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, 45032-45067 [E9-20739]

Download as PDF 45032 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 [FWS–R9–MB–2008–0124; 91200–1231– 9BPP–L2] RIN 1018–AW31 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. 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 2009–10 season. DATES: This rule is effective on September 1, 2009. 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, VA. You may obtain copies of referenced reports from the street address above, or from the Division of Migratory Bird Management’s Web site at https:// www.fws.gov/migratorybirds/, or at https://www.regulations.gov. 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: PWALKER on DSK8KYBLC1PROD with RULES4 Regulations Schedule for 2009 On April 10, 2009, we published in the Federal Register (74 FR 16339) a proposal to amend 50 CFR part 20. The proposal provided a background and overview of the migratory bird hunting regulations process, and dealt with the establishment of seasons, limits, and other regulations for hunting migratory game birds under §§ 20.101 through VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 20.107, 20.109, and 20.110 of subpart K. Major steps in the 2009–10 regulatory cycle relating to open public meetings and Federal Register notifications were also identified in the April 10 proposed rule. Further, we explained that all sections of subsequent documents outlining hunting frameworks and guidelines were organized under numbered headings. On May 27, 2009, we published in the Federal Register (74 FR 25209) a second document providing supplemental proposals for early- and late-season migratory bird hunting regulations, providing detailed information on the 2009–10 regulatory schedule, and announcing the Service Migratory Bird Regulations Committee (SRC) and Flyway Council meetings. On June 24 and 25, 2009, 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 2009–10 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 2009–10 regular waterfowl seasons. On July 24, 2009, we published in the Federal Register (74 FR 36870) a third document specifically dealing with the proposed frameworks for early-season regulations. On August 25, 2009, we published in the Federal Register a final rule 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 earlyseason hunting dates, hours, areas, and limits. On July 29–30, 2009, we held open meetings with the Flyway Council Consultants at which the participants reviewed the status of waterfowl and developed recommendations for the 2009–10 regulations for these species. Proposed hunting regulations were discussed for late seasons. We published proposed frameworks for the 2009–10 late-season migratory bird hunting regulations in an August 13, 2009 Federal Register (74 FR 41008). The final rule described here is the sixth in the series of proposed, supplemental, and final rulemaking documents for migratory game bird PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 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 Protection Act (NEPA) Consideration NEPA considerations are covered by the programmatic document ‘‘Final Supplemental Environmental Impact Statement: Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88– 14),’’ filed with the Environmental Protection Agency on June 9, 1988. We published 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). In addition, an August 1985 environmental assessment entitled ‘‘Guidelines for Migratory Bird Hunting Regulations on Federal Indian Reservations and Ceded Lands’’ is available by writing to the street address indicated under the caption ADDRESSES. In a notice published in the September 8, 2005 Federal Register (70 FR 53376), we announced our intent to develop a new Supplemental Environmental Impact Statement for the migratory bird hunting program. Public scoping meetings were held in the spring of 2006, as detailed in the March 9, 2006 Federal Register (71 FR 12216). A scoping report summarizing the scoping comments and scoping meetings is available by either writing to the street address indicated under ADDRESSES or by viewing 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 E:\FR\FM\31AUR4.SGM 31AUR4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations PWALKER on DSK8KYBLC1PROD with RULES4 resulting from these regulations would not likely jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitat. Findings from these consultations are included in a biological opinion, which concluded that the regulations are not likely to jeopardize the continued existence of 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 street address indicated under ADDRESSES. Executive Order 12866 The Office of Management and Budget has determined that this rule is significant and has reviewed this rule under Executive Order 12866. OMB bases its determination of regulatory significance upon the following four criteria: a. Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government. b. Whether the rule will create inconsistencies with other Federal agencies’ actions. c. Whether the rule will materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients. d. Whether the rule raises novel legal or policy issues. An Economic Analysis was prepared for the 2008–09 season. This analysis was based on data from the 2006 National Hunting and Fishing Survey, the most recent year for which data are available (see discussion in Regulatory Flexibility Act section below). This analysis estimates consumer surplus for three alternatives for duck hunting (estimates for other species are not quantified due to lack of data). The alternatives are (1) Issue restrictive regulations allowing fewer days than those issued during the 2007–08 season, (2) Issue moderate regulations allowing more days than those in alternative 1, and (3) Issue liberal regulations identical to the regulations in the 2007– 08 season. For the 2008–09 season, we chose alternative 3, with an estimated consumer surplus across all flyways of $205–$270 million. For the upcoming 2009–10 season, we again considered these three alternatives and again chose VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 45033 alternative 3 for ducks. We made minor modifications to the season frameworks for some other species, but these do not significantly change the economic impacts of the rule, which were not quantified for other species. For these reasons, we have not conducted a new Economic Analysis, but the 2008–09 analysis is part of the record for this rule and is available at https://www.fws.gov/ migratorybirds/ NewReportsPublications/SpecialTopics/ SpecialTopics.html#HuntingRegs or at https://www.regulations.gov. approved the information collection requirements of our Migratory Bird Surveys and assigned control number 1018–0023 (expires 2/28/2011). This information is used to provide a sampling frame for voluntary national surveys to improve our harvest estimates for all migratory game birds in order to better manage these populations. A Federal agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. Regulatory Flexibility Act The regulations have a significant economic impact on substantial numbers of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the economic impacts of the annual hunting regulations on small business entities in detail as part of the 1981 cost-benefit analysis. This analysis was revised annually from 1990–95. In 1995, the Service issued a Small Entity Flexibility Analysis (Analysis), which was subsequently updated in 1996, 1998, 2004, and 2008. The primary source of information about hunter expenditures for migratory game bird hunting is the National Hunting and Fishing Survey, which is conducted at 5-year intervals. The 2008 Analysis was based on the 2006 National Hunting and Fishing Survey and the U.S. Department of Commerce’s County Business Patterns, from which it was estimated that migratory bird hunters would spend approximately $1.2 billion at small businesses in 2008. Copies of the Analysis are available by writing to the street address indicated under ADDRESSES or from our Web site at https://www.fws.gov/migratorybirds/ NewReportsPublications/SpecialTopics/ SpecialTopics.html#HuntingRegs or at https://www.regulations.gov. 