Federal Register, Volume 59 Issue 190 (Monday, October 3, 1994)

[Federal Register Volume 59, Number 190 (Monday, October 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24261]


[[Page Unknown]]

[Federal Register: October 3, 1994]


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Part IX





Department of the Interior





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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
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR PART 20

RIN 1018-AA24

 
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 will permit taking of designated species 
during the 1994-95 season.

EFFECTIVE DATE: September 30, 1994.

ADDRESSES: Comments received will be available for public inspection 
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 1994

    On April 7, 1994, the Service published for public comment in the 
Federal Register (59 FR 16762) a proposal to amend 50 CFR part 20, with 
comment periods ending July 21 for early-season proposals and September 
2 for late-season proposals. The deadline for late-season proposals was 
subsequently extended to September 9 in the September 7 Federal 
Register (58 FR 46320). These regulations would be 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). These species are designated as ``migratory game birds'' in 
conventions between the United States and several foreign nations for 
the protection and management of these birds. 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 8, 1994, the 
Service published for public comment a second document (59 FR 29700) 
which provided supplemental proposals for early- and late-season 
migratory bird hunting regulations frameworks. On June 23, 1994, a 
public hearing was held in Washington, DC, an announced in the April 7 
and June 8 Federal Register, to review the status of migratory shore 
and upland game birds. Proposed hunting regulations were discussed for 
these species and for other early seasons. On July 12, 1993, the 
Service published in the Federal Register (59 FR 35566) a third 
document in the series of proposed, supplemental, and final rulemaking 
documents which dealt specifically with proposed early-season 
frameworks for the 1994-95 season. On August 4, 1994, a public hearing 
was held in Washington, DC, as announced in the April 7, June 8, and 
July 12 Federal Register, to review the status of waterfowl. Proposed 
hunting regulations were discussed for these late seasons. On August 
17, 1994, the Service published a fourth document (59 FR 42474) 
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 for 1994-95. The fifth document in the 
series, published August 24, 1994 (59 FR 43684), dealt specifically 
with proposed frameworks for the 1994-95 late-season migratory bird 
hunting regulations. On September 1, 1994, the Service published in the 
Federal Register a sixth 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. On September 7, 1994, the Service 
published in the Federal Register a seventh document announcing an 
extension of the closing date for the comment period on late-season 
regulations from September 2 to September 9. On September 27, 1994, the 
Service published an eighth document in the Federal Register consisting 
of 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 1994-
95. The final rule described here is the ninth in a series of proposed, 
supplemental, and final rulemaking documents for migratory game bird 
hunting regulations and deals specifically with amending subpart K of 
CFR part 20 to set hunting seasons, hours, areas, and limits for 
species subject to late-season regulations and those for early seasons 
that were 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. 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). However, this programmatic document does not prescribe year-
specific regulations; those are developed annually. The annual 
regulations and options are being considered in the Environmental 
Assessment, ``Waterfowl Hunting Regulations for 1994,'' which is 
available upon request.

Endangered Species Act Consideration

    In August 1994, the Division of Endangered Species concluded that 
the proposed action is not likely to jeopardize the continued existence 
of listed species or result in the destruction or adverse modification 
of their critical habitats. 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 and their habitats. The Service's 
biological opinions resulting from its consultation under section 7 are 
considered public documents and are available for inspection in the 
Division of Endangered Species and the Office of Migratory Bird 
Management.

Regulatory Flexibility Act; Executive Order 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 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.

    Dated: September 26, 1994
George T. Frampton, Jr.
Assistant Secretary for Fish and Wildlife and Parks

PART 20--[AMENDED]

    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 is revised to read as 
follows:

    Authority: Migratory Bird Treaty Act (July 3, 1918), as amended, 
(16 U.S.C. 703-711); the Fish and Wildlife Improvement Act of 1978 
(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).
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[FR Doc. 94-24261 Filed 9-30-94; 8:45 am]
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