[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50738-50764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24859]


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SOCIAL SECURITY ADMINISTRATION
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AD69


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 permits taking of designated species 
during the 1996-97 season.

EFFECTIVE DATE: September 27, 1996.

ADDRESSES: The public may inspect comments 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

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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 Sections 20.101 through 20.107, 20.109, and 
20.110 of subpart K. These regulations were 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), designated as ``migratory game birds'' in conventions 
between the United States and several foreign nations for their 
protection and management. 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 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. The June 13 supplement also provided 
detailed information on the 1996-97 regulatory schedule and announced 
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 1996-97 regulatory alternatives for duck hunting and its 
intent to consider establishing a special youth waterfowl hunting day. 
On June 27, 1996, the Service held a public hearing in Washington, DC, 
as announced in the March 22 and June 14 Federal Registers, to review 
the status of migratory shore and upland game birds. The Service 
discussed hunting regulations for these species and for other early 
seasons. On July 22, 1996, the Service published in the Federal 
Register (61 FR 37994) a fourth document specifically dealing with 
proposed early-season frameworks for the 1996-97 season. This document 
also extended the public comment period to August 1, 1996, for early-
season proposals.
    On August 2, 1996, the Service held a public hearing in Washington, 
DC, as announced in the March 22, June 14, and July 22 Federal 
Registers, to review the status of waterfowl and discuss proposed 
hunting regulations for late seasons. On August 15, 1996, (61 FR 
42506), the Service published a fifth and sixth document on migratory 
bird hunting. The fifth document dealt specifically with proposed 
frameworks for the 1996-97 late-season migratory bird hunting 
regulations while the sixth document proposed establishing a youth 
waterfowl hunting day for the 1996-97 duck-hunting season. On August 
29, 1996, the Service published a seventh document 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. On August 30, 1996, the Service published in the Federal 
Register (61 FR 46357) an eighth 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 18, 1996, the 
Service published a ninth document on the final frameworks for 
establishing a youth waterfowl hunting day. The Service published on 
September 20, 1996, a tenth document consisting of a final rule 
amending subpart K of title 50 CFR Part 20 to set hunting seasons, 
hours, areas, and limits for the youth waterfowl hunting day. The 
Service published 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 1996-97 in an eleventh document in the September 26, 1996, Federal 
Register. The final rule described here is the twelfth and final in the 
series of proposed, supplemental, and final rulemaking documents for 
migratory game bird hunting regulations for 1996-97 and deals 
specifically with amending subpart K of 50 CFR part 20 to set hunting 
seasons, hours, areas, and limits for species subject to late-season 
regulations and those for early seasons that States 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. 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 were 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 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, and September 26, 1996, Federal Registers, the 
Service reported measures it took to comply with requirements of the 
Regulatory Flexibility Act and E.O. 12866. To document the significant 
beneficial economic effect on a substantial number of small entities, 
the Service prepared a Small Entity Flexibility Analysis that estimated 
migratory bird hunters would spend between $254 and $592 million at 
small businesses in 1996. Copies are available upon request from the 
Office of Migratory Bird Management. This rule was reviewed by the 
Office of Management and Budget (OMB) under E.O. 12866. The Department 
examined these proposed regulations under the Paperwork Reduction Act 
of 1995. The various information collection requirements are utilized 
in the formulation of migratory game bird hunting regulations. OMB has 
approved these information collection requirements and assigned 
clearance numbers 1018-0015 and 1018-0023.

Congressional Review

    In accordance with Section 251 of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (5 U.S.C. 8), this rule has been 
submitted to Congress and has been declared major. Because this rule 
establishes hunting seasons, this rule qualifies for an exemption under 
5 U.S.C. 808(1); therefore, the Department determines that this rule 
shall take effect immediately.

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

[[Page 50740]]

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 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.

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 24, 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 continues 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. 96-24859 Filed 9-26-96; 8:45 am]
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