[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Proposed Rules]
[Pages 29516-29518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11941]
[[Page 29515]]
Vol. 77
Thursday,
No. 96
May 17, 2012
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; Supplemental Proposals for Migratory Game Bird
Hunting Regulations for the 2012-13 Hunting Season; Notice of Meetings;
Proposed Rule
Federal Register / Vol. 77, No. 96 / Thursday, May 17, 2012 /
Proposed Rules
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-R9-MB-2012-0005; FF09M21200-123-FXMB1231099BPP0L2]
RIN 1018-AX97
Migratory Bird Hunting; Supplemental Proposals for Migratory Game
Bird Hunting Regulations for the 2012-13 Hunting Season; Notice of
Meetings
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; supplemental.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), proposed in
an earlier document to establish annual hunting regulations for certain
migratory game birds for the 2012-13 hunting season. This supplement to
the proposed rule provides the regulatory schedule, announces the
Service Migratory Bird Regulations Committee and Flyway Council
meetings, and provides Flyway Council recommendations resulting from
their March meetings.
DATES:
Comments: You must submit comments on the proposed regulatory
alternatives for the 2012-13 duck hunting seasons on or before June 22,
2012. Following subsequent Federal Register notices, you will be given
an opportunity to submit comments for proposed early-season frameworks
by July 27, 2012, and for proposed late-season frameworks and
subsistence migratory bird seasons in Alaska by August 31, 2012.
Meetings: The Service Migratory Bird Regulations Committee will
meet to consider and develop proposed regulations for early-season
migratory bird hunting on June 20 and 21, 2012, and for late-season
migratory bird hunting and the 2013 spring/summer migratory bird
subsistence seasons in Alaska on July 25 and 26, 2012. All meetings
will commence at approximately 8:30 a.m.
ADDRESSES: Comments: You may submit comments on the proposals by one of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments on Docket No. FWS-R9-
MB-2012-0005.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R9-MB-2012-0005; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS
2042-PDM; Arlington, VA 22203.
We will not accept emailed or faxed comments. We will post all
comments on http://www.regulations.gov. This generally means that we
will post any personal information you provide us (see the Public
Comments section below for more information).
Meetings: 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 Dr., Arlington, VA.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street
NW., Washington, DC 20240; (703) 358-1714.
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 2012
On April 17, 2012, we published in the Federal Register (77 FR
23094) a proposal to amend 50 CFR part 20. The proposal provided a
background and overview of the migratory bird hunting regulations
process, and addressed the establishment of seasons, limits, and other
regulations for hunting migratory game birds under Sec. Sec. 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. We will publish proposed
early-season frameworks in early July and late-season frameworks in
early August. We will publish final regulatory frameworks for early
seasons on or about August 16, 2012, and for late seasons on or about
September 14, 2012.
Service Migratory Bird Regulations Committee Meetings
The Service Migratory Bird Regulations Committee will meet June 20-
21, 2012, to review information on the current status of migratory
shore and upland game birds and develop 2012-13 migratory game bird
regulations recommendations for these species, plus regulations for
migratory game birds in Alaska, Puerto Rico, and the Virgin Islands.
The Committee will also develop regulations recommendations for
September waterfowl seasons in designated States, special sea duck
seasons in the Atlantic Flyway, and extended falconry seasons. In
addition, the Committee will review and discuss preliminary information
on the status of waterfowl.
At the July 25-26, 2012, meetings, the Committee will review
information on the current status of waterfowl and develop 2012-13
migratory game bird regulations recommendations for regular waterfowl
seasons and other species and seasons not previously discussed at the
early-season meetings. In addition, the Committee will develop
recommendations for the 2013 spring/summer migratory bird subsistence
season in Alaska.
In accordance with Departmental policy, these meetings are open to
public observation. You may submit written comments to the Service on
the matters discussed.
Announcement of Flyway Council Meetings
Service representatives will be present at the individual meetings
of the four Flyway Councils this July. Although agendas are not yet
available, these meetings usually commence at 8 a.m. on the days
indicated.
Atlantic Flyway Council: July 19-20, Kingsmill Resort,
Williamsburg, VA.
Mississippi Flyway Council: July 22-23, Stoney Creek Inn, Peoria,
IL.
Central Flyway Council: July 18-19, Econolodge Canmore, Canmore,
Alberta, Canada.
Pacific Flyway Council: July 13, Oxford Suites, Spokane, WA.
