To address these cormorant-associated conflicts, the Service promulgated a regulation in 2021 that established a new special double-crested cormorant permit available to states and tribes in the contiguous United States (CFR §21.123). The regulation took effect on February 12, 2021 and allows the take of up to 121,504 cormorants annually for certain purposes. This regulation was developed primarily to provide maximum flexibility to states and tribes that need to manage conflicts associated with cormorants. To meet obligations under the MBTA, all Service actions must be compatible with the conservation of migratory species. Therefore, to allow this level of take, the Service must ensure the cormorant population data are sufficient to assess the cormorant populations in the future.
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