Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird Hunting Regulations; Notice of Meetings; Proposed Rule DEPARTMENT OF THE INTERIOR

SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service)

proposed in an earlier document to establish annual hunting regulations

for certain migratory game birds. This supplementary document describes

proposed changes and provides additional information that will

facilitate establishment of the 1994-95 hunting regulations. This

document also announces the meetings of the Service Migratory Bird

Regulations Committee.

DATES: The Service Migratory Bird Regulations Committee will meet to

consider and develop proposed regulations for early seasons on June 21,

22, and 23, and for late seasons on August 2, 3, and 4. Public hearings

on proposed early- and late-season frameworks will be held at 9:00 a.m.

on June 23 and August 4, 1994, respectively. The comment period for

proposed migratory bird hunting-season frameworks for Alaska, Hawaii,

Puerto Rico, the Virgin Islands, and other early seasons will end on

July 21, 1994; and for late-season proposals will end on August 29,

1994.

ADDRESSES: Meetings of the Service Migratory Bird Regulations Committee

will be held in room 200 of the U.S. Fish and Wildlife Service's ARLSQ

Building, 4401 N. Fairfax Drive, Arlington, Virginia. Public hearings

will be held in the Auditorium of the Department of the Interior

Building, 1849 C Street, NW., Washington, DC. Written comments on the

proposals and notice of intention to participate in either hearing

should be sent to the 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. Comments received will be

available for public inspection during normal business hours in room

634, ARLSQ 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 1994

On April 7, 1994, the Service published in the Federal Register (59

FR 16762) 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. This document is the second in a series of

proposed, supplemental, and final rules for migratory game bird hunting

regulations. Comment periods on this second document are specified

above under DATES. Early-season frameworks will be proposed in late

June and late-season frameworks in early August. Final regulatory

frameworks for early seasons are scheduled for publication on or about

August 16, 1994, and those for late seasons on or about September 23,

1994.

On June 23, 1994, a public hearing will be held in Washington, DC,

to review the status of migratory shore and upland game birds and

recommended hunting regulations for these species and other early

seasons.

On August 4, 1994, a public hearing will be held in Washington, DC,

to review the status of waterfowl and recommended hunting regulations

for regular waterfowl seasons, and other species and seasons not

previously discussed at the June 23 public hearing.

Announcement of Service Regulations Committee Meetings for Early-

Season Regulations

The meeting on June 21 is to review information on the 1994 status

of migratory game birds and to develop 1994-95 migratory game bird

regulations recommendations. The June 22 meeting is to ensure that the

Service's regulation recommendations are developed with the benefit of

full consultation on the issues.

In accordance with Departmental policy regarding meetings of the

Service Regulations Committee that are attended by any person outside

the Department, these meetings will be open to public observation.

Members of the public may submit to the Director written comments on

the matters discussed.

Announcement of Flyway Council Meetings

Service representatives will be present at the following meetings

of Flyway Councils:

Atlantic Flyway--July 28-29, St. Michaels, Maryland (Harbor Town

Resort)

Mississippi Flyway--July 28-29, Memphis, Tennessee (Peabody Hotel)

Central Flyway--July 28-29, Crested Butte, Colorado (Crested

Mountain Village-Conference Center)

Pacific Flyway--July 29, Reno, Nevada (Peppermill Hotel)

Although agendas are not yet available, these meetings usually

commence at 8:30 to 9 a.m. on the days indicated.

Review of Public Comments

This supplemental rulemaking describes changes which have been

recommended based on the preliminary proposals published on April 7,

1994, in the Federal Register. Only those recommendations that would

require either new proposals or substantial modification of the

preliminary proposals to facilitate effective public participation are

included herein. Those that support or oppose but do not recommend

alternatives to the preliminary proposals are not included, but will be

considered later in the regulations-development process. The Service

will publish responses to proposals, written comments, and public-

hearing testimony when final frameworks are developed, at which time

additional data about the status of affected species will be available.

The Service seeks additional information and comments on the

recommendations contained in this supplemental proposed rule. These

recommendations and all associated comments will be considered during

development of the final frameworks.

New proposals and modifications to previously described proposals

are discussed below. Wherever possible, they are discussed under

headings corresponding to the numbered items in the April 7, 1994,

Federal Register.

1. Ducks.

The categories used to discuss issues related to duck harvest

management are as follows: (A) General Harvest Strategy, (B) Framework

Dates, (C) Season Length, (D) Closed Seasons, (E) Bag Limits, (F) Zones

and Split Seasons, and (G) Special Seasons/Species Management. Only

those categories containing substantial recommendations are included

below.

B. Framework Dates

The Lower-Region Regulations Committee of the Mississippi Flyway

Council recommended that the season framework dates of the Saturday

nearest October 1 to January 20 be established as a basic regulation

and not fluctuate annually.

