95-14756. Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird Hunting Regulations; Notice of Meetings.  

  • [Federal Register Volume 60, Number 138 (Wednesday, July 19, 1995)]
    [Proposed Rules]
    [Pages 37314-37318]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-14756]
    
    
    
          
    
    [[Page 37313]]
    
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    Part VII
    
    
    
    
    
    Department of the Interior
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Fish and Wildlife Service
    
    
    
    _______________________________________________________________________
    
    
    
    50 CFR Part 20
    
    
    
    Migratory Bird Hunting Supplemental Proposals for Migratory Game Bird 
    Hunting Regulations; Meetings; Proposed Rule
    
    Federal Register / Vol. 60, No. 138 / Wednesday, July 19, 1995 / 
    Proposed Rules 
    
    [[Page 37314]]
    
    
    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    50 CFR Part 20
    
    RIN: 1018-AC79
    
    
    Migratory Bird Hunting; Supplemental Proposals for Migratory Game 
    Bird Hunting Regulations; Notice of Meetings.
    
    Editorial Note: The document set forth below was originally 
    published at 60 FR 31890, June 16, 1995, and is being reprinted in 
    its entirety because of typesetting errors.
    AGENCY: Fish and Wildlife Service, Interior.
    ACTION: Proposed rule; supplemental.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service) 
    proposed in an earlier document to establish annual hunting regulations 
    for certain migratory game birds. This supplementary document further 
    describes proposed changes from 1994-95 hunting regulations and 
    provides additional information that will facilitate establishment of 
    the 1995-96 hunting regulations. This document also announces the 
    meetings of the Service Migratory Bird Regulations Committee.
    
    DATES: The Service Migratory Bird Regulations Committee will meet to 
    consider and develop proposed regulations for early seasons on June 20, 
    21, and 22, and for late seasons on August 1, 2, and 3. Public hearings 
    on proposed early- and late-season frameworks will be held at 9:00 a.m. 
    on June 22 and August 3, 1995, respectively. The comment period for 
    proposed migratory bird hunting-season frameworks for Alaska, Hawaii, 
    Puerto Rico, the Virgin Islands, and other early seasons will end on 
    July 21, 1995, and for late-season proposals will end on September 4, 
    1995.
    ADDRESSES: Meetings of the Service Migratory Bird Regulations Committee 
    will be held in room 200 of the U.S. Fish and Wildlife Service's 
    Arlington Square Building, 4401 N. Fairfax Drive, Arlington, Virginia. 
    Public hearings will be held in the Auditorium of the Department of the 
    Interior Building, 1849 C Street, NW., Washington, DC. Written comments 
    on the proposals and notice of intention to participate in either 
    hearing should be sent to the 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. Comments 
    received will be available for public inspection during normal business 
    hours in room 634, ARLSQ Building, 4401 N. Fairfax Drive, Arlington, 
    Virginia.
    
    FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, Office of 
    Migratory Bird Management, U.S. Fish and Wildlife Service, (703) 358-
    1714.
    
    SUPPLEMENTARY INFORMATION:
    
    Regulations Schedule for 1995
    
        On March 24, 1995, the Service published in the Federal Register 
    (60 FR 15642) a proposal to amend 50 CFR part 20. The proposal dealt 
    with the establishment of seasons, limits, and other regulations for 
    migratory game birds under Secs.  20.101 through 20.107, 20.109, and 
    20.110 of subpart K. This document is the second in a series of 
    proposed, supplemental, and final rules for migratory game bird hunting 
    regulations. Comment periods on this second document are specified 
    above under DATES. Early-season frameworks will be proposed in late 
    June and late-season frameworks in early August. Final regulatory 
    frameworks for early seasons are scheduled for publication on or about 
    August 16, 1995, and those for late seasons on or about September 25, 
    1995.
        On June 22, 1995, a public hearing will be held in Washington, DC, 
    to review the status of migratory shore and upland game birds and 
    waterfowl hunted during early seasons and the recommended hunting 
    regulations for these species.
        On August 3, 1995, a public hearing will be held in Washington, DC, 
    to review the status of waterfowl and recommended hunting regulations 
    for regular waterfowl seasons, and other species and seasons not 
    previously discussed at the June 22 public hearing.
    
