Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird Hunting Regulations for the 2015-16 Hunting Season; Notice of Meetings, 33223-33227 [2015-14128]
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Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0246; FRL–9928–10–
Region 9]
Revisions to the California State
Implementation Plan, Butte County Air
Quality Management District, Feather
River Air Quality Management District,
and San Luis Obispo County Air
Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Butte County Air
Quality Management District
(BCAQMD), Feather River Air Quality
Management District (FRAQMD), and
San Luis Obispo County Air Pollution
Control District (SLOCAPCD) portions
of the California State Implementation
Plan (SIP). These revisions concern
emission statements, definitions and
mobile equipment coating. We are
proposing to approve local rules to
regulate these emission sources under
the Clean Air Act (CAA or the Act).
DATES: Any comments on this proposal
must arrive by July 13, 2015.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2015–0246, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and the EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send
email directly to the EPA, your email
address will be automatically captured
and included as part of the public
comment. If the EPA cannot read your
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SUMMARY:
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comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California 94105–3901. While all
documents in the docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, (415)
972–3024, lazarus.arnold@epa.gov.
This
proposal addresses the following local
rules: BCAQMD Rule 101, BCAQMD
Rule 434, FRAQMD Rule 3.19 and
SLOCAPCD Rule 222. In the Rules and
Regulations section of this Federal
Register, we are approving these local
rules in a direct final action without
prior proposal because we believe these
SIP revisions are not controversial. If we
receive adverse comments, however, we
will publish a timely withdrawal of the
direct final rule and address the
comments in subsequent action based
on this proposed rule. Please note that
if we receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
SUPPLEMENTARY INFORMATION:
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
Dated: May 8, 2015.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2015–14077 Filed 6–10–15; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS–HQ–MB–2014–0064;
FF09M21200–156–FXMB1231099BPP0]
RIN 1018–BA67
Migratory Bird Hunting; Supplemental
Proposals for Migratory Game Bird
Hunting Regulations for the 2015–16
Hunting Season; Notice of Meetings
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; supplemental.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), proposed in
an earlier document to establish annual
hunting regulations for certain
migratory game birds for the 2015–16
hunting season. This supplement to the
proposed rule provides the regulatory
schedule, announces the Service
Migratory Bird Regulations Committee
and Flyway Council meetings, and
provides Flyway Council
recommendations resulting from their
March meetings.
DATES: Comments: You must submit
comments on the proposed regulatory
alternatives for the 2015–16 duck
hunting seasons on or before June 26,
2015, as detailed in the proposed rule
published in the Federal Register on
April 13, 2015 (80 FR 19852). Following
subsequent Federal Register notices,
you will be given an opportunity to
submit comments for proposed earlyseason frameworks by July 29, 2015, and
for proposed late-season frameworks by
August 29, 2015.
Meetings: The Service Migratory Bird
Regulations Committee will meet to
consider and develop proposed
regulations for early-season migratory
bird hunting on June 24 and 25, 2015;
and for late-season migratory bird
hunting and the 2015 spring/summer
Alaskan migratory bird subsistence
season on July 29 and 30, 2015. All
meetings will commence at
approximately 8:30 a.m. and are open to
the public.
ADDRESSES: Comments: You may submit
comments on the proposals by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–HQ–MB–2014–
0064.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–HQ–
MB–2014–0064; Division of Policy,
Performance, and Management
SUMMARY:
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Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Proposed Rules
Programs; U.S. Fish and Wildlife
Service, MS: BPHC; 5275 Leesburg Pike,
Falls Church, VA 22041.
We will not accept emailed or faxed
comments. We will post all comments
on https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Public Comments section,
below, for more information).
Meetings: The Service Migratory Bird
Regulations Committee will meet at the
U.S. Fish and Wildlife Service, 5275
Leesburg Pike, Falls Church, 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:MB, 5275 Leesburg Pike, Falls
Church, VA 22041; (703) 358–1714.
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 2015
On April 13, 2015, we published in
the Federal Register (80 FR 19852) a
proposal to amend 50 CFR part 20. The
proposal provided a background and
overview of the migratory bird hunting
regulations process, and addressed the
establishment of seasons, limits, and
other regulations for hunting migratory
game birds under §§ 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 15, 2015, and for late
seasons on or about September 19, 2015.