The Upper-Region and Lower-Region Regulations Committees of the

Mississippi Flyway Council recommended that Iowa be permitted to hold a

portion of their regular duck season in September to increase harvest

opportunity on blue-winged teal.

E. Bag Limits

The Central Flyway Council requested that the Service review its

policy for the use of the point-system bag limit option that requires

that it be no more liberal than the conventional bag limit.

The Upper-Region and Lower-Region Regulations Committees of the

Mississippi Flyway Council requested that the Service review its

current point-system bag-limit policy. They feel that at least 1 more

bird should be allowed in the point system than in the conventional bag

limit.

The Pacific Flyway Council recommended that the Service: (1) review

its current point-system policy, (2) work with both Pacific and Central

Flyway Technical Committees to interpret available data, and (3)

consider all available new information, and evaluate the point system

against other bag-limit systems.

G. Special Seasons/Species Management

i. Canvasback.

The Upper-Region Regulations Committee of the Mississippi Flyway

Council recommended that an open season for canvasbacks be allowed in

the Mississippi Flyway with a 1-bird daily bag limit throughout the

regular duck season beginning in 1994, contingent upon breeding

population and habitat conditions.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council recommended that an open season for canvasbacks of at least 10

days be allowed with a 1-bird daily bag limit beginning in 1994,

contingent upon breeding population and habitat conditions.

ii. September Teal Seasons.

The Central Flyway Council recommended that September teal season

shooting hours begin one-half hour before sunrise to sunset without

further evaluation for all non-production Central Flyway States.

The Central Flyway Council recommended that the Service review the

guidelines for establishing a September teal season for any new

requests for seasons.

The Upper-Region and Lower-Region Regulations Committees of the

Mississippi Flyway Council recommended that Michigan be permitted to

hold an experimental September teal season in southeast portions of the

State.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council requested that September teal season shooting hours beginning

1/2-hour before sunrise be made operational and that no further

evaluation of shooting hours be required.

4. Canada Geese.

A. Special Seasons

The Atlantic Flyway Council recommended that West Virginia be

permitted to initiate a 3-year experimental resident Canada goose

season between September 1-10.

The Atlantic Flyway Council made the following recommendations to

modify zones to hunt resident Canada geese in September:

In Maryland, expand its hunt zone to include Worcester, Wicomico,

Somerset, Dorchester, and that portion of Talbot and Caroline Counties

east of U.S. Route 50 and south of Maryland Route 404 during 1994-96.

In North Carolina, include that portion of the State east of

Interstate 95 except in the Counties of Bertie, Beaufort, Camden,

Chowan, Currituck, Dare, Gates, Hartford, Hyde, Northhampton (east of

I-95), Pamlico, Pasquotank, Perquimans, Tyrrel, and Washington, where

migrant Canada geese are expected to occur prior to the end of

September.

In northwestern Pennsylvania, expand its Northwest zone to include

Allegheny, Armstrong, Beaver, Cambria, Greene, Fayette, Indiana,

Lawrence, Somerset, Venango, Washington, and Westmoreland Counties,

during 1994-96.

In southeastern Pennsylvania, amend its current zone to include 4

additional counties.

In Virginia, amend its current zone to include 26 additional

counties, including portions of the Shenandoah Valley, the central

piedmont, the coastal plain, and the eastern shore.

The Upper-Region Regulations Committee of the Mississippi Flyway

Council made the following recommendations pertaining to special Canada

goose seasons:

In Indiana, expand the September-season hunting area to Statewide

with a September 1-15 framework. The proposed changes would not be

experimental.

In Michigan, extend the seasons in the northern Lower Peninsula and

Upper Peninsula for 2 additional years and expand the zone in the Upper

Peninsula to approximately the eastern half of the Peninsula; change

the season length in the southern part of the Lower Peninsula from 10

to 15 days (September 1-15) for 3 years and include the southern

portions of Tuscola and Huron Counties. The proposed changes would be

experimental.

In Minnesota, expand the Fergus Falls/Alexandria Zone and extend

the framework for the 10-day season to September 1-16 for 3 years. The

proposed changes would be experimental.

In Ohio, expand the September-season hunting area to Statewide with

a September 1-15 framework. The proposed changes would not be

experimental.

In Wisconsin, enlarge the size of the Southeastern Wisconsin Zone

and continue as a special season with a September 1-13 framework. The

proposed changes would not be experimental.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council requested that the Service closely monitor all Canada goose

seasons, and fully analyze data from existing special or experimental

seasons before expanding seasons that cumulatively might increase

harvest of the Southern James Bay Population. Also, current special

seasons should adhere to present criteria designed by the Service.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council also requested a 3-year experimental 10-day September Canada

goose season be permitted in the eastern portion of Tennessee.

B. Regular Seasons

The Upper-Region Regulations Committee of the Mississippi Flyway

Council recommended that the early-season frameworks provide for the

opening of regular goose seasons in Wisconsin and the Upper Peninsula

of Michigan as early as September 24.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council requested that the Service closely monitor all Canada goose

seasons, and fully analyze data from existing special or experimental

seasons before expanding seasons that cumulatively might increase

harvest of the Southern James Bay Population of Canada geese.

