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Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird Hunting Regulations for the 2006-07 Hunting Season; Notice of Meetings
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 30, 2006 (Volume 71, Number 103)]
[Proposed Rules]
[Page 30785-30791]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my06-34]
[[Page 30786]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AT76
Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird
Hunting Regulations for the 2006-07 Hunting Season; Notice of Meetings
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; supplemental.
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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or
we) proposed in an earlier document to establish annual hunting
regulations for certain migratory game birds for the 2006-07 hunting
season. This supplement to the proposed rule provides the regulatory
schedule; announces the Service Migratory Bird Regulations Committee
and Flyway Council meetings; provides Flyway Council recommendations
resulting from their March meetings; and provides regulatory
alternatives for the 2006-07 duck hunting seasons.
DATES: The Service Migratory Bird Regulations Committee will meet to
consider and develop proposed regulations for early-season migratory
bird hunting on June 21 and 22, 2006, and for late-season migratory
bird hunting and the 2007 spring/summer migratory bird subsistence
seasons in Alaska on July 26 and 27, 2006. All meetings will commence
at approximately 8:30 a.m. Following later Federal Register notices,
you will be given an opportunity to submit comments for proposed early-
season frameworks by July 30, 2006, and for proposed late-season
frameworks and subsistence migratory bird seasons in Alaska by August
30, 2006.
ADDRESSES: The Service Migratory Bird Regulations Committee will meet
in room 200 of the U.S. Fish and Wildlife Service's Arlington Square
Building, 4401 N. Fairfax Drive, Arlington, Virginia. Send your
comments on the proposals to the Chief, Division of Migratory Bird
Management, U.S. Fish and Wildlife Service, Department of the Interior,
MS MBSP-4107-ARLSQ, 1849 C Street, NW., Washington, DC 20240. All
comments received, including names and addresses, will become part of
the public record. You may inspect comments during normal business
hours in room 4107, Arlington Square Building, 4501 North Fairfax
Drive, Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, at: Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, Department
of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street, NW., Washington, DC
20240, (703) 358-1714.
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 2006
On April 11, 2006, we published in the Federal Register (71 FR
18562) 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. This document is the
second in a series of proposed, supplemental, and final rules for
migratory game bird hunting regulations. We will publish proposed
early-season frameworks in early July and late-season frameworks in
early August. We will publish final regulatory frameworks for early
seasons on or about August 18, 2006, and for late seasons on or about
September 15, 2006.
Service Migratory Bird Regulations Committee Meetings
The Service Migratory Bird Regulations Committee will meet June 21-
22, 2006, to review information on the current status of migratory
shore and upland game birds and develop 2006-07 migratory game bird
regulations recommendations for these species plus regulations for
migratory game birds in Alaska, Puerto Rico, and the Virgin Islands.
The Committee will also develop regulations recommendations for special
September waterfowl seasons in designated States, special sea duck
seasons in the Atlantic Flyway, and extended falconry seasons. In
addition, the Committee will review and discuss preliminary information
on the status of waterfowl.
At the July 26-27, 2006, meetings, the Committee will review
information on the current status of waterfowl and develop 2006-07
migratory game bird regulations recommendations for regular waterfowl
seasons and other species and seasons not previously discussed at the
early-season meetings. In addition, the Committee will develop
recommendations for the 2007 spring/summer migratory bird subsistence
season in Alaska.
In accordance with Departmental policy, these meetings are open to
public observation. You may submit written comments to the Service on
the matters discussed.
Announcement of Flyway Council Meetings
Service representatives will be present at the individual meetings
of the four Flyway Councils this July. Although agendas are not yet
available, these meetings usually commence at 8 a.m. on the days indicated.
Atlantic Flyway Council: July 20-21, Embassy Suites, 337 Meeting
Street, Charleston, South Carolina.
Mississippi Flyway Council: July 22-23, Doubletree Inn, Westport,
Missouri.
Central Flyway Council: July 20-21, Holiday Inn, Estes Park, Colorado.
Pacific Flyway Council: July 19, Doubletree Hotel, Spokane City
Center, Spokane, Washington.