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. 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, it has an annual effect on the economy of $100 million or more. 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 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 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, it allows hunters to exercise otherwise unavailable privileges and, therefore, reduces restrictions on the use of private and public property. Energy Effects—Executive Order 13211 Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. While this rule is a significant regulatory action under Executive Order 12866, it is not expected to adversely affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action and no Statement of Energy Effects is required. Government-to-Government Relationship with Tribes In accordance with the President’s memorandum of April 29, 1994, ‘‘Government-to-Government Relations E:\FR\FM\31AUR4.SGM 31AUR4 45034 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations with Native American Tribal Governments’’ (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated possible effects on Federallyrecognized Indian tribes and have determined that there are no effects on Indian trust resources. However, in the April 10 Federal Register, we solicited proposals for special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, offreservation trust lands, and ceded lands for the 2009–10 migratory bird hunting season. The resulting proposals were contained in a separate August 11, 2009, proposed rule (74 FR 36870). By virtue of these actions, we have consulted with affected Tribes. PWALKER on DSK8KYBLC1PROD with RULES4 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 Indian 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 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 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 find that ‘‘good cause’’ exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and therefore, under authority of the Migratory Bird Treaty PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 Act (July 3, 1918), as amended (16 U.S.C. 703–711), these regulations will take effect immediately upon publication. Accordingly, with each conservation agency having had an opportunity to participate in selecting the hunting seasons desired for its State or Territory on those species of migratory birds for which open seasons are now prescribed, and consideration having been given to all other relevant matters presented, certain sections of title 50, chapter I, subchapter B, part 20, subpart K, are hereby amended as set forth below. List of Subjects in 50 CFR Part 20 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. Dated: August 20, 2009. Will Shafroth, 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: ■ PART 20—[AMENDED] 1. The authority citation for part 20 continues to read as follows: ■ Authority: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 703–712; Fish and Wildlife Act of 1956, 16 U.S.C. 742 a–j, Public Law 106–108, 113 Stat. 1491, Note Following 16 U.S.C. 703. BILLING CODE 4310–55–P E:\FR\FM\31AUR4.SGM 31AUR4 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45035 ER31AU09.000</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.001</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45036 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45037 ER31AU09.002</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.003</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45038 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45039 ER31AU09.004</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.005</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45040 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45041 ER31AU09.006</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.007</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45042 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45043 ER31AU09.008</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.009</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45044 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45045 ER31AU09.010</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.011</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45046 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45047 ER31AU09.012</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.013</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45048 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45049 ER31AU09.014</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.015</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45050 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45051 ER31AU09.016</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.017</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45052 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45053 ER31AU09.018</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.019</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45054 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45055 ER31AU09.020</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.021</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45056 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45057 ER31AU09.022</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.023</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45058 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45059 ER31AU09.024</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.025</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45060 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45061 ER31AU09.026</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.027</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45062 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45063 ER31AU09.028</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.029</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45064 VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 45065 ER31AU09.030</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4725 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.031</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 45066 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 45067 [FR Doc. E9–20739 Filed 8–28–09; 8:45 am] VerDate Nov<24>2008 18:41 Aug 28, 2009 Jkt 217001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\31AUR4.SGM 31AUR4 ER31AU09.032</GPH> PWALKER on DSK8KYBLC1PROD with RULES4 BILLING CODE 4310–55–C

