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

Part VII

Department of the Interior

_______________________________________________________________________

Fish and Wildlife Service

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50 CFR Part 20

Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird

Hunting Regulations; Notice of Meetings; Proposed Rule

Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE93

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 1998-99 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 the proposed regulatory alternatives

for the 1998-99 duck hunting seasons and other proposed changes from

the 1997-98 hunting regulations.

DATES: The Service Migratory Bird Regulations Committee will consider

and develop proposed regulations for early-season migratory bird

hunting on June 23 and 24, and for late-season migratory bird hunting

on August 4 and 5. All meetings will commence at approximately 8:30

a.m. The Service will hold public hearings on proposed early- and late-

season frameworks at 9:00 a.m. on June 25 and August 6, 1998,

respectively. The comment period for the proposed regulatory

alternatives for the 1998-99 duck hunting seasons will end on July 1,

1998. 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 27, 1998

sed early- and late-

season frameworks at 9:00 a.m. on June 25 and August 6, 1998,

respectively. The comment period for the proposed regulatory

alternatives for the 1998-99 duck hunting seasons will end on July 1,

1998. 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 27, 1998. The comment period for

late-season proposals will end on September 7, 1998.

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 1998

or,

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 1998

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

(63 FR 13748) a proposal to amend 50 CFR part 20. The proposal dealt

with the establishment of seasons, limits, and other regulations for

migratory game birds under Sec. 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 publish early-season frameworks in mid-

July and late-season frameworks in mid-August. The Service will publish

final regulatory alternatives for the 1998-99 duck hunting seasons in

mid-July and final regulatory frameworks for early seasons on or about

August 21, 1998, and those for late seasons on or about September 26,

1998.

On June 25, 1998, 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 6, 1998, 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 25 public hearing.

Announcement of Service Migratory Bird Regulations Committee

Meetings

and the recommended

hunting regulations for these species.

On August 6, 1998, 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 25 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 1998-99 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 final regulatory packages for the 1998-99 regular

waterfowl seasons. The June 25 meeting will ensure that the Service

develops its regulations recommendations with full consultation.

The August 6 meeting will review information on the current status

of waterfowl and develop 1998-99 migratory game bird regulations

recommendations for regular waterfowl seasons and other species and

seasons not previously discussed at the early season meetings. The

August 6 meeting will ensure that the Service develops its regulations

recommendations with full consultation.

In accordance with Departmental policy, these meetings are open to

public observation. Members of the public may submit written comments

to the Director on the matters discussed.

Announcement of Flyway Council Meetings

Service representatives will be present at the following meetings

of the Flyway Councils:

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

all 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 20, 1998,

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. The

categories correspond to previous published issues/discussion and only

those containing substantial recommendations are discussed below.

A. Harvest Strategy Considerations

Council Recommendations: The Atlantic Flyway Council recommended

that the duck hunting packages used for the 1997-98 season be continued

for the 1998-99 season.

The Upper-Regulations Committee of the Mississippi Flyway Council

recommended that the 1997-98 regulations packages be maintained for the

1998-99 duck season. These consisted of 20-, 30-, 45-, and 60-day

seasons, with bag limits ranging from 3 to 6 ducks, including

appropriate species restrictions, and frameworks dates from the

Saturday nearest October 1 to the Sunday nearest January 20.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council recommended that the regulatory packages for the 1997-98 season

be continued in 1998-99, with the exception of framework dates (see

further discussion in B

its ranging from 3 to 6 ducks, including

appropriate species restrictions, and frameworks dates from the

Saturday nearest October 1 to the Sunday nearest January 20.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council recommended that the regulatory packages for the 1997-98 season

be continued in 1998-99, with the exception of framework dates (see

further discussion in B. Framework Dates).

The Central Flyway Council recommended that the duck hunting

packages used for the 1997-98 season be continued for the 1998-99

season.

