51946 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

RIN 1018–AT76 

Migratory Bird Hunting; Early Seasons 

and Bag and Possession Limits for 

Certain Migratory Game Birds in the 

Contiguous United States, Alaska, 

Hawaii, Puerto Rico, and the Virgin 

Islands 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: This rule prescribes the 

hunting seasons, hours, areas, and daily 

bag and possession limits of mourning, 

white-winged, and white-tipped doves; 

band-tailed pigeons; rails; moorhens 

and gallinules; woodcock; common 

snipe; sandhill cranes; sea ducks; early 

(September) waterfowl seasons; 

migratory game birds in Alaska, Hawaii, 

Puerto Rico, and the Virgin Islands; and 

some extended falconry seasons. Taking 

of migratory birds is prohibited unless 

specifically provided for by annual 

regulations. This rule permits taking of 

designated species during the 2005–06 

season. 

DATES: This rule is effective on 

September 1, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Brian Millsap, Chief, or Ron W. Kokel, 

Division of Migratory Bird Management, 

U.S. Fish and Wildlife Service, (703) 

358–1714. 

SUPPLEMENTARY INFORMATION: 

Regulations Schedule for 2005 

On April 6, 2005, we published in the 

Federal Register (70 FR 17574) a 

proposal to amend 50 CFR part 20. The 

proposal provided a background and 

overview of the migratory bird hunting 

regulations process, and dealt with the 

establishment of seasons, limits, the 

proposed regulatory alternatives for the 

2005–06 duck hunting season, and other 

regulations for migratory game birds 

under §§ 20.101 through 20.107, 20.109, 

and 20.110 of subpart K. On June 24, 

2005, we published in the Federal 

Register (70 FR 36794) a second 

document providing supplemental 

proposals for early- and late-season 

migratory bird hunting regulations 

frameworks and the regulatory 

alternatives for the 2005–06 duck 

hunting season. The June 24 

supplement also provided detailed 

information on the 2005–06 regulatory 

schedule and announced the Service 

Migratory Bird Regulations Committee 

(SRC) and Flyway Council meetings. 

On June 22 and 23, we held open 

meetings with the Flyway Council 

Consultants at which the participants 

reviewed information on the current 

status of migratory shore and upland 

game birds and developed 

recommendations for the 2005–06 

regulations 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 2005–06 

regular waterfowl seasons. On August 1, 

we published in the Federal Register 

(70 FR 44200) a third document 

specifically dealing with the proposed 

frameworks for early-season regulations. 

On July 27–28, 2005, we held open 

meetings with the Flyway Council 

Consultants at which the participants 

reviewed the status of waterfowl and 

developed recommendations for the 

2005–06 regulations for these species. 

Proposed hunting regulations were 

discussed for late seasons. We 

published proposed frameworks for the 

2005–06 late-season migratory bird 

hunting regulations on August 22, 2005, 

in the Federal Register (70 FR 49068). 

On August 30, 2005, we published a 

fifth document in the Federal Register 

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 

early-season hunting dates, hours, areas, 

and limits. 

The final rule described here is the 

sixth in the 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. It sets hunting seasons, 

hours, areas, and limits for mourning, 

white-winged, and white-tipped doves; 

band-tailed pigeons; rails; moorhens 

and gallinules; woodcock; common 

snipe; sandhill cranes; sea ducks; early 

(September) waterfowl seasons; 

mourning doves in Hawaii; migratory 

game birds in Alaska, Puerto Rico, and 

the Virgin Islands; youth waterfowl 

hunting day; and some extended 

falconry seasons. 

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) and our Record of Decision 

on August 18, 1988 (53 FR 31341). 

Copies are available from the address 

indicated under ADDRESSES. 

Additionally, in a proposed rule 

published in the April 30, 2001, Federal 

Register (66 FR 21298), we expressed 

our intent to begin the process of 

developing a new EIS for the migratory 

bird hunting program. We plan to begin 

the public scoping process this year. 

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, which 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 this 

Section 7 consultation are public 

documents available for public 

inspection at the address indicated 

under ADDRESSES. 

