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, 51946-51981 [05-17238]
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51946
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations
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
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
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.
This rule is effective on
September 1, 2005.
DATES:
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 §§ 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
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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
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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 https://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 https://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
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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
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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.
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List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
Federal Regulations is amended as
follows:
PART 20—[AMENDED]
1. The authority citation for part 20
continues to read as follows:
Dated: August 12, 2005.
Julie MacDonald,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
I
For the reasons set out in the
preamble, title 50, chapter I, subchapter
B, part 20, subpart K of the Code of
BILLING CODE 4310–55–P
I
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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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BILLING CODE 4310–55–C
]]>Agencies
[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Rules and Regulations]
[Pages 51946-51981]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17238]
[[Page 51945]]
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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
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 /
Rules and Regulations
[[Page 51946]]
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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 https://
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 https://
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.
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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]
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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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