Agencies

[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Rules and Regulations]
[Pages 45032-45067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20739]



[[Page 45031]]

-----------------------------------------------------------------------

Part V





Department of the Interior





-----------------------------------------------------------------------



Fish and Wildlife Service



-----------------------------------------------------------------------



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. 74, No. 167 / Monday, August 31, 2009 / Rules 
and Regulations

[[Page 45032]]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[FWS-R9-MB-2008-0124; 91200-1231-9BPP-L2]
RIN 1018-AW31


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.

-----------------------------------------------------------------------

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 2009-10 season.

DATES: This rule is effective on September 1, 2009.

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, VA. You may obtain copies of referenced reports from the 
street address above, or from the Division of Migratory Bird 
Management's Web site at https://www.fws.gov/migratorybirds/, or at 
https://www.regulations.gov.

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 2009

    On April 10, 2009, we published in the Federal Register (74 FR 
16339) a proposal to amend 50 CFR part 20. The proposal provided a 
background and overview of the migratory bird hunting regulations 
process, and dealt with the establishment of seasons, limits, and other 
regulations for hunting migratory game birds under Sec. Sec.  20.101 
through 20.107, 20.109, and 20.110 of subpart K. Major steps in the 
2009-10 regulatory cycle relating to open public meetings and Federal 
Register notifications were also identified in the April 10 proposed 
rule. Further, we explained that all sections of subsequent documents 
outlining hunting frameworks and guidelines were organized under 
numbered headings.
    On May 27, 2009, we published in the Federal Register (74 FR 25209) 
a second document providing supplemental proposals for early- and late-
season migratory bird hunting regulations, providing detailed 
information on the 2009-10 regulatory schedule, and announcing the 
Service Migratory Bird Regulations Committee (SRC) and Flyway Council 
meetings.
    On June 24 and 25, 2009, 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 2009-10 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 2009-10 regular 
waterfowl seasons. On July 24, 2009, we published in the Federal 
Register (74 FR 36870) a third document specifically dealing with the 
proposed frameworks for early-season regulations. On August 25, 2009, 
we published in the Federal Register a final rule 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 July 29-30, 2009, we held open meetings with the Flyway Council 
Consultants at which the participants reviewed the status of waterfowl 
and developed recommendations for the 2009-10 regulations for these 
species. Proposed hunting regulations were discussed for late seasons. 
We published proposed frameworks for the 2009-10 late-season migratory 
bird hunting regulations in an August 13, 2009 Federal Register (74 FR 
41008).
    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 Protection Act (NEPA) Consideration