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Service Migratory Bird Regulations
Committee Meetings
The Service Migratory Bird
Regulations Committee (SRC) will meet
June 24–25, 2015, to review information
on the current status of migratory shore
and upland game birds and develop
2015–16 migratory game bird
regulations recommendations for these
species, plus regulations for migratory
game birds in Alaska, Puerto Rico, and
the Virgin Islands. The SRC will also
develop regulations recommendations
for September waterfowl seasons in
designated States, special sea duck
seasons in the Atlantic Flyway, and
extended falconry seasons. In addition,
the SRC will review and discuss
preliminary information on the status of
waterfowl.
At the July 29–30, 2015, meetings, the
SRC will review information on the
current status of waterfowl and develop
2015–16 migratory game bird
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regulations recommendations for regular
waterfowl seasons and other species and
seasons not previously discussed at the
early-season meetings. In addition, the
SRC will develop recommendations for
the 2016 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 and are also
open to the public.
Atlantic Flyway Council: July 23–24,
Hilton Albany, Albany, NY.
Mississippi Flyway Council: July 23–
24, Doubletree Hotel, New Orleans, LA.
Central Flyway Council: July 23–24,
Best Western GranTree Inn, Bozeman,
MT.
Pacific Flyway Council: July 24,
Whitney Peak Hotel, Reno, NV.
Review of Public Comments
This supplemental rulemaking
describes Flyway Council recommended
changes based on the preliminary
proposals published in the April 13,
2015, Federal Register. We have
included only those recommendations
requiring either new proposals or
substantial modification of the
preliminary proposals and do not
include recommendations that simply
support or oppose preliminary
proposals and provide no recommended
alternatives. Our responses to some
Flyway Council recommendations, but
not others, are merely a clarification to
aid the reader on the overall regulatory
process, not a definitive response to the
issue. We will publish responses to all
proposals and written comments when
we develop final frameworks.
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 13, 2015,
proposed rule. Only those categories
requiring your attention or for which we
received Flyway Council
recommendations are discussed below.
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1. Ducks
Duck harvest management categories
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.
A. General Harvest Strategy
Council Recommendations: 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 in the
April 13, 2015, Federal Register, the
final adaptive harvest management
(AHM) protocol for the 2015–16 season
will be detailed in the early-season
proposed rule, which will be published
in mid-July.
B. Regulatory Alternatives
Council Recommendations: The
Mississippi and Central Flyway
Councils recommended that regulatory
alternatives for duck hunting seasons
remain the same as those used in 2014–
15.
Service Response: As we stated in the
April 13, 2015, Federal Register, the
final regulatory alternatives for the
2015–16 season will be detailed in the
early-season proposed rule, which will
be published in mid-July.
C. Zones and Split Seasons
Council Recommendations: The
Mississippi and Central Flyway
Councils recommended no changes to
the existing zone and split season
guidelines. However, they further
recommended that States be provided
the option of changing duck zones and
split arrangements in either the 2016–17
or 2017–18 seasons, with the next open
season in 2021 for the 2021–25 period.
4. Canada Geese
A. Special Seasons
Council Recommendations: The
Pacific Flyway Council recommended
increasing season length from 7 to 15
days and the daily bag limit from 2 to
5 for Canada geese in Idaho.
B. Regular Seasons
Council Recommendations: The
Mississippi Flyway Council
recommended that the framework
opening date for all species of geese for
the regular goose seasons be September
16, 2015, in the Lower Peninsula of
Michigan and Wisconsin, and
September 11, 2015, in the Upper
Peninsula of Michigan.
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6. Brant
For the 2015–16 Atlantic brant
season, we will continue to use the
existing Flyway Cooperative
Management Plan for this species to
determine the appropriate hunting
regulations. However, as we discuss
below, the process for determining
regulations for the 2016–17 season will
need to be modified. In the April 30,
2014 (79 FR 24512), and the April 13,
2015 (80 FR 19852), Federal Registers,
we discussed how, under the new
regulatory process, the current earlyand late-season regulatory actions will
be combined into a new single process
beginning with the 2016–17 seasons.
Regulatory proposals will be developed
using biological data from the preceding
year(s), model predictions, or most
recently accumulated data that are
available at the time the proposals are
being formulated. Individual harvest
strategies will be modified using data
from the previous year(s) because the
current year’s data would not be
available for many of the strategies.
Further, we stated that, during this
transition period, harvest strategies and
prescriptions would be modified to fit
into the new regulatory schedule.
Atlantic brant is one such species that
will require some modifications to the
regulatory process that we have largely
used since 1992 to establish the annual
frameworks.
