Migratory Bird Hunting; Notice of Intent To Prepare a Supplemental Environmental Impact Statement on the Sport Hunting of Migratory Birds, 53376-53379 [05-17798]
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Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Notices
4770 Buford Highway, MS–K92, Atlanta, GA
30341, Telephone (404) 639–6101.
The Director, Management Analysis and
Services Office, has been delegated the
authority to sign Federal Register notices
pertaining to announcements of meetings and
other committee management activities, for
both CDC and the Agency for Toxic
Substances and Disease Registry.
Dated: September 1, 2005.
Alvin Hall,
Director, Management Analysis and Services
Office, Centers for Disease Control and
Prevention.
[FR Doc. 05–17894 Filed 9–7–05; 8:45 am]
BILLING CODE 4163–18–M
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Proposed Information Collection
Activity; Comment Request
Proposed Projects:
Title: Adolescent Follow-up to the
National Survey of Child and
Adolescent Well-Being.
OMB No.: 0970–0202.
Description: The Department of
Health and Human Services intends to
collect data on a subset of children and
families who have participated in the
National Survey of Child and
Adolescent Well-Being (NSCAW). The
NSCAW was authorized under Section
427 of the Personal Responsibility and
Work Opportunity Reconciliation Act of
1996. The survey began in November
1999 with a national sample of 5,501
children ages 0–14 who had been the
subject of investigation by Child
Protective Services (CPS) during the
base line data collection period, which
extended from November 1999 through
April 2000. Direct assessments and
interviews were conducted with the
children themselves, their primary
caregivers, their caseworkers, and, for
school-aged children, their teachers.
Follow-up data collections were
conducted 12 months, 18 months, and
36 months post-baseline. The current
data collection plan involves a subset of
950 children from the original sample
who were ages 12 and older at baselines,
and who will be ages 18 and older at
follow-up. This group will be in early
adulthood, and this follow-up will
allow for assessing the functioning and
service utilization for this age group as
they enter independent living
situations. The youths will be
interviewed with questions covering
social, emotional and behavioral
adjustment, living arrangements,
employment, service needs, and service
utilization.
The NSCAW is unique in that it is the
only source of nationally representative,
firsthand information about the
functioning and well-being, service
needs, and service utilization of
children and families who come to the
attention of the child welfare system.
Information is collected about children’s
cognitive, social, emotional, behavioral,
and adaptive functioning, as well as
family and community factors that are
likely to influence their functioning.
Family service needs and service
utilization also are addressed in the data
collection.
The data collection for the follow-up
will follow the same format as that used
in previous rounds of data collection,
and will employ the same instruments
that were used for adolescents who had
moved into independent living status in
previous rounds. Data from NSCAW are
made available to the research
community through licensing
arrangements from the National Data
Archive on Child Abuse and neglect,
housed at Cornell University.
Respondents: 950 youths ages 18 and
older.
ANNUAL BURDEN ESTIMATES
Instrument
Number of
respondents
Number of
responses per
respondent
Average
burden hours
per response
Total burden
hours
Youth Interview ................................................................................................
950
1
1.5
1,425
Estimated Total Annual Burden
Hours: 1,425.
In compliance with the requirements
of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Administration for Children and
Families is soliciting public comment
on the specific aspects of the
information collection described above.
Copies of the proposed collection of
information can be obtained and
comments may be forwarded by writing
to the Administration for Children and
Families, Office of Administration,
Office of Information Services, 370
L’Enfant Promenade, SW., Washington,
DC 20447, Attn: ACF Reports Clearance
Officer. E-mail address:
grjohnson@acf.hhs.gov. All requests
should be identified by the title of the
information collection.
The Department specifically requests
comments on: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
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whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (c)
the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted
within 60 days of this publication.
Dated: September 1, 2005.
Robert Sargis,
Reports Clearance Officer.
[FR Doc. 05–17750 Filed 9–7–05; 8:45 am]
BILLING CODE 4184–01–M
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Migratory Bird Hunting; Notice of
Intent To Prepare a Supplemental
Environmental Impact Statement on
the Sport Hunting of Migratory Birds
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent.
