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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE14

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.

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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 permits taking of designated species

during the 1997-98 season.

DATE: This rule is effective August 29, 1997.

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. 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 and the proposed regulatory alternatives for the 1997-98

duck hunting season. 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 third document. This document contained the

final regulatory alternatives for the 1997-98 duck hunting season and

the 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. Proposed hunting regulations were

discussed for late seasons. On August 20, 1997, (62 FR 44229), the

Service published a fifth document on migratory bird hunting. The

document 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. On August 25, 1997, the

Service published a sixth document (62 FR 45078) on migratory bird

hunting. The sixth document dealt specifically with proposed frameworks

for the 1997-98 late-season migratory bird hunting regulations. The

final rule described here is the seventh 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. It sets 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; youth waterfowl hunting day; 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 (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 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.

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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. OMB approval for the Sandhill Crane

Harvest Questionnaire, 1018-0023, has expired and has been submitted to

OMB for reinstatement. 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. The

Service will not collect this information until OMB approval has been

obtained and a Federal Register notice published. Additionally, no

person may be required to respond to a collection of information unless

it displays a currently valid OMB number.

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: August 21, 1997.

William L. Leary,

Acting 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 of the Code of Federal Regulations is

amended as follows.

1. The authority citation for Part 20 is revised 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. 97-23017 Filed 8-28-97; 8:45 am]

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