Federal Register/Vol. 63, No. 164/Tuesday, August 25, 1998
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45350 Federal Register / Vol. 63, No. 164 / Tuesday, August 25, 1998 / Proposed Rules DEPARTMENT OF THE INTERIOR Migratory Bird Regulations Committee Most goose and swan populations in and Flyway Council meetings. North America remain numerically Fish and Wildlife Service On June 25, 1998, the Service held a sound and the size of most fall flights public hearing in Washington, DC, as will be similar to those of last year. Nine 50 CFR Part 20 announced in the March 20 and May 29 of the 28 populations of geese and RIN 1018±AE93 Federal Register to review the status of swans we report on appear to have migratory shore and upland game birds. decreased since last year, 7 appear to Migratory Bird Hunting; Proposed The Service discussed hunting have increased, 7 appear to have Frameworks for Late-Season Migratory regulations for these species and for changed little, and no comparisons were Bird Hunting Regulations other early seasons. On July 17, 1998, possible for the remaining 5. Spring the Service published in the Federal estimates of several Canada goose AGENCY: Fish and Wildlife Service, Register (63 FR 38700) a third document populations that nest near Hudson Bay Interior. specifically dealing with proposed declined this year; the declines may be ACTION: Proposed rule; Supplemental. early-season frameworks for the 1998± at least partly an artifact of survey 99 season. The July 17 supplement also timing. Forecasts for production of SUMMARY: The Fish and Wildlife Service established the final regulatory young in 1998 varied regionally based (hereinafter the Service) is proposing to alternatives for the 1998±99 duck largely on spring weather and habitat establish the 1998±99 late-season hunting season for all States except conditions. Generally, spring phenology hunting regulations for certain Alabama, Arkansas, Kentucky, was earlier than normal in northern migratory game birds. The Service Louisiana, Mississippi, and Tennessee. Quebec and the Hudson Bay Lowlands, annually prescribes frameworks, or On August 5, 1998, the Service which should result in greater-than- outer limits, for dates and times when published in the Federal Register (63 average rate of production for geese hunting may occur and the number of FR 41926) a fourth document dealing nesting there. In most areas of the birds that may be taken and possessed specifically with the final regulatory central and western Arctic, and along in late seasons. These frameworks are alternatives for the 1998±99 duck the west coast of Alaska, average necessary to allow State selections of hunting season for the States of production is expected from nesting seasons and limits and to allow Alabama, Arkansas, Kentucky, geese and swans. In the interior of recreational harvest at levels compatible Louisiana, Mississippi, and Tennessee. Alaska, a mild spring with minimal with population and habitat conditions. The Service will publish a rulemaking flooding should lead to better-than- DATES: The comment period for establishing final frameworks for early- average production. Habitat conditions proposed late-season frameworks will season migratory bird hunting for nesting geese deteriorated in much end on September 7, 1998. regulations for the 1998±99 season in of southcentral Canada since last spring, ADDRESSES: Comments should be late August. but they remained mostly favorable in On August 6, 1998, the Service held mailed to Chief, Office of Migratory Bird eastern Canada and much of the a public hearing in Washington, DC, as Management, U.S. Fish and Wildlife contiguous U.S. announced in the March 20, May 29, Service, Department of the Interior, ms The 1998 estimate of total ducks in 634±ARLSQ, 1849 C Street, NW., and July 17 Federal Register, to review the status of waterfowl. This document the traditional survey area was 39.1 Washington, DC 20240. The public may million birds, an 8% decrease (P < 0.01) inspect comments during normal deals specifically with proposed frameworks for the late-season from 1997 but still 20% higher (P < business hours in room 634, Arlington 0.01) than the long-term average. The Square Building, 4401 N. Fairfax Drive, migratory bird hunting regulations. It will lead to final frameworks from estimate for mallards (Anas Arlington, Virginia. which States may select season dates, platyrhynchos) was 9.6 million, a value FOR FURTHER INFORMATION CONTACT: Paul shooting hours, areas, and limits. The similar (P = 0.49) to that of last year. R. Schmidt, Chief, Office of Migratory Service has considered all pertinent Abundances of green-winged teal (Anas Bird Management, U.S. Fish and comments received through August 6, crecca), northern shovelers (A. Wildlife Service, (703) 358±1714. 