Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird Hunting Regulations; Notice of Meetings.

Part VII

Department of the Interior

_______________________________________________________________________

Fish and Wildlife Service

_______________________________________________________________________

50 CFR Part 20

Migratory Bird Hunting Supplemental Proposals for Migratory Game Bird

Hunting Regulations; Meetings; Proposed Rule

Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN: 1018-AC79

Migratory Bird Hunting; Supplemental Proposals for Migratory Game

Bird Hunting Regulations; Notice of Meetings.

Editorial Note: The document set forth below was originally

published at 60 FR 31890, June 16, 1995, and is being reprinted in

its entirety because of typesetting errors.

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; supplemental.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service)

proposed in an earlier document to establish annual hunting regulations

for certain migratory game birds. This supplementary document further

describes proposed changes from 1994-95 hunting regulations and

provides additional information that will facilitate establishment of

the 1995-96 hunting regulations. This document also announces the

meetings of the Service Migratory Bird Regulations Committee.

DATES: The Service Migratory Bird Regulations Committee will meet to

consider and develop proposed regulations for early seasons on June 20,

21, and 22, and for late seasons on August 1, 2, and 3. Public hearings

on proposed early- and late-season frameworks will be held at 9:00 a.m.

on June 22 and August 3, 1995, respectively. The comment period for

proposed migratory bird hunting-season frameworks for Alaska, Hawaii,

Puerto Rico, the Virgin Islands, and other early seasons will end on

July 21, 1995, and for late-season proposals will end on September 4,

1995

s on August 1, 2, and 3. Public hearings

on proposed early- and late-season frameworks will be held at 9:00 a.m.

on June 22 and August 3, 1995, respectively. The comment period for

proposed migratory bird hunting-season frameworks for Alaska, Hawaii,

Puerto Rico, the Virgin Islands, and other early seasons will end on

July 21, 1995, and for late-season proposals will end on September 4,

1995.

ADDRESSES: Meetings of the Service Migratory Bird Regulations Committee

will be held in room 200 of the U.S. Fish and Wildlife Service's

Arlington Square Building, 4401 N. Fairfax Drive, Arlington, Virginia.

Public hearings will be held in the Auditorium of the Department of the

Interior Building, 1849 C Street, NW., Washington, DC. Written comments

on the proposals and notice of intention to participate in either

hearing should be sent to the 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. Comments

received will be available for public inspection during normal business

hours in room 634, ARLSQ 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, (703) 358-

1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 1995

On March 24, 1995, the Service published in the Federal Register

(60 FR 15642) 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. This document is the second in a series of

proposed, supplemental, and final rules for migratory game bird hunting

regulations. Comment periods on this second document are specified

above under DATES. Early-season frameworks will be proposed in late

June and late-season frameworks in early August

ons for

migratory game birds under Secs. 20.101 through 20.107, 20.109, and

20.110 of subpart K. This document is the second in a series of

proposed, supplemental, and final rules for migratory game bird hunting

regulations. Comment periods on this second document are specified

above under DATES. Early-season frameworks will be proposed in late

June and late-season frameworks in early August. Final regulatory

frameworks for early seasons are scheduled for publication on or about

August 16, 1995, and those for late seasons on or about September 25,

1995.

On June 22, 1995, a public hearing will be held in Washington, DC,

to review the status of migratory shore and upland game birds and

waterfowl hunted during early seasons and the recommended hunting

regulations for these species.

On August 3, 1995, a public hearing will be held in Washington, DC,

to review the status of waterfowl and recommended hunting regulations

for regular waterfowl seasons, and other species and seasons not

previously discussed at the June 22 public hearing.

Announcement of Service Migratory Bird Regulations Committee

Meetings

The meeting on June 20 is to review information on the current

status of migratory shore and upland game birds and to develop 1995-96

migratory game bird regulations recommendations for these species plus

regulations for migratory game birds in Alaska, Puerto Rico, and the

Virgin Islands; special September waterfowl seasons in designated

States; special sea duck seasons in the Atlantic Flyway; and extended

falconry seasons. The June 21 meeting is to ensure that the Service's

regulations recommendations are developed with the benefit of full

consultation on the above issues.

