[Federal Register Volume 60, Number 138 (Wednesday, July 19, 1995)]
[Proposed Rules]
[Pages 37314-37318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14756]



      

[[Page 37313]]

_______________________________________________________________________

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; Meetings; Proposed Rule

  Federal Register / Vol. 60, No. 138 / Wednesday, July 19, 1995 / 
Proposed Rules   

[[Page 37314]]


DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN: 1018-AC79


Migratory Bird Hunting; Supplemental Proposals for Migratory Game 
Bird Hunting Regulations; Notice of Meetings.

Editorial Note: The document set forth below was originally 
published at 60 FR 31890, June 16, 1995, and is being reprinted in 
its entirety because of typesetting errors.
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. This supplementary document further 
describes proposed changes from 1994-95 hunting regulations and 
provides additional information that will facilitate establishment of 
the 1995-96 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 20, 
21, and 22, and for late seasons on August 1, 2, and 3. Public hearings 
on proposed early- and late-season frameworks will be held at 9:00 a.m. 
on June 22 and August 3, 1995, 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, 1995, and for late-season proposals will end on September 4, 
1995.
ADDRESSES: Meetings of the Service Migratory Bird Regulations Committee 
will be held in room 200 of the U.S. Fish and Wildlife Service's 
Arlington Square 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, (703) 358-
1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 1995

    On March 24, 1995, the Service published in the Federal Register 
(60 FR 15642) 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, 1995, and those for late seasons on or about September 25, 
1995.
    On June 22, 1995, a public hearing will be held 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 3, 1995, 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 22 public hearing.

Announcement of Service Migratory Bird Regulations Committee 
Meetings

    The meeting on June 20 is to review information on the current 
status of migratory shore and upland game birds and to develop 1995-96 
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. The June 21 meeting is to ensure that the Service's 
regulations recommendations are developed with the benefit of full 
consultation on the above issues.
    The meeting on August 1 is to review information on the current 
status of waterfowl and to develop 1995-96 migratory game bird 
regulations recommendations for regular waterfowl seasons and other 
species and seasons not previously discussed at the early season 
meetings. The August 2 meeting is to ensure that the Service's 
regulations recommendations are developed with the benefit of full 
consultation on the above issues.
    In accordance with Departmental policy regarding meetings of the 
Service Migratory Bird 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 27-28, Charleston, West Virginia (Holiday 
Inn, Charleston House)
    Mississippi Flyway--July 29-30, Green Bay, Wisconsin (Mid-way Best 
Western Motel)
    Central Flyway--July 27-28, Custer, South Dakota (Blue Bell Lodge 
and Resort - Custer State Park)
    Pacific Flyway--July 28, Reno, Nevada (Peppermill Hotel)
    Although agendas are not yet available, these meetings usually 
commence at 8:30 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 March 24, 
1995, 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.
    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 