AGENCY:
SUMMARY: The U.S. Fish and Wildlife
Service (Service or we) is issuing this
notice to advise the public that we are
initiating efforts to prepare a
Supplemental Environmental Impact
Statement (EIS) for the Sport Hunting of
Migratory Birds under the authority of
the Migratory Bird Treaty Act. The EIS
will consider a range of management
alternatives for addressing sport hunting
of migratory birds under the authority of
the Migratory Bird Treaty Act. The
Service seeks suggestions and comments
on the scope and substance of this
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Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Notices
supplemental EIS, options or
alternatives to be considered, and
important management issues. Federal
and State agencies and the public are
invited to present their views on the
subject to the Service. While we have
yet to determine potential sites of public
scoping meetings, we will publish a
notice of any such public meetings with
the locations, dates, and times in the
Federal Register.
DATES: You must submit written
comments regarding EIS scoping by
January 6, 2006, to the address below.
ADDRESSES: You should send written
comments to the Chief, Division of
Migratory Bird Management, U.S. Fish
and Wildlife Service, Department of the
Interior, MS MBSP–4107–ARLSQ, 1849
C Street, NW., Washington, DC 20240.
Alternately, you may fax comments to
(703) 358–2217 or e-mail comments to
huntingseis@fws.gov. All comments
received, including names and
addresses, will become part of the
public record. Anonymous comments
will not be considered. Further, all
written comments must be submitted on
8.5-by-11-inch paper. You may inspect
comments during normal business
hours in room 4107, 4501 North Fairfax
Drive, Arlington, Virginia.
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:
Background and Overview
Migratory game birds are those bird
species so designated in bilateral
conventions between the United States
and Canada, Mexico, Japan, and Russia
for the protection and management of
these birds. Under the Migratory Bird
Treaty Act and the Fish and Wildlife
Improvement Act of 1978 (16 U.S.C.
703–712), the Secretary of the Interior is
authorized to determine when ‘‘hunting,
taking, capture, killing, possession, sale,
purchase, shipment, transportation,
carriage, or export of any * * * bird, or
any part, nest or egg’’ of migratory game
birds can take place, and to adopt
regulations for this purpose. These
regulations are issued with due regard
to ‘‘the zones of temperature and the
distribution, abundance, economic
value, breeding habits, and times and
lines of migratory flight of such birds’’
and compatibility with the conventions.
This responsibility has been delegated
to the U.S. Fish and Wildlife Service of
the Department of the Interior as the
lead Federal agency for managing and
conserving migratory birds in the
United States.
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The Service currently promulgates
regulations allowing and governing the
hunting of migratory game birds in the
families Anatidae (waterfowl), Gruidae
(cranes), Rallidae (rails), Scolopacidae
(snipe and woodcock), and Columbidae
(doves and pigeons). Regulations
governing seasons and limits are
promulgated annually, in part due to
considerations such as the abundance of
birds, which can change from year to
year, and are developed by establishing
the frameworks, or outside limits, for
earliest opening and latest closing dates,
season lengths, limits (daily bag and
possession), and areas for migratory
game bird hunting. These ‘‘annual’’
regulations have been promulgated by
the Service each year since 1918. Other
regulations, termed ‘‘basic’’ regulations
(for example, those governing hunting
methods), are promulgated once and
changed only when a need to do so
arises. All hunting regulations are
contained in 50 CFR parts 20 and 92.
The Current Process for Establishing
Sport Hunting Regulations
Acknowledging regional differences
in hunting conditions and an increased
understanding of population status and
distribution, the Service in 1947
administratively divided the nation into
four Flyways for the primary purpose of
managing the harvest of migratory game
birds. Each Flyway (Atlantic,
Mississippi, Central, and Pacific) has a
Flyway Council, a formal organization
generally composed of one member
from each State and Province in that
Flyway. The Flyway Councils,
established through the International
Association of Fish and Wildlife
Agencies (IAFWA), also assist in
researching and providing migratory
game bird management information for
Federal, State, and Provincial
Governments, as well as private
conservation agencies and the general
public.
The annual establishment of
migratory game bird hunting regulations
is constrained by three primary factors.
Legal and administrative considerations
dictate how long the rulemaking process
will last. Most importantly, however,
the biological cycles of migratory game
birds control the timing of datagathering activities and thus the dates
on which these results are available for
consideration and deliberation.
The process includes two separate
regulations-development schedules,
based on early and late hunting-season
regulations. Early hunting seasons
pertain to all migratory game bird
species in Alaska, Hawaii, Puerto Rico,
and the Virgin Islands; migratory game
birds other than waterfowl (i.e., dove,
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woodcock, etc.); and special early
waterfowl seasons, such as those for teal
or resident Canada geese. Early hunting
seasons generally begin in early
September. Late hunting seasons
generally start in late September, and
include most waterfowl seasons not
already established.
