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Migratory Bird Permits Federal Register / Vol. 75, No. 231 / Thursday, December 2, 2010 / Rules and Regulations 75153 * * * * * Act (MBTA) (16 U.S.C. 703 et seq.), by listing each species that may be We will publish an amendment to 39 which implements conventions with controlled under the order. CFR Part 20 to reflect these changes. Great Britain (for Canada), Mexico, IV. Comments on the Proposed Rule or Japan, and the Soviet Union (Russia). Stanley F. Mires, the Draft Environmental Assessment Part 21 of title 50 of the Code of Federal Chief Counsel, Legislative. Regulations covers migratory bird Issue: Opposition to the depredation [FR Doc. 2010–30186 Filed 12–1–10; 8:45 am] permits. Subpart D deals specifically order. BILLING CODE 7710–12–P with the control of depredating birds ‘‘WS [U.S.D.A. Wildlife Services] is and presently includes eight notorious for indiscriminate regimes depredation orders. A depredation order that have resulted in the mortality of DEPARTMENT OF THE INTERIOR is a regulation that allows the take of uncountable millions of birds * * * and specific species of migratory birds, at will continue to pose a real risk to the Fish and Wildlife Service specific locations, and for specific rusty blackbird and Tamaulipas crow purposes without a depredation permit. despite the proposed rule change. We 50 CFR Part 21 The depredation order at 50 CFR 21.43 therefore request that 50 CFR § 21.43 not [FWS–R9–MB–2008–0064; 91200–1231– for blackbirds, cowbirds, grackles, only be narrowed in scope, but 9BPP] crows, and magpies allows take when withdrawn completely.’’ individuals of an included species are ‘‘ RIN 1018–AV66 Currently, 50 CFR § 21.43 allows for ‘‘found committing or about to commit such a broad exemption from the Migratory Bird Permits; Removal of depredations upon ornamental or shade normal MBTA permitting process that Rusty Blackbird and Tamaulipas trees, agricultural crops, livestock, or some migratory birds are afforded (Mexican) Crow From the Depredation wildlife, or when concentrated in such virtually no protections—especially Order for Blackbirds, Cowbirds, numbers and manner as to constitute a given the enormous amount of land ’’ Grackles, Crows, and Magpies, and health hazard or other nuisance. conversion to agriculture and other Other Changes to the Order II. Species We Are Removing From the uses.’’ Depredation Order Response: Blackbird depredation on AGENCY: Fish and Wildlife Service, crops has been clearly demonstrated. We remove the Rusty Blackbird Interior. We will consider the effects of the (Euphagus carolinus) and the Mexican ACTION: Final rule. depredation order as we obtain (Tamaulipas) Crow (Corvus imparatus) information on reported take of birds from the list of species that may be SUMMARY: We, the U.S. Fish and under its authority. We may make controlled under the depredation order Wildlife Service, change the regulations changes in the depredation order if we at 50 CFR 21.43. We remove the Rusty governing control of depredating determine that it is advisable to do so. blackbirds, cowbirds, grackles, crows, Blackbird because of the long-term downward trend in its population and However, we leave the order in place. and magpies at 50 CFR 21.43. Because Issue: Nontoxic ammunition of long-term evidence of population its special conservation status. Because of the very limited distribution of the requirement. declines throughout much of their ‘‘We are also convinced that FWS ranges, we remove the Rusty Blackbird Tamaulipas Crow in the United States and its apparent rapid decline in should finalize its proposal to end the (Euphagus carolinus) and the Mexican use of toxic shot for killing blackbirds, (Tamaulipas) Crow (Corvus imparatus) numbers, we also remove this species from the list of species that may be crows, and grackles, and thus also from the list of species that may be commend that portion of the proposed controlled under the depredation order. controlled under the depredation order. After the effective date of this final change to 50 CFR § 21.43 concerning With the effective date of this final rule, this point. Lead shot can have a depredation permit is required to rule (see DATES), any take of either of these species will require a depredation detrimental effects on scavengers and conduct control actions to take either of the environment.’’ these species. Also, nontoxic shot or permit (50 CFR 21.41) or other applicable MBTA permit. For ‘‘I am writing to express my support bullets must be used in most cases when for * * * the requirement to use a firearm is used to control any species background and current information on these two species, see our proposed rule nontoxic shot or bullets when a firearm listed under the order. Finally, we add is used to control any species listed a requirement to report on control published December 8, 2008 (73 FR 74447). under the order.’’ actions taken under the order. ‘‘WS recommends eliminating the DATES: This regulation will be effective III. Additional Regulatory Changes non-toxic requirement for all on January 3, 2011. We also require the use of nontoxic ammunition in all situations involving FOR FURTHER INFORMATION CONTACT: Dr. ammunition for all take of migratory blackbirds unless: (1) Further analysis George T. Allen, Division of Migratory birds under this depredation order to by the FWS provides definitive Bird Management, U.S. Fish and prevent toxicity hazards to other evidence that lead ammunition has Wildlife Service, Division of Migratory wildlife. Further, we require reporting impacted rusty blackbird populations Bird Management, 4401 North Fairfax of control actions taken under the order and (2) evidence is provided that lead Drive, Mail Stop 4107, Arlington, VA to give us data on the number of each ammunition used under the authority of 22203–1610, Phone: (703) 358–1825. species taken each year to better the blackbird depredation order has SUPPLEMENTARY INFORMATION: monitor the effects of such take on impacted other wildlife species.’’ (USDA populations of those species. We expect Wildlife Services) I. Background the respondents to be mostly State and ‘‘Supporting documentation and The U.S. Fish and Wildlife Service is Federal wildlife damage management analysis is needed for all claims of lead the Federal agency delegated the personnel who undertake blackbird toxicosis in songbirds. The use of primary responsibility for managing control to protect crops. We also make unsupported claims of lead toxicosis in migratory birds. This delegation is the list of species to which the songbirds should be discarded since authorized by the Migratory Bird Treaty depredation order applies more precise there is not any information from VerDate Mar<15>2010 16:24 Dec 01, 2010 Jkt 223001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\02DER1.SGM 02DER1 WReier-Aviles on DSKGBLS3C1PROD with RULES 75154 Federal Register / Vol. 75, No. 231 / Thursday, December 2, 2010 / Rules and Regulations necropsies supporting these statements.’’ when conducting blackbird control present in a roost before conducting (USDA Wildlife Services) work. Currently, nontoxic shot is control actions. If Wildlife Services or a ‘‘The requirement to use non-toxic difficult to obtain to nonexistent for air- State agency determine that rusty shot to take crows for depredation rifles or .22 caliber rim fire rifles. Both blackbirds are present, the relevant management is inconsistent with may be valuable tools in certain agency would need to obtain a hunting regulations that allow the use of settings.’’ (Mississippi Flyway Council) depredation permit from FWS before lead shot to hunt crows. This would Response: We acknowledge the conducting any control actions on that represent an unequal application of the concerns over availability of lead roost. Migratory Bird Treaty Act. More lead projectiles for air-rifles and 22 caliber Issue: ‘‘WS recommends the FWS shot will likely be used to take crows rimfire rifles. We added an exemption develop a standardized method to while hunting than non-toxic shot to for their use to this rule. estimate the species composition of take crows for depredation purposes.’’ Issue: ‘‘At the very least, FWS must large mixed blackbird flocks to enhance (Wildlife Services) require that agricultural interests and the reliability of the data collected and Response: ‘‘Lead has been known WS always employ non-lethal methods analyzed. Many times light conditions for centuries to be a broad-spectrum before releasing indiscriminate toxicants in the field are very poor thereby toxicant to humans and wildlife’’ (The for birds.’’ increasing the difficulty of species Wildlife Society Position Statement on Response: We added this requirement identification. Additionally, most lead in ammunition and fishing tackle: to the depredation order. citizens will be unaware of the reporting http://joomla.wildlife.org/documents/ Issue: Reporting on take under the requirements and are unable to positionstatements/ depredation order. distinguish fish crows from American Lead_final_2009.pdf). Schulz et al. ‘‘WS recommends the FWS continue crows, common grackles from boat- (2009) reported that ‘‘Substantial to use the existing reporting tailed grackles, etc., and this will result information exists demonstrating the requirement already established to the in inaccurate data being reported to the effects of lead poisoning on mourning greatest extent possible, and that no FWS.’’ (Wildlife Services) doves.’’ Poisoning of many other species additional requirements be enacted.’’ Response: Though we recognize that of birds by lead shot has been well (Wildlife Services) there may be difficulties in documented. We reasonably infer based ‘‘We have concerns about the distinguishing species of blackbirds, on this information that lead is toxic to paperwork requirements of this DEA. grackles, and crows, we assume that any rusty blackbirds and other bird species, We question if non-biologists will person or agency undertaking control which provides sufficient justification collect this data. As stated before, under this depredation order will to ban the use of lead shot in bird Wildlife Services does the vast majority carefully identify the species involved.
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