Federal Register, Volume 62 Issue 189 (Tuesday, September 30, 1997)

[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Rules and Regulations]
[Pages 51298-51324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25796]



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Part V





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for 
Certain Migratory Game Birds; Final Rule

Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / 
Rules and Regulations

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE14


Migratory Bird Hunting; Late Seasons and Bag and Possession 
Limits for Certain Migratory Game Birds

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule prescribes the hunting seasons, hours, areas, and 
daily bag and possession limits for general waterfowl seasons and those 
early seasons for which States previously deferred selection. Taking of 
migratory birds is prohibited unless specifically provided for by 
annual regulations. This rule permits the taking of designated species 
during the 1997-98 season.

DATE: This rule takes effect on September 30, 1997.

ADDRESSES: The public may inspect comments during normal business hours 
in room 634, Arlington Square 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, Department 
of the Interior, ms 634--ARLSQ, 1849 C Street, NW., Washington, DC 
20240, (703) 358-1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 1997

    On March 13, 1997, the Service published in the Federal Register 
(62 FR 39712) 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. These regulations were proposed for certain 
designated members of the avian families Anatidae (ducks, geese, and 
swans), Columbidae (doves and pigeons), Gruidae (cranes), Rallidae 
(rails, coots, moorhens, and gallinules), and Scolopacidae (woodcock 
and snipe), designated as ``migratory game birds'' in conventions 
between the United States and several foreign nations for their 
protection and management. All other birds designated as migratory 
(under 10.13 of Subpart B of 50 CFR part 10) in the aforementioned 
conventions may not be hunted. On June 6, 1997, the Service published 
in the Federal Register (62 FR 31298) a second document providing 
supplemental proposals for early- and late-season migratory bird 
hunting regulations frameworks. The June 6 supplement also provided 
detailed information on the 1997-98 regulatory schedule and announced 
the Service Migratory Bird Regulations Committee and Flyway Council 
meetings.
    On June 27, 1997, the Service held a public hearing in Washington, 
DC, as announced in the March 13 and June 6 Federal Registers, to 
review the status of migratory shore and upland game birds. The Service 
discussed hunting regulations for these species and for other early 
seasons. On July 23, 1997, the Service published in the Federal 
Register (62 FR 39712) a fourth document specifically dealing with 
proposed early-season frameworks for the 1997-98 season.
    On August 7, 1997, the Service held a public hearing in Washington, 
DC, as announced in the March 13, June 6, and July 23 Federal 
Registers, to review the status of waterfowl and discuss proposed 
hunting regulations for late seasons. On August 20, 1997, the Service 
published a fifth document containing final frameworks for early 
migratory bird hunting seasons from which wildlife conservation agency 
officials from the States, Puerto Rico, and the Virgin Islands selected 
early-season hunting dates, hours, areas, and limits. On August 25, 
1997, (62 FR 44229), the Service published a sixth document containing 
proposed frameworks for the 1997-98 late-season migratory bird hunting 
regulations. On August 29, 1997, the Service published in the Federal 
Register (62 FR 46512) a seventh document consisting of a final rule 
amending subpart K of title 50 CFR part 20 to set hunting seasons, 
hours, areas, and limits for early seasons.
    The Service published final late-season frameworks for migratory 
game bird hunting regulations, from which State wildlife conservation 
agency officials selected late-season hunting dates, hours, areas, and 
limits for 1997-98 in an eighth document in the September 26, 1997, 
Federal Register.
    The final rule described here is the ninth and final in the series 
of proposed, supplemental, and final rulemaking documents for migratory 
game bird hunting regulations for 1997-98 and deals specifically with 
amending subpart K of 50 CFR part 20 to set hunting seasons, hours, 
areas, and limits for species subject to late-season regulations and 
those for early seasons that States previously deferred.

