32264 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations

(iii) You may not possess, sell,

deliver, carry, transport, ship, import, or

export by any means whatsoever any of

the identified 17 mollusks, or parts

thereof, that are taken or possessed in

violation of these regulations or in

violation of the applicable State fish and

wildlife laws or regulations or the Act.

(iv) You may not attempt to commit,

solicit another to commit, or cause to be

committed any offense defined in this

paragraph (a).

(3) What take is allowed in the NEP

Area?

(i) Take of these species that is

accidental and incidental to an

otherwise lawful activity such as

fishing, boating, commercial navigation,

trapping, wading, or mussel harvesting,

is allowed.

(ii) Any individual collecting or

harvesting mussels must check their

collection prior to leaving the

immediate area and return any NEP

mussels to the site where they were

obtained.

(4) How will the effectiveness of these

reintroductions be monitored?

We will prepare periodic progress

reports and fully evaluate these

reintroduction efforts after 5 and 10

years to determine whether to continue

or terminate the reintroduction efforts.

Dated: May 31, 2001.

Marshall P. Jones, Jr.

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 01–14878 Filed 6–13–01; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 20 and 21

RIN 1018–AI00

Migratory Bird Hunting; Regulations

Designed to Reduce the Mid-Continent

Light Goose Population

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: This rule is intended to notify

the public of a clarification of the

expiration date of regulations imposed

by Congress to reduce the population of

mid-continent light geese (MCLG). In

this rule we clarify the expiration date

of special regulations pertaining to

hunting methods (electronic calls and

unplugged shotguns) for taking midcontinent light geese. We also clarify the

expiration date of the conservation

order for the reduction of the midcontinent light goose population.

DATES: This rule takes effect

immediately upon publication on June

14, 2001.

ADDRESSES: Copies of the

Environmental Assessment are available

by writing to the Chief, Division of

Migratory Bird Management, U.S. Fish

and Wildlife Service, Dept. of the

Interior, ms 634—ARLSQ, 1849 C Street

NW., Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Jon

Andrew, Chief, Division of Migratory

Bird Management, Dept. of the Interior,

ms 634—ARLSQ, 1849 C Street, NW.,

Washington, DC 20240. (703) 358–1714.

SUPPLEMENTARY INFORMATION: The

Service (or ‘‘we’’) promulgated

regulations on February 16, 1999, (64 FR

7507; 64 FR 7517) that authorized

additional methods of take of MCLG and

established a conservation order for the

reduction of the MCLG population. In

issuing those regulations, we indicated

that we would initiate preparation of an

Environmental Impact Statement (EIS)

on light goose management beginning in

2000. The light goose regulations were

subsequently challenged in a United

States District Court by several groups.

Though the judge refused to

preliminarily enjoin the program, he did

indicate a likelihood that the plaintiffs

might prevail on the EIS issue when the

lawsuit proceeded. In light of our earlier

commitment to prepare an EIS on light

goose management and to preclude

further litigation on the issue, we

published a Notice of Intent to begin

immediate preparation of the EIS on

May 13, 1999 (64 FR 26268).

Subsequent to this action, on June 17,

1999, we withdrew the regulations

promulgated on February 16, 1999 (64

FR 32778). On November 10, 1999,

Congress passed the Arctic Tundra

Habitat Emergency Conservation Act

(Act), which effectively reinstated the

MCLG regulations that we withdrew on

June 17, 1999. On December 20, 1999

(64 FR 71236) we published a final rule

that reinstated the MCLG regulations in

the CFR and stipulated that such

regulations would remain in effect until

May 15, 2001 at the latest. However, this

stipulation is contrary to the expiration

date that Congress mandated in the Act.

Background

Lesser snow (Anser caerulescens

caerulescens) and Ross’ (Anser rossii)

geese that primarily migrate through the

Mississippi and Central Flyways are

collectively referred to as mid-continent

light geese (MCLG). MCLG breed in the

central and eastern arctic and subarctic

regions of northern Canada. The total

MCLG population is experiencing a high

population growth rate and has become

seriously injurious to its Arctic and subArctic breeding grounds through the

feeding actions of geese. Our

management goal is to reduce the MCLG

population by 50% by the year 2005 in

order to prevent further habitat

degradation and impacts to other

species.

