51298 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE14

Migratory Bird Hunting; Late Seasons

and Bag and Possession Limits for

Certain Migratory Game Birds

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

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 1997–98 season.

DATE: This rule takes effect on

September 30, 1997.

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 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. 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 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. 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 fourth

document specifically dealing with

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 and discuss

proposed hunting regulations for late

seasons. On August 20, 1997, the

Service published a fifth 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 earlyseason hunting dates, hours, areas, and

limits. On August 25, 1997, (62 FR

44229), the Service published a sixth

document containing proposed

frameworks for the 1997–98 late-season

migratory bird hunting regulations. On

August 29, 1997, the Service published

in the Federal Register (62 FR 46512) a

seventh 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.

The Service published final lateseason frameworks for migratory game

bird hunting regulations, from which

State wildlife conservation agency

officials selected late-season hunting

dates, hours, areas, and limits for 1997–

98 in an eighth document in the

September 26, 1997, 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 1997–

98 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

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
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51299

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.

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. The information collection

requirements of the Sandhill Crane

Harvest Questionnaire have been

approved by OMB and assigned

clearance number 1018–0023. 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.

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: September 23, 1997.

Donald J. Barry,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

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. 97–25796 Filed 9–29–97; 8:45 am]

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