In developing the annual proposed
frameworks for Atlantic brant in the
past, the Atlantic Flyway Council and
the Service used the number of brant
counted during the Mid-winter
Waterfowl Survey (MWS) in the
Atlantic Flyway, and took into
consideration the brant population’s
expected productivity that summer. The
MWS is conducted each January, and
expected brant productivity is based on
early-summer observations of breeding
habitat conditions and nesting effort in
important brant nesting areas. Thus, the
data under consideration were available
before the annual Flyway and SRC
decision-making meetings took place in
late July. Although the existing
regulatory alternatives for Atlantic brant
were developed by factoring together
long-term productivity rates (observed
during November and December
productivity surveys) with estimated
observed harvest under different
framework regulations, the primary
decision-making criterion for selecting
the annual frameworks was the MWS
count.
In the April 13, 2015, Federal
Register, we presented the major steps
in the 2016–17 regulatory cycle relating
to biological information availability,
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open public meetings, and Federal
Register notifications. Under the new
regulatory schedule due to be
implemented this fall and winter for the
2016–17 migratory bird hunting
regulations, neither the expected 2016
brant production information (available
summer 2016) nor the 2016 MWS count
(conducted in January 2016) will be
available this October, when the
decisions on proposed Atlantic brant
frameworks for the 2016–17 seasons
must be made. However, the 2016 MWS
will be completed and winter brant data
available by the expected publication of
the final frameworks (late February
2016). Therefore, while we plan to
discuss this issue with the Atlantic
Flyway Council this summer, we
envision proposing frameworks for
Atlantic brant in 2016–17 similar to the
ones laid out below, with the final
decision to be determined by the 2016
MWS count:
If the MWS count is <100,000 Atlantic
brant, the season will be closed.
If the MWS count is between 100,000
and 125,000 brant, States may select a
30-day season between the Saturday
nearest September 24 and January 31,
with a 2-bird daily bag limit. States may
split their seasons into 2 segments.
If the MWS count is between 125,000
and 150,000 brant, States may select a
50-day season between the Saturday
nearest September 24 and January 31,
with a 2-bird daily bag limit. States may
split their seasons into 2 segments.
If the MWS count is between 150,000
and 200,000 brant, States may select a
60-day season between the Saturday
nearest September 24 and January 31,
with a 2-bird daily bag limit. States may
split their seasons into 2 segments.
If the MWS count is >200,000 brant,
States may select a 60-day season
between the Saturday nearest September
24 and January 31, with a 3-bird daily
bag limit. States may split their seasons
into 2 segments.
While only an illustration at this
point, the example prescriptive
regulatory frameworks listed above are
identical to those contained in the
Atlantic Flyway Council’s current
Atlantic brant hunt plan (2011), with
the exception of considering expected
brant production. However, at this time
our new regulatory schedule will likely
preclude any formal consideration of
the brant population’s expected
productivity in the summer. While
something similar to this process would
be a slight change to the existing
mechanics of the Atlantic brant hunt
plan, we believe it would have no
significant effects on the long-term
conservation of the Atlantic brant
resource. We look forward to continuing
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discussions and work on the Atlantic
brant issue with the Atlantic Flyway
Council this summer in preparation for
the 2016–17 season.
For a more detailed discussion of the
various technical aspects of the new
regulatory process, we refer the reader
to the 2013 Supplementary
Environmental Impact Statement
available on our Web site at https://
www.fws.gov/migratorybirds.
8. Swans
Council Recommendations: The
Atlantic, Mississippi, and Central
Flyway Councils recommended
increasing tundra swan permit numbers
by 25 percent (2,400 permits) for the
2015–16 season, if the final 3-year
running average mid-winter count
exceeds 110,000 Eastern Population
tundra swans, in accordance with the
Eastern Population tundra swan
management plan.
9. Sandhill Cranes
Council Recommendations: The
Atlantic and Mississippi Flyway
Councils recommended that Kentucky
be granted an operational sandhill crane
hunting season beginning in 2015
following the guidelines established in
the Eastern Population of Sandhill
Cranes Management Plan (EP
Management Plan). Kentucky’s
operational season would consist of a
maximum season length of 60 days
(with no splits) to be held between
September 1 and January 31, with a
daily bag limit of 2 birds, and a season
limit of 3 birds. Hunting would occur
between sunrise and sunset. Per the
guidelines set forth in the EP
Management Plan, and based on the
state’s 5-year peak average of 12,072
birds, Kentucky would be allowed to
issue a maximum of 1,207 tags during
the 2015–16 season. These permits
would be divided among 400 permitted
hunters. Hunters would be required to
take mandatory whooping crane
identification training, utilize Serviceapproved nontoxic shot shells, tag birds,
report harvest daily via Kentucky’s
reporting system, and complete a postseason survey.