On February 16, 1999, we published

rules that: (1) authorized additional

methods of take of MCLG (electronic

calls and unplugged shotguns; 64 FR

7507); and (2) created a conservation

order for the reduction of the MCLG

population (64 FR 7517). These actions

were designed to reduce the population

of MCLG over a period of several years

in order to bring the population to a

level that their breeding habitat can

support. We prepared an Environmental

Assessment (EA) in support of this

program, which resulted in a Finding of

No Significant Impact.

On February 25, 1999, several groups

filed a complaint in the District Court

for the District of Columbia seeking an

injunction against these regulations. On

March 2, 1999, the plaintiffs filed a

motion for a preliminary injunction

against the two rules cited above. The

lawsuit alleged that we had

implemented the rules without adequate

scientific evidence that MCLG were

causing habitat destruction, that we did

not have the authority under the

Migratory Bird Treaty to allow take of

MCLG after March 10 (the latest date

allowable under the Treaty), and that an

EIS should have been prepared prior to

implementation of the rules. In his

memorandum opinion the judge

indicated that ‘‘the scientific evidence

regarding the overpopulation of snow

geese strongly favors FWS’’ and that we

had exercised a reasonable use of our

authority under the Migratory Bird

Treaty Act to initiate population control

measures. Although the judge refused to

issue an injunction, he did indicate a

likelihood that plaintiffs might succeed

on their argument that an EIS should

have been prepared. In order to avoid

further litigation, and because we had

earlier indicated we would begin

preparing in the year 2000 an EIS on the

larger, long-term program, we decided

to withdraw the regulations and begin

immediate preparation of the EIS. We

concluded the public scoping phase of

the EIS process on November 22, 1999.

We anticipate publication of a draft EIS

in the summer of 2001.

On November 10, 1999, Congress

passed the Arctic Tundra Habitat

Emergency Conservation Act (Pub. L.

106–108) to ‘‘reduce the population of

mid-continent light geese,’’ and ‘‘to

assure the long-term conservation of

mid-continent light geese and the

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations 32265

biological diversity of the ecosystem

upon which many North American

migratory birds depend’’. The Act

further states that,

the rules published by the Service on

February 16, 1999, relating to use of

additional hunting methods to increase the

harvest of mid-continent light geese (64 Fed.

Reg. 7507–7517) and the establishment of a

conservation order for the reduction of midcontinent light goose populations (64 Fed.

Reg. 7517–7528), shall have the force and

effect of law.

The Act instructed the Secretary of

the Interior, acting through the Director

of the Service, to take such action as is

necessary to appropriately notify the

public of the force and effect of the rules

referenced above. Furthermore, these

provisions of the Act are to apply until,

the latest [emphasis is ours] of

(A) The effective date of rules issued by the

Service after such date of the enactment to

control overabundant mid-continent light

geese populations;

(B) The date of publication of a final

environmental impact statement for such

rules under section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 U.S.C.

4332 (2)(C); and

(C) May 15, 2001.

We initiated preparation of an EIS on

light goose management on May 13,

1999 (64 FR 26268). Nine public

scoping meetings were held throughout

the country during September and

October, 1999 (64 FR 47332). We are

currently completing an internal review

of a draft EIS, and expect to release the

draft for public comment by June 2001.

However, we do not expect to publish

a final EIS until at least the fall of 2001.

Therefore, new rules that would

implement our proposed alternative for

controlling light goose populations will

not be developed until after the fall of

2001. Because the milestones in

paragraphs (A) and (B) will not be

reached prior to May 15, 2001,

paragraph (C) above is no longer

germane. During preparation of our

December 20, 1999 final rule (64 FR

71236), we mis-interpreted the language

in the Act pertaining to expiration dates

of light goose regulations and

incorrectly identified May 15, 2001 as

the latest of the milestones. In fact, May

15, 2001 is the earliest of the milestones,

and therefore cannot serve as the

expiration date of special light goose

regulations. We note that the House

Resources Committee report on the bill

and some of the floor debate on the

legislation identified May 15, 2001, as a

‘‘sunset’’. However, the law does not

establish a ‘‘sunset’’ date and provides

that ‘‘force and effect’’ will expire when

the last of the three triggers occurs.