Service Response: Beginning in 1995, the Service, Flyway Councils,

and States introduced a new approach to the regulation of duck

harvests, called Adaptive Harvest Management (AHM). AHM should help

managers better understand the impacts of regulations on harvest and

population levels, thereby improving the ability to provide maximum

hunting opportunities consistent with long-term resource maintenance.

AHM also is intended to provide a more objective, better informed, and

less contentious decision-making process, as well as a formal and

coherent framework for addressing controversial harvest-management

issues.

An integral part of this harvest-management approach is the

cooperative establishment of a set of regulatory alternatives that

includes specified season lengths and bag limits for very restrictive,

restrictive, moderate, and liberal seasons. The alternatives used last

year were the result of extensive discussions with the Flyway Councils

and States, as well as involvement by the public. The Service

appreciates the Flyway Councils' support for the continued use of those

regulatory alternatives for the 1998-99 duck hunting season.

For the 1998-99 regular duck hunting season, the Service proposes

the four regulatory alternatives detailed in the accompanying table

were the result of extensive discussions with the Flyway Councils

and States, as well as involvement by the public. The Service

appreciates the Flyway Councils' support for the continued use of those

regulatory alternatives for the 1998-99 duck hunting season.

For the 1998-99 regular duck hunting season, the Service proposes

the four regulatory alternatives detailed in the accompanying table.

Alternatives are specified for each Flyway and are designated as ``VERY

RES'' for the very restrictive, ``RES'' for the restrictive, ``MOD''

for the moderate, and ``LIB'' for the liberal alternative. The Service

will publish final regulatory alternatives in July and propose a

specific regulatory alternative when survey data on waterfowl

population and habitat status are available. Public comments will be

accepted until July 1, 1998, and should be sent to the address under

the caption ADDRESSES.

B. Framework Dates

Council Recommendations: The Atlantic Flyway Council recommended no

change to the current framework dates, believing that extensions would

be premature without knowing the potential harvest impacts, which could

reduce the frequency of liberal regulations and would reduce the

likelihood that eastern mallards will be fully incorporated into AHM

this year.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council recommended the Service allow States to choose a framework

closing date as late as January 31 with a 10% penalty in days.

The Upper-Region Regulations Committee of the Mississippi Flyway

Council recommended no change in existing framework dates. The

Committee also recommended that if the Service were to offer States the

opportunity to extend frameworks, the extension should be coupled with

a commensurate reduction in season length and/or bag limits in the

participating States to offset the predicted increase in harvest.

The Central Flyway Council recommended maintaining the current

opening and closing framework dates adopted under AHM

e

Committee also recommended that if the Service were to offer States the

opportunity to extend frameworks, the extension should be coupled with

a commensurate reduction in season length and/or bag limits in the

participating States to offset the predicted increase in harvest.

The Central Flyway Council recommended maintaining the current

opening and closing framework dates adopted under AHM. However, at some

future date, when the packages are reviewed for modification, the

Council recommended that the framework dates issue should be

cooperatively dealt with by all Flyways in seeking an agreement for

equitable harvest opportunity.

The Pacific Flyway Council recommended maintaining the current

opening and closing duck season framework dates adopted under AHM for

the near future.

Service Response: In 1995, the Service established framework

opening and closing dates of the Saturday nearest October 1 to the

Sunday nearest January 20 for the Pacific, Central, and Mississippi

Flyways, and fixed dates of October 1 to January 20 for the Atlantic

Flyway (60 FR 50045). The Service maintained these framework dates for

1996 and 1997. In recent years, the Service has been requested by the

Lower-Region Regulations Committee of the Mississippi Flyway Council

(Alabama, Arkansas, Kentucky, Louisiana, Mississippi, and Tennessee) to

consider a closing date of January 31. In previous Federal Registers

(March 20, 1998 [63 FR 13751] and July 23, 1997 [62 FR 39718]), the

Service maintained that considerations for extending the framework

dates must address the potential increase in harvest, redistribution of

harvest within and among Flyways, and the potential physiological

impacts to birds later in the winter. Because of the concerns that

these proposals would increase harvest and reallocate the harvest, the

Service maintained the traditional closing date

the

Service maintained that considerations for extending the framework

dates must address the potential increase in harvest, redistribution of

harvest within and among Flyways, and the potential physiological

impacts to birds later in the winter. Because of the concerns that

these proposals would increase harvest and reallocate the harvest, the

Service maintained the traditional closing date.