The Central and Pacific Flyway
Councils recommended using the Rocky
Mountain Population (RMP) sandhill
crane harvest allocation of 938 birds as
proposed in the allocation formula
using the 3-year running population
average for 2012–14. The Councils also
recommended that, under the new
annual regulatory process beginning
with the 2016–17 season, the harvest
strategy described in the Pacific and
Central Flyway Management Plan for
RMP sandhill cranes be published in the
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proposed season frameworks and be
used to determine allowable harvest.
They recommended that the final
allowable harvest each year be included
in the final season frameworks
published in February.
The Pacific Flyway Council
recommended some minor changes to
the hunt area boundaries in Idaho to
simplify and clarify hunt area
descriptions. More specifically, Area 5
would now include all of Franklin
County and Area 1 would include all of
Caribou County except that portion
lying within the Grays Lake Basin.
Service Response: Regarding the RMP
crane harvest and the new regulatory
process, this issue is very similar to the
Atlantic brant issue discussed above
under 6. Brant. Currently, results of the
fall survey of RMP sandhill cranes,
upon which the annual allowable
harvest is based, will continue to be
released between December 15 and
January 31 each year, which is after the
date for which proposed frameworks
will be formulated. If the usual
procedures for determining allowable
harvest were used, data 2–4 years old
would be used to determine the annual
allocation for RMP sandhill cranes. Due
to the variability in fall survey counts
and recruitment for this population, and
their impact on the annual harvest
allocations, we agree that relying on
data that is 2–4 years old is not ideal.
Thus, we look forward to continuing
discussions and work on the RMP crane
issue with the Central and Pacific
Flyway Councils this summer in
preparation for the 2016–17 season.
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11. Moorhens and Gallinules
Council Recommendations: The
Atlantic Flyway Council recommended
allowing the hunting of purple
swamphens in Florida beginning in
2015. They recommended that hunting
be allowed during any open waterfowl
season and that all regulations in 50
CFR 20 subparts C and D would apply.
Further, they recommended a daily bag
limit of 25 birds, with a possession limit
of 75. They also recommended that we
exclude this species from monitoring
programs.
Councils recommended use of the
‘‘standard’’ season framework
comprising a 90-day season and 15-bird
daily bag limit for States within the
Eastern Management Unit. The daily bag
limit could be composed of mourning
doves and white-winged doves, singly
or in combination.
The Mississippi and Central Flyway
Councils recommend the use of the
‘‘standard’’ season package of a 15-bird
daily bag limit and a 70-day season for
the 2015–16 mourning dove season in
the States within the Central
Management Unit.
The Pacific Flyway Council
recommended use of the ‘‘standard’’
season framework for States in the
Western Management Unit (WMU)
population of doves. In Idaho, Nevada,
Oregon, Utah, and Washington, the
season length would be no more than 60
consecutive days with a daily bag limit
of 15 mourning and white-winged doves
in the aggregate. In Arizona and
California, the season length would be
no more than 60 consecutive days,
which could be split between two
periods, September 1–15 and November
1–January 15. In Arizona, during the
first segment of the season, the daily bag
limit would be 15 mourning and whitewinged doves in the aggregate, of which
no more than 10 could be white-winged
doves. During the remainder of the
season, the daily bag limit would be 15
mourning doves. In California, the daily
bag limit would be 15 mourning and
white-winged doves in the aggregate, of
which no more than 10 could be whitewinged doves.
The Central Flyway Council also
recommended that the Service adopt a
new ‘‘standard’’ season package
framework comprising a 90-day season
and 15-bird daily bag limit for States
within the Central Management Unit
beginning with the 2016–17 hunting
season.
15. Band-Tailed Pigeons
Council Recommendations: The
Central and Pacific Flyway Councils
recommended decreasing the season
length for the Interior Population of
band-tailed pigeons from 30 days to 14
days, and decreasing the bag limit from
5 to 2.
