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Migratory Bird Hunting; Final Frameworks for Late-Season Migratory Bird Hunting Regulations; Final Rule

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Migratory Bird Hunting; Final Frameworks for Late-Season Migratory Bird Hunting Regulations; Final Rule Vol. 77 Thursday, No. 183 September 20, 2012 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 20 Migratory Bird Hunting; Final Frameworks for Late-Season Migratory Bird Hunting Regulations; Final Rule VerDate Mar<15>2010 17:13 Sep 19, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20SER2.SGM 20SER2 srobinson on DSK4SPTVN1PROD with RULES2 58444 Federal Register / Vol. 77, No. 183 / Thursday, September 20, 2012 / Rules and Regulations DEPARTMENT OF THE INTERIOR other regulations for hunting migratory discussed proposed 2012–13 hunting game birds under §§ 20.101 through regulations for these species. On August Fish and Wildlife Service 20.107, 20.109, and 20.110 of subpart K. 17, 2012, we published in the Federal Major steps in the 2012–13 regulatory Register (77 FR 49868) the proposed 50 CFR Part 20 cycle relating to open public meetings frameworks for the 2012–13 late-season and Federal Register notifications were migratory bird hunting regulations. This [Docket No. FWS–R9–MB–2012–0005; FF09M21200–123–FXMB1231099BPP0L2] also identified in the April 17 proposed document establishes final frameworks rule. Further, we explained that all for late-season migratory bird hunting RIN 1018–AX97 sections of subsequent documents regulations for the 2012–13 season. outlining hunting frameworks and There are no substantive changes from Migratory Bird Hunting; Final guidelines were organized under the August 17 proposed rule. We will Frameworks for Late-Season Migratory numbered headings. publish State selections in the Federal Bird Hunting Regulations On May 17, 2012, we published in the Register as amendments to §§ 20.101 Federal Register (77 FR 29516) a second through 20.107, and 20.109 of title 50 AGENCY: Fish and Wildlife Service, document providing supplemental CFR part 20. Interior. proposals for early- and late-season ACTION: Final rule. migratory bird hunting regulations. The Population Status and Harvest May 17 supplement also provided The following paragraphs provide SUMMARY: The Fish and Wildlife Service detailed information on the 2012–13 preliminary information on the status of (Service or we) prescribes final late- regulatory schedule and announced the waterfowl and information on the status season frameworks from which States Service Regulations Committee (SRC) and harvest of migratory shore and may select season dates, limits, and and Flyway Council meetings. On June upland game birds excerpted from other options for the 2012–13 migratory 12, 2012, we published in the Federal various reports. For more detailed bird hunting seasons. These late seasons Register (77 FR 34931) a third document information on methodologies and include most waterfowl seasons, the revising our previously announced results, you may obtain complete copies earliest of which commences on dates of the June 2012 SRC meetings. of the various reports at the address September 22, 2012. The effect of this On June 19 and 20, 2012, we held indicated under FOR FURTHER final rule is to facilitate the States’ open meetings with the Flyway Council INFORMATION CONTACT or from our Web selection of hunting seasons and to Consultants where the participants site at http://www.fws.gov/ further the annual establishment of the reviewed information on the current migratorybirds. late-season migratory bird hunting status of migratory shore and upland Review of Public Comments and regulations. game birds and developed Flyway Council Recommendations DATES: This rule takes effect on recommendations for the 2012–13 September 20, 2012. regulations for these species plus The preliminary proposed rulemaking, which appeared in the ADDRESSES: regulations for migratory game birds in States should send their April 17, 2012, Federal Register, season selections to: Chief, Division of Alaska, Puerto Rico, and the Virgin Islands, special September waterfowl opened the public comment period for Migratory Bird Management, U.S. Fish migratory game bird hunting and Wildlife Service, ms MBSP–4107– seasons in designated States, special sea duck seasons in the Atlantic Flyway, regulations. The supplemental proposed ARLSQ, 1849 C Street NW., rule, which appeared in the May 17, Washington, DC 20240. You may and extended falconry seasons. In addition, we reviewed and discussed 2012, Federal Register, discussed the inspect comments received on the regulatory alternatives for the 2012–13 migratory bird hunting regulations preliminary information on the status of waterfowl as it relates to the duck hunting season. Late-season during normal business hours at the development and selection of the comments are summarized below and Service’s office in room 4107, Arlington regulatory packages for the 2012–13 numbered in the order used in the April Square Building, 4501 N. Fairfax Drive, regular waterfowl seasons. 