Executive Order 12866 

The migratory bird hunting 

regulations are economically significant 

and were reviewed by the Office of 

Management and Budget (OMB) under 

Executive Order 12866. As such, a cost/ 

benefit analysis was initially prepared 

in 1981. This analysis was subsequently 

revised annually from 1990–96, updated 

in 1998 and updated again in 2004. It is 

further discussed below under the 

heading Regulatory Flexibility Act. 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51947 

Results from the 2004 analysis indicate 

that the expected welfare benefit of the 

annual migratory bird hunting 

frameworks is on the order of $734 to 

$1,064 million, with a mid-point 

estimate of $899 million. Copies of the 

cost/benefit analysis are available upon 

request from the address indicated 

under ADDRESSES or from our Web site 

at http://www.migratorybirds.gov. 

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.). We analyzed the economic 

impacts of the annual hunting 

regulations on small business entities in 

detail as part of the 1981 cost-benefit 

analysis discussed under Executive 

Order 12866. This analysis was revised 

annually from 1990–95. In 1995, the 

Service issued a Small Entity Flexibility 

Analysis (Analysis), which was 

subsequently updated in 1996, 1998, 

and 2004. 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 2004 Analysis was based on the 

2001 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 $481 million and $1.2 billion at 

small businesses in 2004. Copies of the 

Analysis are available upon request 

from the address indicated under 

ADDRESSES or from our Web site 

at http://www.migratorybirds.gov. 

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 

required by 5 U.S.C. 801 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. 

The various recordkeeping and 

reporting requirements imposed under 

regulations established in 50 CFR part 

20, Subpart K, are utilized in the 

formulation of migratory game bird 

hunting regulations. Specifically, OMB 

has approved the information collection 

requirements of the surveys associated 

with the Migratory Bird Harvest 

Information Program and assigned 

clearance number 1018–0015 (expires 2/ 

29/2008). 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. OMB has also approved 

the information collection requirements 

of the Sandhill Crane Harvest Survey 

and assigned clearance number 1018–

0023 (expires 11/30/2007). The 

information from this survey is used to 

estimate the magnitude and the 

geographical and temporal distribution 

of the harvest, and the portion it 

constitutes of the total population. 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 impose a cost 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 it will not 

unduly burden the judicial system and 

that it 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, these rules allow 

hunters to exercise otherwise 

unavailable privileges and, therefore, 

reduce restrictions on the use of private 

and public property. 

Energy Effects—Executive Order 13211 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, and use. Executive Order 

13211 requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. While this 

rule is a significant regulatory action 

under Executive Order 12866, it is not 

expected to adversely affect energy 

supplies, distribution, or use. Therefore, 

this action is not a significant energy 

action and no Statement of Energy 

Effects is required. 

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 regarding the 

hunting of migratory birds, and we 

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 process 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. 

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 there was a delay in the effective date 

of these regulations 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 

51948 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and 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. 

List of Subjects in 50 CFR Part 20 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Transportation, Wildlife. 

Dated: August 12, 2005. 

Julie MacDonald, 

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 of the Code of 

Federal Regulations is amended as 

follows: 

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. 

BILLING CODE 4310–55–P 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51949 


ER31AU05.007</GPH>
51950 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.008</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51951 


ER31AU05.009</GPH>
51952 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.010</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51953 


ER31AU05.011</GPH>
51954 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.012</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51955 


ER31AU05.013</GPH>
51956 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.014</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51957 


ER31AU05.015</GPH>
51958 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.016</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51959 


ER31AU05.017</GPH>
51960 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.018</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51961 


ER31AU05.019</GPH>
51962 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.020</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51963 


ER31AU05.021</GPH>
51964 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.022</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51965 


ER31AU05.023</GPH>
51966 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.024</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51967 


ER31AU05.025</GPH>
51968 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.026</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51969 


ER31AU05.027</GPH>
51970 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.028</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51971 


ER31AU05.029</GPH>
51972 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.030</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51973 


ER31AU05.031</GPH>
51974 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.032</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51975 


ER31AU05.033</GPH>
51976 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.034</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51977 


ER31AU05.035</GPH>
51978 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.036</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51979 


ER31AU05.037</GPH>
51980 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 


ER31AU05.038</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51981 

[FR Doc. 05–17238 Filed 8–30–05; 8:45 am] 

BILLING CODE 4310–55–C 


ER31AU05.039</GPH>