    Announcement of Service Migratory Bird Regulations Committee 
    Meetings
    
        The meeting on June 20 is to review information on the current 
    status of migratory shore and upland game birds and to develop 1995-96 
    migratory game bird regulations recommendations for these species plus 
    regulations for migratory game birds in Alaska, Puerto Rico, and the 
    Virgin Islands; special September waterfowl seasons in designated 
    States; special sea duck seasons in the Atlantic Flyway; and extended 
    falconry seasons. The June 21 meeting is to ensure that the Service's 
    regulations recommendations are developed with the benefit of full 
    consultation on the above issues.
        The meeting on August 1 is to review information on the current 
    status of waterfowl and to develop 1995-96 migratory game bird 
    regulations recommendations for regular waterfowl seasons and other 
    species and seasons not previously discussed at the early season 
    meetings. The August 2 meeting is to ensure that the Service's 
    regulations recommendations are developed with the benefit of full 
    consultation on the above issues.
        In accordance with Departmental policy regarding meetings of the 
    Service Migratory Bird Regulations Committee that are attended by any 
    person outside the Department, these meetings will be open to public 
    observation. Members of the public may submit to the Director written 
    comments on the matters discussed.
    
    Announcement of Flyway Council Meetings
    
        Service representatives will be present at the following meetings 
    of Flyway Councils:
        Atlantic Flyway--July 27-28, Charleston, West Virginia (Holiday 
    Inn, Charleston House)
        Mississippi Flyway--July 29-30, Green Bay, Wisconsin (Mid-way Best 
    Western Motel)
        Central Flyway--July 27-28, Custer, South Dakota (Blue Bell Lodge 
    and Resort - Custer State Park)
        Pacific Flyway--July 28, Reno, Nevada (Peppermill Hotel)
        Although agendas are not yet available, these meetings usually 
    commence at 8:30 a.m. on the days indicated.
    
    Review of Public Comments
    
        This supplemental rulemaking describes changes which have been 
    recommended based on the preliminary proposals published on March 24, 
    1995, in the Federal Register. Only those recommendations that would 
    require either new proposals or substantial modification of the 
    preliminary proposals to facilitate effective public participation are 
    included herein. Those that support or oppose but do not recommend 
    alternatives to the preliminary proposals are not included, but will be 
    considered later in the regulations-development process. The Service 
    will publish responses to proposals, written comments, and public-
    hearing testimony when final frameworks are developed.
        The Service seeks additional information and comments on the 
    recommendations contained in this supplemental proposed rule. These 
    recommendations and all associated comments will be considered during 
    development of the final frameworks.
        New proposals and modifications to previously described proposals 
    are discussed below. Wherever possible, they are discussed under 
    headings 
    
    [[Page 37315]]
    corresponding to the numbered items in the March 24, 1995, Federal 
    Register.
    
