Rule: Migratory Bird Hunting: Late Seasons and Bag and Possession Limits For Certain Migratory Game Birds

Friday,
September 23, 2005
Part IV
Department of the
Interior
Fish and Wildlife Service
50 CFR Part 20
Migratory Bird Hunting: Late Seasons and
Bag and Possession Limits for Certain
Migratory Game Birds; Final Rule
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56028 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations
DEPARTMENT OF THE INTERIOR regulations for migratory game birds in Protection Agency on June 9, 1988. We
Alaska, Puerto Rico, and the Virgin published Notice of Availability in the
Fish and Wildlife Service Islands; special September waterfowl Federal Register on June 16, 1988 (53
seasons in designated States; special sea FR 22582), and our Record of Decision
50 CFR Part 20 duck seasons in the Atlantic Flyway; on August 18, 1988 (53 FR 31341).
and extended falconry seasons. In In addition, in a proposed rule
RIN 1018–AT76
addition, we reviewed and discussed published in the April 30, 2001, Federal
Migratory Bird Hunting; Late Seasons preliminary information on the status of Register (66 FR 21298), we expressed
and Bag and Possession Limits for waterfowl as it relates to the our intent to begin the process of
Certain Migratory Game Birds development and selection of the developing a new EIS for the migratory
regulatory packages for the 2005–06 bird hunting program. Our notice
AGENCY: Fish and Wildlife Service, regular waterfowl seasons. beginning the public scoping process
Interior. On August 1, 2005, we published in was published in the September 8, 2005,
ACTION: Final rule. the Federal Register (70 FR 44200) a Federal Register (70 FR 53376).
third document specifically dealing
SUMMARY: This rule prescribes the
Endangered Species Act Consideration
with the proposed frameworks for early-
hunting seasons, hours, areas, and daily season regulations. In the August 30, Section 7 of the Endangered Species
bag and possession limits for general 2004, Federal Register (70 FR 51522), Act, as amended (16 U.S.C. 1531–1543;
waterfowl seasons and those early we published final frameworks for early 87 Stat. 884), provides that, ‘‘The
seasons for which States previously migratory bird hunting seasons from Secretary shall review other programs
deferred selection. Taking of migratory which wildlife conservation agency administered by him and utilize such
birds is prohibited unless specifically officials from the States, Puerto Rico, programs in furtherance of the purposes
provided for by annual regulations. This and the Virgin Islands selected 2005–06 of this Act’’ (and) shall ‘‘insure that any
rule permits the taking of designated early-season hunting dates, hours, areas, action authorized, funded, or carried out
species during the 2005–06 season. and limits. Subsequently, on August 31, * * * is not likely to jeopardize the
DATES: This rule is effective on 2005, we published a final rule in the continued existence of any endangered
September 24, 2005. Federal Register (70 FR 51946) species or threatened species or result in
amending subpart K of title 50 CFR part the destruction or adverse modification
FOR FURTHER INFORMATION CONTACT:
20 to set hunting seasons, hours, areas, of [critical] habitat * * *.’’
Brian Millsap, Chief, or Ron W. Kokel, Consequently, we conducted formal
and limits for early seasons.
Division of Migratory Bird Management, consultations to ensure that actions
On July 27–28, 2005, we held open
U.S. Fish and Wildlife Service, (703) meetings with the Flyway Council resulting from these regulations would
358–1714. Consultants, at which the participants not likely jeopardize the continued
SUPPLEMENTARY INFORMATION: reviewed the status of waterfowl and existence of endangered or threatened
Regulations Schedule for 2005 developed recommendations for the species or result in the destruction or
2005–06 regulations for these species. adverse modification of their critical
On April 6, 2005, we published in the On August 22, 2005, we published in habitat. Findings from these
Federal Register (70 FR 17574) a the Federal Register (70 FR 49068) the consultations are included in a
proposal to amend 50 CFR part 20. The proposed frameworks for the 2005–06 biological opinion, which concluded
proposal provided a background and late-season migratory bird hunting that the regulations are not likely to
overview of the migratory bird hunting regulations. We published final late- adversely affect any endangered or
regulations process, and dealt with the season frameworks for migratory game threatened species. Additionally, these
establishment of seasons, limits, the bird hunting regulations, from which findings may have caused modification
proposed regulatory alternatives for the State wildlife conservation agency of some regulatory measures previously
2005–06 duck hunting season, and other officials selected late-season hunting proposed, and the final frameworks
regulations for migratory game birds dates, hours, areas, and limits for 2005– reflect any such modifications. Our
under §§ 20.101 through 20.107, 20.109, 06, in a September XX, 2005, Federal biological opinions resulting from this
and 20.110 of subpart K. On June 24, Register. Section 7 consultation are public
2005, we published in the Federal The final rule described here is the documents available for public
