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 1998-99 season.

DATES: This rule takes effect on October 1, 1998.

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: Robert J. Blohm, Acting 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) 358-1838.

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 birds, designated as ``migratory game birds'' in conventions

between the United States and several foreign nations for their

protection and management, under Secs. 20.101 through 20.107, 20.109,

and 20.110 of subpart K. 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 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 Register,

to review the status of waterfowl. Proposed hunting regulations were

discussed for late seasons. On August 25, 1998, the Service published a

fifth document (63 FR 45350) which dealt specifically with proposed

frameworks for the 1998-99 late-season migratory bird hunting

regulations.

On August 28, 1998, the Service published a sixth document (63 FR

46124) 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 for the 1998-99 season. A

seventh document published in the August 31, 1998, Federal Register (63

FR 46336) amended 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 1998-99 in an eighth document in the September 29, 1998,

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 1998-99 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 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 have been 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 cause 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

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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

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 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, NW, Washington, DC 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

09/30/2001). 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

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 preliminary 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 would have

insufficient time to select season dates and limits; to communicate

those selections to the Service; and to establish and publicize the

necessary regulations and procedures to implement their decisions.

Therefore, the Service, under authority of the Migratory Bird

Treaty Act (July 3, 1918), as amended, (16 U.S.C. 703-711), prescribes

final frameworks setting forth the species to be hunted, the daily bag

and possession limits, the shooting hours, the season lengths, the

earliest opening and latest closing season dates, and hunting areas,

from which State conservation agency officials will select hunting

season dates and other options. Upon receipt of season and option

selections from these officials, the Service will publish in the

Federal Register a final rulemaking amending 50 CFR part 20 to reflect

seasons, limits, and shooting hours for the conterminous United States

for the 1998-99 season.

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 alternatives

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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.

Dated: September 18, 1998.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and Parks.

PART 20--[AMENDED]

For the reasons set out in the preamble, the Service amends title

50, chapter I, subchapter B, part 20, subpart K 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. 98-25988 Filed 9-29-98; 8:45 am]

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