    NEPA considerations are covered by the programmatic document 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with the Environmental Protection Agency on June 9, 1988. 
We published 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). In addition, an August 1985 environmental 
assessment entitled ``Guidelines for Migratory Bird Hunting Regulations 
on Federal Indian Reservations and Ceded Lands'' is available by 
writing to the street address indicated under the caption ADDRESSES.
    In a notice published in the September 8, 2005 Federal Register (70 
FR 53376), we announced our intent to develop a new Supplemental 
Environmental Impact Statement for the migratory bird hunting program. 
Public scoping meetings were held in the spring of 2006, as detailed in 
the March 9, 2006 Federal Register (71 FR 12216). A scoping report 
summarizing the scoping comments and scoping meetings is available by 
either writing to the street address indicated under ADDRESSES or by 
viewing 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

[[Page 45033]]

resulting from these regulations would not likely jeopardize the 
continued existence of endangered or threatened species or result in 
the destruction or adverse modification of their critical habitat. 
Findings from these consultations are included in a biological opinion, 
which concluded that the regulations are not likely to jeopardize the 
continued existence of 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 street address indicated under ADDRESSES.

Executive Order 12866

    The Office of Management and Budget has determined that this rule 
is significant and has reviewed this rule under Executive Order 12866. 
OMB bases its determination of regulatory significance upon the 
following four criteria:
    a. Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    b. Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    c. Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    d. Whether the rule raises novel legal or policy issues.
    An Economic Analysis was prepared for the 2008-09 season. This 
analysis was based on data from the 2006 National Hunting and Fishing 
Survey, the most recent year for which data are available (see 
discussion in Regulatory Flexibility Act section below). This analysis 
estimates consumer surplus for three alternatives for duck hunting 
(estimates for other species are not quantified due to lack of data). 
The alternatives are (1) Issue restrictive regulations allowing fewer 
days than those issued during the 2007-08 season, (2) Issue moderate 
regulations allowing more days than those in alternative 1, and (3) 
Issue liberal regulations identical to the regulations in the 2007-08 
season. For the 2008-09 season, we chose alternative 3, with an 
estimated consumer surplus across all flyways of $205-$270 million. For 
the upcoming 2009-10 season, we again considered these three 
alternatives and again chose alternative 3 for ducks. We made minor 
modifications to the season frameworks for some other species, but 
these do not significantly change the economic impacts of the rule, 
which were not quantified for other species. For these reasons, we have 
not conducted a new Economic Analysis, but the 2008-09 analysis is part 
of the record for this rule and is available at https://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at https://www.regulations.gov.

Regulatory Flexibility Act

    The regulations have a significant economic impact on substantial 
numbers of small entities under the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.). We analyzed the economic impacts of the annual 
hunting regulations on small business entities in detail as part of the 
1981 cost-benefit analysis. This analysis was revised annually from 
1990-95. In 1995, the Service issued a Small Entity Flexibility 
Analysis (Analysis), which was subsequently updated in 1996, 1998, 
2004, and 2008. The primary source of information about hunter 
expenditures for migratory game bird hunting is the National Hunting 
and Fishing Survey, which is conducted at 5-year intervals. The 2008 
Analysis was based on the 2006 National Hunting and Fishing Survey and 
the U.S. Department of Commerce's County Business Patterns, from which 
it was estimated that migratory bird hunters would spend approximately 
$1.2 billion at small businesses in 2008. Copies of the Analysis are 
available by writing to the street address indicated under ADDRESSES or 
from our Web site at https://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or 
at https://www.regulations.gov.

