Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Proposed Rules 74447

Clarity of This Regulation DEPARTMENT OF THE INTERIOR the proposed information collection We are required by E.O.’s 12866 and requirements. Fish and Wildlife Service 12988 and by the Presidential FOR FURTHER INFORMATION CONTACT: Dr. Memorandum of June 1, 1998, to write George T. Allen, Division of Migratory 50 CFR Part 21 all rules in plain language. This means Bird Management, U.S. Fish and that each rule we publish must: [FWS–R9–MB–2008–0064; 91200–1231– Wildlife Service, Division of Migratory (a) Be logically organized; 9BPP] Bird Management, 4401 North Fairfax (b) Use the active voice to address RIN 1018–AV66 Drive, Mail Stop 4107, Arlington, VA readers directly; 22203–1610, or telephone 703–358– (c) Use clear language rather than Migratory Bird Permits; Removal of 1825. jargon; Rusty Blackbird and Tamaulipas SUPPLEMENTARY INFORMATION: (d) Be divided into short sections and (Mexican) Crow From the Depredation sentences; and Order for Blackbirds, Cowbirds, Background (e) Use lists and tables wherever Grackles, Crows, and Magpies, and The U.S. Fish and Wildlife Service is possible. Other Changes to the Order the Federal agency delegated the If you feel that we have not met these primary responsibility for managing AGENCY: requirements, send us comments by one Fish and Wildlife Service, migratory birds. This delegation is of the methods listed in the ADDRESSES Interior. authorized by the Migratory Bird Treaty section. To better help us revise the ACTION: Proposed rule. Act (MBTA) (16 U.S.C. 703 et seq.), rule, your comments should be as which implements conventions with SUMMARY: We, the U.S. Fish and specific as possible. For example, you Great Britain (for Canada), Mexico, Wildlife Service, propose a change in should tell us the numbers of the Japan, and the Soviet Union (Russia). the regulations governing control of sections or paragraphs that are unclearly Part 21 of title 50 of the Code of Federal depredating blackbirds, cowbirds, written, which sections or sentences are Regulations covers migratory bird grackles, crows, and magpies at 50 CFR too long, the sections where you feel permits. Subpart D deals specifically 21.43. Because of long-term evidence of lists or tables would be useful, etc. with the control of depredating birds population declines throughout much of and presently includes eight Literature Cited their ranges, we propose to remove the depredation orders. A depredation order U.S. Fish and Wildlife Service. 2003. Rusty Blackbird (Euphagus carolinus) is a regulation that allows the take of Final Environmental Impact Statement: and the Mexican (Tamaulipas) Crow specific species of migratory birds, at Double-Crested Cormorant Management. (Corvus imparatus) from the list of specific locations, and for specific Available at http://www.fws.gov/ species that may be controlled under the purposes without a depredation permit. migratorybirds/issues/cormorant/ depredation order. After this change, a The depredation order at 50 CFR 21.43 finaleis/CormorantFEIS.pdf. depredation permit would be necessary for blackbirds, cowbirds, grackles, to conduct control actions to take either crows, and magpies allows take when List of Subjects in 50 CFR Part 21 of these species. We also propose to add individuals of an included species are Exports, Hunting, Imports, Reporting a requirement to use nontoxic shot or ‘‘found committing or about to commit and recordkeeping requirements, bullets when a firearm is used to control depredations upon ornamental or shade Transportation, Wildlife. any species listed under the order, and trees, agricultural crops, livestock, or For the reasons stated in the we propose to add a requirement to wildlife, or when concentrated in such preamble, we propose to amend part 21 report on control actions taken under numbers and manner as to constitute a of subchapter B, chapter I, title 50 of the the order. health hazard or other nuisance.’’ Code of Federal Regulations, as follows: DATES: We will accept comments received or postmarked on or before Rusty Blackbird PART 21—MIGRATORY BIRD PERMITS March 9, 2009. The Rusty Blackbird is highly 1. The authority citation for part 21 ADDRESSES: You may submit comments dependent upon wooded wetlands and continues to read as follows: on the proposed rule by one of the breeds further north than any other Authority: Migratory Bird Treaty Act, 40 following methods: blackbird in North America. It breeds Stat. 755 (16 U.S.C. 703); Public Law 95–616, • Federal eRulemaking Portal: http:// mainly in Alaska and Canada and 92 Stat. 3112 (16 U.S.C. 712(2)); Public Law www.regulations.gov. Follow the occurs in the contiguous United States 106–108, 113 Stat. 1491, Note Following 16 instructions for submitting comments. during migration and winter. For a map U.S.C. 703. • U.S. mail or hand-delivery: Public of the species’ geographic distribution, § 21.47 [Amended] Comments Processing, Attn: RIN 1018– go to: http://www.birds.cornell.edu/ AV66; Division of Policy and Directives AllAboutBirds/BirdGuide/ 2. Amend § 21.47(f) by removing the Management; U.S. Fish and Wildlife Rusty_Blackbird_dtl.html#range. number ‘‘2009’’ and adding in its place Service; 4401 N. Fairfax Drive, Suite Estimates of the Rusty Blackbird’s global the number ‘‘2014.’’ 222; Arlington, VA 22203–1610. breeding population have varied and § 21.48 [Amended] We will not accept e-mails or faxes. continue to vary considerably. A good 3. Amend § 21.48(f) by removing the We will post all comments on http:// recent estimate is perhaps 1.3 million number ‘‘2009’’ and adding in its place www.regulations.gov. This generally (P. Blancher, Environment Canada, the number ‘‘2014.’’ means that we will post any personal unpublished data). information you provide (see the Public Greenberg and Droege (1999) wrote, Dated: November 25, 2008. Comments section below for more ‘‘All of the evidence to date indicates David M. Verhey, information). that the Rusty Blackbird was once Acting Assistant Secretary for Fish and Information Collection: See abundant but has been experiencing a Wildlife and Parks. ‘‘Paperwork Reduction Act’’ in chronic decline since the mid-1800s. [FR Doc. E8–29018 Filed 12–5–08; 8:45 am] SUPPLEMENTARY INFORMATION for This decline may be accelerating, with BILLING CODE 4310–55–P information on submitting comments on total decreases estimated at

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approximately 90 percent by three Despite uncertainty about the 2004). However, concerns about rapid independent population surveys.’’ This significance of blackbird control in the population decline in the northern part evidence of sharp decline, coupled with Rusty Blackbird’s decline, given the of its range are too recent to be reflected the species’ low population density, has long-term downward trend and special in the Red List. In the Partners in Flight made it a conservation concern; the conservation status of the species, we species assessment database, the Rusty Blackbird is included on both have decided that we should remove the Tamaulipas Crow is listed as a Species Audubon’s WatchList (National Rusty Blackbird from the list of species of Regional Importance, and it needs Audubon Society 2008) and the Partners that may be controlled under the ‘‘Management Attention,’’ according to In Flight Watch List (where it is labeled depredation order at 50 CFR 21.43. After the Rocky Mountain Bird Observatory as ‘‘moderately abundant or widespread this change, any take of this species (2005). [but] with declines or high threats’’; would require a depredation permit (50 Because of the extremely limited Rich et al. 2004). Additionally, it is CFR 21.41) or other applicable MBTA distribution of this species in the United labeled a species of ‘‘Special Concern’’ permit. States, and its apparent rapid decline in by the Committee on the Status of numbers, we propose to remove the Tamaulipas Crow Endangered Wildlife in Canada, and as Tamaulipas Crow from the list of ‘‘Vulnerable’’ to extinction in the wild In 50 CFR 10.13, the List of Migratory species that may be controlled under the by the World Conservation Union Birds (the bird species protected under depredation order at 50 CFR 21.43. After (BirdLife International 2004). the MBTA), Corvus imparatus is the this change, any take of this species Three lines of evidence have raised ‘‘Mexican Crow.’’ However, the species would require a depredation permit (50 concerns about the Rusty Blackbird’s is currently recognized by the common CFR 21.41) or other applicable MBTA population status. First, the species is name ‘‘Tamaulipas Crow’’ by the permit. now rare or absent from at least some American Ornithologists’ Union Additional Regulatory Changes boreal forest areas where it was once Committee on Classification and common (Greenberg and Droege 1999). Nomenclature. We consider We also propose to require the use of Second, Breeding Bird Survey (BBS) ‘‘Tamaulipas Crow’’ to be synonymous nontoxic ammunition for all take of data indicate that the species has with ‘‘Mexican Crow.’’ migratory birds under this depredation declined dramatically over the past few The Tamaulipas Crow is a small order to prevent toxicity hazards to decades, with the highest rates of glossy crow of northeast Mexico, with a other wildlife. Further, we propose to decline occurring in the central and total distribution limited to about 350 require reporting of control actions eastern portion of the boreal forest. miles from the Texas/Mexico border taken under the order to give us data on Since 1966, abundance of the Rusty area south to northern Veracruz, Mexico the number of each species taken each Blackbird has declined by 12.8 percent (Howell and Webb 1995). The species year to better monitor the effects of such annually across the BBS survey (Sauer frequents semiarid brushlands and can take on populations of those species. We et al. 2007). However, BBS survey be found in association with humans in expect the respondents to be mostly coverage is concentrated at the southern villages, ranches, and garbage dumps State and Federal wildlife damage extent of the Rusty Blackbird’s breeding (Oberholser 1974). The Tamaulipas management personnel who undertake range and thus the BBS trend may not Crow was first discovered in the United blackbird control to protect crops. We be representative of the entire States in August 1968 when three birds also propose to make the list of species population. Third, Christmas Bird were observed near the mouth of the Rio to which the depredation order applies Count (CBC) data analysis indicates a Grande in Cameron County, Texas; a more precise by listing each species that 5.1 percent annual decline throughout week later, approximately 1,000 birds may be controlled under the order. were seen in the same vicinity the species’ winter range from 1965–66 Public Comments to 2002–03 (Niven et al. 2004). CBC data (Oberholser 1974, Arvin et al. 1975). are considered more reliable for Breeding in the United States was first You may submit your comments and detecting changes in Rusty Blackbird documented in Brownsville, Texas, in materials concerning this proposed rule abundance than are BBS data since only 1989, and the species has bred by one of the methods listed in the a small area of the species’ breeding sporadically in that area since then ADDRESSES section. We will not accept range is covered by BBS routes, whereas (Brush 2005). Lockwood and Freeman comments sent by e-mail or fax or to an a large portion of its winter range is (2004) described the Tamaulipas Crow address not listed in the ADDRESSES covered by CBC surveys (Machtans et al. as a ‘‘Very rare to casual visitor to section. 2007, Niven et al. 2004). southern Cameron County, primarily in If you submit a comment via http:// Conversion of wooded wetland the vicinity of the Brownsville Sanitary www.regulations.gov, your entire habitats on both breeding and wintering Landfill. Although formerly a common comment, including any personal grounds is a compelling explanation for winter resident and very rare summer identifying information, will be posted the species’ decline. However, acid resident, this species now barely on the Web site. If you submit a precipitation in the boreal forest maintains a toe-hold in southern hardcopy comment that includes (Greenberg and Droege 1999) and Texas.’’ personal identifying information, you dessication of boreal wetlands Recent observations by ornithologists may request at the top of your document (Greenberg et al. unpublished data) are indicate that the total distribution (and that we withhold this information from other suspected contributing factors. possibly the population) of the public review. However, we cannot Avery (1995) reported that Rusty Tamaulipas Crow have declined guarantee that we will be able to do so. Blackbirds make up less than 1 percent considerably since the late 20th century, We will post all hardcopy comments on of mixed-species winter roost although quantitative data are lacking. http://www.regulations.gov. concentrations, and that the effects of The species is listed in the ‘‘yellow’’ Required Determinations roost control on populations are category on Audubon’s WatchList, due unknown. However, Greenberg and to its limited range (National Audubon Regulatory Planning and Review Droege (1999) seemed to believe that Society 2008), but has the rank of ‘‘Least (Executive Order 12866) bird control programs are not an Concern’’ on the World Conservation The Office of Management and Budget important cause of the species’ decline. Union’s Red List (BirdLife International (OMB) has determined that this

