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, 53226-53260 [2010-21711]
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Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations
requirements, Superfund, Water
pollution control, Water supply.
Dated: August 3, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
■
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
3 CFR, 1987 Comp., p. 193.
2. Table 1 of Appendix B to part 300
is amended by removing ‘‘Powersville
Site, Peach County, GA’’.
■
[FR Doc. 2010–21442 Filed 8–30–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS–R9–MB–2010–0040;
91200–1231–9BPP–L2]
RIN 1018–AX06
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:
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 2010–11
season.
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SUMMARY:
This rule is effective on
September 1, 2010.
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
DATES:
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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 at Docket
No. FWS–R9–MB–2010–0040.
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 2010
On May 13, 2010, we published in the
Federal Register (75 FR 27144) a
proposal to amend 50 CFR part 20. The
proposal provided a background and
overview of the migratory bird hunting
regulations process, and addressed the
establishment of seasons, limits, and
other regulations for hunting migratory
game birds under §§ 20.101 through
20.107, 20.109, and 20.110 of subpart K.
Major steps in the 2010–11 regulatory
cycle relating to open public meetings
and Federal Register notifications were
also identified in the May 13 proposed
rule. Further, we explained that all
sections of subsequent documents
outlining hunting frameworks and
guidelines were organized under
numbered headings.
On June 10, 2010, we published in the
Federal Register (75 FR 32872) a second
document providing supplemental
proposals for early- and late-season
migratory bird hunting regulations. The
June 10 supplement also provided
detailed information on the 2010–11
regulatory schedule and announced the
Service Migratory Bird Regulations
Committee (SRC) and Flyway Council
meetings.
On June 23 and 24, 2010, 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 2010–11
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 2010–11
regular waterfowl seasons. On July 29,
2010, we published in the Federal
Register (75 FR 44856) a third document
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specifically dealing with the proposed
frameworks for early-season regulations.
On August 30, 2010, 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 28–29, 2010, we held open
meetings with the Flyway Council
Consultants at which the participants
reviewed the status of waterfowl and
developed recommendations for the
2010–11 regulations for these species.
Proposed hunting regulations were
discussed for late seasons. We
published proposed frameworks for the
2010–11 late-season migratory bird
hunting regulations in an August 25,
2010 Federal Register (75 FR 52398).
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 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 (SEIS)
for the migratory bird hunting program.
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Public scoping meetings were held in
the spring of 2006, as detailed in a
March 9, 2006, Federal Register (71 FR
12216). We released the draft SEIS on
July 9, 2010 (75 FR 39577). The draft
SEIS is available by either writing to the
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
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
address indicated under ADDRESSES.
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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.
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(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 estimated 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. At this time, we are
proposing no changes to the season
frameworks for the 2010–11 season, and
as such, we will again consider these
three alternatives. However, final
frameworks will depend on population
status information available later this
year. 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 at Docket
No. FWS–R9–MB–2010–0040.
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 upon request
from the Division of Migratory Bird
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Management (see FOR FURTHER
INFORMATION CONTACT) or from our
Web
site at https://www.fws.gov/
migratorybirds/
NewReportsPublications/SpecialTopics/
SpecialTopics.html#HuntingRegs or at
https://www.regulations.gov at Docket
No. FWS–R9–MB–2010–0040.
Small Business Regulatory Enforcement
Fairness Act
This rule is a major rule under
5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
For the reasons outlined above, this rule
has an annual effect on the economy of
$100 million or more. However, because
this rule establishes hunting seasons, we
do not plan to defer the effective date
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 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. OMB has also approved
the information collection requirements
of the Alaska Subsistence Household
Survey, an associated voluntary annual
household survey used to determine
levels of subsistence take in Alaska, and
assigned control number 1018–0124
(expires 4/30/2013). 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.
