Proposed Rule

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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules

PART 21—MIGRATORY BIRD PERMITS
1. The authority citation for part 21 is
revised to read as follows:

■

Authority: 16 U.S.C. 703–712.
■

2. Revise § 21.44 to read as follows:

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§ 21.44 Depredation order for house
finches and white-crowned sparrows in
California.

House finches (Carpodacus
mexicanus) and white-crowned
sparrows (Zonotrichia leucophrys) may
be taken in Fresno, Merced, Napa, and
Sonoma Counties in California if they
are depredating on agricultural or
horticultural crops. Take of birds under
this order must be done under the
supervision of the county agriculture
commissioner. You do not need a
Federal permit for this depredation
control as long as you meet the
conditions below, but a depredation
permit (§ 21.41 in this subpart) is
required for take of other migratory bird
species, or for take of white-crowned
sparrows from 1 April through 30
September.
(a) When is take allowed?
(1) House finches may be controlled at
any time.
(2) White-crowned sparrows may be
controlled from 1 October through 31
March.
(b) Use of nonlethal control. Each
year, before lethal control may be
undertaken, the landowner must
attempt to use nonlethal control of
migratory bird depredation as
recommended by the U.S. Department
of Agriculture, Animal and Plant Health
Inspection Service, Wildlife Services.
The county agriculture commissioner
must confirm that nonlethal measures
have been undertaken to control or
eliminate the problem prior to the
landowner using lethal control.
(c) Ammunition. Except when using
an air rifle or an air pistol, if firearms
are used to kill migratory birds under
the provisions of this regulation, the
shooter must use nontoxic shot or
nontoxic bullets to do so. See § 20.21(j)
of this chapter for a listing of approved
nontoxic shot types.
(d) Disposition of carcasses.
Specimens useful for scientific purposes
may be transferred to any entity
authorized to possess them. If not
transferred, all carcasses of birds killed
under this order must be buried or
otherwise destroyed. None of the above
migratory birds killed, or the parts
thereof, or the plumage of such birds,
shall be sold or removed from the area
where killed.
(e) Annual report. Any county official
acting under this depredation order

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must provide an annual report to the
Regional Migratory Bird Permit Office.
The use of FWS Form 3–202–2144 (see
Service Web site) is preferred, but not
required. The address for the Regional
Migratory Bird Permit Office is in § 2.2
of subchapter A of this chapter, and is
on the form. The report is due by
January 31st of the following year and
must include the following information:
(1) The name, address, phone number,
and email address of the reporting
County Commissioner;
(2) The species and number of birds
taken each month;
(3) The disposition of the carcasses;
and
(4) The crop or crops that the birds
were taken to protect.
Dated: April 30, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2013–11255 Filed 5–10–13; 8:45 am]
BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
[Docket No. FWS–R9–MB–2012–0027;
FF09M21200–234–FXMB1232099BPP0]
RIN 1018–AY60

Migratory Bird Permits; Removal of
Yellow-Billed Magpie and Other
Revisions to Depredation Order
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:

SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), propose
changes to the regulations governing
control of depredating blackbirds,
cowbirds, grackles, crows and magpies.
The yellow-billed magpie (Pica nuttalli)
is endemic to California and has
suffered substantial population
declines. It is a species of conservation
concern. We propose to remove the
species from the depredation order.
After this change, a depredation permit
would be necessary to control the
species. We also propose to narrow the
application of the regulation from
protection of any wildlife to protection
of threatened or endangered species
only. We propose to add conditions for
live trapping, which are not currently
included in the regulation. Finally, we
propose to refine the reporting
requirement to gather data more useful
in assessing actions under the order.

