[Federal Register Volume 63, Number 103 (Friday, May 29, 1998)]
[Proposed Rules]
[Pages 29518-29523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14267]



[[Page 29517]]

_______________________________________________________________________

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; Notice of Meetings; Proposed Rule

  Federal Register / Vol. 63, No. 103/ Friday, May 29, 1998 / Proposed 
Rules  

[[Page 29518]]



DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE93


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; supplemental.

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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 for the 1998-99 hunting season. This 
supplement to the proposed rule provides the regulatory schedule; 
announces the Service Migratory Bird Regulations Committee and Flyway 
Councils meetings; and describes the proposed regulatory alternatives 
for the 1998-99 duck hunting seasons and other proposed changes from 
the 1997-98 hunting regulations.

DATES: The Service Migratory Bird Regulations Committee will consider 
and develop proposed regulations for early-season migratory bird 
hunting on June 23 and 24, and for late-season migratory bird hunting 
on August 4 and 5. All meetings will commence at approximately 8:30 
a.m. The Service will hold public hearings on proposed early- and late-
season frameworks at 9:00 a.m. on June 25 and August 6, 1998, 
respectively. The comment period for the proposed regulatory 
alternatives for the 1998-99 duck hunting seasons will end on July 1, 
1998. 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 27, 1998. The comment period for 
late-season proposals will end on September 7, 1998.

ADDRESSES: The Service Migratory Bird Regulations Committee will meet 
in room 200 of the U.S. Fish and Wildlife Service's Arlington Square 
Building, 4401 N. Fairfax Drive, Arlington, Virginia. The Service will 
hold public hearings in the Auditorium of the Department of the 
Interior Building, 1849 C Street, NW., Washington, DC. Parties should 
submit written comments on the proposals and/or a notice of intent to 
participate in either hearing 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. The public may 
inspect comments 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 1998

    On March 20, 1998, the Service published in the Federal Register 
(63 FR 13748) 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 Sec. 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. The Service will publish early-season frameworks in mid-
July and late-season frameworks in mid-August. The Service will publish 
final regulatory alternatives for the 1998-99 duck hunting seasons in 
mid-July and final regulatory frameworks for early seasons on or about 
August 21, 1998, and those for late seasons on or about September 26, 
1998.
    On June 25, 1998, the Service will hold a public hearing 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 6, 1998, the Service will hold a public hearing 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 25 public hearing.

Announcement of Service Migratory Bird Regulations Committee 
Meetings

    The June 25 meeting will review information on the current status 
of migratory shore and upland game birds and develop 1998-99 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. In addition, the Service will review and discuss 
preliminary information on the status of waterfowl as it relates to the 
development of the final regulatory packages for the 1998-99 regular 
waterfowl seasons. The June 25 meeting will ensure that the Service 
develops its regulations recommendations with full consultation.
    The August 6 meeting will review information on the current status 
of waterfowl and develop 1998-99 migratory game bird regulations 
recommendations for regular waterfowl seasons and other species and 
seasons not previously discussed at the early season meetings. The 
August 6 meeting will ensure that the Service develops its regulations 
recommendations with full consultation.
    In accordance with Departmental policy, these meetings are open to 
public observation. Members of the public may submit written comments 
to the Director on the matters discussed.

Announcement of Flyway Council Meetings

    Service representatives will be present at the following meetings 
of the Flyway Councils:

Atlantic Flyway, July 30-31, Simsbury, Connecticut (Simsbury Inn)
Mississippi Flyway, July 30-31, Alton, Illinois (Holiday Inn)
Central Flyway, July 29-31, Bismarck, North Dakota (Holiday Inn)
Pacific Flyway, July 30-31, Blaine, Washington (The Inn at Semi-ah-moo)

    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 contains the proposed regulatory 
alternatives for the 1998-99 duck hunting seasons. All comments and 
recommendations received through May 1, 1998, relating to the 
development of these alternatives are included and addressed herein.
    This supplemental rulemaking also describes other recommended 
changes based on the preliminary proposals published in the March 20, 
1998, Federal Register. Only those recommendations requiring either new 
proposals or substantial modification of the preliminary proposals are 
included here. This supplement does not include recommendations that 
support or oppose but do not recommend alternatives to the preliminary 
proposals. The Service will consider these comments later in the 
regulations-development process. The Service will publish responses to 
all proposals, written comments, and public-hearing testimony when it 
develops final frameworks.
    The Service seeks additional information and comments on the

[[Page 29519]]

recommendations in this supplemental proposed rule. The Service will 
consider all recommendations and associated comments during development 
of the final frameworks.
    New proposals and modifications to previously described proposals 
are discussed below. Wherever possible, they are discussed under 
headings corresponding to the numbered items in the March 20, 1998, 
Federal Register.

