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

Part II

Department of the Interior

_______________________________________________________________________

Fish and Wildlife Service

_______________________________________________________________________

50 CFR Part 20

Supplemental Proposals for Migratory Game Bird Hunting Regulations;

Notice of Meetings; Proposed Rule

Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN: 1018-AD69

Migratory Bird Hunting; Supplemental Proposals for Migratory Game

Bird Hunting Regulations; Notice of Meetings.

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 for the 1996-97 hunting season. This

supplement to the proposed rule provides the regulatory schedule,

announces the Service Migratory Bird Regulations Committee and Flyway

Councils meetings, and describes proposed changes from 1995-96 hunting

regulations.

DATES: The Service Migratory Bird Regulations Committee will consider

and develop proposed regulations for early-season migratory bird

hunting on June 25, 26, and 27, and for late-season migratory bird

hunting on July 31, August 1, and 2. The Service will hold public

hearings on proposed early- and late-season frameworks at 9:00 a.m. on

June 27 and August 2, 1996, 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 25, 1996. The comment period for late-season proposals will end on

September 3, 1996.

ADDRESSES: The Service Migratory Bird Regulations Committee will meet

in room 200 of the U.S. Fish and Wildlife Service's Arlington Square

Building, 4401 N. Fairfax Drive, Arlington, Virginia

nting-season frameworks for Alaska, Hawaii,

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

July 25, 1996. The comment period for late-season proposals will end on

September 3, 1996.

ADDRESSES: The Service Migratory Bird Regulations Committee will meet

in room 200 of the U.S. Fish and Wildlife Service's Arlington Square

Building, 4401 N. Fairfax Drive, Arlington, Virginia. The Service will

hold public hearings in the Auditorium of the Department of the

Interior Building, 1849 C Street, NW., Washington, DC. Parties should

submit written comments on the proposals and/or a notice of intent to

participate in either hearing 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. The public may

inspect comments 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 1996

On March 22, 1996, the Service published in the Federal Register

(61 FR 11992) 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. The Service will propose early-season frameworks in late

June and late-season frameworks in early August. The Service will

publish final regulatory frameworks for early seasons on or about

August 14, 1996, and those for late seasons on or about September 23,

1996

K. This document is the second in a series of

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

regulations. The Service will propose early-season frameworks in late

June and late-season frameworks in early August. The Service will

publish final regulatory frameworks for early seasons on or about

August 14, 1996, and those for late seasons on or about September 23,

1996.

On June 27, 1996, the Service will hold a public hearing 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 2, 1996, the Service will hold a public hearing 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 27 public hearing.

Announcement of Service Migratory Bird Regulations Committee

Meetings

The June 25 meeting will review information on the current status

of migratory shore and upland game birds and develop 1996-97 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. In addition, the Service will review and discuss

preliminary information on the status of waterfowl as it relates to the

development of the regulatory packages for the 1996-97 regular

waterfowl seasons. The June 26 meeting will ensure that the Service

develops its regulations recommendations in full consultation.

The July 31 meeting will review information on the current status

of waterfowl and develop 1996-97 migratory game bird regulations

recommendations for regular waterfowl seasons and other species and

seasons not previously discussed at the early season meetings

ar

waterfowl seasons. The June 26 meeting will ensure that the Service

develops its regulations recommendations in full consultation.

The July 31 meeting will review information on the current status

of waterfowl and develop 1996-97 migratory game bird regulations

recommendations for regular waterfowl seasons and other species and

seasons not previously discussed at the early season meetings. The

August 1 meeting will ensure that the Service develops its regulations

recommendations in full consultation.

In accordance with Departmental policy on meetings of the Service

Migratory Bird Regulations Committee attended by any person outside the

Department, these meetings will be open to public observation. Members

of the public may submit written comments on the matters discussed to

the Director.