[[Page 37315]]
corresponding to the numbered items in the March 24, 1995, 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.
    A. General Harvest Strategy
    In the March 24, 1995, Federal Register, the Service proposed that 
the choice of regulations frameworks for the 1995-96 regular duck 
season be limited to three sets of frameworks similar to those in 
effect during the 1979-93 hunting seasons. These three framework 
options were generally described as restrictive, moderate, or liberal. 
The Service also subsequently proposed in an information package made 
available on March 24, 1995, specific guidelines for selecting one of 
these framework packages based on the size of the mallard breeding 
population and habitat conditions in May 1995. The information package 
contained specific details of this year's proposed regulatory 
``packages'' for each flyway, guidelines for the use of these 
regulatory packages, and a general description of the harvest 
management objective and duck population dynamics that were considered 
in the process. Based on public comments to date, the Service is 
continuing to refine the guidelines for the use of these regulatory 
packages and the specific details of the proposed packages for each 
flyway in this transition year to the Service's proposed development of 
a more formal and objective decision-making process.
    All four Flyway Councils have endorsed the proposal to limit the 
choice of 1995-96 frameworks to three packages. However, the Pacific, 
Central, and Mississippi Flyway Councils recommended some modifications 
to the specific regulatory packages proposed, and these modifications 
are identified below under ``Framework Dates'', ``Season Length'', and 
``Bag Limits.''
    The Atlantic Flyway Council endorsed the guidelines proposed for 
selecting a regulations package in 1995, but commented that the 
guidelines were based only on mid-continent mallards, which comprise a 
very small portion of the duck harvest in the Atlantic Flyway. The 
Lower-Region Regulations Committee of the Mississippi Flyway Council 
also endorsed the guidelines. The Central Flyway Council and the Upper-
Region Regulations Committee of the Mississippi Flyway Council 
expressed concerns about using the guidelines before the proposed 
general approach to managing duck harvests has been thoroughly reviewed 
by all interested parties. These concerns related only to the 1995-96 
hunting season. The Pacific Flyway Council supported the general format 
of the guidelines, but expressed reservations about guidelines based 
upon mid-continent mallards and a harvest strategy that does not permit 
greater harvest opportunity on lightly-harvested species. Further, the 
Council urged development of a specific harvest strategy for pintails, 
the second-most important species in the Pacific Flyway harvest.
    B. Framework Dates
    In the frameworks packages proposed for 1995-96, the Pacific and 
Central Flyway Councils and the Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended that the framework opening 
and closing dates in all 3 packages be the Saturday nearest October 1 
and the Sunday nearest January 20. The Lower-Region Regulations 
Committee of the Mississippi Flyway Council recommended that the 
opening and closing dates be the Saturday nearest October 1 and January 
20 in all three packages.
    C. Season Length
    In the frameworks packages proposed for 1995-96, the Pacific Flyway 
Council recommended that in the ``restrictive'' package, the season 
length be 60 days instead of 59 days.
    E. Bag Limits
    In the frameworks packages proposed for 1995-96, the Pacific Flyway 
Council recommended that mallard daily bag limits be 5 (with 1 hen) 
instead of 4 (with 1 hen) in the ``moderate'' package and 6 (with 2 
hens) instead of 6 (with 1 hen) in the ``liberal'' package. The Council 
also recommended that the pintail daily bag limit in the ``liberal'' 
package be 3 birds instead of 2.
    The Central Flyway Council recommended reinstating the point-system 
option for establishing the daily bag limit for ducks in 1995. Further, 
the Council also would like to work with the Service in another 
cooperative review of its point-system policy.
    F. Zones and Split Seasons
    The Central Flyway Council recommended that the Service eliminate 
its policy that States may not zone and/or use a 3-way split season 
simultaneously within a special management unit and the remainder of 
the State when establishing duck hunting zones.
    G. Special Seasons/Species Management
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council recommended that during the first 9 days of the regular duck 
season, production States be given the option of 1 additional blue- or 
green-winged teal in the bag limit during a 3-year experimental period.
    i. Canvasback
    As part of the general harvest strategy, the Pacific Flyway Council 
recommended that limits on canvasbacks follow the Service's harvest 
strategy; however, the Council believes that canvasbacks should be 
managed by western and eastern populations.
    ii. September Teal Seasons
    The Central Flyway Council recommended that the September teal 
season in the Central Flyway be increased from 9 to 16 days.

4. Canada Geese

    A. Special Seasons
    The Atlantic Flyway Council recommended that Delaware and Rhode 
Island be permitted to initiate a 3-year experimental resident Canada 
goose season with framework dates of September 1 to 15.
    The Atlantic Flyway Council also recommended that Massachusetts, 
New Jersey, New York, North Carolina, Pennsylvania, and Virginia be 
permitted to expand the hunt areas of their experimental goose seasons.
    In North Carolina, the Atlantic Flyway Council requested that the 
framework date for the experimental resident Canada goose season in the 
Northeast hunt area be September 1 to 20.
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council recommended modification of the early Canada goose seasons 
criteria to allow any State to conduct a non-experimental special 
season between the dates of September 1 and 15. The Committee 
recommended that States continue monitoring hunter activity and success 
until they begin participation in the Harvest Information Program and 
close areas where evidence from band recoveries or other sources 
indicated unacceptable (greater than 10 percent) harvest non-target 
populations of concern. Special seasons occurring after September 15 
would be required to meet all existing Service criteria for special 
resident Canada goose seasons and would not be altered in any way 
during the 3-year experimental period.
    If the above modifications to the special-season criteria are not 
approved, 

