Rule: Migratory Bird Hunting: Late-Season Migratory Bird Hunting Regulations

Friday,
September 21, 2007
Part III
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
sroberts on PROD1PC70 with RULES
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54158 Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Rules and Regulations
DEPARTMENT OF THE INTERIOR the regulatory alternatives for the 2007– subpart K of 50 CFR part 20. It sets
08 duck hunting season. The June 8 hunting seasons, hours, areas, and limits
Fish and Wildlife Service supplement also provided detailed for species subject to late-season
information on the 2007–08 regulatory regulations and those for early seasons
50 CFR Part 20 schedule and announced the Service that States previously deferred.
RIN 1018–AV12 Migratory Bird Regulations Committee
National Environmental Policy Act
(SRC) and Flyway Council meetings.
On June 20 and 21, we held open (NEPA) Consideration
Migratory Bird Hunting; Late Seasons
and Bag and Possession Limits for meetings with the Flyway Council NEPA considerations are covered by
Certain Migratory Game Birds Consultants, at which the participants the programmatic document ‘‘Final
reviewed information on the current Supplemental Environmental Impact
AGENCY: Fish and Wildlife Service, status of migratory shore and upland Statement: Issuance of Annual
Interior. game birds and developed Regulations Permitting the Sport
ACTION: Final rule. recommendations for the 2007–08 Hunting of Migratory Birds (FSES 88–
regulations for these species plus 14),’’ filed with the Environmental
SUMMARY: This rule prescribes the regulations for migratory game birds in Protection Agency on June 9, 1988. We
hunting seasons, hours, areas, and daily Alaska, Puerto Rico, and the Virgin published a Notice of Availability in the
bag and possession limits for general Islands; special September waterfowl Federal Register on June 16, 1988 (53
waterfowl seasons and those early seasons in designated States; special sea FR 22582). We published our Record of
seasons for which States previously duck seasons in the Atlantic Flyway; Decision on August 18, 1988 (53 FR
deferred selection. Taking of migratory and extended falconry seasons. In 31341). Annual NEPA considerations
birds is prohibited unless specifically addition, we reviewed and discussed are covered under a separate
provided for by annual regulations. This preliminary information on the status of Environmental Assessment (EA), ‘‘Duck
rule permits the taking of designated waterfowl as it relates to the Hunting Regulations for 2007–08,’’ and
species during the 2007–08 season. development and selection of the an August 27, 2007, Finding of No
DATES: This rule is effective on regulatory packages for the 2007–08 Significant Impact (FONSI). Copies of
September 22, 2007. regular waterfowl seasons. On July 23, the EA and FONSI are available upon
ADDRESSES: You may inspect comments 2007, we published in the Federal request from the address indicated
received on the migratory bird hunting Register (72 FR 40194) a third document under ADDRESSES.
regulations during normal business specifically dealing with the proposed In a notice published in the
hours at the Service’s office in room frameworks for early-season regulations. September 8, 2005, Federal Register (70
4107, Arlington Square Building, 4501 In the August 28, 2007, Federal Register FR 53376), we announced our intent to
N. Fairfax Drive, Arlington, Virginia. (72 FR 49622), we published final develop a new Supplemental
You may obtain copies of referenced frameworks for early migratory bird Environmental Impact Statement for the
reports from the address above or from hunting seasons from which wildlife migratory bird hunting program. Public
the Division of Migratory Bird conservation agency officials from the scoping meetings were held in the
States, Puerto Rico, and the Virgin spring of 2006, as we announced in a
Management’s Web site at http://
Islands selected 2007–08 early-season March 9, 2006, Federal Register notice
www.fws.gov/migratorybirds/reports/
hunting dates, hours, areas, and limits. (71 FR 12216). A scoping report
reports.html.
On August 30, 2007, we published a summarizing the scoping comments and
FOR FURTHER INFORMATION CONTACT: final rule in the Federal Register (72 FR scoping meetings is available either at
Robert Blohm, Chief, or Ron W. Kokel, 50164) amending subpart K of title 50 the address indicated under ADDRESSES
Division of Migratory Bird Management, CFR part 20 to set hunting seasons, or on our Web site at http://
U.S. Fish and Wildlife Service, (703) hours, areas, and limits for early www.fws.gov/migratorybirds.
