[Federal Register: August 22, 2008 (Volume 73, Number 164)]
[Proposed Rules]
[Page 49626-49631]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au08-18]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
[FWS-R9-MB-2007-0017; 91200-1231-9BPP]
RIN 1018-AV34
Migratory Bird Permits; Control of Muscovy Ducks, Revisions to
the Waterfowl Permit Exceptions and Waterfowl Sale and Disposal Permits
Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, propose changes in the
regulations governing control of introduced migratory birds. The
muscovy duck (Cairina moschata) occurs naturally only in southern
Texas. It has been introduced in other locations, where it is
considered an invasive species that sometimes creates problems through
competition with native species, damage to property, and transmission
of disease. We propose to revise 50 CFR part 21 to prohibit sale of
muscovy ducks for hunting, and to allow their removal in locations in
which the species does not occur naturally in the contiguous United
States, Alaska, and Hawaii, and in U.S. territories and possessions.
This will require a revision of Sec. 21.14 (permit exceptions for
captive-bred migratory waterfowl other than mallard ducks) and a
revision of Sec. 21.25 (waterfowl sale and disposal permits), and the
addition of Sec. 21.54, an order to allow control of muscovy ducks,
their nests, and eggs. We also have rewritten the affected regulations
to make them easier to understand.
[[Page 49627]]
DATES: Send comments on this proposal by October 21, 2008.
ADDRESSES: You may submit comments, identified as comments on RIN 1018-
AV34, by either of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. Mail or hand delivery: Public Comments Processing,
Attention RIN 1018-AV34; Division of Policy and Directives Management;
U.S. Fish and Wildlife Service; 4401 North Fairfax Drive, Suite 222;
Arlington, VA 22203-1610.
We will not accept e-mail or faxes. We will post all comments on
http://www.regulations.gov. This generally means that we will post any
personal information that you provide. See the Public Comments section
below for more information.
FOR FURTHER INFORMATION CONTACT: Dr. George T. Allen, Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, 703-358-
1825.
SUPPLEMENTARY INFORMATION:
Background
The Fish and Wildlife Service is the Federal agency delegated the
primary responsibility for managing migratory birds. The delegation is
authorized by the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703 et
seq.), which implements conventions with Great Britain (for Canada),
Mexico, Japan, and the Soviet Union (Russia).
We implement the MBTA through Federal regulations found in title 50
of the Code of Federal Regulations (CFR). In 50 CFR 10.13, we list all
species of migratory birds protected by the MBTA that are subject to
the regulations protecting migratory birds in title 50, subchapter B
(Taking, Possession, Transportation, Sale, Purchase, Barter,
Exportation, and Importation of Wildlife and Plants). In 50 CFR part 13
(General Permit Procedures) and part 21 (Migratory Bird Permits),
regulations allow us to issue permits for certain activities otherwise
prohibited in regard to migratory birds. In part 21, we issue permits
for the taking, possession, transportation, sale, purchase, barter,
importation, exportation, and banding and marking of migratory birds.
In that part, we also provide certain exceptions to permit requirements
for public, scientific, or educational institutions and establish
depredation and control orders that provide limited exceptions to the
MBTA.
Muscovy Duck
The muscovy is a large duck native to South America, Central
America, and Mexico. Due to a recent northward expansion of the range
of the species, there is a small natural population in four counties in
southern Texas in which natural breeding has been confirmed. For that
reason, we included this species in the proposed rule to revise the
list of migratory birds found in 50 CFR 10.13 (71 FR 50193, Aug. 24,
2006; 71 FR 75188, Dec. 14, 2006). We anticipate adding the species to
the list when we finalize the regulation. However, we will not make a
final decision on the Sec. 10.13 list before we make a final decision
on this muscovy duck proposed rule.
The muscovy duck normally inhabits forested swamps and mangrove
ponds, lakes and streams, and freshwater ponds near wooded areas. The
species often roosts in trees at night. The hen usually lays her eggs
in a tree hole or hollow. However, muscovy ducks will occasionally nest
in abandoned nests of large birds such as ospreys or eagles, between
palm tree fronds, and in wooden boxes or other man-made elevated
cavities. The species does not form stable pairs.