    1. Ducks
    
        The categories used to discuss issues related to duck harvest 
    management are as follows: (A) General Harvest Strategy, (B) Framework 
    Dates, (C) Season Length, (D) Closed Seasons, (E) Bag Limits, (F) Zones 
    and Split Seasons, and (G) Special Seasons/Species Management. Only 
    those categories containing substantial recommendations are included 
    below.
        A. General Harvest Strategy
        In the March 24, 1995, Federal Register, the Service proposed that 
    the choice of regulations frameworks for the 1995-96 regular duck 
    season be limited to three sets of frameworks similar to those in 
    effect during the 1979-93 hunting seasons. These three framework 
    options were generally described as restrictive, moderate, or liberal. 
    The Service also subsequently proposed in an information package made 
    available on March 24, 1995, specific guidelines for selecting one of 
    these framework packages based on the size of the mallard breeding 
    population and habitat conditions in May 1995. The information package 
    contained specific details of this year's proposed regulatory 
    ``packages'' for each flyway, guidelines for the use of these 
    regulatory packages, and a general description of the harvest 
    management objective and duck population dynamics that were considered 
    in the process. Based on public comments to date, the Service is 
    continuing to refine the guidelines for the use of these regulatory 
    packages and the specific details of the proposed packages for each 
    flyway in this transition year to the Service's proposed development of 
    a more formal and objective decision-making process.
        All four Flyway Councils have endorsed the proposal to limit the 
    choice of 1995-96 frameworks to three packages. However, the Pacific, 
    Central, and Mississippi Flyway Councils recommended some modifications 
    to the specific regulatory packages proposed, and these modifications 
    are identified below under ``Framework Dates'', ``Season Length'', and 
    ``Bag Limits.''
        The Atlantic Flyway Council endorsed the guidelines proposed for 
    selecting a regulations package in 1995, but commented that the 
    guidelines were based only on mid-continent mallards, which comprise a 
    very small portion of the duck harvest in the Atlantic Flyway. The 
    Lower-Region Regulations Committee of the Mississippi Flyway Council 
    also endorsed the guidelines. The Central Flyway Council and the Upper-
    Region Regulations Committee of the Mississippi Flyway Council 
    expressed concerns about using the guidelines before the proposed 
    general approach to managing duck harvests has been thoroughly reviewed 
    by all interested parties. These concerns related only to the 1995-96 
    hunting season. The Pacific Flyway Council supported the general format 
    of the guidelines, but expressed reservations about guidelines based 
    upon mid-continent mallards and a harvest strategy that does not permit 
    greater harvest opportunity on lightly-harvested species. Further, the 
    Council urged development of a specific harvest strategy for pintails, 
    the second-most important species in the Pacific Flyway harvest.
        B. Framework Dates
        In the frameworks packages proposed for 1995-96, the Pacific and 
    Central Flyway Councils and the Upper-Region Regulations Committee of 
    the Mississippi Flyway Council recommended that the framework opening 
    and closing dates in all 3 packages be the Saturday nearest October 1 
    and the Sunday nearest January 20. The Lower-Region Regulations 
    Committee of the Mississippi Flyway Council recommended that the 
    opening and closing dates be the Saturday nearest October 1 and January 
    20 in all three packages.
        C. Season Length
        In the frameworks packages proposed for 1995-96, the Pacific Flyway 
    Council recommended that in the ``restrictive'' package, the season 
    length be 60 days instead of 59 days.
        E. Bag Limits
        In the frameworks packages proposed for 1995-96, the Pacific Flyway 
    Council recommended that mallard daily bag limits be 5 (with 1 hen) 
    instead of 4 (with 1 hen) in the ``moderate'' package and 6 (with 2 
    hens) instead of 6 (with 1 hen) in the ``liberal'' package. The Council 
    also recommended that the pintail daily bag limit in the ``liberal'' 
    package be 3 birds instead of 2.
        The Central Flyway Council recommended reinstating the point-system 
    option for establishing the daily bag limit for ducks in 1995. Further, 
    the Council also would like to work with the Service in another 
    cooperative review of its point-system policy.
        F. Zones and Split Seasons
        The Central Flyway Council recommended that the Service eliminate 
    its policy that States may not zone and/or use a 3-way split season 
    simultaneously within a special management unit and the remainder of 
    the State when establishing duck hunting zones.
        G. Special Seasons/Species Management
        The Upper-Region Regulations Committee of the Mississippi Flyway 
    Council recommended that during the first 9 days of the regular duck 
    season, production States be given the option of 1 additional blue- or 
    green-winged teal in the bag limit during a 3-year experimental period.
        i. Canvasback
        As part of the general harvest strategy, the Pacific Flyway Council 
    recommended that limits on canvasbacks follow the Service's harvest 
    strategy; however, the Council believes that canvasbacks should be 
    managed by western and eastern populations.
        ii. September Teal Seasons
        The Central Flyway Council recommended that the September teal 
    season in the Central Flyway be increased from 9 to 16 days.
    