358–1714. seasons. Endangered Species Act Consideration
SUPPLEMENTARY INFORMATION: On August 1–2, 2007, we held open
meetings with the Flyway Council Section 7 of the Endangered Species
Regulations Schedule for 2007 Act, as amended (16 U.S.C. 1531–1543;
Consultants, at which the participants
On April 11, 2007, we published in reviewed the status of waterfowl and 87 Stat. 884), provides that, ‘‘The
the Federal Register (72 FR 18328) a developed recommendations for the Secretary shall review other programs
proposal to amend 50 CFR part 20. The 2007–08 regulations for these species. administered by him and utilize such
proposal provided a background and On August 31, 2007, we published in programs in furtherance of the purposes
overview of the migratory bird hunting the Federal Register (72 FR 50613) the of this Act’’ (and) shall ‘‘insure that any
regulations process, and dealt with the proposed frameworks for the 2007–08 action authorized, funded, or carried out
establishment of seasons, limits, late-season migratory bird hunting * * * is not likely to jeopardize the
proposed regulatory alternatives for the regulations. We published final late- continued existence of any endangered
2007–08 duck hunting season, and other season frameworks for migratory game species or threatened species or result in
regulations for hunting migratory game bird hunting regulations, from which the destruction or adverse modification
birds under §§ 20.101 through 20.107, State wildlife conservation agency of [critical] habitat * * *.’’
20.109, and 20.110 of subpart K. Major officials selected late-season hunting Consequently, we conducted formal
steps in the 2007–08 regulatory cycle dates, hours, areas, and limits for 2007– consultations to ensure that actions
relating to open public meetings and 08, in a September 2007, Federal resulting from these regulations would
Federal Register notifications were also Register. not likely jeopardize the continued
identified in the April 11 proposed rule. The final rule described here is the existence of endangered or threatened
On June 8, 2007, we published in the final in the series of proposed, species or result in the destruction or
Federal Register (72 FR 31789) a second supplemental, and final rulemaking adverse modification of their critical
document providing supplemental documents for migratory game bird habitat. Findings from these
proposals for early- and late-season hunting regulations for 2007–08 and consultations are included in a
migratory bird hunting regulations and deals specifically with amending biological opinion, which concluded
Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Rules and Regulations 54159
that the regulations are not likely to subsequently updated in 1996, 1998, provide a sampling frame for voluntary
adversely affect any endangered or and 2004. The primary source of national surveys to improve our harvest
threatened species. Additionally, these information about hunter expenditures estimates for all migratory game birds in
findings may have caused modification for migratory game bird hunting is the order to better manage these
of some regulatory measures previously National Hunting and Fishing Survey, populations.
proposed, and the final frameworks which is conducted at 5-year intervals. A Federal agency may not conduct or
reflect any such modifications. Our The 2004 Analysis was based on the sponsor, and a person is not required to
biological opinions resulting from this 2001 National Hunting and Fishing respond to, a collection of information
section 7 consultation are public Survey and the U.S. Department of unless it displays a currently valid OMB
documents available for public Commerce’s County Business Patterns, control number.
inspection at the address indicated from which it was estimated that
under ADDRESSES. migratory bird hunters would spend Unfunded Mandates Reform Act
between $481 million and $1.2 billion at We have determined and certify, in
Executive Order 12866 compliance with the requirements of the
small businesses in 2004. Copies of the
The migratory bird hunting Analysis are available upon request Unfunded Mandates Reform Act, 2
regulations are economically significant from the address indicated under U.S.C. 1502 et seq., that this rulemaking
and were reviewed by the Office of ADDRESSES or from our Web site at will not impose a cost of $100 million
Management and Budget (OMB) under http://www.fws.gov/migratorybirds/ or more in any given year on local or
Executive Order 12866. As such, a cost/ reports/SpecialTopics/ State government or private entities.