In the Interior Appropriations Committee Report for FY 1998, the

Service was directed to analyze existing information and clarify

potential impacts of framework extensions. The Service complied with

this directive and believes that the available scientific data suggest

clearly that framework extensions will increase the harvest of most

duck species, although the magnitude of the increases cannot be

estimated precisely. Based on these results, large-scale extensions of

framework dates, without appropriate mitigation in harvest, could

decrease the frequency of years with liberal regulations, while

increasing the frequency of years with more restrictive regulations.

The Service's report was peer-reviewed and made available for public

comment before being submitted to the Congress (copies are available

from the Service at the address indicated under ADDRESSES).

The Service believes that any extension of the framework closing

date must be accompanied by a commensurate reduction in season length

to offset the expected increase in

e restrictive regulations.

The Service's report was peer-reviewed and made available for public

comment before being submitted to the Congress (copies are available

from the Service at the address indicated under ADDRESSES).

The Service believes that any extension of the framework closing

date must be accompanied by a commensurate reduction in season length

to offset the expected increase in

harvest. Offsetting the expected harvest increase would protect the

migratory bird resource and address concerns about any redistribution

of the harvest within or among Flyways. The Service also believes a

change in the closing date can be considered only if the number of

States permitted the framework extension is limited (only those few

States within the Lower Region of the Mississippi Flyway), and if the

reduction in season length is sufficient to offset the expected

increase in harvest.

In response to a portion of the hunting public in the southern

States of the Mississippi Flyway that is not satisfied with the

existing regulatory alternatives, the Service proposes to offer an

extension of the framework closing date to no later than January 31

only for those States in the Lower Region of the Mississippi Flyway

(AL, AR, KY, LA, MS, TN), provided it can be determined that no net

increase in harvest or redistribution of hunting opportunity/harvest

occurs within and among Flyways. Any extension of the closing date will

be offset with a reduction in season length sufficient to offset any

expected harvest increase in those States. The Service's goal is to

ensure that non-participating States will not be negatively affected as

a result of States selecting this option.

After any State proposals received are reviewed and analyzed, the

Service will approve extended closing dates in those States where the

Service finds adequate evidence that increased harvest levels will be

offset by proposed reductions in season length

s. The Service's goal is to

ensure that non-participating States will not be negatively affected as

a result of States selecting this option.

After any State proposals received are reviewed and analyzed, the

Service will approve extended closing dates in those States where the

Service finds adequate evidence that increased harvest levels will be

offset by proposed reductions in season length. These decisions will be

announced when the Service publishes the final regulatory alternatives

for the 1998-99 duck hunting seasons in mid-July.

Therefore, States requesting the extension in the closing date are

to provide the Service (by June 15, 1998) the scientific analysis

necessary to determine the nature of a commensurate reduction in season

length. The response variable of primary interest is seasonal harvest

or harvest rate (proportion of the duck population killed by hunters)

of mallards, but effects on other important species (e.g., wood ducks)

should be documented as well. Although a well-designed experiment of

framework extensions has never been conducted, there is some

information related to this issue as a result of a closing date of

January 31 during 1979-84 in the State of Mississippi. Therefore, it

will be necessary to conduct a retrospective analysis, in which changes

in harvest between years with and without the framework extension are

determined, both in Mississippi and in neighboring States.

