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, 50164-50199 [07-4255]

Download as PDF 50164 Federal Register / Vol. 72, No. 168 / Thursday, August 30, 2007 / Rules and Regulations DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 RIN 1018–AV12 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: yshivers on PROD1PC66 with RULES2 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 2007–08 season. DATES: This rule is effective on September 1, 2007. ADDRESSES: You may inspect comments received on the migratory bird hunting regulations during normal business hours at the Service’s office in room 4107, Arlington Square Building, 4501 N. Fairfax Drive, Arlington, Virginia. You may obtain copies of referenced reports from the address above or from the Division of Migratory Bird Management’s Web site at https:// www.fws.gov/migratorybirds/reports/ reports.html. FOR FURTHER INFORMATION CONTACT: Robert Blohm, Chief, or Ron W. Kokel, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, (703) 358–1714. SUPPLEMENTARY INFORMATION: Regulations Schedule for 2007 On April 11, 2007, we published in the Federal Register (72 FR 18328) 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, proposed regulatory alternatives for the 2007–08 duck hunting season, and other regulations for hunting migratory game birds under §§ 20.101 through 20.107, 20.109, and 20.110 of subpart K. Major VerDate Aug<31>2005 13:13 Aug 29, 2007 Jkt 211001 steps in the 2007–08 regulatory cycle relating to open public meetings and Federal Register notifications were also identified in the April 11 proposed rule. On June 8, 2007, we published in the Federal Register (72 FR 31789) a second document providing supplemental proposals for early- and late-season migratory bird hunting regulations and the regulatory alternatives for the 2007– 08 duck hunting season. The June 8 supplement also provided detailed information on the 2007–08 regulatory schedule and announced the Service Migratory Bird Regulations Committee (SRC) and Flyway Council meetings. On June 20 and 21, 2007, 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 2007–08 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 2007–08 regular waterfowl seasons. On July 23, 2007, we published in the Federal Register (72 FR 40194) a third document specifically dealing with the proposed frameworks for early-season regulations. On August 28, 2007, we published a fourth 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. On August 1–2, 2007, we held open meetings with the Flyway Council Consultants at which the participants reviewed the status of waterfowl and developed recommendations for the 2007–08 regulations for these species. Proposed hunting regulations were discussed for late seasons. We published proposed frameworks for the 2007–08 late-season migratory bird hunting regulations in a late August 2007 Federal Register. 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, PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 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. National Environmental Policy Act 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). We published our Record of Decision on August 18, 1988 (53 FR 31341). Annual NEPA considerations are covered under a separate Environmental Assessment (EA), ‘‘Duck Hunting Regulations for 2007–08,’’ and an August 2007, Finding of No Significant Impact (FONSI). Copies of the EA and FONSI are available upon request from the address indicated under ADDRESSES. In a notice published in the September 8, 2005, Federal Register (70 FR 53376), we announced our intent to develop a new Supplemental Environmental Impact Statement for the migratory bird hunting program. Public scoping meetings were held in the spring of 2006, as detailed in a March 9, 2006, Federal Register (71 FR 12216). A scoping report summarizing the scoping comments and scoping meetings is available either at the address indicated under ADDRESSES or on our Web site at https://www.fws.gov/ migratorybirds. Endangered Species Act Consideration Section 7 of the Endangered Species Act, as amended (16 U.S.C. 1531–1543; 87 Stat. 884), provides that, ‘‘The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this Act’’ (and) shall ‘‘insure that any action authorized, funded, or carried out * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat * * *.’’ Consequently, we conducted formal consultations to ensure that actions resulting from these regulations would not likely jeopardize the continued existence of endangered or threatened E:\FR\FM\30AUR2.SGM 30AUR2 Federal Register / Vol. 72, No. 168 / Thursday, August 30, 2007 / Rules and Regulations 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. yshivers on PROD1PC66 with RULES2 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 under the heading Regulatory Flexibility Act. 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. This year, due to limited data availability, we partially updated the 2004 analysis, but restricted our analysis to duck hunting. Results indicate that the total consumer surplus of the annual duck hunting frameworks is on the order of $222 to $360 million, with a mid-point estimate of $291 million. We plan to perform a full update of the analysis in 2008. Copies of the updated analysis are available upon request from the address indicated under ADDRESSES or from our Web site at https://www.fws.gov/migratorybirds/ reports/SpecialTopics/ EconomicAnalysis-2007Update.pdf. 