Register (70 FR 36794) a second final in the series of proposed, inspection by contacting one of the
document providing supplemental supplemental, and final rulemaking people listed under FOR FURTHER
proposals for early- and late-season documents for migratory game bird INFORMATION CONTACT.
migratory bird hunting regulations hunting regulations for 2005–06 and
frameworks and the regulatory Executive Order 12866
deals specifically with amending
alternatives for the 2005–06 duck subpart K of 50 CFR part 20. It sets The migratory bird hunting
hunting season. The June 24 hunting seasons, hours, areas, and limits regulations are economically significant
supplement also provided detailed for species subject to late-season and were reviewed by the Office of
information on the 2005–06 regulatory regulations and those for early seasons Management and Budget (OMB) under
schedule and announced the Service that States previously deferred. Executive Order 12866. As such, a cost/
Migratory Bird Regulations Committee benefit analysis was initially prepared
(SRC) and Flyway Council meetings. National Environmental Policy Act in 1981. This analysis was subsequently
On June 22 and 23, 2005, we held (NEPA) Consideration revised annually from 1990–96, updated
open meetings with the Flyway Council NEPA considerations are covered by in 1998, and updated again in 2004. It
Consultants, at which the participants the programmatic document, ‘‘Final is further discussed below under the
reviewed information on the current Supplemental Environmental Impact heading Regulatory Flexibility Act.
status of migratory shore and upland Statement: Issuance of Annual Results from the 2004 analysis indicate
game birds and developed Regulations Permitting the Sport that the expected welfare benefit of the
recommendations for the 2005–06 Hunting of Migratory Birds (FSES 88– annual migratory bird hunting
regulations for these species plus 14),’’ filed with the Environmental 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 clearance number 1018–0015 (expires 2/ Government-to-Government
of $899 million. Copies of the cost/ 29/2008). This information is used to Relationship With Tribes
benefit analysis are available upon provide a sampling frame for voluntary In accordance with the President’s
request by contacting one of the people national surveys to improve our harvest memorandum of April 29, 1994,
listed under FOR FURTHER INFORMATION estimates for all migratory game birds in ‘‘Government-to-Government Relations
CONTACT or from our Web site at order to better manage these with Native American Tribal
http://www.migratorybirds.gov. populations. Governments’’ (59 FR 22951), Executive
Regulatory Flexibility Act A Federal agency may not conduct or Order 13175, and 512 DM 2, we have
sponsor and a person is not required to evaluated possible effects on federally
These regulations have a significant respond to a collection of information
economic impact on substantial recognized Indian tribes and have
unless it displays a currently valid OMB determined that there are no effects.
numbers of small entities under the control number.
Regulatory Flexibility Act (5 U.S.C. 601 Federalism Effects
et seq.). We analyzed the economic Unfunded Mandates Reform Act
impacts of the annual hunting Due to the migratory nature of certain
We have determined and certify, in species of birds, the Federal
regulations on small business entities in
compliance with the requirements of the Government has been given
detail as part of the 1981 cost-benefit
Unfunded Mandates Reform Act, 2 responsibility over these species by the
analysis discussed under Executive
U.S.C. 1502 et seq., that this rulemaking Migratory Bird Treaty Act. We annually
Order 12866. This analysis was revised
will not ‘‘significantly or uniquely’’ prescribe frameworks from which the
annually from 1990–95. In 1995, the
affect small governments, and will not States make selections regarding the
Service issued a Small Entity Flexibility
impose a cost of $100 million or more hunting of migratory birds, and we
Analysis (Analysis), which was
in any given year on local or State employ guidelines to establish special
subsequently updated in 1996, 1998,
government or private entities. regulations on Federal Indian
and 2004. The primary source of
Therefore, this rule is not a ‘‘significant reservations and ceded lands. This
information about hunter expenditures
regulatory action’’ under the Unfunded process preserves the ability of the
for migratory game bird hunting is the
Mandates Reform Act. States and tribes to determine which
National Hunting and Fishing Survey,
which is conducted at 5-year intervals. Civil Justice Reform—Executive Order seasons meet their individual needs.
The 2004 Analysis was based on the 12988 Any State or Indian tribe may be more
2001 National Hunting and Fishing restrictive than the Federal frameworks
Survey and the U.S. Department of The Department of the Interior, in at any time. The frameworks are
Commerce’s County Business Patterns, promulgating this rule, has determined developed in a cooperative process with
from which it was estimated that that this rule will not unduly burden the the States and the Flyway Councils.
migratory bird hunters would spend judicial system and that it meets the This process allows States to participate
between $481 million and $1.2 billion at requirements of sections 3(a) and 3(b)(2) in the development of frameworks from
