[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30114-30118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15015]




[[Page 30113]]


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Part II





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



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50 CFR Part 20



Supplemental Proposals for Migratory Game Bird Hunting Regulations; 
Notice of Meetings; Proposed Rule

Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / 
Proposed Rules

[[Page 30114]]



DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN: 1018-AD69


Migratory Bird Hunting; Supplemental Proposals for Migratory Game 
Bird Hunting Regulations; Notice of Meetings.

AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; supplemental.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service) 
proposed in an earlier document to establish annual hunting regulations 
for certain migratory game birds for the 1996-97 hunting season. This 
supplement to the proposed rule provides the regulatory schedule, 
announces the Service Migratory Bird Regulations Committee and Flyway 
Councils meetings, and describes proposed changes from 1995-96 hunting 
regulations.

DATES: The Service Migratory Bird Regulations Committee will consider 
and develop proposed regulations for early-season migratory bird 
hunting on June 25, 26, and 27, and for late-season migratory bird 
hunting on July 31, August 1, and 2. The Service will hold public 
hearings on proposed early- and late-season frameworks at 9:00 a.m. on 
June 27 and August 2, 1996, respectively. The comment period for 
proposed migratory bird hunting-season frameworks for Alaska, Hawaii, 
Puerto Rico, the Virgin Islands, and other early seasons will end on 
July 25, 1996. The comment period for late-season proposals will end on 
September 3, 1996.
ADDRESSES: The Service Migratory Bird Regulations Committee will meet 
in room 200 of the U.S. Fish and Wildlife Service's Arlington Square 
Building, 4401 N. Fairfax Drive, Arlington, Virginia. The Service will 
hold public hearings in the Auditorium of the Department of the 
Interior Building, 1849 C Street, NW., Washington, DC. Parties should 
submit written comments on the proposals and/or a notice of intent to 
participate in either hearing to the 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. The public may 
inspect comments during normal business hours in room 634, ARLSQ 
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, (703) 358-
1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 1996

    On March 22, 1996, the Service published in the Federal Register 
(61 FR 11992) a proposal to amend 50 CFR part 20. The proposal dealt 
with the establishment of seasons, limits, and other regulations for 
migratory game birds under Secs.  20.101 through 20.107, 20.109, and 
20.110 of subpart K. This document is the second in a series of 
proposed, supplemental, and final rules for migratory game bird hunting 
regulations. The Service will propose early-season frameworks in late 
June and late-season frameworks in early August. The Service will 
publish final regulatory frameworks for early seasons on or about 
August 14, 1996, and those for late seasons on or about September 23, 
1996.
    On June 27, 1996, the Service will hold a public hearing in 
Washington, DC, to review the status of migratory shore and upland game 
birds and waterfowl hunted during early seasons and the recommended 
hunting regulations for these species.
    On August 2, 1996, the Service will hold a public hearing in 
Washington, DC, to review the status of waterfowl and recommended 
hunting regulations for regular waterfowl seasons, and other species 
and seasons not previously discussed at the June 27 public hearing.

Announcement of Service Migratory Bird Regulations Committee 
Meetings

    The June 25 meeting will review information on the current status 
of migratory shore and upland game birds and develop 1996-97 migratory 
game bird regulations recommendations 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, the Service will review and discuss 
preliminary information on the status of waterfowl as it relates to the 
development of the regulatory packages for the 1996-97 regular 
waterfowl seasons. The June 26 meeting will ensure that the Service 
develops its regulations recommendations in full consultation.
    The July 31 meeting will review information on the current status 
of waterfowl and develop 1996-97 migratory game bird regulations 
recommendations for regular waterfowl seasons and other species and 
seasons not previously discussed at the early season meetings. The 
August 1 meeting will ensure that the Service develops its regulations 
recommendations in full consultation.
    In accordance with Departmental policy on meetings of the Service 
Migratory Bird Regulations Committee attended by any person outside the 
Department, these meetings will be open to public observation. Members 
of the public may submit written comments on the matters discussed to 
the Director.

Announcement of Flyway Council Meetings

    On July 27-29, 1996, Service representatives will attend the joint 
and individual Flyway Council meetings at the Adams Mark Hotel in 
Kansas City, Missouri. Although specific agendas are not yet available, 
these meetings will begin the afternoon of the 27th and close the 
afternoon of the 29th.