17 and May 17 Federal Register Arlington, VA. You may obtain copies On July 20, 2012, we published in the documents. We have included only the of referenced reports from the street Federal Register (77 FR 42920) a fourth numbered items pertaining to late- address above, or from the Division of document specifically dealing with the season issues for which we received Migratory Bird Management’s Web site proposed frameworks for early-season written comments. Consequently, the at http://www.fws.gov/migratorybirds/, regulations. On August 30, 2012, we issues do not follow in successive or at http://www.regulations.gov at published in the Federal Register (77 numerical or alphabetical order. Docket No. FWS–R9–MB–2012–0005. FR 53118) a final rule which contained We received recommendations from FOR FURTHER INFORMATION CONTACT: Ron final frameworks for early migratory all four Flyway Councils. Some W. Kokel, U.S. Fish and Wildlife bird hunting seasons from which recommendations supported Service, Department of the Interior, MS wildlife conservation agency officials continuation of last year’s frameworks. MBSP–4107–ARLSQ, 1849 C Street from the States, Puerto Rico, and the Due to the comprehensive nature of the NW., Washington, DC 20240; (703) 358– Virgin Islands selected early-season annual review of the frameworks 1714. hunting dates, hours, areas, and limits. performed by the Councils, support for SUPPLEMENTARY INFORMATION: Subsequently, on August 31, 2012, we continuation of last year’s frameworks is published a final rule in the Federal assumed for items for which no Regulations Schedule for 2012 Register (77 FR 53752) amending recommendations were received. On April 17, 2012, we published in subpart K of title 50 CFR part 20 to set Council recommendations for changes the Federal Register (77 FR 23094) a hunting seasons, hours, areas, and limits in the frameworks are summarized proposal to amend 50 CFR part 20. The for early seasons. below. Wherever possible, they are proposal provided a background and On July 25–26, 2012, we held open discussed under headings overview of the migratory bird hunting meetings with the Flyway Council corresponding to the numbered items in regulations process, and addressed the Consultants, at which the participants the April 17 and May 17, 2012, Federal establishment of seasons, limits, and reviewed the status of waterfowl and Register documents. VerDate Mar<15>2010 17:13 Sep 19, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM 20SER2 srobinson on DSK4SPTVN1PROD with RULES2 Federal Register / Vol. 77, No. 183 / Thursday, September 20, 2012 / Rules and Regulations 58445 General continue to believe that the prescribed seasons and the Service offers States Written Comments: An individual regulatory choice for the Pacific Flyway special teal harvest opportunities commenter provided several comments should be based on the status of this outside the regular duck seasons, then protesting the entire migratory bird western mallard breeding stock, while Iowa, Michigan, Minnesota, and hunting regulations process and the the regulatory choice for the Mississippi Wisconsin should be offered the same killing of all migratory birds. and Central Flyways should depend on special teal harvest opportunities that Service Response: Our long-term the status of the recently redefined mid- are offered to other States in the objectives continue to include providing continent mallard stock. We also Mississippi Flyway. recommend that the regulatory choice opportunities to harvest portions of Service Response: We recognize the certain migratory game bird populations for the Atlantic Flyway continue to depend on the status of eastern long-standing interest by production and to limit harvests to levels States for additional teal harvest compatible with each population’s mallards. For the 2012 hunting season, we are opportunities. In 2009, the Service and ability to maintain healthy, viable continuing to consider the same Flyway Councils formed a working numbers. Having taken into account the regulatory alternatives as those used last group to assess the harvest potential of zones of temperature and the year. The nature of the ‘‘restrictive,’’ each of the three teal species. A report distribution, abundance, economic ‘‘moderate,’’ and ‘‘liberal’’ alternatives from that working group is scheduled value, breeding habits, and times and has remained essentially unchanged for completion in January 2013. We lines of flight of migratory birds, we since 1997, except that extended have previously decided not to entertain believe that the hunting seasons framework dates have been offered in any changes to special September teal provided
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