1. Ducks

    Categories used to discuss issues related to duck harvest 
management are: (A) Harvest Strategy Considerations, (B) Framework 
Dates, (C) Season Length, (D) Closed Seasons, (E) Bag Limits, (F) Zones 
and Split Seasons, and (G) Special Seasons/Species Management. The 
categories correspond to previous published issues/discussion and only 
those containing substantial recommendations are discussed below.

A. Harvest Strategy Considerations

    Council Recommendations: The Atlantic Flyway Council recommended 
that the duck hunting packages used for the 1997-98 season be continued 
for the 1998-99 season.
    The Upper-Regulations Committee of the Mississippi Flyway Council 
recommended that the 1997-98 regulations packages be maintained for the 
1998-99 duck season. These consisted of 20-, 30-, 45-, and 60-day 
seasons, with bag limits ranging from 3 to 6 ducks, including 
appropriate species restrictions, and frameworks dates from the 
Saturday nearest October 1 to the Sunday nearest January 20.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended that the regulatory packages for the 1997-98 season 
be continued in 1998-99, with the exception of framework dates (see 
further discussion in B. Framework Dates).
    The Central Flyway Council recommended that the duck hunting 
packages used for the 1997-98 season be continued for the 1998-99 
season.
    Service Response: Beginning in 1995, the Service, Flyway Councils, 
and States introduced a new approach to the regulation of duck 
harvests, called Adaptive Harvest Management (AHM). AHM should help 
managers better understand the impacts of regulations on harvest and 
population levels, thereby improving the ability to provide maximum 
hunting opportunities consistent with long-term resource maintenance. 
AHM also is intended to provide a more objective, better informed, and 
less contentious decision-making process, as well as a formal and 
coherent framework for addressing controversial harvest-management 
issues.
    An integral part of this harvest-management approach is the 
cooperative establishment of a set of regulatory alternatives that 
includes specified season lengths and bag limits for very restrictive, 
restrictive, moderate, and liberal seasons. The alternatives used last 
year were the result of extensive discussions with the Flyway Councils 
and States, as well as involvement by the public. The Service 
appreciates the Flyway Councils' support for the continued use of those 
regulatory alternatives for the 1998-99 duck hunting season.
    For the 1998-99 regular duck hunting season, the Service proposes 
the four regulatory alternatives detailed in the accompanying table. 
Alternatives are specified for each Flyway and are designated as ``VERY 
RES'' for the very restrictive, ``RES'' for the restrictive, ``MOD'' 
for the moderate, and ``LIB'' for the liberal alternative. The Service 
will publish final regulatory alternatives in July and propose a 
specific regulatory alternative when survey data on waterfowl 
population and habitat status are available. Public comments will be 
accepted until July 1, 1998, and should be sent to the address under 
the caption ADDRESSES.