Announcement of Flyway Council Meetings

On July 27-29, 1996, Service representatives will attend the joint

and individual Flyway Council meetings at the Adams Mark Hotel in

Kansas City, Missouri. Although specific agendas are not yet available,

these meetings will begin the afternoon of the 27th and close the

afternoon of the 29th.

Review of Public Comments

This supplemental rulemaking describes recommended changes based on

the preliminary proposals published in the March 22, 1996, Federal

Register. This supplement includes only those recommendations requiring

either new proposals or substantial modification of the preliminary

proposals. This supplement does not include recommendations that

support or oppose but do not recommend alternatives to the preliminary

proposals. The Service will consider these comments later in the

regulations-development process. The Service will publish responses to

proposals, written comments, and public-hearing testimony when it

develops final frameworks.

The Service seeks additional information and comments on the

recommendations in this supplemental proposed rule

but do not recommend alternatives to the preliminary

proposals. The Service will consider these comments later in the

regulations-development process. The Service will publish responses to

proposals, written comments, and public-hearing testimony when it

develops final frameworks.

The Service seeks additional information and comments on the

recommendations in this supplemental proposed rule. The Service will

consider all recommendations and associated comments 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 22, 1996,

Federal Register.

1. Ducks

Categories used to discuss issues related to duck harvest

management are: (A) Harvest Strategy Considerations, (B) Framework

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

and Split Seasons, and (G)

Special Seasons/Species Management. Categories containing substantial

recommendations are discussed below.

A. Harvest Strategy Considerations

Council Recommendations: In the March 22, 1996, Federal Register,

the Service reported on recommendations made by an Adaptive Harvest

Management (AHM) technical working group for the 1996 regulatory

process. Comprised of representatives from the Service and the four

Flyway Councils, the working group was established in 1992 to develop

recommendations for improving the regulation of duck harvests. The

working group's function is, however, strictly technical in nature.

All four Flyways continued to express support for the AHM approach

to setting duck hunting regulations

he 1996 regulatory

process. Comprised of representatives from the Service and the four

Flyway Councils, the working group was established in 1992 to develop

recommendations for improving the regulation of duck harvests. The

working group's function is, however, strictly technical in nature.

All four Flyways continued to express support for the AHM approach

to setting duck hunting regulations. However, the Mississippi, Central,

and Pacific Flyway Councils recommended some modifications to the

specific regulatory packages recommended by the working group, and

these modifications are identified below under ``Season Length,'' ``Bag

Limits,'' and ``Special Seasons/Species Management.''

The Atlantic Flyway Council endorsed the AHM technical working

group's recommendations regarding harvest-management objectives, use of

mid-continent mallard population models, and regulatory options for the

Atlantic Flyway in 1996.

The Upper-Region Regulations Committee of the Mississippi Flyway

Council expressed support for no more than three regulations packages,

but recommended a harvest-management objective (objective function)

that achieves an equal balance between harvest and a breeding

population objective of 8.1 million mallards.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council requested the working group investigate the addition of both a

more conservative and a more liberal regulatory package to the group of

regulations packages offered for the 1997-98 hunting season.

The Central Flyway Council supported the working group's

recommendation to modify the objective function so that it continue to

reflect the broad resource values of the population goals of the North

American Waterfowl Management Plan (NAWMP), but commented that many

technical issues will need to be resolved before AHM will be fully

operational for multiple stocks of ducks

-98 hunting season.

The Central Flyway Council supported the working group's

recommendation to modify the objective function so that it continue to

reflect the broad resource values of the population goals of the North

American Waterfowl Management Plan (NAWMP), but commented that many

technical issues will need to be resolved before AHM will be fully

operational for multiple stocks of ducks.

The Pacific Flyway Council endorsed the AHM working group's 1996

duck regulations approach and, with the exception of a harvest strategy

for pintails, recommendations for the 1996 regulations process.

B. Framework Dates

Council Recommendations: The Lower-Region Regulations Committee of

the Mississippi Flyway Council recommended the AHM technical working

group investigate the impacts of a January 31 framework closing date.