There are basically no differences in
the processes for establishing early and
late hunting seasons. For each cycle,
Service biologists gather, analyze, and
interpret biological survey data and
provide this information to all those
involved in the process through a series
of published status reports and
presentations to Flyway Councils and
other interested parties. Because the
Service is required to take abundance of
migratory game birds and other factors
into consideration, the Service
undertakes a number of surveys
throughout the year in conjunction with
Service Regional Offices, the Canadian
Wildlife Service, and State and
Provincial wildlife-management
agencies. To determine the appropriate
frameworks for each species, we
consider factors such as population size
and trend, geographic distribution,
annual breeding effort, the condition of
breeding and wintering habitat, the
number of hunters, and the anticipated
harvest.
After frameworks are established by
the Service for outside dates, season
lengths, limits, and areas for migratory
game bird hunting, States then select
season dates, limits, and other
regulatory options for their respective
hunting seasons. States may be more
conservative in their selections than the
Federal frameworks allow but not more
liberal.
The Tribal Process
Beginning with the 1985–86 hunting
season, we have employed guidelines
described in the June 4, 1985, Federal
Register (50 FR 23467) to establish
special migratory game bird hunting
regulations on Federal Indian
reservations (including off-reservation
trust lands) and ceded lands. We
developed these guidelines in response
to tribal requests for our recognition of
their reserved hunting rights, and for
some tribes, recognition of their
authority to regulate hunting by both
tribal and nontribal members
throughout their reservations. The
current guidelines include possibilities
for:
(1) On-reservation hunting by both
tribal and nontribal members, with
hunting by nontribal members on some
reservations to take place within Federal
frameworks, but on dates different from
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those selected by the surrounding
State(s);
(2) On-reservation hunting by tribal
members only, outside of usual Federal
frameworks for season dates and length,
and for daily bag and possession limits;
and
(3) Off-reservation hunting by tribal
members on ceded lands, outside of
usual framework dates and season
length, with some added flexibility in
daily bag and possession limits.
In all cases, tribal regulations
established under the guidelines must
be consistent with the annual March 10
to September 1 closed season mandated
by the 1916 Convention Between the
United States and Great Britain (for
Canada) for the Protection of Migratory
Birds (Convention). The guidelines are
applicable to those tribes that have
reserved hunting rights on Federal
Indian reservations (including offreservation trust lands) and ceded lands.
They also may be applied to the
establishment of migratory game bird
hunting regulations for nontribal
members on all lands within the
exterior boundaries of reservations
where tribes have full wildlife
management authority over such
hunting, or where the tribes and affected
States otherwise have reached
agreement over hunting by nontribal
members on non-Indian lands.
The current process for establishing
special migratory bird hunting
regulations for certain tribes on Federal
Indian reservations, off-reservation trust
lands, and ceded lands consists of active
solicitation of regulatory proposals from
tribal groups that are interested in
working cooperatively for the benefit of
waterfowl and other migratory game
birds. We encourage Tribes to work with
us to develop agreements for
management of migratory bird resources
on tribal lands. Following submission of
tribal proposals and review of proposals
and population status information,
proposed and final rules are published
in a subsequent series of Federal
Register documents. Similar to the
establishment of the sport-hunting
regulations, regulations are established
for early-season and late-season
hunting.
The Alaska Subsistence Process
In 1916, the United States and Great
Britain (on behalf of Canada) signed the
Convention for the Protection of
Migratory Birds in Canada and the
United States (Canada Treaty). In 1936,
the United States and Mexico signed the
Convention for the Protection of
Migratory Birds and Game Mammals
(Mexico Treaty). In combination, the
treaties prohibited all commercial bird
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hunting and specified a closed season
on the taking of migratory game birds
between March 10 and September 1 of
each year. Additionally, and
unfortunately, neither treaty adequately
allowed for the traditional harvest of
migratory birds by northern peoples
during the spring and summer months.
This harvest, which has occurred for
centuries, was and is necessary to the
subsistence way of life in the North and
thus continued despite the closed
season.
To remedy this situation, the United
States negotiated Protocols amending
the treaties to allow for subsistence
harvest of migratory birds by indigenous
inhabitants of identified subsistence
harvest areas in Alaska. The U.S. Senate
approved the amendments to both
treaties in 1997.
The major goals of the amended treaty
with Canada were to allow traditional
subsistence harvest and improve
conservation of migratory birds by
allowing effective regulation of this
harvest. The amended treaty with
Canada provides a means to allow
permanent residents of villages within
subsistence harvest areas, regardless of
race, to continue harvesting migratory
birds between March 10 and September
1 as they have done for thousands of
years.