Review of Public Comments
This supplemental rulemaking describes Flyway Council recommended
changes based on the preliminary proposals published in the April 17,
2012, Federal Register. We have included only those recommendations
requiring either new proposals or substantial modification of the
preliminary proposals and do not include recommendations that simply
support or oppose preliminary proposals and provide no recommended
alternatives. Our responses to some Flyway Council recommendations, but
not others, are merely a clarification aid to the reader on the overall
regulatory process, not a definitive response to the issue. We will
publish responses to all proposals and written comments when we develop
final frameworks.
We seek additional information and comments on the recommendations
in this supplemental proposed rule. New proposals and modifications to
previously described proposals are discussed below. Wherever possible,
they are discussed under headings corresponding to the numbered items
identified in the April 17 proposed rule. Only those categories
requiring your attention or for which we received Flyway Council
recommendations are discussed below.
1. Ducks
Duck harvest management categories are: (A) General Harvest
Strategy; (B) Regulatory Alternatives, including
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specification of framework dates, season length, and bag limits; (C)
Zones and Split Seasons; and (D) Special Seasons/Species Management.
A. General Harvest Strategy
Council Recommendations: The Atlantic Flyway Council recommended
that the Eastern Mallard Adaptive Harvest Management (AHM) framework be
revised on an interim basis for the 2012 and subsequent seasons by
adopting the model set recently proposed by the Service, and that model
weights be those derived from a retrospective analysis of breeding
population changes from 2002-11.
The Mississippi Flyway Council recommended that regulations changes
be restricted to one step per year, both when restricting as well as
liberalizing hunting regulations.
Service Response: As we stated in the April 17 Federal Register,
the final AHM protocol for the 2012-13 season will be detailed in the
early-season proposed rule, which will be published in mid-July.
B. Regulatory Alternatives
Council Recommendations: The Mississippi and Central Flyway
Councils recommended that regulatory alternatives for duck hunting
seasons remain the same as those used in 2011-12.
Service Response: As we stated in the April 17 Federal Register,
the final regulatory alternatives for the 2012-13 season will be
detailed in the early-season proposed rule, which will be published in
mid-July.
C. Zones and Split Seasons
Council Recommendations: The Atlantic and Mississippi Flyway
Councils recommended that the Service allow States to submit their
proposed zone/split changes as follows: States that will use their
zones for seasons that open before the Saturday nearest September 24
should submit their zone descriptions by June 1, 2012. States that will
not use their zones until after the Saturday nearest September 24
should submit their zone descriptions by July 1, 2012; and by July 1 in
future years when zones/split season options can be changed.
Service Response: As we discussed in the April 17 Federal Register,
last year in an August 26, 2011, Federal Register (75 FR 53536), we
finalized new guidelines for duck zones and split seasons for use by
States in setting their seasons for the 2011-15 hunting seasons. We
also prepared an environmental assessment (EA) on the new zone and
split season guidelines and provided a brief summary of the anticipated
impacts of the selected alternative with regard to the guidelines. The
EA and finding of no significant impact (FONSI) on the revised
guidelines is available by either writing to the address indicated
under FOR FURTHER INFORMATION CONTACT in the preamble of this proposed
rule or by viewing on our Web site at http://www.fws.gov/migratorybirds, or at http://www.regulations.gov.
As part of the implementation of these new guidelines, we stated
last year that those States that were capable of implementing these new
guidelines immediately were allowed to do so. However, for those States
not able to implement changes last year, we were committed to extending
the current open season into 2012. Thus, we asked then, and again in
the April 17 proposed rule, that States provide us with any changes to
their zone and split season configuration by May 1, 2012, for use
during the 2012-13 season. In an effort to provide additional
accommodation to Flyways' and States' requests, we will allow States to
submit their proposed zone/split changes and descriptions by June 15,
2012; and by June 15 in future years when zones/split season options
can be changed.
4. Canada Geese
A. Special Seasons
Council Recommendations: The Pacific Flyway Council recommended
increasing the daily bag limit in the Pacific Flyway portion of Wyoming
from two geese to three geese, and increasing the possession limit from
four to six birds during the special September season.
B. Regular Seasons
Council Recommendations: The Mississippi Flyway Council recommended
that the framework opening date for all species of geese for the
regular goose seasons in Michigan and Wisconsin be September 16, 2012.