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 VerDate Aug<31>2005 13:13 Aug 29, 2007 Jkt 211001 50165 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.fws.gov/migratorybirds. This year, due to limited data availability, we partially updated the 2004 analysis, but restricted our analysis to duck hunting. Results indicate that the duck hunters would spend between $291 million and $473.5 million at small businesses in 2007. We plan to perform a full update of the analysis in 2008 when the full results from the 2006 National Hunting and Fishing Survey is available. Copies of the updated analysis are available upon request from the address indicated under ADDRESSES or from our Web site at https://www.fws.gov/migratorybirds/ reports/SpecialTopics/ EconomicAnalysis-2007Update.pdf. 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. 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 it 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). 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. Paperwork Reduction Act We examined these regulations under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. The various recordkeeping and reporting requirements imposed under regulations established in 50 CFR part 20, subpart K, are utilized in the formulation of migratory game bird hunting regulations. Specifically, OMB has approved the information collection requirements of 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 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 Unfunded Mandates Reform Act We have determined and certify, in compliance with the requirements of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State government or private entities. Therefore, this rule is not a ‘‘significant regulatory action’’ under the Unfunded Mandates Reform Act. Civil Justice Reform—Executive Order 12988 In promulgating this rule, we have determined that it will not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988. 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. E:\FR\FM\30AUR2.SGM 30AUR2 50166 Federal Register / Vol. 72, No. 168 / Thursday, August 30, 2007 / Rules and Regulations Government-to-Government Relationship With Tribes Due to the migratory nature of certain species of birds, the Federal Government has been given responsibility over these species by the Migratory Bird Treaty Act. Thus, in accordance with the President’s memorandum of April 29, 1994, ‘‘Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no effects on Indian trust resources. However, in the April 11 proposed rule (72 FR 18328) we solicited proposals for special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2007–08 migratory bird hunting season. The resulting proposals will be contained in a separate proposed rule. By virtue of these actions, we have consulted with all the Tribes affected by this rule. Federalism Effects yshivers on PROD1PC66 with RULES2 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 VerDate Aug<31>2005 13:13 Aug 29, 2007 Jkt 211001 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. 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 were a delay in the effective date of these regulations after this final rulemaking, States would have insufficient time to select season dates and limits, to communicate those selections to us, and PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 to establish and publicize the necessary regulations and procedures to implement their decisions. We therefore find that ‘‘good cause’’ exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and these regulations will, 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 22, 2007. Todd Willens, Acting Assistant Secretary for Fish and Wildlife and Parks. 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: I PART 20—[AMENDED] 1. The authority citation for part 20 continues to read as follows: I Authority: 16 U.S.C. 703–712 and 16 U.S.C. 742 a–j, Pub. L. 106–108. BILLING CODE 4310–55–P E:\FR\FM\30AUR2.SGM 30AUR2 VerDate Aug<31>2005 13:13 Aug 29, 2007 Jkt 211001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4725 E:\FR\FM\30AUR2.SGM 30AUR2 50167 ER30AU07.000</GPH> yshivers on PROD1PC66 with RULES2 Federal Register / Vol. 72, No. 168 / Thursday, August 30, 2007 / Rules and Regulations VerDate Aug<31>2005 Federal Register / Vol. 72, No. 168 / Thursday, August 30, 2007 / Rules and Regulations 13:13 Aug 29, 2007 Jkt 211001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4725 E:\FR\FM\30AUR2.SGM 30AUR2 ER30AU07.001</GPH> yshivers on PROD1PC66 with RULES2 50168 VerDate Aug<31>2005 13:13 Aug 29, 2007 Jkt 211001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4725 E:\FR\FM\30AUR2.SGM 30AUR2 50169 ER30AU07.002</GPH> yshivers on PROD1PC66 with RULES2 Federal Register / Vol. 72, No. 168 / Thursday, August 30, 2007 / Rules and Regulations VerDate Aug<31>2005 Federal Register / Vol. 72, No. 168 / Thursday, August 30, 2007 / Rules and Regulations 13:13 Aug 29, 2007 Jkt 211001 PO 00000 Frm 00008 Fmt 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Agencies

[Federal Register Volume 72, Number 168 (Thursday, August 30, 2007)]
[Rules and Regulations]
[Pages 50164-50199]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4255]



[[Page 50163]]

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Part II





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. 72, No. 168 / Thursday, August 30, 2007 / 
Rules and Regulations

[[Page 50164]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AV12


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 2007-08 season.