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Electronic comments on this
proposal via http://www.regulations.gov
must be submitted by 11:59 p.m. Eastern
time on August 12, 2013. Comments
submitted by mail must be postmarked
no later than August 12, 2013.
Comments on the information collection
requirements are due no later than June
12, 2013.
ADDRESSES: You may submit comments
by either of the following methods.
Please do not submit comments by both.
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments to
Docket No. FWS–R9–MB–2012–0027.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R9–
MB–2012–0027; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; 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 you provide us (see the
Public Comments section below for
more information).
Submit comments on the information
collection requirements to the Desk
Officer for the Department of the
Interior at Office of Management and
Budget (OMB–OIRA) at (202) 395–5806
(fax) or [email protected]
(email). Please provide a copy of your
comments to the Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, MS 2042–PDM,
4401 North Fairfax Drive, Arlington, VA
22203 (mail), or [email protected]
(email).
FOR FURTHER INFORMATION CONTACT: Dr.
George Allen, 703–358–1825. You may
review the Information Collection
Request online at http://
www.reginfo.gov. Follow the
instructions to review Department of the
Interior collections under review by
OMB.
SUPPLEMENTARY INFORMATION:
DATES:

Background
The U.S. Fish and Wildlife Service is
the Federal agency delegated the
primary responsibility for managing
migratory birds. This delegation is
authorized by the Migratory Bird Treaty
Act (MBTA) (16 U.S.C. 703 et seq.),
which implements conventions with
Great Britain (for Canada), Mexico,
Japan, and the Russian Federation
(formerly the Soviet Union). We
implement the provisions of the MBTA
through regulations in parts 10, 13, 20,
21, and 22 of the Code of Federal
Regulations (CFR). Regulations
pertaining to migratory bird permits are

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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules
at 50 CFR 21; subpart D of part 21
contains regulations for the control of
depredating birds.
A depredation order allows the take of
specific species of migratory birds for
specific purposes without need for a
depredation permit. The depredation
order for blackbirds, cowbirds, grackles,
crows, and magpies (50 CFR 21.43)
allows take when individuals of an
included species are found ‘‘committing
or about to commit depredations upon
ornamental or shade trees, agricultural
crops, livestock, or wildlife, or when
concentrated in such numbers and
manner that they are a health hazard or
other nuisance.’’
We established the depredation order
for blackbirds and grackles in 1949 (14
FR 2446, May 11, 1949). The regulation
specified that take of birds under the
order was to protect agricultural crops
and ornamental or shade trees. We
added cowbirds to that depredation
order in 1958 (23 FR 5481; July 18,
1958). In 1972, we added magpies and
also expanded the order to cover
depredations on livestock or wildlife or
‘‘when concentrated in such numbers
and manner as to constitute a health
hazard or other nuisance’’ (37 FR 9223;
May 6, 1972). We added crows to the
order in 1973 (38 FR 15448; June 12,
1973) and removed the tri-colored
blackbird (Agelaius tricolor) in 1989 (54
FR 47524, November 15, 1989).
From 1989 until 2010, the
depredation order at 50 CFR 21.43
pertained to ‘‘yellow-headed, redwinged, rusty, and Brewer’s blackbirds,
cowbirds, all grackles, crows, and
magpies.’’ On December 8, 2008 (73 FR
74447), we proposed ‘‘to make the list
of species to which the depredation
order applies more precise by listing
each species that may be controlled
under the order.’’ We issued a final rule
December 2, 2010 (75 FR 75153), which
became effective January 3, 2011, and
remains effective today, that revised 50
CFR 21.43 to include four species of
grackles; three species each of
blackbirds, cowbirds, and crows; and
two species of magpies, including the
yellow-billed magpie.