The Service acknowledges that there may be more than one legitimate

method for conducting this analysis. In particular, the estimated

effect of a January 31 framework extension depends in part on the

specification of study ``controls'' (i.e., the selection of years

without framework extensions and the neighboring States for comparison

with the years of framework extensions in Mississippi). Therefore,

supporting rationale for these selections should accompany any

analysis

nducting this analysis. In particular, the estimated

effect of a January 31 framework extension depends in part on the

specification of study ``controls'' (i.e., the selection of years

without framework extensions and the neighboring States for comparison

with the years of framework extensions in Mississippi). Therefore,

supporting rationale for these selections should accompany any

analysis. In its report to Congress (January 1998), the Service

suggested that mallard harvest could be expected to increase by 33%,

but this estimate has a relatively large margin of error. Thus, the

Service is interested in any analysis that might improve either the

precision or accuracy of this estimate. Also, it should be noted that

there is not necessarily a one-to-one relationship between the expected

proportional increase in harvest and the proportional decrease in

season length needed to offset the harvest increase. This assessment

will require an examination of the relationship between season length

and cumulative harvest, using information from Federal or State harvest

surveys.

If a framework extension is ultimately permitted, all States

selecting seasons extending beyond the traditional closing date would

have the same closing date and proportional reduction in season length.

The later closing date would be available only for the years in which

the moderate or liberal alternative is selected by the Service. Any

State choosing the option of a later closing date must maintain that

closing date and the appropriate season-length reduction for a five-

year period beginning in the 1998-99 season, unless the Service

determines that this option has negative impacts on the resource or

distribution of the harvest, or something other than the moderate or

liberal regulatory alternative is chosen

he Service. Any

State choosing the option of a later closing date must maintain that

closing date and the appropriate season-length reduction for a five-

year period beginning in the 1998-99 season, unless the Service

determines that this option has negative impacts on the resource or

distribution of the harvest, or something other than the moderate or

liberal regulatory alternative is chosen. During the five-year period,

the Service and affected States will annually examine harvest and other

monitoring information to determine if adjustments in the season length

or framework date are necessary to ensure no increase in, or change in

distribution of, the harvest. Should information suggest that the

health of duck populations or harvest distribution has been affected by

the proposed extension, the Service will consider withdrawing the

option of a January 31 closing date.

The Service acknowledges the recent expressions of intent by the

Flyways to retain the current framework dates, thus helping to maintain

traditional distributions of hunting opportunities within and among

Flyways. The Service also recognizes that any future consideration of

framework extensions, beyond what has been proposed here, will likely

require a comprehensive review of the distribution of hunting

opportunity and harvest within and among Flyways. This review will be

extremely difficult and will represent a significant resource

commitment on the part of the Service and the Flyways. In light of

these considerations, it is the Service's desire to not entertain

additional changes to the opening and closing framework dates until the

regulatory packages are reviewed for modification at some future date.

F. Zones and Split Seasons

Flyways. This review will be

extremely difficult and will represent a significant resource

commitment on the part of the Service and the Flyways. In light of

these considerations, it is the Service's desire to not entertain

additional changes to the opening and closing framework dates until the

regulatory packages are reviewed for modification at some future date.

F. Zones and Split Seasons

Written Comments: The Ohio Division of Wildlife requested

elimination of the Pymatuning Waterfowl Hunting Zone in Ohio and

incorporation of the affected area into the North Zone beginning in the

1998-99 season.

Service Response: In the past, hunting seasons in that portion of

Ohio had to be the same as those selected by Pennsylvania for that

portion of Pennsylvania. Beginning this year, the Pymatuning Area will

no longer be included in the Federal waterfowl hunting frameworks as a

separate area, and will be considered part of Ohio's North Zone.

G. Special Seasons/Species Management

iii. September Teal Seasons

Council Recommendations: The Atlantic Flyway Council recommended

the establishment of an experimental September teal season option in

the Atlantic Flyway. States deriving more than 80 percent of their teal

harvest from mid-continent populations (Delaware, Georgia, Florida,

Maryland, North Carolina, Pennsylvania, South Carolina, Virginia, and

West Virginia) could hold a 9-day season between September 1 and 30

with a daily bag limit of 4 teal.

