The Service proposes to clarify and simplify the migratory game bird hunting regulations regarding baiting. The Service is proposing these changes after an extensive review of the current regulations and in response to public concern about interpretation and clarity of the current regulations, especially with respect to current migratory bird habitat conservation practices (i.e., moist-soil management). The Service proposes new regulatory language for: Accidental scattering of agricultural crops or natural vegetation incidental to hunting, normal agricultural and soil stabilization practices, baited areas, baiting, manipulation, natural vegetation, and top-sowing of seeds. Proposed changes include new guidance with respect to hunting over natural vegetation that has been manipulated. The Service invites public comment on this proposed rulemaking and will carefully review and consider all comments received prior to any final rulemaking.

DATES:

Comments on this proposed rulemaking must be received by May 26, 1998.

ADDRESSES:

Comments regarding this proposed rulemaking should be addressed to:

Comments may be hand delivered to

The public may inspect comments during normal business hours at

FOR FURTHER INFORMATION CONTACT:

Kevin Adams, Chief, Division of Law Enforcement, telephone 703/358-1949, or Paul Schmidt, Chief, Office of Migratory Bird Management, telephone 703/358-1714.

SUPPLEMENTARY INFORMATION:

Background

The Fish and Wildlife Service (Service) has authority (16 U.S.C. 703-712 and 16 U.S.C. 742a-j) to regulate activities involving the hunting and other taking of migratory game birds. The Service has promulgated regulations (50 CFR part 20) for the hunting of migratory game birds that includes sections for Methods of Take and Definitions of Terms. First established in 1935, the migratory game bird hunting regulations have been substantially modified over the last 60 years to allow more effective management of migratory game bird populations and to respond to public concerns. The Service last modified the portion of the regulations specific to baiting and hunting over baited areas [50 CFR 20.21(i)] in 1973. The Service has recently received comments from various State wildlife management agencies, the general public, hunters, and conservation organizations to the effect that the baiting regulations are outdated, unclear, and difficult for the general public to interpret and understand. While the Service is attempting to simplify and clarify the regulations in this proposed rulemaking, the Service must also ensure that any proposed changes will both provide continued control over unlawful baiting activities and encourage habitat conservation and management for the benefit of migratory birds. In 1991, the Service published its intent to review multiple wildlife regulations, including the regulations covering migratory birds, in a Federal Register notice dated November 14, 1991 (56 FR 57872). Subsequently, in a Federal Register notice dated December 1, 1993 (58 FR 63488), the Service published its intent to further review the migratory bird regulations in 50 CFR parts 20 and 21, subpart D. On March 22, 1996, the Service announced its intent in the Federal Register (61 FR 11805) to review the migratory bird hunting regulations specific to waterfowl baiting separately from review of other portions of the regulations pending Service assessment of the moist-soil management aspect (manipulation of natural vegetation).

However, the Service has recently decided that in order to achieve the necessary clarity and simplicity in the current regulations, it should review the baiting regulations for all migratory game birds, not just waterfowl. All of the public comments received by the Service in response to the prior Federal Register notices have been carefully considered during development of this proposed rule. In addition to the Federal Register notices detailed above inviting public comments, on March 22, 1996, the Service requested the International Association of Fish and Wildlife Agencies (International) to review waterfowl baiting issues involving moist-soil management and make recommendations to the Service. In developing its recommendations, the Service suggested that the International would likely need a working group that represented a broad range of use interests. In May 1997, the International submitted comments to the Service that have been reviewed and considered during development of this proposed rule.