Small Business Regulatory Enforcement Fairness Act

    This rule is a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act. For the reasons outlined above, it 
has an annual effect on the economy of $100 million or more.

Paperwork Reduction Act

    We examined these regulations under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). The various recordkeeping and reporting 
requirements imposed under regulations established in 50 CFR part 20, 
subpart K, are utilized in the formulation of migratory game bird 
hunting regulations. Specifically, OMB has approved the information 
collection requirements of our Migratory Bird Surveys and assigned 
control number 1018-0023 (expires 2/28/2011). This information is used 
to provide a sampling frame for voluntary national surveys to improve 
our harvest estimates for all migratory game birds in order to better 
manage these populations. A Federal agency may not conduct or sponsor 
and a person is not required to respond to a collection of information 
unless it displays a currently valid OMB control number.

Unfunded Mandates Reform Act

    We have determined and certify, in compliance with the requirements 
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this 
rulemaking will not impose a cost of $100 million or more in any given 
year on local or State government or private entities. Therefore, this 
rule is not a ``significant regulatory action'' under the Unfunded 
Mandates Reform Act.

Civil Justice Reform--Executive Order 12988

    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, it allows hunters to exercise otherwise 
unavailable privileges and, therefore, reduces restrictions on the use 
of private and public property.

Energy Effects--Executive Order 13211

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. While this rule is a 
significant regulatory action under Executive Order 12866, it is not 
expected to adversely affect energy supplies, distribution, or use. 
Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

Government-to-Government Relationship with Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations

[[Page 45034]]

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 10 Federal 
Register, 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 2009-10 migratory bird 
hunting season. The resulting proposals were contained in a separate 
August 11, 2009, proposed rule (74 FR 36870). By virtue of these 
actions, we have consulted with affected Tribes.

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 Indian 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 
find that ``good cause'' exists, within the terms of 5 U.S.C. 553(d)(3) 
of the Administrative Procedure Act, and therefore, under authority of 
the Migratory Bird Treaty Act (July 3, 1918), as amended (16 U.S.C. 
703-711), these regulations will take effect immediately upon 
publication. Accordingly, with each conservation agency having had an 
opportunity to participate in selecting the hunting seasons desired for 
its State or Territory on those species of migratory birds for which 
open seasons are now prescribed, and consideration having been given to 
all other relevant matters presented, certain sections of title 50, 
chapter I, subchapter B, part 20, subpart K, are hereby amended as set 
forth below.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

    Dated: August 20, 2009.
Will Shafroth,
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:  Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 
703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742 a-j, Public 
Law 106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.
BILLING CODE 4310-55-P

[[Page 45035]]

[GRAPHIC] [TIFF OMITTED] TR31AU09.000


[[Page 45036]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.001


[[Page 45037]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.002


[[Page 45038]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.003


[[Page 45039]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.004


[[Page 45040]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.005


[[Page 45041]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.006


[[Page 45042]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.007


[[Page 45043]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.008


[[Page 45044]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.009


[[Page 45045]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.010


[[Page 45046]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.011


[[Page 45047]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.012


[[Page 45048]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.013


[[Page 45049]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.014


[[Page 45050]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.015


[[Page 45051]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.016


[[Page 45052]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.017


[[Page 45053]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.018


[[Page 45054]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.019


[[Page 45055]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.020


[[Page 45056]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.021


[[Page 45057]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.022


[[Page 45058]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.023


[[Page 45059]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.024


[[Page 45060]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.025


[[Page 45061]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.026


[[Page 45062]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.027


[[Page 45063]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.028


[[Page 45064]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.029


[[Page 45065]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.030


[[Page 45066]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.031


[[Page 45067]]


[GRAPHIC] [TIFF OMITTED] TR31AU09.032

[FR Doc. E9-20739 Filed 8-28-09; 8:45 am]
BILLING CODE 4310-55-C
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.