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, the Service designs hunting regulations to remove 
or alleviate chances of conflict between migratory game bird hunting 
seasons and the protection and conservation of endangered and 
threatened species. Consultations were conducted 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. 
Findings from these consultations are included in a biological opinion 
and may have modified some regulatory measures previously proposed. The 
final frameworks here reflect any such modifications. The Service's 
biological opinions resulting from its Section 7 consultation are 
public documents available for public inspection in the Service's 
Division of Endangered Species and Office of Migratory Bird Management, 
at the address indicated under the caption ADDRESSES.

Executive Order (E.O.) 12866

    This rule is economically significant and was reviewed by the 
Office of Management and Budget (OMB) under E.O. 12866.

Congressional Review

    In accordance with Section 251 of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (5 U.S.C. 8), this rule has been 
submitted to Congress and has been declared major. Because this rule 
establishes hunting seasons, this rule qualifies for an exemption under 
5 U.S.C. 808(1); therefore, the Department determines that this rule 
shall take effect immediately.

Regulatory Flexibility Act

    These regulations have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq). In the March 13, 1997, Federal Register, the 
Service reported measures it took to comply with requirements of the 
Act. One measure was to prepare a

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Small Entity Flexibility Analysis (Analysis) in 1996 documenting 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 MBMO.

Paperwork Reduction Act

    The Department examined these regulations under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3507(d)). Under the Act, information 
collections must be approved by the Office of Management and Budget 
(OMB). The Service uses the various information collection requirements 
contained in this rule to develop future migratory game bird hunting 
regulations. Specifically, the information collection requirements of 
the Migratory Bird Harvest Information Program have been approved by 
OMB and assigned clearance number 1018-0015. This information is used 
to provide a sampling frame for voluntary national surveys to improve 
Service harvest estimates for all migratory game birds in order to 
better manage these populations. The information collection 
requirements of the Sandhill Crane Harvest Questionnaire have been 
approved by OMB and assigned clearance number 1018-0023. The 
information from this survey is used to estimate the magnitude, the 
geographical and temporal distribution of harvest, and the portion it 
constitutes of the total population.

Regulations Promulgation

    The rulemaking process for migratory game bird hunting must, by its 
nature, operate under severe time constraints. However, the Service 
intends that the public be given the greatest possible opportunity to 
comment on the regulations. Thus, when the proposed rulemaking was 
published, the Service established what it believed were the longest 
periods possible for public comment. In doing this, the Service 
recognized that when the comment period closed time would be of the 
essence. That is, if there were a delay in the effective date of these 
regulations after this final rulemaking, the States and Territories 
would have insufficient time to establish and publicize the necessary 
regulations and procedures to implement their decisions. The Service 
therefore finds that ``good cause'' exists, within the terms of 5 
U.S.C. 553(d)(3) of the Administrative Procedure Act, and these 
regulations will, therefore, take effect immediately upon publication. 
Accordingly, with each conservation agency having had an opportunity to 
participate in selecting the hunting seasons desired for its State or 
Territory on those species of migratory birds for which open seasons 
are now prescribed, and consideration having been given to all other 
relevant matters presented, certain sections of title 50, chapter I, 
subchapter B, part 20, subpart K, are hereby amended as set forth 
below.

Unfunded Mandates Reform Act

    The Service has determined and certifies in compliance with the 
requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that 
this rulemaking will not impose a cost of $100 million or more in any 
given year on local or State government or private entities.

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this rule, has determined that 
these regulations meet the applicable standards provided in Sections 
3(a) and 3(b)(2) of Executive Order 12988.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

Dated: September 23, 1997.
Donald J. Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.

    For the reasons set out in the preamble, title 50, chapter I, 
subchapter B, part 20, subpart K is amended as follows.
    1. The authority citation for part 20 continues to read as follows:

    Authority: 16 U.S.C. 703-712; and 16 U.S.C. 742 a-j.
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[FR Doc. 97-25796 Filed 9-29-97; 8:45 am]
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