Muscovy ducks can breed near urban and suburban lakes and on farms,
nesting in tree cavities or on the ground, under shrubs in yards, on
condominium balconies, or under roof overhangs. Feral populations,
particularly in Florida, are said to present problems. Feral muscovy
ducks are wary and associate little with other species.
Muscovy ducks feed on the roots, stems, leaves, and seeds of
aquatic and terrestrial plants, including agricultural crops. They also
eat small fishes, reptiles, crustaceans, insects, millipedes, and
termites.
Muscovy ducks live alone or in groups of 4 to 12, rarely in large
flocks. They are mainly active in the morning and afternoon, feeding on
the shores of brackish waters, or in the flood savannah and underbrush.
They often sleep at night in permanent roosts in trees along the river
bank. Heavy and low-flying, they are silent and timid. Muscovy ducks
swim much less than other ducks, and the males fly poorly.
We received comments from States and individuals expressing concern
over control of muscovy ducks in response to the 2006 proposal to add
the species to the list of those protected under the MBTA (50 CFR
10.13). In general, States expressed concern over feral and free-
ranging populations of muscovy ducks present as the result of human
activity. For example, one State was concerned that protecting the
species under the MBTA ``would severely impede our efforts to manage
the feral and free-ranging populations of domestic muscovy ducks.''
Individuals expressed concern over property damage and aggressiveness
demonstrated by the ducks. The muscovy duck is an introduced species in
many locations in the United States. We believe it is prudent to
prohibit activities that would allow release of muscovy ducks in areas
in which they are not native and may compete with native species.
We expect control of muscovy ducks to be undertaken primarily
through the use of walk-in baited traps and through shooting. The use
of baited traps will greatly limit the potential impacts to other
species, especially passerines, which would be unlikely to enter
properly placed traps. Shooting undertaken by State agency or U.S.
Department of Agriculture Wildlife Services personnel would be very
unlikely to harm other species.
We propose to revise 50 CFR 21.14 to prohibit sale and, in most
cases, possession, of muscovy ducks; to revise Sec. 21.25 to prohibit
sale or transfer of captive-bred muscovy ducks for hunting; and to add
Sec. 21.54 to allow removal of introduced muscovy ducks from any
location in the contiguous United States outside Cameron, Hidalgo,
Starr, and Zapata Counties in Texas, and in Alaska, Hawaii, and U.S.
territories and possessions. This removal is in keeping with the
Service's other actions to reduce the spread of introduced species that
compete with native species or harm habitats that they use. It also is
in keeping with the intent of the Migratory Bird Treaty Reform Act of
2004 (16 U.S.C. 703(b)).
Public Participation
We seek comments on any aspect of this proposed rule. You may
submit your comments by either of the methods listed in the ADDRESSES
section. We will not accept comments sent by email or by fax, or to an
address not listed in the ADDRESSES section. We will not accept
anonymous comments; your comment must include your first and last
names, city, state, country, and postal (zip) code. Finally, we will
not consider hand-delivered comments that we do not receive, or mailed
comments that are not postmarked, by the date specified in the DATES
section.
We will post your entire comment--including your personal
identifying information--on http://www.regulations.gov. If you provide
personal identifying information in addition to the required items
specified in the previous paragraph, such as your street address, phone
number, or e-mail address, you may request at the top of your document
that we withhold this information from public view. However,
[[Page 49628]]
we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting documents,
will be available for public inspection, by appointment, during normal
business hours, at the U.S. Fish and Wildlife Service, Division of
Migratory Bird Management, 4401 North Fairfax Drive, Mail Stop 4107,
Arlington, VA 22203-1610.
When submitting written comments, please include your name and
return address in your letter and identify it as comments on proposed
rule RIN 1018-AV34. To facilitate compiling the administrative record
for this action, you must submit written comments on 8\1/2\-inch by 11-
inch paper.