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Proposed Revisions to Depredation
Order
Removal of the Yellow-Billed Magpie
The yellow-billed magpie (Pica
nuttalli) is an endemic species of
California. It is found ‘‘primarily in the
Central Valley, the southern Coast
Ranges, and the foothills of the Sierra
Nevada,’’ and is an ‘‘integral part of the
oak savannah avifauna’’ in California
(Koenig and Reynolds, 2009).
Degradation of habitat is considered a

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threat to the species, though secondary
poisoning may be a threat in some
locations (Koenig and Reynolds, 2009).
The yellow-billed magpie is on the
Service’s list of Birds of Conservation
Concern for the California/Nevada
Region (USFWS, 2008). Recently, there
have apparently been severe impacts of
West Nile virus on the species (Crosbie
et al. 2008, Ernest et al., 2010). Our
concern for this species leads us to
propose to remove it from the
depredation order. If the final rule
includes removal of this species, then
individuals and organizations needing
to deal with depredating yellow-billed
magpies could apply for a depredation
permit under 50 CFR 21.41.
Wildlife Depredation
For wildlife protection, we propose to
limit application of this depredation
order, which currently covers protecting
all wildlife, to only allow take without
a permit for protection of threatened or
endangered species listed in 50 CFR
17.11(h), in counties in which the listed
species occur as is shown to occur in
the Service’s Environmental
Conservation Online System (http://
ecos.fws.gov), or in designated critical
habitat. Take to protect other species of
wildlife can be allowed under
depredation permits (see 50 CFR 21.41).
Trapping Conditions
We propose to add requirements
regarding the use of traps to take birds
listed in the order. Proposed regulations
cover locating and checking traps,
releasing nontarget birds, and using lure
birds. We are particularly interested in
suggestions about the frequency of trap
checks (proposed paragraph (f)).
We are concerned that checking traps
once per day, as we propose to require,
may not be sufficient to limit take and
loss of nontarget bird species. However,
more frequent checks of traps may be
difficult to accomplish, more expensive
when traps are spread over wide areas,
and could result in reduced trap
performance, and may result in
increased stress upon live lures. If we
receive comments that substantiate the
need for more frequent trap checks, we
may require them in the final rule, and
require authorization under depredation
permits of less frequent trapping
regimes, on a case-by-case basis.
Reporting
Under the current regulations, we
cannot assess impacts of this order on
nontarget species. Therefore, we
propose to clarify that reporting of
activities under this depredation order
requires a summary of those activities
and information about capture of

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27931

nontarget species (proposed paragraph
(i)).
Euthanasia
We propose to allow three methods of
euthanasia that are considered humane
by the American Veterinary Medical
Association (2013, https://
www.avma.org/KB/Policies/Documents/
euthanasia.pdf). We solicit suggestions
as to whether we should allow other
methods of euthanasia.
Public Comments
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in
ADDRESSES. We will not accept
comments sent by email or fax or to an
address not listed in ADDRESSES.
Finally, we will not consider mailed
comments that are not postmarked by
the date specified in DATES.
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 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.
Required Determinations
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget (OMB) 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.

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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.
SBREFA amended the Regulatory
Flexibility Act to require Federal
agencies to provide a statement of the
factual basis for certifying that a rule
would not have a significant economic
impact on a substantial number of small
entities. We have examined this rule’s
potential effects on small entities as
required by the Regulatory Flexibility
Act, and have determined that this
action would not have a significant
economic impact on a substantial
number of small entities because the
yellow-billed magpie does not
frequently cause depredation problems.
Where it does, depredation permits
could be issued to alleviate problems.
The only potential costs associated
with this proposed regulations change is
that a person needing a depredation
permit to control yellow-billed magpies
would have to pay the application fee
for the permit, which is $100 for
organizations and $50 for homeowners.
For the reasons explained in the
preamble, we believe that few entities
would have cause to apply for these
permits. Therefore, we do not believe
that this proposed rule would have a
significant economic impact on a
substantial number of small entities.
Accordingly, we certify that a regulatory
flexibility analysis is not required.
This rule is not a major rule under the
SBREFA (5 U.S.C. 804(2)).
a. This rule would 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.

