[Federal Register Volume 63, Number 189 (Wednesday, September 30, 1998)]
[Rules and Regulations]
[Pages 52322-52346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25988]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for 
Certain Migratory Game Birds; Final Rule

  Federal Register / Vol. 63, No. 189 / Wednesday, September 30, 1998 / 
Rules and Regulations  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR PART 20

RIN 1018-AE93


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 the taking of designated species 
during the 1998-99 season.

DATES: This rule takes effect on October 1, 1998.

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: Robert J. Blohm, Acting 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) 358-1838.

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 birds, designated as ``migratory game birds'' in conventions 
between the United States and several foreign nations for their 
protection and management, under Secs. 20.101 through 20.107, 20.109, 
and 20.110 of subpart K. 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 May 29, 1998, the Service published in the Federal Register (63 
FR 29518) a second document providing supplemental proposals for early-
and late-season migratory bird hunting regulations frameworks and the 
proposed regulatory alternatives for the 1998-99 duck hunting season. 
The May 29 supplement also provided detailed information on the 1998-99 
regulatory schedule and announced the Service Migratory Bird 
Regulations Committee and Flyway Council meetings.
    On June 25, 1998, the Service held a public hearing in Washington, 
DC, as announced in the March 20 and May 29 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 17, 1998, the Service published in the Federal 
Register (63 FR 38700) a third document specifically dealing with 
proposed early-season frameworks for the 1998-99 season. The July 17 
supplement also established the final regulatory alternatives for the 
1998-99 duck hunting season for all States except Alabama, Arkansas, 
Kentucky, Louisiana, Mississippi, and Tennessee. On August 5, 1998, the 
Service published in the Federal Register (63 FR 41926) a fourth 
document dealing specifically with the final regulatory alternatives 
for the 1998-99 duck hunting season for the States of Alabama, 
Arkansas, Kentucky, Louisiana, Mississippi, and Tennessee.
    On August 6, 1998, the Service held a public hearing in Washington, 
DC, as announced in the March 20, May 29, and July 17 Federal Register, 
to review the status of waterfowl. Proposed hunting regulations were 
discussed for late seasons. On August 25, 1998, the Service published a 
fifth document (63 FR 45350) which dealt specifically with proposed 
frameworks for the 1998-99 late-season migratory bird hunting 
regulations.
    On August 28, 1998, the Service published a sixth document (63 FR 
46124) 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 for the 1998-99 season. A 
seventh document published in the August 31, 1998, Federal Register (63 
FR 46336) amended subpart K of title 50 CFR part 20 to set hunting 
seasons, hours, areas, and limits for early seasons.
    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 1998-99 in an eighth document in the September 29, 1998, 
Federal Register. The final rule described here is the ninth and final 
in the series of proposed, supplemental, and final rulemaking documents 
for migratory game bird hunting regulations for 1998-99 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 Considerations

    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 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 cause 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

    In the March 20, 1998, Federal Register, the Service reported 
measures it took to comply with requirements of the Regulatory 
Flexibility Act. One measure was to update the 1996 Small Entity 
Flexibility Analysis (Analysis) documenting the significant beneficial 
economic effect on a substantial number of small entities. The 1996 
Analysis estimated that migratory bird hunters would spend between $254 
and $592 million at small businesses. The Service has updated the 1996 
Analysis with information from the 1996 National Hunting and Fishing 
Survey. Nationwide, the Service now estimates

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that migratory bird hunters will spend between $429 and $1,084 million 
at small businesses in 1998. Copies of the 1998 Analysis are available 
upon request from the Office of Migratory Bird Management.

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.
    E.O. 12866 requires each agency to write regulations that are easy 
to understand. The Service invites comments on how to make this rule 
easier to understand, including answers to questions such as the 
following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to understand if it were divided 
into more (but shorter) sections? (5) Is the description of the rule in 
the ``Supplementary Information'' section of the preamble helpful in 
understanding the rule? What else could the Service do to make the rule 
easier to understand?
    Send a copy of any comments that concern how this rule could be 
made easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW, Washington, DC 20240. 
Comments may also be e-mailed to: E[email protected].

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.

Paperwork Reduction Act

    The Service examined these regulations under the Paperwork 
Reduction Act of 1995. The various recordkeeping and reporting 
requirements imposed under regulations established in 50 CFR part 20, 
Subpart K, are utilized in the formulation of 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 (expires 
09/30/2001). 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. The 
Service may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.

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.

Takings Implication Assessment

    In accordance with Executive Order 12630, these rules, authorized 
by the Migratory Bird Treaty Act, do not have significant takings 
implications and do not affect any constitutionally protected property 
rights. These rules will not result in the physical occupancy of 
property, the physical invasion of property, or the regulatory taking 
of any property. In fact, these rules allow hunters to exercise 
privileges that would be otherwise unavailable; and, therefore, reduce 
restrictions on the use of private and public property.

Federalism Effects

    Due to the migratory nature of certain species of birds, the 
Federal government has been given responsibility over these species by 
the Migratory Bird Treaty Act. The Service annually prescribes 
frameworks from which the States make selections and employs guidelines 
to establish special regulations on Federal Indian reservations and 
ceded lands. This process preserves the ability of the States and 
Tribes to determine which seasons meet their individual needs. Any 
State or Tribe may be more restrictive than the Federal frameworks at 
any time. The frameworks are developed in a cooperative process with 
the States and the Flyway Councils. This allows States to participate 
in the development of frameworks from which they will make selections, 
thereby having an influence on their own regulation. These rules do not 
have a substantial direct effect on fiscal capacity, change the roles 
or responsibilities of Federal or State governments, or intrude on 
State policy or administration. Therefore, in accordance with Executive 
Order 12612, these regulations do not have significant federalism 
effects and do not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American tribal 
Governments'' (59 FR 22951) and 512 DM 2, we have evaluated possible 
effects on Federally recognized Indian tribes and have determined that 
there are no effects.

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 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 would have 
insufficient time to select season dates and limits; to communicate 
those selections to the Service; and to establish and publicize the 
necessary regulations and procedures to implement their decisions.
    Therefore, the Service, under authority of the Migratory Bird 
Treaty Act (July 3, 1918), as amended, (16 U.S.C. 703-711), prescribes 
final frameworks setting forth the species to be hunted, the daily bag 
and possession limits, the shooting hours, the season lengths, the 
earliest opening and latest closing season dates, and hunting areas, 
from which State conservation agency officials will select hunting 
season dates and other options. Upon receipt of season and option 
selections from these officials, the Service will publish in the 
Federal Register a final rulemaking amending 50 CFR part 20 to reflect 
seasons, limits, and shooting hours for the conterminous United States 
for the 1998-99 season.
    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 alternatives

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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.

List of Subjects in 50 CFR Part 20

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

    Dated: September 18, 1998.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.

PART 20--[AMENDED]

    For the reasons set out in the preamble, the Service amends title 
50, chapter I, subchapter B, part 20, subpart K 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. 98-25988 Filed 9-29-98; 8:45 am]
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