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

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

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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.

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[FR Doc. 97-25796 Filed 9-29-97; 8:45 am]

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