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46152 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 RIN 1018–AE14 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 AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits of mourning, white-winged, and white-tipped doves; band-tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; and some extended falconry seasons. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits taking of designated species during the 1997–98 season. DATE: This rule is effective August 29, 1997. FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, 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 (703) 358– 1714. SUPPLEMENTARY INFORMATION: Regulations Schedule for 1997 On March 13, 1997, the Service published in the Federal Register (62 FR 39712) 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. On June 6, 1997, the Service published in the Federal Register (62 FR 31298) a second document providing supplemental proposals for early- and late-season migratory bird hunting regulations frameworks and the proposed regulatory alternatives for the 1997–98 duck hunting season. The June 6 supplement also provided detailed information on the 1997–98 regulatory schedule and announced the Service Migratory Bird Regulations Committee and Flyway Council meetings. On June 27, 1997, the Service held a public hearing in Washington, DC, as announced in the March 13 and June 6 Federal Registers to review the status of migratory shore and upland game birds. The Service discussed hunting regulations for these species and for other early seasons. On July 23, 1997, the Service published in the Federal Register (62 FR 39712) a third document. This document contained the final regulatory alternatives for the 1997–98 duck hunting season and the proposed early-season frameworks for the 1997–98 season. On August 7, 1997, the Service held a public hearing in Washington, DC, as announced in the March 13, June 6, and July 23 Federal Registers to review the status of waterfowl. Proposed hunting regulations were discussed for late seasons. On August 20, 1997, (62 FR 44229), the Service published a fifth document on migratory bird hunting. The document contained final frameworks for early migratory bird hunting seasons from which wildlife conservation agency officials from the States, Puerto Rico, and the Virgin Islands selected early-season hunting dates, hours, areas, and limits. On August 25, 1997, the Service published a sixth document (62 FR 45078) on migratory bird hunting. The sixth document dealt specifically with proposed frameworks for the 1997–98 late-season migratory bird hunting regulations. The final rule described here is the seventh in the series of proposed, supplemental, and final rulemaking documents for migratory game bird hunting regulations and deals specifically with amending subpart K of 50 CFR 20. It sets hunting seasons, hours, areas, and limits for mourning, white-winged, and white-tipped doves; band-tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; mourning doves in Hawaii; migratory game birds in Alaska, Puerto Rico, and the Virgin Islands; youth waterfowl hunting day; and some extended falconry seasons. 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, the Service designs hunting regulations to remove or alleviate chances of conflict between migratory game bird hunting seasons and the protection and conservation of endangered and threatened species. Consultations were conducted 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. Findings from these consultations are included in a biological opinion and may have modified some regulatory measures previously proposed. The final frameworks here reflect any such modifications. The Service’s biological opinions resulting from its Section 7 consultation are public documents available for public inspection in the Service’s Division of Endangered Species and Office of Migratory Bird Management, at the address indicated under the caption ADDRESSES. Executive Order (E.O.) 12866 This rule is economically significant and was reviewed by the Office of Management and Budget (OMB) under E.O. 12866. Congressional Review In accordance with Section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 8), this rule has been submitted to Congress and has been declared major. Because this rule establishes hunting seasons, this rule qualifies for an exemption under 5 U.S.C. 808(1); therefore, the Department determines that this rule shall take effect immediately. Regulatory Flexibility Act These regulations have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq). In the March 13, 1997, Federal Register, the Service reported measures it took to comply with requirements of the Act. One measure was to prepare a Small Entity Flexibility Analysis (Analysis) in 1996 documenting the significant beneficial economic effect on a substantial number of small entities. The Analysis estimated that migratory bird hunters would spend between $254 and $592 million at small businesses in 1996. Copies of the Analysis are available upon request from the MBMO. 46153 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations Paperwork Reduction Act The Department examined these regulations under the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)). Under the Act, information collections must be approved by the Office of Management and Budget (OMB). The Service uses the various information collection requirements contained in this rule to develop future migratory game bird hunting regulations. Specifically, the information collection requirements of the Migratory Bird Harvest Information Program have been approved by OMB and assigned clearance number 1018– 0015. This information is used to provide a sampling frame for voluntary national surveys to improve Service harvest estimates for all migratory game birds in order to better manage these populations. OMB approval for the Sandhill Crane Harvest Questionnaire, 1018–0023, has expired and has been submitted to OMB for reinstatement. The information from this survey is used to estimate the magnitude, the geographical and temporal distribution of harvest, and the portion it constitutes of the total population. The Service will not collect this information until OMB approval has been obtained and a Federal Register notice published. Additionally, no person may be required to respond to a collection of information unless it displays a currently valid OMB number. Regulations Promulgation The rulemaking process for migratory game bird hunting must, by its nature, operate under severe time constraints. However, the Service intends that the public be given the greatest possible opportunity to comment on the regulations. Thus, when the proposed rulemaking was published, the Service established what it believed were the longest periods possible for public comment. In doing this, the Service recognized that when the comment period closed time would be of the essence. That is, if there were a delay in the effective date of these regulations after this final rulemaking, the States and Territories would have insufficient time to establish and publicize the necessary regulations and procedures to implement their decisions. The Service therefore finds that ‘‘good cause’’ exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and these regulations will, therefore, take effect immediately upon publication. Accordingly, with each conservation agency having had an opportunity to participate in selecting the hunting seasons desired for its State or Territory on those species of migratory birds for which open seasons are now prescribed, and consideration having been given to all other relevant matters presented, certain sections of title 50, chapter I, subchapter B, part 20, subpart K, are hereby amended as set forth below. Unfunded Mandates Reform Act The Service has determined and certifies in compliance with the requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State government or private entities. Civil Justice Reform—Executive Order 12988 The Department, in promulgating this rule, has determined that these regulations meet the applicable standards provided in Sections 3(a) and 3(b)(2) of Executive Order 12988. List of Subjects in 50 CFR Part 20 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. Dated: August 21, 1997. William L. Leary, Acting Assistant Secretary for Fish and Wildlife and Parks. PART 20—[AMENDED] For the reasons set out in the preamble, title 50, chapter I, subchapter B, Part 20, subpart K of the Code of Federal Regulations is amended as follows. 1. The authority citation for Part 20 is revised to read as follows: AUTHORITY: 16 U.S.C. 703–712 and 16 U.S.C. 742 a—j. BILLING CODE 4310–55–F 46154 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46155 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46156 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46157 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46158 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46159 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46160 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46161 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46162 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46163 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46164 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46165 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46166 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46167 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46168 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 46169 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations BILLING CODE 4310–55–C [FR Doc. 97–23017 Filed 8–28–97; 8:45 am]