30114 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules

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.

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 §§ 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 regulationsdevelopment 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)
Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules 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
30116 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules

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 noncontiguous 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 nonmanagement 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
Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules 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.
30118 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules

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, nongovernmental 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