17. Alaska
Council Recommendations: The
Pacific Flyway Council recommended
several changes in the Alaska earlyseason frameworks. Specifically, they
recommended:
1. In Unit 18, in western Alaska,
increasing white-fronted geese daily bag
and possession limits from 8 and 24, to
10 and 30, respectively.
2. For Canada geese in Units 6–B, 6–
C, and on Hinchinbrook and Hawkins
Islands in Unit 6–D, increasing the
possession limit from two times to three
times the daily bag limit.
16. Mourning Doves
Council Recommendations: The
Atlantic and Mississippi Flyway
Public Comments
The Department of the Interior’s
policy is, whenever practicable, to
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afford the public an opportunity to
participate in the rulemaking process.
Accordingly, we invite interested
persons to submit written comments,
suggestions, or recommendations
regarding the proposed regulations.
Before promulgation of final migratory
game bird hunting regulations, we will
take into consideration all comments we
receive. Such comments, and any
additional information we receive, may
lead to final regulations that differ from
these proposals.
You may submit your comments and
materials concerning the proposed rule
by one of the methods listed in
ADDRESSES. We will not accept
comments sent by email or fax or to an
address not listed in ADDRESSES.
Finally, we will not consider handdelivered comments that we do not
receive, or mailed comments that are
not postmarked, by the date specified in
DATES. We will post all comments in
their entirety—including your personal
identifying information—on https://
www.regulations.gov. Before including
your address, phone number, email
address, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. Comments and materials we
receive, as well as supporting
documentation we used in preparing the
proposed rule, will be available for
public inspection on https://
www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Division of Migratory Bird
Management, 5275 Leesburg Pike, Falls
Church, VA.
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 we receive
during the comment period and respond
to them after the closing date in any
final rules.
Required Determinations
Based on our most current data, we
are affirming our required
determinations made in the proposed
rule; for descriptions of our actions to
ensure compliance with the following
statutes and Executive Orders, see our
April 13, 2015, proposed rule (80 FR
19852):
• National Environmental Policy Act;
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• Endangered Species Act;
• Regulatory Planning and Review;
• Regulatory Flexibility Act;
• Small Business Regulatory
Enforcement Fairness Act;
• Paperwork Reduction Act;
• Unfunded Mandates Reform Act;
• Executive Orders 12630, 12988,
13175, 13132, and 13211.
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List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
promulgated for the 2015–16 hunting
season, is authorized under 16 U.S.C.
703–711, 16 U.S.C. 712, and 16 U.S.C.
742 a–j.
Authority
The rulemaking outlined in the
proposed rule published in the Federal
Register on April 13, 2015 (80 FR
19852) and in this supplemental notice
of proposed rulemaking, proposed to be
Dated: June 2, 2015.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
PO 00000
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Agencies
[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Proposed Rules]
[Pages 33223-33227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14128]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2014-0064; FF09M21200-156-FXMB1231099BPP0]
RIN 1018-BA67
Migratory Bird Hunting; Supplemental Proposals for Migratory Game
Bird Hunting Regulations for the 2015-16 Hunting Season; Notice of
Meetings
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; supplemental.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), proposed in
an earlier document to establish annual hunting regulations for certain
migratory game birds for the 2015-16 hunting season. This supplement to
the proposed rule provides the regulatory schedule, announces the
Service Migratory Bird Regulations Committee and Flyway Council
meetings, and provides Flyway Council recommendations resulting from
their March meetings.
DATES: Comments: You must submit comments on the proposed regulatory
alternatives for the 2015-16 duck hunting seasons on or before June 26,
2015, as detailed in the proposed rule published in the Federal
Register on April 13, 2015 (80 FR 19852). Following subsequent Federal
Register notices, you will be given an opportunity to submit comments
for proposed early-season frameworks by July 29, 2015, and for proposed
late-season frameworks by August 29, 2015.
Meetings: The Service Migratory Bird Regulations Committee will
meet to consider and develop proposed regulations for early-season
migratory bird hunting on June 24 and 25, 2015; and for late-season
migratory bird hunting and the 2015 spring/summer Alaskan migratory
bird subsistence season on July 29 and 30, 2015. All meetings will
commence at approximately 8:30 a.m. and are open to the public.
ADDRESSES: Comments: You may submit comments on the proposals by one of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments on Docket No. FWS-HQ-
MB-2014-0064.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-HQ-MB-2014-0064; Division of Policy, Performance, and
Management
[[Page 33224]]
Programs; U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike,
Falls Church, VA 22041.