Review of Public Comments

    This supplemental rulemaking describes recommended changes based on 
the preliminary proposals published in the March 22, 1996, Federal 
Register. This supplement includes only those recommendations requiring 
either new proposals or substantial modification of the preliminary 
proposals. This supplement does not include recommendations that 
support or oppose but do not recommend alternatives to the preliminary 
proposals. The Service will consider these comments later in the 
regulations-development process. The Service will publish responses to 
proposals, written comments, and public-hearing testimony when it 
develops final frameworks.
    The Service seeks additional information and comments on the 
recommendations in this supplemental proposed rule. The Service will 
consider all recommendations and associated comments during development 
of the final frameworks.
    New proposals and modifications to previously described proposals 
are discussed below. Wherever possible, they are discussed under 
headings corresponding to the numbered items in the March 22, 1996, 
Federal Register.

1. Ducks

    Categories used to discuss issues related to duck harvest 
management are: (A) Harvest Strategy Considerations, (B) Framework 
Dates, (C) Season Length, (D) Closed Seasons, (E) Bag Limits, (F) Zones 
and Split Seasons, and (G)

[[Page 30115]]

Special Seasons/Species Management. Categories containing substantial 
recommendations are discussed below.

A. Harvest Strategy Considerations

    Council Recommendations: In the March 22, 1996, Federal Register, 
the Service reported on recommendations made by an Adaptive Harvest 
Management (AHM) technical working group for the 1996 regulatory 
process. Comprised of representatives from the Service and the four 
Flyway Councils, the working group was established in 1992 to develop 
recommendations for improving the regulation of duck harvests. The 
working group's function is, however, strictly technical in nature.
    All four Flyways continued to express support for the AHM approach 
to setting duck hunting regulations. However, the Mississippi, Central, 
and Pacific Flyway Councils recommended some modifications to the 
specific regulatory packages recommended by the working group, and 
these modifications are identified below under ``Season Length,'' ``Bag 
Limits,'' and ``Special Seasons/Species Management.''
    The Atlantic Flyway Council endorsed the AHM technical working 
group's recommendations regarding harvest-management objectives, use of 
mid-continent mallard population models, and regulatory options for the 
Atlantic Flyway in 1996.
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council expressed support for no more than three regulations packages, 
but recommended a harvest-management objective (objective function) 
that achieves an equal balance between harvest and a breeding 
population objective of 8.1 million mallards.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council requested the working group investigate the addition of both a 
more conservative and a more liberal regulatory package to the group of 
regulations packages offered for the 1997-98 hunting season.
    The Central Flyway Council supported the working group's 
recommendation to modify the objective function so that it continue to 
reflect the broad resource values of the population goals of the North 
American Waterfowl Management Plan (NAWMP), but commented that many 
technical issues will need to be resolved before AHM will be fully 
operational for multiple stocks of ducks.
    The Pacific Flyway Council endorsed the AHM working group's 1996 
duck regulations approach and, with the exception of a harvest strategy 
for pintails, recommendations for the 1996 regulations process.

B. Framework Dates

    Council Recommendations: The Lower-Region Regulations Committee of 
the Mississippi Flyway Council recommended the AHM technical working 
group investigate the impacts of a January 31 framework closing date.

C. Season Length

    Council Recommendations: In the regulations packages recommended 
for 1996-97, the Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended the season length in the 
``liberal'' package be 51 days instead of 50 days. The Central Flyway 
Council recommended the season length in the ``liberal'' package be 67 
days instead of 60 days.

D. Bag Limits

    Council Recommendations: The Upper- and Lower-Region Regulations 
Committees of the Mississippi Flyway Council and the Central Flyway 
Council recommended the redhead daily bag limit in the ``liberal'' 
package be 2 birds instead of 1.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council also recommended the overall daily bag limit in the ``liberal'' 
package be 6 birds instead of 5, and within this overall limit, the 
daily bag limit for mottled ducks be 4 instead of 3; and the limit for 
ringnecks, scaup, goldeneyes, and buffleheads be 4 instead of 5. Limits 
for black ducks, pintails, wood ducks, and canvasbacks would be the 
same as in 1995.
    Written Comments: The Massachusetts Division of Fisheries and 
Wildlife recommended any ``liberal'' regulatory package delete the hen 
mallard restriction in the Atlantic Flyway.

