58314 Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Rules and Regulations

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018–AG08

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 2000–01 season.

DATES: This rule is effective on

September 29, 2000.

FOR FURTHER INFORMATION CONTACT:

Jonathan Andrew, Chief, or Ron W.

Kokel, Division of Migratory Bird

Management, U.S. Fish and Wildlife

Service, (703) 358–1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 2000

On April 25, 2000, we published in

the Federal Register (65 FR 24260) 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 20, 2000, we

published in the Federal Register (65

FR 38400) a second document providing

supplemental proposals for early- and

late-season migratory bird hunting

regulations frameworks and the

proposed regulatory alternatives for the

2000–01 duck hunting season. The June

20 supplement also provided detailed

information on the 2000–01 regulatory

schedule and announced the Service

Migratory Bird Regulations Committee

and Flyway Council meetings.

On June 21–22, we held meetings that

reviewed information on the current

status of migratory shore and upland

game birds and developed 2000–01

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, we reviewed and discussed

preliminary information on the status of

waterfowl as it relates to the

development and selection of the

regulatory packages for the 2000–01

regular waterfowl seasons. On July 31,

we published in the Federal Register

(65 FR 46840) a third document

specifically dealing with the proposed

frameworks for early-season regulations

and final regulatory alternatives for the

2000–01 duck hunting season.

On August 2–3, 2000, we held a

public meeting in Washington, DC, as

announced in the April 25, and June 20

Federal Register, to review the status of

waterfowl. Proposed hunting

regulations were discussed for late

seasons. We published proposed

frameworks for the 2000–01 late-season

migratory bird hunting regulations on

August 22, 2000, in the Federal Register

(65 FR 51174). On August 23, 2000, we

published a fifth document in the

Federal Register (65 FR 51496) which

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 earlyseason hunting dates, hours, areas, and

limits. On September 1, 2000, we

published in the Federal Register (65

FR 53492) a sixth 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. We 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 2000–

01 in a seventh document in the

September 27, 2000, Federal Register.

The final rule described here is the

eighth and final in the series of

proposed, supplemental, and final

rulemaking documents for migratory

game bird hunting regulations for 2000–

01 and deals specifically with amending

subpart K of 50 CFR part 20. It sets

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 the Environmental

Protection Agency on June 9, 1988. We

published a Notice of Availability in the

Federal Register on June 16, 1988 (53

FR 22582). We published our Record of

Decision on August 18, 1988 (53 FR

31341). Copies are available from the

address indicated under the caption

ADDRESSES.

Endangered Species Act Consideration

Section 7 of the Endangered Species

Act, as amended (16 U.S.C. 1531–1543;

87 Stat. 884), provides that, ‘‘The

Secretary shall review other programs

administered by him and utilize such

programs in furtherance of the purposes

of this Act’’ (and) shall ‘‘insure that any

action authorized, funded or carried out

* * * is not likely to jeopardize the

continued existence of any endangered

species or threatened species or result in

the destruction or adverse modification

of [critical] habitat * * *’’

Consequently, we conducted formal

consultations to ensure that actions

resulting from these regulations would

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 concluded that

the regulations are not likely to

adversely affect any endangered or

threatened species. Additionally, these

findings may have caused modification

of some regulatory measures previously

proposed and the final frameworks

reflect any such modifications. Our

biological opinions resulting from its

Section 7 consultation are public

documents available for public

inspection in the Service’s Division of

Endangered Species and DMBM, at the

address indicated under the caption

ADDRESSES.

Executive Order (E.O.) 12866

This rule was reviewed by the Office

of Management and Budget (OMB). The

migratory bird hunting regulations are

economically significant and are

annually reviewed by OMB under E.O.

12866. As such, we analyzed the

economic impacts of the annual hunting

regulations in a cost-benefit analysis

prepared in 1998. The primary source of

information about hunter expenditures

for migratory game bird hunting is the

National Hunting and Fishing Survey,

which is conducted at 5-year intervals.

The 1998 analysis was based on the

1996 National Hunting and Fishing

Survey and the U.S. Department of

Commerce’s County Business Patterns,

from which it was estimated that

migratory bird hunters would spend

between $429 million and $1,084

million at small businesses in 1998.

Copies of the analysis are available

upon request from the address indicated

under the caption ADDRESSES.

Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Rules and Regulations 58315

Regulatory Flexibility Act

These regulations have a significant

economic impact on substantial

numbers of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). In the analysis described above,

we analyzed the economic impacts of

the annual hunting regulations on small

business entities in detail and issued a

Small Entity Flexibility Analysis. The

analysis documented the significant

beneficial economic effect on a

substantial number of small entities.

Small Business Regulatory Enforcement

Fairness Act

This rule is a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

For the reasons outlined above, this rule

has an annual effect on the economy of

$100 million or more. However, because

this rule establishes hunting seasons, we

do not plan to defer the effective date

under the exemption contained in 5

U.S.C. 808(1).

Paperwork Reduction Act

We examined these regulations under

the Paperwork Reduction Act of 1995.

We utilize the various recordkeeping

and reporting requirements imposed

under regulations established in 50 CFR

part 20, Subpart K, in the formulation of

migratory game bird hunting

regulations. Specifically, OMB has

approved the information collection

requirements of the Migratory Bird

Harvest Information Program and

assigned clearance number 1018–0015

(expires 9/30/2001). This information is

used to provide a sampling frame for

voluntary national surveys to improve

our harvest estimates for all migratory

game birds in order to better manage

these populations. A Federal agency

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

We have determined and certify, in

compliance with the requirements of the

Unfunded Mandates Reform Act, 2

U.S.C. 1502 et seq., that this rulemaking

will not ‘‘significantly or uniquely’’

affect small governments, and will not

produce a Federal mandate of $100

million or more in any given year on

local or State government or private

entities. Therefore, this rule is not a

‘‘significant regulatory action’’ under

the Unfunded Mandates Reform Act.

Civil Justice Reform-Executive Order

12988

The Department, in promulgating this

rule, has determined that this rule will

not unduly burden the judicial system

and meets the requirements of sections

3(a) and 3(b)(2) of Executive Order

12988.

Takings Implication Assessment

In accordance with Executive Order

12630, this rule, authorized by the

Migratory Bird Treaty Act, does not

have significant takings implications

and does not affect any constitutionally

protected property rights. This rule will

not result in the physical occupancy of

property, the physical invasion of

property, or the regulatory taking of any

property. In fact, this rule will allow

hunters to exercise otherwise

unavailable privileges, and, therefore,

reduces 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. We annually

prescribe frameworks from which the

States make selections and employ

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

regulations. 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 13132,

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, we intend that the public be

given the greatest possible opportunity

to comment on the regulations. Thus,

when the preliminary proposed

rulemaking was published, we

established what we believed were the

longest periods possible for public

comment. In doing this, we recognized

that, when the comment period closed,

time would be of the essence. That is,

if a delay in the effective date of these

regulations occurred after this final

rulemaking, the States would have

insufficient time to implement their

selected season dates and limits and

start their seasons in a timely manner.

We therefore find that ‘‘good cause’’

exists, within the terms of 5 U.S.C.

553(d)(3) of the Administrative

Procedure Act, and these regulations

will take effect immediately upon

publication. Accordingly, with each

State conservation agency having had an

opportunity to participate in selecting

its desired the hunting seasons 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 21, 2000.

Kenneth L. Smith,

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

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. 00–24910 Filed 9–27–00; 8:45 am]

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