[Federal Register Volume 78, Number 213 (Monday, November 4, 2013)]
[Proposed Rules]
[Pages 65953-65955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26070]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

[Docket No. FWS-R9-MB-2011-0100; FF09M21200-134-FXMB1232099BPP0]
RIN 1018-AX92


Migratory Bird Permits; Removal of Regulations Concerning Certain 
Depredation Orders

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We propose to remove regulations that set forth certain 
depredation orders for migratory birds. There have been no requests for 
authorization of a depredation order under these regulations for many 
years, and no reports of activities undertaken under these regulations 
in the last 15 years. Because these regulations apparently are unused, 
we propose to remove them. Control of depredating birds could still be 
undertaken under depredation permits in accordance with the regulations 
at 50 CFR 21.41.

DATES: Electronic comments on this proposal via http://www.regulations.gov must be submitted by 11:59 p.m. Eastern time on 
February 3, 2014. Comments submitted by mail must be postmarked no 
later than February 3, 2014.

ADDRESSES: You may submit comments by either one of the following two 
methods:
     Federal eRulemaking portal: http://www.regulations.gov. 
Follow the instructions for submitting comments on Docket FWS-R9-MB-
2011-0100.
     U.S. mail or hand delivery: Public Comments Processing, 
Attention: FWS-R9-MB-2011-0100; 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 email 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: George T. Allen, at 703-358-1825.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations we propose to remove all deal with depredating 
migratory birds. 50 CFR 21.42 governs control of depredating migratory 
game birds in the United States; under this section of the regulations, 
the Director of the U.S. Fish and Wildlife Service is authorized to 
issue, by publication in the Federal Register, a depredation order to 
permit the taking of migratory game birds under certain conditions if 
the Director receives evidence clearly showing that the migratory game 
birds have accumulated in such numbers in a particular area as to cause 
or about to cause serious damage to agricultural, horticultural, and 
fish cultural interests.
    Under 50 CFR 21.45, landowners, sharecroppers, tenants, or their 
employees or agents, actually engaged in the production of rice in 
Louisiana, may, without a permit and in accordance with certain 
conditions, take purple gallinules (Ionornis martinica) when found 
committing or about to commit serious depredations to growing rice 
crops on the premises owned or occupied by such persons.
    Under 50 CFR 21.46, landowners, sharecroppers, tenants, or their 
employees or agents actually engaged in the production of nut crops in 
Washington and Oregon may, without a permit and in accordance with 
certain conditions, take scrub jays (Aphelocoma coerulescens) and 
Steller's jays (Cyanocitta stelleri) when found committing or about to 
commit serious depredations to nut crops on the premises owned or 
occupied by such persons.
    All of these regulations were put in place in 1974, to help 
commercial agricultural interests (for 50 CFR 21.42 and 21.45, see 39 
FR 1157, January 4, 1974; for 50 CFR 21.46, see 39 FR 31325, August 28, 
1974). 50 CFR 21.45 and 21.46 require reporting and recordkeeping on 
activities taken in accordance with the regulations. We have received 
no applications for declaration of a depredation order under Sec.  
21.42 in the last 15 years, and there have been no reports of 
activities conducted under Sec.  21.45 or Sec.  21.46 in at least 10 
years. We therefore propose to remove these regulations. This action 
would remove outdated, unused regulations from the Code of Federal 
Regulations (CFR), thereby saving the Federal Government the annual 
cost of republishing them in the CFR.
    If this proposal is adopted, control of depredating birds could 
still be undertaken under depredation permits, in accordance with 50 
CFR 21.41. Further, issuing a depredation permit would be more likely 
to promptly help resolve depredation problems than would a depredation 
order to be published in the Federal Register, as the regulation at 50 
CFR 21.42 currently requires.

[[Page 65954]]

Public Comments

    We request comments on this proposed rule. You may submit your 
comments and supporting materials by one of the methods listed in the 
ADDRESSES section. We will not consider comments sent by email 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).