The Central Flyway Council recommended an experimental September

teal season harvest strategy in the nonproduction States of the Central

Flyway based on the May breeding population index (BPI) of blue-winged

teal. When the BPI of blue-winged teal is 4.7 million or greater, the

Council's recommended harvest strategy would consist of an additional 7

days of hunting (for a total of 16 days). When the BPI of blue-winged

teal is below 4.7 million but remains at or above 3.3 million, the

Council's recommended harvest strategy would maintain the

on the May breeding population index (BPI) of blue-winged

teal. When the BPI of blue-winged teal is 4.7 million or greater, the

Council's recommended harvest strategy would consist of an additional 7

days of hunting (for a total of 16 days). When the BPI of blue-winged

teal is below 4.7 million but remains at or above 3.3 million, the

Council's recommended harvest strategy would maintain the

current 9-day season. When the BPI of blue-winged teal is below 3.3

million, the Council's recommended harvest strategy would consider

closure of September teal seasons.

iv. September Teal/Wood Duck Seasons

Council Recommendations: The Atlantic Flyway Council recommended

the continuation of the Florida September wood duck/teal season on an

operational basis.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council recommended that the experimental September teal/wood duck

seasons in Kentucky and Tennessee be continued in 1998 with no changes

from the 1997 season. The Lower-Region Regulations Committee further

recommended that if such seasons are suspended, all non-production

States should be permitted to take up to 5 days of the regular season

in September.

v. Youth Hunt

Council Recommendations: The Upper-Region Regulations Committee of

the Mississippi Flyway Council recommended that a special one-day youth

waterfowl season include the harvesting of geese.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council recommended that a special 2-day youth waterfowl season include

the harvesting of geese.

The Central Flyway Council recommended expansion of the special

youth waterfowl hunt to 2 consecutive days with a legal bag that

includes geese.

The Pacific Flyway Council recommended continuation of the one-day

youth hunt that allows States to select outside the general season and

frameworks. The Council further recommended the addition of 1 goose to

the bag limit.

2. Sea Ducks

of geese.

The Central Flyway Council recommended expansion of the special

youth waterfowl hunt to 2 consecutive days with a legal bag that

includes geese.

The Pacific Flyway Council recommended continuation of the one-day

youth hunt that allows States to select outside the general season and

frameworks. The Council further recommended the addition of 1 goose to

the bag limit.

2. Sea Ducks

Council Recommendations: The Atlantic Flyway Council recommended

that the Service clarify regulatory language concerning bag limits for

sea ducks so that bag limits for sea ducks during the regular season

cannot exceed bag limits for sea ducks established in the special sea

duck season, whether inside or outside the special sea duck area.

4. Canada Geese

A. Special Seasons

Council Recommendations: The Atlantic Flyway Council recommended

that the closing date of the September goose season around Montezuma

National Wildlife Refuge be extended from September 15 to 25.

The Upper-Region Regulations Committee of the Mississippi Flyway

Council recommended that the status of the special late Canada goose

season in the Southern Michigan Goose Management Unit in Michigan be

changed from experimental to non-experimental.

The Lower-Region Regulations Committee of the Mississippi Flyway

Council recommended that the Service reevaluate criteria for special

Canada goose seasons (early and late), particularly as they relate to

the cumulative harvest of migrant Canada geese from populations of

special concern, to insure that the criteria are consistent with

management efforts to increase and/or maintain migrant populations of

special concern to/at planned objective levels.

The Pacific Flyway Council recommended the 1998 September season

for the Pacific Population Canada geese remain unchanged from the 1997

season, with the exception of increase the number of regulated permits

from 100 to 400 in Humboldt County, California.

B. Regular Seasons

h

management efforts to increase and/or maintain migrant populations of

special concern to/at planned objective levels.