The meeting on August 1 is to review information on the current

status of waterfowl and to develop 1995-96 migratory game bird

regulations recommendations for regular waterfowl seasons and other

species and seasons not previously discussed at the early season

meetings

sure that the Service's

regulations recommendations are developed with the benefit of full

consultation on the above issues.

The meeting on August 1 is to review information on the current

status of waterfowl and to develop 1995-96 migratory game bird

regulations recommendations for regular waterfowl seasons and other

species and seasons not previously discussed at the early season

meetings. The August 2 meeting is to ensure that the Service's

regulations recommendations are developed with the benefit of full

consultation on the above issues.

In accordance with Departmental policy regarding meetings of the

Service Migratory Bird Regulations Committee that are attended by any

person outside the Department, these meetings will be open to public

observation. Members of the public may submit to the Director written

comments on the matters discussed.

Announcement of Flyway Council Meetings

Service representatives will be present at the following meetings

of Flyway Councils:

Atlantic Flyway--July 27-28, Charleston, West Virginia (Holiday

Inn, Charleston House)

Mississippi Flyway--July 29-30, Green Bay, Wisconsin (Mid-way Best

Western Motel)

Central Flyway--July 27-28, Custer, South Dakota (Blue Bell Lodge

and Resort - Custer State Park)

Pacific Flyway--July 28, Reno, Nevada (Peppermill Hotel)

Although agendas are not yet available, these meetings usually

commence at 8:30 a.m. on the days indicated.

Review of Public Comments

nn, Charleston House)

Mississippi Flyway--July 29-30, Green Bay, Wisconsin (Mid-way Best

Western Motel)

Central Flyway--July 27-28, Custer, South Dakota (Blue Bell Lodge

and Resort - Custer State Park)

Pacific Flyway--July 28, Reno, Nevada (Peppermill Hotel)

Although agendas are not yet available, these meetings usually

commence at 8:30 a.m. on the days indicated.

Review of Public Comments

This supplemental rulemaking describes changes which have been

recommended based on the preliminary proposals published on March 24,

1995, in the Federal Register. Only those recommendations that would

require either new proposals or substantial modification of the

preliminary proposals to facilitate effective public participation are

included herein. Those that support or oppose but do not recommend

alternatives to the preliminary proposals are not included, but will be

considered later in the regulations-development process. The Service

will publish responses to proposals, written comments, and public-

hearing testimony when final frameworks are developed.

The Service seeks additional information and comments on the

recommendations contained in this supplemental proposed rule. These

recommendations and all associated comments will be considered during

development of the final frameworks.

New proposals and modifications to previously described proposals

are discussed below. Wherever possible, they are discussed under

headings

corresponding to the numbered items in the March 24, 1995, Federal

Register.

1. Ducks

ations contained in this supplemental proposed rule. These

recommendations and all associated comments will be considered during

development of the final frameworks.

New proposals and modifications to previously described proposals

are discussed below. Wherever possible, they are discussed under

headings

corresponding to the numbered items in the March 24, 1995, Federal

Register.

1. Ducks

The categories used to discuss issues related to duck harvest

management are as follows: (A) General Harvest Strategy, (B) Framework

Dates, (C) Season Length, (D) Closed Seasons, (E) Bag Limits, (F) Zones

and Split Seasons, and (G) Special Seasons/Species Management. Only

those categories containing substantial recommendations are included

below.

A. General Harvest Strategy

In the March 24, 1995, Federal Register, the Service proposed that

the choice of regulations frameworks for the 1995-96 regular duck

season be limited to three sets of frameworks similar to those in

effect during the 1979-93 hunting seasons. These three framework

options were generally described as restrictive, moderate, or liberal.

