[Federal Register Volume 60, Number 169 (Thursday, August 31, 1995)]
[Rules and Regulations]
[Pages 45628-45642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21781]




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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: Seasons, Limits, and Shooting Hours; 
Establishment, etc.; Final Rule

  Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / 
Rules and Regulations  
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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[RIN 1018-AC79]


Migratory Bird Hunting; Early Seasons and Bag and Possession 
Limits for Certain Migratory Game Birds in the Contiguous United 
States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands

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 of mourning, white-winged, and white-
tipped doves; band-tailed pigeons; rails; moorhens and gallinules; 
woodcock; common snipe; sandhill cranes; sea ducks; early (September) 
waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, 
and the Virgin Islands; and some extended falconry seasons. Taking of 
migratory birds is prohibited unless specifically provided for by 
annual regulations. This rule will permit taking of designated species 
during the 1995-96 season.

EFFECTIVE DATE: August 31, 1995.

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 1995

    On March 24, 1995, the Service published for public comment in the 
Federal Register (60 FR 15642) a proposal to amend 50 CFR part 20, with 
comment periods ending July 21, 1995, for early-season proposals and 
September 4, 1995, for late-season proposals. Due to some unforeseen 
and uncontrollable publishing delays in the proposed early-season 
regulations frameworks, the Service had to extend the public comment 
period to July 31, 1995. On June 16, 1995, the Service published for 
public comment a second document (60 FR 31890) which provided 
supplemental proposals for early- and late-season migratory bird 
hunting regulations frameworks. On June 22, 1995, a public hearing was 
held in Washington, DC, as announced in the March 24 and June 16 
Federal Registers 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 21, 1995, the Service 
published in the Federal Register (60 FR 37754) a third document in the 
series of proposed, supplemental, and final rulemaking documents which 
dealt specifically with proposed early-season frameworks for the 1995-
96 season. On August 3, 1995, a public hearing was held in Washington, 
DC, as announced in the March 24, June 16, and July 21 Federal 
Registers, to review the status of waterfowl. Proposed hunting 
regulations were discussed for late seasons. The fourth document in the 
series, published August 28, 1995 (60 FR 44463), dealt specifically 
with proposed frameworks for the 1995-96 late-season migratory bird 
hunting regulations. On August 29, 1995, the Service published a fifth 
document (60 FR 45020) 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. The final rule 
described here is the sixth in the series of proposed, supplemental, 
and final rulemaking documents for migratory game bird hunting 
regulations and deals specifically with amending subpart K of 50 CFR 20 
to set hunting seasons, hours, areas, and limits for mourning, white-
winged, and white-tipped doves; band-tailed pigeons; rails; moorhens 
and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; 
early (September) waterfowl seasons; mourning doves in Hawaii; 
migratory game birds in Alaska, Puerto Rico, and the Virgin Islands; 
and some extended falconry seasons.

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 (SEIS 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

    In August 1995, 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 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. In addition, the Service 
prepared a Small Entity Flexibility Analysis, under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), which further document the 
significant beneficial economic effect on a substantial number of small 
entities. This rule was reviewed under E.O. 12866.
    These 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.

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 preliminary proposed 
rulemaking was published, the Service established what it believed were 
the longest periods possible for 

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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 to be 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.

Authorship

    The primary author of this rule is Ron W. Kokel of the Office of 
Migratory Bird Management.

List of Subjects in 50 CFR Part 20

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

    Dated: August 29, 1995.
George T. Frampton, Jr.,
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:

PART 20--[AMENDED]

    1. The authority citation for part 20 is revised to read as 
follows:

    Authority: 16 U.S.C. 703-711, 16 U.S.C. 712, and 16 U.S.C. 742a-
j.

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[FR Doc. 95-21781 Filed 8-30-95; 8:45 am]
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