Required Determinations
Clarity of This Regulation
Executive Order (E.O.) 12866 requires each agency to write
regulations that are easy to understand. We invite your comments on how
to make this proposed rule easier to understand, including answers to
questions such as the following: (1) Are the requirements in the rule
clearly stated? (2) Does the rule contain technical language or jargon
that interferes with its clarity? (3) Does the format of the rule
(grouping and order of sections, use of headings, paragraphing, etc.)
aid or reduce its clarity? (4) Would the rule be easier to understand
if it were divided into more (but shorter) sections? (A ``section''
appears in bold type and is preceded by the symbol Sec. and a numbered
heading; for example: ``Sec. 21.54 Control order for muscovy ducks in
the United States.'') (5) Does the description of the rule in the
``Supplementary Information'' section of the preamble help you to
understand the proposed rule? What else could we do to make the rule
easier to understand?
Send a copy of any comments that concern how we could make this
proposed rule easier to understand to: Office of Regulatory Affairs,
Department of the Interior, Room 7229, 1849 C Street, NW., Washington,
DC 20240. You also may e-mail comments to Exsec@ios.doi.gov.
Regulatory Planning and Review (Executive Order 12866)
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule under Executive
Order 12866. OMB bases its determination upon the following four
criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government,
(b) Whether the rule will create inconsistencies with other Federal
agencies' actions,
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients, and
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 (Pub. L. 104-121)), whenever an agency is required to
publish a notice of rulemaking for any proposed or final rule, it must
prepare and make available for public comment a regulatory flexibility
analysis that describes the effect of the rule on small entities (i.e.,
small businesses, small organizations, and small government
jurisdictions). However, no regulatory flexibility analysis is required
if the head of an agency certifies the rule would not have a
significant economic impact on a substantial number of small entities.
SBREFA amended the Regulatory Flexibility Act to require Federal
agencies to provide the statement of the factual basis for certifying
that a rule would not have a significant economic impact on a
substantial number of small entities. We have examined this proposed
rule's potential effects on small entities as required by the
Regulatory Flexibility Act, and have determined that this action would
not have a significant economic impact on a substantial number of small
entities, because the changes we are proposing are intended primarily
to reduce the spread of an invasive species little used in commercial
endeavors.
There would very minimal costs, if any, associated with this
regulations change. Consequently, we certify that because this proposed
rule would not have a significant economic effect on a substantial
number of small entities, a regulatory flexibility analysis is not
required.
This proposed rule is not a major rule under SBREFA (5 U.S.C.
804(2)). It would not have a significant impact on a substantial number
of small entities.
a. This proposed rule would not have an annual effect on the
economy of $100 million or more.
b. This proposed rule would not cause a major increase in costs or
prices for consumers; individual industries; Federal, State, or local
government agencies; or geographic regions.
c. This proposed rule would not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we have determined the following:
a. This proposed rule would not ``significantly or uniquely''
affect small governments. A small government agency plan is not
required. Actions under the proposed regulation would not affect small
government activities in any significant way.
b. This proposed rule would not produce a Federal mandate of $100
million or greater in any year; i.e., it is not a ``significant
regulatory action'' under the Unfunded Mandates Reform Act.
Takings
In accordance with E.O. 12630, the rule would not have significant
takings implications. This proposed rule would not contain a provision
for taking of private property. Therefore, a takings implication
assessment is not required.
Federalism
This proposed rule would not have sufficient Federalism effects to
warrant preparation of a Federalism assessment under E.O. 13132. It
would not interfere with the States' ability to manage themselves or
their funds. No significant economic impacts are expected to result
from control of muscovy ducks.
Civil Justice Reform
In accordance with E.O. 12988, the Office of the Solicitor has
determined that the rule would not unduly burden the judicial system
and meets the requirements of sections 3(a) and 3(b)(2) of the Order.
Paperwork Reduction Act
We examined these regulations under the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). There are no new information collection
requirements associated with this regulations change.
