In making decisions, the Service strives to use an effective and transparent decision-making process that ensures input from migratory bird and fisheries management programs and other stakeholders, fulfills requirements under NEPA, and addresses key biological uncertainties. The regulations became effective in November 2003. To apply for a new master banding permit, a completed bird banding permit application form must be submitted to the BBL Permits Office. For the reasons described in the preamble, we hereby amend part 21 of subchapter B, chapter I, title 50 of the Code of Federal Regulations, as set forth below: 1. Permittees may also consult with USDA Wildlife Services for additional assistance to determine when nonlethal methods are insufficient. Register documents. The need to ensure adequate monitoring and reporting to manage take while considering the limited State resources was cited by some State agencies as well. The 2003 FEIS considered direct, indirect, and cumulative effects of alternatives for cormorant management in the United States and discussed mitigating measures. Nothing in the permit should be construed to authorize the take of cormorants, their eggs, or nests contrary to any State or Tribal law or regulation or on any Federal land without written authorization by the appropriate management authority. The Service was not able to include data relating to any potential illegal take of cormorants in the PTL. Fish and Wildlife Service (USFWS) located within the Department of the Interior, issues permits under various wildlife laws and treaties, including the Migratory Bird Treaty Act. These can be useful As stated in the rule and NEPA analyses, States and Tribes would not be required to request a permit, and those entities within States or Tribes not seeking a new permit would continue to be able to apply for individual depredation permits (individual depredation permits would not authorize the take of cormorants to protect wild or stocked fish except when circumstances require the protection of federally listed species). Individuals conducting lethal control may not use decoys, calls, or other devices or bait to lure birds within gun range. 2006. 1531-44) 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 Act” (16 U.S.C. The Service will not identify specific training requirements necessary to become a subpermittee. Retain one copy of the completed form, mail one copy to your State permit office, and mail the original to the USFWS Migratory Bird Permit Office responsible for your State. Several State agencies and commenters voiced a need for clarity on the scope of authorized take within a new cormorant depredation permit for States and Tribes outlined in the proposed rule. Rather, it includes language asking the applicant to provide a description of long-term plans to eliminate or significantly reduce continued need to take cormorants. The median amount of allowable take resulting from the analysis was 166,800 cormorants annually. They also suggested that the Service include Federal lands in this alternative in order to allow State and Tribal wildlife managers the necessary flexibility to manage cormorants effectively and efficiently for the resources that need protection. (iv) Take using firearms (other than an air rifle or air pistol) must use nontoxic shot or nontoxic bullets (see § 20.21 of this subchapter). Crows are migratory birds and as such, are a federally-protected species. It protects over 1,000 species of migratory birds across the United States and makes it illegal to take, possess, import, export, transport, sell, purchase, barter or offer for sale, purchase or barter, any migratory bird (or part of one), or a migratory bird nest or egg, without a valid permit. Wildlife Services (WS), located within the Department of Agriculture (USDA), is a non-regulatory program with a mission to provide Federal leadership and expertise to resolve wildlife conflicts allowing people and wildlife to coexist. One stated that the Service did not address adaptive management in the information collection. (c) How does a State or Tribe apply for a permit? Use the PDF linked in the document sidebar for the official electronic format. The Service regularly uses PTL models to determine sustainable levels of take and has concluded that if this level of take were to be authorized, it would be biologically sustainable based on knowledge of cormorant population dynamics. The Endorsement is valid for 45 days. documents in the last year, 656 One State agency requested that the Service provide States seeking permits with a guide or Best Management Practices on nonlethal methods of resource protection. The protocols will detail agency-specific responsibilities and estimated annual costs associated with monitoring. documents in the last year, 41 Fish and Wildlife Service Regional Office. An Intra-Service ESA Section 7 consultation Biological Evaluation (ESA BE) was completed to assess if any proposed, threatened, or endangered species or associated critical habitat would be affected by cormorant control. Take of double-crested cormorants may occur by means of humane lethal take or active nest take. You will need to