[[Page 37316]]
the Upper-Region Regulations Committee recommended the following 
experimental special seasons:
    In Indiana, a Statewide season during September 1 to 15.
    In Illinois, a season in the nine northeast counties of the State 
during September 9 to 18.
    In Wisconsin, expand the size of the Southeastern Zone for a 
September 1 to 13 season.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended that the flyway-wide framework for special resident 
giant Canada goose seasons be September 1 to 15 where areas of concern 
do not exist.
    In Tennessee, the Lower-Region Regulations Committee of the 
Mississippi Flyway Council recommended that the zone for the special 
resident Canada goose season in east Tennessee be expanded from 11 to 
28 counties, east of and including Anderson, Campbell, Hamilton, Rhea, 
and Roane Counties. The Committee also recommended that Tennessee be 
permitted to hold a special September Canada goose season in the 
Kentucky/Barkley Lakes Zone in west Tennessee.
    The Pacific Flyway Council requested modification of the early 
Canada goose seasons criteria to allow any State to conduct a season 
between the dates of September 1 and 15 for a 3-year experimental 
period. The Council recommended that States continue monitoring hunter 
activity and success until they begin participation in the Harvest 
Information Program and close areas where evidence from band recoveries 
or other sources indicated unacceptable (greater than 10 percent) 
harvest of non-target populations of concern. Special seasons occurring 
after September 15 would be required to meet all existing Service 
criteria for special Canada goose seasons and would not be altered in 
any way during the 3-year experimental period.
    The Pacific Flyway Council recommended continuation of the early 
September Canada goose season in southwestern Wyoming and that an 
experimental hunt be allowed in Teton County, Wyoming, where it would 
be by State permit (no more than 40 permits may be issued) with 
framework dates of September 1 to 15 and a maximum limit of 2 Canada 
geese permitted per season.
    B. Regular Seasons
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council recommended a September 23 framework opening date for regular 
goose seasons in the Upper Peninsula of Michigan and Statewide in 
Wisconsin.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended that the Canada goose hunting season in Louisiana 
be expanded from the Southwest Louisiana Zone to Statewide, using the 
same guidelines followed during the past 5 years.
    The Pacific Flyway Council recommended a daily bag limit of 1 
cackling Canada goose in northwestern Oregon and southwestern 
Washington. The Council recommends allowing one additional cackling 
Canada goose in the bag if additional Canada goose hunting season 
closures are required to further protect dusky Canada geese, however, 
and provided that the 1995 breeding pair index indicates a continued 
increase in the cackling Canada goose population and the strategy for 
harvesting not more than 1,500 in northwestern Oregon and 1,000 in 
southwestern Washington remains unchanged.

7. Snow and Ross's (Light) Geese

    The Central Flyway Council recommended that framework dates for 
hunting light geese in the Central Flyway be extended to March 10.

