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50660 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

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50660 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50660 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations DEPARTMENT OF THE INTERIOR 6 supplement also provided detailed 1996±97 late-season frameworks. For information on the 1997±98 regulatory those topics where a Council Fish and Wildlife Service schedule and announced the Service recommendation is not shown, the Migratory Bird Regulations Committee Council supported continuing the same 50 CFR Part 20 and Flyway Council meetings. On June frameworks as in 1996±97. RIN 1018-AE14 27, 1997, the Service held a public hearing in Washington, DC, as General Migratory Bird Hunting; Final announced in the March 13 and June 6 Written Comments: The Humane Frameworks for Late-Season Migratory Federal Registers to review the status of Society of the United States (Humane Bird Hunting Regulations migratory shore and upland game birds. Society) expressed concern that the The Service discussed hunting public was not well represented in the AGENCY: Fish and Wildlife Service, regulations for these species and for regulations-development process and Interior. other early seasons. On July 23, 1997, requested establishment of a system ACTION: Final rule. the Service published in the Federal directly involving the non-hunting Register (62 FR 39712) a third public. In addition, they recommended SUMMARY: This rule prescribes final late- document. This document contained the that the Service undertake efforts to season frameworks from which States final regulatory alternatives for the obtain population estimates for all may select season dates, limits, and 1997±98 duck hunting season and the hunted species. Finally, they other options for the 1997±98 migratory proposed early-season frameworks for recommended pre-sunrise shooting be bird hunting season. These late seasons the 1997±98 season. disallowed. include most waterfowl seasons, the On August 7, 1997, the Service held earliest of which generally commence Service Response: As we have stated a public hearing in Washington, DC, as previously, when the preliminary on or about October 1, 1997. The effects announced in the March 13, June 6, and proposed rulemaking document was of this final rule are to facilitate the July 23 Federal Registers to review the published in the Federal Register on selection of hunting seasons by the status of waterfowl. Proposed hunting March 13, 1997, the Service announced States to further the annual regulations were discussed for late the comment periods for the early- establishment of the late-season seasons. On August 20, 1997, the season and late-season proposals and migratory bird hunting regulations. Service published a fifth document (62 gave notice that the process of State selections will be published in the FR 44229) containing final frameworks promulgating hunting regulations Federal Register as amendments to for early migratory bird hunting seasons ``must, by its nature, operate under time §§ 20.104 through 20.107 and § 20.109 from which wildlife conservation constraints.'' Ample time must be given of title 50 CFR part 20. agency officials from the States, Puerto Rico, and the Virgin Islands selected to gather and interpret survey data, DATE: This rule takes effect on consider recommendations and develop September 26, 1997. early-season hunting dates, hours, areas, and limits. On August 25, 1997, the proposals, and to receive public ADDRESSES: Season selections from comment. Scheduled dates are set to States are to be mailed to: Chief, Office Service published a sixth document (62 FR 45078) which dealt specifically with give the greatest possible opportunity of Migratory Bird Management, U.S. for public input. The Service is Fish and Wildlife Service, Department proposed frameworks for the 1997±98 late-season migratory bird hunting obligated to, and does, give serious of the Interior, ms 634ÐARLSQ, 1849 C consideration to all information Street, NW., Washington, DC 20240. regulations. On August 29, 1997, the Service published in the Federal received as public comment. The Comments received are available for Service has long recognized the public inspection during normal Register (62 FR 46512) a seventh document consisting of a final rule problems associated with the length of business hours in room 634, Arlington amending subpart K of title 50 CFR part time necessary to establish the final Square Building, 4401 N. Fairfax Drive, 20 to set hunting seasons, hours, areas, frameworks, and in conjunction with Arlington, Virginia. and limits for early seasons. This States, Flyway Councils, and the public, FOR FURTHER INFORMATION CONTACT: Paul document, which establishes final continues to seek new ways to R. Schmidt, Chief, Office