small businesses in 2004. Copies of the of Executive Order 12988. which they will make selections,
Analysis are available upon request by Takings Implication Assessment thereby having an influence on their
contacting one of the people listed own regulations. These rules do not
under FOR FURTHER INFORMATION In accordance with Executive Order have a substantial direct effect on fiscal
CONTACT or from our Web site at
12630, this rule, authorized by the capacity, change the roles or
http://www.migratorybirds.gov. Migratory Bird Treaty Act (16 U.S.C. responsibilities of Federal or State
703–712), does not have significant governments, or intrude on State policy
Small Business Regulatory Enforcement takings implications and does not affect or administration. Therefore, in
Fairness Act any constitutionally protected property accordance with Executive Order 13132,
This rule is a major rule under 5 rights. This rule will not result in the these regulations do not have significant
U.S.C. 804(2), the Small Business physical occupancy of property, the federalism effects and do not have
Regulatory Enforcement Fairness Act. physical invasion of property, or the sufficient federalism implications to
For the reasons outlined above, this rule regulatory taking of any property. In warrant the preparation of a Federalism
has an annual effect on the economy of fact, these rules allow hunters to Assessment.
$100 million or more. However, because exercise otherwise unavailable
privileges and, therefore, reduce Regulations Promulgation
this rule establishes hunting seasons, we
do not plan to defer the effective date restrictions on the use of private and The rulemaking process for migratory
required by 5 U.S.C. 801 under the public property. game bird hunting must, by its nature,
exemption contained in 5 U.S.C. 808(1). operate under severe time constraints.
Energy Effects—Executive Order 13211
However, we intend that the public be
Paperwork Reduction Act On May 18, 2001, the President issued given the greatest possible opportunity
We examined these regulations under Executive Order 13211 on regulations to comment. Thus, when the
the Paperwork Reduction Act of 1995 that significantly affect energy supply, preliminary proposed rulemaking was
(44 U.S.C. 3501 et seq.). The various distribution, and use. Executive Order published, we established what we
recordkeeping and reporting 13211 requires agencies to prepare believed were the longest periods
requirements imposed under regulations Statements of Energy Effects when possible for public comment. In doing
established in 50 CFR part 20, subpart undertaking certain actions. While this this, we recognized that when the
K, are utilized in the formulation of rule is a significant regulatory action comment period closed, time would be
migratory game bird hunting under Executive Order 12866, it is not of the essence. That is, if there were a
regulations. Specifically, OMB has expected to adversely affect energy delay in the effective date of these
approved the information collection supplies, distribution, or use. Therefore, regulations after this final rulemaking,
requirements of the surveys associated this action is not a significant energy States would have insufficient time to
with the Migratory Bird Harvest action and no Statement of Energy select season dates and limits; to
Information Program and assigned Effects is required. communicate those selections to us; and
to establish and publicize the necessary all other relevant matters presented, B, part 20, subpart K of the Code of
regulations and procedures to certain sections of title 50, chapter I, Federal Regulations is amended as
implement their decisions. We, subchapter B, part 20, subpart K, are follows:
therefore, find that ‘‘good cause’’ exists, hereby amended as set forth below.
within the terms of 5 U.S.C. 553(d)(3) of PART 20—[AMENDED]
List of Subjects in 50 CFR Part 20
the Administrative Procedure Act, and
these regulations will take effect Exports, Hunting, Imports, Reporting ■ 1. The authority citation for part 20
immediately upon publication. and recordkeeping requirements, continues to read as follows:
Transportation, Wildlife.
Accordingly, with each conservation Authority: 16 U.S.C. 703–712 and 16
agency having had an opportunity to Dated: September 14, 2005. U.S.C. 742a–j, Pub. L. 106–108.
participate in selecting the hunting Craig Manson,
BILLING CODE 4310–55–P
seasons desired for its State or Territory Assistant Secretary for Fish and Wildlife and
on those species of migratory birds for Parks.
which open seasons are now prescribed, ■ For the reasons set out in the
and consideration having been given to preamble, title 50, chapter I, subchapter
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[FR Doc. 05–18971 Filed 9–22–05; 8:45 am]

BILLING CODE 4310–55–C
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Rule: Migratory Bird Hunting: Late Seasons and Bag and Possession Limits For Certain Migratory Game Birds

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Rule: Migratory Bird Hunting: Late Seasons and Bag and Possession Limits For Certain Migratory Game Birds

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Friday,

September 23, 2005

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

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