8. Tundra Swans

    The Pacific Flyway Council recommended a 5-year experimental swan 
season that would allow a restricted take of trumpeter swans in 
otherwise tundra swan hunting seasons, with the previous tundra swan 
seasons and areas open to hunting being modified to minimize the take 
of trumpeter swans. The Council seeks a responsible balance between its 
efforts to enhance expansion of the Rocky Mountain Population (RMP) of 
trumpeter swans and accommodate opportunities to hunt tundra swans.
    The Pacific Flyway Council recommended changing the closing date 
for swan hunting seasons from the Sunday closest to January 20 to 
December 1 for Montana, the Sunday closest to December 15 for Utah, and 
the Sunday following January 1 for Nevada.
    The Pacific Flyway Council also recommended changes to the swan 
hunt areas in Montana and Utah. In Montana, those portions of Pondera 
and Teton Counties west of U.S. Highways 287-89 would be deleted from 
the open area, while Choteau County would be added. Utah would be 
reduced from the Statewide hunt area that existed prior to 1994 to just 
the Great Salt Lake Basin, i.e., those portions of Box Elder, Weber, 
Davis, Salt Lake, and Tooele Counties bounded by Utah State Highway 30, 
Interstate 80/84, Interstate 15, and Interstate 80.
    The Pacific Flyway Council also recommended that the number of swan 
permits remain unchanged at 500 for Montana and 650 for Nevada but 
increased from 2,500 to 2,750 for Utah. The Council deemed the increase 
in Utah permits as appropriate to partially offset anticipated 
reduction in swan hunting opportunities resulting from the recommended 
changes.
    In addition to the foregoing changes, the Pacific Flyway Council 
proposed limiting the potential take of trumpeter swans by establishing 
a quota of 20 trumpeter swans which would be divided between Utah and 
Nevada prior to the season. A State season would be allowed, within the 
frameworks, so long as that quota had not been attained; however, the 
season would be closed through emergency action by the affected State 
upon attainment of that quota. To measure the take of trumpeters with 
respect to the quota, the Council recommended hunters in Utah and 
Nevada be required to participate in a mandatory parts check at 
designated sites within 72 hours of harvesting any swan. In Montana, 
where there would be no recommended quota, species composition of the 
harvest would be determined through the voluntary bill-measurement card 
program currently operated by the State.
    Mr. Laurence N. Gillette, representing The Trumpeter Swan Society 
(TTSS), submitted an integrated package of recommendations for 
enhancing efforts to expand both the winter and summer range of RMP of 
trumpeter swans while allowing continuation of significantly modified 
tundra swan seasons in Montana, Utah, and Nevada. Dispersal of 
trumpeter swans from winter concentration areas in less-than-optimum, 
high-mountain habitats in the Tri-state Area of Montana, Wyoming, and 
Idaho is deemed of primary importance and, if accomplished, would 
likely result in trumpeter swans following tundra swan migration 
corridors through hunt areas in Utah and Nevada enroute to California.
    Aside from recommendations regarding management actions directed 
only at RMP trumpeter swans, TTSS recommended that the Service minimize 
the mortality of trumpeters during tundra swan seasons by: (1) 
authorizing seasons only during times of peak tundra swan abundance 
when the generally later-arriving RMP trumpeter swans are less likely 
to be present and the ratio of tundra to trumpeters is highest, i.e., 
Montana and Utah - open early to mid-October and close by December 1, 
Nevada - open early to mid-October and close by January 1; (2) 
authorizing tundra swan hunting only 

[[Page 37317]]
in key tundra swan hunting areas, i.e., Montana (Pacific Flyway 
portion) - Freezeout Lake and currently hunted areas east of U.S. 
Highway 287 between Augusta and Choteau and east of U.S. Highway 89 
between Choteau and the Blackfeet Indian Reservation; Utah - Great Salt 
Lake Basin, specifically those portions of Box Elder, Weber, Davis, 
Salt Lake and Tooele Counties that lie south of Utah State Highway 30 
and Interstate 84, west of Interstate 15, and north of Interstate 80; 
Nevada - same as in 1994 because swan hunting is currently restricted 
to concentration areas in western Nevada; and (3) identifying specific 
hunt management actions and prohibitions on the Bear River Migratory 
Bird Refuge in Utah.
    Should the above three recommendations regarding tundra swan 
hunting be fully implemented, TTSS would not object to the Service 
authorizing an accidental harvest quota of not more than 25 trumpeter 
swans for the Pacific Flyway States and, thereby, removing liability 
from tundra swan hunters mistakenly shooting a trumpeter swan. The 
quota would be subject to the following: (1) the quota would be 
allocated prior to the season, (2) a State could optionally zone and 
allocate the quota among zones before the season, but the zone or 
entire Statewide hunt area will close immediately if the quota is 
attained, (3) require that swans be tagged immediately and brought in 
to be checked and measured within 3 days, and (4) each permittee must 
either check a tagged bird or submit an unused tag at the end of the 
season, with penalties for noncompliance. Specific efforts to monitor 
RMP trumpeter swans and to educate hunters were recommended.
    Service Response: During 1994, the Service restricted the tundra 
swan season and hunt areas in Utah and required Montana, Utah, and 
Nevada to measure the accidental take, if any, of trumpeter swans 
during the tundra swan seasons. Pending reports on the occurrence and 
take of trumpeter swans in the hunt areas last year, possible 
additional changes may be warranted. The Service believes continued 
tundra swan hunting in these three States is warranted but that seasons 
may be modified to minimize, but not preclude, the accidental take of 
trumpeter swans. A general swan season with a limited, biologically 
acceptable, but very controlled take of trumpeter swans may be a 
feasible approach to accommodate management objectives for both 
species. Final decision on such an approach, however, will be deferred 
until the late-season final frameworks, when all public comment has 
been considered.