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Civil Justice Reform—Executive Order
12988
The Department, in promulgating this
rule, has determined that this rule 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
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
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 Federallyrecognized Indian Tribes and have
determined that there are no effects on
Indian trust resources. However, in the
May 13 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 2010–11 migratory bird hunting
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season. The resulting proposals were
contained in an August 6, 2010,
proposed rule (75 FR 47682). By virtue
of these actions, we have consulted with
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 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
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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 25, 2010.
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, Pub.
L. 106–108, 113 Stat. 1491, Note Following
16 U.S.C. 703.
BILLING CODE 4310–55–P
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Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations
[FR Doc. 2010–21711 Filed 8–30–10; 8:45 am]
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Agencies
[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Rules and Regulations]
[Pages 53226-53260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21711]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-R9-MB-2010-0040; 91200-1231-9BPP-L2]
RIN 1018-AX06
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 2010-11 season.
DATES: This rule is effective on September 1, 2010.
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 at Docket No. FWS-R9-MB-2010-0040.
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 2010
On May 13, 2010, we published in the Federal Register (75 FR 27144)
a proposal to amend 50 CFR part 20. The proposal provided a background
and overview of the migratory bird hunting regulations process, and
addressed 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 2010-11
regulatory cycle relating to open public meetings and Federal Register
notifications were also identified in the May 13 proposed rule.
Further, we explained that all sections of subsequent documents
outlining hunting frameworks and guidelines were organized under
numbered headings.
On June 10, 2010, we published in the Federal Register (75 FR
32872) a second document providing supplemental proposals for early-
and late-season migratory bird hunting regulations. The June 10
supplement also provided detailed information on the 2010-11 regulatory
schedule and announced the Service Migratory Bird Regulations Committee
(SRC) and Flyway Council meetings.
On June 23 and 24, 2010, 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 2010-11 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 2010-11 regular
waterfowl seasons. On July 29, 2010, we published in the Federal
Register (75 FR 44856) a third document specifically dealing with the
proposed frameworks for early-season regulations. On August 30, 2010,
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 28-29, 2010, we held open meetings with the Flyway Council
Consultants at which the participants reviewed the status of waterfowl
and developed recommendations for the 2010-11 regulations for these
species. Proposed hunting regulations were discussed for late seasons.
We published proposed frameworks for the 2010-11 late-season migratory
bird hunting regulations in an August 25, 2010 Federal Register (75 FR
52398).
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 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 (SEIS) for the migratory bird hunting
program.
[[Page 53227]]
Public scoping meetings were held in the spring of 2006, as detailed in
a March 9, 2006, Federal Register (71 FR 12216). We released the draft
SEIS on July 9, 2010 (75 FR 39577). The draft SEIS is available by
either writing to the 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 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 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
estimated 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. At
this time, we are proposing no changes to the season frameworks for the
2010-11 season, and as such, we will again consider these three
alternatives. However, final frameworks will depend on population
status information available later this year. 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 at
Docket No. FWS-R9-MB-2010-0040.
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 upon request from the Division of Migratory Bird Management
(see FOR FURTHER INFORMATION CONTACT) or from our Web site at https://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or at https://www.regulations.gov at
Docket No. FWS-R9-MB-2010-0040.
Small Business Regulatory Enforcement Fairness Act
This rule is a major rule under 5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act. For the reasons outlined above,
this rule has an annual effect on the economy of $100 million or more.
However, because this rule establishes hunting seasons, we do not plan
to defer the effective date 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 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. OMB has also approved the information
collection requirements of the Alaska Subsistence Household Survey, an
associated voluntary annual household survey used to determine levels
of subsistence take in Alaska, and assigned control number 1018-0124
(expires 4/30/2013). 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.
[[Page 53228]]
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this rule, has determined that this
rule 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
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 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 May 13 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 2010-11 migratory bird hunting season. The
resulting proposals were contained in an August 6, 2010, proposed rule
(75 FR 47682). By virtue of these actions, we have consulted with
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 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 25, 2010.
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, Pub. L.
106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.
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[FR Doc. 2010-21711 Filed 8-30-10; 8:45 am]
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