C. Season Length

Council Recommendations: In the regulations packages recommended

for 1996-97, the Upper- and Lower-Region Regulations Committees of the

Mississippi Flyway Council recommended the season length in the

``liberal'' package be 51 days instead of 50 days. The Central Flyway

Council recommended the season length in the ``liberal'' package be 67

days instead of 60 days.

D. Bag Limits

Council Recommendations: The Upper- and Lower-Region Regulations

Committees of the Mississippi Flyway Council and the Central Flyway

Council recommended the redhead daily bag limit in the ``liberal''

package be 2 birds instead of 1.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council also recommended the overall daily bag limit in the ``liberal''

package be 6 birds instead of 5, and within this overall limit, the

daily bag limit for mottled ducks be 4 instead of 3; and the limit for

ringnecks, scaup, goldeneyes, and buffleheads be 4 instead of 5. Limits

for black ducks, pintails, wood ducks, and canvasbacks would be the

same as in 1995

e of the Mississippi Flyway

Council also recommended the overall daily bag limit in the ``liberal''

package be 6 birds instead of 5, and within this overall limit, the

daily bag limit for mottled ducks be 4 instead of 3; and the limit for

ringnecks, scaup, goldeneyes, and buffleheads be 4 instead of 5. Limits

for black ducks, pintails, wood ducks, and canvasbacks would be the

same as in 1995.

Written Comments: The Massachusetts Division of Fisheries and

Wildlife recommended any ``liberal'' regulatory package delete the hen

mallard restriction in the Atlantic Flyway.

E. Zones and Split Seasons

In 1990, the Service established guidelines for the use of zones

and split seasons for duck hunting (Federal Register 55 FR 38901).

These guidelines were based upon a cooperative review and evaluation of

the historical use of zone/split options. The Service reiterated 1977

criteria that the primary purpose of these options would be to provide

more equitable distribution of harvest opportunity for hunters

throughout a State. In 1977, the Service had also stated that these

regulations should not substantially change the pattern of harvest

distribution among States within a Flyway, nor should these options

detrimentally change the harvest distribution pattern among species or

populations at either the State or Flyway level. The 1990 review did

not show that the proliferation of these options had increased harvest

pressure; however, the ability to detect the impact of zone/split

configurations was poor because of poorly chosen response variables,

the lack of statistical tests to differentiate between real and

perceived changes, and the absence of adequate experimental controls.

Therefore, the 1990 strategy intended to provide a framework for

controlling the proliferation of changes in zone/split options and

limited changes to 5-year intervals. The first open season for changes

was in 1991 and the second occurs this year when zone/split

configurations will be established for the 1996-2000 period

d

perceived changes, and the absence of adequate experimental controls.

Therefore, the 1990 strategy intended to provide a framework for

controlling the proliferation of changes in zone/split options and

limited changes to 5-year intervals. The first open season for changes

was in 1991 and the second occurs this year when zone/split

configurations will be established for the 1996-2000 period.

Council Recommendations: The Flyway Councils made several

recommendations on the Service's proposed guidelines on the use of

zones and split seasons for duck hunting. The Service published these

guidelines in the March 22, 1996, Federal Register.

The Central Flyway Council recommended non-contiguous zones be

allowed when supported by adequate justification. The Council also made

several recommendations regarding the use of additional days in the

High Plains Management Unit. The Council recommended the restrictions

``must be consecutive'' and ``after the regular duck season'' be

removed from the proposed guidelines. Further, the Council recommended

additional days in the management unit be restricted to one split

(i.e., two segments).

The Pacific Flyway Council recommended the guidelines for zones

allow identical season dates and/or different zoning configurations

with different regulatory packages.