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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 in any significant
way.
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’’ under
the Unfunded Mandates Reform Act.
Takings
In accordance with Executive Order
12630, the rule has no takings
implications. A takings implication
assessment is not required.
Federalism
This rule does not have sufficient
Federalism effects to warrant
preparation of a Federalism assessment
under Executive Order 13132. It would
not interfere with the ability of States to
manage themselves or their funds. No
significant economic impacts are
expected to result from the proposed
change in the depredation order.
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 E.O. 12988.
Paperwork Reduction Act
This proposed rule contains new
reporting requirements that we are
submitting to the Office of Management
and Budget (OMB) for review and
approval under Sec. 3507(d) of the
Paperwork Reduction Act (PRA). OMB
has approved the current information
collection requirements associated with
the depredation orders in 50 CFR 21.43
and assigned OMB Control Number
1018–0146, which expires November
30, 2013. OMB has also approved the
information collection requirements
associated with migratory bird permits
and assigned OMB Control Number
1018–0022, which expires February 28,
2014.
We are refining the reporting
requirements at 50 CFR 21.43(i) to
gather data that will be more useful in
assessing actions taken under the order.
At present, we cannot assess the
impacts of the depredation order on
nontarget species. Therefore, we clarify
that reporting of activities under this
regulation requires a summary of those

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activities and information about capture
of nontarget species. We have developed
FWS Form 3–202–2143 for respondents’
use in submitting the annual report. We
are proposing that the annual report
contain the following new reporting
requirements:
• GPS coordinates to three decimal
places of the locations in which the
birds were captured or killed. Only the
county must be reported for captures by
the USDA Animal and Plant Health
Inspection Services, Wildlife Services
that are conducted to protect agriculture
operations, farming, or conservation
practices.
• Species, if birds were taken for the
protection of wildlife, or the crop, if
birds were taken for the protection of
agriculture.
• Method of take.
• Whether captured nontarget species
were released, sent to rehabilitators, or
died.
• If trapping was conducted,
measures taken to minimize capture of
nontarget species.
We are requesting that OMB assign a
new control number for the new annual
report requirements. When we publish
the final rule, we will incorporate the
new requirements into OMB Control
Number 1018–0146 and discontinue the
new number. An agency may not
conduct or sponsor and you are not
required to respond to a collection of
information unless it displays a
currently valid OMB control number.
Title: New Annual Report
Requirements for Take of Blackbirds,
Cowbirds, Crows, Grackles, and
Magpies, 50 CFR 21.43.
OMB Control Number: None. This is
a new collection.
Service Form Number: 3–202–2143.
Type of Request: New collection.
Description of Respondents:
Individuals, farmers, and State and
Federal wildlife damage management
personnel.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: Annually.
Estimated Number of Respondents:
250.
Estimated Number of Annual
Responses: 250.
Estimated Completion Time per
Response: 30 minutes.
Estimated Total Annual Burden
Hours: 126 (rounded).
Estimated Total Nonhour Burden
Cost: None.
As part of our continuing effort to
minimize paperwork and respondent
burdens, we invite the public and other
Federal agencies to comment on any
aspect of the reporting burden,
including:

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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules
(1) Whether or not the collection of
information is necessary, including
whether or not the information will
have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on
respondents.
Send your comments and suggestions
on this information collection to the
Desk Officer for the Department of the
Interior at OMB–OIRA at (202) 395–
5806 (fax) or
[email protected]
(email). Please provide a copy of your
comments to the Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, MS 2042–PDM,
4401 North Fairfax Drive, Arlington, VA
22203 (mail), or [email protected]
(email).
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 U.S. Department
of the Interior regulations at 43 CFR 46
and have determined that the proposed
changes can be categorically excluded
from the NEPA process. This action
would have no significant effect on the
quality of the human environment, nor
would it involve unresolved conflicts
concerning alternative uses of available
resources.
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
evaluated potential effects on federally
recognized Indian Tribes and have
determined that there are no potential
effects. This rule would not interfere

emcdonald on DSK67QTVN1PROD with PROPOSALS

Blackbirds
Brewer’s (Euphagus
cyanocephalus).
Red-winged (Agelaius
phoeniceus).
Yellow-headed
(Xanthocephalus
xanthocephalus).

