Migratory Bird Permits; Amended Certification of Compliance and Determination That the States of Vermont and West Virginia Meet Federal Falconry Standards

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

RIN 1018-AE65

Migratory Bird Permits; Amended Certification of Compliance and

Determination That the States of Vermont and West Virginia Meet Federal

Falconry Standards

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Service proposes to add the States of Vermont and West

Virginia to the list of States whose falconry laws have been determined

by the Director to meet or exceed Federal falconry standards. As a

result, we propose the States of Vermont and West Virginia be

participants in the cooperative Federal/State permit application

program and falconry allowed to be practiced in those States. The list

of States that meet Federal falconry standards, including Vermont and

West Virginia, is being published in this proposed rule for public

review as well. The Service wishes to amend the regulations on the

States' compliance in order to clarify the administrative procedure

that States follow in order to be in compliance with Federal falconry

standards.

DATES: Comments may be submitted on or before September 17, 1998 at the

location noted below under the heading ADDRESSES.

ADDRESSES: Copies of the environmental assessment (EA), and the State

falconry rules for Vermont and West Virginia are available by writing

to the Chief, Office of Migratory Bird Management, U.S. Fish and

Wildlife Service, 1849 C Street, NW, MS 634 ARLSQ, Washington, DC

20240. Comments may also be forwarded to this same address. The public

may inspect comments during normal business hours in room 634,

Arlington Square Building, 4401 N. Fairfax Drive, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, Office of

Migratory Bird Management, U.S. Fish and Wildlife Service, telephone

703/358-1714.

treet, NW, MS 634 ARLSQ, Washington, DC

20240. Comments may also be forwarded to this same address. The public

may inspect comments during normal business hours in room 634,

Arlington Square Building, 4401 N. Fairfax Drive, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, Office of

Migratory Bird Management, U.S. Fish and Wildlife Service, telephone

703/358-1714.

SUPPLEMENTARY INFORMATION: Regulations in 50 CFR part 21 provide for

review and approval of State falconry laws by the Service. A list of

States whose falconry laws are approved by the Service is found in 50

CFR 21.29(k). Falconry legally occurs in those States. As provided in

50 CFR 21.29 (a) and (c), the Director has reviewed certified copies of

the falconry regulations adopted by the States of Vermont and West

Virginia and has determined that they meet or exceed Federal falconry

standards. Federal falconry standards contained in 50 CFR 21.29 (d)

through (i) include permit requirements, classes of permits,

examination procedures, facilities and equipment standards, raptor

marking, and raptor taking restrictions. Both Vermont and West Virginia

regulations also meet or exceed all restrictions or conditions found in

50 CFR 21.29(j), which include requirements on the number, species,

acquisition, possession of feathers, and marking of raptors. Therefore,

the Service is proposing that the States of Vermont and West Virginia

be listed under part 21.20(k) as States which meet Federal falconry

standards. The proposed listing would eliminate the current restriction

that prohibits falconry within the States of Vermont and West Virginia.

The Service proposes to amend the regulatory language in 50 CFR

21.29 (a) and (c) to clarify the Service's procedures in approving

State regulations for compliance with Federal falconry standards

der part 21.20(k) as States which meet Federal falconry

standards. The proposed listing would eliminate the current restriction

that prohibits falconry within the States of Vermont and West Virginia.

The Service proposes to amend the regulatory language in 50 CFR

21.29 (a) and (c) to clarify the Service's procedures in approving

State regulations for compliance with Federal falconry standards. This

approval is contingent upon the respective State's submission of its

laws and regulations to the Director for review and a further finding

that such laws and regulations meet or exceed Federal falconry

standards.

The Service is publishing for public review the list of States that

have met the Federal falconry standards, including the States of

Vermont and West Virginia. The Service believes that publishing this

list in its entirety will eliminate any confusion concerning which

States have approval for falconry and further indicate which States

participate in a joint Federal/State permit system.

The Service also is revising the text in 50 CFR 21.29 (j)(2) to be

gender neutral.

Need for Rulemaking

The need for changes to 50 CFR part 21 arose from the expressed

desire of Vermont and West Virginia to institute a falconry program for

the benefit of citizens interested in the sport of falconry.

Accordingly, the States have promulgated regulations that meet or

exceed Federal requirements protecting migratory birds. The changes to

50 CFR 21.29 are necessary to further the national interest for a

Federal falconry standard and to allow, by inclusion within the listing

of authorized falconry States, the States of Vermont and West Virginia

to practice falconry.

NEPA Consideration

et or exceed Federal falconry standards,

the Service has determined that the issuance of the proposed rule would

not be a major Federal action that would significantly affect the

quality of the human environment and thereby is categorically excluded

from NEPA documentation under the Department of the Interior's NEPA

procedures in 516 DM 2, Appendix 1.10.

Endangered Species Act Considerations

Section 7 of the Endangered Species Act (ESA) of 1972, as amended

(16 U.S.C. 1531, et seq.), provides that, ``The Secretary shall review

other programs administered by him and utilize such programs in

furtherance of the purposes of this Act'' [and] shall ``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 * * *'' The Service's Section 7 review has

determined that this action is not likely to adversely affect listed

raptors. A copy of this determination is available to the public at the

location indicated under the ADDRESSES caption.

