[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Rules and Regulations]
[Pages 63580-63585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30530]
[[Page 63579]]
_______________________________________________________________________
Part VI
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
50 CFR Part 20
_______________________________________________________________________
Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for
Certain Migratory Game Birds; Final Rule
Federal Register / Vol. 63, No. 219 / Friday, November 13, 1998 /
Rules and Regulations
[[Page 63580]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR PART 20
RIN 1018-AE93
Migratory Bird Hunting; Late Seasons and Bag and Possession
Limits for Certain Migratory Game Birds
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule revises the waterfowl hunting frameworks and the
season dates for those States in the Lower Region of the Mississippi
Flyway. Taking of migratory birds is prohibited unless specifically
provided for by annual regulations. This rule permits the taking of
these designated species during the 1998-99 season.
DATE: This rule takes effect on November 13, 1998.
ADDRESSES: The public may inspect comments during normal business hours
in room 634, Arlington Square Building, 4401 N. Fairfax Drive,
Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: Robert J. Blohm, Acting Chief, Office
of Migratory Bird Management, U.S. Fish and Wildlife Service,
Department of the Interior, ms 634-ARLSQ, 1849 C Street, NW.,
Washington, DC 20240, (703) 358-1714.
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 1998
On March 20, 1998, the Service published in the Federal Register
(63 FR 13748) a proposal to amend 50 CFR part 20. The proposal dealt
with the establishment of seasons, limits, and other regulations for
migratory birds, designated as ``migratory game birds'' in conventions
between the United States and several foreign nations for their
protection and management, under Secs. 20.101 through 20.107, 20.109,
and 20.110 of subpart K. All other birds designated as migratory (under
10.13 of Subpart B of 50 CFR part 10) in the aforementioned conventions
may not be hunted.
On May 29, 1998, the Service published in the Federal Register (63
FR 29518) a second document providing supplemental proposals for early-
and late-season migratory bird hunting regulations frameworks and the
proposed regulatory alternatives for the 1998-99 duck hunting season.
The May 29 supplement also provided detailed information on the 1998-99
regulatory schedule and announced the Service Migratory Bird
Regulations Committee and Flyway Council meetings.
On June 25, 1998, the Service held a public hearing in Washington,
DC, as announced in the March 20 and May 29 Federal Registers to review
the status of migratory shore and upland game birds. The Service
discussed hunting regulations for these species and for other early
seasons. On July 17, 1998, the Service published in the Federal
Register (63 FR 38700) a third document specifically dealing with
proposed early-season frameworks for the 1998-99 season. The July 17
supplement also established the final regulatory alternatives for the
1998-99 duck hunting season for all States except Alabama, Arkansas,
Kentucky, Louisiana, Mississippi, and Tennessee. On August 5, 1998, the
Service published in the Federal Register (63 FR 41926) a fourth
document dealing specifically with the final regulatory alternatives
for the 1998-99 duck hunting season for the States of Alabama,
Arkansas, Kentucky, Louisiana, Mississippi, and Tennessee.
On August 6, 1998, the Service held a second public hearing in
Washington, DC, as announced in the March 20, May 29, and July 17
Federal Registers, to review the status of waterfowl. Proposed hunting
regulations were discussed for late seasons. On August 25, 1998, the
Service published a fifth document in the Federal Register (63 FR
45350) which dealt specifically with proposed frameworks for the 1998-
99 late-season migratory bird hunting regulations.
On August 28, 1998, the Service published a sixth document in the
Federal Register (63 FR 46124) containing final frameworks for early
migratory bird hunting seasons from which wildlife conservation agency
officials from the States, Puerto Rico, and the Virgin Islands selected
early-season hunting dates, hours, areas, and limits for the 1998-99
season. A seventh document published in the August 31, 1998, Federal
Register (63 FR 46336) amended subpart K of title 50 CFR part 20 to set
hunting seasons, hours, areas, and limits for early seasons.
The Service published final late-season frameworks for migratory
game bird hunting regulations, from which State wildlife conservation
agency officials selected late-season hunting dates, hours, areas, and
limits for 1998-99 in the September 29, 1998, Federal Register (63 FR
51998). A tenth document published in the September 30, 1998, Federal
Register (63 FR 52322) amended subpart K of title 50 CFR part 20 to set
hunting seasons, hours, areas, and limits for species subject to late-
season regulations and those for early seasons that States previously
deferred.