DATES: This rule is effective on September 1, 2007.

ADDRESSES: You may inspect comments received on the migratory bird 
hunting regulations during normal business hours at the Service's 
office in room 4107, Arlington Square Building, 4501 N. Fairfax Drive, 
Arlington, Virginia. You may obtain copies of referenced reports from 
the address above or from the Division of Migratory Bird Management's 
Web site at https://www.fws.gov/migratorybirds/reports/reports.html.

FOR FURTHER INFORMATION CONTACT: Robert Blohm, Chief, or Ron W. Kokel, 
Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 
(703) 358-1714.

SUPPLEMENTARY INFORMATION:

Regulations Schedule for 2007

    On April 11, 2007, we published in the Federal Register (72 FR 
18328) 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, proposed 
regulatory alternatives for the 2007-08 duck hunting season, and other 
regulations for hunting migratory game birds under Sec. Sec.  20.101 
through 20.107, 20.109, and 20.110 of subpart K. Major steps in the 
2007-08 regulatory cycle relating to open public meetings and Federal 
Register notifications were also identified in the April 11 proposed 
rule. On June 8, 2007, we published in the Federal Register (72 FR 
31789) a second document providing supplemental proposals for early- 
and late-season migratory bird hunting regulations and the regulatory 
alternatives for the 2007-08 duck hunting season. The June 8 supplement 
also provided detailed information on the 2007-08 regulatory schedule 
and announced the Service Migratory Bird Regulations Committee (SRC) 
and Flyway Council meetings.
    On June 20 and 21, 2007, 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 2007-08 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 2007-08 regular 
waterfowl seasons. On July 23, 2007, we published in the Federal 
Register (72 FR 40194) a third document specifically dealing with the 
proposed frameworks for early-season regulations. On August 28, 2007, 
we published a fourth 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.
    On August 1-2, 2007, we held open meetings with the Flyway Council 
Consultants at which the participants reviewed the status of waterfowl 
and developed recommendations for the 2007-08 regulations for these 
species. Proposed hunting regulations were discussed for late seasons. 
We published proposed frameworks for the 2007-08 late-season migratory 
bird hunting regulations in a late August 2007 Federal Register.
    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.

National Environmental Policy Act 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). We published our Record of Decision on August 
18, 1988 (53 FR 31341). Annual NEPA considerations are covered under a 
separate Environmental Assessment (EA), ``Duck Hunting Regulations for 
2007-08,'' and an August 2007, Finding of No Significant Impact 
(FONSI). Copies of the EA and FONSI are available upon request from the 
address indicated under ADDRESSES.
    In a notice published in the September 8, 2005, Federal Register 
(70 FR 53376), we announced our intent to develop a new Supplemental 
Environmental Impact Statement for the migratory bird hunting program. 
Public scoping meetings were held in the spring of 2006, as detailed in 
a March 9, 2006, Federal Register (71 FR 12216). A scoping report 
summarizing the scoping comments and scoping meetings is available 
either at the address indicated under ADDRESSES or on our Web site at 
https://www.fws.gov/migratorybirds.

Endangered Species Act Consideration

    Section 7 of the Endangered Species Act, as amended (16 U.S.C. 
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review 
other programs administered by him and utilize such programs in 
furtherance of the purposes of this Act'' (and) shall ``insure that any 
action authorized, funded, or carried out * * * is not likely to 
jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of [critical] habitat * * *.'' Consequently, we conducted formal 
consultations to ensure that actions resulting from these regulations 
would not likely jeopardize the continued existence of endangered or 
threatened

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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 under the heading Regulatory Flexibility Act. 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.
    This year, due to limited data availability, we partially updated 
the 2004 analysis, but restricted our analysis to duck hunting. Results 
indicate that the total consumer surplus of the annual duck hunting 
frameworks is on the order of $222 to $360 million, with a mid-point 
estimate of $291 million. We plan to perform a full update of the 
analysis in 2008. Copies of the updated analysis are available upon 
request from the address indicated under ADDRESSES or from our Web site 
at https://www.fws.gov/migratorybirds/reports/SpecialTopics/
EconomicAnalysis-2007Update.pdf.

