[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Rules and Regulations]
[Pages 46152-46169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23017]



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Part VI





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



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; Final Rule

  Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules 
and Regulations  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE14


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 permits taking of designated species 
during the 1997-98 season.

DATE: This rule is effective August 29, 1997.

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 1997

    On March 13, 1997, the Service published in the Federal Register 
(62 FR 39712) 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 6, 1997, the Service published in the 
Federal Register (62 FR 31298) a second document providing supplemental 
proposals for early- and late-season migratory bird hunting regulations 
frameworks and the proposed regulatory alternatives for the 1997-98 
duck hunting season. The June 6 supplement also provided detailed 
information on the 1997-98 regulatory schedule and announced the 
Service Migratory Bird Regulations Committee and Flyway Council 
meetings.
    On June 27, 1997, the Service held a public hearing in Washington, 
DC, as announced in the March 13 and June 6 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 23, 1997, the Service published in the Federal 
Register (62 FR 39712) a third document. This document contained the 
final regulatory alternatives for the 1997-98 duck hunting season and 
the proposed early-season frameworks for the 1997-98 season.
    On August 7, 1997, the Service held a public hearing in Washington, 
DC, as announced in the March 13, June 6, and July 23 Federal Registers 
to review the status of waterfowl. Proposed hunting regulations were 
discussed for late seasons. On August 20, 1997, (62 FR 44229), the 
Service published a fifth document on migratory bird hunting. The 
document contained 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 25, 1997, the 
Service published a sixth document (62 FR 45078) on migratory bird 
hunting. The sixth document dealt specifically with proposed frameworks 
for the 1997-98 late-season migratory bird hunting regulations. The 
final rule described here is the seventh 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. It sets 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; youth waterfowl hunting day; 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 (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 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. 
Findings from these consultations are included in a biological opinion 
and may have modified some regulatory measures previously proposed. The 
final frameworks here reflect any such 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 Office of Migratory Bird Management, 
at the address indicated under the caption ADDRESSES.

Executive Order (E.O.) 12866

    This rule is economically significant and was reviewed by the 
Office of Management and Budget (OMB) under E.O. 12866.

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.

Regulatory Flexibility Act

    These regulations have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq). In the March 13, 1997, Federal Register, the 
Service reported measures it took to comply with requirements of the 
Act. One measure was to prepare a Small Entity Flexibility Analysis 
(Analysis) in 1996 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 MBMO.

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Paperwork Reduction Act

    The Department examined these regulations under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3507(d)). Under the Act, information 
collections must be approved by the Office of Management and Budget 
(OMB). The Service uses the various information collection requirements 
contained in this rule to develop future migratory game bird hunting 
regulations. Specifically, the information collection requirements of 
the Migratory Bird Harvest Information Program have been approved by 
OMB and assigned clearance number 1018-0015. This information is used 
to provide a sampling frame for voluntary national surveys to improve 
Service harvest estimates for all migratory game birds in order to 
better manage these populations. OMB approval for the Sandhill Crane 
Harvest Questionnaire, 1018-0023, has expired and has been submitted to 
OMB for reinstatement. The information from this survey is used to 
estimate the magnitude, the geographical and temporal distribution of 
harvest, and the portion it constitutes of the total population. The 
Service will not collect this information until OMB approval has been 
obtained and a Federal Register notice published. Additionally, no 
person may be required to respond to a collection of information unless 
it displays a currently valid OMB number.

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 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 Reform Act

    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 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: August 21, 1997.
William L. Leary,
Acting 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 of the Code of Federal Regulations 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. 97-23017 Filed 8-28-97; 8:45 am]
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