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
12/31/2024
Requested
Previously Approved
36 Months From Approved
4,800
0
3,310
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
This is a request for a new OMB control number in conjunction with information collection associated with our proposed rule (RIN 1018-BC76).
Additionally, with this submission at the final rule stage, we removed two ICs included in the ICR reviewed by OMB at the proposed rule stage:
Notification Requirement â States (50 CFR 19.21)
Upon issuance of a permit by a State to a person pursuant to this section, the issuing authority will provide immediate notification to the Special Agent in Charge having jurisdiction.
Removal of this IC resulted in -1 annual response and no change to the annual burden hours.
Annual Report â State Issuance of Permits (50 CFR 19.21)
Any State issuing permits to persons to engage in airborne hunting or harassing of wildlife or any State whose employees or agents participate in airborne hunting or harassing of wildlife for purposes of administering or protecting land, water, wildlife, livestock, domestic animals, human life or crops, shall file with the Director, an annual report on or before July 1 for the preceding calendar year ending December 31.
Removal of this IC resulted in -1 annual response and -1 annual burden hours.
We also added a new IC not originally included in the ICR reviewed by OMB at the proposed rule stage:
Notification Requirement â Current Authorizations (50 CFR 21.18) NEW
So that we may better understand the number and types of entities operating under the current exhibition exception, we request that entities currently operating under 50 CFR 21.12(b)(1) email the Service by [INSERT DATE 60 DAYS AFTER THE DATE OF FEDERAL REGISTER PUBLICATION] with the following information: (1) the entity name, physical address, and, if different, mailing address; (2) the name, title, and contact information of the principal officer who is in charge of the organization; (3) the name, title, and contact information of the primary contact the Service should use, if different than the principal officer; and (4) the following statement: âThis entity is currently operating under the permit exception at 50 CFR 21.12(b)(1) and intends to continue operating under the conditions of this exception until the Service publishes exhibition regulations.â
The Service will use this information to contact those entities once the new exhibition regulations are final.
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.
1018-0200 SSA MB Permit Exeptions RIN 1018-BC76 updated 12162024.docx
SORN FWS-21 Permits System–Interior (73 FR 31877).pdf
Notification Requirement – Current Authorizations (50 CFR 21.18) - Government