Voglio sapere a riguardo di…

2572

Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations
or removal in the western plains, the wide range of the Interior least tern and its ability to relocate to areas with better conditions reduce the magnitude of any threat see Effects of Climate Change, below. The Interior least tern is also well adapted to adjust to variability and changes in local habitat availability, quality, and quantity through metapopulation dynamics see Habitat Criteria, above, for detail on metapopulation dynamics, enhanced by the species longevity, dispersal capability, and ability to re-nest e.g., Lott et al. 2013, p. 3620; Lott and Sheppard 2017b, entire.
Predation Interior least tern eggs, chicks, and adult individuals are susceptible to a wide variety of avian and terrestrial predators. During the 25-year monitoring period on the Missouri River, the greatest cause of egg loss has been predation 3 percent USACE
2017b, spreadsheet line 302. On the Mississippi River, predation was the second highest cause of Interior least tern egg, chick, and adult mortality Smith and Renken 1993, pp. 4142.
Interior least terns are adapted to avoid predation because: 1 Their eggs and chicks are cryptically colored to avoid detection; 2 chicks exhibit freeze behavior when threatened; and 3 adults cooperate in alarm calls and attack flights on potential predators to the colonies Thompson et al. 1997, p.
11. Terns may also abandon and relocate colonies due to predation pressure Atwood and Massey 1988, p.
394.
The level and effect of predation can be locally high and significant in some colonies and in some years; however, the Interior least terns adaptation to high levels of predation is demonstrated by the exponential growth of rangewide breeding numbers since listing in 1985.
Interior least tern are long-lived, and current population trends indicate that sporadic local breeding failure due to predation or other causes is natural, and unlikely to be significant to the longterm stability of the rangewide population.
Existing Regulatory Mechanisms The Interior least tern is covered by the Migratory Bird Treaty Act MBTA;
16 U.S.C. 703 et seq.. The MBTA makes it unlawful, at any time and by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported,
VerDate Sep<11>2014

16:05 Jan 12, 2021

Jkt 253001

deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or eggs of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof 16 U.S.C. 703a. 16 U.S.C.
704a states that the Secretary is authorized and directed to determine when, to what extent, if at all, and by what means, the take of migratory birds should be allowed, such as for educational, scientific, and recreational purposes, and to adopt suitable regulations permitting and governing the take. In adopting regulations, the Secretary is to consider such factors as distribution and abundance to ensure that any take is compatible with the protection of the species.
Since the publication of the proposed rule to delist the Interior least tern 84
FR 56977; October 24, 2019, the Service published a proposed rule to adopt a regulation that defines the scope of the MBTA as it applies to conduct resulting in the injury or death of migratory birds protected by the MBTA 85 FR 5915;
February 3, 2020. This proposed regulation, if made final, will define the scope of the MBTAs prohibitions to reach only actions directed at migratory birds, their nests, or their eggs, and take that is incidental to otherwise lawful activities would no longer be prohibited. Therefore, Federal agencies, industries, or private parties that have avoided or mitigated for incidental take to migratory birds due to MBTA
prohibitions will no longer be required to do so. The MBTA will continue to protect migratory birds, their parts, nests, and eggs from intentional take and trade. We have reviewed this information and have evaluated the potential effects of these proposed changes on the Interior least tern.
Incidental take is not currently a primary threat to the rangewide status of the Interior least tern, but there is the potential that with removal of the protections of the Act and the proposed regulation that defines the scope of the MBTA, incidental take may increase in some nesting areas. However, as noted herein under Habitat Criteria, above, USACE Divisions and Districts within the range of the Interior least tern have cooperatively modified their programs to minimize take of Interior least terns, and to provide for the long-term management of the nesting and foraging habitats across about 80 percent of the range of the species USACE 2013, entire; 2016, entire; 2017, entire.

PO 00000

Frm 00046

Fmt 4700

Sfmt 4700

USACE has also committed to continue consideration and management of the Interior least tern and its habitats following delisting, because maintaining viable populations of Interior least tern is in their interest, and that of all Federal agencies. More than 10 percent of the Interior least tern population consists of small to moderately sized colonies that are managed on Federal or State conservation lands, or under State and private partnerships, many of which are expected to continue management based upon environmental management objectives or State status and regulations. The Service, therefore, finds that should the proposed regulation that defines the scope of the MBTA be adopted, BMPs and SOPs to avoid incidental take of the tern will continue to be implemented across more than 90 percent of the species range.
The remaining portion of the Interior least tern population consists of numerous, small, scattered, often ephemeral colonies nesting in habitats with minimal or no management. Such colonies without management commitments may be impacted by the proposed regulation that defines the scope of the MBTA. While these areas contribute in some small degree to redundancy and representation of the species, their success or failure within specific sites is not essential to the continued existence of the Interior least tern.
In summary, incidental take is not currently a primary threat to the rangewide status of the Interior least tern, but there is the potential that with removal of the protections of the Act and the proposed regulation that defines the scope of the MBTA, incidental take may increase on some nesting areas.
Any adoption of proposed changes to reduce the scope of the take provisions of the MBTA is not likely to affect management commitments currently in place, which are expected to continue following delisting of the Interior least tern, as BMPs and SOPs to avoid incidental take of the tern will continue to be implemented across more than 90
percent of the species range. We also believe that Federal and State agencies, as well as private industries and individuals, recognize that it is in the public interest to minimize the impacts of lawful activities to Interior least tern and other migratory birds, and the Service shall continue to work with them to do so.
When the Interior least tern was listed in 1985, the listing rule 50 FR 21784;
May 28, 1985 noted that while the MBTA protected migratory birds from harm or harassment, it did not provide a mechanism to address habitat threats.

E:FRFM13JAR1.SGM

13JAR1