Regulatory Authorizations for Migratory Bird and Eagle Possession by the General Public, Educators, and Government Agencies; 50 CFR 21 and 22
New collection (Request for a new OMB Control Number)
No
Regular
Comment filed on proposed rule
02/27/2024
06/01/2023
In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time.
The agency shall examine public comment in response to the proposed rulemaking and include
in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a
description of how the agency has responded to any public comments on the ICR, including
comments on maximizing the practical utility of the collection and minimizing the burden.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
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0
0
0
0
0
0
0
0
The U.S. Fish and Wildlife Service (Service) is the Federal agency delegated with the primary responsibility for managing migratory birds, including bald eagles and golden eagles. Our authority derives primarily from 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. The MBTA protects certain migratory birds from take, except as permitted under the MBTA. We implement the provisions of the MBTA through regulations in parts 10, 13, 20, 21, and 22 of title 50 of the Code of Federal Regulations (CFR). Regulations pertaining to migratory bird permits are set forth at 50 CFR part 21. In addition, the Bald and Golden Eagle Protection Act (Eagle Protection Act; 16 U.S.C. 668â668d) prohibits take of bald eagles and golden eagles except pursuant to Federal regulations. The Eagle Protection Act authorizes the Secretary of the Interior to issue regulations to permit the âtakingâ of eagles for various purposes, including the protection of âother interests in any particular localityâ (16 U.S.C. 668a), provided the taking is compatible with the preservation of eagles. Regulations pertaining to eagle permits are set forth at 50 CFR part 22.
We prepared proposed regulations (RIN 1018-BC76) to revise current regulatory authorizations and add new regulatory authorizations for possession of migratory birds and eagles and other purposes. These proposed changes would more efficiently and appropriately provide authorization to the general public, educators, and government agency employees while meeting our obligations under the MBTA and the Eagle Protection Act. The Service has long authorized activities under regulatory authorizations. The origins of the regulatory authorization âgeneral exceptions to permit requirementsâ (50 CFR 21.12) can be traced back as far as 1944. With this proposed rulemaking action, we seek to address the need for better organization and transparency by redesignating the existing regulatory authorizations codified at 50 CFR 21.12(a)â(d) to their own sections. We propose revisions to these current regulations to add clarity and consistency. The Service also proposes new regulatory authorizations. Finally, we propose to modify the limitations on permits under the Airborne Hunting Act regulations (50 CFR part 19) to support emerging uses of technology for bird conservation.
US Code:
16 USC 703
Name of Law: Migratory Bird Treaty Act
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
1018-New SSA MB Permit Exeptions RIN 1018-BC76 04182023.docx
SORN FWS-21 Permits System–Interior (73 FR 31877).pdf
Annual Report – State Issuance of Permits (50 CFR 19.31) - Government