[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30114-30118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15015]
[[Page 30113]]
_______________________________________________________________________
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
Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 /
Proposed Rules
[[Page 30114]]
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. 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.
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. 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. 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)
[[Page 30115]]
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. 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.
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.
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.
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.
Written Comments: The Nebraska Game and Parks Commission and the
[[Page 30116]]
Kansas Department of Wildlife and Parks recommended the restrictions
``must be consecutive'' and ``after the regular duck season'' be
removed from the proposed guidelines on the use of additional days in
the High Plains Management Unit. Both noted these requirements were new
and seemed unnecessary.
The Nebraska Game and Parks Commission recommended the addition of
a provision allowing the use of non-contiguous zones when supported by
strong justification. The Wyoming Game and Fish Department also
requested a variance from the contiguous-boundary criterion, stating
that the current zoning guidelines do not seem to contain the
flexibility needed to address the considerable variation in hunting
opportunity associated with the diverse physiographic regions found in
many Rocky Mountain States.
Service Response: For the 1996 open season, the Service proposed in
the March 22, 1996, Federal Register use of the existing 1990
guidelines, with an exception for the handling of special management
units. The Service proposed to delete the following provision from the
1990 guidelines:
Special Management Unit Limitation: Within existing Flyway
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. 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. 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. 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
[[Page 30117]]
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. 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.
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
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
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.
[[Page 30118]]
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
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
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
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