[Federal Register Volume 60, Number 169 (Thursday, August 31, 1995)]
[Rules and Regulations]
[Pages 45628-45642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21781]
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Part IX
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 20
Migratory Bird Hunting: Seasons, Limits, and Shooting Hours;
Establishment, etc.; Final Rule
Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 /
Rules and Regulations
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[RIN 1018-AC79]
Migratory Bird Hunting; Early Seasons and Bag and Possession
Limits for Certain Migratory Game Birds in the Contiguous United
States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule prescribes the hunting seasons, hours, areas, and
daily bag and possession limits of mourning, white-winged, and white-
tipped doves; band-tailed pigeons; rails; moorhens and gallinules;
woodcock; common snipe; sandhill cranes; sea ducks; early (September)
waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico,
and the Virgin Islands; and some extended falconry seasons. Taking of
migratory birds is prohibited unless specifically provided for by
annual regulations. This rule will permit taking of designated species
during the 1995-96 season.
EFFECTIVE DATE: August 31, 1995.
FOR FURTHER INFORMATION CONTACT:
Paul R. Schmidt, 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 1995
On March 24, 1995, the Service published for public comment in the
Federal Register (60 FR 15642) a proposal to amend 50 CFR part 20, with
comment periods ending July 21, 1995, for early-season proposals and
September 4, 1995, for late-season proposals. Due to some unforeseen
and uncontrollable publishing delays in the proposed early-season
regulations frameworks, the Service had to extend the public comment
period to July 31, 1995. On June 16, 1995, the Service published for
public comment a second document (60 FR 31890) which provided
supplemental proposals for early- and late-season migratory bird
hunting regulations frameworks. On June 22, 1995, a public hearing was
held in Washington, DC, as announced in the March 24 and June 16
Federal Registers to review the status of migratory shore and upland
game birds. Proposed hunting regulations were discussed for these
species and for other early seasons. On July 21, 1995, the Service
published in the Federal Register (60 FR 37754) a third document in the
series of proposed, supplemental, and final rulemaking documents which
dealt specifically with proposed early-season frameworks for the 1995-
96 season. On August 3, 1995, a public hearing was held in Washington,
DC, as announced in the March 24, June 16, and July 21 Federal
Registers, to review the status of waterfowl. Proposed hunting
regulations were discussed for late seasons. The fourth document in the
series, published August 28, 1995 (60 FR 44463), dealt specifically
with proposed frameworks for the 1995-96 late-season migratory bird
hunting regulations. On August 29, 1995, the Service published a fifth
document (60 FR 45020) 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. The final rule
described here is the sixth in the series of proposed, supplemental,
and final rulemaking documents for migratory game bird hunting
regulations and deals specifically with amending subpart K of 50 CFR 20
to set hunting seasons, hours, areas, and limits for mourning, white-
winged, and white-tipped doves; band-tailed pigeons; rails; moorhens
and gallinules; woodcock; common snipe; sandhill cranes; sea ducks;
early (September) waterfowl seasons; mourning doves in Hawaii;
migratory game birds in Alaska, Puerto Rico, and the Virgin Islands;
and some extended falconry seasons.
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 (SEIS 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
In August 1995, the Division of Endangered Species concluded that
the proposed action is not likely to jeopardize the continued existence
of listed species or result in the destruction or adverse modification
of their critical habitats. Hunting regulations are designed, among
other things, to remove or alleviate chances of conflict between
seasons for migratory game birds and the protection and conservation of
endangered and threatened species and their habitats. The Service's
biological opinions resulting from its consultation under Section 7 are
considered public documents and are available for inspection in the
Division of Endangered Species and the Office of Migratory Bird
Management.
Regulatory Flexibility Act; Executive Order 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. In addition, the Service
prepared a Small Entity Flexibility Analysis, under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), which further document the
significant beneficial economic effect on a substantial number of small
entities. This rule was reviewed under E.O. 12866.
These 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.
Regulations Promulgation
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
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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 this
final rulemaking, the States and Territories would have insufficient
time to establish and publicize the necessary regulations and
procedures to implement their decisions. The Service therefore finds
that ``good cause'' exists, within the terms of 5 U.S.C. 553(d)(3) of
the Administrative Procedure Act, and these regulations 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 to be 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.
Authorship
The primary author of this rule is Ron W. Kokel of the Office of
Migratory Bird Management.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Dated: August 29, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
For the reasons set out in the preamble, title 50, chapter I,
subchapter B, part 20, subpart K is amended as follows:
PART 20--[AMENDED]
1. The authority citation for part 20 is revised to read as
follows:
Authority: 16 U.S.C. 703-711, 16 U.S.C. 712, and 16 U.S.C. 742a-
j.
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[FR Doc. 95-21781 Filed 8-30-95; 8:45 am]
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