Rule: Alaska National Interest Lands Conservation Act Title VIII Implementation (Subsistence Priority) : Seasons, Limits, and Shooting Hours Establishment, Etc.

Thursday,
August 31, 2006
Part III
Department of the
Interior
Fish and Wildlife Service
50 CFR Part 20
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; Final
Rule
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51930 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations
DEPARTMENT OF THE INTERIOR Regulations Committee (SRC) and National Environmental Policy Act
Flyway Council meetings. Consideration
Fish and Wildlife Service NEPA considerations are covered by
On June 21 and 22, 2006, we held
open meetings with the Flyway Council the programmatic document ‘‘Final
50 CFR Part 20 Supplemental Environmental Impact
Consultants at which the participants
reviewed information on the current Statement: Issuance of Annual
RIN 1018–AU42 status of migratory shore and upland Regulations Permitting the Sport
game birds and developed Hunting of Migratory Birds (FSES 88–
Migratory Bird Hunting; Early Seasons 14),’’ filed with the Environmental
and Bag and Possession Limits for recommendations for the 2006–07
regulations for these species plus Protection Agency on June 9, 1988. We
Certain Migratory Game Birds in the published a Notice of Availability in the
Contiguous United States, Alaska, regulations for migratory game birds in
Alaska, Puerto Rico, and the Virgin Federal Register on June 16, 1988 (53
Hawaii, Puerto Rico, and the Virgin FR 22582). We published our Record of
Islands Islands, special September waterfowl
Decision on August 18, 1988 (53 FR
seasons in designated States, special sea
AGENCY: Fish and Wildlife Service, 31341). In addition, an August 1985
duck seasons in the Atlantic Flyway,
Interior. environmental assessment entitled
and extended falconry seasons. In
ACTION: Final rule.
‘‘Guidelines for Migratory Bird Hunting
addition, we reviewed and discussed Regulations on Federal Indian
preliminary information on the status of Reservations and Ceded Lands’’ is
SUMMARY: This rule prescribes the
waterfowl as it relates to the available from the address indicated
hunting seasons, hours, areas, and daily
development and selection of the under the caption ADDRESSES. In a
bag and possession limits of mourning,
white-winged, and white-tipped doves; regulatory packages for the 2006–07 notice published in the September 8,
band-tailed pigeons; rails; moorhens regular waterfowl seasons. On July 28, 2005, Federal Register (70 FR 53376),
and gallinules; woodcock; common 2006, we published in the Federal we announced our intent to develop a
snipe; sandhill cranes; sea ducks; early Register (71 FR 43008) a third document new Supplemental Environmental
(September) waterfowl seasons; specifically dealing with the proposed Impact Statement for the migratory bird
migratory game birds in Alaska, Hawaii, frameworks for early-season regulations. hunting program. Public scoping
Puerto Rico, and the Virgin Islands; and On July 26–27, 2006, we held open meetings were held in the spring of
some extended falconry seasons. Taking meetings with the Flyway Council 2006, as we announced in a March 9,
of migratory birds is prohibited unless Consultants at which the participants 2006, Federal Register notice (71 FR
specifically provided for by annual reviewed the status of waterfowl and 12216).
regulations. This rule permits taking of developed recommendations for the Endangered Species Act Consideration
designated species during the 2006–07 2006–07 regulations for these species.
season. Section 7 of the Endangered Species
Proposed hunting regulations were Act, as amended (16 U.S.C. 1531–1543;
DATES:This rule is effective on discussed for late seasons. We 87 Stat. 884), provides that, ‘‘The
September 1, 2006. published proposed frameworks for the Secretary shall review other programs
FOR FURTHER INFORMATION CONTACT: 2006–07 late-season migratory bird administered by him and utilize such
Brian Millsap, Chief, or Ron W. Kokel, hunting regulations on August 24, 2006, programs in furtherance of the purposes
Division of Migratory Bird Management, in the Federal Register (71 FR 50224). of this Act’’ (and) shall ‘‘insure that any
U.S. Fish and Wildlife Service, (703) On August 29, 2006, we published a action authorized, funded, or carried out
358–1714. fifth document in the Federal Register * * * is not likely to jeopardize the
SUPPLEMENTARY INFORMATION: which contained final frameworks for continued existence of any endangered
early migratory bird hunting seasons species or threatened species or result in
Regulations Schedule for 2006 from which wildlife conservation the destruction or adverse modification
On April 11, 2006, we published in agency officials from the States, Puerto of [critical] habitat * * *.’’
the Federal Register (71 FR 18562) a Rico, and the Virgin Islands selected Consequently, we conducted formal
proposal to amend 50 CFR part 20. The early-season hunting dates, hours, areas, consultations to ensure that actions
proposal provided a background and and limits. resulting from these regulations would
overview of the migratory bird hunting not likely jeopardize the continued
The final rule described here is the
regulations process, and dealt with the existence of endangered or threatened
sixth in the series of proposed,
establishment of seasons, limits, the species or result in the destruction or
supplemental, and final rulemaking
proposed regulatory alternatives for the adverse modification of their critical
2006–07 duck hunting season, and other documents for migratory game bird habitat. Findings from these
regulations for migratory game birds hunting regulations and deals consultations are included in a
under §§ 20.101 through 20.107, 20.109, specifically with amending subpart K of biological opinion, which concluded
