[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50738-50764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24859]
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SOCIAL SECURITY ADMINISTRATION
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AD69
Migratory Bird Hunting; Late Seasons and Bag and Possession
Limits for Certain Migratory Game Birds
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 general waterfowl seasons and those
early seasons for which States previously deferred selection. Taking of
migratory birds is prohibited unless specifically provided for by
annual regulations. This rule permits taking of designated species
during the 1996-97 season.
EFFECTIVE DATE: September 27, 1996.
ADDRESSES: The public may inspect comments 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
[[Page 50739]]
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 Sections 20.101 through 20.107, 20.109, and
20.110 of subpart K. These regulations were proposed for certain
designated members of the avian families Anatidae (ducks, geese, and
swans), Columbidae (doves and pigeons), Gruidae (cranes), Rallidae
(rails, coots, moorhens, and gallinules), and Scolopacidae (woodcock
and snipe), designated as ``migratory game birds'' in conventions
between the United States and several foreign nations for their
protection and management. All other birds designated as migratory
(under 10.13 of Subpart B of 50 CFR Part 10) in the aforementioned
conventions may not be hunted. 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. The June 13 supplement also provided
detailed information on the 1996-97 regulatory schedule and announced
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 1996-97 regulatory alternatives for duck hunting and its
intent to consider establishing a special youth waterfowl hunting day.
On June 27, 1996, the Service held a public hearing in Washington, DC,
as announced in the March 22 and June 14 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 22, 1996, the Service published in the Federal
Register (61 FR 37994) a fourth document specifically dealing with
proposed early-season frameworks for the 1996-97 season. This document
also extended the public comment period to August 1, 1996, for early-
season proposals.
On August 2, 1996, the Service held a public hearing in Washington,
DC, as announced in the March 22, June 14, and July 22 Federal
Registers, to review the status of waterfowl and discuss proposed
hunting regulations for late seasons. On August 15, 1996, (61 FR
42506), the Service published a fifth and sixth document on migratory
bird hunting. The fifth document dealt specifically with proposed
frameworks for the 1996-97 late-season migratory bird hunting
regulations while the sixth document proposed establishing a youth
waterfowl hunting day for the 1996-97 duck-hunting season. On August
29, 1996, the Service published a seventh document 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. On August 30, 1996, the Service published in the Federal
Register (61 FR 46357) an eighth document consisting of a final rule
amending subpart K of title 50 CFR part 20 to set hunting seasons,
hours, areas, and limits for early seasons. On September 18, 1996, the
Service published a ninth document on the final frameworks for
establishing a youth waterfowl hunting day. The Service published on
September 20, 1996, a tenth document consisting of a final rule
amending subpart K of title 50 CFR Part 20 to set hunting seasons,
hours, areas, and limits for the youth waterfowl hunting day. The
Service published final late-season frameworks for migratory game bird
hunting regulations, from which State wildlife conservation agency
officials selected late-season hunting dates, hours, areas, and limits
for 1996-97 in an eleventh document in the September 26, 1996, Federal
Register. The final rule described here is the twelfth and final in the
series of proposed, supplemental, and final rulemaking documents for
migratory game bird hunting regulations for 1996-97 and deals
specifically with amending subpart K of 50 CFR part 20 to set hunting
seasons, hours, areas, and limits for species subject to late-season
regulations and those for early seasons that States previously
deferred.
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 were 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 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, and September 26, 1996, Federal Registers, the
Service reported measures it took to comply with requirements of the
Regulatory Flexibility Act and E.O. 12866. To document the significant
beneficial economic effect on a substantial number of small entities,
the Service prepared a Small Entity Flexibility Analysis that estimated
migratory bird hunters would spend between $254 and $592 million at
small businesses in 1996. Copies are available upon request from the
Office of Migratory Bird Management. This rule was reviewed by the
Office of Management and Budget (OMB) under E.O. 12866. The Department
examined these proposed regulations under the Paperwork Reduction Act
of 1995. The various information collection requirements are utilized
in the formulation of migratory game bird hunting regulations. OMB has
approved these information collection requirements and assigned
clearance numbers 1018-0015 and 1018-0023.
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.
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
[[Page 50740]]
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.
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.
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 24, 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 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. 96-24859 Filed 9-26-96; 8:45 am]
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