50746 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Rules and Regulations

4310–55

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018–AC79

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 will permit taking of designated

species during the 1995–96 season.

EFFECTIVE DATE: September 29, 1995.

ADDRESSES: Comments received will be

available for public inspection 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 1995

On March 24, 1995, the Service

published for public comment in the

Federal Register (60 FR 15642) a

proposal to amend 50 CFR part 20, with

comment periods ending July 21 for

early-season proposals and September 4

for late-season proposals. Due to some

unforeseen and uncontrollable

publishing delays in the proposed earlyand late-season regulations frameworks,

the Service extended the public

comment period to July 31 for early

seasons and September 7 for late

seasons. These regulations would be

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). These species are

designated as ‘‘migratory game birds’’ in

conventions between the United States

and several foreign nations for the

protection and management of these

birds. 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 16, 1995, the Service published for

public comment a second document (60

FR 31890) which provided

supplemental proposals for early- and

late-season migratory bird hunting

regulations frameworks. On June 22,

1995, a public hearing was held in

Washington, DC, as announced in the

March 24 and June 16 Federal Registers,

to review the status of migratory shore

and upland game birds. Proposed

hunting regulations were discussed for

these species and for other early

seasons. On July 21, 1995, the Service

published in the Federal Register (60

FR 37754) a third document in the

series of proposed, supplemental, and

final rulemaking documents which dealt

specifically with proposed early-season

frameworks for the 1995–96 season. On

August 3, 1995, a public hearing was

held in Washington, DC, as announced

in the March 24, June 16, and July 21

Federal Registers, to review the status

of waterfowl. Proposed hunting

regulations were discussed for these late

seasons. On August 28, 1995, the

Service published a fourth document

(60 FR 44463) which dealt specifically

with proposed frameworks for the 1995–

96 late-season migratory bird hunting

regulations. The fifth document in the

series, published August 29, 1995 (60

FR 45020), 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 for 1995–96. On August 31,

1995, the Service published in the

Federal Register (60 FR 45628) 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. On

September 27, 1995, the Service

published a seventh document in the

Federal Register consisting of 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 1995-

96. The final rule described here is the

eighth in a series of proposed,

supplemental, and final rulemaking

documents for migratory game bird

hunting regulations 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 were

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.

Notice of Availability was published in

the Federal Register on June 16, 1988

(53 FR 22582). The Service’s Record of

Decision was published on August 18,

1988 (53 FR 31341). However, this

programmatic document does not

prescribe year-specific regulations;

those are developed annually. The

annual regulations and options are

being considered in the Environmental

Assessment, ‘‘Waterfowl Hunting

Regulations for 1995,’’ which is

available upon request.

Endangered Species Act Consideration

In August 1995, the Division of

Endangered Species concluded that the

action is not likely to jeopardize the

continued existence of listed species or

result in the destruction or adverse

modification of their critical habitats.

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 and

their habitats. The Service’s biological

opinions resulting from its consultation

under section 7 are considered public

documents and are available for

inspection in the Division of

Endangered Species and the Office of

Migratory Bird Management.

Regulatory Flexibility Act; Executive

Order (E.O.) 12866 and the Paperwork

Reduction Act

In the Federal Register dated March

24, 1995 (60 FR 15642), the Service

reported measures it had undertaken to

comply with requirements of the

Regulatory Flexibility Act and the

Executive Order. These included

preparing an Analysis of Regulatory

Effects and an updated Final Regulatory

Impact Analysis (FRIA), and publication

of a summary of the latter. Although a

FRIA is no longer required, the

economic analysis contained in the

FRIA was reviewed and the Service

determined that it met the requirements

of E.O. 12866. In addition, the Service

prepared a Small Entity Flexibility

Analysis, under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq),

which further document the significant

beneficial economic effect on a

substantial number of small entities.
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Rules and Regulations 50747

This rule was reviewed under E.O.

12866.

These regulations contain no

information collections subject to OMB

review under the Paperwork Reduction

Act of 1980 (44 U.S.C. 3501 et seq.).

However, the Service does utilize

information acquired through other

various information collections in the

formulation of migratory game bird

hunting regulations. These information

collection requirements have been

approved by OMB and assigned

clearance numbers 1018–0005, 1018–

0006, 1018–0008, 1018–0009, 1018–

0010, 1018–0015, 1018–0019, and 1018–

0023.

Authorship

The primary author is Ron W. Kokel,

Office of Migratory Bird Management.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting

and recordkeeping requirements,

Transportation, Wildlife.

Dated: September 26, 1995.

George T. Frampton, Jr.,

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 is amended as

follows:

1. The authority citation for part 20 is

revised to read as follows:

AUTHORITY: 16 U.S.C. 703-711; 16 U.S.C.

712; and 16 U.S.C. 742 a—j.

BILLING CODE 4310–55–F