This document is the eleventh in the series of proposed,
supplemental, and final rulemaking documents for migratory game bird
hunting regulations for the 1998-99 season. It deals specifically with
revising the current duck hunting frameworks in the Lower Region of the
Mississippi Flyway and the previously-selected and published hunting
season dates for those eligible States that opt to change their
seasons, as directed by Congress in Division C, Title 1, Section 150 of
the Omnibus Appropriations Bill.
Background
Current duck hunting frameworks provide for earliest opening and
latest closing dates for duck seasons of October 1 and January 20 in
the Atlantic Flyway, and the Saturday nearest October 1, and the Sunday
nearest January 20 in the Mississippi, Central, and Pacific Flyways.
January 20 (or the Sunday nearest) is the latest closing date that has
been allowed since the flyway management system for waterfowl began in
1948, except for an experimental extension of the framework closing
date to January 31 in Mississippi during 1979-84.
In March 1998, the Lower-Region Regulations Committee (representing
the States of Alabama, Arkansas, Kentucky, Louisiana, Mississippi, and
Tennessee) of the Mississippi Flyway Council recommended that the
Service allow a January 31 framework closing date. The other three
Flyway Councils and the Upper-Region Regulations Committee of the
Mississippi Flyway Council recommended no change in the framework
dates. However, the Upper-Region Regulations Committee recommended that
if an extension were authorized, it should be coupled with a
commensurate reduction in season length and/or bag limits in the
participating States to offset the predicted increase in harvest.
In order to address the request of the Lower-Region Regulations
Committee of the Mississippi Flyway Council, the Service announced (May
29 Federal Register) that it would consider extending the framework
closing date for those six States only (Alabama, Arkansas, Kentucky,
Louisiana, Mississippi, and Tennessee), with the requirement that the
predicted additional harvest be offset with a reduction in season
length. The States interested in this approach were to develop an
analysis to assist the Service in predicting how many days of reduction
in season length would be appropriate.
[[Page 63581]]
The proposal generated extensive public comment in opposition to
the change, including comments from many State fish and wildlife
agencies in all four Flyways (detailed comments are available in the
August 5 Federal Register). The primary reasons for the opposition
were:
(1) A perception of inequity because the Service would not be
offering other States the option of an extension;
(2) Concern that the Flyway Councils did not have a role in
developing the proposal and would not have the opportunity to meet and
discuss concerns or alternatives before it was finalized; and
(3) Concerns that the Service would not be able to predict the
effects of the proposed extensions on harvest or duck populations and
guarantee the season-length reduction would be sufficient to completely
offset the expected increase in harvest.
Because of the broad-based opposition to the proposal, the Service
decided to withdraw it. The Service published the decision in the
August 5 Federal Register. The Service further announced that it would
support an overall review of framework dates by the Flyway Councils,
the National Flyway Council, and the International Association of Fish
and Wildlife Agencies. Interest in conducting such a review was
recently expressed by the National Flyway Council, and the Service is
committed to working with the above organizations to accomplish the
review in time for consideration of duck-hunting regulatory
alternatives for the 2000-2001 hunting season.
Congressional Action Subsequent to Final Frameworks
As stated previously, the Service published final late-season
frameworks for migratory game bird hunting regulations, from which all
State wildlife conservation agency officials selected late-season
hunting dates, hours, areas, and limits for 1998-99 in the September
29, 1998, Federal Register. Duck hunting frameworks for the Mississippi
Flyway, which includes the States of Alabama, Arkansas, Kentucky,
Louisiana, Mississippi, and Tennessee, consisted of the following:
``Outside Dates: Between the Saturday nearest October 1 (October
3) and the Sunday nearest January 20 (January 17).
Hunting Seasons and Duck Limits: 60 days with a daily bag limit
of 6 ducks, including no more than 4 mallards (no more than 2 of
which may be females), 3 mottled ducks, 1 black duck, 1 pintail, 2
wood ducks, 1 canvasback, and 2 redheads.''
On October 19, 1998, Congress specified the following in Division
C, Title I, Section 150 of the Omnibus Appropriations Bill:
``Sec. 150.