The Service also subsequently proposed in an information package made

available on March 24, 1995, specific guidelines for selecting one of

these framework packages based on the size of the mallard breeding

population and habitat conditions in May 1995. The information package

contained specific details of this year's proposed regulatory

``packages'' for each flyway, guidelines for the use of these

regulatory packages, and a general description of the harvest

management objective and duck population dynamics that were considered

in the process. Based on public comments to date, the Service is

continuing to refine the guidelines for the use of these regulatory

packages and the specific details of the proposed packages for each

flyway in this transition year to the Service's proposed development of

a more formal and objective decision-making process

management objective and duck population dynamics that were considered

in the process. Based on public comments to date, the Service is

continuing to refine the guidelines for the use of these regulatory

packages and the specific details of the proposed packages for each

flyway in this transition year to the Service's proposed development of

a more formal and objective decision-making process.

All four Flyway Councils have endorsed the proposal to limit the

choice of 1995-96 frameworks to three packages. However, the Pacific,

Central, and Mississippi Flyway Councils recommended some modifications

to the specific regulatory packages proposed, and these modifications

are identified below under ``Framework Dates'', ``Season Length'', and

``Bag Limits.''

The Atlantic Flyway Council endorsed the guidelines proposed for

selecting a regulations package in 1995, but commented that the

guidelines were based only on mid-continent mallards, which comprise a

very small portion of the duck harvest in the Atlantic Flyway. The

Lower-Region Regulations Committee of the Mississippi Flyway Council

also endorsed the guidelines. The Central Flyway Council and the Upper-

Region Regulations Committee of the Mississippi Flyway Council

expressed concerns about using the guidelines before the proposed

general approach to managing duck harvests has been thoroughly reviewed

by all interested parties. These concerns related only to the 1995-96

hunting season. The Pacific Flyway Council supported the general format

of the guidelines, but expressed reservations about guidelines based

upon mid-continent mallards and a harvest strategy that does not permit

greater harvest opportunity on lightly-harvested species. Further, the

Council urged development of a specific harvest strategy for pintails,

the second-most important species in the Pacific Flyway harvest.

B

Flyway Council supported the general format

of the guidelines, but expressed reservations about guidelines based

upon mid-continent mallards and a harvest strategy that does not permit

greater harvest opportunity on lightly-harvested species. Further, the

Council urged development of a specific harvest strategy for pintails,

the second-most important species in the Pacific Flyway harvest.

B. Framework Dates

In the frameworks packages proposed for 1995-96, the Pacific and

Central Flyway Councils and the Upper-Region Regulations Committee of

the Mississippi Flyway Council recommended that the framework opening

and closing dates in all 3 packages be the Saturday nearest October 1

and the Sunday nearest January 20. The Lower-Region Regulations

Committee of the Mississippi Flyway Council recommended that the

opening and closing dates be the Saturday nearest October 1 and January

20 in all three packages.

C. Season Length

In the frameworks packages proposed for 1995-96, the Pacific Flyway

Council recommended that in the ``restrictive'' package, the season

length be 60 days instead of 59 days.

E. Bag Limits

In the frameworks packages proposed for 1995-96, the Pacific Flyway

Council recommended that mallard daily bag limits be 5 (with 1 hen)

instead of 4 (with 1 hen) in the ``moderate'' package and 6 (with 2

hens) instead of 6 (with 1 hen) in the ``liberal'' package. The Council

also recommended that the pintail daily bag limit in the ``liberal''

package be 3 birds instead of 2.

The Central Flyway Council recommended reinstating the point-system

option for establishing the daily bag limit for ducks in 1995. Further,

the Council also would like to work with the Service in another

cooperative review of its point-system policy.

F

n the ``liberal'' package. The Council

also recommended that the pintail daily bag limit in the ``liberal''

package be 3 birds instead of 2.

The Central Flyway Council recommended reinstating the point-system

option for establishing the daily bag limit for ducks in 1995. Further,

the Council also would like to work with the Service in another

cooperative review of its point-system policy.