Therefore, according to the Act, the light

goose regulations shall remain in effect

until the latest of paragraphs (A) and (B)

above. As we stated above, that is

expected to be some time after the fall

of 2001. Because in the December 20,

1999, final rule (64 FR 71236), we had

erroneously added an expiration date of

May 15, 2001, to the effective dates of

certain paragraphs in 50 CFR 20.21,

20.22, and 21.60, those paragraphs have

now expired. Through this rule, we are

adding those paragraphs back to the

CFR.

Effective Date

Under 5 U.S.C. 553(b)(3)(B) and 5

U.S.C. 553 (d)(3), we find good cause to

take this action without prior notice and

public procedure and to make this

action effective upon publication

because, for the following reasons,

notice and public procedure are

unnecessary and contrary to the public

interest. We are clarifying, in the nature

of a correction, the effective date of

rules that were reinstated as a result of

a directive contained in law. As we

noted in our December 20, 1999,

Federal Register notice (64 FR 71236),

the rules with regard to light geese were

in place previously and were adopted

after notice and opportunity for public

comment. Finally, the law imposing

these rules requires that they remain

effective as is provided herein.

Executive Order 13211

On May 18, 2001, the President issued

an Executive Order (E.O. 13211) on

regulations that significantly affect

energy supply, distribution, and use.

E.O. 13211 requires agencies to prepare

Statements of Energy Effects when

undertaking certain actions. As this rule

is not expected to significantly affect

energy supplies, distribution, or use,

this action is not a significant energy

action and no Statement of Energy

Effects is required.

Other Required Determinations

We published all of the required

determinations in the February 16,

1999, final rules (64 FR 7507; 64 FR

7517).

List of Subjects in 50 CFR Parts 20 and

21

Exports, Hunting, Imports, Reporting

and recordkeeping requirements,

Transportation, Wildlife.

For the reasons given in the preamble,

we hereby amend parts 20 and 21, of the

subchapter B, chapter I, title 50 of the

Code of Federal Regulations, as set forth

below:

PART 20—[AMENDED]

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; Pub. L. 106–108.

2. Add paragraphs (b) and (g) of

§ 20.21 to read as follows:

§ 20.21 What hunting methods are illegal?

* * * * *

(b) With a shotgun of any description

capable of holding more than three

shells, unless it is plugged with a onepiece filler, incapable of removal

without disassembling the gun, so its

total capacity does not exceed three

shells. This restriction does not apply

during a light-goose-only season (lesser

snow and Ross’ geese) when all other

waterfowl and crane hunting seasons,

excluding falconry, are closed while

hunting light geese in Central and

Mississippi Flyway portions of

Alabama, Arkansas, Colorado, Illinois,

Indiana, Iowa, Kansas, Kentucky,

Louisiana, Michigan, Minnesota,

Mississippi, Missouri, Montana,

Nebraska, New Mexico, North Dakota,

Ohio, Oklahoma, South Dakota,

Tennessee, Texas, Wisconsin, and

Wyoming.

* * * * *

(g) By the use or aid of recorded or

electrically amplified bird calls or

sounds, or recorded or electrically

amplified imitations of bird calls or

sounds. This restriction does not apply

during a light-goose-only season (lesser

snow and Ross’ geese) when all other

waterfowl and crane hunting seasons,

excluding falconry, are closed while

hunting light geese in Central and

Mississippi Flyway portions of

Alabama, Arkansas, Colorado, Illinois,

Indiana, Iowa, Kansas, Kentucky,

Louisiana, Michigan, Minnesota,

Mississippi, Missouri, Montana,

Nebraska, New Mexico, North Dakota,

Ohio, Oklahoma, South Dakota,

Tennessee, Texas, Wisconsin, and

Wyoming.

3. Revise § 20.22 to read as follows:

§ 20.22 Closed seasons.

No person shall take migratory game

birds during the closed season except as

provided in part 21.

PART 21—[AMENDED]

4. The authority citation for part 21

continues to read as follows:

Authority: Pub. L. 95–616, 92 Stat. 3112

(16 U.S.C. 712(2)); Pub. L. 106–108.

5. Subpart E, consisting of § 21.60, is

added to read as follows:

32266 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations

Subpart E—Control of Overabundant

Migratory Bird Populations

§ 21.60 Conservation Order for Midcontinent light geese.

