[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Proposed Rules]
[Pages 67650-67651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28376]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

[Docket Number FWS-R9-MB-2009-0045; 91200-1231-9BPP]
RIN 1018-AW75


Migratory Bird Permits; Abatement Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Advance notice of proposed rulemaking; reopening of comment 
period.

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[[Page 67651]]

SUMMARY: We, the U.S. Fish and Wildlife Service, announce the reopening 
of the public comment period on our July 6, 2011, advance notice of 
proposed rulemaking in which we solicited comments and suggestions on 
migratory bird permit regulations for a permit to use raptors (birds of 
prey) in abatement activities. Abatement means the use of trained 
raptors to flush, scare (haze), or take birds or other wildlife to 
mitigate damage or other problems, including risks to human health and 
safety. We have permitted this activity under special purpose permits 
since 2007 pursuant to a migratory bird permit policy memorandum. We 
now intend to prepare a specific permit regulation to authorize this 
activity. We seek information and suggestions from the public to help 
us formulate any proposed regulation.
    We are reopening the comment period to allow all interested parties 
another opportunity to comment on the proposed rule. Comments 
previously submitted need not be resubmitted and will be fully 
considered in preparation of a proposed rule.

DATES: Electronic comments on this proposal via regulations.gov must be 
submitted by midnight Eastern time on December 2, 2011. Comments 
submitted by mail must be postmarked no later than December 2, 2011.

ADDRESSES: You may only submit comments or suggestions by the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. We will not post 
duplicate comments from any entity, nor will the duplicates be put into 
our administrative record for this issue.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attention FWS-R9-MB-2009-0045; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 
2042-PDM; Arlington, VA 22203-1610.
    We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: George Allen at (703) 358-1825.

SUPPLEMENTARY INFORMATION:

Public Comments

    We request comments and suggestions on this topic from other 
concerned governmental agencies, the scientific community, industry, or 
any other interested parties. You may submit your comments and 
materials concerning this issue by one of the methods listed in the 
ADDRESSES section. We will not consider comments sent by email or fax 
or to an address not 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 at the top of your 
document that we withhold this information from public review. However, 
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 use in preparing a 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 
(contact the person listed under FOR FURTHER INFORMATION CONTACT).

Background

    On July 6, 2011, we published in the Federal Register an advance 
notice of proposed rulemaking to gather information and suggestions 
from the public to help us formulate a proposed regulation for a 
specific permit authorizing the use of raptors in abatement activities 
(76 FR 39368). The comment period for the advance notice of proposed 
rulemaking was open for 90 days, ending on October 4, 2011. At a 
commenter's request, we are reopening the comment period on the advance 
notice of proposed rulemaking for an additional 60 days (see DATES 
section). We specifically seek comments concerning any aspect of the 
use of trained MBTA-protected raptors for abatement activities and 
potential regulations to govern Federal permitting. We particularly 
solicit comments on the topics listed below. Explaining the reasons and 
rationale for your comments where appropriate will help as we consider 
them in the preparation of a proposed rule.
    (1) Qualifications and experience necessary to qualify for a 
Federal abatement permit.
    (2) Limits on the species that should be authorized for use in 
abatement activities.
    (3) Limits on the numbers of raptors that should be authorized for 
use in abatement activities.
    (4) Qualifications and experience of subpermittees (both those 
authorized to fly the permit holder's raptors and those allowed to care 
for birds).
    (5) Caging requirements for birds, while traveling, being 
transported and held in ``temporary'' caging for extended periods of 
time, i.e., multiple birds held in a trailer while conducting seasonal 
abatement activities at multiple locations.
    (6) The use of falconry birds held by subpermittees for abatement.
    (7) Any other considerations relating to subpermittees conducting 
abatement activities under a permit holder's permit, including their 
business relationship to the permit holder. For example, should 
falconers located elsewhere in the United States be allowed to conduct 
abatement activities in their own locale as subpermittees under a 
permit holder's abatement permit? Why or why not?
    (8) Comments on what has worked well under existing permits and 
what has not worked well.
    (9) Report information that should be required from a permit 
holder, if any.
    (10) Other conditions that should apply to these permits.
    (11) Examples of situations where raptors are used for abatement 
and information or documentation of success or lack of success in 
accomplishing abatement objectives.
    If you previously submitted comments in response to the July 6, 
2011, advance notice of proposed rulemaking, do not resubmit them. They 
will be fully considered as we prepare a proposed rule. For more 
information concerning the advance notice of proposed rulemaking, 
please refer to that document at 76 FR 39368 (July 6, 2011).

    Authority: The authorities for this notice are the Migratory 
Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703-712); Public Law 95-
616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public Law 106-108, 113 Stat. 
1491, and Note Following 16 U.S.C. 703.

    Dated: October 21, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-28376 Filed 11-1-11; 8:45 a.m.]
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