    4. Canada Geese
    
        A. Special Seasons
        The Atlantic Flyway Council recommended that Delaware and Rhode 
    Island be permitted to initiate a 3-year experimental resident Canada 
    goose season with framework dates of September 1 to 15.
        The Atlantic Flyway Council also recommended that Massachusetts, 
    New Jersey, New York, North Carolina, Pennsylvania, and Virginia be 
    permitted to expand the hunt areas of their experimental goose seasons.
        In North Carolina, the Atlantic Flyway Council requested that the 
    framework date for the experimental resident Canada goose season in the 
    Northeast hunt area be September 1 to 20.
        The Upper-Region Regulations Committee of the Mississippi Flyway 
    Council recommended modification of the early Canada goose seasons 
    criteria to allow any State to conduct a non-experimental special 
    season between the dates of September 1 and 15. The Committee 
    recommended that States continue monitoring hunter activity and success 
    until they begin participation in the Harvest Information Program and 
    close areas where evidence from band recoveries or other sources 
    indicated unacceptable (greater than 10 percent) harvest non-target 
    populations of concern. Special seasons occurring after September 15 
    would be required to meet all existing Service criteria for special 
    resident Canada goose seasons and would not be altered in any way 
    during the 3-year experimental period.
        If the above modifications to the special-season criteria are not 
    approved, 
    
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    the Upper-Region Regulations Committee recommended the following 
    experimental special seasons:
        In Indiana, a Statewide season during September 1 to 15.
        In Illinois, a season in the nine northeast counties of the State 
    during September 9 to 18.
        In Wisconsin, expand the size of the Southeastern Zone for a 
    September 1 to 13 season.
        The Lower-Region Regulations Committee of the Mississippi Flyway 
    Council recommended that the flyway-wide framework for special resident 
    giant Canada goose seasons be September 1 to 15 where areas of concern 
    do not exist.
        In Tennessee, the Lower-Region Regulations Committee of the 
    Mississippi Flyway Council recommended that the zone for the special 
    resident Canada goose season in east Tennessee be expanded from 11 to 
    28 counties, east of and including Anderson, Campbell, Hamilton, Rhea, 
    and Roane Counties. The Committee also recommended that Tennessee be 
    permitted to hold a special September Canada goose season in the 
    Kentucky/Barkley Lakes Zone in west Tennessee.
        The Pacific Flyway Council requested modification of the early 
    Canada goose seasons criteria to allow any State to conduct a season 
    between the dates of September 1 and 15 for a 3-year experimental 
    period. The Council recommended that States continue monitoring hunter 
    activity and success until they begin participation in the Harvest 
    Information Program and close areas where evidence from band recoveries 
    or other sources indicated unacceptable (greater than 10 percent) 
    harvest of non-target populations of concern. Special seasons occurring 
    after September 15 would be required to meet all existing Service 
    criteria for special Canada goose seasons and would not be altered in 
    any way during the 3-year experimental period.
        The Pacific Flyway Council recommended continuation of the early 
    September Canada goose season in southwestern Wyoming and that an 
    experimental hunt be allowed in Teton County, Wyoming, where it would 
    be by State permit (no more than 40 permits may be issued) with 
    framework dates of September 1 to 15 and a maximum limit of 2 Canada 
    geese permitted per season.
        B. Regular Seasons
        The Upper-Region Regulations Committee of the Mississippi Flyway 
    Council recommended a September 23 framework opening date for regular 
    goose seasons in the Upper Peninsula of Michigan and Statewide in 
    Wisconsin.
        The Lower-Region Regulations Committee of the Mississippi Flyway 
    Council recommended that the Canada goose hunting season in Louisiana 
    be expanded from the Southwest Louisiana Zone to Statewide, using the 
    same guidelines followed during the past 5 years.
        The Pacific Flyway Council recommended a daily bag limit of 1 
    cackling Canada goose in northwestern Oregon and southwestern 
    Washington. The Council recommends allowing one additional cackling 
    Canada goose in the bag if additional Canada goose hunting season 
    closures are required to further protect dusky Canada geese, however, 
    and provided that the 1995 breeding pair index indicates a continued 
    increase in the cackling Canada goose population and the strategy for 
    harvesting not more than 1,500 in northwestern Oregon and 1,000 in 
    southwestern Washington remains unchanged.
    
    7. Snow and Ross's (Light) Geese
    
        The Central Flyway Council recommended that framework dates for 
    hunting light geese in the Central Flyway be extended to March 10.
    