Regulatory Flexibility Act, Executive Order 12866, and the

Paperwork Reduction Act

This rule was not subject to the Office of Management and Budget

(OMB) review under Executive Order 12866. The Department of the

Interior has determined that this rule will not have a significant

effect on a substantial number of small entities under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.). The economic impacts of

falconry on small business entities were analyzed in detail and a Small

Entity Flexibility Analysis (Analysis), under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), was issued by the Service in

1996 (copies available upon request from the Office of Migratory Bird

Management). The Analysis documented that there is not a significant

economic impact on a substantial number of small entities

conry on small business entities were analyzed in detail and a Small

Entity Flexibility Analysis (Analysis), under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), was issued by the Service in

1996 (copies available upon request from the Office of Migratory Bird

Management). The Analysis documented that there is not a significant

economic impact on a substantial number of small entities. This rule

has no potential takings implications for private property as defined

in Executive Order 12630. The only effect of this rule on the

constituent community will be to allow falconers in the States of

Vermont and West Virginia to apply for falconry permits. It is

estimated that no more than 25 people would apply for falconry permits

in both Vermont and West Virginia combined. This rule does contain

information collection requirements that require approval by OMB under

the Paperwork Reduction Act, 44 U.S. 3501 et seq. The information

collection is covered by an existing OMB approval for licenses/permit

applications, number 1018-0022. For further permitting approval see 50

CFR part 21.4.

Unfunded Mandates Act Implications

The Service has determined and certifies pursuant to the Unfunded

Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not

impose a cost of $100 million or more in any given year on local or

State governments or private entities.

Civil Justice Reform--Executive Order 12988

The Service, in promulgating this rule, determines that these

regulations meet the applicable standards provided in sections 3(a) and

3(b)(2) of Executive Order 12988 and 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.

Government-to-Government Relationship With Tribes

Civil Justice Reform--Executive Order 12988

The Service, in promulgating this rule, determines that these

regulations meet the applicable standards provided in sections 3(a) and

3(b)(2) of Executive Order 12988 and 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.

Government-to-Government Relationship With Tribes

There are no Federally-recognized Indian tribes in the States of

Vermont or West Virginia and the proposed revisions to the existing

regulations are of a purely administrative nature affecting no tribal

trust resources. The Service, therefore, has determined that there are

no effects on Federally-recognized Indian tribes in this proposed

rulemaking.

List of Subjects in 50 CFR Part 21

Exports, Hunting, Imports, Reporting and recordkeeping

requirements, Transportation, Wildlife.

Accordingly, the Service proposes to amend Part 21, subchapter B,

Chapter 29 of Title 50 of the Code of Federal Regulations as follows:

PART 21--MIGRATORY BIRD PERMITS

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

Authority: Pub. L. 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)).

2. Amend Sec. 21.29 by revising paragraphs (a), (c), (j)(2) and (k)

as follows:

Sec. 21.29 Federal falconry standards.

(a) General. No person may take, possess, transport, sell,

purchase, barter, or offer to sell, purchase, or barter any raptor for

falconry purposes in any State which does not allow the practice of

Falconry or in any State which has not submitted a copy of its laws and

regulations governing the practice of falconry to the Director, who

determines that the State's laws and regulations meet or exceed Federal

standards established in this section: Except, a Federal falconry

permittee may possess and transport for falconry purposes otherwise

lawfully possessed raptors through States which do not allow the

practice of falconry or meet Federal falconry standards so long as the

raptors remain in transit in inter

the Director, who

determines that the State's laws and regulations meet or exceed Federal

standards established in this section: Except, a Federal falconry

permittee may possess and transport for falconry purposes otherwise

lawfully possessed raptors through States which do not allow the

practice of falconry or meet Federal falconry standards so long as the

raptors remain in transit in interstate commerce. The States that are

in compliance with Federal falconry standards are listed in paragraph

(k) of this section.

* * * * *

(c) Certification of compliance. Any State that wishes to allow the

practice of falconry must submit a copy of its laws and regulations

governing the practice of falconry to the Director. If the Director

determines that the State's laws and regulations meet or exceed the

Federal standards established by this section, the Service will publish

a notice in the Federal Register and the State will be listed in

paragraph (k) of this section. The Service will consider any State that

was listed in paragraph (k) of this section prior to September 14,

1989, to be in compliance with Federal standards.

* * * * *

(j) Other restrictions.

(2) A person who possesses raptors before the enactment of these

regulations, in excess of the number allowed under their permit, shall

be allowed to retain the extra raptors. All such birds shall be

identified with markers supplied by the Service and no replacement can

occur, nor may any additional raptor be obtained, until the number in

possession is at least one less than the total number authorized by the

class of permit held by the permittee.

* * * * *

egulations, in excess of the number allowed under their permit, shall

be allowed to retain the extra raptors. All such birds shall be

identified with markers supplied by the Service and no replacement can

occur, nor may any additional raptor be obtained, until the number in

possession is at least one less than the total number authorized by the

class of permit held by the permittee.

* * * * *

(k) States meeting Federal falconry standards. In accordance with

this section, the Director has determined that the following States

meet or exceed the minimum Federal standards for regulating the taking,

possession, and transportation of raptors for the purpose of falconry

as set forth herein.

*Alabama

*Alaska

*Arizona

*Arkansas

*California

*Colorado

*Florida

*Georgia

*Idaho

*Illinois

*Indiana

*Iowa

*Kansas

*Kentucky

*Louisiana

*Maine

*Maryland

*Massachusetts

*Michigan

*Minnesota

*Mississippi

*Missouri

*Montana

*Nebraska

*Nevada

*New Hampshire

*New Jersey

*North Dakota

*New York

*New Mexico

*North Carolina

*Ohio

*Oklahoma

*Oregon

*Pennsylvania

*Rhode Island

*South Carolina

*South Dakota

*Tennessee

*Texas

*Utah

*Vermont

*Virginia

*Washington

*West Virginia

*Wisconsin

*Wyoming

Note: States which are participants in a joint Federal/State

permit system are designated by an asterisk.

Dated: August 7, 1998.

Stephen C. Saunders,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 98-22159 Filed 8-17-98; 8:45 am]

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