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.fws.gov/migratorybirds.
    This year, due to limited data availability, we partially updated 
the 2004 analysis, but restricted our analysis to duck hunting. Results 
indicate that the duck hunters would spend between $291 million and 
$473.5 million at small businesses in 2007. We plan to perform a full 
update of the analysis in 2008 when the full results from the 2006 
National Hunting and Fishing Survey is available. Copies of the updated 
analysis are available upon request from the address indicated under 
ADDRESSES or from our Web site at https://www.fws.gov/migratorybirds/
reports/SpecialTopics/EconomicAnalysis-2007Update.pdf.

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 it 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, 44 U.S.C. 3501 et seq. The various recordkeeping and reporting 
requirements imposed under regulations established in 50 CFR part 20, 
subpart K, are utilized in the formulation of migratory game bird 
hunting regulations. Specifically, OMB has approved the information 
collection requirements of 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

    In promulgating this rule, we have determined that it will not 
unduly burden the judicial system and that it meets the requirements of 
sections 3(a) and 3(b)(2) of Executive Order 12988.

Takings Implication Assessment

    In accordance with Executive Order 12630, this rule, authorized by 
the Migratory Bird Treaty Act, does not have significant takings 
implications and does not affect any constitutionally protected 
property rights. This rule will not result in the physical occupancy of 
property, the physical invasion of property, or the regulatory taking 
of any property. In fact, these rules allow hunters to exercise 
otherwise unavailable privileges and, therefore, reduce restrictions on 
the use of private and public property.

Energy Effects--Executive Order 13211

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. While this rule is a 
significant regulatory action under Executive Order 12866, it is not 
expected to adversely affect energy supplies, distribution, or use. 
Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

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Government-to-Government Relationship With Tribes

    Due to the migratory nature of certain species of birds, the 
Federal Government has been given responsibility over these species by 
the Migratory Bird Treaty Act. Thus, in accordance with the President's 
memorandum of April 29, 1994, ``Government-to-Government Relations with 
Native American Tribal Governments'' (59 FR 22951), Executive Order 
13175, and 512 DM 2, we have evaluated possible effects on Federally 
recognized Indian tribes and have determined that there are no effects 
on Indian trust resources. However, in the April 11 proposed rule (72 
FR 18328) we solicited proposals for special migratory bird hunting 
regulations for certain Tribes on Federal Indian reservations, off-
reservation trust lands, and ceded lands for the 2007-08 migratory bird 
hunting season. The resulting proposals will be contained in a separate 
proposed rule. By virtue of these actions, we have consulted with all 
the Tribes affected by this rule.

Federalism Effects

    Due to the migratory nature of certain species of birds, the 
Federal Government has been given responsibility over these species by 
the Migratory Bird Treaty Act. We annually prescribe frameworks from 
which the States make selections regarding the hunting of migratory 
birds, and we employ guidelines to establish special regulations on 
Federal Indian reservations and ceded lands. This process preserves the 
ability of the States and tribes to determine which seasons meet their 
individual needs. Any State or tribe may be more restrictive than the 
Federal frameworks 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. 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 were a delay in the 
effective date of these regulations after this final rulemaking, States 
would have insufficient time to select season dates and limits, to 
communicate those selections to us, and to establish and publicize the 
necessary regulations and procedures to implement their decisions. We 
therefore find that ``good cause'' exists, within the terms of 5 U.S.C. 
553(d)(3) of the Administrative Procedure Act, and these regulations 
will, 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 22, 2007.
Todd Willens,
Acting Assistant Secretary for Fish and Wildlife and Parks.

0
For the reasons set out in the preamble, title 50, chapter I, 
subchapter B, part 20, subpart K of the Code of Federal Regulations is 
amended as follows:

PART 20--[AMENDED]

0
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. 07-4255 Filed 8-29-07; 8:45 am]
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