Review of Public Comments
This supplemental rulemaking describes Flyway Council recommended
changes based on the preliminary proposals published in the April 11,
2006, Federal Register. We have included only those recommendations
requiring either new proposals or substantial modification of the
preliminary proposals. This supplement does not include recommendations
that simply support or oppose preliminary proposals and provide no
recommended alternatives. We will consider these recommendations later
in the regulations-development process. We will publish responses to
all proposals and written comments when we develop final frameworks. In
addition, this supplemental rulemaking contains the regulatory
alternatives for the 2006-07 duck hunting seasons. We have included all
Flyway Council recommendations received relating to the development of
these alternatives.
We seek additional information and comments on the recommendations
in this supplemental proposed rule. New proposals and modifications to
previously described proposals are discussed below. Wherever possible,
they are discussed under headings corresponding to the numbered items
identified in the April 11, 2006, proposed rule. Only those categories
requiring your attention or for which we received Flyway Council
recommendations are discussed below.
1. Ducks
Categories used to discuss issues related to duck harvest
management are: (A) General Harvest Strategy, (B) Regulatory
Alternatives, including specification of framework dates, season
length, and bag limits, (C) Zones and Split Seasons, and (D) Special
Seasons/Species Management.
[[Page 30787]]
A. General Harvest Strategy
Council Recommendations: The Upper- and Lower-Region Regulations
Committees of the Mississippi Flyway Council recommended that
regulations changes be restricted to one step per year, both when
restricting as well as liberalizing hunting regulations.
Service Response: As we stated last year in the June 24, 2005,
Federal Register (70 FR 36794), our incorporation of a one-step
constraint into the Adaptive Harvest Management (AHM) process was
addressed by the AHM Task Force of the International Association of
Fish and Wildlife Agencies (IAFWA) in its report and recommendations.
This recommendation will be included in considerations of potential
changes to the set of regulatory alternatives at a later time.
B. Regulatory Alternatives
Council Recommendations: The Upper- and Lower-Region Regulations
Committees of the Mississippi Flyway Council recommended that
regulatory alternatives for duck hunting seasons remain the same as
those used in 2005.
The Central Flyway Council recommended that the Service adopt AHM
duck regulations packages and additional species/sex restrictions for
the Central Flyway in 2006-07 that are the same as those used in the
2005-06 season, except for the following changes necessary for
implementation of the Hunter's Choice evaluation proposal, provided
that Federal frameworks permit open seasons for pintails and canvasbacks:
(1) In Montana, Nebraska, Colorado, Oklahoma, and New Mexico,
frameworks will establish 39-day season lengths, concurrent with the
regular season zones and splits, and 1-bird daily bag limit for both
pintails and canvasbacks; and
(2) In North Dakota, South Dakota, Wyoming, Kansas, and Texas,
Hunter's Choice bag limit regulations will be used as follows:
Within the ``liberal'' and ``moderate'' regulatory alternatives,
the daily bag limit will be 5 ducks, with species and sex
restrictions as follows: Scaup, redhead, and wood duck--2; only 1
duck from the following group: Hen mallard, mottled duck, pintail,
canvasback. Within the ``restrictive'' regulatory alternative, the
daily bag limit will be 3 ducks, with species and sex restrictions
as follows: Scaup, redhead and wood duck--2; only 1 duck from the
following group: Hen mallard, mottled duck, pintail, canvasback. The
possession limit will be twice the daily bag limit under all
regulatory alternatives.
The Central Flyway Council further recommends that these frameworks
remain in place for the duration of the Hunter's Choice evaluation.
Service Response: On March 11, 2005, the AHM Task Force submitted a
draft final report (http://migratorybirds.fws.gov/mgmt/ahm/taskforce/
taskforce.htm) 
to the IAFWA Executive Committee concerning the
future development and direction of AHM. The Task Force endeavored to
develop a strategic approach that was comprehensive and integrative, that
recognized the diverse perspectives and desires of stakeholders, that
was consistent with resource monitoring and assessment capabilities,
and that hopefully could be embraced by all four Flyways Councils. We
appreciate the extensive discussion the report has received over the
past year and look forward to continuing dialogue concerning the future
strategic course for AHM.
