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

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 1998-99 season.

DATES: This rule is effective on September 1, 1998.

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 1998

On March 20, 1998, the Service published in the Federal Register

(63 FR 13748) 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 May 29, 1998, the Service published in the

Federal Register (63 FR 29518) a second document providing supplemental

proposals for early- and late-season migratory bird hunting regulations

frameworks and the proposed regulatory alternatives for the 1998-99

duck hunting season. The May 29 supplement also provided detailed

information on the 1998-99 regulatory schedule and announced the

Service Migratory Bird Regulations Committee and Flyway Council

meetings.

On June 25, 1998, the Service held a public hearing in Washington,

DC, as announced in the March 20 and May 29 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 17, 1998, the Service published in the Federal

Register (63 FR 38700) a third document specifically dealing with

proposed early-season frameworks for the 1998-99 season. The July 17

supplement also established the final regulatory alternatives for the

1998-99 duck hunting season for all States except Alabama, Arkansas,

Kentucky, Louisiana, Mississippi, and Tennessee. On August 5, 1998, the

Service published in the Federal Register (63 FR 41926) a fourth

document dealing specifically with the final regulatory alternatives

for the 1998-99 duck hunting season for the States of Alabama,

Arkansas, Kentucky, Louisiana, Mississippi, and Tennessee.

On August 6, 1998, the Service held a public hearing in Washington,

DC, as announced in the March 20, May 29, and July 17 Federal

Registers, to review the status of waterfowl. Proposed hunting

regulations were discussed for late seasons. On August 28, 1998, 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, 1998, the

Service published a sixth document (63 FR 45350) on migratory bird

hunting. The sixth document dealt specifically with proposed frameworks

for the 1998-99 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 Considerations

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 would 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 caused modification of some regulatory measures previously

proposed. The final frameworks reflect any 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 MBMO, at the address indicated under

the caption ADDRESSES.

Regulatory Flexibility Act

In the March 20, 1998, Federal Register, the Service reported

measures it took to comply with requirements of the Regulatory

Flexibility Act. One measure was to update the 1996 Small Entity

Flexibility Analysis (Analysis) documenting the significant beneficial

economic effect on a substantial number of small entities. The 1996

Analysis estimated that migratory bird hunters would spend between $254

and $592 million at small businesses. The Service has updated the 1996

Analysis with information from the 1996 National Hunting and Fishing

Survey. Nationwide, the Service now estimates that migratory bird

hunters will spend between $429 and $1,084 million at small businesses

in 1998. Copies of the 1998 Analysis are available upon request from

the Office of Migratory Bird Management.

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. E.O. 12866

requires each agency to write regulations that are easy

[[Page 46337]]

to understand. The Service invites comments on how to make this rule

easier to understand, including answers to questions such as the

following: (1) Are the requirements in the rule clearly stated? (2)

Does the rule contain technical language or jargon that interferes with

its clarity? (3) Does the format of the rule (grouping and order of

sections, use of headings, paragraphing, etc.) aid or reduce its

clarity? (4) Would the rule be easier to understand if it were divided

into more (but shorter) sections? (5) Is the description of the rule in

the Supplementary Information section of the preamble helpful in

understanding the proposed rule? What else could the Service do to make

the rule easier to understand?

Send a copy of any comments that concern how this rule could be

made easier to understand to: Office of Regulatory Affairs, Department

of the Interior, Room 7229, 1849 C Street, N.W., Washington, D.C.

20240. Comments may also be e-mailed to: E[email protected].

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.

Paperwork Reduction Act

The Service examined these regulations under the Paperwork

Reduction Act of 1995. The various recordkeeping and reporting

requirements imposed under regulations established in 50 CFR Part 20,

Subpart K, are utilized in the formulation of 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 (expires

08/31/1998). The renewal clearance packet was submitted to OMB July 22,

1998. 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 (expires 09/30/2000). 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 may not conduct or sponsor, and a person is not

required to respond to a collection of information unless it displays a

currently valid OMB control number.

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.

Takings Implication Assessment

In accordance with Executive Order 12630, these rules, authorized

by the Migratory Bird Treaty Act, do not have significant takings

implications and do not affect any constitutionally protected property

rights. These rules will not result in the physical occupancy of

property, the physical invasion of property, or the regulatory taking

of any property. In fact, these rules allow hunters to exercise

privileges that would be otherwise unavailable; and, therefore, reduce

restrictions on the use of private and public property.

Federalism Effects

Due to the migratory nature of certain species of birds, the

Federal government has been given responsibility over these species by

the Migratory Bird Treaty Act. The Service annually prescribes

frameworks from which the States make selections and employs guidelines

to establish special regulations on Federal Indian reservations and

ceded lands. This process preserves the ability of the States and

Tribes to determine which seasons meet their individual needs. Any

State or Tribe may be more restrictive than the Federal frameworks at

any time. The frameworks are developed in a cooperative process with

the States and the Flyway Councils. This allows States to participate

in the development of frameworks from which they will make selections,

thereby having an influence on their own regulation. These rules do not

have a substantial direct effect on fiscal capacity, change the roles

or responsibilities of Federal or State governments, or intrude on

State policy or administration. Therefore, in accordance with Executive

Order 12612, these regulations do not have significant federalism

effects and do not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Government-to-Government Relationship With Tribes

In accordance with the President's memorandum of April 29, 1994,

``Government-to-Government Relations with Native American tribal

Governments'' (59 FR 22951) and 512 DM 2, we have evaluated possible

effects on Federally recognized Indian tribes and have determined that

there are no effects.

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.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and recordkeeping

requirements, Transportation, Wildlife.

[[Page 46338]]

Dated: August 25, 1998.

Donald Barry,

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 continues to read as follows:

Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a-j.

BILLING CODE 4310-55-P

[[Page 46339]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.001

[[Page 46340]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.002

[[Page 46341]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.003

[[Page 46342]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.004

[[Page 46343]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.005

[[Page 46344]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.006

[[Page 46345]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.007

[[Page 46346]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.008

[[Page 46347]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.009

[[Page 46348]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.010

[[Page 46349]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.011

[[Page 46350]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.012

[[Page 46351]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.013

[[Page 46352]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.014

[[Page 46353]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.015

[[Page 46354]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.016

[[Page 46355]]

[GRAPHIC] [TIFF OMITTED] TR31AU98.017

[FR Doc. 98-23385 Filed 8-28-98; 8:45 am]

BILLING CODE 4310-55-C