with the ability of Tribes to manage
themselves or their funds or to regulate
migratory bird activities on Tribal lands.
Energy Supply, Distribution, or Use
(Executive Order 13211)
E.O. 13211 requires agencies to
prepare Statements of Energy Effects
when undertaking certain actions. This
action would not be a significant energy
action. Because this rule change would
not significantly affect energy supplies,
distribution, or use, 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)). We have
concluded that the proposed regulation
change would not affect listed species.
Clarity of This Regulation
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES

Cowbirds

Crows

Bronzed (Molothrus
aeneus).
Shiny (Molothrus
bonariensis).
Brown-headed (Molothrus
ater).

Literature Cited
Crosbie, S. P., W. D. Koenig, W. K. Reisen,
V. L. Kramer, L. Marcus, R. Carney, E.
Pandolfino, G. M. Bolen, L. R. Crosbie,
D. A. Bell, and H. B. Ernest. 2008. Early
impact of West Nile virus on the yellowbilled magpie (Pica nuttalli). Auk
125:542–550.
Ernest, H. B., L. W. Woods, and B. R. Hoar.
2010. Pathology associated with West
Nile virus infections in the yellow-billed
magpie (Pica nuttalli): a California
endemic bird. Journal of Wildlife
Diseases 46:401–408.
Koenig, W. and M. D. Reynolds. 2009.
Yellow-billed Magpie (Pica nuttalli), The
Birds of North America Online (A. Poole,
Editor). Cornell Laboratory of
Ornithology, Birds of North America
Online: http://bna.birds.cornell.edu/bna/
species/180, 27 January 2012.
U.S. Fish and Wildlife Service. 2008. Birds
of Conservation Concern, 2008. Division
of Migratory Bird Management,
Arlington, Virginia.

List of Subjects in 50 CFR Part 21
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
Proposed Regulation Promulgation
For the reasons stated in the
preamble, we propose to amend part 21
of subchapter B, chapter I, title 50 of the
Code of Federal Regulations, as follows:
PART 21—MIGRATORY BIRD PERMITS
1. The authority for part 21 continues
to read as follows:

■

Authority: 16 U.S.C. 703–712.
■

2. Revise § 21.43 to read as follows:

§ 21.43 Depredation order for blackbirds,
cowbirds, crows, grackles, and magpies.

(a) Species covered.
Grackles

American (Corvus
brachyrhynchos).
Fish (Corvus ossifragus) ...
Northwestern (Corvus
caurinus).

section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that are unclearly
written, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.

Boat-tailed (Quiscalus
major).
Common (Quiscalus
quiscula).
Great-tailed (Quiscalus
mexicanus).
Greater Antillean
(Quiscalus niger).

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Magpies
Black-billed (Pica
hudsonia)

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(b) Conditions under which control is
allowed. You do not need a Federal
permit to control the species listed in
paragraph (a) of this section in the
following circumstances:
(1) Where they are seriously injurious
to agricultural or horticultural crops or
to livestock feed;
(2) When they cause a health hazard
or property damage;
(3) To protect a threatened or
endangered species in any county in
which the species is shown to occur in
the Service’s Environmental
Conservation Online System (http://
ecos.fws.gov); or
(4) To protect a threatened or
endangered species in designated
critical habitat for the species.
(c) Non-lethal control efforts. You
must attempt to control depredation by
species listed under this depredation
order using non-lethal methods before
you may use lethal control.
(d) Ammunition. In most cases, if you
use a firearm to kill migratory birds
under the provisions of this section, you
must use nontoxic shot or nontoxic
bullets to do so. See § 20.21(j) of this
chapter for a listing of approved
nontoxic shot types. However, this
prohibition does not apply if you use an
air rifle or an air pistol for control of
depredating birds.
(e) Access to control efforts. If you
exercise any of the privileges granted by
this section, you must allow any
Federal, State, tribal, or territorial
wildlife law enforcement officer
unrestricted access at all reasonable
times (including during actual
operations) over the premises on which
you are conducting the control. You
must furnish the officer whatever
information he or she may require about
your control operations.
(f) Trapping conditions. You must
comply with the following conditions if
you attempt to trap any species under
this order.
(1) You may possess, transport, and
use a lure bird or birds of the species
listed in paragraph (a) of this section
that you wish to trap.
(2) You must check each trap at least
once every day it is deployed.

