[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Proposed Rules]
[Pages 39367-39368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16877]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
[Docket No. FWS-R9-MB-2011-0020; 91200-1231-9BPP]
RIN 1018-AX78
Migratory Bird Permits; Changes in the Regulations Governing
Raptor Propagation
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: We solicit recommendations on whether the bald eagle
(Haliaeetus leucocephalus) and the golden eagle (Aquila chrysaetos)
should be included among other raptors that may be propagated in
captivity under Federal raptor propagation permits.
DATES: We will accept comments received or postmarked by the end of the
day on October 4, 2011.
ADDRESSES: You may submit comments by either one of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments on Docket No. FWS-R9-
MB-2011-0020.
U.S. mail or hand delivery: Public Comments Processing,
Attention: FWS-R9-MB-2011-0020; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 North Fairfax Drive,
MS 2042-PDM; Arlington, VA 22203-1610.
We will not accept e-mail or faxes. We will post all comments on
http://www.regulations.gov. This generally means that we will post any
personal information that you provide. See the Public Comments section
below for more information.
FOR FURTHER INFORMATION CONTACT: Dr. George T. Allen, 703-358-1825.
SUPPLEMENTARY INFORMATION:
Public Comments
Propagation of bald eagles and golden eagles has not been allowed
under the raptor propagation permit regulations at 50 CFR 21.30. We are
now considering whether to permit this activity. We request comments
and suggestions on this topic from the public, other concerned
governmental agencies, the scientific community, industry, and other
interested parties.
You may submit your comments and supporting materials only by one
of the methods listed in the ADDRESSES section. We will not consider
comments sent by e-mail or fax, or written comments sent to an address
other than the one listed in the ADDRESSES section.
If you submit a comment via http://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the Web site. If you submit a hardcopy comment that includes
personal identifying information, you may request that we withhold this
information from public review, but we cannot guarantee that we will be
able to do so. We will post all hardcopy comments on http://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection at http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service (see FOR FURTHER INFORMATION CONTACT).
Background
The U.S. Fish and Wildlife Service is the Federal agency with the
primary responsibility for managing migratory birds. Our authority is
based on the Migratory Bird Treaty Act (MBTA, 16 U.S.C. 703 et seq.)
and the Bald and Golden Eagle Protection Act (BGEPA, 16 U.S.C. 668).
Regulations governing the issuance of permits for bald eagles and
golden eagles are in 50 CFR part 22 and certain sections of 50 CFR part
21.
The MBTA allows the Secretary of the Interior to issue permits for
take and possession of migratory birds for many purposes. The BGEPA
allows bald eagles and golden eagles to be taken and possessed under
more restricted circumstances. For example, only golden eagles that are
depredating on livestock or wildlife may be taken from the wild by
falconers, and bald eagles, no matter what their origin, cannot be held
for falconry. Eagles may not be sold, purchased, or bartered under any
circumstances, regardless of whether they are wild or captive-bred in
origin.
Bald and golden eagles are the only raptor species protected by the
MBTA that are not allowed under the current raptor propagation permit
regulations at 50 CFR 21.30 because those regulations do not apply to
these two species that are also protected under the Bald and Golden
Eagle Protection Act (see 50 CFR 21.2(b)). We are evaluating whether to
amend the regulations to allow some holders of valid raptor propagation
permits to propagate eagles as they can many other raptor species. Most
eagles in captivity are held under permits for exhibition/education,
eagle falconry, and Native American eagle aviaries. All
[[Page 39368]]
eagles held for falconry are golden eagles, and most were removed from
the wild due to livestock depredation. Most eagles held for exhibition/
education and Native American aviaries are nonreleasable bald eagles
and golden eagles obtained from permitted rehabilitators. We are
assessing whether captive-bred eagles should be available for these or
other purposes. We solicit comments and suggestions on all aspects of
bald eagle and golden eagle propagation and potential regulations to
govern Federal permitting of this activity.
We particularly solicit comments on the topics listed below.
Explaining your reasons and rationale for your comments will help as we
consider them.
(1) Whether to allow propagation of bald eagles and golden eagles
under raptor propagation permits.
(2) Qualifications and experience necessary to propagate eagles.
(3) Limits or restrictions that should apply to propagation of
eagles.
(4) Special restrictions that should apply with regard to
imprinting.
(5) Whether propagators should be allowed to hybridize bald eagles
and golden eagles with other species of eagles.
(6) Restrictions on purposes for which captive-bred eagles may be
held.
(7) Qualifications and experience necessary to possess a captive-
bred bald eagle or golden eagle.
(8) Special facilities requirements for propagation of golden
eagles and bald eagles.
(9) Report information that should be required from a permit
holder, if any.
(10) Other conditions that should apply to these permits.
Dated: June 27, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-16877 Filed 7-5-11; 8:45 am]
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