[Federal Register Volume 64, Number 168 (Tuesday, August 31, 1999)]
[Rules and Regulations]
[Pages 47418-47437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22384]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AF24
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 1999-2000 season.
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DATES: This rule is effective on September 1, 1999.
FOR FURTHER INFORMATION CONTACT: Jonathan Andrew, Chief, or Ron W.
Kokel, Office of Migratory Bird Management, U.S. Fish and Wildlife
Service, (703) 358-1714.
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 1999
On May 3, 1999, the U.S. Fish and Wildlife Service (hereinafter
Service or we) published in the Federal Register (64 FR 23742) 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 Sec. 20.101 through 20.107, 20.109, and 20.110 of
subpart K. On June 17, we published in the Federal Register (64 FR
32758) a second document providing supplemental proposals for early-and
late-season migratory bird hunting regulations frameworks and the
proposed regulatory alternatives for the 1999-2000 duck hunting season.
The June 17 supplement also provided detailed information on the 1999-
2000 regulatory schedule and announced the Service Migratory Bird
Regulations Committee and Flyway Council meetings.
On June 22-23, we held meetings that reviewed information on the
current status of migratory shore and upland game birds and developed
1999-2000 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. In addition, we reviewed and discussed
preliminary information on the status of waterfowl as it relates to the
development and selection of the regulatory packages for the 1999-2000
regular waterfowl seasons. On July 22, we published in the Federal
Register (64 FR 39460) a third document specifically dealing with the
proposed frameworks for early-season regulations for the 1999-2000 duck
hunting season.
On August 3-4, 1999, we held a public meeting in Washington, DC, as
announced in the May 3, and June 17 Federal Registers, to review the
status of waterfowl. Proposed hunting regulations were discussed for
late seasons. On August 27, 1999, we published a fifth document on
migratory bird hunting. The fifth document dealt specifically with
proposed frameworks for the 1999-2000 late-season migratory bird
hunting regulations. On August 27, 1999, we also published a sixth
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.
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 the Environmental Protection Agency on June 9, 1988.
We published a Notice of Availability in the Federal Register on June
16, 1988 (53 FR 22582). We published our Record of Decision on August
18, 1988 (53 FR 31341). Copies are available from the address indicated
under the caption ADDRESSES.
Endangered Species Act Consideration
As in the past, we design 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. We conducted consultations 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.
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
biological opinions resulting from our 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.
Executive Order (E.O.) 12866
Collectively, the rules covering the overall frameworks for
migratory bird hunting are economically significant and have been
reviewed by the Office of Management and Budget (OMB) under E.O. 12866.
This rule is a small portion of the overall migratory bird hunting
frameworks and was not individually submitted and reviewed by OMB under
E.O. 12866.
Regulatory Flexibility Act
These regulations have a significant economic impact on substantial
numbers of small entities under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). We analyzed the economic impacts of the annual
hunting regulations on small business entities in detail and issued a
Small Entity Flexibility Analysis (Analysis) in 1998. The Analysis
documented the significant beneficial economic effect on a substantial
number of small entities. The primary source of information about
hunter expenditures for migratory game bird hunting is the National
Hunting and Fishing Survey, which is conducted at 5-year intervals. The
Analysis was based on the 1996 National Hunting and Fishing Survey and
the U.S. Department of Commerce's County Business Patterns from which
it was estimated that migratory bird hunters would spend between $429
and $1,084 million at small businesses in 1998. Copies of the Analysis
are available upon request.
Small Business Regulatory Enforcement Fairness Act
This rule is a major rule under 5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act. For the reasons outlined above,
this rule has an annual effect on the economy of $100 million or more.
However, because this rule establishes hunting seasons, we do not plan
to defer the effective date under the exemption contained in 5 U.S.C.
808(1) .
Paperwork Reduction Act
We examined these regulations under the Paperwork Reduction Act of
1995. We utilize the various recordkeeping and reporting requirements
imposed under regulations established in 50 CFR part 20, Subpart K, in
the formulation of migratory game bird hunting regulations.
Specifically, OMB has approved the information collection requirements
of the Migratory Bird Harvest Information Program and assigned
clearance number 1018-0015
[[Page 47420]]
(expires 9/30/2001). This information is used to provide a sampling
frame for voluntary national surveys to improve our harvest estimates
for all migratory game birds in order to better manage these
populations. OMB has also approved the information collection
requirements of the Sandhill Crane Harvest Questionnaire and assigned
clearance number 1018-0023 (expires
9/30/2000). 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. A Federal agency
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
We have determined and certify, 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 found in Sections 3(a)
and 3(b)(2) of Executive Order 12988.
Takings Implication Assessment
In accordance with Executive Order 12630, this rule, authorized by
the Migratory Bird Treaty Act, does not have significant takings
implications and does not affect any constitutionally protected
property rights. This rule 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
otherwise unavailable privileges; and, therefore, reduce restrictions
on the use of private and public property.
Federalism Effects (E.O. 12612)
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. We annually prescribe frameworks from
which the States make selections and employ 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 regulations. 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 E.O. 12612,
these regulations do not have significant federalism effects and do not
have sufficient federalism implications to warrant 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, we intend that
the public be given the greatest possible opportunity to comment on the
regulations. Thus, when the preliminary proposed rulemaking was
published, we established what we believed were the longest periods
possible for public comment. In doing this, we 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 would have insufficient time to implement
their selected season dates and limits and start their seasons in a
timely manner.
We therefore find 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.
Dated: August 24, 1999.
Donald J. 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. 742a-j.
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[FR Doc. 99-22384 Filed 8-30-99; 8:45 am]
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