    8. Tundra Swans
    
        The Pacific Flyway Council recommended a 5-year experimental swan 
    season that would allow a restricted take of trumpeter swans in 
    otherwise tundra swan hunting seasons, with the previous tundra swan 
    seasons and areas open to hunting being modified to minimize the take 
    of trumpeter swans. The Council seeks a responsible balance between its 
    efforts to enhance expansion of the Rocky Mountain Population (RMP) of 
    trumpeter swans and accommodate opportunities to hunt tundra swans.
        The Pacific Flyway Council recommended changing the closing date 
    for swan hunting seasons from the Sunday closest to January 20 to 
    December 1 for Montana, the Sunday closest to December 15 for Utah, and 
    the Sunday following January 1 for Nevada.
        The Pacific Flyway Council also recommended changes to the swan 
    hunt areas in Montana and Utah. In Montana, those portions of Pondera 
    and Teton Counties west of U.S. Highways 287-89 would be deleted from 
    the open area, while Choteau County would be added. Utah would be 
    reduced from the Statewide hunt area that existed prior to 1994 to just 
    the Great Salt Lake Basin, i.e., those portions of Box Elder, Weber, 
    Davis, Salt Lake, and Tooele Counties bounded by Utah State Highway 30, 
    Interstate 80/84, Interstate 15, and Interstate 80.
        The Pacific Flyway Council also recommended that the number of swan 
    permits remain unchanged at 500 for Montana and 650 for Nevada but 
    increased from 2,500 to 2,750 for Utah. The Council deemed the increase 
    in Utah permits as appropriate to partially offset anticipated 
    reduction in swan hunting opportunities resulting from the recommended 
    changes.
        In addition to the foregoing changes, the Pacific Flyway Council 
    proposed limiting the potential take of trumpeter swans by establishing 
    a quota of 20 trumpeter swans which would be divided between Utah and 
    Nevada prior to the season. A State season would be allowed, within the 
    frameworks, so long as that quota had not been attained; however, the 
    season would be closed through emergency action by the affected State 
    upon attainment of that quota. To measure the take of trumpeters with 
    respect to the quota, the Council recommended hunters in Utah and 
    Nevada be required to participate in a mandatory parts check at 
    designated sites within 72 hours of harvesting any swan. In Montana, 
    where there would be no recommended quota, species composition of the 
    harvest would be determined through the voluntary bill-measurement card 
    program currently operated by the State.
        Mr. Laurence N. Gillette, representing The Trumpeter Swan Society 
    (TTSS), submitted an integrated package of recommendations for 
    enhancing efforts to expand both the winter and summer range of RMP of 
    trumpeter swans while allowing continuation of significantly modified 
    tundra swan seasons in Montana, Utah, and Nevada. Dispersal of 
    trumpeter swans from winter concentration areas in less-than-optimum, 
    high-mountain habitats in the Tri-state Area of Montana, Wyoming, and 
    Idaho is deemed of primary importance and, if accomplished, would 
    likely result in trumpeter swans following tundra swan migration 
    corridors through hunt areas in Utah and Nevada enroute to California.
        Aside from recommendations regarding management actions directed 
    only at RMP trumpeter swans, TTSS recommended that the Service minimize 
    the mortality of trumpeters during tundra swan seasons by: (1) 
    authorizing seasons only during times of peak tundra swan abundance 
    when the generally later-arriving RMP trumpeter swans are less likely 
    to be present and the ratio of tundra to trumpeters is highest, i.e., 
    Montana and Utah - open early to mid-October and close by December 1, 
    Nevada - open early to mid-October and close by January 1; (2) 
    authorizing tundra swan hunting only 
    
