[Federal Register: August 31, 2005 (Volume 70, Number 168)]
[Rules and Regulations]
[Page 51945-51981]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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Part III
Department of the Interior
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Fish and Wildlife Service
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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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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AT76
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.
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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 2005-06 season.
DATES: This rule is effective on September 1, 2005.
FOR FURTHER INFORMATION CONTACT: Brian Millsap, Chief, or Ron W. Kokel,
Division of Migratory Bird Management, U.S. Fish and Wildlife Service,
(703) 358-1714.
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 2005
On April 6, 2005, we published in the Federal Register (70 FR
17574) a proposal to amend 50 CFR part 20. The proposal provided a
background and overview of the migratory bird hunting regulations
process, and dealt with the establishment of seasons, limits, the
proposed regulatory alternatives for the 2005-06 duck hunting season,
and other regulations for migratory game birds under Sec. Sec. 20.101
through 20.107, 20.109, and 20.110 of subpart K. On June 24, 2005, we
published in the Federal Register (70 FR 36794) a second document
providing supplemental proposals for early- and late-season migratory
bird hunting regulations frameworks and the regulatory alternatives for
the 2005-06 duck hunting season. The June 24 supplement also provided
detailed information on the 2005-06 regulatory schedule and announced
the Service Migratory Bird Regulations Committee (SRC) and Flyway
Council meetings.
On June 22 and 23, we held open meetings with the Flyway Council
Consultants at which the participants reviewed information on the
current status of migratory shore and upland game birds and developed
recommendations for the 2005-06 regulations 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, we reviewed and discussed preliminary
information on the status of waterfowl as it relates to the development
and selection of the regulatory packages for the 2005-06 regular
waterfowl seasons. On August 1, we published in the Federal Register
(70 FR 44200) a third document specifically dealing with the proposed
frameworks for early-season regulations.
On July 27-28, 2005, we held open meetings with the Flyway Council
Consultants at which the participants reviewed the status of waterfowl
and developed recommendations for the 2005-06 regulations for these
species. Proposed hunting regulations were discussed for late seasons.
We published proposed frameworks for the 2005-06 late-season migratory
bird hunting regulations on August 22, 2005, in the Federal Register
(70 FR 49068). On August 30, 2005, we published a fifth document in the
Federal Register which 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.
The final rule described here is the sixth 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 part 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 the Environmental Protection Agency on June 9, 1988.
We published a Notice of Availability in the Federal Register on June
16, 1988 (53 FR 22582) and our Record of Decision on August 18, 1988
(53 FR 31341). Copies are available from the address indicated under
ADDRESSES.
Additionally, in a proposed rule published in the April 30, 2001,
Federal Register (66 FR 21298), we expressed our intent to begin the
process of developing a new EIS for the migratory bird hunting program.
We plan to begin the public scoping process this year.
Endangered Species Act Consideration
Section 7 of the Endangered Species Act, as amended (16 U.S.C.
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review
other programs administered by him and utilize such programs in
furtherance of the purposes of this Act'' (and) shall ``insure that any
action authorized, funded or carried out * * * is not likely to
jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification
of [critical] habitat * * *'' Consequently, we conducted formal
consultations to ensure that actions resulting from these regulations
would 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, which concluded that the regulations
are not likely to adversely affect any endangered or threatened
species. Additionally, these findings may have caused modification of
some regulatory measures previously proposed, and the final frameworks
reflect any such modifications. Our biological opinions resulting from
this Section 7 consultation are public documents available for public
inspection at the address indicated under ADDRESSES.
Executive Order 12866
The migratory bird hunting regulations are economically significant
and were reviewed by the Office of Management and Budget (OMB) under
Executive Order 12866. As such, a cost/benefit analysis was initially
prepared in 1981. This analysis was subsequently revised annually from
1990-96, updated in 1998 and updated again in 2004. It is further
discussed below under the heading Regulatory Flexibility Act.
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Results from the 2004 analysis indicate that the expected welfare
benefit of the annual migratory bird hunting frameworks is on the order
of $734 to $1,064 million, with a mid-point estimate of $899 million.
Copies of the cost/benefit analysis are available upon request from the
address indicated under ADDRESSES or from our Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.migratorybirds.gov
.