F. Zones and Split Seasons

The Central Flyway Council recommended that the Service eliminate

its policy that States may not zone and/or use a 3-way split season

simultaneously within a special management unit and the remainder of

the State when establishing duck hunting zones.

G. Special Seasons/Species Management

The Upper-Region Regulations Committee of the Mississippi Flyway

Council recommended that during the first 9 days of the regular duck

season, production States be given the option of 1 additional blue- or

green-winged teal in the bag limit during a 3-year experimental period.

i. Canvasback

As part of the general harvest strategy, the Pacific Flyway Council

recommended that limits on canvasbacks follow the Service's harvest

strategy; however, the Council believes that canvasbacks should be

managed by western and eastern populations.

ii. September Teal Seasons

The Central Flyway Council recommended that the September teal

season in the Central Flyway be increased from 9 to 16 days.

4. Canada Geese

al harvest strategy, the Pacific Flyway Council

recommended that limits on canvasbacks follow the Service's harvest

strategy; however, the Council believes that canvasbacks should be

managed by western and eastern populations.

ii. September Teal Seasons

The Central Flyway Council recommended that the September teal

season in the Central Flyway be increased from 9 to 16 days.

4. Canada Geese

A. Special Seasons

The Atlantic Flyway Council recommended that Delaware and Rhode

Island be permitted to initiate a 3-year experimental resident Canada

goose season with framework dates of September 1 to 15.

The Atlantic Flyway Council also recommended that Massachusetts,

New Jersey, New York, North Carolina, Pennsylvania, and Virginia be

permitted to expand the hunt areas of their experimental goose seasons.

In North Carolina, the Atlantic Flyway Council requested that the

framework date for the experimental resident Canada goose season in the

Northeast hunt area be September 1 to 20.

The Upper-Region Regulations Committee of the Mississippi Flyway

Council recommended modification of the early Canada goose seasons

criteria to allow any State to conduct a non-experimental special

season between the dates of September 1 and 15. The Committee

recommended that States continue monitoring hunter activity and success

until they begin participation in the Harvest Information Program and

close areas where evidence from band recoveries or other sources

indicated unacceptable (greater than 10 percent) harvest non-target

populations of concern. Special seasons occurring after September 15

would be required to meet all existing Service criteria for special

resident Canada goose seasons and would not be altered in any way

during the 3-year experimental period.

If the above modifications to the special-season criteria are not

approved,

ources

indicated unacceptable (greater than 10 percent) harvest non-target

populations of concern. Special seasons occurring after September 15

would be required to meet all existing Service criteria for special

resident Canada goose seasons and would not be altered in any way

during the 3-year experimental period.

If the above modifications to the special-season criteria are not

approved,

the Upper-Region Regulations Committee recommended the following

experimental special seasons:

In Indiana, a Statewide season during September 1 to 15.

In Illinois, a season in the nine northeast counties of the State

during September 9 to 18.

In Wisconsin, expand the size of the Southeastern Zone for a

September 1 to 13 season.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council recommended that the flyway-wide framework for special resident

giant Canada goose seasons be September 1 to 15 where areas of concern

do not exist.

In Tennessee, the Lower-Region Regulations Committee of the

Mississippi Flyway Council recommended that the zone for the special

resident Canada goose season in east Tennessee be expanded from 11 to

28 counties, east of and including Anderson, Campbell, Hamilton, Rhea,

and Roane Counties. The Committee also recommended that Tennessee be

permitted to hold a special September Canada goose season in the

Kentucky/Barkley Lakes Zone in west Tennessee.

The Pacific Flyway Council requested modification of the early

Canada goose seasons criteria to allow any State to conduct a season

between the dates of September 1 and 15 for a 3-year experimental

period. The Council recommended that States continue monitoring hunter

activity and success until they begin participation in the Harvest

Information Program and close areas where evidence from band recoveries

or other sources indicated unacceptable (greater than 10 percent)

harvest of non-target populations of concern

in.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council recommended that the Canada goose hunting season in Louisiana

be expanded from the Southwest Louisiana Zone to Statewide, using the

same guidelines followed during the past 5 years.