(a) Extension of Agreement for State of MIssissippi.--The
Secretary of the Interior shall offer to reinstate the Memorandum of
Agreement between the Mississippi Department of Wildlife
Conservation and the United States Fish and Wildlife Service
concerning the framework closing dates for the 1979-1980 through
1981-1982 duck hunting seasons, executed in November 1979, for the
1998-1999 duck hunting season in the State of Mississippi, except
that--
(1) the duck hunting season shall end on January 31, 1999; and
(2) the total number of days for the duck hunting season in the
State of Mississippi shall not exceed 51 days.
(b) Extension of Agreement to Other States.--At the request of
any other State represented on the Lower Region Regulations
Committee of the Mississippi Flyway Council, the Secretary of the
Interior shall extend the agreement described in subsection (a) to
that State for the 1998-1999 duck hunting season if the State agrees
to reduce the total number of days of the duck hunting season in the
State to the extent necessary to result in no net increase in the
duck harvest in the State for that season.''
Therefore, following the directive provided by Congress, the
Service will reinstate the 1979 Memorandum of Agreement (MOA) between
the Mississippi Department of Wildlife Conservation and the Service
concerning the framework closing dates for the 1998-1999 duck hunting
season in the State of Mississippi. The Service has also extended the
offer to the other five States in the Lower Region of the Mississippi
Flyway with the following guidelines:
1. The extension will apply only to duck hunting seasons (ducks,
mergansers, and coots).
2. In participating States, the maximum season length will be
reduced from 60 to 51 days.
3. If a season closing date after the Sunday nearest January 20 is
selected for any portion of a State, the 51-day maximum season length
will apply throughout the State.
Based on these guidelines, the States of Alabama, Mississippi, and
Tennessee have opted to enter into a Memorandum of Agreement for the
1998-1999 duck hunting season and extend the framework closing date to
January 31. Arkansas, Kentucky, and Louisiana declined to participate
in the framework extension. Revised season dates for Alabama,
Mississippi, and Tennessee are included herein.
Public Comment
The Service, by this rule, is revising the 1998-99 duck season
hunting dates for the States of Alabama, Mississippi, and Tennessee
without the standard notice for public comment. As required by the
Administrative Procedure Act (5 U.S.C. 553(b)(B)), the Service has
found that the notice and public procedure required by the APA are
impracticable, and contrary to the public interest for the following
reasons: (1) the Service is revising the frameworks at the direction of
Congress; (2) public comment cannot change the Congressional action;
(3) providing a comment period at this time would preclude the affected
States from selecting and beginning their upcoming duck hunting seasons
on time; and (4) the Service has already received extensive public
comment on the issue.
NEPA Consideration
NEPA considerations are covered by the programmatic document,
``Final Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with EPA on June 9, 1988. The Service published a Notice
of Availability in the June 16, 1988, Federal Register (53 FR 22582).
The Service published its Record of Decision on August 18, 1988 (53 FR
31341). Copies of these documents are available from the Service at the
address indicated under the caption ADDRESSES.
Endangered Species Act Considerations
As in the past, the Service designs hunting regulations to remove
or alleviate chances of conflict between migratory game bird hunting
seasons and the protection and conservation of endangered and
threatened species. Consultations previously conducted regarding the
1998-99 regulatory proposals also cover the regulatory actions herein.
Findings from these consultations are included in a biological opinion
and may have caused modification of some regulatory measures previously
proposed. The final frameworks reflect any modifications. The Service's
biological opinions resulting from its Section 7 consultation are
public documents available for public inspection in the Service's
Division of Endangered Species and MBMO, at the address indicated under
the caption ADDRESSES.
Regulatory Flexibility Act
In the March 20, 1998, Federal Register, the Service reported
measures it took to comply with requirements of the Regulatory
Flexibility Act. One measure was to update the 1996 Small Entity
Flexibility Analysis (Analysis) documenting the significant beneficial
economic effect on a substantial number of small entities. The 1996
Analysis
[[Page 63582]]
estimated that migratory bird hunters would spend between $254 and $592
million at small businesses. The Service has updated the 1996 Analysis
with information from the 1996 National Hunting and Fishing Survey.
Nationwide, the Service now estimates that migratory bird hunters will
spend between $429 and $1,084 million at small businesses in 1998. No
negative or cost impacts are predicted as the result of the hunting
season framework extension. Copies of the 1998 Analysis are available
upon request from the Office of Migratory Bird Management.
Executive Order (E.O.) 12866
This rule is economically significant and was reviewed by the
Office of Management and Budget (OMB) under E.O. 12866.
