[Federal Register Volume 73, Number 187 (Thursday, September 25, 2008)]
[Rules and Regulations]
[Pages 55630-55675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22436]
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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; Late Seasons and Bag and Possession Limits for
Certain Migratory Game Birds; Regulations on Certain Federal Indian
Reservations and Ceded Lands for the 2008-2009 Late Season; Final Rules
Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 /
Rules and Regulations
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[FWS-R9-MB-2008-0032; 91200-1231-9BPP-L2]
RIN 1018-AV62
Migratory Bird Hunting; Late Seasons and Bag and Possession
Limits for Certain Migratory Game Birds
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 for general waterfowl seasons and those
early seasons for which States previously deferred selection. Taking of
migratory birds is prohibited unless specifically provided for by
annual regulations. This rule permits the taking of designated species
during the 2008-09 season.
DATES: This rule is effective on September 26, 2008.
ADDRESSES: You may inspect comments received on the migratory bird
hunting regulations during normal business hours at the Service's
office in room 4107, Arlington Square Building, 4501 N. Fairfax Drive,
Arlington, Virginia. You may obtain copies of referenced reports from
the address above or from the Division of Migratory Bird Management's
Web site at http://www.fws.gov/migratorybirds/reports/reports.html.
FOR FURTHER INFORMATION CONTACT: Robert Blohm, Chief, or Ron W. Kokel,
Division of Migratory Bird Management, U.S. Fish and Wildlife Service,
(703) 358-1714.
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 2008
On May 28, 2008, we published in the Federal Register (73 FR 30712)
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, and other regulations
for hunting migratory game birds under Sec. Sec. 20.101 through
20.107, 20.109, and 20.110 of subpart K. Major steps in the 2008-09
regulatory cycle relating to open public meetings and Federal Register
notifications were also identified in the May 28 proposed rule.
Further, we explained that all sections of subsequent documents
outlining hunting frameworks and guidelines were organized under
numbered headings.
On June 18, 2008, we published in the Federal Register (73 FR
34692) a second document providing supplemental proposals for early-
and late-season migratory bird hunting regulations. The June 18
supplement also provided detailed information on the 2008-09 regulatory
schedule and announced the SRC and Flyway Council meetings.
On June 25 and 26, 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 2008-09 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 2008-09 regular
waterfowl seasons. On July 24, 2008, we published in the Federal
Register (73 FR 43290) a third document specifically dealing with the
proposed frameworks for early-season regulations. On August 27, 2008,
we published in the Federal Register (73 FR 50678) a rulemaking
establishing final frameworks for early-season migratory bird hunting
regulations for the 2008-09 season. Subsequently, on August 29, 2008,
we published a final rule in the Federal Register (73 FR 51088)
amending subpart K of title 50 CFR part 20 to set hunting seasons,
hours, areas, and limits for early seasons.
On July 30-31, 2008, we held open meetings with the Flyway Council
Consultants, at which the participants reviewed the status of waterfowl
and developed recommendations for the 2008-09 regulations for these
species. On August 29, 2008, we published in the Federal Register (73
FR 51124) the proposed frameworks for the 2008-09 late-season migratory
bird hunting regulations. We published final late-season frameworks for
migratory game bird hunting regulations, from which State wildlife
conservation agency officials selected late-season hunting dates,
hours, areas, and limits for 2008-09, in a late September 2008, Federal
Register.
The final rule described here is the final in the series of
proposed, supplemental, and final rulemaking documents for migratory
game bird hunting regulations for 2008-09 and deals specifically with
amending subpart K of 50 CFR part 20. It sets hunting seasons, hours,
areas, and limits for species subject to late-season regulations and
those for early seasons that States previously deferred.
National Environmental Protection Act (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 Notice of Availability in the Federal Register on June 16,
1988 (53 FR 22582). We published our Record of Decision on August 18,
1988 (53 FR 31341). In addition, an August 1985 environmental
assessment entitled ``Guidelines for Migratory Bird Hunting Regulations
on Federal Indian Reservations and Ceded Lands'' is available from the
address indicated under the caption ADDRESSES.
In a notice published in the September 8, 2005, Federal Register
(70 FR 53376), we announced our intent to develop a new Supplemental
Environmental Impact Statement for the migratory bird hunting program.
Public scoping meetings were held in the spring of 2006, as detailed in
a March 9, 2006, Federal Register (71 FR 12216). We have prepared a
scoping report summarizing the scoping comments and scoping meetings.
The report is available by either writing to the address indicated
under ADDRESSES or by viewing on our Web site at http://www.fws.gov/migratorybirds.
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 jeopardize any endangered or
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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 Office of Management and Budget has determined that this rule
is significant and has reviewed this rule under Executive Order 12866.
OMB bases its determination upon the following four criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act
The 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, 2004, and 2008. 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 2008 Analysis was based on the 2006 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 approximately $1.2 billion at small businesses in
2008. Copies of the Analysis are available upon request from the
address indicated under ADDRESSES or from our Web site at http://www.fws.gov/migratorybirds/reports/reports.html or at http://www.regulations.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 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 (44 U.S.C. 3501 et seq.). 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 our Migratory Bird Surveys and assigned
control number 1018-0023 (expires 2/28/2011). 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. 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
In promulgating this rule, we have 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.
Government-to-Government Relationship With Tribes
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. Thus, in accordance with the President's
memorandum of April 29, 1994, ``Government-to-Government Relations with
Native American Tribal Governments'' (59 FR 22951), Executive Order
13175, and 512 DM 2, we have evaluated possible effects on Federally
recognized Indian tribes and have determined that there are no effects
on Indian trust resources. However, in the May 28 proposed rule we
solicited proposals for special migratory bird hunting regulations for
certain Tribes on Federal Indian reservations, off-reservation trust
lands, and ceded lands for the 2008-09 migratory bird hunting season.
The resulting proposals were contained in a separate proposed rule (73
FR 48097; August 15, 2008). By virtue of these actions, we have
consulted with all the Tribes affected by this rule.
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. The frameworks are developed in a
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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. Thus,
when the preliminary proposed rulemaking was published, we established
what we believed were the longest periods possible for public comment.
In ensuring the maximum opportunity for public involvement in the
annual process, we recognize that it limits the amount of lead time for
final establishment of these seasons. That is, if there were a delay in
the effective date of the State selections of season dates and limits,
the opening of these seasons and the opportunity for the public to hunt
migratory birds would be delayed. 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 will 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: September 18, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
PART 20--[AMENDED]
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:
0
1. The authority citation for part 20 continues to read as follows:
Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C.
703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Pub. L.
106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.
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[FR Doc. E8-22436 Filed 9-24-08; 8:45 am]
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