Administrative

This final rule revises the general eagle permit restrictions applicable to American Indians and public institutions. This final regulation provides for the issuance of eagle permits for transportation of lawfully possessed eagle parts into or out of the United States only when the eagle parts have a religious purpose, or when a public institution transports eagle parts for scientific or exhibition purposes. In these cases, we will require that the eagle parts be returned to the country of origin. We make this revision to address concerns expressed by American Indians and public institutions who have sought our permission to allow international travel of lawfully possessed eagle parts or items containing eagle parts. We have carefully considered the needs of science and education, the religious protections guaranteed by the United States Constitution, and the recommendations made by those responding to the proposed rule providing for Eagle Transportation Permits for American Indians and Public Institutions published Thursday, June 16, 1994 (Federal Register (59 FR 30892)).

There were three main purposes for the proposed law in 1966: to protect the owners of pet dogs and cats from the theft of their pets; to prevent the use or sale of stolen dogs or cats for purposes of research or experimentation; and to establish humane standards for the treatment of dogs, cats, and certain other animals by animal dealers and research facilities.

In response to recent amendments to the Lacey Act, we are establishing definitions for the terms “common cultivar” and “common food crop” and several related terms. The amendments to the Act expanded its protections to a broader range of plant species, extended its reach to encompass products, including timber, that derive from illegally harvested plants, and require that importers submit a declaration at the time of importation for certain plants and plant products. Common cultivars and common food crops are among the categorical exclusions to the provisions of the Act. The Act does not define the terms “common cultivar” and “common food crop” but instead gives authority to the U.S. Department of Agriculture and the U.S. Department of the Interior to define these terms by regulation. Our definitions specify which plants and plant products will be excluded from the provisions of the Act, including the declaration requirement.

In this province the main legislation governing dog husbandry and the penalties for dog misbehaviour or running at large are in the form of regulations pursuant to the provincial Municipalities Act.

[Regulation removed 2010. Summary of former text provided.] This provision describes the mandatory criteria for establishing the existence of an American Indian tribe for purposes of recognition by the federal government.  These criteria implicate federal status for purposes of acquiring eagle parts for use in Indian religious ceremonies under the BGEPA.

The Committee on Commerce, to which was referred the bill (H.R. 13881) to authorize the Secretary of Agriculture to regulate the transportation, sale, and handling of dogs and cats intended to be used for purposes of research or experimentation, and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that the bill as amended do pass.

This final decision establishes regulations to govern the taking of marine mammals incidental to commercial tuna purse seine fishing in the eastern tropical Pacific Ocean (ETP). The regulations provide for a general permit to be issued allowing the taking of a maximum of 20,500 porpoises, as apportioned into individual species and stock quotas, for each of the five years 1981- 1985.

Because of conflicts between preservation of golden eagle nests and resource development or recovery operations, particularly surface coal mining activities in the western States, Congress amended the Eagle Protection Act to authorize the Secretary of the Interior to issue regulations that permit the taking of golden eagle nests found on the site of those operations under certain circumstances. Under that authority, the Service amends its regulations under the Eagle Protection Act to permit the taking (i.e., collection, molestation, disturbance, or destruction) of golden eagle nests during resource development or recovery operations when the nests are inactive if the taking is compatible with the preservation of the area nesting population of golden eagles. Little or no long-term impact on area nesting populations of golden eagles is expected as a result of this action.

The Food Safety and Inspection Service (FSIS) is proposing to amend the Federal meat inspection regulations to allow ante-mortem inspection of disabled animals, and other animals unable to move, while the animals are still on a transport vehicle, if requested by the official establishment. Currently, the ante-mortem inspection of such animals may only be performed in designated, covered ante-mortem pens on the premises of an official establishment.  This proposal is intended to reduce the inhumane handling that may result when disabled animals, and other animals unable to move, are transferred from transport vehicles to the designated, covered ante-mortem pens for ante-mortem inspection.

NMFS is issuing a final rule that amends the definition of "take" under the Marine Mammal Protection Act (MMPA) to include feeding marine mammals in the wild, and adds a new definition of "feeding." As a result, feeding dolphins, porpoise, whales, seals and sea lions in the wild will be prohibited unless the feeding is incidental to another activity such as the routine discard of fish bycatch or discharges from processing plants or vessels.

This executive order affirms the executive's commitment to expediting the permit process through which Native Americans receive eagle feathers and parts for religious ceremonial service.  It specifically affirms the trust relationship between the government and tribal nations.

The Marine Mammal Protection Act (MMPA) Amendments of 1994 provided new authority to citizens of the United States to deter marine mammals from: Damaging fishing gear and catch; damaging private property; endangering public safety; or damaging public property. The Amendments require NMFS to publish a list of guidelines for use in safely deterring marine mammals and to prohibit deterrence measures that have a significant adverse impact on marine mammals. This proposed rule sets forth preliminary versions of the guidelines and prohibitions, and seeks public comment upon which to refine them.