The Pacific Flyway Council recommended a daily bag limit of 1

cackling Canada goose in northwestern Oregon and southwestern

Washington. The Council recommends allowing one additional cackling

Canada goose in the bag if additional Canada goose hunting season

closures are required to further protect dusky Canada geese, however,

and provided that the 1995 breeding pair index indicates a continued

increase in the cackling Canada goose population and the strategy for

harvesting not more than 1,500 in northwestern Oregon and 1,000 in

southwestern Washington remains unchanged.

7. Snow and Ross's (Light) Geese

The Central Flyway Council recommended that framework dates for

hunting light geese in the Central Flyway be extended to March 10.

8. Tundra Swans

The Pacific Flyway Council recommended a 5-year experimental swan

season that would allow a restricted take of trumpeter swans in

otherwise tundra swan hunting seasons, with the previous tundra swan

seasons and areas open to hunting being modified to minimize the take

of trumpeter swans. The Council seeks a responsible balance between its

efforts to enhance expansion of the Rocky Mountain Population (RMP) of

trumpeter swans and accommodate opportunities to hunt tundra swans.

The Pacific Flyway Council recommended changing the closing date

for swan hunting seasons from the Sunday closest to January 20 to

December 1 for Montana, the Sunday closest to December 15 for Utah, and

the Sunday following January 1 for Nevada.

The Pacific Flyway Council also recommended changes to the swan

hunt areas in Montana and Utah. In Montana, those portions of Pondera

and Teton Counties west of U.S. Highways 287-89 would be deleted from

the open area, while Choteau County would be added

closest to January 20 to

December 1 for Montana, the Sunday closest to December 15 for Utah, and

the Sunday following January 1 for Nevada.

The Pacific Flyway Council also recommended changes to the swan

hunt areas in Montana and Utah. In Montana, those portions of Pondera

and Teton Counties west of U.S. Highways 287-89 would be deleted from

the open area, while Choteau County would be added. Utah would be

reduced from the Statewide hunt area that existed prior to 1994 to just

the Great Salt Lake Basin, i.e., those portions of Box Elder, Weber,

Davis, Salt Lake, and Tooele Counties bounded by Utah State Highway 30,

Interstate 80/84, Interstate 15, and Interstate 80.

The Pacific Flyway Council also recommended that the number of swan

permits remain unchanged at 500 for Montana and 650 for Nevada but

increased from 2,500 to 2,750 for Utah. The Council deemed the increase

in Utah permits as appropriate to partially offset anticipated

reduction in swan hunting opportunities resulting from the recommended

changes.

In addition to the foregoing changes, the Pacific Flyway Council

proposed limiting the potential take of trumpeter swans by establishing

a quota of 20 trumpeter swans which would be divided between Utah and

Nevada prior to the season. A State season would be allowed, within the

frameworks, so long as that quota had not been attained; however, the

season would be closed through emergency action by the affected State

upon attainment of that quota. To measure the take of trumpeters with

respect to the quota, the Council recommended hunters in Utah and

Nevada be required to participate in a mandatory parts check at

designated sites within 72 hours of harvesting any swan. In Montana,

where there would be no recommended quota, species composition of the

harvest would be determined through the voluntary bill-measurement card

program currently operated by the State.

Mr. Laurence N

spect to the quota, the Council recommended hunters in Utah and

Nevada be required to participate in a mandatory parts check at

designated sites within 72 hours of harvesting any swan. In Montana,

where there would be no recommended quota, species composition of the

harvest would be determined through the voluntary bill-measurement card

program currently operated by the State.

