[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5579]
[[Page Unknown]]
[Federal Register: March 10, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
RIN 1018 AB45
Migratory Bird Permits; Determination That Kansas, New Hampshire,
and Rhode Island Meet Federal Falconry Standards
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Service adds Kansas, New Hampshire, and Rhode Island to
the list of States whose falconry laws have been determined by the
Director to meet or exceed minimum standards. As a result, Kansas, New
Hampshire and Rhode Island are participants in the cooperative Federal-
State permit application program and falconry may be practiced by those
States. Also, the asterisk preceding Missouri in 50 CFR 21.29(k) is
removed as there is no longer a cooperative Federal-State permit
application program in Missouri.
DATES: This rule is effective on March 10, 1994.
ADDRESSES: Comments and material concerning this rule should be sent to
the Director, U.S. Fish and Wildlife Service, P.O. Box 3247, Arlington,
Virginia 22203-3247. Comments and materials may be hand-delivered to
the U.S. Fish and Wildlife Service, Division of Law Enforcement, 4401
N. Fairfax Drive, room 500, Arlington, Virginia, between the hours of 8
a.m. and 4 p.m., Monday though Friday.
FOR FURTHER INFORMATION CONTACT:
Frank S. Shoemaker, Special Agent in Charge, Investigations, Division
of Law Enforcement, Fish and Wildlife Service, U.S. Department of the
Interior, Washington, DC 20240, Telephone Number (703) 358-1949.
SUPPLEMENTARY INFORMATION:
Background
Regulations in 50 CFR Part 21 provide for review and approval of
State falconry laws by the Service. A list of States whose falconry
laws have been approved by the Service is found in 50 CFR 21.29(k).
Falconry is permitted in the those States. As provided by 50 CFR
21.29(c), the Director has reviewed certified copies of the falconry
regulations adopted by the States of New Hampshire (New Hampshire Fish
and Game Laws Chapter 209-A, effective January 1, 1988). Rhode Island
(Chapter 20-17, General Laws of Rhode Island incorporating 50 CFR 21.27
through 21.30, effective December 15, 1992), and Kansas (K.A.R. 23-21-1
through 23-21-14, effective May 1, 1988). These regulations meet or
exceed the minimum restrictions, conditions and requirements contained
in 50 21.29(d) through (i) prescribed for permit requirements, classes
of permits, examination procedures, facilities and equipment standards,
raptor marking, and raptor taking restrictions. The Kansas, New
Hampshire and Rhode Island regulations also meet or exceed all
restrictions or conditions found in 50 CFR 21.29(j). Based on the
review, the Director has determined that the falconry regulations of
the States of Kansas, New Hampshire and Rhode Island meet or exceed the
Federal standards.
On March 11, 1992, the Missouri Department of Conservation notified
the Service that the cooperative Federal-State permit application
program was no longer in effect. Effective March 10, 1994, the practice
of falconry in Kansas, New Hampshire, and Rhode Island will be governed
by provisions found in 50 CFR 21.28 and 21.29 and the asterisk
following Missouri in 50 CFR 21.29(k) will be removed thereby removing
Missouri from the cooperative Federal-State permit application program.
The notice requirements of 5 U.S.C. Sec. 553(b) are not applicable
because public comments were solicited by the Service in a proposed
rule for falconry permit regulations published in the Federal Register
on December 20, 1987, (52 CFR 48948) and on September 14, 1989, (54 FR
38142) the final rule was published in the Federal Register. Also, the
Kansas, New Hampshire, and Rhode Island regulatory programs allowed for
reasonable public input. On November 17, 1987, the Kansas Department of
Wildlife and Parks Commission held public hearings that were attended
by falconers and concerned wildlife conservation organizations. Similar
provisions for public hearing or comments were provided in New
Hampshire on December 24, 1987, and November 20, 1992, and in Rhode
Island on August 27, 1992. The Proposed Rule, Migratory Bird Permits;
Determination That Kansas Meets Federal Falconry Standards, was
published in the Federal Register on November 14, 1990, (55 FR 47498).
Public comments were solicited at that time and none were received. As
the rules relating too New Hampshire and Rhode Island are similar to
those enacted by Kansas; and because of similar public hearings held in
the respective states, as well as no comments having been received
regarding the Kansas falconry rules, the falconry regulations adopted
by New Hampshire and Rhode Island are also being added to this final
rule.
This rule relieves a restriction prohibiting Kansas, New Hampshire
and Rhode Island from the practice of falconry; therefore, it is
effective upon publication in accordance with 5 U.S.C. 553(d)(1).
Need for Rulemaking
The need for changes to Title 50 CFR Part 21, has arisen from the
expressed needs of those States (Kansas, New Hampshire, and Rhode
Island) that have instituted falconry programs for the benefit of
citizens interested in the sport of falconry and have constructed
regulations that meet or exceed Federal requirements protecting
migratory birds. Missouri has determined that its needs are best met by
no longer participating in a cooperative Federal-State permit
application program. However, Missouri remains a State in which
falconry is practiced. The changes to 50 CFR 21.29 regulations are
necessary to accommodate the needs of the States affected and those who
wish to practice falconry in these States.
Required Determinations
This rule was not subject to the Office of Management and Budget
review under Executive Order 12866. The Department of Interior has
determined that this final rule will not have a significant effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et. seq.). It has no potential takings implications
for private property as defined in Executive Order 12630. The only
effect of this rule will be to allow falconers in the States of Kansas,
New Hampshire, and Rhode Island to apply for falconry permits. It is
estimated that approximately 25 people or less would apply for falconry
permits in each of these States. The removal of Missouri from the
cooperative Federal-State permit application program does not affect
the ability of individuals to either apply for or receive falconry
permits in Missouri. Missouri Falconry regulations meet or exceed
Federal falconry standards. Permits for falconry in Missouri will be
issued separately by Federal and State authorities. This rule does not
contain any information collection requirements that require approval
by the Office of Management and Budget under the Paperwork Reduction
Act, 44 U.S.C. 3501 et. seq. These final changes in the regulations in
50 CFR part 21 are regulatory and enforcement actions that are covered
by a categorical exclusion from National Environmental Policy Act
procedures under 516 of the Department Manual.
Author
The primary author of this final rule is Marcia Cronan, Senior
Special Agent, Division of Law Enforcement, U.S. Fish and Wildlife,
Service, Washington, DC 20240.
List of Subjects in 50 CFR Part 21
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation and Wildlife.
Regulation Promulgation
For the reasons set out in the preamble, part 21, subchapter B,
chapter I of title 50, Code of Federal Regulations, is amended as
follows:
PART 21--MIGRATORY BIRD PERMITS
1. The authority citation for Part 21 continues to read as follows:
Authority: Pub. L. 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)).
Sec. 21.29 [Amended]
2. Amend Sec. 21.29(k) by adding to the list of States in
alphabetical order the names ``Kansas'' preceded by an asterisk, ``New
Hampshire'' preceded by an asterisk, ``Rhode Island'' preceded by an
asterisk and removing the asterisk preceding ``Missouri.''
Dated: February 28, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-5579 Filed 3-9-94; 8:45 am]
BILLING CODE 4310-55-M