Regarding Flyway Council recommendation for specific changes

requested by States, the Atlantic Flyway Council recommended the State

of Maine be granted a waiver for its proposed zoning option for 1996-

2000. The Upper-Region Regulations Committee of the Mississippi Flyway

Council recommended the Service approve changes to zone-boundary

configurations proposed by Illinois, Indiana, Michigan, and Wisconsin

for the 1996-2000 period. The Central Flyway Council recommended the

Service approve Nebraska's duck hunting zone proposal. The Pacific

Flyway Council recommended the Service approve duck zone changes in

Arizona, Nevada, Oregon, and Utah for the 1996-2000 period

way

boundaries, States may not zone and/or use a 3-way split season

simultaneously within a special management unit and the remainder of

the State.

The Service proposed this change with the understanding that the

additional days allowed for a management unit must be consecutive and,

for the Central Flyway, be held both after the Saturday nearest

December 10 and after the regular duck season. While the Service

continues to support this proposed change, based on preliminary

comments, the Service is now proposing an additional special provision

for management units: For the States that have a recognized management

unit and include a non-management unit portion, an independent 2-way

split season with no zones can be selected for the management unit. The

remainder of the State in the non-management unit portion can be zoned/

split according to existing guidelines.

Regarding the Central Flyway Council recommendation that the

criteria ``must be consecutive'' and ``after the regular duck season''

be removed from the guidelines on the use of additional High Plains

Management Unit days, the Service reviewed the justification provided

and believes that restrictions regarding the use of additional days

should remain as proposed.

Regarding Flyway Council recommendations to alter the definition

and interpretation of a ``zone'' that would allow the establishment of

hunting areas with non-contiguous boundaries or concurrent seasons, the

Service has reviewed the rationale provided with the recommendations

and believes that the definition/interpretations previously used are

still appropriate. The requirement for contiguous boundaries for zones

and different season dates among zones supports a primary objective of

the guidelines for selecting zones/split seasons for duck hunting,

which is to improve stability in hunting regimes. If concurrent seasons

among zones were allowed, States would in effect have the option to

either zone or not zone

s previously used are

still appropriate. The requirement for contiguous boundaries for zones

and different season dates among zones supports a primary objective of

the guidelines for selecting zones/split seasons for duck hunting,

which is to improve stability in hunting regimes. If concurrent seasons

among zones were allowed, States would in effect have the option to

either zone or not zone. With respect to non-contiguous boundaries, the

Service believes that the current guidelines allow States sufficient

flexibility to address differences in physiography, climate, etc.

within a State. Allowing either of these exceptions in interpretation

could further confound our ability to regulate and evaluate overall

harvest pressure on ducks.

The following zone/split-season guidelines apply only for the

regular duck season and include several definitions and interpretations

developed in response to questions during and following the first open

season in 1991. For clarification, these are reiterated:

1. A zone is a geographic area or portion of a State, with a

contiguous boundary, for which independent dates (at least 1 day

difference) can be selected for the regular duck season.

2. Consideration of changes for management-unit boundaries are not

subject to the guidelines and provisions governing the use of zones and

split seasons for ducks.

3. Only minor (less than a county in size) boundary changes will be

allowed for any grandfather arrangement, and changes are limited to the

open season.

4. Any State may change its zone/split arrangement to the Basic

Option at any time during the 5 years between open seasons. If such a

change is made, the Basic Option must be continued for the remainder of

the 5-year period.

For the 1996-2000 period, any State may continue the configuration

used in 1991-1995. If changes are made, the zone/split-season

configuration must conform to one of the following options:

1

e its zone/split arrangement to the Basic

Option at any time during the 5 years between open seasons. If such a

change is made, the Basic Option must be continued for the remainder of

the 5-year period.

For the 1996-2000 period, any State may continue the configuration

used in 1991-1995. If changes are made, the zone/split-season

configuration must conform to one of the following options:

1. Basic Option: The Basic Option, available at any time to any

State, would allow the regular duck season to be split into two

segments with no zones.