The Pacific Flyway Council recommended the 1998 September season

for the Pacific Population Canada geese remain unchanged from the 1997

season, with the exception of increase the number of regulated permits

from 100 to 400 in Humboldt County, California.

B. Regular Seasons

Council Recommendations: The Upper-Region Regulations Committee of

the Mississippi Flyway Council recommended that the 1998 regular goose

season opening date be as early as September 26 in Michigan's Upper

Peninsula and September 19 in Wisconsin.

7. Snow and Ross's (Light) Geese

Council Recommendations: The Atlantic Flyway Council recommended

extension of the shooting hours to one-half hour after sunset at times

when other waterfowl season are closed within an area.

The Central Flyway Council recommended the following regulation

changes for light-goose hunting in the Central Flyway for 1998 and

beyond:

For the 1998-99 regular season, no bag or possession limits and

unlimited zones and splits in the season.

During the 1998-99 season, the establishment of a special

``conservation hunt'' consisting of no bag and possession limits;

legalized electronic callers, baiting, unplugged shotguns, live

decoys and rallying/hazing; elimination of tagging requirements; and

the extension of shooting hours until one-half hour after sunset.

``Conservation Hunt'' provisions would only be implemented in those

areas and time periods in which other firearms waterfowl season are

closed, including split season portions of the regular waterfowl

seasons.

Beginning with the 1999-2000 season, the Council recommends

allowing ``conservation hunts'' during other open waterfowl seasons.

9. Sandhill Cranes

s until one-half hour after sunset.

``Conservation Hunt'' provisions would only be implemented in those

areas and time periods in which other firearms waterfowl season are

closed, including split season portions of the regular waterfowl

seasons.

Beginning with the 1999-2000 season, the Council recommends

allowing ``conservation hunts'' during other open waterfowl seasons.

9. Sandhill Cranes

Council Recommendations: The Central and Pacific Flyway Councils

recommended that the Rocky Mountain Population (RMP) greater sandhill

crane hunt in Wyoming's Area 6 (Park and Bighorn Counties) become

operational in 1998. The Councils further recommended that the third

year of monitoring and data collection for the experimental hunt be

waived.

16. Mourning Doves

Written Comments: The Louisiana Department of Wildlife and

Fisheries requested an extension of the framework closing date from

January 15 to January 20.

18. Alaska

Council Recommendations: The Pacific Flyway Council recommended an

increase in Alaska's Canada goose daily bag and possession limit from 1

and 2 to 3 and 6, respectively, within overall dark goose bag and

possession limits of 4 and 8 in Alaska Game Management Subunit (GMU)

9(E) (Alaska Peninsula) and Unit 18 (Y-K Delta).

The Pacific Flyway Council recommended an archery-only Canada goose

hunt on Middleton Island, Alaska (GMU 6); by registration permit only,

with no more than 10 permits; mandatory goose identification class,

check-in, and check-out; season dates of September 28 to December 16;

bag and possession limit of 1; season to close if incidental harvest

includes 5 dusky Canada geese.

Public Comment Invited

acific Flyway Council recommended an archery-only Canada goose

hunt on Middleton Island, Alaska (GMU 6); by registration permit only,

with no more than 10 permits; mandatory goose identification class,

check-in, and check-out; season dates of September 28 to December 16;

bag and possession limit of 1; season to close if incidental harvest

includes 5 dusky Canada geese.

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 are 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 will be 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

inions resulting from its consultation under Section 7 are public

documents and will be 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 20, 1998, 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 1996 to

document the significant beneficial economic effect on a substantial

number of small entities. The Analysis estimated that migratory bird

hunters would spend between $254 and $592 million at small businesses

in 1996. Copies of the Analysis are available upon request from the

Office of Migratory Bird Management. The Service is currently updating

the 1996 Analysis with information from the 1996 National Hunting and

Fishing Survey.

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.

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 1998-99

hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742

a-j.

Dated: May 21, 1998.

Donald J. Barry,

Acting Assistant Secretary for Fish and Wildlife and Parks.

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