Keith, and all,

It was not just ABC.  MOS also filed comment in support of the new 
regulation.  For your edification and as an example of the work of the MOS 
Conservation Committe, below our comments:

Dr. George T. AllenDivision of Migratory Bird Management,U.S. Fish and 
Wildlife Service4401 North Fairfax DriveMail Stop 4107 Arlington, VA 
22203-1610 February 26, 2009 Submitted via U.S. Government Regulations 
portal www.regulations.gov

RE: Docket ID: FWS-R9-MB-2008-0064    Document ID: FWS-R9-MB-2008-0064-0001



Dear  Dr. Allen:



The Maryland Ornithological Society (MOS) appreciates the opportunity to 
submit these comments regarding the proposed rule change on Removal of Rusty 
Blackbird and Tamaulipas (Mexican) Crow From the Depredation Order for 
Blackbirds, Cowbirds, Grackles, Crows, and Magpies.  MOS applauds this 
proposed rule change that would remove them from the depredation order and 
require permitting and documentation when/if control is needed.  We also 
back the proposal that only non-toxic ammunition be used if control is 
required.



MOS is a statewide nonprofit organization established in 1945 and devoted to 
the study and conservation of birds.  Currently we have 15 chapters and 
approximately 2,000 members.  Some are scientists and naturalists, but our 
membership includes people of all ages and all walks of life, from 
physicists to firefighters, legislators to landscapers.  Birding is one of 
the fastest-growing outdoor recreational activities.  MOS members travel to 
federal lands on birding and nature-watching vacations throughout the United 
States.  We spend money on food, lodging, guide services, books, and 
souvenirs to support the local economy wherever we go.



The Rusty Blackbird occurs in Maryland as a migrant.  MOS is well aware of 
the Rusty's decline, in fact we were asked to participate in a "Rusty 
Blackbird Blitz" conducted in mid-February 2009 by the Migratory Bird Center 
of the National Zoological Park.



We are particularly heartened by the additional provision that any 
authorized take be documented in order to monitor the take's effect on the 
population, a clear recognition by the Service that its actions could be 
counterproductive.



 We also ask that an additional provision be added discouraging control of 
night-time blackbird roosts during the winter months, as well into the month 
of March in northern regions, when Rusty Blackbirds might be reasonably 
assumed to be in the roosts.



Please accept our congratulations on a proposed rule that should be 
beneficial the species stipulated, while making provisions in case it proves 
otherwise.





Sincerely,



Kurt R. Schwarz

MOS Conservation Chair