B. Framework Dates

    Council Recommendations: The Atlantic Flyway Council recommended no 
change to the current framework dates, believing that extensions would 
be premature without knowing the potential harvest impacts, which could 
reduce the frequency of liberal regulations and would reduce the 
likelihood that eastern mallards will be fully incorporated into AHM 
this year.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended the Service allow States to choose a framework 
closing date as late as January 31 with a 10% penalty in days.
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council recommended no change in existing framework dates. The 
Committee also recommended that if the Service were to offer States the 
opportunity to extend frameworks, the extension should be coupled with 
a commensurate reduction in season length and/or bag limits in the 
participating States to offset the predicted increase in harvest.
    The Central Flyway Council recommended maintaining the current 
opening and closing framework dates adopted under AHM. However, at some 
future date, when the packages are reviewed for modification, the 
Council recommended that the framework dates issue should be 
cooperatively dealt with by all Flyways in seeking an agreement for 
equitable harvest opportunity.
    The Pacific Flyway Council recommended maintaining the current 
opening and closing duck season framework dates adopted under AHM for 
the near future.
    Service Response: In 1995, the Service established framework 
opening and closing dates of the Saturday nearest October 1 to the 
Sunday nearest January 20 for the Pacific, Central, and Mississippi 
Flyways, and fixed dates of October 1 to January 20 for the Atlantic 
Flyway (60 FR 50045). The Service maintained these framework dates for 
1996 and 1997. In recent years, the Service has been requested by the 
Lower-Region Regulations Committee of the Mississippi Flyway Council 
(Alabama, Arkansas, Kentucky, Louisiana, Mississippi, and Tennessee) to 
consider a closing date of January 31. In previous Federal Registers 
(March 20, 1998 [63 FR 13751] and July 23, 1997 [62 FR 39718]), the 
Service maintained that considerations for extending the framework 
dates must address the potential increase in harvest, redistribution of 
harvest within and among Flyways, and the potential physiological 
impacts to birds later in the winter. Because of the concerns that 
these proposals would increase harvest and reallocate the harvest, the 
Service maintained the traditional closing date.
    In the Interior Appropriations Committee Report for FY 1998, the 
Service was directed to analyze existing information and clarify 
potential impacts of framework extensions. The Service complied with 
this directive and believes that the available scientific data suggest 
clearly that framework extensions will increase the harvest of most 
duck species, although the magnitude of the increases cannot be 
estimated precisely. Based on these results, large-scale extensions of 
framework dates, without appropriate mitigation in harvest, could 
decrease the frequency of years with liberal regulations, while 
increasing the frequency of years with more restrictive regulations. 
The Service's report was peer-reviewed and made available for public 
comment before being submitted to the Congress (copies are available 
from the Service at the address indicated under ADDRESSES).
    The Service believes that any extension of the framework closing 
date must be accompanied by a commensurate reduction in season length 
to offset the expected increase in

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harvest. Offsetting the expected harvest increase would protect the 
migratory bird resource and address concerns about any redistribution 
of the harvest within or among Flyways. The Service also believes a 
change in the closing date can be considered only if the number of 
States permitted the framework extension is limited (only those few 
States within the Lower Region of the Mississippi Flyway), and if the 
reduction in season length is sufficient to offset the expected 
increase in harvest.
    In response to a portion of the hunting public in the southern 
States of the Mississippi Flyway that is not satisfied with the 
existing regulatory alternatives, the Service proposes to offer an 
extension of the framework closing date to no later than January 31 
only for those States in the Lower Region of the Mississippi Flyway 
(AL, AR, KY, LA, MS, TN), provided it can be determined that no net 
increase in harvest or redistribution of hunting opportunity/harvest 
occurs within and among Flyways. Any extension of the closing date will 
be offset with a reduction in season length sufficient to offset any 
expected harvest increase in those States. The Service's goal is to 
ensure that non-participating States will not be negatively affected as 
a result of States selecting this option.
    After any State proposals received are reviewed and analyzed, the 
Service will approve extended closing dates in those States where the 
Service finds adequate evidence that increased harvest levels will be 
offset by proposed reductions in season length. These decisions will be 
announced when the Service publishes the final regulatory alternatives 
for the 1998-99 duck hunting seasons in mid-July.
    Therefore, States requesting the extension in the closing date are 
to provide the Service (by June 15, 1998) the scientific analysis 
necessary to determine the nature of a commensurate reduction in season 
length. The response variable of primary interest is seasonal harvest 
or harvest rate (proportion of the duck population killed by hunters) 
of mallards, but effects on other important species (e.g., wood ducks) 
should be documented as well. Although a well-designed experiment of 
framework extensions has never been conducted, there is some 
information related to this issue as a result of a closing date of 
January 31 during 1979-84 in the State of Mississippi. Therefore, it 
will be necessary to conduct a retrospective analysis, in which changes 
in harvest between years with and without the framework extension are 
determined, both in Mississippi and in neighboring States.
    The Service acknowledges that there may be more than one legitimate 
method for conducting this analysis. In particular, the estimated 
effect of a January 31 framework extension depends in part on the 
specification of study ``controls'' (i.e., the selection of years 
without framework extensions and the neighboring States for comparison 
with the years of framework extensions in Mississippi). Therefore, 
supporting rationale for these selections should accompany any 
analysis. In its report to Congress (January 1998), the Service 
suggested that mallard harvest could be expected to increase by 33%, 
but this estimate has a relatively large margin of error. Thus, the 
Service is interested in any analysis that might improve either the 
precision or accuracy of this estimate. Also, it should be noted that 
there is not necessarily a one-to-one relationship between the expected 
proportional increase in harvest and the proportional decrease in 
season length needed to offset the harvest increase. This assessment 
will require an examination of the relationship between season length 
and cumulative harvest, using information from Federal or State harvest 
surveys.
    If a framework extension is ultimately permitted, all States 
selecting seasons extending beyond the traditional closing date would 
have the same closing date and proportional reduction in season length. 
The later closing date would be available only for the years in which 
the moderate or liberal alternative is selected by the Service. Any 
State choosing the option of a later closing date must maintain that 
closing date and the appropriate season-length reduction for a five-
year period beginning in the 1998-99 season, unless the Service 
determines that this option has negative impacts on the resource or 
distribution of the harvest, or something other than the moderate or 
liberal regulatory alternative is chosen. During the five-year period, 
the Service and affected States will annually examine harvest and other 
monitoring information to determine if adjustments in the season length 
or framework date are necessary to ensure no increase in, or change in 
distribution of, the harvest. Should information suggest that the 
health of duck populations or harvest distribution has been affected by 
the proposed extension, the Service will consider withdrawing the 
option of a January 31 closing date.
    The Service acknowledges the recent expressions of intent by the 
Flyways to retain the current framework dates, thus helping to maintain 
traditional distributions of hunting opportunities within and among 
Flyways. The Service also recognizes that any future consideration of 
framework extensions, beyond what has been proposed here, will likely 
require a comprehensive review of the distribution of hunting 
opportunity and harvest within and among Flyways. This review will be 
extremely difficult and will represent a significant resource 
commitment on the part of the Service and the Flyways. In light of 
these considerations, it is the Service's desire to not entertain 
additional changes to the opening and closing framework dates until the 
regulatory packages are reviewed for modification at some future date.