In 1998, we began a public
involvement process to determine how
to structure management bodies to
provide the most effective and efficient
involvement for subsistence users. This
process was concluded on March 28,
2000, when we published in the Federal
Register (65 FR 16405) the Notice of
Decision: ‘‘Establishment of
Management Bodies in Alaska to
Develop Recommendations Related to
the Spring/Summer Subsistence Harvest
of Migratory Birds.’’ This notice
described the establishment and
organization of 12 regional management
bodies plus the Alaska Migratory Bird
Co-management Council (Comanagement Council).
Establishment of a migratory bird
subsistence harvest began on August 16,
2002, when we published in the Federal
Register (67 FR 53511) a final rule at 50
CFR part 92 that set procedures for
incorporating subsistence management
into the continental migratory bird
management program. These regulations
established an annual procedure to
develop harvest guidelines to
implement a subsistence migratory bird
harvest.
The first subsistence migratory bird
harvest system was finalized on July 21,
2003, when we published in the Federal
Register (68 FR 43010) a final rule at 50
CFR parts 20, 21, and 92 that created the
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first annual harvest regulations for the
2003 subsistence migratory bird season
in Alaska. These annual frameworks
were not intended to be a complete, allinclusive set of regulations, but were
intended to regulate continuation of
customary and traditional subsistence
uses of migratory birds in Alaska during
the spring and summer. See the August
16, 2002, July 21, 2003, and April 2,
2004 (69 FR 17318), final rules for
additional background information on
the subsistence harvest program for
migratory birds in Alaska.
Past NEPA Considerations—1975 EIS
and 1988 SEIS
Migratory bird hunting is an activity
of considerable ecological and socioeconomic importance. Recent analyses
indicate that the expected welfare
benefit of the annual migratory bird
hunting frameworks is on the order of
$734 million to $1.064 billion. Further,
we estimated that migratory bird
hunters would spend between $481
million and $1.2 billion at small
businesses in 2004.
In June 1975, we published a
programmatic document, ‘‘Final
Environmental Statement for Issuance of
Annual Regulations Permitting the
Sport Hunting of Migratory Birds (FES
75–54).’’ The continuation of annual
regulations was the proposed action and
the preferred alternative. In 1988, we
published an additional 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). The 1988 SEIS
maintained the proposed action of
issuing annual migratory bird hunting
regulations. The Service’s preferred
alternative in the 1988 SEIS was to
stabilize the so-called ‘‘framework’’
regulations (outside dates, season
lengths, and limits) for fixed periods of
time, subject to annual review and
possible change according to population
status; and to control the use of
‘‘special’’ regulations (e.g., special
seasons).
Since 1988, a number of
developments have occurred. The status
of some migratory bird populations has
changed significantly. Advances in the
collection and interpretation of data
have been made, including expansion of
breeding-ground waterfowl surveys and
implementation of the Harvest
Information Program. Adaptive Harvest
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Management is now used as an
approach for setting duck-hunting
regulations in the United States and
provides a framework for making
objective decisions despite continued
uncertainty about waterfowl population
dynamics and regulatory impacts. The
Alaska migratory bird subsistence
regulations have been in existence since
2003. These developments and others
make it desirable to supplement the
preceding EIS documents and
reexamine some of the issues associated
with the issuance of annual regulations.
Dated: August 24, 2005.
Matt Hogan,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 05–17798 Filed 9–7–05; 8:45 am]
Issue Resolution and Environmental
Review
AGENCY:
We intend to develop a supplemental
EIS on the ‘‘Issuance of Annual
Regulations Permitting the Sport
Hunting of Migratory Birds,’’ beginning
the process with this announcement.
Federal and State agencies, private
conservation organizations, and all
other interested parties and individuals
are invited to participate in the process
by presenting their views on the subject.
We seek suggestions and comments
regarding the scope and substance of
this supplemental EIS, particular issues
to be addressed and why, and options
or alternatives to be considered. In
particular, in regard to the scope and
substance of this supplemental EIS, we
seek comments on the following:
(1) Harvest management alternatives
for migratory game birds to be
considered,
(2) Limiting the scope of the
assessment to sport hunting (i.e.,
exclusion of the Alaska migratory bird
subsistence process), and
(3) Inclusion of basic regulations
(methods and means).