benefit analysis was initially prepared EconomicAnalysis-Final-2004.pdf. Therefore, this rule is not a ‘‘significant
in 1981. This analysis was subsequently This year, due to limited data regulatory action’’ under the Unfunded
revised annually from 1990–96, updated availability, we partially updated the Mandates Reform Act.
in 1998, and updated again in 2004. It 2004 analysis, but restricted our
is further discussed below under the analysis to duck hunting. Results Civil Justice Reform—Executive Order
heading Regulatory Flexibility Act. indicate that the duck hunters would 12988
Results from the 2004 analysis indicate spend between $291 million and $473.5 The Department, in promulgating this
that the expected welfare benefit of the million at small businesses in 2007. We rule, has determined that this rule will
annual migratory bird hunting plan to perform a full update of the not unduly burden the judicial system
frameworks is on the order of $734 analysis in 2008, when the full results and that it meets the requirements of
million to $1.064 billion, with a mid- from the 2006 National Hunting and sections 3(a) and 3(b)(2) of Executive
point estimate of $899 million. Copies Fishing Survey are available. Copies of Order 12988.
of the cost/benefit analysis are available the updated analysis are available upon
upon request from the address indicated Takings Implication Assessment
request from the address indicated
under ADDRESSES or from our Web site under ADDRESSES or from our Web site In accordance with Executive Order
at at http://www.fws.gov/migratorybirds/ 12630, this rule, authorized by the
http://www.fws.gov/migratorybirds/ reports/SpecialTopics/ Migratory Bird Treaty Act, does not
reports/SpecialTopics/ EconomicAnalysis-2007Update.pdf. have significant takings implications
EconomicAnalysis-Final-2004.pdf. and does not affect any constitutionally
This year, due to limited data Small Business Regulatory Enforcement protected property rights. This rule will
availability, we partially updated the Fairness Act not result in the physical occupancy of
2004 analysis, but restricted our This rule is a major rule under 5 property, the physical invasion of
analysis to duck hunting. Results U.S.C. 804(2), the Small Business property, or the regulatory taking of any
indicate that the total consumer surplus Regulatory Enforcement Fairness Act. property. In fact, these rules allow
of the annual duck hunting frameworks For the reasons outlined above, this rule hunters to exercise otherwise
is on the order of $222 to $360 million, has an annual effect on the economy of unavailable privileges and, therefore,
with a mid-point estimate of $291 $100 million or more. However, because reduce restrictions on the use of private
million. We plan to perform a full this rule establishes hunting seasons, we and public property.
update of the analysis in 2008. Copies do not plan to defer the effective date
of the updated analysis are available under the exemption contained in 5 Energy Effects—Executive Order 13211
upon request from the address indicated U.S.C. 808(1). On May 18, 2001, the President issued
under ADDRESSES or from our Web site Executive Order 13211 on regulations
Paperwork Reduction Act
at http://www.fws.gov/migratorybirds/ that significantly affect energy supply,
reports/SpecialTopics/ We examined these regulations under distribution, and use. Executive Order
EconomicAnalysis-2007Update.pdf. the Paperwork Reduction Act of 1995 13211 requires agencies to prepare
(PRA). There are no new information Statements of Energy Effects when
Regulatory Flexibility Act collections in this rule that would undertaking certain actions. While this
These regulations have a significant require OMB approval under the PRA. rule is a significant regulatory action
economic impact on substantial The existing various recordkeeping and under Executive Order 12866, it is not
numbers of small entities under the reporting requirements imposed under expected to adversely affect energy
Regulatory Flexibility Act (5 U.S.C. 601 regulations established in 50 CFR part supplies, distribution, or use. Therefore,
et seq.). We analyzed the economic 20, Subpart K, are utilized in the this action is not a significant energy
impacts of the annual hunting formulation of migratory game bird action and no Statement of Energy
regulations on small business entities in hunting regulations. Specifically, OMB Effects is required.
detail as part of the 1981 cost-benefit has approved the information collection
Government-to-Government
analysis discussed under Executive requirements of the surveys associated