(a) Which waterfowl species are

covered by this order?

This conservation order addresses

management of lesser snow (Anser c.

caerulescens) and Ross’ (Anser rossii)

geese that breed, migrate, and winter in

the mid-continent portion of North

America, primarily in the Central and

Mississippi Flyways (mid-continent

light geese).

(b) In what areas can the conservation

order be implemented? (1) The

following States, or portions of States,

that are contained within the

boundaries of the Central and

Mississippi Flyways: Alabama,

Arkansas, Colorado, Illinois, Indiana,

Iowa, Kansas, Kentucky, Louisiana,

Michigan, Minnesota, Mississippi,

Missouri, Montana, Nebraska, New

Mexico, North Dakota, Ohio, Oklahoma,

South Dakota, Tennessee, Texas,

Wisconsin, and Wyoming.

(2) Tribal lands within the geographic

boundaries in paragraph (b)(1) of this

section.

(3) The following areas within the

boundaries in paragraph (b)(1) of this

section are closed to the conservation

order after 10 March of each year: Monte

Vista National Wildlife Refuge (CO);

Bosque del Apache National Wildlife

Refuge (NM); the area within 5 miles of

the Platte River from Lexington,

Nebraska to Grand Island, Nebraska; the

following area in and around Aransas

National Wildlife Refuge; those portions

of Refugio, Calhoun, and Aransas

counties that lie inside a line extending

from 5 nautical miles offshore to and

including Pelican Island, thence to Port

O’Conner, thence northwest along State

Highway 185 and southwest along State

Highway 35 to Aransas Pass, thence

southeast along State Highway 361 to

Port Aransas, thence east along the

Corpus Christi Channel, thence

southeast along the Aransas Channel,

extending to 5 nautical miles offshore;

except that it is lawful to take midcontinent light geese after 10 March of

each year within the Guadalupe WMA.

If at any time we receive evidence that

a need to close the areas in this

paragraph (b)(3) no longer exists, we

will publish a proposal to remove the

closures in the Federal Register.

(c) What is required in order for State/

Tribal governments to participate in the

conservation order? Any State or Tribal

government responsible for the

management of wildlife and migratory

birds may, without permit, kill or cause

to be killed under its general

supervision, mid-continent light geese

under the following conditions:

(1) Activities conducted under this

section may not affect endangered or

threatened species as designated under

the Endangered Species Act.

(2) Control activities must be

conducted clearly as such and are

intended to relieve pressures on

migratory birds and habitat essential to

migratory bird populations only and are

not to be construed as opening, reopening, or extending any open hunting

season contrary to any regulations

promulgated under section 3 of the

Migratory Bird Treaty Act.

(3) Control activities may be

conducted only when all waterfowl and

crane hunting seasons, excluding

falconry, are closed.

(4) Control measures employed

through this section may be

implemented only between the hours of

one-half hour before sunrise to one-half

hour after sunset.

(5) Nothing in this section may limit

or initiate management actions on

Federal land without concurrence of the

Federal Agency with jurisdiction.

(6) States and Tribes must designate

participants who must operate under

the conditions of this section.

(7) States and Tribes must inform

participants of the requirements/

conditions of this section that apply.

(8) States and Tribes must keep

records of activities carried out under

the authority of this section, including

the number of mid-continent light geese

taken under this section, the methods by

which they were taken, and the dates

they were taken. The States and Tribes

must submit an annual report

summarizing activities conducted under

this section on or before August 30 of

each year, to the Chief, Division of

Migratory Bird Management, U.S. Fish

and Wildlife Service, ms 634—ARLSQ,

1849 C Street NW., Washington, DC

20240.

(d) What is required in order for

individuals to participate in the

conservation order? Individual

participants in State or tribal programs

covered by this section are required to

comply with the following

requirements:

(1) Nothing in this section authorizes

the take of mid-continent light geese

contrary to any State or Tribal laws or

regulations; and none of the privileges

granted under this section may be

exercised unless persons acting under

the authority of the conservation order

possesses whatever permit or other

authorization(s) required for such

activities by the State or Tribal

government concerned.

(2) Participants who take midcontinent light geese under this section

may not sell or offer for sale those birds

nor their plumage, but may possess,

transport, and otherwise properly use

them.