One of the most widely debated issues continues to be the nature of
the regulatory alternatives. The Task Force recommended a simpler and
more conservative approach than is reflected in the regulatory
alternatives used since 1997, which are essentially those proposed by
the Service for the 2006-07 hunting season (April 11 Federal Register).
As yet, however, no consensus has emerged among the Flyway Councils
concerning modifications to the regulatory alternatives, nor is such
consensus expected in time to select a regulatory alternative for the
2006-07 hunting season. Therefore, the regulatory alternatives proposed
in the April 11 Federal Register will be used for the 2006-07 hunting
season. In 2005, the AHM regulatory alternatives were modified to
consist only of the maximum season lengths, framework dates, and bag
limits for total ducks and mallards. Restrictions for certain species
within these frameworks that are not covered by existing harvest
strategies will be addressed during the late-season regulations
process. For those species with existing harvest strategies (canvasbacks
and pintails), those strategies to be used for the 2006-07 hunting season.
In November 2005 and January 2006, the Service's Division of
Migratory Bird Management conducted technical reviews of the Central
Flyway's ``Hunter's-Choice'' bag-limit experiment. Based on these
reviews, the Central Flyway submitted a revised proposal to the Service
in March 2006. The Service is considering this revised proposal to
implement the ``Hunter's-Choice'' bag-limit experiment in the Central
Flyway. This proposal will be addressed during the late-season
regulations process.
C. Zones and Split Seasons
Council Recommendations: The Central Flyway Council recommended a
minor change to the High Plains Mallard Management Unit (HPMMU)
boundary in South Dakota.
The Pacific Flyway Council recommended two changes to zones in the
Pacific Flyway for the duck season framework: (1) Modifying the
boundary between the Northeast and Balance of the State Zone in the
Shasta Valley of California; and (2) creating two zones in the Pacific
Flyway portion of Wyoming.
4. Canada Geese
A. Special Seasons
Council Recommendations: The Atlantic Flyway Council made several
recommendations dealing with early Canada goose seasons. First, the
Council recommended that the Service allow the use of special
regulations (electronic calls, unplugged guns, extended hunting hours)
later than September 15 during existing September Canada goose hunting
seasons in Atlantic Flyway States. Use of these special regulations
would be limited to the geographic areas of States that were open to
hunting and under existing September season ending dates as approved by
the Service for the 2006 regulation cycle. This regulation would take
effect as soon as the final rule on resident Canada goose management is
effective. Second, the Council recommended increasing the Atlantic
Flyway's September Canada goose hunting season daily bag limit to 15
geese, with a possession limit of 30 geese, beginning with the 2006-07
hunting season. Lastly, the Council recommended allowing Maryland to
modify the boundary of their Early Resident Canada Goose Western Zone.
The Central Flyway Council recommended that evaluation requirements
for September Canada goose hunting seasons from September 16 to
September 30 be waived for all east-tier Central Flyway States south of
North Dakota. The Council also recommended that the Oklahoma
experimental September Canada goose season be allowed to continue until
sufficient goose tail fan samples are obtained for the September 16-30
time period to meet Service evaluation requirements and that Kansas be
allowed to implement a three year (2006-08) experimental Canada goose
season during the September 16-30 period.
[[Page 30788]]
B. Regular Seasons
Council Recommendations: The Upper- and Lower-Region Regulations
Committees of the Mississippi Flyway Council recommended that the
framework opening date for all species of geese for the regular goose
seasons be September 16 in 2006 and future years. If this
recommendation is not approved, the Committees recommended that the
framework opening date for all species of geese for the regular goose
seasons in Michigan and Wisconsin be September 16, 2006.
The Central Flyway Council recommended that Canada goose
regulations be moved to the early-season regulations schedule in the
east-tier States of the Central Flyway. Further, the Council
recommended a season framework of 107 days with a daily bag limit of 3
Canada geese (or any other goose species except light geese and white-
fronted geese) in all east-tier States, except in the Big Stone Power
Plant area of South Dakota where the daily bag limit would be 3 until
November 30 and 2 thereafter. Framework dates would be September 16 to
the Sunday nearest February 15 (February 18, 2007). States could split
the season twice, and the possession limit would be twice the daily bag
limit.
