[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Rules and Regulations]
[Pages 51298-51324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25796]
[[Page 51297]]
_______________________________________________________________________
Part V
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. 62, No. 189 / Tuesday, September 30, 1997 /
Rules and Regulations
[[Page 51298]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AE14
Migratory Bird Hunting; Late Seasons and Bag and Possession
Limits for Certain Migratory Game Birds
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
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 1997-98 season.
DATE: This rule takes effect on September 30, 1997.
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 1997
On March 13, 1997, the Service published in the Federal Register
(62 FR 39712) 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. 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 6, 1997, the Service published
in the Federal Register (62 FR 31298) a second document providing
supplemental proposals for early- and late-season migratory bird
hunting regulations frameworks. The June 6 supplement also provided
detailed information on the 1997-98 regulatory schedule and announced
the Service Migratory Bird Regulations Committee and Flyway Council
meetings.
On June 27, 1997, the Service held a public hearing in Washington,
DC, as announced in the March 13 and June 6 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 23, 1997, the Service published in the Federal
Register (62 FR 39712) a fourth document specifically dealing with
proposed early-season frameworks for the 1997-98 season.
On August 7, 1997, the Service held a public hearing in Washington,
DC, as announced in the March 13, June 6, and July 23 Federal
Registers, to review the status of waterfowl and discuss proposed
hunting regulations for late seasons. On August 20, 1997, the Service
published a fifth 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 25,
1997, (62 FR 44229), the Service published a sixth document containing
proposed frameworks for the 1997-98 late-season migratory bird hunting
regulations. On August 29, 1997, the Service published in the Federal
Register (62 FR 46512) a seventh 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.
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 1997-98 in an eighth document in the September 26, 1997,
Federal Register.
The final rule described here is the ninth and final in the series
of proposed, supplemental, and final rulemaking documents for migratory
game bird hunting regulations for 1997-98 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 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 modified some regulatory measures previously proposed. The
final frameworks here reflect any such 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 Office of Migratory Bird Management,
at the address indicated under the caption ADDRESSES.
Executive Order (E.O.) 12866
This rule is economically significant and was reviewed by the
Office of Management and Budget (OMB) under E.O. 12866.
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.
Regulatory Flexibility Act
These regulations have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq). In the March 13, 1997, Federal Register, the
Service reported measures it took to comply with requirements of the
Act. One measure was to prepare a
[[Page 51299]]
Small Entity Flexibility Analysis (Analysis) in 1996 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 MBMO.
Paperwork Reduction Act
The Department examined these regulations under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507(d)). Under the Act, information
collections must be approved by the Office of Management and Budget
(OMB). The Service uses the various information collection requirements
contained in this rule to develop future migratory game bird hunting
regulations. Specifically, the information collection requirements of
the Migratory Bird Harvest Information Program have been approved by
OMB and assigned clearance number 1018-0015. This information is used
to provide a sampling frame for voluntary national surveys to improve
Service harvest estimates for all migratory game birds in order to
better manage these populations. The information collection
requirements of the Sandhill Crane Harvest Questionnaire have been
approved by OMB and assigned clearance number 1018-0023. 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.
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 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 Reform Act
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 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 23, 1997.
Donald J. Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
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.
BILLING CODE 4310-55-F
[[Page 51300]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.009
[[Page 51301]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.010
[[Page 51302]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.011
[[Page 51303]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.012
[[Page 51304]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.013
[[Page 51305]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.014
[[Page 51306]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.015
[[Page 51307]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.016
[[Page 51308]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.017
[[Page 51309]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.018
[[Page 51310]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.019
[[Page 51311]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.020
[[Page 51312]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.021
[[Page 51313]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.022
[[Page 51314]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.023
[[Page 51315]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.024
[[Page 51316]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.025
[[Page 51317]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.026
[[Page 51318]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.027
[[Page 51319]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.028
[[Page 51320]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.029
[[Page 51321]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.030
[[Page 51322]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.031
[[Page 51323]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.032
[[Page 51324]]
[GRAPHIC] [TIFF OMITTED] TR30SE97.033
[FR Doc. 97-25796 Filed 9-29-97; 8:45 am]
BILLING CODE 4310-55-C