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proposed rule is not significant under a. This proposed rule would not have proposing to require that any person or Executive Order 12866. OMB bases its an annual effect on the economy of $100 agency acting under the depredation determination upon the following four million or more. order provide an annual report to the criteria: b. This proposed rule would not cause appropriate Regional Migratory Bird (a) Whether the rule will have an a major increase in costs or prices for Permit Office. We plan to collect the annual effect of $100 million or more on consumers; individual industries; following information for each species the economy or adversely affect an Federal, State, Tribal, or local taken: economic sector, productivity, jobs, the government agencies; or geographic (1) Number of birds taken, environment, or other units of the regions. (2) Months and years in which the government. c. This proposed rule would not have birds were taken, (b) Whether the rule will create significant adverse effects on (3) State(s) and county(ies) in which inconsistencies with other Federal competition, employment, investment, the birds were taken, and agencies’ actions. productivity, innovation, or the ability (4) The purpose for which birds were (c) Whether the rule will materially of U.S.-based enterprises to compete taken (such as for protection of affect entitlements, grants, user fees, with foreign-based enterprises. agriculture; human health and safety, loan programs, or the rights and property, or natural resources). obligations of their recipients. Unfunded Mandates Reform Act We propose to collect this information (d) Whether the rule raises novel legal In accordance with the Unfunded or policy issues. so that we will be able to determine how Mandates Reform Act (2 U.S.C. 1501 et many birds of each species are taken Regulatory Flexibility Act (5 U.S.C. 601 seq.), we have determined the following: each year and whether the control et seq.) a. This proposed rule would not actions are likely to affect the ‘‘significantly or uniquely’’ affect small populations of those species. Under the Regulatory Flexibility Act governments. A small government (5 U.S.C. 601 et seq., as amended by the agency plan is not required. Actions Title: Depredation Order for Certain Small Business Regulatory Enforcement under the proposed regulation would Migratory Birds, 50 CFR 21.43. Fairness Act (SBREFA) of 1996 (Pub. L. not affect small government activities in OMB Control Number: None. This is 104–121)), whenever an agency is any significant way. a new collection. required to publish a notice of b. This proposed rule would not Service Form Number(s): None. rulemaking for any proposed or final produce a Federal mandate of $100 Type of Request: New collection. rule, it must prepare and make available million or greater in any year. It would Affected Public: State and Federal for public comment a regulatory not be a ‘‘significant regulatory action’’ wildlife damage management personnel, flexibility analysis that describes the under the Unfunded Mandates Reform perhaps farmers. effect of the rule on small entities (i.e., Act. Respondent’s Obligation: Required to small businesses, small organizations, obtain or retain a benefit. and small government jurisdictions). Takings Frequency of Collection: Annually. SBREFA amended the Regulatory In accordance with Executive Order Estimated Annual Number of Flexibility Act to require Federal 12630, this proposed rule does not have Respondents: 250. agencies to provide a statement of the significant takings implications. A Estimated Total Annual Responses: factual basis for certifying that a rule takings implication assessment is not 250. would not have a significant economic required. This proposed rule does not Estimated Time per Response: 2 impact on a substantial number of small contain a provision for taking of private hours. entities. We have examined this rule’s property. Estimated Total Annual Burden potential effects on small entities as Hours: 500. required by the Regulatory Flexibility Federalism As part of our continuing effort to Act, and have determined that this This proposed rule