7. Snow and Ross's (Light) Geese
Council Recommendations: The Atlantic Flyway Council recommended
raising the possession limit of geese to four times the daily bag
limit, except where currently more liberal.
8. Swans
Council Recommendations: The Atlantic Flyway Council recommended
allowing the take of tundra swans during the special youth waterfowl
hunt day(s) to those individuals holding a valid permit/tag.
9. Sandhill Cranes
Council Recommendations: The Central Flyway Council recommended
using the 2006 Rocky Mountain Population sandhill crane harvest
allocation of 1,321 birds as proposed in the allocation formula using
the 2003-2005 three-year running average.
The Pacific Flyway Council recommended initiating a limited hunt
for Lower Colorado River sandhill cranes in Arizona, with the goal of
the hunt being a limited harvest of 10 cranes in January. To limit
harvest, Arizona would issue permit tags to hunters and require
mandatory check of all harvested cranes. To limit disturbance of
wintering cranes, Arizona would restrict the hunt to one 3-day period.
Arizona would also coordinate with the National Wildlife Refuges where
cranes occur.
11. Moorhens and Gallinules
Council Recommendations: The Atlantic Flyway Council recommended
changing the framework closing date for moorhens and gallinules from
January 20 to January 31 to help standardize the framework ending dates
for those webless species that are found in the same areas as waterfowl.
12. Rails
Council Recommendations: The Atlantic Flyway Council recommended
changing the framework closing date for rails from January 20 to
January 31 to help standardize the framework ending dates for those
webless species that are found in the same areas as waterfowl.
16. Mourning Doves
Council Recommendations: The Atlantic, Mississippi, and Central
Flyway Councils supported the Service's recommended guidelines for dove
zones and split seasons in the Eastern and Central Management Units.
The recommended guidelines consisted of the following:
(1) A zone is a geographic area or portion of a State, with a
contiguous boundary, for which independent dates may be selected for
the dove season.
(2) States in management units approved for zoning may select a
zone/split option during an open season. It must remain in place for a
5-year period.
(3) Zoning periods for dove hunting will conform to those years
used for ducks, e.g., 2006-2010.
(4) The zone/split configuration consists of two zones with the
option for 3-way (3-segment) split seasons in one or both zones. As a
grandfathered arrangement, Texas will have three zones with the option
for 2-way (2 segments) split seasons in one, two, or all three zones.
(5) States that do not wish to zone for dove hunting may split
their seasons into no more than three segments.
The Atlantic and Mississippi Flyway Councils recommended allowing
States in the Eastern Management Unit (EMU) to adopt hunting seasons
and daily bag limits that include an aggregate daily bag limit composed
of mourning doves and white-winged doves, singly or in combination. The
Councils further recommended that States be allowed to begin mourning
dove seasons as early as September 1, regardless of zones.
17. White-Winged and White-Tipped Doves
Council Recommendations: The Atlantic and Mississippi Flyway
Councils recommended allowing States in the Eastern Management Unit
(EMU) to adopt hunting seasons and daily bag limits that include an
aggregate daily bag limit composed of mourning doves and white-winged
doves, singly or in combination.
18. Alaska
Council Recommendations: The Pacific Flyway Council recommended
maintaining status quo in the Alaska early-season framework, except for
the following changes: (1) Council supports an increase in the daily
limit for white geese from 3 to 4, consistent with other Pacific Flyway
States; and (2) Council recommends that brant season length be restored
to 107 days.
Public Comment Invited
The Department of the Interior's policy is, whenever practicable,
to afford the public an opportunity to participate in the rulemaking
process. We intend that adopted final rules be as responsive as
possible to all concerned interests and, therefore, seek the comments
and suggestions of the public, other concerned governmental agencies,
nongovernmental organizations, and other private interests on these
proposals. Accordingly, we invite interested persons to submit written
comments, suggestions, or recommendations regarding the proposed
regulations to the address indicated under the caption ADDRESSES.
