Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / Rules and Regulations 28769 U.S.C. 532. For purposes of 47 U.S.C. through alternate means if they do not documented resident Canada goose 532(b)(1)(A) and (B), only those have their own websites, a contact name population levels ‘‘that are increasingly channels that must be carried pursuant or title, telephone number, and email coming into conflict with people and to 47 U.S.C. 534 and 535 qualify as address for the person responsible for causing personal and public property channels that are required for use by responding to requests for information damage.’’ Subsequently, the Service Federal law or regulation. For cable about leased access channels. implemented several actions intended systems with 100 or fewer channels, (i) Cable operators are permitted to to reduce, manage, and control resident channels that cannot be used due to negotiate rates below the maximum Canada goose populations in the technical and safety regulations of the rates permitted in paragraphs (c) continental United States and to reduce Federal Government (e.g., aeronautical through (g) of this section. related damages; those actions included channels) shall be excluded when depredation and control orders that calculating the set-aside requirement. § 76.971 [Amended] allow destruction of Canada goose nests * * * * * ■ 3. Amend § 76.971, by removing and eggs by authorized personnel (h)(1) Cable system operators shall paragraph (a)(4). between March 1 and June 30. However, provide prospective leased access ■ 4. Amend § 76.975 by revising some resident Canada geese currently programmers with the following paragraph (e) and adding paragraph (i) initiate nests in February, particularly in information within 30 calendar days of to read as follows: the southern United States, and it seems the date on which a bona fide request likely that in the future nest initiation § 76.975 Commercial leased access dates will begin earlier and hatching of for leased access information is made, dispute resolution. provided that the programmer has eggs will perhaps end later than dates remitted any application fee that the * * * * * currently experienced. This final rule cable system operator requires up to a (e) The cable operator or other amends the depredation and control maximum of $100 per system-specific respondent will have 30 days from orders to allow destruction of resident bona fide request: service of the petition to file an answer. Canada goose nests and eggs at any time (i) How much of the operator’s leased If a leased access rate is disputed, the of year. access set-aside capacity is available; answer must show that the rate charged DATES: This rule is effective July 22, (ii) A complete schedule of the is not higher than the maximum 2019. permitted rate for such leased access, operator’s full-time leased access rates; ADDRESSES: Comments we received on (iii) Rates associated with technical and must be supported by the affidavit the proposed rule, as well as the and studio costs; and of a responsible company official. If, proposed rule itself, the related (iv) If specifically requested, a sample after an answer is submitted, the staff environmental assessment, and this leased access contract. finds a prima facie violation of our final rule, are available at http:// (2) Operators of systems subject to rules, the staff may require a respondent www.regulations.gov in Docket No. small system relief shall provide the to produce additional information, or FWS–HQ–MB–2018–0012. specify other procedures necessary for information required in paragraph (h)(1) FOR FURTHER INFORMATION CONTACT: Paul resolution of the proceeding. Replies to of this section within 45 calendar days I. Padding, Atlantic Flyway answers must be filed within fifteen (15) of a bona fide request from a prospective Representative, Division of Migratory days after submission of the answer. leased access programmer. For these Bird Management, U.S. Fish and purposes, systems subject to small * * * * * Wildlife Service, 11510 American Holly system relief are systems that either: (i) Section 76.7 applies to petitions for Drive, Laurel, MD 20708; (301) 497– (i) Qualify as small systems under relief filed under this section, except as 5851; [email protected]. otherwise provided in this section. § 76.901(c) and are owned by a small SUPPLEMENTARY INFORMATION: cable company as defined under [FR Doc. 2019–13134 Filed 6–19–19; 8:45 am] § 76.901(e); or BILLING CODE 6712–01–P Authority and Responsibility (ii) Have been granted special relief. Migratory birds are protected under (3) Bona fide requests, as used in this four bilateral migratory bird treaties the section, are defined as requests from DEPARTMENT OF THE INTERIOR United States entered into with Great potential leased access programmers Britain (for Canada in 1916, as amended that have provided the following Fish and Wildlife Service in 1999), the United Mexican States information: (1936, as amended in 1972 and 1999), (i) The desired length