[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Notices]
[Pages 32224-32225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13807]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Migratory Birds; Take of Migratory Birds by the Armed Forces

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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

SUMMARY: The 2003 National Defense Authorization Act (Authorization 
Act) provided interim authority to members of the Armed Forces to 
incidentally take migratory birds during approved military readiness 
activities without violating the Migratory Bird Treaty Act (MBTA). The 
Authorization Act provided this interim authority to give the Secretary 
of the Interior (Secretary) time to exercise his/her authority under 
Section 704(a) of the MBTA to prescribe regulations authorizing such 
incidental take. The Secretary delegated this task to the U.S. Fish and 
Wildlife Service (Service). On February 28, 2007, the Service issued a 
final military readiness rule authorizing members of the Armed Forces 
to incidentally take migratory birds.
    The Authorization Act also stated that the period of application of 
interim incidental take authority would expire when the Service 
publishes a notice in the Federal Register that: (1) Prescribes 
regulations authorizing incidental take of migratory birds by the Armed 
Forces; (2) all legal challenges to the regulations have been 
exhausted; and (3) the regulations have taken effect. The Service 
hereby provides the notice required by the Authorization Act that the 
period of application for interim incidental take authority has 
expired. The Service prescribed the necessary regulations on February 
28, 2007, the regulations took effect on March 30, 2007, and there were 
no challenges to those regulations filed during the allotted time 
period.

FOR FURTHER INFORMATION CONTACT: Dr. George Allen, Division of 
Migratory Bird Management, U.S. Fish and Wildlife Service, at 703-358-
1825.

SUPPLEMENTARY INFORMATION: On December 2, 2002, the President signed 
the 2003 National Defense Authorization Act (Authorization Act). 
Section 315 of the Authorization Act provided that, not later than one 
year after its enactment, the Secretary of the Interior (Secretary) 
should exercise his/her authority under Section 704(a) of the MBTA to 
prescribe regulations authorizing the Armed Forces to incidentally take 
migratory birds during those military readiness activities authorized 
by the Secretary of Defense or the Secretary of the military department 
concerned. The Authorization Act further required the Secretary to 
promulgate such regulations with the concurrence of the Secretary of 
Defense. The Secretary delegated this task to the Service.
    The Authorization Act also provided interim authority allowing 
members of the Armed Forces to incidentally take migratory birds during 
military readiness activities for a period beginning on the date of 
enactment of the Act (December 2, 2002) and ending on the date on which 
the Secretary publishes in the Federal Register a notice that--
    (1) Regulations authorizing the incidental taking of migratory 
birds by members of the Armed Forces have been prescribed in accordance 
with the requirements of the Act;
    (2) All legal challenges to the regulations and to the manner of 
their promulgation (if any) have been exhausted as provided in 
subsection (e) [which states that all challenges must be filed in 
Federal court within 120 days

[[Page 32225]]

of publication of regulations in the Federal Register]; and
    (3) The regulations have taken effect.
    The Service published the military readiness final rule authorizing 
the referenced incidental take in the Federal Register on February 28, 
2007 (72 FR 8931). The Service published the rule in coordination and 
cooperation with the Department of Defense and the Secretary of Defense 
concurred with the rule's requirements. Requirement 1 has, therefore, 
been satisfied. The rule became effective March 30, 2007, satisfying 
requirement 3. Regarding requirement 2, the statute of limitations for 
challenging the military readiness rule elapsed on June 28, 2007, and 
there were no challenges filed during the allotted 120-day time period. 
Therefore, the Service provides formal notice that the period of 
application for interim authority has expired.

    Dated: May 17, 2011.
Eileen Sobeck,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-13807 Filed 6-2-11; 8:45 am]
BILLING CODE 4310-55-P