[Federal Register Volume 61, Number 184 (Friday, September 20, 1996)]
[Rules and Regulations]
[Pages 49638-49643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24273]



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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; Seasons and Bag Limits for the 1996-97 Youth 
Waterfowl Hunting Day; Final Rule

  Federal Register / Vol. 61, No. 184 / Friday, September 20, 1996 / 
Rules and Regulations  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AD69


Migratory Bird Hunting; Seasons and Bag Limits for the 1996-97 
Youth Waterfowl Hunting Day

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 the youth waterfowl hunting day for 
the 1996-97 duck-hunting season. Taking of migratory birds is 
prohibited unless specifically provided for by annual regulations. This 
rule permits the taking of designated species during the 1996-97 
season. These selections will be published in the Federal Register as 
amendments to Sec. 20.105 of title 50 CFR part 20.

EFFECTIVE DATE: September 21, 1996.

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 1996

    On March 22, 1996, the Service published in the Federal Register 
(61 FR 11992) 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. On June 13, 1996, the Service published in the 
Federal Register (61 FR 30114) a second document providing supplemental 
proposals for early- and late-season migratory bird hunting regulations 
frameworks, detailing information on the 1996-97 regulatory schedule, 
and announcing the Service Migratory Bird Regulations Committee and 
Flyway Council meetings. On June 14, 1996, the Service published in the 
Federal Register (61 FR 30490) a third document describing the 
Service's proposed regulatory alternatives for the 1996-97 duck hunting 
season and the Service's consideration of a proposed youth waterfowl 
hunting day. On August 15, 1996, the Service published in the Federal 
Register (61 FR 425000) a proposal for the establishment of a special 
youth waterfowl hunting day. On September 18, 1996, the Service 
published the final framework for establishing a youth waterfowl 
hunting day for the 1996-97 migratory bird hunting season from which 
wildlife conservation agency officials from the States selected hunting 
dates, hours, areas, and limits. The final rule described here deals 
specifically with amending subpart K of 50 CFR part 20. It sets hunting 
seasons, hours, areas, and limits for the youth waterfowl hunting day.

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 have been conducted to ensure that 
actions resulting from these regulations 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 caused modification of some regulatory measures previously 
proposed. The final frameworks reflect any 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 MBMO, at the address indicated under 
the caption ADDRESSES.

Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the 
Paperwork Reduction Act

    In the March 22, 1996, Federal Register, the Service reported 
measures it took to comply with requirements of the Regulatory 
Flexibility Act and E.O. 12866. One measure was to prepare a Small 
Entity Flexibility Analysis (Analysis) 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 Office of Migratory Bird 
Management. This rule was not subject to review by the Office of 
Management and Budget under E.O. 12866.
    The Service examined these proposed regulations under the Paperwork 
Reduction Act of 1995 and found no information collection requirements.

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 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.

Unfunded Mandates

    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.

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Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this proposed 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 17, 1996
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: 16 U.S.C. 703-712; and 16 U.S.C. 742 a--j.

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[FR Doc. 96-24273 Filed 9-19-96; 8:45 am]
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