`[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Rules and Regulations]
[Pages 50746-50747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-10929]




[[Page 50745]]

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Part XI





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. 60, No. 189 / Friday, September 29, 1995 / 
Rules and Regulations   

[[Page 50746]]


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.

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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 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 early- and 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 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 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. 

[[Page 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`