Migratory Bird Hunting; Early Seasons and Bag and Possession Limits for Certain Migratory Game Birds in the Contiguous United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands

[[Page 45628]]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[RIN 1018-AC79]

Migratory Bird Hunting; Early Seasons and Bag and Possession

Limits for Certain Migratory Game Birds in the Contiguous United

States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule prescribes the hunting seasons, hours, areas, and

daily bag and possession limits of mourning, white-winged, and white-

tipped doves; band-tailed pigeons; rails; moorhens and gallinules;

woodcock; common snipe; sandhill cranes; sea ducks; early (September)

waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico,

and the Virgin Islands; and some extended falconry seasons. 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: August 31, 1995.

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, 1995, for early-season proposals and

September 4, 1995, for late-season proposals. Due to some unforeseen

and uncontrollable publishing delays in the proposed early-season

regulations frameworks, the Service had to extend the public comment

period to July 31, 1995. 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 late seasons. The fourth document in the

series, published August 28, 1995 (60 FR 44463), dealt specifically

with proposed frameworks for the 1995-96 late-season migratory bird

hunting regulations. On August 29, 1995, the Service published a fifth

document (60 FR 45020) 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. The final rule

described here is the sixth in the series of proposed, supplemental,

and final rulemaking documents for migratory game bird hunting

regulations and deals specifically with amending subpart K of 50 CFR 20

to set hunting seasons, hours, areas, and limits for mourning, white-

winged, and white-tipped doves; band-tailed pigeons; rails; moorhens

and gallinules; woodcock; common snipe; sandhill cranes; sea ducks;

early (September) waterfowl seasons; mourning doves in Hawaii;

migratory game birds in Alaska, Puerto Rico, and the Virgin Islands;

and some extended falconry seasons.

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 (SEIS 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

In August 1995, the Division of Endangered Species concluded that

the proposed 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 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. 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.

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 preliminary proposed

rulemaking was published, the Service established what it believed were

the longest periods possible for

[[Page 45629]]

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 to be 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.

Authorship

The primary author of this rule is Ron W. Kokel of the Office of

Migratory Bird Management.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and recordkeeping

requirements, Transportation, Wildlife.

Dated: August 29, 1995.

George T. Frampton, Jr.,

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:

PART 20--[AMENDED]

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. 742a-

j.

BILLING CODE 4310-55-P

[[Page 45630]]

[GRAPHIC][TIFF OMITTED]TR31AU95.007

[[Page 45631]]

[GRAPHIC][TIFF OMITTED]TR31AU95.008

[[Page 45632]]

[GRAPHIC][TIFF OMITTED]TR31AU95.009

[[Page 45633]]

[GRAPHIC][TIFF OMITTED]TR31AU95.010

[[Page 45634]]

[GRAPHIC][TIFF OMITTED]TR31AU95.011

[[Page 45635]]

[GRAPHIC][TIFF OMITTED]TR31AU95.012

[[Page 45636]]

[GRAPHIC][TIFF OMITTED]TR31AU95.013

[[Page 45637]]

[GRAPHIC][TIFF OMITTED]TR31AU95.014

[[Page 45638]]

[GRAPHIC][TIFF OMITTED]TR31AU95.015

[[Page 45639]]

[GRAPHIC][TIFF OMITTED]TR31AU95.016

[[Page 45640]]

[GRAPHIC][TIFF OMITTED]TR31AU95.017

[[Page 45641]]

[GRAPHIC][TIFF OMITTED]TR31AU95.018

[[Page 45642]]

[GRAPHIC][TIFF OMITTED]TR31AU95.019

[FR Doc. 95-21781 Filed 8-30-95; 8:45 am]

BILLING CODE 4310-55-C