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. 668–668d)
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
“taking” of eagles for various purposes, including the protection
of “other interests in any particular locality” (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
“general exceptions to permit requirements” (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)–(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 – 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 – 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 – 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: “This 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.” 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