Comments should be forwarded to the
above address by the deadline
indicated. We will conduct the
development of this supplemental EIS
in accordance with the requirements of
the National Environmental Policy Act
of 1969 as amended (42 U.S.C. 4371 et
seq.), other appropriate federal
regulations, and Service procedures for
compliance with those regulations. We
are furnishing this Notice in accordance
with 40 CFR 1501.7, to obtain
suggestions and information from other
agencies, tribes, and the public on the
scope of issues to be addressed in the
supplemental EIS.
Public Scoping Meetings
A schedule of public scoping meeting
dates, locations, and times is not
available at this time. We will publish
a notice of any such meetings in the
Federal Register.
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BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Big Game Guiding on National Wildlife
Refuges in Alaska
Fish and Wildlife Service,
Interior.
ACTION: Notice of solicitation.
SUMMARY: The U.S. Fish and Wildlife
Service is soliciting proposals to
conduct commercial big game guide
services in six guide use areas on five
national wildlife refuges in Alaska.
DATES: Proposals must be postmarked
by, or hand delivered to the Alaska
Regional Office at the address indicated
below by, November 14, 2005.
FOR FURTHER INFORMATION CONTACT:
Tony Booth or Debbie Steen, U.S. Fish
and Wildlife Service, National Wildlife
Refuge System—Alaska, Division of
Visitor Services and Communications,
1011 East Tudor Road, M.S. 235,
Anchorage, Alaska 99503; Telephone:
(907) 786–3384 (Tony) or (907) 786–
3665 (Debbie).
SUPPLEMENTARY INFORMATION: The U.S.
Fish and Wildlife Service is requesting
proposals to conduct commercial big
game guide services within guide use
areas on four national wildlife refuges in
Alaska that have become vacant or may
become vacant soon. We will authorize
big game guiding services on these areas
for the period January 1, 2006, through
December 31, 2010. We will award
permits to conduct guiding services in
these areas through a competitive
selection process that is described in the
prospectus. The offerings will include
the following guide use areas:
Alaska Maritime Refuge—AKM–03
Alaska Peninsula/Becharof Refuge—
BCH–06
Arctic Refuge—ARC–01, ARC–08
Kanuti Refuge—KAN–01
Koyukuk Refuge—KOY–02
Interested qualified guides who apply
for the guide areas on the Arctic Refuge
should be aware that the availability of
both of those areas is uncertain at this
time because the existing permittee may
seek reconsideration or appeal a
decision to not renew the permits.
Interested qualified guides who apply
for the guide area on the Koyukuk
Refuge should be aware that the Service
is in the process of revoking the existing
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KOY–02 permit. Since the Service does
not plan to issue a separate notice for
the Arctic and Koyukuk offerings,
interested parties should submit
proposals in response to this notice.
We will send a letter announcing
these offerings to all State of Alaskaregistered big game guides. You must
postmark or hand deliver proposals to
the Service at the address indicated
above by 4 p.m., November 14, 2005.
Copies of the solicitation are available
to any interested party by calling or
writing the above telephone number or
address.
Rowan W. Gould,
Regional Director, Anchorage, Alaska.
[FR Doc. 05–17760 Filed 9–7–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Indian Reservation Roads Program
Coordinating Committee
Bureau of Indian Affairs,
Interior.
ACTION: Notice of the formulation of the
Indian Reservation Roads Program
Coordinating Committee under 25 CFR
170.155–158.
AGENCY:
SUMMARY: The Secretary of the Interior
is appointing tribal regional
representatives to the Indian
Reservation Roads (IRR) Program
Coordinating Committee (Committee) as
outlined under 25 CFR 170. The IRR
final rules amending 25 CFR 170
include establishing a Committee to
provide input and recommendations to
the Bureau of Indian Affairs (BIA) and
the Federal Highway Administration
(FHWA) in developing IRR Program
policies and procedures and to
coordinate with and obtain input from
tribes, BIA, and FHWA.
The Secretary announced on February
13, 2005, the request for nominations
from tribal governments for
representatives and alternates to serve
on the Committee. Based on review of
those nominations, the Secretary is
announcing the representatives who
will serve on the Committee in each of
the 12 BIA regions.
FOR FURTHER INFORMATION CONTACT: Mr.
LeRoy Gishi, Chief, Division of
Transportation, Bureau of Indian
Affairs, 1951 Constitution Avenue, NW.,
Mail Stop 20–SIB, Washington, DC
20240, Telephone 202–513–7711 or Fax
202–208–4696.