Required Determinations

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. OIRA has 
determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996 (Pub. L. 104-121)), whenever an agency is required to 
publish a notice of rulemaking for any proposed or final rule, it must 
prepare and make available for public comment a regulatory flexibility 
analysis that describes the effect of the rule on small entities (i.e., 
small businesses, small organizations, and small government 
jurisdictions). However, no regulatory flexibility analysis is required 
if the head of an agency certifies the rule would not have a 
significant economic impact on a substantial number of small entities.
    SBREFA amended the Regulatory Flexibility Act to require Federal 
agencies to provide the statement of the factual basis for certifying 
that a rule would not have a significant economic impact on a 
substantial number of small entities. There are no costs associated 
with this change to our regulations. The Federal Government would see a 
very slight benefit, as the U.S. Fish and Wildlife Service would no 
longer incur the very small annual cost of republishing these three 
sections of the regulations in the Code of Federal Regulations (CFR), 
but even over many years, this monetary benefit will be so small as to 
be negligible.
    We have examined this rule's potential effects on small entities as 
required by the Regulatory Flexibility Act, and have determined that 
because this action would not have a significant economic impact on a 
substantial number of small entities, a regulatory flexibility analysis 
is not required.
    This rule is not a major rule under the SBREFA (5 U.S.C. 804 (2)). 
It would not have a significant impact on a substantial number of small 
entities.
    a. This rule does not have an annual effect on the economy of $100 
million or more.
    b. This rule would not cause a major increase in costs or prices 
for consumers, individual industries, Federal, State, Tribal, or local 
government agencies, or geographic regions.
    c. This rule would not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises.
    Therefore, we certify that, if adopted, this rule would not have a 
significant economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we have determined the following:
    a. This rule would not ``significantly or uniquely'' affect small 
governments. A small government agency plan is not required. Actions 
under the proposed regulation would not affect small government 
activities.
    b. This rule would not produce a Federal mandate of $100 million or 
greater in any year. It would not be a ``significant regulatory 
action.''

Takings

    This rule does not contain a provision for taking of private 
property. In accordance with Executive Order 12630, a takings 
implication assessment is not required.

Federalism

    This rule does not have sufficient Federalism effects to warrant 
preparation of a federalism impact summary statement under Executive 
Order 13132. It would not interfere with the States' abilities to 
manage themselves or their funds. No significant economic impacts are 
expected to result from the proposed change in the depredation orders 
that are the subject of this proposed rule.

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined 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.

Paperwork Reduction Act of 1995

    There is no information collection requirement associated with this 
proposed regulations change. An agency may not conduct or sponsor, and 
a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.

National Environmental Policy Act

    We have analyzed this proposed rule in accordance with the National 
Environmental Policy Act (NEPA), 42 U.S.C. 432-437(f) and Part 516 of 
the U.S. Department of the Interior Manual (516 DM). The proposed 
regulations change would simply remove unused regulations, and is 
administrative in nature. The action is categorically excluded from 
further NEPA consideration by 43 CFR 46.210(i).
    Socioeconomic. The proposed regulations change would have no 
discernible socioeconomic impacts.
    Migratory bird populations. The proposed regulations change would 
not affect native migratory bird populations.
    Endangered and Threatened Species. The proposed regulation change 
would

[[Page 65955]]

not affect endangered or threatened species or habitats important to 
them.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have determined that there are no potential effects on Federally 
recognized Indian Tribes from the proposed regulations change. The 
proposed regulations change would not interfere with Tribes' abilities 
to manage themselves or their funds or to regulate migratory bird 
activities on Tribal lands.

Energy Supply, Distribution, or Use (Executive Order 13211)

    This proposed rule would affect only certain depredation orders for 
migratory birds, and would not affect energy supplies, distribution, or 
use. This action would not be a significant energy action, and no 
Statement of Energy Effects is required.

Compliance With Endangered Species Act Requirements

    Section 7 of the Endangered Species Act (ESA) of 1973, as amended 
(16 U.S.C. 1531 et seq.), requires that ``The Secretary [of the 
Interior] shall review other programs administered by him and utilize 
such programs in furtherance of the purposes of this chapter'' (16 
U.S.C. 1536(a)(1)). It further states that the Secretary must ``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'' (16 U.S.C. 1536(a)(2)). The proposed 
regulations change would not affect listed species.

List of Subjects in 50 CFR Part 21

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

Proposed Regulation Promulgation

    For the reasons described in the preamble, we propose to amend 
subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
as set forth below:

PART 21--MIGRATORY BIRD PERMITS

0
1. The authority for part 21 continues to read as follows:

    Authority:  16 U.S.C. 703-712.


Sec.  21.42  [Removed and reserved]

0
2. Remove and reserve Sec.  21.42.


Sec.  21.45  [Removed and reserved]

0
3. Remove and reserve Sec.  21.45.


Sec.  21.46  [Removed and reserved]

0
4. Remove and reserve Sec.  21.46.

    Dated: September 26, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-26070 Filed 11-1-13; 8:45 am]
BILLING CODE 4310-55-P