National Environmental Policy Act
We have analyzed this proposed rule in accordance with the National
Environmental Policy Act (NEPA), 42 U.S.C. 432-437(f), and part 516 of
the U.S. Department of the Interior Manual (516 DM). The change we
propose is to allow people and agencies to remove the muscovy duck
species from locations in
[[Page 49629]]
the United States and United States territories in which the species
may have been introduced. We completed an Environmental Action
Statement in which we concluded that the proposed regulations change
allowing the removal of an introduced species requires no additional
assessment of potential environmental impacts.
Environmental Consequences of the Proposed Action
The primary change we propose is to prohibit release of the muscovy
duck in locations in which it does not occur naturally. It has been
introduced in other locations, where it is an invasive species that
sometimes creates problems through competition with native species,
damage to property, and transmission of disease. We propose to amend 50
CFR part 21 to prohibit sale of muscovy ducks for hunting, and to allow
their removal in locations in which the species does not occur
naturally in the contiguous United States, Alaska, and Hawaii, and in
U.S. territories and possessions. This would require revisions to Sec.
21.14 (permit exceptions for captive-bred migratory waterfowl other
than mallard ducks) and Sec. 21.25 (waterfowl sale and disposal
permits), and addition of Sec. 21.54, an order to allow control of
muscovy ducks, their nests, and eggs. The first two regulations are to
prevent introduction of the species, and have no environmental impact.
Because the muscovy duck occurs only in small numbers at scattered
locations outside its natural range in southern Texas, the impacts of
control of the species under a new regulation at Sec. 21.54 are
minimal.
Socioeconomic. This proposed rule would not have discernible
socioeconomic impacts.
Migratory bird populations. This proposed rule would not affect
migratory bird populations.
Endangered and threatened species. The proposed regulation is for
migratory bird species that are not threatened or endangered. It would
not affect threatened or endangered species or critical habitats.
Section 7 of the Endangered Species Act (ESA) of 1973, as amended
(16 U.S.C. 1531 et seq.), requires that ``The Secretary [of the
Interior] shall review other programs administered by him and utilize
such programs in furtherance of the purposes of this chapter'' (16
U.S.C. 1536(a)(1)). It further states that the Secretary must ``insure
that any action authorized, funded, or carried out * * * is not likely
to jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification
of [critical] habitat'' (16 U.S.C. 1536(a)(2)). We have concluded that
the proposed regulations change would not affect listed species, and
the Division of Migratory Bird Management has conducted an Endangered
Species consultation on this proposed rule to confirm this conclusion.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American tribal
Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2, we have
evaluated potential effects on Federally recognized Indian Tribes and
have determined that there are no potential effects. This proposed rule
would not interfere with the Tribes' ability to manage themselves or
their funds or to regulate migratory bird activities on tribal lands.
Energy Supply, Distribution, or Use (E.O. 13211)
On May 18, 2001, the President issued E.O. 13211 addressing
regulations that significantly affect energy supply, distribution, and
use. E.O. 13211 requires agencies to prepare Statements of Energy
Effects when undertaking certain actions. Because this proposed rule
would affect only import and export of birds in limited circumstances,
it is not a significant regulatory action under E.O. 12866, and would
not significantly affect energy supplies, distribution, or use.
Therefore, this action is not a significant energy action and no
Statement of Energy Effects is required.
List of Subjects in 50 CFR Part 21
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
For the reasons stated in the preamble, we propose to amend part 21
of subchapter B, chapter I, title 50 of the Code of Federal
Regulations, as follows:
PART 21--MIGRATORY BIRD PERMITS
1. The authority for part 21 continues to read as follows:
Authority: Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C.
703); Public Law 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public
Law 106-108, 113 Stat. 1491, Note following 16 U.S.C. 703.
2. Revise Sec. 21.14 to read as follows:
Sec. 21.14 Permit exceptions for captive-bred migratory waterfowl
other than mallard ducks.
You may acquire captive-bred and properly marked migratory
waterfowl of all species other than mallard ducks (Anas platyrhynchos),
alive or dead, or their eggs, and possess and transport such birds or
eggs and any progeny or eggs for your use without a permit, subject to
the following conditions and restrictions. Additional restrictions on
the acquisition and transfer of muscovy ducks (Cairina moschata) are at
paragraph (g) of this section.