does not have reduce paperwork and respondent action would not have a significant sufficient Federalism effects to warrant burdens, we invite the public and other economic impact on a substantial preparation of a Federalism assessment Federal agencies to comment on any number of small entities because neither under Executive Order 13132. It would aspect of the reporting burden, the Rusty Blackbird nor the Tamaulipas not interfere with the ability of States to including: Crow are species that frequently cause manage themselves or their funds. No (1) Whether or not the collection of depredation problems and, where they significant economic impacts are information is necessary, including might do so, depredation permits could expected to result from the proposed whether or not the information will be issued to alleviate such problems. change in the depredation order. have practical utility; There are no costs associated with this (2) The accuracy of our estimate of the regulations change except that persons Civil Justice Reform burden for this collection of needing a depredation permit to take In accordance with Executive Order information; Rusty Blackbirds or Tamaulipas Crows 12988, the Office of the Solicitor has (3) Ways to enhance the quality, will have to pay the $100 application determined that the proposed rule does utility, and clarity of the information to fee for a depredation permit. We not unduly burden the judicial system be collected; and estimate the number of people likely to and meets the requirements of sections (4) Ways to minimize the burden of apply for such a permit to be no more 3(a) and 3(b)(2) of E.O. 12988. the collection of information on than 25 per year. We certify that because respondents. Paperwork Reduction Act this proposed rule would not have a Send your comments and suggestions significant economic effect on a This proposed rule contains a on this information collection to the substantial number of small entities, a collection of information that we are Desk Officer for the Department of the regulatory flexibility analysis is not submitting to the Office of Management Interior at OMB–OIRA at (202) 395– required. and Budget (OMB) for review and 6566 (fax) or This proposed rule is not a major rule approval under Sec. 3507(d) of the [email protected] (e-mail). under the SBREFA (5 U.S.C. 804(2)). Paperwork Reduction Act (PRA). We are Please provide a copy of your comments

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to Hope Grey, Information Collection energy supply, distribution, and use. editors. The Academy of Natural Clearance Officer, Fish and Wildlife E.O. 13211 requires agencies to prepare Sciences, Philadelphia, and The Service, MS 222–ARLSQ, 4401 North Statements of Energy Effects when American Ornithologists’ Union, Fairfax Drive, Arlington, VA 22203 undertaking certain actions. This rule Washington, DC. BirdLife International. 2004; IUCN Red List, (mail); (703) 358–2269 (fax); or change would not be a significant _ see http://www.birdlife.org/datazone/ hope [email protected] (e-mail). regulatory action under E.O. 12866, nor species/index.html?action The PRA provides that an agency may would it significantly affect energy =SpcHTMDetails.asp&sid=5777&m=0. not conduct or sponsor a collection of supplies, distribution, or use. This Brush, T. 2005. Nesting Birds of a Tropical information unless it displays a action would not be a significant energy Frontier, the Lower Rio Grande Valley of currently valid OMB control number. action and no Statement of Energy Texas. Texas A&M University Press, Until OMB approves this collection of Effects is required. College Station, TX. information and assigns an OMB control Greenberg, R., and S. Droege. 1999. On the number and the regulations become Compliance With Endangered Species Decline of the Rusty Blackbird and the effective, you are not required to Act Requirements Use of Ornithological Literature to respond. The OMB is required to make Document Long-Term Population Section 7 of the Endangered Species Trends. Conservation Biology 13:553– a decision concerning the collection of Act (ESA) of 1973, as amended (16 559. information of this proposed regulation U.S.C. 1531 et seq.), requires that ‘‘The Howell, S.N.G., and S. Webb. 1995. A Guide between 30 to 60 days after publication Secretary [of the Interior] shall review to the Birds of Mexico and Northern of this document in the Federal other programs administered by him Central America. Oxford University Register. Therefore, a comment to OMB and utilize such programs in Press, New York, NY. is best assured of having its full effect furtherance of the purposes of this Lockwood, M. W., and B. Freeman. 