46152 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations

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.

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 §§ 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.
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46153

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.

BILLING CODE 4310–55–F
46154 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46155
46156 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46157
46158 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46159
46160 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46161
46162 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46163
46164 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46165
46166 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46167
46168 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46169

BILLING CODE 4310–55–C

[FR Doc. 97–23017 Filed 8–28–97; 8:45 am]