(a) You may acquire live waterfowl or their eggs only from a holder
of a valid waterfowl sale and disposal permit in the United States. You
also may lawfully acquire them outside of the United States with
appropriate permits (see Sec. 21.21 of subpart C of this part).
(b) All progeny of captive-bred birds or eggs from captive-bred
birds must be physically marked as set forth in Sec. 21.13(b).
(c) You may not transfer or dispose of captive-bred birds or their
eggs, whether alive or dead, to any other person unless you have a
waterfowl sale and disposal permit (see Sec. 21.25 of subpart C of
this part).
(d) Lawfully possessed and properly marked birds may be killed, in
any number, at any time or place, by any means except shooting. Such
birds may be killed by shooting only in accordance with all applicable
hunting regulations governing the taking of like species from the wild
(see part 20 of this subchapter).
(e) At all times during possession, transportation, and storage
until the raw carcasses of such birds are finally processed immediately
prior to cooking, smoking, or canning, you must leave the marked foot
or wing attached to each carcass, unless the carcass was marked as
provided in Sec. 21.25(b)(6) and the foot or wing was removed prior to
your acquisition of the carcass.
(f) If you acquire captive-bred waterfowl or their eggs from a
waterfowl sale and disposal permittee, you must retain the FWS Form 3-
186, Notice of Waterfowl Sale or Transfer, from the permittee for as
long as you have the birds, eggs, or progeny of them.
(g) You may not acquire or possess live muscovy ducks, their
carcasses or parts, or their eggs, except to raise them to be sold as
food. If you possess captive-bred muscovy ducks, you may not propagate
them or sell or transfer them to anyone for any purpose, except to be
used as food. You may not release them to the wild, including on
private property, sell them to be hunted or released to the wild, or
transfer them to
[[Page 49630]]
anyone to be hunted or released to the wild.
(h) Dealers in meat and game, hotels, restaurants, and boarding
houses may serve or sell to their customers the carcass of any bird
acquired from a holder of a valid waterfowl sale and disposal permit.
3. Revise Sec. 21.25 to read as follows:
Sec. 21.25 Waterfowl sale and disposal permits.
(a) Permit requirement. You must have a waterfowl sale and disposal
permit before you may lawfully sell, trade, donate, or otherwise
dispose of, to another person, most species of captive-reared and
properly marked migratory waterfowl or their eggs. You do not need a
permit to sell or dispose of properly marked captive-reared mallard
ducks (Anas platyrhynchos) or their eggs.
(b) Permit conditions. In addition to the general conditions set
forth in part 13 of this subchapter B, waterfowl sale and disposal
permits are subject to the following conditions:
(1) You may not take migratory waterfowl or their eggs from the
wild, unless take is provided for elsewhere in this subchapter.
(2) You may not acquire migratory waterfowl or their eggs from any
person who does not have a valid waterfowl propagation permit.
(3) Before they are 6 weeks of age, all live captive migratory
waterfowl possessed under authority of a valid waterfowl sale and
disposal permit must be physically marked as defined in Sec. 21.13(b).
(4) All offspring of birds hatched, reared, and retained in
captivity also must be marked before they are 6 weeks of age in
accordance with Sec. 21.13(b), unless they are held in captivity at a
public zoological park, or a public scientific or educational
institution.
(5) Properly marked captive-bred birds may be killed, in any
number, at any time or place, by any means except shooting. They may be
killed by shooting only in accordance with all the applicable hunting
regulations governing the taking of like species from the wild.
(6) At all times during possession, transportation, and storage,
until the raw carcasses of such birds are finally processed immediately
prior to cooking, smoking, or canning, the marked foot or wing must
remain attached to each carcass. However, if you have a State license,
permit, or authorization that allows you to sell game, you may remove
the marked foot or wing from the raw carcasses if the number of your
State license, permit, or authorization has been legibly stamped in ink
on the back of each carcass and on the wrapping or container in which
each carcass is maintained, or if each carcass is identified by a State
band on a leg or wing pursuant to requirements of your State license,
permit, or authorization.