Order 12866. This analysis was revised with the Migratory Bird Harvest Relationship With Tribes
annually from 1990–95. In 1995, the Information Program and assigned Due to the migratory nature of certain
Service issued a Small Entity Flexibility clearance number 1018–0015 (expires species of birds, the Federal
Analysis (Analysis), which was 2/29/2008). This information is used to Government has been given
responsibility over these species by the at any time. The frameworks are We, therefore, find that ‘‘good cause’’
Migratory Bird Treaty Act. Thus, in developed in a cooperative process with exists, within the terms of 5 U.S.C.
accordance with the President’s the States and the Flyway Councils. 553(d)(3) of the Administrative
memorandum of April 29, 1994, This process allows States to participate Procedure Act, and these regulations
‘‘Government-to-Government Relations in the development of frameworks from will take effect immediately upon
with Native American Tribal which they will make selections, publication.
Governments’’ (59 FR 22951), Executive thereby having an influence on their Accordingly, with each conservation
Order 13175, and 512 DM 2, we have own regulations. These rules do not agency having had an opportunity to
evaluated possible effects on Federally have a substantial direct effect on fiscal participate in selecting the hunting
recognized Indian tribes and have capacity, change the roles or seasons desired for its State or Territory
determined that there are no effects on responsibilities of Federal or State on those species of migratory birds for
Indian trust resources. However, in the governments, or intrude on State policy which open seasons are now prescribed,
April 11 proposed rule we solicited or administration. Therefore, in and consideration having been given to
proposals for special migratory bird accordance with Executive Order 13132, all other relevant matters presented,
hunting regulations for certain Tribes on these regulations do not have significant
certain sections of title 50, chapter I,
Federal Indian reservations, off- federalism effects and do not have
subchapter B, part 20, subpart K, are
reservation trust lands, and ceded lands sufficient federalism implications to
hereby amended as set forth below.
for the 2007–08 migratory bird hunting warrant the preparation of a Federalism
season. The resulting proposals were Assessment. List of Subjects in 50 CFR Part 20
contained in a separate rulemaking. By
Regulations Promulgation Exports, Hunting, Imports, Reporting
virtue of these actions, we have
consulted with all the Tribes affected by The rulemaking process for migratory and recordkeeping requirements,
this rule. game bird hunting must, by its nature, Transportation, Wildlife.
operate under severe time constraints. Dated: September 14, 2007.
Federalism Effects However, we intend that the public be David M. Verhey,
Due to the migratory nature of certain given the greatest possible opportunity
Acting Assistant Secretary for Fish and
species of birds, the Federal to comment. Thus, when the Wildlife and Parks.
Government has been given preliminary proposed rulemaking was
responsibility over these species by the published, we established what we PART 20—[AMENDED]
Migratory Bird Treaty Act. We annually believed were the longest periods
prescribe frameworks from which the possible for public comment. In ■ For the reasons set out in the
States make selections regarding the ensuring the maximum opportunity for preamble, title 50, chapter I, subchapter
hunting of migratory birds, and we public involvement in the annual B, part 20, subpart K of the Code of
employ guidelines to establish special process, we recognize that it limits the Federal Regulations is amended as
regulations on Federal Indian amount of lead time for final follows:
reservations and ceded lands. This establishment of these seasons. That is,
process preserves the ability of the if there were a delay in the effective date ■ 1. The authority citation for part 20
States and tribes to determine which of the State selections of season dates continues to read as follows:
seasons meet their individual needs. and limits, the opening of these seasons Authority: 16 U.S.C. 703–712 and 16
Any State or Indian tribe may be more and the opportunity for the public to U.S.C. 742 a–j, Pub. L. 106–108.
restrictive than the Federal frameworks hunt migratory birds would be delayed. BILLING CODE 4310–55–P
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[FR Doc. 07–4660 Filed 9–20–07; 8:45 am]

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Rule: Migratory Bird Hunting: Late-Season Migratory Bird Hunting Regulations

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September 21, 2007

analysis discussed under Executive requirements of the surveys associated

[FR Doc. 07–4660 Filed 9–20–07; 8:45 am]

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