[Federal Register Volume 61, Number 184 (Friday, September 20, 1996)]
[Rules and Regulations]
[Pages 49638-49643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24273]
[[Page 49637]]
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Part V
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 20
Migratory Bird Hunting; Seasons and Bag Limits for the 1996-97 Youth
Waterfowl Hunting Day; Final Rule
Federal Register / Vol. 61, No. 184 / Friday, September 20, 1996 /
Rules and Regulations
[[Page 49638]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AD69
Migratory Bird Hunting; Seasons and Bag Limits for the 1996-97
Youth Waterfowl Hunting Day
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 for the youth waterfowl hunting day for
the 1996-97 duck-hunting season. Taking of migratory birds is
prohibited unless specifically provided for by annual regulations. This
rule permits the taking of designated species during the 1996-97
season. These selections will be published in the Federal Register as
amendments to Sec. 20.105 of title 50 CFR part 20.
EFFECTIVE DATE: September 21, 1996.
ADDRESSES: Comments received will be available for public inspection
during normal business hours in room 634, Arlington Square 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, Department
of the Interior, ms 634--ARLSQ, 1849 C Street, NW., Washington, DC
20240, (703) 358-1714.
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 1996
On March 22, 1996, the Service published in the Federal Register
(61 FR 11992) 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 June 13, 1996, the Service published in the
Federal Register (61 FR 30114) a second document providing supplemental
proposals for early- and late-season migratory bird hunting regulations
frameworks, detailing information on the 1996-97 regulatory schedule,
and announcing the Service Migratory Bird Regulations Committee and
Flyway Council meetings. On June 14, 1996, the Service published in the
Federal Register (61 FR 30490) a third document describing the
Service's proposed regulatory alternatives for the 1996-97 duck hunting
season and the Service's consideration of a proposed youth waterfowl
hunting day. On August 15, 1996, the Service published in the Federal
Register (61 FR 425000) a proposal for the establishment of a special
youth waterfowl hunting day. On September 18, 1996, the Service
published the final framework for establishing a youth waterfowl
hunting day for the 1996-97 migratory bird hunting season from which
wildlife conservation agency officials from the States selected hunting
dates, hours, areas, and limits. The final rule described here deals
specifically with amending subpart K of 50 CFR part 20. It sets hunting
seasons, hours, areas, and limits for the youth waterfowl hunting day.
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 Consideration
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 have been conducted to ensure that
actions resulting from these regulations 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 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; Executive Order (E.O.) 12866 and the
Paperwork Reduction Act
In the March 22, 1996, Federal Register, the Service reported
measures it took to comply with requirements of the Regulatory
Flexibility Act and E.O. 12866. One measure was to prepare a Small
Entity Flexibility Analysis (Analysis) documenting the significant
beneficial economic effect on a substantial number of small entities.
The Analysis estimated that migratory bird hunters would spend between
$254 and $592 million at small businesses in 1996. Copies of the
Analysis are available upon request from the Office of Migratory Bird
Management. This rule was not subject to review by the Office of
Management and Budget under E.O. 12866.
The Service examined these proposed regulations under the Paperwork
Reduction Act of 1995 and found no information collection requirements.
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 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.
Unfunded Mandates
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.
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Civil Justice Reform--Executive Order 12988
The Department, in promulgating this proposed rule, has determined
that these regulations meet the applicable standards provided in
Sections 3(a) and 3(b)(2) of Executive Order 12988.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Dated: September 17, 1996
George T. Frampton, Jr
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 is amended as follows.
1. The authority citation for Part 20 is revised 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. 96-24273 Filed 9-19-96; 8:45 am]
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