[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Rules and Regulations]
[Pages 50746-50747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-10929]
[[Page 50745]]
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Part XI
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 20
Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for
Certain Migratory Game Birds; Final Rule
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 /
Rules and Regulations
[[Page 50746]]
4310-55
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AC79
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 will permit taking of designated species
during the 1995-96 season.
EFFECTIVE DATE: September 29, 1995.
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 1995
On March 24, 1995, the Service published for public comment in the
Federal Register (60 FR 15642) a proposal to amend 50 CFR part 20, with
comment periods ending July 21 for early-season proposals and September
4 for late-season proposals. Due to some unforeseen and uncontrollable
publishing delays in the proposed early- and late-season regulations
frameworks, the Service extended the public comment period to July 31
for early seasons and September 7 for late seasons. These regulations
would be 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). These species are designated as
``migratory game birds'' in conventions between the United States and
several foreign nations for the protection and management of these
birds. 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 16, 1995, the Service published for public comment a
second document (60 FR 31890) which provided supplemental proposals for
early- and late-season migratory bird hunting regulations frameworks.
On June 22, 1995, a public hearing was held in Washington, DC, as
announced in the March 24 and June 16 Federal Registers, to review the
status of migratory shore and upland game birds. Proposed hunting
regulations were discussed for these species and for other early
seasons. On July 21, 1995, the Service published in the Federal
Register (60 FR 37754) a third document in the series of proposed,
supplemental, and final rulemaking documents which dealt specifically
with proposed early-season frameworks for the 1995-96 season. On August
3, 1995, a public hearing was held in Washington, DC, as announced in
the March 24, June 16, and July 21 Federal Registers, to review the
status of waterfowl. Proposed hunting regulations were discussed for
these late seasons. On August 28, 1995, the Service published a fourth
document (60 FR 44463) which dealt specifically with proposed
frameworks for the 1995-96 late-season migratory bird hunting
regulations. The fifth document in the series, published August 29,
1995 (60 FR 45020), 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 for 1995-96. On August 31,
1995, the Service published in the Federal Register (60 FR 45628) 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. On September 27, 1995, the Service published a seventh
document in the Federal Register consisting of 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 1995-96. The final rule
described here is the eighth in a series of proposed, supplemental, and
final rulemaking documents for migratory game bird hunting regulations
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 were 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. Notice of Availability was
published in the Federal Register on June 16, 1988 (53 FR 22582). The
Service's Record of Decision was published on August 18, 1988 (53 FR
31341). However, this programmatic document does not prescribe year-
specific regulations; those are developed annually. The annual
regulations and options are being considered in the Environmental
Assessment, ``Waterfowl Hunting Regulations for 1995,'' which is
available upon request.
Endangered Species Act Consideration
In August 1995, the Division of Endangered Species concluded that
the action is not likely to jeopardize the continued existence of
listed species or result in the destruction or adverse modification of
their critical habitats. Hunting regulations are designed, among other
things, to remove or alleviate chances of conflict between seasons for
migratory game birds and the protection and conservation of endangered
and threatened species and their habitats. The Service's biological
opinions resulting from its consultation under section 7 are considered
public documents and are available for inspection in the Division of
Endangered Species and the Office of Migratory Bird Management.
Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the
Paperwork Reduction Act
In the Federal Register dated March 24, 1995 (60 FR 15642), the
Service reported measures it had undertaken to comply with requirements
of the Regulatory Flexibility Act and the Executive Order. These
included preparing an Analysis of Regulatory Effects and an updated
Final Regulatory Impact Analysis (FRIA), and publication of a summary
of the latter. Although a FRIA is no longer required, the economic
analysis contained in the FRIA was reviewed and the Service determined
that it met the requirements of E.O. 12866. In addition, the Service
prepared a Small Entity Flexibility Analysis, under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq), which further document the
significant beneficial economic effect on a substantial number of small
entities.
[[Page 50747]]
This rule was reviewed under E.O. 12866.
These regulations contain no information collections subject to OMB
review under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.). However, the Service does utilize information acquired through
other various information collections in the formulation of migratory
game bird hunting regulations. These information collection
requirements have been approved by OMB and assigned clearance numbers
1018-0005, 1018-0006, 1018-0008, 1018-0009, 1018-0010, 1018-0015, 1018-
0019, and 1018-0023.
Authorship
The primary author is Ron W. Kokel, Office of Migratory Bird
Management.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Dated: September 26, 1995.
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. 703-711; 16 U.S.C. 712; and 16 U.S.C. 742
a--j.
BILLING CODE 4310-55-F