E.O. 12866 requires each agency to write regulations that are easy
to understand. The Service invites comments on how to make this 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? (5) Is the description of the rule in
the Supplementary Information section of the preamble helpful in
understanding the rule? What else could the Service do to make the rule
easier to understand?
Send a copy of any comments that concern how this rule could be
made easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street, NW, Washington, DC 20240.
Comments may also be e-mailed to: Exsec@ios.doi.gov.
Congressional Review
In accordance with Section 251 of the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 8), this rule has been
submitted to Congress and has been declared major. Because this rule
establishes hunting seasons, this rule qualifies for an exemption under
5 U.S.C. 808(1); therefore, the Department determines that this rule
shall take effect immediately.
Paperwork Reduction Act
The Service examined these regulations under the Paperwork
Reduction Act of 1995. The various recordkeeping and reporting
requirements imposed under regulations established in 50 CFR part 20,
Subpart K, are utilized in the formulation of migratory game bird
hunting regulations. Specifically, the information collection
requirements of the Migratory Bird Harvest Information Program have
been approved by OMB and assigned clearance number 1018-0015 (expires
09/30/2001). This information is used to provide a sampling frame for
voluntary national surveys to improve Service harvest estimates for all
migratory game birds in order to better manage these populations. The
Service may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
Unfunded Mandates Reform Act
The Service has determined and certifies in compliance with the
requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that
this rulemaking will not impose a cost of $100 million or more in any
given year on local or State government or private entities.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this rule, has determined that
these regulations meet the applicable standards provided in Sections
3(a) and 3(b)(2) of Executive Order 12988.
Takings Implication Assessment
In accordance with Executive Order 12630, these rules, authorized
by the Migratory Bird Treaty Act, do not have significant takings
implications and do not affect any constitutionally protected property
rights. These rules will not result in the physical occupancy of
property, the physical invasion of property, or the regulatory taking
of any property. In fact, these rules allow hunters to exercise
privileges that would be otherwise unavailable; and, therefore, reduce
restrictions on the use of private and public property.
Federalism Effects
Due to the migratory nature of certain species of birds, the
Federal government has been given responsibility over these species by
the Migratory Bird Treaty Act. The Service annually prescribes
frameworks from which the States make selections and employs guidelines
to establish special regulations on Federal Indian reservations and
ceded lands. This process preserves the ability of the States and
Tribes to determine which seasons meet their individual needs. Any
State or Tribe may be more restrictive than the Federal frameworks at
any time. The frameworks are developed in a cooperative process with
the States and the Flyway Councils. This allows States to participate
in the development of frameworks from which they will make selections,
thereby having an influence on their own regulation. These rules do not
have a substantial direct effect on fiscal capacity, change the roles
or responsibilities of Federal or State governments, or intrude on
State policy or administration. Therefore, in accordance with Executive
Order 12612, these regulations do not have significant federalism
effects and do not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
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) and 512 DM 2, we have evaluated possible
effects on Federally-recognized Indian tribes and have determined that
there are no effects.
Effective Date
The rulemaking process for migratory game bird hunting must, by its
nature, operate under severe time constraints. However, the Service
intends that the public be given the greatest possible opportunity to
comment on the regulations. Thus, when the preliminary proposed
rulemaking was published, the Service established what it believed were
the longest periods possible for public comment. In doing this, the
Service recognized that when the comment period closed, time would be
of the essence. That is, if there were a delay in the effective date of
these regulations after the final rulemaking, the States would have
insufficient time to establish and publicize the necessary regulations
and procedures to implement their decisions.
Therefore, the Service finds that ``good cause'' exists, within the
terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and
these seasons will, therefore, take effect immediately upon
publication. Accordingly, with each conservation agency having had an
opportunity to participate in selecting the hunting seasons desired for
its State or Territory on those species of migratory birds for which
open seasons are now prescribed, and consideration having been given to
all other relevant matters presented, certain sections of title 50,
chapter I, subchapter B, part 20, subpart K, are hereby amended as set
forth below.
[[Page 63583]]
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Dated: November 6, 1998.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
PART 20--[AMENDED]
For the reasons set out in the preamble, the Service amends title
50, chapter I, subchapter B, part 20, subpart K as follows:
1. The authority citation for part 20 continues to read as follows:
Authority: 16 U.S.C. 703-712; and 16 U.S.C. 742 a-j.
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