Mr. Laurence N. Gillette, representing The Trumpeter Swan Society

(TTSS), submitted an integrated package of recommendations for

enhancing efforts to expand both the winter and summer range of RMP of

trumpeter swans while allowing continuation of significantly modified

tundra swan seasons in Montana, Utah, and Nevada. Dispersal of

trumpeter swans from winter concentration areas in less-than-optimum,

high-mountain habitats in the Tri-state Area of Montana, Wyoming, and

Idaho is deemed of primary importance and, if accomplished, would

likely result in trumpeter swans following tundra swan migration

corridors through hunt areas in Utah and Nevada enroute to California.

Aside from recommendations regarding management actions directed

only at RMP trumpeter swans, TTSS recommended that the Service minimize

the mortality of trumpeters during tundra swan seasons by: (1)

authorizing seasons only during times of peak tundra swan abundance

when the generally later-arriving RMP trumpeter swans are less likely

to be present and the ratio of tundra to trumpeters is highest, i.e.,

Montana and Utah - open early to mid-October and close by December 1,

Nevada - open early to mid-October and close by January 1; (2)

authorizing tundra swan hunting only

seasons by: (1)

authorizing seasons only during times of peak tundra swan abundance

when the generally later-arriving RMP trumpeter swans are less likely

to be present and the ratio of tundra to trumpeters is highest, i.e.,

Montana and Utah - open early to mid-October and close by December 1,

Nevada - open early to mid-October and close by January 1; (2)

authorizing tundra swan hunting only

in key tundra swan hunting areas, i.e., Montana (Pacific Flyway

portion) - Freezeout Lake and currently hunted areas east of U.S.

Highway 287 between Augusta and Choteau and east of U.S. Highway 89

between Choteau and the Blackfeet Indian Reservation; Utah - Great Salt

Lake Basin, specifically those portions of Box Elder, Weber, Davis,

Salt Lake and Tooele Counties that lie south of Utah State Highway 30

and Interstate 84, west of Interstate 15, and north of Interstate 80;

Nevada - same as in 1994 because swan hunting is currently restricted

to concentration areas in western Nevada; and (3) identifying specific

hunt management actions and prohibitions on the Bear River Migratory

Bird Refuge in Utah.

Should the above three recommendations regarding tundra swan

hunting be fully implemented, TTSS would not object to the Service

authorizing an accidental harvest quota of not more than 25 trumpeter

swans for the Pacific Flyway States and, thereby, removing liability

from tundra swan hunters mistakenly shooting a trumpeter swan. The

quota would be subject to the following: (1) the quota would be

allocated prior to the season, (2) a State could optionally zone and

allocate the quota among zones before the season, but the zone or

entire Statewide hunt area will close immediately if the quota is

attained, (3) require that swans be tagged immediately and brought in

to be checked and measured within 3 days, and (4) each permittee must

either check a tagged bird or submit an unused tag at the end of the

season, with penalties for noncompliance

lly zone and

allocate the quota among zones before the season, but the zone or

entire Statewide hunt area will close immediately if the quota is

attained, (3) require that swans be tagged immediately and brought in

to be checked and measured within 3 days, and (4) each permittee must

either check a tagged bird or submit an unused tag at the end of the

season, with penalties for noncompliance. Specific efforts to monitor

RMP trumpeter swans and to educate hunters were recommended.

Service Response: During 1994, the Service restricted the tundra

swan season and hunt areas in Utah and required Montana, Utah, and

Nevada to measure the accidental take, if any, of trumpeter swans

during the tundra swan seasons. Pending reports on the occurrence and

take of trumpeter swans in the hunt areas last year, possible

additional changes may be warranted. The Service believes continued

tundra swan hunting in these three States is warranted but that seasons

may be modified to minimize, but not preclude, the accidental take of

trumpeter swans. A general swan season with a limited, biologically

acceptable, but very controlled take of trumpeter swans may be a

feasible approach to accommodate management objectives for both

species. Final decision on such an approach, however, will be deferred

until the late-season final frameworks, when all public comment has

been considered.

9. Sandhill Cranes

The Central Flyway Council recommended that the Wyoming sandhill

crane hunting season be expanded to Park and Bighorn Counties.