E. Zones and Split Seasons

    In 1990, the Service established guidelines for the use of zones 
and split seasons for duck hunting (Federal Register 55 FR 38901). 
These guidelines were based upon a cooperative review and evaluation of 
the historical use of zone/split options. The Service reiterated 1977 
criteria that the primary purpose of these options would be to provide 
more equitable distribution of harvest opportunity for hunters 
throughout a State. In 1977, the Service had also stated that these 
regulations should not substantially change the pattern of harvest 
distribution among States within a Flyway, nor should these options 
detrimentally change the harvest distribution pattern among species or 
populations at either the State or Flyway level. The 1990 review did 
not show that the proliferation of these options had increased harvest 
pressure; however, the ability to detect the impact of zone/split 
configurations was poor because of poorly chosen response variables, 
the lack of statistical tests to differentiate between real and 
perceived changes, and the absence of adequate experimental controls. 
Therefore, the 1990 strategy intended to provide a framework for 
controlling the proliferation of changes in zone/split options and 
limited changes to 5-year intervals. The first open season for changes 
was in 1991 and the second occurs this year when zone/split 
configurations will be established for the 1996-2000 period.
    Council Recommendations: The Flyway Councils made several 
recommendations on the Service's proposed guidelines on the use of 
zones and split seasons for duck hunting. The Service published these 
guidelines in the March 22, 1996, Federal Register.
    The Central Flyway Council recommended non-contiguous zones be 
allowed when supported by adequate justification. The Council also made 
several recommendations regarding the use of additional days in the 
High Plains Management Unit. The Council recommended the restrictions 
``must be consecutive'' and ``after the regular duck season'' be 
removed from the proposed guidelines. Further, the Council recommended 
additional days in the management unit be restricted to one split 
(i.e., two segments).
    The Pacific Flyway Council recommended the guidelines for zones 
allow identical season dates and/or different zoning configurations 
with different regulatory packages.
    Regarding Flyway Council recommendation for specific changes 
requested by States, the Atlantic Flyway Council recommended the State 
of Maine be granted a waiver for its proposed zoning option for 1996-
2000. The Upper-Region Regulations Committee of the Mississippi Flyway 
Council recommended the Service approve changes to zone-boundary 
configurations proposed by Illinois, Indiana, Michigan, and Wisconsin 
for the 1996-2000 period. The Central Flyway Council recommended the 
Service approve Nebraska's duck hunting zone proposal. The Pacific 
Flyway Council recommended the Service approve duck zone changes in 
Arizona, Nevada, Oregon, and Utah for the 1996-2000 period.
    Written Comments: The Nebraska Game and Parks Commission and the

[[Page 30116]]