Regulatory Flexibility Act
These regulations have a significant economic impact on substantial
numbers of small entities under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). We analyzed the economic impacts of the annual
hunting regulations on small business entities in detail as part of the
1981 cost-benefit analysis discussed under Executive Order 12866. This
analysis was revised annually from 1990-95. In 1995, the Service issued
a Small Entity Flexibility Analysis (Analysis), which was subsequently
updated in 1996, 1998, and 2004. The primary source of information
about hunter expenditures for migratory game bird hunting is the
National Hunting and Fishing Survey, which is conducted at 5-year
intervals. The 2004 Analysis was based on the 2001 National Hunting and
Fishing Survey and the U.S. Department of Commerce's County Business
Patterns, from which it was estimated that migratory bird hunters would
spend between $481 million and $1.2 billion at small businesses in
2004. Copies of the Analysis are available upon request from the
address indicated under ADDRESSES or from our Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.migratorybirds.gov
.
Small Business Regulatory Enforcement Fairness Act
This rule is a major rule under 5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act. For the reasons outlined above,
this rule has an annual effect on the economy of $100 million or more.
However, because this rule establishes hunting seasons, we do not plan
to defer the effective date required by 5 U.S.C. 801 under the
exemption contained in 5 U.S.C. 808 (1).
Paperwork Reduction Act
We examined these regulations under the Paperwork Reduction Act of
1995. The various recordkeeping and reporting requirements imposed
under regulations established in 50 CFR part 20, Subpart K, are
utilized in the formulation of migratory game bird hunting regulations.
Specifically, OMB has approved the information collection requirements
of the surveys associated with the Migratory Bird Harvest Information
Program and assigned clearance number 1018-0015 (expires 2/29/2008).
This information is used to provide a sampling frame for voluntary
national surveys to improve our harvest estimates for all migratory
game birds in order to better manage these populations. OMB has also
approved the information collection requirements of the Sandhill Crane
Harvest Survey and assigned clearance number 1018-0023 (expires 11/30/
2007). The information from this survey is used to estimate the
magnitude and the geographical and temporal distribution of the
harvest, and the portion it constitutes of the total population. A
Federal agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.
Unfunded Mandates Reform Act
We have determined and certify, in compliance with the requirements
of the Unfunded Mandates Reform 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. Therefore, this
rule is not a ``significant regulatory action'' under the Unfunded
Mandates Reform Act.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this rule, has determined that it
will not unduly burden the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.
Takings Implication Assessment
In accordance with Executive Order 12630, this rule, authorized by
the Migratory Bird Treaty Act, does not have significant takings
implications and does not affect any constitutionally protected
property rights. This rule will not result in the physical occupancy of
property, the physical invasion of property, or the regulatory taking
of any property. In fact, these rules allow hunters to exercise
otherwise unavailable privileges and, therefore, reduce restrictions on
the use of private and public property.
Energy Effects--Executive Order 13211
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. While this rule is a
significant regulatory action under Executive Order 12866, it is not
expected to adversely affect energy supplies, distribution, or use.
Therefore, this action is not a significant energy action and no
Statement of Energy Effects is required.
Federalism Effects
Due to the migratory nature of certain species of birds, the
Federal Government has been given responsibility over these species by
the Migratory Bird Treaty Act. We annually prescribe frameworks from
which the States make selections regarding the hunting of migratory
birds, and we employ guidelines to establish special regulations on
Federal Indian reservations and ceded lands. This process preserves the
ability of the States and tribes to determine which seasons meet their
individual needs. Any State or tribe may be more restrictive than the
Federal frameworks at any time. The frameworks are developed in a
cooperative process with the States and the Flyway Councils. This
process allows States to participate in the development of frameworks
from which they will make selections, thereby having an influence on
their own regulations. These rules do not have a substantial direct
effect on fiscal capacity, change the roles or responsibilities of
Federal or State governments, or intrude on State policy or
administration. Therefore, in accordance with Executive Order 13132,
these regulations do not have significant federalism effects and do not
have sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Regulations Promulgation
The rulemaking process for migratory game bird hunting must, by its
nature, operate under severe time constraints. However, we intend that
the public be given the greatest possible opportunity to comment on the
regulations. Thus, when the preliminary proposed rulemaking was
published, we established what we believed were the longest periods
possible for public comment. In doing this, we recognized that when the
comment period closed, time would be of the essence. That is, if there
was a delay in the effective date of these regulations after this final
rulemaking, the States would have insufficient time to implement their
selected season dates and limits and start their seasons in a timely
manner. We therefore find that ``good cause'' exists, within the terms
of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and these
regulations
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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.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Dated: August 12, 2005.
Julie MacDonald,
Acting Assistant Secretary for Fish and Wildlife and Parks.
0
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:
PART 20--[AMENDED]
0
1. The authority citation for part 20 continues to read as follows:
Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a-j, Pub. L. 106-
108.
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[FR Doc. 05-17238 Filed 8-30-05; 8:45 am]
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