The Pacific Flyway Council seeks a limited resumption of cackling

Canada goose hunting throughout their range and recommends that the

Service provide an expedited review of their recommended changes in

cackling Canada goose regulations for impacts on Aleutian Canada geese

under the Section 7 Consultation process.

6. Brant.

The Upper-Region Regulations Committee of the Mississippi Flyway

Council requested that the daily bag limit for brant be reduced to 2

birds to better conform with units in other flyways.

7. Snow and Ross's (Light) Geese.

The Central Flyway Council recommended that the framework closing

date for light geese be changed from the Saturday nearest ``February

15'' to ``February 28'' for all Central Flyway States.

14. Woodcock.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council requested that Tennessee be allowed to divide the State into 2

zones (East and West) for woodcock hunting.

16. Mourning Doves.

The Central Flyway Council recommends that Texas be allowed an

increase in the number of segments from 2 to 3 in 2 of the 3 mourning

dove hunting zones now offered to Texas.

17. White-winged and White-tipped Doves.

The Central Flyway Council proposes an increase in the 12-dove

aggregate daily bag limit to allow 6 instead of 2 white-winged doves as

now permitted in Cameron, Hidalgo, Starr, and Willacy Counties of Texas

during the regular mourning dove season.

18. Alaska.

The Pacific Flyway Council recommended that Alaska be allowed no

more than 1 Canada goose in the daily bag for Unit 9E and the western

portions of Unit 18.

The Pacific Flyway Council recommended that the Statewide closure

on cackling Canada geese be removed.

The Pacific Flyway Council recommended removal of restrictive bag

limits for white-fronted geese in Units 1-9 and 14-18 in Alaska. The

goose limit will be 6 daily and 12 in possession, of which no more than

4 daily and 8 in possession could be any combination of Canada or

white-fronted geese.

Public Comment Invited

The Service intends that adopted final rules be as responsive as

possible to all concerned interests, and therefore desires to obtain

for consideration the comments and suggestions of the public, other

concerned governmental agencies, and private interests on these

proposals. Such comments, and any additional information received, may

lead to final regulations that differ from these proposals.

Special circumstances are involved in the establishment of these

regulations which limit the amount of time that the Service can allow

for public comment. Specifically, two considerations compress the time

in which the rulemaking process must operate: (1) The need to establish

final rules at a point early enough in the summer to allow affected

State agencies to appropriately adjust their licensing and regulatory

mechanisms; and (2) the unavailability, before mid-June, of specific,

reliable data on this year's status of some waterfowl and migratory

shore and upland game bird populations. Therefore, the Service believes

that to allow comment periods past the dates specified is contrary to

the public interest.

Comment Procedure

It is the policy of the Department of the Interior, whenever

practical, to afford the public an opportunity to participate in the

rulemaking process. Accordingly, interested persons may participate by

submitting written comments to the 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. Comments

received will be available for public inspection during normal business

hours at the Service's office in room 634, Arlington Square Building,

4401 N. Fairfax Drive, Arlington, Virginia. All relevant comments

received during the comment period will be considered. The Service will

attempt to acknowledge received comments, but substantive response to

individual comments may not be provided.

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). 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, hunting regulations this year will be 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. Consultations are presently under

way 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. It is possible that the findings from the

consultations, which will be included in a biological opinion, may

cause modification of some regulatory measures proposed in this

document. Any modifications will be reflected in the final frameworks.

The Service's biological opinions resulting from its consultation under

section 7 are considered public documents and are available for public

inspection in the Division of Endangered Species and the Office of

Migratory Bird Management, U.S. Fish and Wildlife Service, Arlington

Square Building, 4401 N. Fairfax Drive, Arlington, Virginia.

Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the

Paperwork Reduction Act

In the Federal Register dated April 7, 1994 (59 FR 16762), 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, under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq), and publication of a summary of the latter. This

information is included in the present document by reference. This

action was not subject to review by the Office of Management and Budget

under E.O. 12866. This rule does not contain any information collection

requiring approval by the Office of Management and Budget under 44

U.S.C. 3504.

Authorship

The primary author of this proposed rule is Robert J. Blohm, Office

of Migratory Bird Management.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and recordkeeping

requirements, Transportation, Wildlife.

The rules that eventually will be promulgated for the 1994-95

hunting season are authorized under the Migratory Bird Treaty Act (July

3, 1918), as amended, (16 U.S.C. 703-711); the Fish and Wildlife

Improvement Act (November 8, 1978), as amended, (16 U.S.C. 712); and

the Fish and Wildlife Act of 1956 (August 8, 1956), as amended, (16

U.S.C. 742 a-d and e-j).

Dated: May 23, 1994.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 94-13926 Filed 6-7-94; 8:45 am]

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