We will not accept emailed or faxed comments. We will post all
comments on https://www.regulations.gov. This generally means that we
will post any personal information you provide us (see the Public
Comments section, below, for more information).
Meetings: The Service Migratory Bird Regulations Committee will
meet at the U.S. Fish and Wildlife Service, 5275 Leesburg Pike, Falls
Church, 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:MB, 5275 Leesburg Pike, Falls Church, VA 22041; (703) 358-
1714.
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 2015
On April 13, 2015, we published in the Federal Register (80 FR
19852) a proposal to amend 50 CFR part 20. The proposal provided a
background and overview of the migratory bird hunting regulations
process, and addressed 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 15, 2015, and for late seasons on or about
September 19, 2015.
Service Migratory Bird Regulations Committee Meetings
The Service Migratory Bird Regulations Committee (SRC) will meet
June 24-25, 2015, to review information on the current status of
migratory shore and upland game birds and develop 2015-16 migratory
game bird regulations recommendations for these species, plus
regulations for migratory game birds in Alaska, Puerto Rico, and the
Virgin Islands. The SRC will also develop regulations recommendations
for September waterfowl seasons in designated States, special sea duck
seasons in the Atlantic Flyway, and extended falconry seasons. In
addition, the SRC will review and discuss preliminary information on
the status of waterfowl.
At the July 29-30, 2015, meetings, the SRC will review information
on the current status of waterfowl and develop 2015-16 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 SRC will develop recommendations for the
2016 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 and are also open to the public.
Atlantic Flyway Council: July 23-24, Hilton Albany, Albany, NY.
Mississippi Flyway Council: July 23-24, Doubletree Hotel, New
Orleans, LA.
Central Flyway Council: July 23-24, Best Western GranTree Inn,
Bozeman, MT.
Pacific Flyway Council: July 24, Whitney Peak Hotel, Reno, NV.
Review of Public Comments
This supplemental rulemaking describes Flyway Council recommended
changes based on the preliminary proposals published in the April 13,
2015, Federal Register. We have included only those recommendations
requiring either new proposals or substantial modification of the
preliminary proposals and do not include recommendations that simply
support or oppose preliminary proposals and provide no recommended
alternatives. Our responses to some Flyway Council recommendations, but
not others, are merely a clarification to aid the reader on the overall
regulatory process, not a definitive response to the issue. We will
publish responses to all proposals and written comments when we develop
final frameworks.
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 13, 2015, proposed rule. Only those categories
requiring your attention or for which we received Flyway Council
recommendations are discussed below.
1. Ducks
Duck harvest management categories 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.
A. General Harvest Strategy
Council Recommendations: 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 in the April 13, 2015, Federal
Register, the final adaptive harvest management (AHM) protocol for the
2015-16 season will be detailed in the early-season proposed rule,
which will be published in mid-July.
B. Regulatory Alternatives
Council Recommendations: The Mississippi and Central Flyway
Councils recommended that regulatory alternatives for duck hunting
seasons remain the same as those used in 2014-15.
Service Response: As we stated in the April 13, 2015, Federal
Register, the final regulatory alternatives for the 2015-16 season will
be detailed in the early-season proposed rule, which will be published
in mid-July.
C. Zones and Split Seasons
Council Recommendations: The Mississippi and Central Flyway
Councils recommended no changes to the existing zone and split season
guidelines. However, they further recommended that States be provided
the option of changing duck zones and split arrangements in either the
2016-17 or 2017-18 seasons, with the next open season in 2021 for the
2021-25 period.
4. Canada Geese
A. Special Seasons
Council Recommendations: The Pacific Flyway Council recommended
increasing season length from 7 to 15 days and the daily bag limit from
2 to 5 for Canada geese in Idaho.
B. Regular Seasons
Council Recommendations: The Mississippi Flyway Council recommended
that the framework opening date for all species of geese for the
regular goose seasons be September 16, 2015, in the Lower Peninsula of
Michigan and Wisconsin, and September 11, 2015, in the Upper Peninsula
of Michigan.