and 20.110 of subpart K. On May 30, 50 CFR part 20. It sets hunting seasons, that the regulations are not likely to
2006, we published in the Federal hours, areas, and limits for mourning, adversely affect any endangered or
Register (71 FR 30786) a second white-winged, and white-tipped doves; threatened species. Additionally, these
document providing supplemental band-tailed pigeons; rails; moorhens findings may have caused modification
proposals for early- and late-season and gallinules; woodcock; common of some regulatory measures previously
migratory bird hunting regulations snipe; sandhill cranes; sea ducks; early proposed, and the final frameworks
frameworks and the regulatory (September) waterfowl seasons; reflect any such modifications. Our
alternatives for the 2006–07 duck mourning doves in Hawaii; migratory biological opinions resulting from this
hunting season. The May 30 supplement game birds in Alaska, Puerto Rico, and Section 7 consultation are public
also provided detailed information on the Virgin Islands; youth waterfowl documents available for public
the 2006–07 regulatory schedule and hunting day; and some extended inspection at the address indicated
announced the Service Migratory Bird falconry seasons. under ADDRESSES.
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 51931
Executive Order 12866 Paperwork Reduction Act reduce restrictions on the use of private
The migratory bird hunting We examined these regulations under and public property.
regulations are economically significant the Paperwork Reduction Act of 1995, Energy Effects—Executive Order 13211
and were reviewed by the Office of 44 U.S.C. 3501 et seq. The various
Management and Budget (OMB) under recordkeeping and reporting On May 18, 2001, the President issued
Executive Order 12866. As such, a cost/ requirements imposed under regulations Executive Order 13211 on regulations
benefit analysis was initially prepared established in 50 CFR part 20, Subpart that significantly affect energy supply,
in 1981. This analysis was subsequently K, are utilized in the formulation of distribution, and use. Executive Order
revised annually from 1990–96, updated migratory game bird hunting 13211 requires agencies to prepare
in 1998, and updated again in 2004. It regulations. Specifically, OMB has Statements of Energy Effects when
is further discussed under the heading approved the information collection undertaking certain actions. While this
Regulatory Flexibility Act. Results from requirements of the surveys associated rule is a significant regulatory action
the 2004 analysis indicate that the with the Migratory Bird Harvest under Executive Order 12866, it is not
expected welfare benefit of the annual Information Program and assigned expected to adversely affect energy
migratory bird hunting frameworks is on clearance number 1018–0015 (expires 2/ supplies, distribution, or use. Therefore,
the order of $734 to $1,064 million, with 29/2008). This information is used to
this action is not a significant energy
a mid-point estimate of $899 million. provide a sampling frame for voluntary
action and no Statement of Energy
Copies of the cost/benefit analysis are national surveys to improve our harvest
estimates for all migratory game birds in Effects is required.
available upon request from the address
indicated under ADDRESSES or from our order to better manage these Government-to-Government
Web site at http:// populations. OMB has also approved Relationship With Tribes
www.migratorybirds.gov. the information collection requirements
of the Sandhill Crane Harvest Survey Due to the migratory nature of certain
Regulatory Flexibility Act and assigned clearance number 1018– species of birds, the Federal
These regulations have a significant 0023 (expires 11/30/2007). The Government has been given
economic impact on substantial information from this survey is used to responsibility over these species by the
numbers of small entities under the estimate the magnitude and the Migratory Bird Treaty Act. Thus, in
Regulatory Flexibility Act (5 U.S.C. 601 geographical and temporal distribution accordance with the President’s
et seq.). We analyzed the economic of the harvest, and the portion it memorandum of April 29, 1994,
impacts of the annual hunting constitutes of the total population. ‘‘Government-to-Government Relations
regulations on small business entities in A Federal agency may not conduct or with Native American Tribal
detail as part of the 1981 cost-benefit sponsor and a person is not required to Governments’’ (59 FR 22951), Executive
analysis discussed under Executive respond to a collection of information Order 13175, and 512 DM 2, we have
Order 12866. This analysis was revised unless it displays a currently valid OMB evaluated possible effects on Federally
annually from 1990–95. In 1995, the control number. recognized Indian tribes and have
Service issued a Small Entity Flexibility Unfunded Mandates Reform Act determined that there are no effects on
Analysis (Analysis), which was We have determined and certify, in Indian trust resources. However, in the
subsequently updated in 1996, 1998, compliance with the requirements of the April 11 proposed rule (71 FR 18562)
and 2004. The primary source of Unfunded Mandates Reform Act, 2 we solicited proposals for special
information about hunter expenditures U.S.C. 1502 et seq., that this rulemaking migratory bird hunting regulations for
for migratory game bird hunting is the will not impose a cost of $100 million certain Tribes on Federal Indian
National Hunting and Fishing Survey, or more in any given year on local or reservations, off-reservation trust lands,
which is conducted at 5-year intervals. State government or private entities. and ceded lands for the 2006–07