F. Zones and Split Seasons

    Written Comments: The Ohio Division of Wildlife requested 
elimination of the Pymatuning Waterfowl Hunting Zone in Ohio and 
incorporation of the affected area into the North Zone beginning in the 
1998-99 season.
    Service Response: In the past, hunting seasons in that portion of 
Ohio had to be the same as those selected by Pennsylvania for that 
portion of Pennsylvania. Beginning this year, the Pymatuning Area will 
no longer be included in the Federal waterfowl hunting frameworks as a 
separate area, and will be considered part of Ohio's North Zone.

G. Special Seasons/Species Management

iii. September Teal Seasons
    Council Recommendations: The Atlantic Flyway Council recommended 
the establishment of an experimental September teal season option in 
the Atlantic Flyway. States deriving more than 80 percent of their teal 
harvest from mid-continent populations (Delaware, Georgia, Florida, 
Maryland, North Carolina, Pennsylvania, South Carolina, Virginia, and 
West Virginia) could hold a 9-day season between September 1 and 30 
with a daily bag limit of 4 teal.
    The Central Flyway Council recommended an experimental September 
teal season harvest strategy in the nonproduction States of the Central 
Flyway based on the May breeding population index (BPI) of blue-winged 
teal. When the BPI of blue-winged teal is 4.7 million or greater, the 
Council's recommended harvest strategy would consist of an additional 7 
days of hunting (for a total of 16 days). When the BPI of blue-winged 
teal is below 4.7 million but remains at or above 3.3 million, the 
Council's recommended harvest strategy would maintain the

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current 9-day season. When the BPI of blue-winged teal is below 3.3 
million, the Council's recommended harvest strategy would consider 
closure of September teal seasons.
iv. September Teal/Wood Duck Seasons
    Council Recommendations: The Atlantic Flyway Council recommended 
the continuation of the Florida September wood duck/teal season on an 
operational basis.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended that the experimental September teal/wood duck 
seasons in Kentucky and Tennessee be continued in 1998 with no changes 
from the 1997 season. The Lower-Region Regulations Committee further 
recommended that if such seasons are suspended, all non-production 
States should be permitted to take up to 5 days of the regular season 
in September.
v. Youth Hunt
    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended that a special one-day youth 
waterfowl season include the harvesting of geese.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended that a special 2-day youth waterfowl season include 
the harvesting of geese.
    The Central Flyway Council recommended expansion of the special 
youth waterfowl hunt to 2 consecutive days with a legal bag that 
includes geese.
    The Pacific Flyway Council recommended continuation of the one-day 
youth hunt that allows States to select outside the general season and 
frameworks. The Council further recommended the addition of 1 goose to 
the bag limit.

2. Sea Ducks

    Council Recommendations: The Atlantic Flyway Council recommended 
that the Service clarify regulatory language concerning bag limits for 
sea ducks so that bag limits for sea ducks during the regular season 
cannot exceed bag limits for sea ducks established in the special sea 
duck season, whether inside or outside the special sea duck area.

