Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for Certain Migratory Game Birds

SOCIAL SECURITY ADMINISTRATION

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AD69

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 taking of designated species

during the 1996-97 season.

EFFECTIVE DATE: September 27, 1996.

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 1996

On March 22, 1996, the Service published in the Federal Register

(61

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FR 11992) 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 Sections 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 13, 1996, the Service published

in the Federal Register (61 FR 30114) a second document providing

supplemental proposals for early- and late-season migratory bird

hunting regulations frameworks. The June 13 supplement also provided

detailed information on the 1996-97 regulatory schedule and announced

the Service Migratory Bird Regulations Committee and Flyway Council

meetings. On June 14, 1996, the Service published in the Federal

Register (61 FR 30490) a third document describing the Service's

proposed 1996-97 regulatory alternatives for duck hunting and its

intent to consider establishing a special youth waterfowl hunting day.

On June 27, 1996, the Service held a public hearing in Washington, DC,

as announced in the March 22 and June 14 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 22, 1996, the Service published in the Federal

Register (61 FR 37994) a fourth document specifically dealing with

proposed early-season frameworks for the 1996-97 season. This document

also extended the public comment period to August 1, 1996, for early-

season proposals.

On August 2, 1996, the Service held a public hearing in Washington,

DC, as announced in the March 22, June 14, and July 22 Federal

Registers, to review the status of waterfowl and discuss proposed

hunting regulations for late seasons. On August 15, 1996, (61 FR

42506), the Service published a fifth and sixth document on migratory

bird hunting. The fifth document dealt specifically with proposed

frameworks for the 1996-97 late-season migratory bird hunting

regulations while the sixth document proposed establishing a youth

waterfowl hunting day for the 1996-97 duck-hunting season. On August

29, 1996, the Service published a seventh 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 30, 1996, the Service published in the Federal

Register (61 FR 46357) an eighth 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 18, 1996, the

Service published a ninth document on the final frameworks for

establishing a youth waterfowl hunting day. The Service published on

September 20, 1996, a tenth document consisting of a final rule

amending subpart K of title 50 CFR Part 20 to set hunting seasons,

hours, areas, and limits for the youth waterfowl hunting day. 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 1996-97 in an eleventh document in the September 26, 1996, Federal

Register. The final rule described here is the twelfth and final in the

series of proposed, supplemental, and final rulemaking documents for

migratory game bird hunting regulations for 1996-97 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 regulations 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 available for public inspection in the Service's Division of

Endangered Species and MBMO, at the address indicated under the caption

ADDRESSES.

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

Paperwork Reduction Act

In the March 22, and September 26, 1996, Federal Registers, the

Service reported measures it took to comply with requirements of the

Regulatory Flexibility Act and E.O. 12866. To document the significant

beneficial economic effect on a substantial number of small entities,

the Service prepared a Small Entity Flexibility Analysis that estimated

migratory bird hunters would spend between $254 and $592 million at

small businesses in 1996. Copies are available upon request from the

Office of Migratory Bird Management. This rule was reviewed by the

Office of Management and Budget (OMB) under E.O. 12866. The Department

examined these proposed regulations under the Paperwork Reduction Act

of 1995. The various information collection requirements are utilized

in the formulation of migratory game bird hunting regulations. OMB has

approved these information collection requirements and assigned

clearance numbers 1018-0015 and 1018-0023.

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.

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

[[Page 50740]]

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

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 proposed 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 24, 1996.

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 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. 96-24859 Filed 9-26-96; 8:45 am]

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