1998, in developing this document. In clypeata), northern pintails (A. acuta), SUPPLEMENTARY INFORMATION: addition, new proposals for certain late- and scaup (Aythya affinis and A. marila combined) decreased (P < 0.04) from Regulations Schedule for 1998 season regulations are provided for public comment. Comment periods are levels observed in 1997. Estimates for 7 On March 20, 1998, the Service specified above under DATES. The of the 10 principal duck species were published in the Federal Register (63 Service will publish final regulatory above (P ≤ 0.04) their respective long- FR 13748) a proposal to amend 50 CFR frameworks for late-season migratory term averages, but northern pintail and part 20. The proposal dealt with the game bird hunting in the Federal 2 scaup species (combined) remained establishment of seasons, limits, and Register on or about September 25, below their averages (P < 0.01). The other regulations for migratory game 1998. number of ponds in May (4.6 million) birds under §§ 20.101 through 20.107, was 38% lower (P < 0.01) than last year, 20.109, and 20.110 of subpart K. On Presentations at Public Hearing and 6% lower (P = 0.06) than the long- May 29, 1998, the Service published in The Service presented a report on the term average. In eastern areas of Canada the Federal Register (63 FR 29518) a status and harvest of waterfowl. This and the U.S., the number of total ducks second document providing report is briefly reviewed below as a was similar (P = 0.74) to that of last year supplemental proposals for early- and matter of public information, and is a and to the 1995±97 average (P = 0.85). late-season migratory bird hunting summary of information contained in Habitats in the eastern survey area were regulations frameworks and the the ``Status of Waterfowl and Fall Flight somewhat drier than last year, but proposed regulatory alternatives for the Forecast'' and the ``Preliminary conditions remained favorable for 1998±99 duck hunting season. The May Estimates of Waterfowl Harvest and waterfowl production. The preliminary 29 supplement also provided detailed Hunter Activity in the United States estimate of the total-duck fall-flight information on the 1998±99 regulatory During the 1997 Hunting Season'' index is 84 million birds, compared to schedule and announced the Service reports. 92 million last year. The fall flight is Federal Register / Vol. 63, No. 164 / Tuesday, August 25, 1998 / Proposed Rules 45351 predicted to include 11.7 million The number of young per adult in the containing substantial recommendations mallards, 18% lower (P < 0.01) than the harvest serves as an indicator of are included below. estimate of 14.4 million in 1997. reproductive success. Harvest age ratios A. General Harvest Strategy During the 1997±98 hunting season, of mallards increased from 1.06 in 1996 both the number of duck stamps sold to 1.20 in 1997. The age ratios of most Council Recommendations: The and participation by hunters increased ducks increased in 1997, suggesting Atlantic Flyway Council, the Upper- for the fifth consecutive year. Hunter improved production. A substantial Region Regulations Committee of the participation differed among Flyways, increase from 0.86 to 1.47 was noted for Mississippi Flyway Council, the Central with the largest increases in recent years the black duck. Slight decreases were Flyway Council, and the Pacific Flyway occurring in the Mississippi and Central noted for redhead ducks and Council recommended adopting the Flyways. In the Atlantic and Pacific canvasbacks. Age ratios of most goose ``liberal'' alternative for the 1998±99 Flyways, hunters numbers have not populations were higher in 1997 than in duck hunting season. increased appreciably in the last decade. 1996, except Ross', white-fronted geese, The Lower-Region Regulations Overall, hunter numbers remain well and Pacific brant experienced decreased Committee of the Mississippi Flyway below the highs observed during the age ratios. Council recommended adoption of the early 1970s. ``liberal'' alternative with a modification Review of Comments Received at Public of the framework closing date. Specific The number of days that hunters Hearing details are discussed in B. Framework participated in hunting increased in all Dates. Flyways last year. In the Mississippi One individual presented a statement at the August 6, 1998, public hearing. The Mississippi Flyway Council and Central Flyways the number of recommended that the Service or the hunter-days approached historical His comments are summarized below. Mr. Brad Bales, Oregon Department of Adaptive Harvest Management Working record highs. The seasonal success of Fish and Wildlife, spoke on behalf of Group consider: (1) the definition of the hunters during the 1997±98 hunting the Pacific Flyway Council. He blank cells in the AHM matrix, (2) the season was very similar to that of the indicated that the Council supported utility of eliminating the ``very previous hunting season. Record hunter and appreciated the Service's decision restrictive'' regulations package, and (3) success occurred in the Mississippi and on the framework issue and was also in the utility of a constraint that the Central Flyways. On the average, the strong support of the proposed National regulations package may change by no hunters that participated in duck Flyway Council review of this issue.