperative Federal/State permit system
following that State's addition to the list of approved falconry States
on September 7, 1999 (64 FR 48565).
Did Anyone Comment on the Proposed Rule?
We received two comments on the proposed rule. One comment was from
a private individual and the other was from the Director, Division of
Fish and Wildlife, Department of Natural Resources and Environmental
Control, State of Delaware. Both supported the proposed action.
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(2)(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 Delaware to the list
of States whose falconry laws meet or exceed Federal falconry
standards, and Delaware and Vermont as participants in the cooperative
application program, we have determined that the issuance of this final
rule 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 [of the
Interior] 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 * * *'' Our review pursuant to
section 7 concluded that this action is not likely to adversely affect
listed species. A copy of this determination is available by contacting
us at the address indicated under the ADDRESSES caption.
Other Required Determinations
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 would not have a significant
effect on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). This is not a major rule under
5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness
Act; it will not have an annual effect on the economy of $100 million
or more, will
[[Page 49509]]
not cause a major increase in costs or prices, and will not adversely
affect competition, employment, investment, productivity, or
innovation.
We estimate that 20 individuals would obtain falconry permits as a
result of this rule, and many of the expenditures of those permittees
would accrue to small businesses. The maximum number of birds allowed
by a falconer is 3, so the maximum number of birds likely to be
possessed is 60. Some birds would be taken from the wild, but captive-
bred raptors could be purchased. Using one of the more expensive birds,
the northern goshawk, as an estimate, the cost to procure a single bird
is less than $5,000, which, with an upper limit of 60 birds, translates
into $300,000. Expenditures for building facilities would be less than
$32,000 for 60 birds, and for care and feeding less than $60,000. These
expenditures, totaling less than $400,000, represent an upper limit of
potential economic impact from the addition of Delaware to the list of
approved States.
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 is to allow falconers in the State of
Delaware to apply for falconry permits. We estimate that no more than
20 people would apply for falconry permits in Delaware. This rule
contains information collection requirements that are approved by OMB
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
information collection is covered by an existing OMB approval for
licenses/permit applications, number 1018-0022. For further details
concerning the information collection approval, see 50 CFR 21.4.
We have determined, and certify pursuant to the Unfunded Mandates
Reform 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. The rule does not have significant
Federalism effects pursuant to Executive Order 13132. We also have
determined that these regulations meet the applicable standards
provided in sections 3(a) and 3(b)(2) of Executive Order 12988 for
civil justice reform, and that the rule does not unduly burden the
judicial system.
Regarding Government-to-Government relationships with Tribes, this
rulemaking will have no effect on federally recognized Tribes. There
are no federally recognized Tribes in the State of Delaware.
Furthermore, the revisions to the regulations are of a purely
administrative nature affecting no Tribal trust resources.
List of Subjects in 50 CFR Part 21
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Regulation Promulgation
For the reasons described in the preamble, part 21, subchapter B,
chapter 29 of title 50 of the Code of Federal Regulations, is amended
as set forth below:
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 paragraph (k) as follows:
Sec. 21.29 Federal falconry standards.
* * * * *
(k) States meeting Federal falconry standards. We have determined
that the following States meet or exceed the minimum Federal falconry
standards established in this section for regulating the taking,
possession, and transportation of raptors for the purpose of falconry.
The States that are participants in a cooperative Federal/State permit
system are designated by an asterisk (*).
*Alabama, *Alaska, Arizona, *Arkansas, *California, *Colorado,
*Delaware, *Florida, *Georgia, *Idaho, *Illinois, *Indiana, *Iowa,
*Kansas, *Kentucky, *Louisiana, Maine, Maryland, Massachusetts,
*Michigan, *Minnesota, *Mississippi, Missouri, *Montana, *Nebraska,
*Nevada, *New Hampshire, *New Jersey, New Mexico, New York, *North
Carolina, *North Dakota, *Ohio, Oklahoma, *Oregon, Pennsylvania, Rhode
Island, *South Carolina, *South Dakota, *Tennessee, Texas, Utah,
*Vermont, *Virginia, *Washington, West Virginia, *Wisconsin, *Wyoming.
Dated: July 14, 2000.
Stephen C. Saunders,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-20510 Filed 8-11-00; 8:45 am]
BILLING CODE 4310-55-P