2004. The if OMB receives it by January 7, 2009. chapter’’ (16 U.S.C. 1536(a)(1)). It TOS Handbook of Texas Birds. Texas This does not affect the deadline for the further states that the Secretary must A&M University Press, College Station, public to comment on the proposed TX. ‘‘insure that any action authorized, Machtans, C.S., S.L. Van Wilgenburg, L.A. regulations. funded, or carried out * * * is not Armer, and K.A. Hobson. 2007. National Environmental Policy Act likely to jeopardize the continued Retrospective Comparison of the existence of any endangered species or Occurrence and Abundance of Rusty We have completed a Draft threatened species or result in the Blackbird in the Mackenzie Valley, Environmental Assessment (DEA) on destruction or adverse modification of Northwest Territories. Avian this proposed regulations change. The [critical] habitat’’ (16 U.S.C. 1536(a)(2)). Conservation and Ecology. 2:3. Online at: DEA is a part of the administrative We have concluded that the proposed http://www.ace-eco.org/vol2/iss1/art3/. record for this proposed rule. In regulation change would not affect National Audubon Society 2008; Audubon’s WatchList. http://web1.audubon.org/ accordance with the National listed species. Environmental Policy Act (NEPA, 42 science/species/watchlist/ U.S.C. 4332(C)) and Part 516 of the U.S. Clarity of This Regulation profile.php?speciesCode=rusbla. Niven, D.K., J.R. Sauer, G.S. Butcher, and Department of the Interior Manual (516 We are required by Executive Orders W.A. Link. 2004. Christmas bird count DM), removal of the Rusty Blackbird 12866 and 12988 and by the provides insights into population change and Tamaulipas Crow from the Presidential Memorandum of June 1, in land birds that breed in the boreal depredation order and adding 1998, to write all rules in plain forest. American Birds 58:10–20. requirements for nontoxic shot or language. This means that each rule we Oberholser, H.C. 1974. The Bird Life of bullets will not have a significant effect publish must: Texas. University of Texas Press; Austin. on the quality of the human (a) Be logically organized; Rich, T.D., C.J. Beardmore, H. Berlanga, P.J. Blancher, M.S.W. Bradstreet, G.S. environment, nor would it involve (b) Use the active voice to address unresolved conflicts concerning Butcher, D.W. Demarest, E.H. Dunn, readers directly; W.C. Hunter, E.E. In˜ igo-Elias, J.A. alternative uses of available resources. (c) Use clear language rather than Kennedy, A.M. Martell, A.O. Panjabi, Government-to-Government jargon; D.N. Pashley, K.V. Rosenberg, C.M. Relationship With Tribes (d) Be divided into short sections and Rustay, J.S. Wendt, T.C. Will. 2004. sentences; and Partners in Flight North American In accordance with the President’s (e) Use lists and tables wherever Landbird Conservation Plan. Cornell Lab memorandum of April 29, 1994, of Ornithology. Ithaca, NY. http:// possible. _ ‘‘Government-to-Government Relations If you feel that we have not met these www.partnersinflight.org/cont plan/ (VERSION: March 2005). With Native American Tribal requirements, send us comments by one Governments’’ (59 FR 22951), Executive Rocky Mountain Bird Observatory. 2005. of the methods listed in the ADDRESSES Partners In Flight Species Assessment Order 13175, and 512 DM 2, we have section. To better help us revise the evaluated potential effects on federally Database. Online at: http:// rule, your comments should be as www.rmbo.org/pif/pifdb.html. recognized Indian Tribes and have specific as possible. For example, you Sauer, J.R., J.E. Hines, and J. Fallon. 2007. determined that there are no potential should tell us the numbers of the The North American Breeding Bird effects. This proposed rule would apply sections or paragraphs that are unclearly Survey, Results and Analysis 1966–2006. to Tribes and any control actions that written, which sections or sentences are Version 10.13.2007. USGS Patuxent Tribes carry out on their lands, but it too long, the sections where you feel Wildlife Research Center, Laurel, Maryland. Available at: http://www.mbr- would not interfere with the ability of lists or tables would be useful, etc. Tribes to manage themselves or their pwrc.usgs.gov/bbs/bbs.html. funds. Literature Cited List of Subjects in 50 CFR Part 21 Energy Supply, Distribution, or Use Arvin, J., J. Arvin, C. Cottam, and G. Unland. Exports, Hunting, Imports, Reporting (Executive Order 13211) 1975. Mexican Crow Invades South and recordkeeping requirements, Texas. The Auk 92:387–390. On May 18, 2001, the President issued Avery, M.L. 1995. Rusty Blackbird (Euphagus Transportation, Wildlife. Executive Order 13211 addressing carolinus). Number 200 in The Birds of For the reasons stated in the regulations that significantly affect North America, A. Poole and F. Gill, preamble, we propose to amend part 21