9. Sandhill Cranes

    The Central Flyway Council recommended that the Wyoming sandhill 
crane hunting season be expanded to Park and Bighorn Counties.
    The Pacific Flyway Council recommended following the management 
plan with respect to seasons on the Rocky Mountain Population of 
greater sandhill cranes. Pending final results of the March 1995 survey 
which should be available in June 1995, harvest guidelines would allow 
an open season in the States of Arizona, Colorado, Idaho, Montana, New 
Mexico, Utah, and Wyoming if the population is above 16,000 cranes; 
otherwise, there would be no open season. With an open season, there 
would be no change in frameworks.

14. Woodcock

    The Atlantic Flyway Council recommended that woodcock season 
frameworks remain unchanged in the Eastern Region for 1995-96 unless 
adverse weather substantially depresses the breeding populations as 
measured by the 1995 Singing Ground Survey. The Council believes that 
population declines are attributed to habitat loss and degradation 
rather than due to current harvest levels.

18. Alaska

    The Pacific Flyway Council recommended changes in bag and 
possession limits for ducks in Alaska. Specifically, the Council 
requested for the framework set and the combined moderate-liberal 
framework set, respectively, the following bag and possession limits: 
North Zone 8/24 or 10/30, Gulf Coast Zone 6/18 or 8/24, and Southeast, 
Pribilof/Aleutian, and Kodiak zones 5/15 or 7/21; pintail limits 2/4; 
and canvasback limits 2/4. Sea duck limits of 15/30 would be separate, 
with seasons to remain closed on spectacled and Steller's eiders.

20. Puerto Rico

    Puerto Rico recommended that the daily bag limit for ducks be 
increased from 3 to 4 birds and that the daily bag limit for snipe be 
increased from 6 to 8 birds.

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, 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

    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 

[[Page 37318]]
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 March 24, 1995 (60 FR 15642), 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 (FRIA), and publication of a summary 
of the latter. Although a FRIA is no longer required, the economic 
analysis contained in the FRIA was reviewed and the Service determined 
that it met the requirements of E.O. 12866. However, the Service is 
currently preparing a Small Entity Flexibility Analysis, under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq), to further document 
the significant beneficial economic effect on a substantial number of 
small entities. This rule was not subject to review by the Office of 
Management and Budget (OMB) under E.O. 12866.
    These proposed regulations contain no information collections 
subject to OMB review under the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501 et seq.). However, the Service does utilize information 
acquired through other various information collections in the 
formulation of migratory game bird hunting regulations. These 
information collection requirements have been approved by OMB and 
assigned clearance numbers 1018-0005, 1018-0006, 1018-0008, 1018-0009, 
1018-0010, 1018-0015, 1018-0019, and 1018-0023.

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 1995-96 
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: June 5, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 95-14756 Filed 6-15-95; 8:45 am]
BILLING CODE 4310-55-F

Editorial Note: This document was originally published at 60 FR 
31890, June 16, 1995, and is being reprinted in its entirety because 
of typesetting errors.