The Pacific Flyway Council recommended following the management

plan with respect to seasons on the Rocky Mountain Population of

greater sandhill cranes. Pending final results of the March 1995 survey

which should be available in June 1995, harvest guidelines would allow

an open season in the States of Arizona, Colorado, Idaho, Montana, New

Mexico, Utah, and Wyoming if the population is above 16,000 cranes;

otherwise, there would be no open season

gement

plan with respect to seasons on the Rocky Mountain Population of

greater sandhill cranes. Pending final results of the March 1995 survey

which should be available in June 1995, harvest guidelines would allow

an open season in the States of Arizona, Colorado, Idaho, Montana, New

Mexico, Utah, and Wyoming if the population is above 16,000 cranes;

otherwise, there would be no open season. With an open season, there

would be no change in frameworks.

14. Woodcock

The Atlantic Flyway Council recommended that woodcock season

frameworks remain unchanged in the Eastern Region for 1995-96 unless

adverse weather substantially depresses the breeding populations as

measured by the 1995 Singing Ground Survey. The Council believes that

population declines are attributed to habitat loss and degradation

rather than due to current harvest levels.

18. Alaska

The Pacific Flyway Council recommended changes in bag and

possession limits for ducks in Alaska. Specifically, the Council

requested for the framework set and the combined moderate-liberal

framework set, respectively, the following bag and possession limits:

North Zone 8/24 or 10/30, Gulf Coast Zone 6/18 or 8/24, and Southeast,

Pribilof/Aleutian, and Kodiak zones 5/15 or 7/21; pintail limits 2/4;

and canvasback limits 2/4. Sea duck limits of 15/30 would be separate,

with seasons to remain closed on spectacled and Steller's eiders.

20. Puerto Rico

Puerto Rico recommended that the daily bag limit for ducks be

increased from 3 to 4 birds and that the daily bag limit for snipe be

increased from 6 to 8 birds.

Public Comment Invited

ian, and Kodiak zones 5/15 or 7/21; pintail limits 2/4;

and canvasback limits 2/4. Sea duck limits of 15/30 would be separate,

with seasons to remain closed on spectacled and Steller's eiders.

20. Puerto Rico

Puerto Rico recommended that the daily bag limit for ducks be

increased from 3 to 4 birds and that the daily bag limit for snipe be

increased from 6 to 8 birds.

Public Comment Invited

The Service intends that adopted final rules be as responsive as

possible to all concerned interests, and therefore desires to obtain

for consideration the comments and suggestions of the public, other

concerned governmental agencies, non-governmental organizations, and

other private interests on these proposals. Such comments, and any

additional information received, may lead to final regulations that

differ from these proposals.

Special circumstances are involved in the establishment of these

regulations which limit the amount of time that the Service can allow

for public comment. Specifically, two considerations compress the time

in which the rulemaking process must operate: (1) the need to establish

final rules at a point early enough in the summer to allow affected

State agencies to appropriately adjust their licensing and regulatory

mechanisms; and (2) the unavailability, before mid-June, of specific,

reliable data on this year's status of some waterfowl and migratory

shore and upland game bird populations. Therefore, the Service believes

that to allow comment periods past the dates specified is contrary to

the public interest.

Comment Procedure

cted

State agencies to appropriately adjust their licensing and regulatory

mechanisms; and (2) the unavailability, before mid-June, of specific,

reliable data on this year's status of some waterfowl and migratory

shore and upland game bird populations. Therefore, the Service believes

that to allow comment periods past the dates specified is contrary to

the public interest.

Comment Procedure

It is the policy of the Department of the Interior, whenever

practical, to afford the public an opportunity to participate in the

rulemaking process. Accordingly, interested persons may participate by

submitting written comments to the 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. Comments

received will be available for public inspection during normal business

hours at the Service's office in room 634, Arlington Square Building,

4401 N. Fairfax Drive, Arlington, Virginia. All relevant comments

received during the comment period will be considered. The Service will

attempt to acknowledge received comments, but substantive response to

individual comments may not be provided.