Special circumstances involved in the establishment of these
regulations limit the amount of time that we can allow for public
comment. Specifically, two considerations compress the time in which
the rulemaking process must operate: (1) The need to establish final
rules at a point early enough in the summer to allow affected State
agencies to appropriately adjust their licensing and regulatory
mechanisms; and (2) the unavailability, before mid-June, of specific,
reliable data on this year's status of some waterfowl and migratory
shore and upland game bird populations. Therefore, we believe that to
allow comment periods past the dates specified is contrary to the
public interest. Before promulgation of final migratory game bird
hunting regulations, we will take into consideration all comments
received. Such comments, and any additional information received, may
lead to final regulations that differ from these proposals.
[[Page 30789]]
You may inspect comments received on the proposed annual
regulations during normal business hours at the Service's office in
room 4107, 4501 North Fairfax Drive, Arlington, Virginia. For each
series of proposed rulemakings, we will establish specific comment
periods. We will consider, but possibly may not respond in detail to,
each comment. As in the past, we will summarize all comments received
during the comment period and respond to them after the closing date.
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 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 from 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 for the migratory bird hunting program.
Public scoping meetings were held in the spring of 2006, and were
detailed in a March 9, 2006, Federal Register notice (71 FR 12216).
Endangered Species Act Consideration
Prior to issuance of the 2006-07 migratory game bird hunting
regulations, we will comply with provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531-1543; hereinafter the Act), to
ensure that hunting is not likely to jeopardize the continued existence
of any species designated as endangered or threatened or modify or
destroy its critical habitat and is consistent with conservation
programs for those species. Consultations under Section 7 of this Act
may cause us to change proposals in this and future supplemental
proposed rulemaking documents.
Executive Order 12866
The migratory bird hunting regulations are economically significant
and were reviewed by the Office of Management and Budget (OMB) under
Executive Order 12866. As such, a cost/benefit analysis was initially
prepared in 1981. This analysis was subsequently revised annually from
1990-96, updated in 1998, and updated again in 2004. It is further
discussed below under the heading Regulatory Flexibility Act. Results
from the 2004 analysis indicate that the expected welfare benefit of
the annual migratory bird hunting frameworks is on the order of $734
million to $1.064 billion, with a mid-point estimate of $899 million.
Copies of the cost/benefit analysis are available upon request from the
address indicated under ADDRESSES or from our Web site at
http://www.migratorybirds.gov.
Executive Order 12866 also requires each agency to write
regulations that are easy to understand. We invite comments on how to
make this rule easier to understand, including answers to questions
such as the following:
(1) Are the requirements in the rule clearly stated?
(2) Does the rule contain technical language or jargon that
interferes with its clarity?
(3) Does the format of the rule (grouping and order of sections,
use of headings, paragraphing, etc.) aid or reduce its clarity?
(4) Would the rule be easier to understand if it were divided into
more (but shorter) sections?
(5) Is the description of the rule in the SUPPLEMENTARY INFORMATION
section of the preamble helpful in understanding the rule?
(6) What else could we do to make the rule easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240.
You may also e-mail the comments to this address: Exsec@ios.doi.gov.
Regulatory Flexibility Act
These 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 discussed under Executive Order 12866. 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, and 2004. 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 2004 Analysis was based on the 2001 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 between $481 million and $1.2 billion at small businesses in
2004. Copies of the Analysis are available upon request from the
address indicated under ADDRESSES or from our Web site at
http://www.migratorybirds.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,
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 (PRA). There are no new information collections in this proposed
rule that would require OMB approval under the PRA. The existing
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 the surveys associated with the Migratory Bird Harvest Information
Program and assigned clearance number 1018-0015 (expires 2/29/2008).
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 Sandhill Crane
Harvest Survey and assigned clearance number 1018-0023 (expires 11/30/
2007). The information from this survey is used to estimate the
magnitude and the geographical and temporal distribution of the
harvest, and the portion it constitutes of the total population. 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
[[Page 30790]]
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 proposed rule, has determined
that this proposed 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 proposed 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
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. While this proposed
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.
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.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
The rules that eventually will be promulgated for the 2006-07 hunting
season are authorized under 16 U.S.C. 703-712 and 16 U.S.C. 742a-j.
Dated: May 17, 2006.
Matt Hogan,
Acting Assistant Secretary for Fish and Wildlife and Parks.
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