Kansas Department of Wildlife and Parks recommended the restrictions 
``must be consecutive'' and ``after the regular duck season'' be 
removed from the proposed guidelines on the use of additional days in 
the High Plains Management Unit. Both noted these requirements were new 
and seemed unnecessary.
    The Nebraska Game and Parks Commission recommended the addition of 
a provision allowing the use of non-contiguous zones when supported by 
strong justification. The Wyoming Game and Fish Department also 
requested a variance from the contiguous-boundary criterion, stating 
that the current zoning guidelines do not seem to contain the 
flexibility needed to address the considerable variation in hunting 
opportunity associated with the diverse physiographic regions found in 
many Rocky Mountain States.
    Service Response: For the 1996 open season, the Service proposed in 
the March 22, 1996, Federal Register use of the existing 1990 
guidelines, with an exception for the handling of special management 
units. The Service proposed to delete the following provision from the 
1990 guidelines:
    Special Management Unit Limitation: Within existing Flyway 
boundaries, States may not zone and/or use a 3-way split season 
simultaneously within a special management unit and the remainder of 
the State.
    The Service proposed this change with the understanding that the 
additional days allowed for a management unit must be consecutive and, 
for the Central Flyway, be held both after the Saturday nearest 
December 10 and after the regular duck season. While the Service 
continues to support this proposed change, based on preliminary 
comments, the Service is now proposing an additional special provision 
for management units: For the States that have a recognized management 
unit and include a non-management unit portion, an independent 2-way 
split season with no zones can be selected for the management unit. The 
remainder of the State in the non-management unit portion can be zoned/
split according to existing guidelines.
    Regarding the Central Flyway Council recommendation that the 
criteria ``must be consecutive'' and ``after the regular duck season'' 
be removed from the guidelines on the use of additional High Plains 
Management Unit days, the Service reviewed the justification provided 
and believes that restrictions regarding the use of additional days 
should remain as proposed.
    Regarding Flyway Council recommendations to alter the definition 
and interpretation of a ``zone'' that would allow the establishment of 
hunting areas with non-contiguous boundaries or concurrent seasons, the 
Service has reviewed the rationale provided with the recommendations 
and believes that the definition/interpretations previously used are 
still appropriate. The requirement for contiguous boundaries for zones 
and different season dates among zones supports a primary objective of 
the guidelines for selecting zones/split seasons for duck hunting, 
which is to improve stability in hunting regimes. If concurrent seasons 
among zones were allowed, States would in effect have the option to 
either zone or not zone. With respect to non-contiguous boundaries, the 
Service believes that the current guidelines allow States sufficient 
flexibility to address differences in physiography, climate, etc. 
within a State. Allowing either of these exceptions in interpretation 
could further confound our ability to regulate and evaluate overall 
harvest pressure on ducks.
    The following zone/split-season guidelines apply only for the 
regular duck season and include several definitions and interpretations 
developed in response to questions during and following the first open 
season in 1991. For clarification, these are reiterated:
    1. A zone is a geographic area or portion of a State, with a 
contiguous boundary, for which independent dates (at least 1 day 
difference) can be selected for the regular duck season.
    2. Consideration of changes for management-unit boundaries are not 
subject to the guidelines and provisions governing the use of zones and 
split seasons for ducks.
    3. Only minor (less than a county in size) boundary changes will be 
allowed for any grandfather arrangement, and changes are limited to the 
open season.
    4. Any State may change its zone/split arrangement to the Basic 
Option at any time during the 5 years between open seasons. If such a 
change is made, the Basic Option must be continued for the remainder of 
the 5-year period.
    For the 1996-2000 period, any State may continue the configuration 
used in 1991-1995. If changes are made, the zone/split-season 
configuration must conform to one of the following options:
    1. Basic Option: The Basic Option, available at any time to any 
State, would allow the regular duck season to be split into two 
segments with no zones.
    2. Alternative Options: Where the Basic Option is deemed 
undesirable, States may choose one of the following:
    a. No more than three zones with no splits,
    b. A 3-way split with no zones, or
    c. Two zones with the option for 2-way split seasons in one or both 
zones.
    At the end of 5 years after any changes in splits or zones (except 
conversions to the Basic Option), States will be required to provide 
the Service with a review of pertinent data (e.g., estimates of 
harvest, hunter numbers, hunter success, etc.). This review does not 
have to be the result of a rigorous experimental design, but 
nonetheless should assist the Service in ascertaining whether major 
undesirable changes in harvest or hunter activity occurred as a result 
of split and zone regulations. The next open season for changes in 
zone/split configurations will be 2001.
    Using the above revised guidelines, the Service reviewed specific 
proposals for zoning changes submitted to date, including those 
recommended by the Flyway Councils and those proposed by the various 
States. Proposals by the States of Arizona, Illinois, Kentucky, Maine 
(boundary change), Michigan, Mississippi, Montana, Nevada, Oregon, 
South Dakota, Utah, and Wisconsin were within the established 
guidelines and are approved for the 1996-2000 period. Proposals by the 
States of Indiana, Kansas, Maine (creation of third zone), and Wyoming 
did not comply with the revised guidelines and the Service requests 
these States revise their proposals accordingly.
    Regarding Nebraska's proposed zoning plan, the Service does not 
support the Central Flyway Council's recommendation that would allow a 
variance to Nebraska or any other State for establishment of non-
contiguous zone boundaries. The use of ``early'' and ``late'' zones in 
the Low Plains portion of Nebraska during 1991-95 is clearly outside 
the established guidelines, but was allowed (1991-95) under the 
grandfather clause. In the event that this arrangement is now 
unacceptable, Nebraska must use the guidelines provided above to 
establish a zone/split configuration for the 1996-2000 period. Under 
the grandfather arrangement, minor boundary changes are allowed and 
Nebraska's proposed Low Plains zone boundary changes would be 
acceptable.

F. Special Seasons/Species Management

    i. Canvasbacks
    Council Recommendations: The Lower-Region Regulations Committee of 
the Mississippi Flyway Council