[[Page 33225]]
6. Brant
For the 2015-16 Atlantic brant season, we will continue to use the
existing Flyway Cooperative Management Plan for this species to
determine the appropriate hunting regulations. However, as we discuss
below, the process for determining regulations for the 2016-17 season
will need to be modified. In the April 30, 2014 (79 FR 24512), and the
April 13, 2015 (80 FR 19852), Federal Registers, we discussed how,
under the new regulatory process, the current early- and late-season
regulatory actions will be combined into a new single process beginning
with the 2016-17 seasons. Regulatory proposals will be developed using
biological data from the preceding year(s), model predictions, or most
recently accumulated data that are available at the time the proposals
are being formulated. Individual harvest strategies will be modified
using data from the previous year(s) because the current year's data
would not be available for many of the strategies. Further, we stated
that, during this transition period, harvest strategies and
prescriptions would be modified to fit into the new regulatory
schedule. Atlantic brant is one such species that will require some
modifications to the regulatory process that we have largely used since
1992 to establish the annual frameworks.
In developing the annual proposed frameworks for Atlantic brant in
the past, the Atlantic Flyway Council and the Service used the number
of brant counted during the Mid-winter Waterfowl Survey (MWS) in the
Atlantic Flyway, and took into consideration the brant population's
expected productivity that summer. The MWS is conducted each January,
and expected brant productivity is based on early-summer observations
of breeding habitat conditions and nesting effort in important brant
nesting areas. Thus, the data under consideration were available before
the annual Flyway and SRC decision-making meetings took place in late
July. Although the existing regulatory alternatives for Atlantic brant
were developed by factoring together long-term productivity rates
(observed during November and December productivity surveys) with
estimated observed harvest under different framework regulations, the
primary decision-making criterion for selecting the annual frameworks
was the MWS count.
In the April 13, 2015, Federal Register, we presented the major
steps in the 2016-17 regulatory cycle relating to biological
information availability, open public meetings, and Federal Register
notifications. Under the new regulatory schedule due to be implemented
this fall and winter for the 2016-17 migratory bird hunting
regulations, neither the expected 2016 brant production information
(available summer 2016) nor the 2016 MWS count (conducted in January
2016) will be available this October, when the decisions on proposed
Atlantic brant frameworks for the 2016-17 seasons must be made.
However, the 2016 MWS will be completed and winter brant data available
by the expected publication of the final frameworks (late February
2016). Therefore, while we plan to discuss this issue with the Atlantic
Flyway Council this summer, we envision proposing frameworks for
Atlantic brant in 2016-17 similar to the ones laid out below, with the
final decision to be determined by the 2016 MWS count:
If the MWS count is <100,000 Atlantic brant, the season will be
closed.
If the MWS count is between 100,000 and 125,000 brant, States may
select a 30-day season between the Saturday nearest September 24 and
January 31, with a 2-bird daily bag limit. States may split their
seasons into 2 segments.
If the MWS count is between 125,000 and 150,000 brant, States may
select a 50-day season between the Saturday nearest September 24 and
January 31, with a 2-bird daily bag limit. States may split their
seasons into 2 segments.
If the MWS count is between 150,000 and 200,000 brant, States may
select a 60-day season between the Saturday nearest September 24 and
January 31, with a 2-bird daily bag limit. States may split their
seasons into 2 segments.
If the MWS count is >200,000 brant, States may select a 60-day
season between the Saturday nearest September 24 and January 31, with a
3-bird daily bag limit. States may split their seasons into 2 segments.
While only an illustration at this point, the example prescriptive
regulatory frameworks listed above are identical to those contained in
the Atlantic Flyway Council's current Atlantic brant hunt plan (2011),
with the exception of considering expected brant production. However,
at this time our new regulatory schedule will likely preclude any
formal consideration of the brant population's expected productivity in
the summer. While something similar to this process would be a slight
change to the existing mechanics of the Atlantic brant hunt plan, we
believe it would have no significant effects on the long-term
conservation of the Atlantic brant resource. We look forward to
continuing discussions and work on the Atlantic brant issue with the
Atlantic Flyway Council this summer in preparation for the 2016-17
season.
For a more detailed discussion of the various technical aspects of
the new regulatory process, we refer the reader to the 2013
Supplementary Environmental Impact Statement available on our Web site
at https://www.fws.gov/migratorybirds.
8. Swans
Council Recommendations: The Atlantic, Mississippi, and Central
Flyway Councils recommended increasing tundra swan permit numbers by 25
percent (2,400 permits) for the 2015-16 season, if the final 3-year
running average mid-winter count exceeds 110,000 Eastern Population
tundra swans, in accordance with the Eastern Population tundra swan
management plan.
