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DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

RIN 1018–AT76 

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 2005–06 season. 

DATES: This rule is effective on 

September 24, 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, 2005, 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, 2005, we published in 

the Federal Register (70 FR 44200) a 

third document specifically dealing 

with the proposed frameworks for earlyseason regulations. In the August 30, 

2004, Federal Register (70 FR 51522), 

we published final frameworks for early 

migratory bird hunting seasons from 

which wildlife conservation agency 

officials from the States, Puerto Rico, 

and the Virgin Islands selected 2005–06 

early-season hunting dates, hours, areas, 

and limits. Subsequently, on August 31, 

2005, we published a final rule in the 

Federal Register (70 FR 51946) 

amending subpart K of title 50 CFR part 

20 to set hunting seasons, hours, areas, 

and limits for early seasons. 

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. 

On August 22, 2005, we published in 

the Federal Register (70 FR 49068) the 

proposed frameworks for the 2005–06 

late-season migratory bird hunting 

regulations. 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 2005– 

06, in a September XX, 2005, Federal 

Register. 

The final rule described here is the 

final in the series of proposed, 

supplemental, and final rulemaking 

documents for migratory game bird 

hunting regulations for 2005–06 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. 

National Environmental Policy Act 

(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 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). 

In addition, 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. Our notice 

beginning the public scoping process 

was published in the September 8, 2005, 

Federal Register (70 FR 53376). 

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 by contacting one of the 

people listed under FOR FURTHER

INFORMATION CONTACT. 

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. 

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 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 56029 

$1.064 billion, with a midpoint estimate 

of $899 million. Copies of the cost/ 

benefit analysis are available upon 

request by contacting one of the people 

listed under FOR FURTHER INFORMATION

CONTACT 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 by 

contacting one of the people listed 

under FOR FURTHER INFORMATION

CONTACT 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 

(44 U.S.C. 3501 et seq.). 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. 

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 

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 of the Interior, in 

promulgating this rule, has determined 

that this rule 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 (16 U.S.C. 

703–712), 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. 

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), Executive 

Order 13175, and 512 DM 2, we have 

evaluated possible effects on federally 

recognized Indian tribes and have 

determined that there are no effects. 

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 Indian 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. 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 were a 

delay in the effective date of these 

regulations after this final rulemaking, 

States would have insufficient time to 

select season dates and limits; to 

communicate those selections to us; and 

56030 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

to establish and publicize the necessary 

regulations and procedures to 

implement their decisions. 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 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: September 14, 2005. 

Craig Manson, 

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. 742a–j, Pub. L. 106–108. 

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[FR Doc. 05–18971 Filed 9–22–05; 8:45 am] 

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