9. Sandhill Cranes
Council Recommendations: The Central and Pacific Flyway Councils
recommend using the 2012 Rocky Mountain Population (RMP) sandhill crane
harvest allocation of 1,270 birds as proposed in the allocation formula
using the 3-year running average for 2009-11. The Councils also
recommended the establishment of a new hunting area for RMP greater
sandhill crane hunting in Colorado. The Pacific Flyway Council also
recommended the establishment of the expansion of the hunting areas for
RMP greater sandhill crane hunting in Arizona and the establishment of
a new RMP sandhill crane hunt area in Idaho.
16. Mourning Doves
Council Recommendations: The Atlantic and Mississippi Flyway
Councils recommended use of the ``moderate'' season framework for
States within the Eastern Management Unit population of mourning doves
resulting in a 70-day season and 15-bird daily bag limit. The daily bag
limit could be composed of mourning doves and white-winged doves,
singly or in combination.
The Mississippi and Central Flyway Councils recommend the use of
the standard (or ``moderate'') season package of a 15-bird daily bag
limit and a 70-day season for the 2012-13 mourning dove season in the
States within the Central Management Unit. They also recommended that
the Special White-winged Dove Area be expanded to Interstate Highway 37
in the 2013-14 season.
The Pacific Flyway Council recommended use of the ``moderate''
season framework for States in the Western Management Unit (WMU)
population of doves, which represents no change from last year's
frameworks.
Public Comments
The Department of the Interior's policy is, whenever practicable,
to afford the public an opportunity to participate in the rulemaking
process. Accordingly, we invite interested persons to submit written
comments, suggestions, or recommendations regarding the proposed
regulations. Before promulgation of final migratory game bird hunting
regulations, we will take into consideration all comments we receive.
Such comments, and any additional information we receive, may lead to
final regulations that differ from these proposals.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We will not
accept comments sent by email or fax or to an address not listed in the
ADDRESSES section. Finally, we will not consider hand-delivered
comments that we do not receive, or mailed comments that are not
postmarked, by the date specified in the DATES section.
We will post all comments in their entirety--including your
personal identifying information--on http://www.regulations.gov. Before
including your address, phone number, email address, or other personal
identifying information in your comment, you should be aware that your
entire
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comment--including your personal identifying information--may be made
publicly available at any time. While you can ask us in your comment to
withhold your personal identifying information from public review, we
cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Division of Migratory Bird Management, Room 4107,
4501 North Fairfax Drive, Arlington, VA 22203.
For each series of proposed rulemakings, we will establish specific
comment periods. We will consider, but possibly may not respond in
detail to, each comment. As in the past, we will summarize all comments
we receive during the comment period and respond to them after the
closing date in any final rules.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. The Office
of Information and Regulatory Affairs has determined that this rule is
significant because it will have an annual effect of $100 million or
more on the economy.
An economic analysis was prepared for the 2008-09 season. This
analysis was based on data from the 2006 National Hunting and Fishing
Survey, the most recent year for which data are available (see
discussion in Regulatory Flexibility Act section below). This analysis
estimated consumer surplus for three alternatives for duck hunting
(estimates for other species are not quantified due to lack of data).
The alternatives are (1) issue restrictive regulations allowing fewer
days than those issued during the 2007-08 season, (2) Issue moderate
regulations allowing more days than those in alternative 1, and (3)
Issue liberal regulations identical to the regulations in the 2007-08
season. For the 2008-09 season, we chose alternative 3, with an
estimated consumer surplus across all flyways of $205-$270 million. We
also chose alternative 3 for the 2009-10, the 2010-11, and the 2011-12
seasons. At this time, we are proposing no changes to the season
frameworks for the 2012-13 season, and as such, we will again consider
these three alternatives. However, final frameworks will be dependent
on population status information available later this year. For these
reasons, we have not conducted a new economic analysis, but the 2008-09
analysis is part of the record for this rule and is available at http://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at http://www.regulations.gov at
Docket No. FWS-R9-MB-2012-0005.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Other Required Determinations
Based on our most current data, we are affirming our required
determinations made in the proposed rule; for descriptions of our
actions to ensure compliance with the following statutes and Executive
orders, see our April 17, 2012, proposed rule (77 FR 23094):
National Environmental Policy Act;
Endangered Species Act;
Regulatory Flexibility Act;
Small Business Regulatory Enforcement Fairness Act;
Paperwork Reduction Act;
Unfunded Mandates Reform Act;
Executive Orders 12630, 12988, 13175, 13132, and 13211.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Authority: The rules that eventually will be promulgated for the
2012-13 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: May 9, 2012.
Eileen Sobeck,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-11941 Filed 5-16-12; 8:45 am]
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