# 63 FR 29518: Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird Hunting Regulations; Notice of Meetings

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_98-14267

## Section

- **Citation:** 63 FR 29518
- **Heading:** Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird Hunting Regulations; Notice of Meetings
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 63 / 63 FR 29518

## Text

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; 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.

-----------------------------------------------------------------------

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.

BILLING CODE 4310-55-P

[GRAPHIC] [TIFF OMITTED] TP29MY98.000

[FR Doc. 98-14267 Filed 5-28-98; 8:45 am]
BILLING CODE 4310-55-C

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_98-14267. Check the current official text before relying on it. Not legal advice.