2. Alternative Options: Where the Basic Option is deemed

undesirable, States may choose one of the following:

a. No more than three zones with no splits,

b. A 3-way split with no zones, or

c. Two zones with the option for 2-way split seasons in one or both

zones.

At the end of 5 years after any changes in splits or zones (except

conversions to the Basic Option), States will be required to provide

the Service with a review of pertinent data (e.g., estimates of

harvest, hunter numbers, hunter success, etc.). This review does not

have to be the result of a rigorous experimental design, but

nonetheless should assist the Service in ascertaining whether major

undesirable changes in harvest or hunter activity occurred as a result

of split and zone regulations. The next open season for changes in

zone/split configurations will be 2001.

Using the above revised guidelines, the Service reviewed specific

proposals for zoning changes submitted to date, including those

recommended by the Flyway Councils and those proposed by the various

States. Proposals by the States of Arizona, Illinois, Kentucky, Maine

(boundary change), Michigan, Mississippi, Montana, Nevada, Oregon,

South Dakota, Utah, and Wisconsin were within the established

guidelines and are approved for the 1996-2000 period

specific

proposals for zoning changes submitted to date, including those

recommended by the Flyway Councils and those proposed by the various

States. Proposals by the States of Arizona, Illinois, Kentucky, Maine

(boundary change), Michigan, Mississippi, Montana, Nevada, Oregon,

South Dakota, Utah, and Wisconsin were within the established

guidelines and are approved for the 1996-2000 period. Proposals by the

States of Indiana, Kansas, Maine (creation of third zone), and Wyoming

did not comply with the revised guidelines and the Service requests

these States revise their proposals accordingly.

Regarding Nebraska's proposed zoning plan, the Service does not

support the Central Flyway Council's recommendation that would allow a

variance to Nebraska or any other State for establishment of non-

contiguous zone boundaries. The use of ``early'' and ``late'' zones in

the Low Plains portion of Nebraska during 1991-95 is clearly outside

the established guidelines, but was allowed (1991-95) under the

grandfather clause. In the event that this arrangement is now

unacceptable, Nebraska must use the guidelines provided above to

establish a zone/split configuration for the 1996-2000 period. Under

the grandfather arrangement, minor boundary changes are allowed and

Nebraska's proposed Low Plains zone boundary changes would be

acceptable.

F. Special Seasons/Species Management

i. Canvasbacks

Council Recommendations: The Lower-Region Regulations Committee of

the Mississippi Flyway Council

guidelines provided above to

establish a zone/split configuration for the 1996-2000 period. Under

the grandfather arrangement, minor boundary changes are allowed and

Nebraska's proposed Low Plains zone boundary changes would be

acceptable.

F. Special Seasons/Species Management

i. Canvasbacks

Council Recommendations: The Lower-Region Regulations Committee of

the Mississippi Flyway Council

recommended canvasback regulations fluctuate within the regulations

packages commensurate with model predictions, breeding-population

indices, and habitat conditions.

ii. Pintails

Council Recommendations: The Central Flyway Council recommended a

harvest strategy for pintails based on the breeding population size.

The pintail daily bag limit would be 1 with a pintail breeding

population below 3.0 million; 2 with a breeding population between 3.0

and 4.5 million; 3 with a breeding population between 4.5 and 5.6

million; and equal to the overall daily bag limit with a breeding

population above 5.6 million.

The Pacific Flyway Council recommended guidelines for the 1996-97

Pacific Flyway pintail harvest regulations based on a prescriptive

basis. A matrix of breeding population size from a subset of survey

strata association with the Pacific Flyway breeding population and the

numbers of prairie ponds counted during the May survey would determine

bag limits.

iii. September Teal Seasons

Council Recommendations: The Upper-Region Regulations Committee of

the Mississippi Flyway Council recommended a 5-day experimental

September teal season be offered to the production States of Iowa,

Michigan, Minnesota, and Wisconsin for a 3-year period. The Committee

recommended a daily bag limit of 4 teal with sunrise to sunset shooting

hours.