of a contract 50 CFR Parts 20 and 21 Japan (1972, as amended in 1974), and term; [Docket No. FWS–HQ–MB–2018–0012; the Soviet Union (1978). Regulations (ii) The anticipated commencement FF09M21200–178–FXMB1232099BPP0L2] allowing the take of migratory birds are date for carriage; and authorized by the Migratory Bird Treaty (iii) The nature of the programming, RIN 1018–BC72 Act (Act; 16 U.S.C. 703–712), which (4) All requests for leased access must implements the above-mentioned Migratory Bird Permits; Regulations be made in writing and must specify the treaties. The Act provides that, subject for Managing Resident Canada Goose date on which the request was sent to to and to carry out the purposes of the Populations the operator. treaties, the Secretary of the Interior is (5) Operators shall maintain, for AGENCY: Fish and Wildlife Service, authorized and directed to determine Commission inspection, sufficient Interior. when, to what extent, and by what supporting documentation to justify the ACTION: Final rule. means allowing hunting, killing, and scheduled rates, including supporting other forms of taking of migratory birds, contracts, calculations of the implicit SUMMARY: In 2005, the U.S. Fish and their nests, and eggs is compatible with fees, and justifications for all Wildlife Service (Service or ‘‘we’’) the conventions. The Act requires the adjustments. published a final environmental impact Secretary to implement a determination (6) Cable system operators shall statement on management of resident by adopting regulations permitting and disclose on their own websites, or Canada geese (Branta canadensis) that governing those activities. VerDate Sep<11>2014 16:16 Jun 19, 2019 Jkt 247001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 jbell on DSK3GLQ082PROD with RULES 28770 Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / Rules and Regulations Canada geese are federally protected Background within lower 48 States and the District by the Act because they are listed as of Columbia are resident Canada geese. migratory birds in all four treaties. In November 2005, the Service Removal of Date Restrictions on Nest Because Canada geese are covered by all published a final environmental impact and Egg Destruction four treaties, regulations must meet the statement (FEIS) on management of requirements of the most restrictive of resident Canada geese that documented In title 50 of the CFR, destruction of the four. For Canada geese, this is the resident Canada goose population levels resident Canada goose nests and eggs is treaty with Canada. All regulations ‘‘that are increasingly coming into currently authorized under special concerning resident Canada geese are conflict with people and causing Canada goose permits (§ 21.26), a compatible with its terms, with personal and public property damage’’ control order for airports and military particular reference to Articles II, V, and (see the FEIS’ notice of availability at 70 airfields (§ 21.49), a depredation order VII. FR 69985; November 18, 2005). specific to nests and eggs (§ 21.50), a Each treaty not only permits sport On August 10, 2006, we published in depredation order for agricultural hunting, but permits the take of the Federal Register (71 FR 45964) a facilities (§ 21.51), and a public health migratory birds for other reasons, final rule establishing regulations at 50 control order (§ 21.52). Each of these including scientific, educational, CFR parts 20 and 21 authorizing State regulations prescribes the dates during propagative, or other specific purposes wildlife agencies, private landowners, which nests and eggs of resident Canada consistent with the conservation and airports to conduct (or allow) goose may be destroyed. This rule principles of the various Conventions. indirect and/or direct population removes those date restrictions and More specifically, Article VII, Article II control management activities to reduce, allows destruction of Canada goose (paragraph 3), and Article V of ‘‘The manage, and control resident Canada nests and eggs, as otherwise authorized Protocol Between the Government of the goose populations in the continental under these regulations, at any time of United States of America and the United States and to reduce related year. Government of Canada Amending the damages. Those activities include This adjustment is based on several 1916 Convention between the United depredation and control orders that factors. First, nest and egg destruction Kingdom and the United States of allow destruction of resident Canada has been an effective tool in reducing America for the Protection of Migratory goose nests and eggs by authorized local conflicts and damages caused by Birds in Canada and the United States’’ personnel between March 1 and June resident Canada geese. Second, resident provides specific limitations on 30, because that timeframe Canada geese are identified as such allowing the take of migratory birds for encompassed the period when resident based on where, not when, they nest.