[Federal Register Volume 59, Number 109 (Wednesday, June 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13926]


[[Page Unknown]]

[Federal Register: June 8, 1994]


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Part V





Department of the Interior





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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
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN: 1018-AA24

 
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. This supplementary document describes 
proposed changes and provides additional information that will 
facilitate establishment of the 1994-95 hunting regulations. This 
document also announces the meetings of the Service Migratory Bird 
Regulations Committee.

DATES: The Service Migratory Bird Regulations Committee will meet to 
consider and develop proposed regulations for early seasons on June 21, 
22, and 23, and for late seasons on August 2, 3, and 4. Public hearings 
on proposed early- and late-season frameworks will be held at 9:00 a.m. 
on June 23 and August 4, 1994, 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 21, 1994; and for late-season proposals will end on August 29, 
1994.

ADDRESSES: Meetings of the Service Migratory Bird Regulations Committee 
will be held in room 200 of the U.S. Fish and Wildlife Service's ARLSQ 
Building, 4401 N. Fairfax Drive, Arlington, Virginia. Public hearings 
will be held in the Auditorium of the Department of the Interior 
Building, 1849 C Street, NW., Washington, DC. Written comments on the 
proposals and notice of intention to participate in either hearing 
should be sent 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. Comments received will be 
available for public inspection 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, Department 
of the Interior, ms 634--ARLSQ, 1849 C Street, NW., Washington, DC 
20240, (703) 358-1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 1994

    On April 7, 1994, the Service published in the Federal Register (59 
FR 16762) 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. Comment periods on this second document are specified 
above under DATES. Early-season frameworks will be proposed in late 
June and late-season frameworks in early August. Final regulatory 
frameworks for early seasons are scheduled for publication on or about 
August 16, 1994, and those for late seasons on or about September 23, 
1994.
    On June 23, 1994, a public hearing will be held in Washington, DC, 
to review the status of migratory shore and upland game birds and 
recommended hunting regulations for these species and other early 
seasons.
    On August 4, 1994, a public hearing will be held 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 23 public hearing.

Announcement of Service Regulations Committee Meetings for Early-
Season Regulations

    The meeting on June 21 is to review information on the 1994 status 
of migratory game birds and to develop 1994-95 migratory game bird 
regulations recommendations. The June 22 meeting is to ensure that the 
Service's regulation recommendations are developed with the benefit of 
full consultation on the issues.
    In accordance with Departmental policy regarding meetings of the 
Service Regulations Committee that are attended by any person outside 
the Department, these meetings will be open to public observation. 
Members of the public may submit to the Director written comments on 
the matters discussed.

Announcement of Flyway Council Meetings

    Service representatives will be present at the following meetings 
of Flyway Councils:
    Atlantic Flyway--July 28-29, St. Michaels, Maryland (Harbor Town 
Resort)
    Mississippi Flyway--July 28-29, Memphis, Tennessee (Peabody Hotel)
    Central Flyway--July 28-29, Crested Butte, Colorado (Crested 
Mountain Village-Conference Center)
    Pacific Flyway--July 29, Reno, Nevada (Peppermill Hotel)
    Although agendas are not yet available, these meetings usually 
commence at 8:30 to 9 a.m. on the days indicated.

Review of Public Comments

    This supplemental rulemaking describes changes which have been 
recommended based on the preliminary proposals published on April 7, 
1994, in the Federal Register. Only those recommendations that would 
require either new proposals or substantial modification of the 
preliminary proposals to facilitate effective public participation are 
included herein. Those that support or oppose but do not recommend 
alternatives to the preliminary proposals are not included, but will be 
considered later in the regulations-development process. The Service 
will publish responses to proposals, written comments, and public-
hearing testimony when final frameworks are developed, at which time 
additional data about the status of affected species will be available.
    The Service seeks additional information and comments on the 
recommendations contained in this supplemental proposed rule. These 
recommendations and all associated comments will be considered 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 April 7, 1994, 
Federal Register.

    1. Ducks. 
    The categories used to discuss issues related to duck harvest 
management are as follows: (A) General Harvest Strategy, (B) Framework 
Dates, (C) Season Length, (D) Closed Seasons, (E) Bag Limits, (F) Zones 
and Split Seasons, and (G) Special Seasons/Species Management. Only 
those categories containing substantial recommendations are included 
below.