The Central Flyway Council recommended a harvest strategy of

linking regulatory packages developed for the September teal season

with those developed for the regular duck season under the Adaptive

Harvest Management process

tion States of Iowa,

Michigan, Minnesota, and Wisconsin for a 3-year period. The Committee

recommended a daily bag limit of 4 teal with sunrise to sunset shooting

hours.

The Central Flyway Council recommended a harvest strategy of

linking regulatory packages developed for the September teal season

with those developed for the regular duck season under the Adaptive

Harvest Management process. For 1996, the Council recommended either a

``restrictive'' package of 5 days with a daily bag limit of 3 teal, a

``moderate'' package of 9 days with a daily bag limit of 4 teal, or a

``liberal'' package of 16 days with a daily bag limit of 5 teal.

iv. September Duck Seasons

Council Recommendations: The Upper-Region Regulations Committee of

the Mississippi Flyway Council recommended Iowa be allowed to hold up

to 5 days of its regular duck hunting season in September, starting no

earlier than the Saturday nearest September 14. The remainder of the

Iowa regular duck season could begin no earlier than October 10.

v. Other Species

Council Recommendations: The Atlantic Flyway Council recommended

black duck harvest restrictions in place during the 1990-94 period be

continued or increased for a 3-year period where necessary to ensure

adequate harvest reductions throughout the black duck range, beginning

with the 1997-98 hunting season.

4. Canada Geese

A. Special Seasons

Council Recommendations: The Atlantic Flyway Council recommended

the frameworks for September Canada goose seasons in the Atlantic

Flyway be modified as follows:

September 1-15: Montezuma region of New York, Lake Champlain region

of New York and Vermont, Maryland (Caroline, Cecil, Dorchester, and

Talbot Counties), South Carolina, and Delaware.

September 1-20: North Carolina (Currituck, Camden, Pasquotank,

Perquimans, Chowan, Bertie, Washington, Tyrrell, Dare, and Hyde

Counties).

September 1-30: New Jersey and remaining portion of North Carolina.

September 1-25: Remaining portion of Flyway, except Georgia and

Florida

of New York and Vermont, Maryland (Caroline, Cecil, Dorchester, and

Talbot Counties), South Carolina, and Delaware.

September 1-20: North Carolina (Currituck, Camden, Pasquotank,

Perquimans, Chowan, Bertie, Washington, Tyrrell, Dare, and Hyde

Counties).

September 1-30: New Jersey and remaining portion of North Carolina.

September 1-25: Remaining portion of Flyway, except Georgia and

Florida.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council recommended the Service continue to closely monitor the impacts

of early Canada goose seasons, including both special seasons and

September openings of regular seasons, to insure that cumulative

impacts do not adversely affect migrant Canada geese and to insure that

special seasons adhere to the criteria established by the Service.

The Upper-Region Regulations Committee of the Mississippi Flyway

Council and the Pacific Flyway Council made several recommendations

relating to September Canada goose seasons. All of the recommendations

were within the established criteria for special Canada goose seasons

published in the August 29, 1995, Federal Register (60 FR 45020).

Written Comments: The Massachusetts Division of Fisheries and

Wildlife supported extending the September frameworks for September

Canada goose seasons in the Atlantic Flyway to September 25.

B. Regular Seasons

Council Recommendations: The Upper-Region Regulations Committee of

the Mississippi Flyway Council recommended a September 21 framework

opening date for the regular goose season in the Upper Peninsula of

Michigan and statewide in Wisconsin.

The Pacific Flyway Council reiterated its 1995 recommendation that

Alaska, Oregon, and Washington take actions to reduce the harvest of

dusky Canada geese.

Written Comments: The Massachusetts Division of Fisheries and

Wildlife urged the Service to consider new data on Atlantic Population

Canada geese that supports two populations of northern Atlantic Flyway

geese.