SUPPLEMENTARY INFORMATION: The IRR
final rules amending 25 CFR 170,
effective November 13, 2004, are the
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[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Notices]
[Pages 53376-53379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17798]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Migratory Bird Hunting; Notice of Intent To Prepare a
Supplemental Environmental Impact Statement on the Sport Hunting of
Migratory Birds
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is issuing
this notice to advise the public that we are initiating efforts to
prepare a Supplemental Environmental Impact Statement (EIS) for the
Sport Hunting of Migratory Birds under the authority of the Migratory
Bird Treaty Act. The EIS will consider a range of management
alternatives for addressing sport hunting of migratory birds under the
authority of the Migratory Bird Treaty Act. The Service seeks
suggestions and comments on the scope and substance of this
[[Page 53377]]
supplemental EIS, options or alternatives to be considered, and
important management issues. Federal and State agencies and the public
are invited to present their views on the subject to the Service. While
we have yet to determine potential sites of public scoping meetings, we
will publish a notice of any such public meetings with the locations,
dates, and times in the Federal Register.
DATES: You must submit written comments regarding EIS scoping by
January 6, 2006, to the address below.
ADDRESSES: You should send written comments to the Chief, Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, Department
of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street, NW., Washington, DC
20240. Alternately, you may fax comments to (703) 358-2217 or e-mail
comments to huntingseis@fws.gov. All comments received, including names
and addresses, will become part of the public record. Anonymous
comments will not be considered. Further, all written comments must be
submitted on 8.5-by-11-inch paper. You may inspect comments during
normal business hours in room 4107, 4501 North Fairfax Drive,
Arlington, Virginia.
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:
Background and Overview
Migratory game birds are those bird species so designated in
bilateral conventions between the United States and Canada, Mexico,
Japan, and Russia for the protection and management of these birds.
Under the Migratory Bird Treaty Act and the Fish and Wildlife
Improvement Act of 1978 (16 U.S.C. 703-712), the Secretary of the
Interior is authorized to determine when ``hunting, taking, capture,
killing, possession, sale, purchase, shipment, transportation,
carriage, or export of any * * * bird, or any part, nest or egg'' of
migratory game birds can take place, and to adopt regulations for this
purpose. These regulations are issued with due regard to ``the zones of
temperature and the distribution, abundance, economic value, breeding
habits, and times and lines of migratory flight of such birds'' and
compatibility with the conventions. This responsibility has been
delegated to the U.S. Fish and Wildlife Service of the Department of
the Interior as the lead Federal agency for managing and conserving
migratory birds in the United States.
The Service currently promulgates regulations allowing and
governing the hunting of migratory game birds in the families Anatidae
(waterfowl), Gruidae (cranes), Rallidae (rails), Scolopacidae (snipe
and woodcock), and Columbidae (doves and pigeons). Regulations
governing seasons and limits are promulgated annually, in part due to
considerations such as the abundance of birds, which can change from
year to year, and are developed by establishing the frameworks, or
outside limits, for earliest opening and latest closing dates, season
lengths, limits (daily bag and possession), and areas for migratory
game bird hunting. These ``annual'' regulations have been promulgated
by the Service each year since 1918. Other regulations, termed
``basic'' regulations (for example, those governing hunting methods),
are promulgated once and changed only when a need to do so arises. All
hunting regulations are contained in 50 CFR parts 20 and 92.
The Current Process for Establishing Sport Hunting Regulations
Acknowledging regional differences in hunting conditions and an
increased understanding of population status and distribution, the
Service in 1947 administratively divided the nation into four Flyways
for the primary purpose of managing the harvest of migratory game
birds. Each Flyway (Atlantic, Mississippi, Central, and Pacific) has a
Flyway Council, a formal organization generally composed of one member
from each State and Province in that Flyway. The Flyway Councils,
established through the International Association of Fish and Wildlife
Agencies (IAFWA), also assist in researching and providing migratory
game bird management information for Federal, State, and Provincial
Governments, as well as private conservation agencies and the general
public.
The annual establishment of migratory game bird hunting regulations
is constrained by three primary factors. Legal and administrative
considerations dictate how long the rulemaking process will last. Most
importantly, however, the biological cycles of migratory game birds
control the timing of data-gathering activities and thus the dates on
which these results are available for consideration and deliberation.
The process includes two separate regulations-development
schedules, based on early and late hunting-season regulations. Early
hunting seasons pertain to all migratory game bird species in Alaska,
Hawaii, Puerto Rico, and the Virgin Islands; migratory game birds other
than waterfowl (i.e., dove, woodcock, etc.); and special early
waterfowl seasons, such as those for teal or resident Canada geese.