    [[Page 37317]]
    in key tundra swan hunting areas, i.e., Montana (Pacific Flyway 
    portion) - Freezeout Lake and currently hunted areas east of U.S. 
    Highway 287 between Augusta and Choteau and east of U.S. Highway 89 
    between Choteau and the Blackfeet Indian Reservation; Utah - Great Salt 
    Lake Basin, specifically those portions of Box Elder, Weber, Davis, 
    Salt Lake and Tooele Counties that lie south of Utah State Highway 30 
    and Interstate 84, west of Interstate 15, and north of Interstate 80; 
    Nevada - same as in 1994 because swan hunting is currently restricted 
    to concentration areas in western Nevada; and (3) identifying specific 
    hunt management actions and prohibitions on the Bear River Migratory 
    Bird Refuge in Utah.
        Should the above three recommendations regarding tundra swan 
    hunting be fully implemented, TTSS would not object to the Service 
    authorizing an accidental harvest quota of not more than 25 trumpeter 
    swans for the Pacific Flyway States and, thereby, removing liability 
    from tundra swan hunters mistakenly shooting a trumpeter swan. The 
    quota would be subject to the following: (1) the quota would be 
    allocated prior to the season, (2) a State could optionally zone and 
    allocate the quota among zones before the season, but the zone or 
    entire Statewide hunt area will close immediately if the quota is 
    attained, (3) require that swans be tagged immediately and brought in 
    to be checked and measured within 3 days, and (4) each permittee must 
    either check a tagged bird or submit an unused tag at the end of the 
    season, with penalties for noncompliance. Specific efforts to monitor 
    RMP trumpeter swans and to educate hunters were recommended.
        Service Response: During 1994, the Service restricted the tundra 
    swan season and hunt areas in Utah and required Montana, Utah, and 
    Nevada to measure the accidental take, if any, of trumpeter swans 
    during the tundra swan seasons. Pending reports on the occurrence and 
    take of trumpeter swans in the hunt areas last year, possible 
    additional changes may be warranted. The Service believes continued 
    tundra swan hunting in these three States is warranted but that seasons 
    may be modified to minimize, but not preclude, the accidental take of 
    trumpeter swans. A general swan season with a limited, biologically 
    acceptable, but very controlled take of trumpeter swans may be a 
    feasible approach to accommodate management objectives for both 
    species. Final decision on such an approach, however, will be deferred 
    until the late-season final frameworks, when all public comment has 
    been considered.
    
    9. Sandhill Cranes
    
        The Central Flyway Council recommended that the Wyoming sandhill 
    crane hunting season be expanded to Park and Bighorn Counties.
        The Pacific Flyway Council recommended following the management 
    plan with respect to seasons on the Rocky Mountain Population of 
    greater sandhill cranes. Pending final results of the March 1995 survey 
    which should be available in June 1995, harvest guidelines would allow 
    an open season in the States of Arizona, Colorado, Idaho, Montana, New 
    Mexico, Utah, and Wyoming if the population is above 16,000 cranes; 
    otherwise, there would be no open season. With an open season, there 
    would be no change in frameworks.
    
    14. Woodcock
    
        The Atlantic Flyway Council recommended that woodcock season 
    frameworks remain unchanged in the Eastern Region for 1995-96 unless 
    adverse weather substantially depresses the breeding populations as 
    measured by the 1995 Singing Ground Survey. The Council believes that 
    population declines are attributed to habitat loss and degradation 
    rather than due to current harvest levels.
    
    18. Alaska
    
        The Pacific Flyway Council recommended changes in bag and 
    possession limits for ducks in Alaska. Specifically, the Council 
    requested for the framework set and the combined moderate-liberal 
    framework set, respectively, the following bag and possession limits: 
    North Zone 8/24 or 10/30, Gulf Coast Zone 6/18 or 8/24, and Southeast, 
    Pribilof/Aleutian, and Kodiak zones 5/15 or 7/21; pintail limits 2/4; 
    and canvasback limits 2/4. Sea duck limits of 15/30 would be separate, 
    with seasons to remain closed on spectacled and Steller's eiders.
    
    20. Puerto Rico
    
        Puerto Rico recommended that the daily bag limit for ducks be 
    increased from 3 to 4 birds and that the daily bag limit for snipe be 
    increased from 6 to 8 birds.
    
    Public Comment Invited
    
        The Service intends that adopted final rules be as responsive as 
    possible to all concerned interests, and therefore desires to obtain 
    for consideration the comments and suggestions of the public, other 
    concerned governmental agencies, non-governmental organizations, and 
    other private interests on these proposals. Such comments, and any 
    additional information received, may lead to final regulations that 
    differ from these proposals.
        Special circumstances are involved in the establishment of these 
    regulations which limit the amount of time that the Service can allow 
    for public comment. Specifically, two considerations compress the time 
    in which the rulemaking process must operate: (1) the need to establish 
    final rules at a point early enough in the summer to allow affected 
    State agencies to appropriately adjust their licensing and regulatory 
    mechanisms; and (2) the unavailability, before mid-June, of specific, 
    reliable data on this year's status of some waterfowl and migratory 
    shore and upland game bird populations. Therefore, the Service believes 
    that to allow comment periods past the dates specified is contrary to 
    the public interest.
    