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. Notice of Availability

was published in the Federal Register on June 16, 1988 (53 FR 22582).

The Service's Record of Decision was published 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, hunting regulations this year will be designed,

among other

of Availability

was published in the Federal Register on June 16, 1988 (53 FR 22582).

The Service's Record of Decision was published 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, hunting regulations this year will be designed,

among other

things, to remove or alleviate chances of conflict between seasons for

migratory game birds and the protection and conservation of endangered

and threatened species. Consultations are presently under way 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. It is possible that the findings from the consultations, which

will be included in a biological opinion, may cause modification of

some regulatory measures proposed in this document. Any modifications

will be reflected in the final frameworks. The Service's biological

opinions resulting from its consultation under Section 7 are considered

public documents and are available for public inspection in the

Division of Endangered Species and the Office of Migratory Bird

Management, U.S. Fish and Wildlife Service, Arlington Square Building,

4401 N. Fairfax Drive, Arlington, Virginia.

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

Paperwork Reduction Act

resulting from its consultation under Section 7 are considered

public documents and are available for public inspection in the

Division of Endangered Species and the Office of Migratory Bird

Management, U.S. Fish and Wildlife Service, Arlington Square Building,

4401 N. Fairfax Drive, Arlington, Virginia.

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

Paperwork Reduction Act

In the Federal Register dated March 24, 1995 (60 FR 15642), the

Service reported measures it had undertaken to comply with requirements

of the Regulatory Flexibility Act and the Executive Order. These

included preparing an Analysis of Regulatory Effects and an updated

Final Regulatory Impact Analysis (FRIA), and publication of a summary

of the latter. Although a FRIA is no longer required, the economic

analysis contained in the FRIA was reviewed and the Service determined

that it met the requirements of E.O. 12866. However, the Service is

currently preparing a Small Entity Flexibility Analysis, under the

Regulatory Flexibility Act (5 U.S.C. 601 et seq), to further document

the significant beneficial economic effect on a substantial number of

small entities. This rule was not subject to review by the Office of

Management and Budget (OMB) under E.O. 12866.

These proposed regulations contain no information collections

subject to OMB review under the Paperwork Reduction Act of 1980 (44

U.S.C. 3501 et seq.). However, the Service does utilize information

acquired through other various information collections in the

formulation of migratory game bird hunting regulations. These

information collection requirements have been approved by OMB and

assigned clearance numbers 1018-0005, 1018-0006, 1018-0008, 1018-0009,

1018-0010, 1018-0015, 1018-0019, and 1018-0023.

Authorship

The primary authors of this proposed rule are Ron W. Kokel and

Patricia R. Hairston, Office of Migratory Bird Management.

List of Subjects in 50 CFR part 20

ry game bird hunting regulations. These

information collection requirements have been approved by OMB and

assigned clearance numbers 1018-0005, 1018-0006, 1018-0008, 1018-0009,

1018-0010, 1018-0015, 1018-0019, and 1018-0023.

Authorship

The primary authors of this proposed rule are Ron W. Kokel and

Patricia R. Hairston, Office of Migratory Bird Management.

List of Subjects in 50 CFR part 20

Exports, Hunting, Imports, Reporting and recordkeeping

requirements, Transportation, Wildlife.

The rules that eventually will be promulgated for the 1995-96

hunting season are authorized under the Migratory Bird Treaty Act (July

3, 1918), as amended, (16 U.S.C. 703-711); the Fish and Wildlife

Improvement Act (November 8, 1978), as amended, (16 U.S.C. 712); and

the Fish and Wildlife Act of 1956 (August 8, 1956), as amended, (16

U.S.C. 742 a-d and e-j).

Dated: June 5, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 95-14756 Filed 6-15-95; 8:45 am]

BILLING CODE 4310-55-F

Editorial Note: This document was originally published at 60 FR

31890, June 16, 1995, and is being reprinted in its entirety because

of typesetting errors.