[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Rules and Regulations]
[Pages 15689-15691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06639]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

[Docket No. FWS-R9-MB-2011-0100; FF09M29000-145-FXMB12320900000]
RIN 1018-AX92


Migratory Bird Permits; Removal of Regulations Concerning Certain 
Depredation Orders

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We are removing two regulations that set forth certain 
depredation orders for migratory birds. There have been no requests for 
authorization of a depredation order under one regulation we are 
removing, and no reports of activities undertaken under the other in 
the last 10 years. Control of depredating birds may be undertaken under 
depredation permits in accordance with the regulations already set 
forth.

DATES: This rule is effective April 24, 2015.

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

SUPPLEMENTARY INFORMATION: 

Background

    On November 4, 2013, we published a proposed rule (78 FR 65953) to 
remove 50 CFR 21.42, 21.45, and 21.46. These regulations concern 
depredating migratory birds.
    Specifically, 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 those 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.

This Rule

    In response to our November 4, 2013, proposed rule (78 FR 65953), 
we received no comments on our proposal to remove 50 CFR 21.42 or 
21.45, but we did receive comments about our proposal to remove 50 CFR 
21.46. In this final rule, we are removing only 50

[[Page 15690]]

CFR 21.42 and 21.45, as well as references to those two sections that 
appear in 50 CFR 21.41 and 21.53. Removal of these depredation orders 
does not affect any other depredation order in 50 CFR part 21. We will 
address our proposal to remove 50 CFR 21.46 in a separate rule, in 
which we will respond to the comments we received concerning the 
proposal to remove that section of our regulations.
    The regulations at 50 CFR 21.42 and 21.45 were put in place in 
1974, to help commercial agricultural interests (39 FR 1157, January 4, 
1974). 50 CFR 21.45 requires 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 in at least 10 years.
    Upon the effective date of this rule (see DATES, above), control of 
depredating birds may still be undertaken under depredation permits, in 
accordance with 50 CFR 21.41.

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 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 businesses, 
small organizations, and small government jurisdictions. However, no 
regulatory flexibility analysis is required if the head of an agency 
certifies the rule will 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 will not have a significant economic impact on a 
substantial number of small entities. There are no costs associated 
with this regulations change. The Federal Government will see a small 
benefit because it will no longer incur the annual cost of publishing 
the three sections of the regulations in the Code of Federal 
Regulations (CFR).
    We have examined this rule's potential effects on small entities as 
required by the Regulatory Flexibility Act. This action will not have 
not have a significant economic impact on any small entity, so a 
regulatory flexibility analysis is not required.
    This rule is not a major rule under the SBREFA (5 U.S.C. 804(2)). 
It will 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 will 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 will 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 this rule will 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 will not ``significantly or uniquely'' affect small 
governments. A small government agency plan is not required.
    b. This rule will not produce a Federal mandate of $100 million or 
greater in any year. It is not 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 summary impact statement under Executive 
Order 13132. It will not interfere with the States' abilities to manage 
themselves or their funds. We do not expect significant economic 
impacts to result from the removal of the depredation orders.

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 
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 rule in accordance with the National 
Environmental Policy Act (NEPA), 42 U.S.C. 432-437(f) and 43 CFR 
46.210. The regulations change will 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 regulations change will have no socioeconomic 
impacts.
    Migratory bird populations. The regulations change will not affect 
native migratory bird populations.
    Endangered and threatened species. The regulation change will 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 regulations change. The

[[Page 15691]]

regulations change will 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 rule will affect only two depredation orders for migratory 
birds, and will not affect energy supplies, distribution, or use. This 
is not 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 regulations change 
will not affect listed species.

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, we 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.


0
2. Amend Sec.  21.41 by revising paragraph (a) to read as follows:


Sec.  21.41  Depredation permits.

    (a) Permit requirement. Except as provided in Sec. Sec.  21.43, 
21.44, and 21.46, a depredation permit is required before any person 
may take, possess, or transport migratory birds for depredation control 
purposes. No permit is required merely to scare or herd depredating 
migratory birds other than endangered or threatened species or bald or 
golden eagles.
* * * * *


Sec.  21.42  [Removed and reserved]

0
3. Remove and reserve Sec.  21.42.


Sec.  21.45  [Removed and reserved]

0
4. Remove and reserve Sec.  21.45.


Sec.  21.53  [Amended]

0
5. Amend Sec.  21.53 by removing the fourth sentence of paragraph 
(c)(2).

    Dated: February 2, 2015.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-06639 Filed 3-24-15; 8:45 am]
 BILLING CODE 4310-55-P