(7) You may dispose of properly marked live or dead birds or their
eggs (except muscovy ducks and their eggs) in any number at any time or
place, or transfer them to any person, if the birds are physically
marked prior to sale or disposal, regardless of whether or not they
have attained 6 weeks of age.
(8) You may propagate muscovy ducks (Cairina moschata) only for
sale for food.
(i) You may not release muscovy ducks to the wild or transfer them
for release to the wild.
(ii) You may not sell or transfer muscovy ducks to be killed by
shooting.
(9) If you transfer captive-bred birds or their eggs to another
person, you must complete FWS Form 3-186, Notice of Waterfowl Sale or
Transfer, and provide all information required on the form, plus the
method or methods by which individual birds are marked as required by
Sec. 21.13(b).
(i) Give the original of the completed form to the person acquiring
the birds or eggs.
(ii) Retain one copy in your files.
(iii) Attach one copy to the shipping container for the birds or
eggs, or include it with shipping documents that accompany the
shipment.
(iv) By the end of the month in which you complete the transfer,
mail two copies to the Fish and Wildlife Service Regional Office that
issued your permit.
(c) Reporting requirements. You must submit an annual report by
January 10th of each year to the Fish and Wildlife Service Regional
Office that issued your permit. You must report the number of waterfowl
of each species you possess on that date, and the method or methods by
which each is marked.
(d) Applying for a waterfowl propagation permit. Submit your
application for a waterfowl sale and disposal permit to the appropriate
Regional Director (Attention: Migratory Bird Permit Office). You can
find addresses for the Regional Directors in 50 CFR 2.2. Your
application must contain the general information and certification
required in Sec. 13.12(a) of subchapter A of this chapter, and the
following additional information:
(1) A description of the area where you will keep waterfowl in your
possession;
(2) The species and numbers of waterfowl you possess and a
statement showing from whom the birds were obtained;
(3) A statement indicating the method by which birds you hold will
be marked as required by the provisions of this part 21; and
(4) The number and expiration of your State permit if you are
required to have one.
(e) Term of permit. A waterfowl sale and disposal permit issued or
renewed under this part expires on the date designated on the face of
the permit unless amended or revoked, but the term of the permit will
not exceed five (5) years from the date of issuance or renewal.
4. Add new Sec. 21.54 to read as follows:
Sec. 21.54 Control order for muscovy ducks in the United States.
(a) Control of muscovy ducks. Anywhere in the contiguous United
States except in Cameron, Hidalgo, Starr, and Zapata Counties in Texas,
and in Alaska, Hawaii, and U.S. territories and possessions; landowners
and Federal, State, and local wildlife management agencies, and their
tenants, employees, or agents may, without a Federal permit, remove or
destroy muscovy ducks (Cairina moschata) or their nests or eggs at any
time when found. Any authorized person may temporarily possess,
transport, and dispose of muscovy ducks taken under this order.
(b) Disposal of muscovy ducks. You may donate muscovy ducks taken
under this order to public museums or public institutions for
scientific or educational purposes, or you may dispose of them by
burying or incinerating them. You may not retain for personal use or
consumption, offer for sale, or sell a muscovy duck removed under
authority of this section, nor may you release it in any other
location.
(c) Other provisions. (1) You may not remove or destroy muscovy
ducks or their nests or eggs if doing so is contrary to any State,
territorial, or tribal laws or regulations.
(2) You may not remove or destroy muscovy ducks or their nests or
eggs if doing so will adversely affect other migratory birds or species
designated as endangered or threatened under the authority of the
Endangered Species Act.
(3) Persons operating under this order must immediately report the
take of any species protected under the Endangered Species Act or any
other species protected under the Migratory Bird Treaty Act to the Fish
and Wildlife Service Ecological Services Office for the State or
location in which the take occurred.
(4) We reserve the right to suspend or revoke the authority of any
agency or
[[Page 49631]]
individual to undertake muscovy duck control if we find that agency or
individual has undertaken actions that may harm federally listed
threatened or endangered species or are contrary to the provisions of
this part.
Dated: August 8, 2008.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-19550 Filed 8-21-08; 8:45 am]
BILLING CODE 4310-55-P