Early hunting seasons generally begin in early September. Late hunting
seasons generally start in late September, and include most waterfowl
seasons not already established.
There are basically no differences in the processes for
establishing early and late hunting seasons. For each cycle, Service
biologists gather, analyze, and interpret biological survey data and
provide this information to all those involved in the process through a
series of published status reports and presentations to Flyway Councils
and other interested parties. Because the Service is required to take
abundance of migratory game birds and other factors into consideration,
the Service undertakes a number of surveys throughout the year in
conjunction with Service Regional Offices, the Canadian Wildlife
Service, and State and Provincial wildlife-management agencies. To
determine the appropriate frameworks for each species, we consider
factors such as population size and trend, geographic distribution,
annual breeding effort, the condition of breeding and wintering
habitat, the number of hunters, and the anticipated harvest.
After frameworks are established by the Service for outside dates,
season lengths, limits, and areas for migratory game bird hunting,
States then select season dates, limits, and other regulatory options
for their respective hunting seasons. States may be more conservative
in their selections than the Federal frameworks allow but not more
liberal.
The Tribal Process
Beginning with the 1985-86 hunting season, we have employed
guidelines described in the June 4, 1985, Federal Register (50 FR
23467) to establish special migratory game bird hunting regulations on
Federal Indian reservations (including off-reservation trust lands) and
ceded lands. We developed these guidelines in response to tribal
requests for our recognition of their reserved hunting rights, and for
some tribes, recognition of their authority to regulate hunting by both
tribal and nontribal members throughout their reservations. The current
guidelines include possibilities for:
(1) On-reservation hunting by both tribal and nontribal members,
with hunting by nontribal members on some reservations to take place
within Federal frameworks, but on dates different from
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those selected by the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of usual
Federal frameworks for season dates and length, and for daily bag and
possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits.
In all cases, tribal regulations established under the guidelines
must be consistent with the annual March 10 to September 1 closed
season mandated by the 1916 Convention Between the United States and
Great Britain (for Canada) for the Protection of Migratory Birds
(Convention). The guidelines are applicable to those tribes that have
reserved hunting rights on Federal Indian reservations (including off-
reservation trust lands) and ceded lands. They also may be applied to
the establishment of migratory game bird hunting regulations for
nontribal members on all lands within the exterior boundaries of
reservations where tribes have full wildlife management authority over
such hunting, or where the tribes and affected States otherwise have
reached agreement over hunting by nontribal members on non-Indian
lands.
The current process for establishing special migratory bird hunting
regulations for certain tribes on Federal Indian reservations, off-
reservation trust lands, and ceded lands consists of active
solicitation of regulatory proposals from tribal groups that are
interested in working cooperatively for the benefit of waterfowl and
other migratory game birds. We encourage Tribes to work with us to
develop agreements for management of migratory bird resources on tribal
lands. Following submission of tribal proposals and review of proposals
and population status information, proposed and final rules are
published in a subsequent series of Federal Register documents. Similar
to the establishment of the sport-hunting regulations, regulations are
established for early-season and late-season hunting.
The Alaska Subsistence Process
In 1916, the United States and Great Britain (on behalf of Canada)
signed the Convention for the Protection of Migratory Birds in Canada
and the United States (Canada Treaty). In 1936, the United States and
Mexico signed the Convention for the Protection of Migratory Birds and
Game Mammals (Mexico Treaty). In combination, the treaties prohibited
all commercial bird hunting and specified a closed season on the taking
of migratory game birds between March 10 and September 1 of each year.
Additionally, and unfortunately, neither treaty adequately allowed for
the traditional harvest of migratory birds by northern peoples during
the spring and summer months. This harvest, which has occurred for
centuries, was and is necessary to the subsistence way of life in the
North and thus continued despite the closed season.
To remedy this situation, the United States negotiated Protocols
amending the treaties to allow for subsistence harvest of migratory
birds by indigenous inhabitants of identified subsistence harvest areas
in Alaska. The U.S. Senate approved the amendments to both treaties in
1997.
The major goals of the amended treaty with Canada were to allow
traditional subsistence harvest and improve conservation of migratory
birds by allowing effective regulation of this harvest. The amended
treaty with Canada provides a means to allow permanent residents of
villages within subsistence harvest areas, regardless of race, to
continue harvesting migratory birds between March 10 and September 1 as
they have done for thousands of years.