The 2004 Analysis was based on the Therefore, this rule is not a ‘‘significant migratory bird hunting season. The
2001 National Hunting and Fishing regulatory action’’ under the Unfunded resulting proposals will be contained in
Survey and the U.S. Department of Mandates Reform Act. a separate proposed rule. By virtue of
Commerce’s County Business Patterns, these actions, we have consulted with
from which it was estimated that Civil Justice Reform—Executive Order
all the Tribes affected by this rule.
migratory bird hunters would spend 12988
between $481 million and $1.2 billion at In promulgating this rule, we have Federalism Effects
small businesses in 2004. Copies of the determined that it will not unduly
Analysis are available upon request Due to the migratory nature of certain
burden the judicial system and that it
from the address indicated under species of birds, the Federal
meets the requirements of sections 3(a)
ADDRESSES or from our Web site at
Government has been given
and 3(b)(2) of Executive Order 12988.
http://www.migratorybirds.gov. responsibility over these species by the
Takings Implication Assessment Migratory Bird Treaty Act. We annually
Small Business Regulatory Enforcement In accordance with Executive Order prescribe frameworks from which the
Fairness Act 12630, this rule, authorized by the States make selections regarding the
This rule is a major rule under 5 Migratory Bird Treaty Act, does not hunting of migratory birds, and we
U.S.C. 804(2), the Small Business have significant takings implications employ guidelines to establish special
Regulatory Enforcement Fairness Act. and does not affect any constitutionally regulations on Federal Indian
For the reasons outlined above, this rule protected property rights. This rule will reservations and ceded lands. This
has an annual effect on the economy of not result in the physical occupancy of process preserves the ability of the
$100 million or more. However, because property, the physical invasion of States and tribes to determine which
it establishes hunting seasons, we do property, or the regulatory taking of any seasons meet their individual needs.
not plan to defer the effective date property. In fact, these rules allow Any State or tribe may be more
required by 5 U.S.C. 801 under the hunters to exercise otherwise restrictive than the Federal frameworks
exemption contained in 5 U.S.C. 808(1). unavailable privileges and, therefore, at any time. The frameworks are
developed in a cooperative process with published, we established what we all other relevant matters presented,
the States and the Flyway Councils. believed were the longest periods certain sections of title 50, chapter I,
This process allows States to participate possible for public comment. In doing subchapter B, part 20, subpart K, are
in the development of frameworks from this, we recognized that when the hereby amended as set forth below.
which they will make selections, comment period closed, time would be List of Subjects in 50 CFR Part 20
thereby having an influence on their of the essence. That is, if there were a
own regulations. These rules do not delay in the effective date of these Exports, Hunting, Imports, Reporting
have a substantial direct effect on fiscal regulations after this final rulemaking, and recordkeeping requirements,
capacity, change the roles or States would have insufficient time to Transportation, Wildlife.
responsibilities of Federal or State select season dates and limits, to Dated: August 25, 2006.
governments, or intrude on State policy communicate those selections to us, and David M. Verhey,
or administration. Therefore, in to establish and publicize the necessary Acting Assistant Secretary for Fish and
accordance with Executive Order 13132,
regulations and procedures to Wildlife and Parks.
these regulations do not have significant
implement their decisions. We therefore ■ For the reasons set out in the
federalism effects and do not have
sufficient federalism implications to find that ‘‘good cause’’ exists, within the preamble, title 50, chapter I, subchapter
warrant the preparation of a Federalism terms of 5 U.S.C. 553(d)(3) of the B, part 20, subpart K of the Code of
Assessment. Administrative Procedure Act, and Federal Regulations is amended as
these regulations will, therefore, take follows:
Regulations Promulgation effect immediately upon publication.
The rulemaking process for migratory Accordingly, with each conservation PART 20—[AMENDED]
game bird hunting must, by its nature, agency having had an opportunity to
■ 1. The authority citation for part 20
operate under severe time constraints. participate in selecting the hunting
continues to read as follows:
However, we intend that the public be seasons desired for its State or Territory
given the greatest possible opportunity on those species of migratory birds for Authority: 16 U.S.C. 703–712 and 16
to comment. Thus, when the which open seasons are now prescribed, U.S.C. 742 a–j, Pub. L. 106–108.
preliminary proposed rulemaking was and consideration having been given to BILLING CODE 4310–55–P
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[FR Doc. 06–7257 Filed 8–30–06; 8:45 am]

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Rule: Alaska National Interest Lands Conservation Act Title VIII Implementation (Subsistence Priority) : Seasons, Limits, and Shooting Hours Establishment, Etc.

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Rule: Alaska National Interest Lands Conservation Act Title VIII Implementation (Subsistence Priority) : Seasons, Limits, and Shooting Hours Establishment, Etc.

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Thursday,

August 31, 2006

[FR Doc. 06–7257 Filed 8–30–06; 8:45 am]

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