[[Page 30117]]

recommended canvasback regulations fluctuate within the regulations 
packages commensurate with model predictions, breeding-population 
indices, and habitat conditions.
    ii. Pintails
    Council Recommendations: The Central Flyway Council recommended a 
harvest strategy for pintails based on the breeding population size. 
The pintail daily bag limit would be 1 with a pintail breeding 
population below 3.0 million; 2 with a breeding population between 3.0 
and 4.5 million; 3 with a breeding population between 4.5 and 5.6 
million; and equal to the overall daily bag limit with a breeding 
population above 5.6 million.
    The Pacific Flyway Council recommended guidelines for the 1996-97 
Pacific Flyway pintail harvest regulations based on a prescriptive 
basis. A matrix of breeding population size from a subset of survey 
strata association with the Pacific Flyway breeding population and the 
numbers of prairie ponds counted during the May survey would determine 
bag limits.
    iii. September Teal Seasons
    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended a 5-day experimental 
September teal season be offered to the production States of Iowa, 
Michigan, Minnesota, and Wisconsin for a 3-year period. The Committee 
recommended a daily bag limit of 4 teal with sunrise to sunset shooting 
hours.
    The Central Flyway Council recommended a harvest strategy of 
linking regulatory packages developed for the September teal season 
with those developed for the regular duck season under the Adaptive 
Harvest Management process. For 1996, the Council recommended either a 
``restrictive'' package of 5 days with a daily bag limit of 3 teal, a 
``moderate'' package of 9 days with a daily bag limit of 4 teal, or a 
``liberal'' package of 16 days with a daily bag limit of 5 teal.
    iv. September Duck Seasons
    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended Iowa be allowed to hold up 
to 5 days of its regular duck hunting season in September, starting no 
earlier than the Saturday nearest September 14. The remainder of the 
Iowa regular duck season could begin no earlier than October 10.
    v. Other Species
    Council Recommendations: The Atlantic Flyway Council recommended 
black duck harvest restrictions in place during the 1990-94 period be 
continued or increased for a 3-year period where necessary to ensure 
adequate harvest reductions throughout the black duck range, beginning 
with the 1997-98 hunting season.

4. Canada Geese

A. Special Seasons

    Council Recommendations: The Atlantic Flyway Council recommended 
the frameworks for September Canada goose seasons in the Atlantic 
Flyway be modified as follows:
    September 1-15: Montezuma region of New York, Lake Champlain region 
of New York and Vermont, Maryland (Caroline, Cecil, Dorchester, and 
Talbot Counties), South Carolina, and Delaware.
    September 1-20: North Carolina (Currituck, Camden, Pasquotank, 
Perquimans, Chowan, Bertie, Washington, Tyrrell, Dare, and Hyde 
Counties).
    September 1-30: New Jersey and remaining portion of North Carolina.
    September 1-25: Remaining portion of Flyway, except Georgia and 
Florida.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended the Service continue to closely monitor the impacts 
of early Canada goose seasons, including both special seasons and 
September openings of regular seasons, to insure that cumulative 
impacts do not adversely affect migrant Canada geese and to insure that 
special seasons adhere to the criteria established by the Service.
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council and the Pacific Flyway Council made several recommendations 
relating to September Canada goose seasons. All of the recommendations 
were within the established criteria for special Canada goose seasons 
published in the August 29, 1995, Federal Register (60 FR 45020).
    Written Comments: The Massachusetts Division of Fisheries and 
Wildlife supported extending the September frameworks for September 
Canada goose seasons in the Atlantic Flyway to September 25.

B. Regular Seasons

    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended a September 21 framework 
opening date for the regular goose season in the Upper Peninsula of 
Michigan and statewide in Wisconsin.
    The Pacific Flyway Council reiterated its 1995 recommendation that 
Alaska, Oregon, and Washington take actions to reduce the harvest of 
dusky Canada geese.
    Written Comments: The Massachusetts Division of Fisheries and 
Wildlife urged the Service to consider new data on Atlantic Population 
Canada geese that supports two populations of northern Atlantic Flyway 
geese.

7. Snow and Ross's Geese

    Council Recommendations: The Lower-Region Regulations Committee of 
the Mississippi Flyway Council recommended the Service give serious 
consideration to innovative approaches to harvest management for snow 
geese. The Committee also recommended the Service consider recent 
changes in the Migratory Bird Treaty to provide greater hunter 
opportunities for snow geese.
    The Central Flyway Council recommended a March 10 framework closing 
date for hunting light geese throughout the Central Flyway. However, 
the Council further recommended within the Rainwater Basin Region in 
Nebraska, the framework closing date be February 1 for hunting light 
geese on land owned or controlled by the Nebraska Game and Parks 
Commission or the Service.

8. Swans

    Council Recommendations: The Atlantic Flyway Council recommended 
eliminating the requirement that tundra swan seasons must be held 
during snow goose seasons.

