[Federal Register Volume 63, Number 168 (Monday, August 31, 1998)]
[Rules and Regulations]
[Pages 46336-46355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23385]
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Part V
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
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50 CFR Part 20
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; Final Rule
Federal Register / Vol. 63, No. 168 / Monday, August 31, 1998 / Rules
and Regulations
[[Page 46336]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AE93
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 permits taking of designated species
during the 1998-99 season.
DATES: This rule is effective on September 1, 1998.
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 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 game birds under Secs. 20.101 through 20.107, 20.109, and
20.110 of subpart K. 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 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 28, 1998, the
Service published a fifth document on migratory bird hunting. The
document contained 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. On August 25, 1998, the
Service published a sixth document (63 FR 45350) on migratory bird
hunting. The sixth document dealt specifically with proposed frameworks
for the 1998-99 late-season migratory bird hunting regulations. The
final rule described here is the seventh 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. It sets 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; youth waterfowl hunting day; 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 (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 were conducted to ensure that actions
resulting from these regulations would not likely jeopardize the
continued existence of endangered or threatened species or result in
the destruction or adverse modification of their critical habitat.
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 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. 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
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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 proposed 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, N.W., Washington, D.C.
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
08/31/1998). The renewal clearance packet was submitted to OMB July 22,
1998. 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
information collection requirements of the Sandhill Crane Harvest
Questionnaire have been approved by OMB and assigned clearance number
1018-0023 (expires 09/30/2000). The information from this survey is
used to estimate the magnitude, the geographical and temporal
distribution of harvest, and the portion it constitutes of the total
population. 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.
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 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 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 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.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
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Dated: August 25, 1998.
Donald Barry,
Assistant Secretary for Fish and Wildlife and Parks.
PART 20--[AMENDED]
For the reasons set out in the preamble, title 50, chapter I,
subchapter B, Part 20, subpart K of the Code of Federal Regulations is
amended 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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[FR Doc. 98-23385 Filed 8-28-98; 8:45 am]
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