4. Canada Geese

A. Special Seasons

    Council Recommendations: The Atlantic Flyway Council recommended 
that the closing date of the September goose season around Montezuma 
National Wildlife Refuge be extended from September 15 to 25.
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council recommended that the status of the special late Canada goose 
season in the Southern Michigan Goose Management Unit in Michigan be 
changed from experimental to non-experimental.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended that the Service reevaluate criteria for special 
Canada goose seasons (early and late), particularly as they relate to 
the cumulative harvest of migrant Canada geese from populations of 
special concern, to insure that the criteria are consistent with 
management efforts to increase and/or maintain migrant populations of 
special concern to/at planned objective levels.
    The Pacific Flyway Council recommended the 1998 September season 
for the Pacific Population Canada geese remain unchanged from the 1997 
season, with the exception of increase the number of regulated permits 
from 100 to 400 in Humboldt County, California.

B. Regular Seasons

    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended that the 1998 regular goose 
season opening date be as early as September 26 in Michigan's Upper 
Peninsula and September 19 in Wisconsin.

7. Snow and Ross's (Light) Geese

    Council Recommendations: The Atlantic Flyway Council recommended 
extension of the shooting hours to one-half hour after sunset at times 
when other waterfowl season are closed within an area.
    The Central Flyway Council recommended the following regulation 
changes for light-goose hunting in the Central Flyway for 1998 and 
beyond:

    For the 1998-99 regular season, no bag or possession limits and 
unlimited zones and splits in the season.
    During the 1998-99 season, the establishment of a special 
``conservation hunt'' consisting of no bag and possession limits; 
legalized electronic callers, baiting, unplugged shotguns, live 
decoys and rallying/hazing; elimination of tagging requirements; and 
the extension of shooting hours until one-half hour after sunset. 
``Conservation Hunt'' provisions would only be implemented in those 
areas and time periods in which other firearms waterfowl season are 
closed, including split season portions of the regular waterfowl 
seasons.
    Beginning with the 1999-2000 season, the Council recommends 
allowing ``conservation hunts'' during other open waterfowl seasons.

9. Sandhill Cranes

    Council Recommendations: The Central and Pacific Flyway Councils 
recommended that the Rocky Mountain Population (RMP) greater sandhill 
crane hunt in Wyoming's Area 6 (Park and Bighorn Counties) become 
operational in 1998. The Councils further recommended that the third 
year of monitoring and data collection for the experimental hunt be 
waived.

16. Mourning Doves

    Written Comments: The Louisiana Department of Wildlife and 
Fisheries requested an extension of the framework closing date from 
January 15 to January 20.

18. Alaska

    Council Recommendations: The Pacific Flyway Council recommended an 
increase in Alaska's Canada goose daily bag and possession limit from 1 
and 2 to 3 and 6, respectively, within overall dark goose bag and 
possession limits of 4 and 8 in Alaska Game Management Subunit (GMU) 
9(E) (Alaska Peninsula) and Unit 18 (Y-K Delta).
    The Pacific Flyway Council recommended an archery-only Canada goose 
hunt on Middleton Island, Alaska (GMU 6); by registration permit only, 
with no more than 10 permits; mandatory goose identification class, 
check-in, and check-out; season dates of September 28 to December 16; 
bag and possession limit of 1; season to close if incidental harvest 
includes 5 dusky Canada geese.

Public Comment Invited

    The Service intends that adopted final rules be as responsive as 
possible to all concerned interests, and therefore desires to obtain 
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

[[Page 29522]]

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

    The policy of the Department of the Interior, whenever practical, 
affords 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. The public may inspect 
comments during normal business hours at the Service's office in room 
634, Arlington Square Building, 4401 N. Fairfax Drive, Arlington, 
Virginia. The Service will consider all relevant comments received. 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. 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, 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. 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. The final 
frameworks will reflect any modifications. The Service's biological 
opinions resulting from its consultation under Section 7 are public 
documents and will be 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 20, 1998, the Service reported 
measures it had undertaken to comply with requirements of the 
Regulatory Flexibility Act and the Executive Order. These included 
preparing a Small Entity Flexibility Analysis (Analysis) in 1996 to 
document 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. The Service is currently updating 
the 1996 Analysis with information from the 1996 National Hunting and 
Fishing Survey.
    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.

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 1998-99 
hunting season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742 
a-j.

    Dated: May 21, 1998.
Donald J. Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.

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