of Migratory frameworks for late-season migratory streamline and improve the regulatory Bird Management, U.S. Fish and bird hunting regulations for the 1997±98 process. Wildlife Service, (703) 358±1714. season, is the eighth in the series. Regarding the Service's efforts to SUPPLEMENTARY INFORMATION: obtain population estimates, the long- Review of Comments and the Service's term objectives of the Service continue Regulations Schedule for 1997 Response to include providing opportunities to On March 13, 1997, the Service Public-hearing and written comments harvest portions of certain migratory published in the Federal Register (62 received through September 4, 1997, game bird populations and to limit FR 39712) a proposal to amend 50 CFR relating to proposed late-season harvests to levels compatible with each part 20. The proposal dealt with the frameworks, are discussed and population's ability to maintain healthy, establishment of seasons, limits, and addressed here. Mr. Robert McDowell, viable numbers. Annually, the Service other regulations for migratory game representing the Atlantic Flyway evaluates the status of populations and birds under §§ 20.101 through 20.107, Council, presented a statement at the considers the potential impacts of 20.109, and 20.110 of subpart K. On August 7, 1997, public hearing. Late- hunting. The Service believes that the June 6, 1997, the Service published in season comments are summarized and hunting seasons provided herein are the Federal Register (62 FR 31298) a discussed in the order used in the consistent with the current status of second document providing March 13, 1997, Federal Register. Only waterfowl populations and long-term supplemental proposals for early- and the numbered items pertaining to late population goals. In regard to shooting late-season migratory bird hunting seasons for which comments were hours, the Service has compiled regulations frameworks and the received are included. Flyway Council information which demonstrates that proposed regulatory alternatives for the recommendations shown below include shooting hours beginning one-half hour 1997±98 duck hunting season. The June only those involving changes from the before sunrise do not contribute Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50661 significantly to the harvest of nontarget burden on individual States that Written Comments: The Mississippi species. Consistent with the Service's recognize that the regulation package Department of Wildlife, Fisheries and long-term strategy for shooting hours, was overly excessive. Delta further Parks (Mississippi) requested Service published in the September 21, 1990, believed that the Service should play support and approval of the Lower- Federal Register (55 FR 38898), the more of a leadership role in the aspects Region Regulations Committee of the frameworks herein provide for shooting of hunter attitudes and ethical standards Mississippi Flyway Council's study/ hours of one-half hour before sunrise to of waterfowl hunting. By promoting framework extension proposal. sunset, unless otherwise specified. soley highly technical, statistically Mississippi further offered to (1) accept confusing data and ignoring a 50-day season in return for a January 1. Ducks constituencies, Delta believed that the 31 closure, (2) close the season on the The categories used to discuss issues Service was not acting in the best Sunday before January 31, (3) accept related to duck harvest management are interest of waterfowling. Further, Delta one less hen mallard in the bag, and (4) as follows: (A) General Harvest Strategy, believed that hunters did not ask for assist with the necessary funding to (B) Framework Dates, (C) Season extensive liberalizations in the conduct the study. Length, (D) Closed Seasons, (E) Bag regulations. The Humane Society recommended Limits, (F) Zones and Split Seasons, and Service Response: Beginning in 1995, that all seasons open at noon mid-week (G) Special Seasons/Species the Service, Flyway Councils, and States in order to reduce the high level of Management. Only those categories introduced a new approach to the harvest associated with traditional containing substantial recommendations regulation of duck harvests, called Saturday season openings. Furthermore, are included below. Adaptive Harvest Management (AHM). the Humane Society recommended that An integral part of this harvest- season openings be delayed by 2 weeks A. General Harvest Strategy management approach is the in all breeding areas in order to allow Council Recommendations: The cooperative establishment of a set of ducks time to leave natal marshes before Atlantic Flyway Council, the Upper- regulatory alternatives that includes being subjected to hunting pressure. Region Regulations Committee of the specified season lengths and
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