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of subchapter B, chapter I, title 50 of the 92 Stat. 3112 (16 U.S.C. 712(2)); Public Law below if they are committing or about to Code of Federal Regulations, as follows: 106–108, 113 Stat. 1491, Note following 16 commit depredations on ornamental or U.S.C. 703. shade trees, agricultural crops, PART 21—MIGRATORY BIRD PERMITS 2. Revise § 21.43 as follows: livestock, or wildlife, or when 1. The authority citation for part 21 § 21.43 Depredation order for blackbirds, concentrated in such numbers and continues to read as follows: cowbirds, grackles, crows, and magpies. manner that they are a health hazard or other nuisance: Authority: Migratory Bird Treaty Act, 40 You do not need a Federal permit to Stat. 755 (16 U.S.C. 703); Public Law 95–616, control the species listed in the table

Blackbirds Cowbirds Grackles Crows Magpies

Brewer’s (Euphagus Bronzed (Molothrus Boat-tailed (Quiscalus American (Corvus Black-billed (Pica pica). cyanocephalus). aeneus). major). brachyrhynchos). Red-winged (Agelaius Brown-headed (Molothrus Common (Quiscalus Fish (Corvus ossifragus) ... Yellow-billed (Pica nuttalli). phoeniceus). ater). quiscula). Yellow-headed Shiny (Molothrus Great-tailed (Quiscalus Northwestern (Corvus (Xanthocephalus bonariensis). mexicanus). caurinus). xanthocephalus). Greater Antillean (Quiscalus niger).

(a) If you use a firearm to kill or any of its plumage, but you may of agriculture, human health and safety, migratory birds under the provisions of possess, transport, and otherwise property, or natural resources). this section, you must use nontoxic shot dispose of the bird or its plumage. (f) The Office of Management and or nontoxic bullets to do so. See (e) Any person or agency acting under Budget has approved the information § 20.21(j) of this chapter for a listing of this depredation order must provide to collection requirements associated with approved nontoxic shot types. the appropriate Regional Migratory Bird this depredation order and assigned (b) If you exercise any of the Permit Office an annual report for each OMB Control No. 1018–XXXX. We may privileges granted by this section, you species taken. You can find the not conduct or sponsor, and you are not must allow any Federal, State, tribal, or addresses for the Regional Migratory required to respond to, a collection of territorial wildlife law enforcement Bird Permit Offices in § 2.2 of information unless it displays a officer unrestricted access at all subchapter A of this chapter. You must currently valid OMB control number. reasonable times (including during submit your report by January 31st of You may send comments on the actual operations) over the premises on the following year, and you must information collection requirements to which you are conducting the control. include the following information: the Service’s Information Collection You must furnish the officer whatever (1) Your name, address, phone Clearance Officer, U.S. Fish and information he or she may require about number, and email address; Wildlife Service, MS 222–ARLSQ, 1849 your control operations. (2) The species and number of birds C Street, NW., Washington, DC 20240. (c) You may kill birds under this taken; order only in a way that complies with (3) The months in which the birds Dated: November 25, 2008. all State, tribal, or territorial laws or were taken; David M. Verhey, regulations. You must have any State, (4) The State(s) and county(ies) in Acting Assistant Secretary for Fish and tribal, or territorial permit required to which the birds were taken; and Wildlife and Parks. conduct the activity. (5) The general purpose for which the [FR Doc. E8–29017 Filed 12–5–08; 8:45 am] (d) You may not sell, or offer to sell, birds were taken (such as for protection BILLING CODE 4310–55–P any bird killed pursuant to this section,

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