[Federal Register Volume 64, Number 187 (Tuesday, September 28, 1999)]
[Rules and Regulations]
[Pages 52398-52421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25155]
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Part III
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 20
Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for
Certain Migratory Game Birds; Final Rule
Federal Register / Vol. 64, No. 187 / Tuesday, September 28, 1999 /
Rules and Regulations
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AF24
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 the taking of designated species
during the 1999-2000 season.
DATE: This rule takes effect on October 1, 1999.
ADDRESSES: You may inspect comments during normal business hours in
room 634, Arlington Square Building, 4401 N. Fairfax Drive, Arlington,
Virginia.
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, 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. The July 22 supplement also established the final
regulatory alternatives for the 1999-2000 duck hunting season.
On August 3-4, 1999, we held meetings, as announced in the May 3
and June 17 Federal Registers, to review the status of waterfowl. On
August 27, 1999, we published a fourth document (64 FR 47048) which
dealt specifically with proposed frameworks for the 1999-2000 late-
season migratory bird hunting regulations. On August 27, 1999, we also
published a fifth document (64 FR 47072) 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 for the 1999-2000 season. On August 31, 1999, we published in
the Federal Register (64 FR 47418) a sixth 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. We 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 1999-2000 in a
seventh document in the September 27, 1999, Federal Register.
The final rule described here is the eighth and final in the series
of proposed, supplemental, and final rulemaking documents for migratory
game bird hunting regulations for 1999-2000 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 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 Considerations
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. Final frameworks reflect any modifications. The biological
opinions resulting from Section 7 consultation are public documents
available for inspection in either the Service's Division of Endangered
Species or 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. 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
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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 (expires 09/30/2001). 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.
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 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. We annually prescribe 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, 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: September 15, 1999.
Donald J. Barry
Assistant Secretary for Fish and Wildlife and Parks.
PART 20--[AMENDED]
For the reasons set out in the preamble, the Service amends title
50, chapter I, subchapter B, part 20, subpart K 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. 99-25155 Filed 9-27-99; 8:45 am]
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