report your take and disposition of the carcass at the expiration of the permit. On the comment of taking cormorants at any location and at any time, actions under the permit may be conducted during any time of the year, unless specified otherwise in the permit's terms and conditions. The U.S. Army Corps of Engineers' Double-crested Cormorant Management Plan to Reduce Predation of Juvenile Salmonids in the Columbia River Estuary—Final Environmental Impact Statement (FEIS; United States Army Corps of Engineers (USACE) 2015) guides management activities related to the take of cormorants in the Western cormorant population. Javascript is disabled in this browser. Active nest take may occur by egg oiling or destruction of nest material and contents (including viable eggs and chicks). The season is based on criteria established by the US Fish and Wildlife Service. That rule was located at 50 CFR 21.47. The conditions that dictate this outcome are often site-specific and variable throughout any given year. Any State or Tribal agency, when exercising the privileges of this permit, must keep records of all activities, including those of subpermittees, carried out under the authority of the special permit. Commenters assert that the Service failed to demonstrate how States and Tribes would satisfy the requirement that people first use nonlethal methods to address conflicts. 2017. Depredation of wild and publicly stocked fish managed by State fish and wildlife agencies or federally recognized Tribes and accessible to the public or all Tribal members. Another stated that the concept of adaptive management only appeared once in the DEIS, in reference to the perceived benefits of Alternative A allowing flexibility in a State's or a Tribe's cormorant control strategies to achieve desired fisheries benefits. 2015. Individuals or entities apply for these permits to address site-specific conflicts, and each application is logged, evaluated, and acted upon (approved or rejected) on a case-by-case basis based on the merits of the permit application. The Service does not have empirical information to quantify the changes in costs as a result of this new permit, because we do not know how many States and Tribes would avail themselves of this permit and the extent to which conflicts would be addressed using it. If a State or Tribe must enter private property to access State and Tribal lands or waters where take is approved in their permit, the State or Tribe must obtain authorization from the private property owner, and require that the private property owner or occupant provide free and unrestricted access. 13. We received more than 1,400 comments in response to the ANPR and 1,047 in response to the proposed rule and DEIS. Runge, and K.D. The Service retains ultimate authority for regulating the take of cormorants. This take can include any migratory birds -- except for eagles and threatened and endangered species. Endangered Species Act Section 7(a)(2) Supplemental Biological Opinion: Consultation on remand for operation of the Federal Columbia River Power System. Based on the average past take of cormorants, expected take is unlikely to exceed 2,000 annually. Wade, P. 1998. The Pacific Flyway Council also noted a concern that the costs of permit management, reporting, and monitoring will detract from other species conservation work, which is already difficult due to limited funding. Commenters provided many specific empirical details for the Service to consider, but, in general, considerations included the following issues: (1) The confidence interval for this western subpopulation is too large; (2) the take limit for the western subpopulation is much larger than historical take in the West; and (3) there was an error in the equation used to estimate a pre-breeding multiplier. 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. Under the no action alternative, the Service expects continued or enhanced conflict between cormorants and some economically important fisheries across the nation, as well as at some hatchery release sites. Such a tool would reduce the likelihood of exceeding the annual take threshold or reaching the annual take threshold prior to the end of the year. Step 3. Take activities to prevent depredation on aquatic Species of Greatest Conservation Need may occur only in natural or public waters. Separately, one State agency requested that the Service provide standardized population monitoring and reporting protocols needed to evaluate impacts of authorized take on cormorant populations, as well as criteria to be used to assess the cost and benefit of take on wild fish stocks, aquaculture facilities, human health and safety, property, and species of conservation concern. Double-crested cormorants must be disposed of by donation to an entity authorized by permit or regulation to receive migratory birds, such as a public museum or public institution for scientific or educational purposes, or be destroyed completely by burial or incineration in accordance with Federal, State, and/or local laws and ordinances. , S. Melvin, and Russia take level, not a “ Web 2.0 ” version the. 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