    Comment Procedure
    
        It is the policy of the Department of the Interior, whenever 
    practical, to afford the public an opportunity to participate in the 
    rulemaking process. Accordingly, interested persons may participate by 
    submitting written comments to the 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. Comments 
    received will be available for public inspection during normal business 
    hours at the Service's office in room 634, Arlington Square Building, 
    4401 N. Fairfax Drive, Arlington, Virginia. All relevant comments 
    received during the comment period will be considered. The Service will 
    attempt to acknowledge received comments, but substantive response to 
    individual comments may not be provided.
    
    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. Notice of Availability 
    was published in the Federal Register on June 16, 1988 (53 FR 22582). 
    The Service's Record of Decision was published 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 Consideration
    
        As in the past, hunting regulations this year will be designed, 
    among other 
    
    [[Page 37318]]
    things, to remove or alleviate chances of conflict between seasons for 
    migratory game birds and the protection and conservation of endangered 
    and threatened species. Consultations are presently under way to ensure 
    that actions resulting from these regulatory proposals will not likely 
    jeopardize the continued existence of endangered or threatened species 
    or result in the destruction or adverse modification of their critical 
    habitat. It is possible that the findings from the consultations, which 
    will be included in a biological opinion, may cause modification of 
    some regulatory measures proposed in this document. Any modifications 
    will be reflected in the final frameworks. The Service's biological 
    opinions resulting from its consultation under Section 7 are considered 
    public documents and are available for public inspection in the 
    Division of Endangered Species and the Office of Migratory Bird 
    Management, U.S. Fish and Wildlife Service, Arlington Square Building, 
    4401 N. Fairfax Drive, Arlington, Virginia.
    
    Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the 
    Paperwork Reduction Act
    
        In the Federal Register dated March 24, 1995 (60 FR 15642), the 
    Service reported measures it had undertaken to comply with requirements 
    of the Regulatory Flexibility Act and the Executive Order. These 
    included preparing an Analysis of Regulatory Effects and an updated 
    Final Regulatory Impact Analysis (FRIA), and publication of a summary 
    of the latter. Although a FRIA is no longer required, the economic 
    analysis contained in the FRIA was reviewed and the Service determined 
    that it met the requirements of E.O. 12866. However, the Service is 
    currently preparing a Small Entity Flexibility Analysis, under the 
    Regulatory Flexibility Act (5 U.S.C. 601 et seq), to further document 
    the significant beneficial economic effect on a substantial number of 
    small entities. This rule was not subject to review by the Office of 
    Management and Budget (OMB) under E.O. 12866.
        These proposed regulations contain no information collections 
    subject to OMB review under the Paperwork Reduction Act of 1980 (44 
    U.S.C. 3501 et seq.). However, the Service does utilize information 
    acquired through other various information collections in the 
    formulation of migratory game bird hunting regulations. These 
    information collection requirements have been approved by OMB and 
    assigned clearance numbers 1018-0005, 1018-0006, 1018-0008, 1018-0009, 
    1018-0010, 1018-0015, 1018-0019, and 1018-0023.
    
    Authorship
    
        The primary authors of this proposed rule are Ron W. Kokel and 
    Patricia R. Hairston, Office of Migratory Bird Management.
    
    List of Subjects in 50 CFR part 20
    
        Exports, Hunting, Imports, Reporting and recordkeeping 
    requirements, Transportation, Wildlife.
    
        The rules that eventually will be promulgated for the 1995-96 
    hunting season are authorized under the Migratory Bird Treaty Act (July 
    3, 1918), as amended, (16 U.S.C. 703-711); the Fish and Wildlife 
    Improvement Act (November 8, 1978), as amended, (16 U.S.C. 712); and 
    the Fish and Wildlife Act of 1956 (August 8, 1956), as amended, (16 
    U.S.C. 742 a-d and e-j).
        Dated: June 5, 1995.
    George T. Frampton, Jr.,
    Assistant Secretary for Fish and Wildlife and Parks.
    
    [FR Doc. 95-14756 Filed 6-15-95; 8:45 am]
    BILLING CODE 4310-55-F
    
    Editorial Note: This document was originally published at 60 FR 
    31890, June 16, 1995, and is being reprinted in its entirety because 
    of typesetting errors.