9. Sandhill Cranes

    Council Recommendations: The Central Flyway Council recommended 
Wyoming's sandhill crane hunt area expand to include Park and Big Horn 
Counties.
    The Pacific Flyway Council recommended season modifications in 
Montana and Wyoming. In Montana, the Council recommended a new hunt 
zone in the Ovando-Helmville area. In Wyoming, the Council recommended 
expanding the season from 3 to 8 days, increasing the number of 
permits, and establishing a new hunt zone in Park and Big Horn 
Counties.

18. Alaska

    Council Recommendations: The Pacific Flyway Council recommended the 
establishment of separate basic limits for geese. For dark geese, the 
Council recommended a basic daily bag limit of 4, with 8 in possession. 
For light geese, the Council recommended a daily bag limit of 3, with 6 
in possession. The proposed limits would be subject to area 
restrictions for Canada geese and limits for brant and emperor geese 
would remain separate.

[[Page 30118]]

Public Comment Invited

    The Service intends that adopted final rules be as responsive as 
possible to all concerned interests, and therefore desires to obtain 
the comments and suggestions of the public, other concerned 
governmental agencies, non-governmental organizations, and other 
private interests on these proposals. Such comments, and any additional 
information received, may lead to final regulations that differ from 
these proposals.
    Special circumstances are involved in the establishment of these 
regulations which limit the amount of time that the Service can allow 
for public comment. Specifically, two considerations compress the time 
in which the rulemaking process must operate: (1) the need to establish 
final rules at a point early enough in the summer to allow affected 
State agencies to appropriately adjust their licensing and regulatory 
mechanisms; and (2) the unavailability, before mid-June, of specific, 
reliable data on this year's status of some waterfowl and migratory 
shore and upland game bird populations. Therefore, the Service believes 
that to allow comment periods past the dates specified is contrary to 
the public interest.

Comment Procedure

    The policy of the Department of the Interior, whenever practical, 
affords the public an opportunity to participate in the rulemaking 
process. Accordingly, interested persons may participate by submitting 
written comments to the 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. The public may inspect 
comments during normal business hours at the Service's office in room 
634, Arlington Square Building, 4401 N. Fairfax Drive, Arlington, 
Virginia. The Service will consider all relevant comments received. The 
Service will attempt to acknowledge received comments, but substantive 
response to individual comments may not be provided.

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. The Service published a Notice 
of Availability in the June 16, 1988, Federal Register (53 FR 22582). 
The Service published its Record of Decision on August 18, 1988 (53 FR 
31341). Copies of these documents are available from the Service at the 
address indicated under the caption ADDRESSES.

Endangered Species Act Consideration

    As in the past, hunting regulations this year will be 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. Consultations are presently under 
way to ensure that actions resulting from these regulatory proposals 
will not likely jeopardize the continued existence of endangered or 
threatened species or result in the destruction or adverse modification 
of their critical habitat. It is possible that the findings from the 
consultations, which will be included in a biological opinion, may 
cause modification of some regulatory measures proposed in this 
document. The final frameworks will reflect any modifications. The 
Service's biological opinions resulting from its consultation under 
Section 7 are public documents and are available for public inspection 
in the Division of Endangered Species and the Office of Migratory Bird 
Management, U.S. Fish and Wildlife Service, Arlington Square Building, 
4401 N. Fairfax Drive, Arlington, Virginia.

Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the 
Paperwork Reduction Act

    In the Federal Register dated March 22, 1996, the Service reported 
measures it had undertaken to comply with requirements of the 
Regulatory Flexibility Act and the Executive Order. These included 
preparing a Small Entity Flexibility Analysis (Analysis) in 1995 to 
document the significant beneficial economic effect on a substantial 
number of small entities. The Analysis estimated that migratory bird 
hunters would spend between $258 and $586 million at small businesses 
in 1995. Copies of the Analysis are available upon request from the 
Office of Migratory Bird Management. This rule was not subject to 
review by the Office of Management and Budget under E.O. 12866.
    The Service examined these proposed regulations under the Paperwork 
Reduction Act of 1995 and found no information collection requirements.

    Authorship: The primary authors of this proposed rule are Ron W. 
Kokel and Patricia R. Hairston, Office of Migratory Bird Management.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

    The rules that eventually will be promulgated for the 1996-97 
hunting season are authorized under 16 U.S.C. 703-711, 16 U.S.C. 712, 
and 16 U.S.C. 742 a-j.

    Dated: June 5, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15015 Filed 6-12-96; 8:45 am]
BILLING CODE 4310-55-F