B. Framework Dates

    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended that the season framework dates of the Saturday 
nearest October 1 to January 20 be established as a basic regulation 
and not fluctuate annually.
    The Upper-Region and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended that Iowa be permitted to hold a 
portion of their regular duck season in September to increase harvest 
opportunity on blue-winged teal.

E. Bag Limits

    The Central Flyway Council requested that the Service review its 
policy for the use of the point-system bag limit option that requires 
that it be no more liberal than the conventional bag limit.
    The Upper-Region and Lower-Region Regulations Committees of the 
Mississippi Flyway Council requested that the Service review its 
current point-system bag-limit policy. They feel that at least 1 more 
bird should be allowed in the point system than in the conventional bag 
limit.
    The Pacific Flyway Council recommended that the Service: (1) review 
its current point-system policy, (2) work with both Pacific and Central 
Flyway Technical Committees to interpret available data, and (3) 
consider all available new information, and evaluate the point system 
against other bag-limit systems.

G. Special Seasons/Species Management

    i. Canvasback.
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council recommended that an open season for canvasbacks be allowed in 
the Mississippi Flyway with a 1-bird daily bag limit throughout the 
regular duck season beginning in 1994, contingent upon breeding 
population and habitat conditions.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended that an open season for canvasbacks of at least 10 
days be allowed with a 1-bird daily bag limit beginning in 1994, 
contingent upon breeding population and habitat conditions.
    ii. September Teal Seasons.
    The Central Flyway Council recommended that September teal season 
shooting hours begin one-half hour before sunrise to sunset without 
further evaluation for all non-production Central Flyway States.
    The Central Flyway Council recommended that the Service review the 
guidelines for establishing a September teal season for any new 
requests for seasons.
    The Upper-Region and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended that Michigan be permitted to 
hold an experimental September teal season in southeast portions of the 
State.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council requested that September teal season shooting hours beginning 
1/2-hour before sunrise be made operational and that no further 
evaluation of shooting hours be required.

    4. Canada Geese. 

A. Special Seasons

    The Atlantic Flyway Council recommended that West Virginia be 
permitted to initiate a 3-year experimental resident Canada goose 
season between September 1-10.
    The Atlantic Flyway Council made the following recommendations to 
modify zones to hunt resident Canada geese in September:
    In Maryland, expand its hunt zone to include Worcester, Wicomico, 
Somerset, Dorchester, and that portion of Talbot and Caroline Counties 
east of U.S. Route 50 and south of Maryland Route 404 during 1994-96.
    In North Carolina, include that portion of the State east of 
Interstate 95 except in the Counties of Bertie, Beaufort, Camden, 
Chowan, Currituck, Dare, Gates, Hartford, Hyde, Northhampton (east of 
I-95), Pamlico, Pasquotank, Perquimans, Tyrrel, and Washington, where 
migrant Canada geese are expected to occur prior to the end of 
September.
    In northwestern Pennsylvania, expand its Northwest zone to include 
Allegheny, Armstrong, Beaver, Cambria, Greene, Fayette, Indiana, 
Lawrence, Somerset, Venango, Washington, and Westmoreland Counties, 
during 1994-96.
    In southeastern Pennsylvania, amend its current zone to include 4 
additional counties.
    In Virginia, amend its current zone to include 26 additional 
counties, including portions of the Shenandoah Valley, the central 
piedmont, the coastal plain, and the eastern shore.
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council made the following recommendations pertaining to special Canada 
goose seasons:
    In Indiana, expand the September-season hunting area to Statewide 
with a September 1-15 framework. The proposed changes would not be 
experimental.
    In Michigan, extend the seasons in the northern Lower Peninsula and 
Upper Peninsula for 2 additional years and expand the zone in the Upper 
Peninsula to approximately the eastern half of the Peninsula; change 
the season length in the southern part of the Lower Peninsula from 10 
to 15 days (September 1-15) for 3 years and include the southern 
portions of Tuscola and Huron Counties. The proposed changes would be 
experimental.
    In Minnesota, expand the Fergus Falls/Alexandria Zone and extend 
the framework for the 10-day season to September 1-16 for 3 years. The 
proposed changes would be experimental.
    In Ohio, expand the September-season hunting area to Statewide with 
a September 1-15 framework. The proposed changes would not be 
experimental.
    In Wisconsin, enlarge the size of the Southeastern Wisconsin Zone 
and continue as a special season with a September 1-13 framework. The 
proposed changes would not be experimental.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council requested that the Service closely monitor all Canada goose 
seasons, and fully analyze data from existing special or experimental 
seasons before expanding seasons that cumulatively might increase 
harvest of the Southern James Bay Population. Also, current special 
seasons should adhere to present criteria designed by the Service.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council also requested a 3-year experimental 10-day September Canada 
goose season be permitted in the eastern portion of Tennessee.