(3) Participants acting under the

authority of this section must permit at

all reasonable times, including during

actual operations, any Federal or State

game or deputy game agent, warden,

protector, or other game law

enforcement officer free and

unrestricted access over the premises on

which such operations have been or are

being conducted, and must promptly

furnish whatever information an officer

requires concerning the operation.

(4) Participants acting under the

authority of this section may take midcontinent light geese by any method

except those prohibited as follows:

(i) With a trap, snare, net, rifle, pistol,

swivel gun, shotgun larger than 10

gauge, punt gun, battery gun, machine

gun, fish hook, poison, drug, explosive,

or stupefying substance;

(ii) From or by means, aid, or use of

a sinkbox or any other type of low

floating device, having a depression

affording the person a means of

concealment beneath the surface of the

water;

(iii) From or by means, aid, or use of

any motor vehicle, motor-driven land

conveyance, or aircraft of any kind,

except that paraplegics and persons

missing one or both legs may take from

any stationary motor vehicle or

stationary motor-driven land

conveyance;

(iv) From or by means of any

motorboat or other craft having a motor

attached, or any sailboat, unless the

motor has been completely shut off and

the sails furled, and its progress

therefrom has ceased. A craft under

power may be used only to retrieve dead

or crippled birds; however, the craft

may not be used under power to shoot

any crippled birds;

(v) By the use or aid of live birds as

decoys; although not limited to, it shall

be a violation of this paragraph for any

person to take mid-continent light geese

on an area where tame or captive live

geese are present unless such birds are

and have been for a period of 10

consecutive days before the taking,

confined within an enclosure that

substantially reduces the audibility of

their calls and totally conceals the birds

from the sight of mid-continent light

geese;

(vi) By means or aid of any motordriven land, water, or air conveyance, or

any sailboat used for the purpose of or

resulting in the concentrating, driving,

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations 32267

rallying, or stirring up of mid-continent

light geese;

(vii) By the aid of baiting, or on or

over any baited area. As used in this

paragraph, ‘‘baiting’’ means the placing,

exposing, depositing, distributing, or

scattering of shelled, shucked, or

unshucked corn, wheat or other grain,

salt, or other feed so as to constitute for

such birds a lure, attraction or

enticement to, on, or over any areas

where hunters are attempting to take

them; and ‘‘baited area’’ means any area

where shelled, shucked, or unshucked

corn, wheat or other grain, salt, or other

feed capable of luring, attracting, or

enticing such birds is directly or

indirectly placed, exposed, deposited,

distributed, or scattered; and such area

shall remain a baited area for 10 days

following complete removal of all such

corn, wheat or other grain, salt, or other

feed. However, nothing in this

paragraph prohibits the taking of midcontinent light geese on or over standing

crops, flooded standing crops (including

aquatics), flooded harvested croplands,

grain crops properly shucked on the

field where grown, or grains found

scattered solely as the result of normal

agricultural planting or harvesting; or

(viii) Participants may not possess

shot (either in shotshells or as loose shot

for muzzleloading) other than steel shot,

or bismuth-tin, or other shots that are

authorized in 50 CFR 20.21(j). Season

limitations in that section do not apply

to participants acting under this order.

(e) Under what conditions would the

conservation order be revoked? The

Service will annually assess the overall

impact and effectiveness of the

conservation order to ensure

compatibility with long-term

conservation of this resource. If at any

time we receive that clearly

demonstrates a serious threat of injury

to the area or areas involved no longer

exists, we will initiate action to revoke

the conservation order.

(f) Will information concerning the

conservation order be collected? The

information collection requirements of

the conservation order have been

approved by OMB and assigned

clearance number 1018–0103. Agencies

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. The recordkeeping and

reporting requirements imposed under

regulations established in this subpart E

will be utilized to administer this

program, particularly in the assessment

of impacts alternative regulatory

strategies may have on mid-continent

light geese and other migratory bird

populations. The information collected

will be required to authorize State and

Tribal governments responsible for

migratory bird management to take midcontinent light geese within the

guidelines provided by the Service.

Dated: June 7, 2001.

Marshall P. Jones, Jr.,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 01–15019 Filed 6–13–01; 8:45 am]

BILLING CODE 4310–55–P