7. Snow and Ross's Geese

The Pacific Flyway Council reiterated its 1995 recommendation that

Alaska, Oregon, and Washington take actions to reduce the harvest of

dusky Canada geese.

Written Comments: The Massachusetts Division of Fisheries and

Wildlife urged the Service to consider new data on Atlantic Population

Canada geese that supports two populations of northern Atlantic Flyway

geese.

7. Snow and Ross's Geese

Council Recommendations: The Lower-Region Regulations Committee of

the Mississippi Flyway Council recommended the Service give serious

consideration to innovative approaches to harvest management for snow

geese. The Committee also recommended the Service consider recent

changes in the Migratory Bird Treaty to provide greater hunter

opportunities for snow geese.

The Central Flyway Council recommended a March 10 framework closing

date for hunting light geese throughout the Central Flyway. However,

the Council further recommended within the Rainwater Basin Region in

Nebraska, the framework closing date be February 1 for hunting light

geese on land owned or controlled by the Nebraska Game and Parks

Commission or the Service.

8. Swans

Council Recommendations: The Atlantic Flyway Council recommended

eliminating the requirement that tundra swan seasons must be held

during snow goose seasons.

9. Sandhill Cranes

Council Recommendations: The Central Flyway Council recommended

Wyoming's sandhill crane hunt area expand to include Park and Big Horn

Counties.

The Pacific Flyway Council recommended season modifications in

Montana and Wyoming. In Montana, the Council recommended a new hunt

zone in the Ovando-Helmville area. In Wyoming, the Council recommended

expanding the season from 3 to 8 days, increasing the number of

permits, and establishing a new hunt zone in Park and Big Horn

Counties.

18. Alaska

and to include Park and Big Horn

Counties.

The Pacific Flyway Council recommended season modifications in

Montana and Wyoming. In Montana, the Council recommended a new hunt

zone in the Ovando-Helmville area. In Wyoming, the Council recommended

expanding the season from 3 to 8 days, increasing the number of

permits, and establishing a new hunt zone in Park and Big Horn

Counties.

18. Alaska

Council Recommendations: The Pacific Flyway Council recommended the

establishment of separate basic limits for geese. For dark geese, the

Council recommended a basic daily bag limit of 4, with 8 in possession.

For light geese, the Council recommended a daily bag limit of 3, with 6

in possession. The proposed limits would be subject to area

restrictions for Canada geese and limits for brant and emperor geese

would remain separate.

Public Comment Invited

The Service intends that adopted final rules be as responsive as

possible to all concerned interests, and therefore desires to obtain

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

The policy of the Department of the Interior, whenever practical,

affords 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. The public may inspect

comments during normal business hours at the Service's office in room

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

Virginia. The Service will consider all relevant comments received. 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. 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

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, 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. The final frameworks will reflect any modifications. The

Service's biological opinions resulting from its consultation under

Section 7 are 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

l opinions resulting from its consultation under

Section 7 are 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 22, 1996, the Service reported

measures it had undertaken to comply with requirements of the

Regulatory Flexibility Act and the Executive Order. These included

preparing a Small Entity Flexibility Analysis (Analysis) in 1995 to

document the significant beneficial economic effect on a substantial

number of small entities. The Analysis estimated that migratory bird

hunters would spend between $258 and $586 million at small businesses

in 1995. Copies of the Analysis are available upon request from the

Office of Migratory Bird Management. This rule was not subject to

review by the Office of Management and Budget under E.O. 12866.

The Service examined these proposed regulations under the Paperwork

Reduction Act of 1995 and found no information collection requirements.

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 1996-97

hunting season are authorized under 16 U.S.C. 703-711, 16 U.S.C. 712,

and 16 U.S.C. 742 a-j.

Dated: June 5, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 96-15015 Filed 6-12-96; 8:45 am]

BILLING CODE 4310-55-F