B. Regular Seasons

    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council recommended that the early-season frameworks provide for the 
opening of regular goose seasons in Wisconsin and the Upper Peninsula 
of Michigan as early as September 24.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council requested that the Service closely monitor all Canada goose 
seasons, and fully analyze data from existing special or experimental 
seasons before expanding seasons that cumulatively might increase 
harvest of the Southern James Bay Population of Canada geese.
    The Pacific Flyway Council seeks a limited resumption of cackling 
Canada goose hunting throughout their range and recommends that the 
Service provide an expedited review of their recommended changes in 
cackling Canada goose regulations for impacts on Aleutian Canada geese 
under the Section 7 Consultation process.

    6. Brant. 
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council requested that the daily bag limit for brant be reduced to 2 
birds to better conform with units in other flyways.
    7. Snow and Ross's (Light) Geese. 
    The Central Flyway Council recommended that the framework closing 
date for light geese be changed from the Saturday nearest ``February 
15'' to ``February 28'' for all Central Flyway States.
    14. Woodcock. 
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council requested that Tennessee be allowed to divide the State into 2 
zones (East and West) for woodcock hunting.

    16. Mourning Doves. 
    The Central Flyway Council recommends that Texas be allowed an 
increase in the number of segments from 2 to 3 in 2 of the 3 mourning 
dove hunting zones now offered to Texas.

    17. White-winged and White-tipped Doves. 
    The Central Flyway Council proposes an increase in the 12-dove 
aggregate daily bag limit to allow 6 instead of 2 white-winged doves as 
now permitted in Cameron, Hidalgo, Starr, and Willacy Counties of Texas 
during the regular mourning dove season.
    18. Alaska. 
    The Pacific Flyway Council recommended that Alaska be allowed no 
more than 1 Canada goose in the daily bag for Unit 9E and the western 
portions of Unit 18.
    The Pacific Flyway Council recommended that the Statewide closure 
on cackling Canada geese be removed.
    The Pacific Flyway Council recommended removal of restrictive bag 
limits for white-fronted geese in Units 1-9 and 14-18 in Alaska. The 
goose limit will be 6 daily and 12 in possession, of which no more than 
4 daily and 8 in possession could be any combination of Canada or 
white-fronted 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 
for consideration the comments and suggestions of the public, other 
concerned governmental agencies, and 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

    It is the policy of the Department of the Interior, whenever 
practical, to afford 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. Comments 
received will be available for public inspection during normal business 
hours at the Service's office in room 634, Arlington Square Building, 
4401 N. Fairfax Drive, Arlington, Virginia. All relevant comments 
received during the comment period will be considered. 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. Notice of Availability 
was published in the Federal Register on June 16, 1988 (53 FR 22582). 
The Service's Record of Decision was published 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. Any modifications will be reflected in the final frameworks. 
The Service's biological opinions resulting from its consultation under 
section 7 are considered 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 April 7, 1994 (59 FR 16762), the 
Service reported measures it had undertaken to comply with requirements 
of the Regulatory Flexibility Act and the Executive Order. These 
included preparing an Analysis of Regulatory Effects and an updated 
Final Regulatory Impact Analysis, under the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq), and publication of a summary of the latter. This 
information is included in the present document by reference. This 
action was not subject to review by the Office of Management and Budget 
under E.O. 12866. This rule does not contain any information collection 
requiring approval by the Office of Management and Budget under 44 
U.S.C. 3504.

Authorship

    The primary author of this proposed rule is Robert J. Blohm, 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 1994-95 
hunting season are authorized under the Migratory Bird Treaty Act (July 
3, 1918), as amended, (16 U.S.C. 703-711); the Fish and Wildlife 
Improvement Act (November 8, 1978), as amended, (16 U.S.C. 712); and 
the Fish and Wildlife Act of 1956 (August 8, 1956), as amended, (16 
U.S.C. 742 a-d and e-j).

    Dated: May 23, 1994.


George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-13926 Filed 6-7-94; 8:45 am]
BILLING CODE 4310-55-F