In 1998, we began a public involvement process to determine how to
structure management bodies to provide the most effective and efficient
involvement for subsistence users. This process was concluded on March
28, 2000, when we published in the Federal Register (65 FR 16405) the
Notice of Decision: ``Establishment of Management Bodies in Alaska to
Develop Recommendations Related to the Spring/Summer Subsistence
Harvest of Migratory Birds.'' This notice described the establishment
and organization of 12 regional management bodies plus the Alaska
Migratory Bird Co-management Council (Co-management Council).
Establishment of a migratory bird subsistence harvest began on
August 16, 2002, when we published in the Federal Register (67 FR
53511) a final rule at 50 CFR part 92 that set procedures for
incorporating subsistence management into the continental migratory
bird management program. These regulations established an annual
procedure to develop harvest guidelines to implement a subsistence
migratory bird harvest.
The first subsistence migratory bird harvest system was finalized
on July 21, 2003, when we published in the Federal Register (68 FR
43010) a final rule at 50 CFR parts 20, 21, and 92 that created the
first annual harvest regulations for the 2003 subsistence migratory
bird season in Alaska. These annual frameworks were not intended to be
a complete, all-inclusive set of regulations, but were intended to
regulate continuation of customary and traditional subsistence uses of
migratory birds in Alaska during the spring and summer. See the August
16, 2002, July 21, 2003, and April 2, 2004 (69 FR 17318), final rules
for additional background information on the subsistence harvest
program for migratory birds in Alaska.
Past NEPA Considerations--1975 EIS and 1988 SEIS
Migratory bird hunting is an activity of considerable ecological
and socio-economic importance. Recent analyses indicate that the
expected welfare benefit of the annual migratory bird hunting
frameworks is on the order of $734 million to $1.064 billion. Further,
we estimated that migratory bird hunters would spend between $481
million and $1.2 billion at small businesses in 2004.
In June 1975, we published a programmatic document, ``Final
Environmental Statement for Issuance of Annual Regulations Permitting
the Sport Hunting of Migratory Birds (FES 75-54).'' The continuation of
annual regulations was the proposed action and the preferred
alternative. In 1988, we published an additional 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). The 1988 SEIS maintained the proposed action of issuing
annual migratory bird hunting regulations. The Service's preferred
alternative in the 1988 SEIS was to stabilize the so-called
``framework'' regulations (outside dates, season lengths, and limits)
for fixed periods of time, subject to annual review and possible change
according to population status; and to control the use of ``special''
regulations (e.g., special seasons).
Since 1988, a number of developments have occurred. The status of
some migratory bird populations has changed significantly. Advances in
the collection and interpretation of data have been made, including
expansion of breeding-ground waterfowl surveys and implementation of
the Harvest Information Program. Adaptive Harvest
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Management is now used as an approach for setting duck-hunting
regulations in the United States and provides a framework for making
objective decisions despite continued uncertainty about waterfowl
population dynamics and regulatory impacts. The Alaska migratory bird
subsistence regulations have been in existence since 2003. These
developments and others make it desirable to supplement the preceding
EIS documents and reexamine some of the issues associated with the
issuance of annual regulations.
Issue Resolution and Environmental Review
We intend to develop a supplemental EIS on the ``Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds,''
beginning the process with this announcement. Federal and State
agencies, private conservation organizations, and all other interested
parties and individuals are invited to participate in the process by
presenting their views on the subject. We seek suggestions and comments
regarding the scope and substance of this supplemental EIS, particular
issues to be addressed and why, and options or alternatives to be
considered. In particular, in regard to the scope and substance of this
supplemental EIS, we seek comments on the following:
(1) Harvest management alternatives for migratory game birds to be
considered,
(2) Limiting the scope of the assessment to sport hunting (i.e.,
exclusion of the Alaska migratory bird subsistence process), and
(3) Inclusion of basic regulations (methods and means).
Comments should be forwarded to the above address by the deadline
indicated. We will conduct the development of this supplemental EIS in
accordance with the requirements of the National Environmental Policy
Act of 1969 as amended (42 U.S.C. 4371 et seq.), other appropriate
federal regulations, and Service procedures for compliance with those
regulations. We are furnishing this Notice in accordance with 40 CFR
1501.7, to obtain suggestions and information from other agencies,
tribes, and the public on the scope of issues to be addressed in the
supplemental EIS.
Public Scoping Meetings
A schedule of public scoping meeting dates, locations, and times is
not available at this time. We will publish a notice of any such
meetings in the Federal Register.
Dated: August 24, 2005.
Matt Hogan,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 05-17798 Filed 9-7-05; 8:45 am]
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