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(3) At temperatures above
80 °Fahrenheit, the traps must provide
shade for captured birds.
(4) Each trap must contain adequate
food and water.
(5) You must promptly release all
healthy nontarget birds that you
capture.
(6) You must send injured or
debilitated nontarget birds to a federally
permitted wildlife rehabilitator. You
must report the captures in your annual
report (see paragraph (i) of this section).
(g) Euthanasia. Captured birds of the
species listed in paragraph (a) of this
section may only be killed by carbon
monoxide or carbon dioxide inhalation,
or by cervical dislocation performed by
well-trained personnel who are
regularly monitored to ensure
proficiency.
(h) Disposition of birds and parts. You
may not sell, or offer to sell, any bird,
or any part thereof, killed under this
section, but you may possess, transport,
and otherwise dispose of the bird or its
parts, including transferring them to
authorized research or educational
institutions. If not transferred, the bird
and its parts must either be burned, or
buried at least 1 mile from the nesting
area of any threatened or endangered
migratory bird species.
(i) Annual report. Any person,
business, organization, or government
official acting under this depredation
order must provide an annual report to
the appropriate Regional Migratory Bird
Permit Office. The use of FWS Form 3–
202–2143 is preferred, but not required.
The addresses for the Regional
Migratory Bird Permit Offices are in
§ 2.2 of subchapter A of this chapter,
and are on the form. The report is due
by January 31st of the following year
and must include the following
information:
(1) The species and number of all
birds captured or killed.
(2) The months in which the birds
were captured or killed.
(3) The locations in which the birds
were captured or killed.
(i) You must report the GPS
coordinates to three decimal places of
the locations.

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(ii) However, only the county must be
reported for captures by the U.S.
Department of Agriculture’s Animal and
Plant Health Inspection Services,
Wildlife Services that are conducted to
protect agriculture operations, farming,
or conservation practices.
(4) The purpose for which they were
captured or killed (such as for
protection of one or more threatened or
endangered species, agriculture, human
health and safety, or property). If taken
for protection of wildlife, specify the
species. If taken for protection of
agriculture, specify the crop.
(5) The method of take.
(6) Whether captured nontarget
species were released, sent to
rehabilitators, or died.
(7) If you conducted trapping,
measures you took to minimize capture
of nontarget species, such as baiting
traps with only white millet seed for
capture of brown-headed cowbirds, and
using traps that prevent raptors from
entering.
(j) Compliance with other laws. You
may trap and kill birds under this order
only in a way that complies with all
State, tribal, or territorial laws or
regulations. You must have any State,
tribal, or territorial permit required to
conduct the activity.
(k) Information collection. The Office
of Management and Budget has
approved the information collection
requirements associated with this
depredation order and assigned OMB
Control No. 1018–0146. We may not
conduct or sponsor and you are not
required to respond to a collection of
information unless it displays a
currently valid OMB control number.
You may send comments on the
information collection requirements to
the Service’s Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, MS 2042–PDM, 1849 C
Street, NW., Washington, DC 20240.
Dated: April 17, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2013–11254 Filed 5–10–13; 8:45 am]
BILLING CODE 4310–55–P

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