9. Sandhill Cranes
Council Recommendations: The Atlantic and Mississippi Flyway
Councils recommended that Kentucky be granted an operational sandhill
crane hunting season beginning in 2015 following the guidelines
established in the Eastern Population of Sandhill Cranes Management
Plan (EP Management Plan). Kentucky's operational season would consist
of a maximum season length of 60 days (with no splits) to be held
between September 1 and January 31, with a daily bag limit of 2 birds,
and a season limit of 3 birds. Hunting would occur between sunrise and
sunset. Per the guidelines set forth in the EP Management Plan, and
based on the state's 5-year peak average of 12,072 birds, Kentucky
would be allowed to issue a maximum of 1,207 tags during the 2015-16
season. These permits would be divided among 400 permitted hunters.
Hunters would be required to take mandatory whooping crane
identification training, utilize Service-approved nontoxic shot shells,
tag birds, report harvest daily via Kentucky's reporting system, and
complete a post-season survey.
The Central and Pacific Flyway Councils recommended using the Rocky
Mountain Population (RMP) sandhill crane harvest allocation of 938
birds as proposed in the allocation formula using the 3-year running
population average for 2012-14. The Councils also recommended that,
under the new annual regulatory process beginning with the 2016-17
season, the harvest strategy described in the Pacific and Central
Flyway Management Plan for RMP sandhill cranes be published in the
[[Page 33226]]
proposed season frameworks and be used to determine allowable harvest.
They recommended that the final allowable harvest each year be included
in the final season frameworks published in February.
The Pacific Flyway Council recommended some minor changes to the
hunt area boundaries in Idaho to simplify and clarify hunt area
descriptions. More specifically, Area 5 would now include all of
Franklin County and Area 1 would include all of Caribou County except
that portion lying within the Grays Lake Basin.
Service Response: Regarding the RMP crane harvest and the new
regulatory process, this issue is very similar to the Atlantic brant
issue discussed above under 6. Brant. Currently, results of the fall
survey of RMP sandhill cranes, upon which the annual allowable harvest
is based, will continue to be released between December 15 and January
31 each year, which is after the date for which proposed frameworks
will be formulated. If the usual procedures for determining allowable
harvest were used, data 2-4 years old would be used to determine the
annual allocation for RMP sandhill cranes. Due to the variability in
fall survey counts and recruitment for this population, and their
impact on the annual harvest allocations, we agree that relying on data
that is 2-4 years old is not ideal. Thus, we look forward to continuing
discussions and work on the RMP crane issue with the Central and
Pacific Flyway Councils this summer in preparation for the 2016-17
season.
11. Moorhens and Gallinules
Council Recommendations: The Atlantic Flyway Council recommended
allowing the hunting of purple swamphens in Florida beginning in 2015.
They recommended that hunting be allowed during any open waterfowl
season and that all regulations in 50 CFR 20 subparts C and D would
apply. Further, they recommended a daily bag limit of 25 birds, with a
possession limit of 75. They also recommended that we exclude this
species from monitoring programs.
15. Band-Tailed Pigeons
Council Recommendations: The Central and Pacific Flyway Councils
recommended decreasing the season length for the Interior Population of
band-tailed pigeons from 30 days to 14 days, and decreasing the bag
limit from 5 to 2.
16. Mourning Doves
Council Recommendations: The Atlantic and Mississippi Flyway
Councils recommended use of the ``standard'' season framework
comprising a 90-day season and 15-bird daily bag limit for States
within the Eastern Management Unit. The daily bag limit could be
composed of mourning doves and white-winged doves, singly or in
combination.
The Mississippi and Central Flyway Councils recommend the use of
the ``standard'' season package of a 15-bird daily bag limit and a 70-
day season for the 2015-16 mourning dove season in the States within
the Central Management Unit.
The Pacific Flyway Council recommended use of the ``standard''
season framework for States in the Western Management Unit (WMU)
population of doves. In Idaho, Nevada, Oregon, Utah, and Washington,
the season length would be no more than 60 consecutive days with a
daily bag limit of 15 mourning and white-winged doves in the aggregate.
In Arizona and California, the season length would be no more than 60
consecutive days, which could be split between two periods, September
1-15 and November 1-January 15. In Arizona, during the first segment of
the season, the daily bag limit would be 15 mourning and white-winged
doves in the aggregate, of which no more than 10 could be white-winged
doves. During the remainder of the season, the daily bag limit would be
15 mourning doves. In California, the daily bag limit would be 15
mourning and white-winged doves in the aggregate, of which no more than
10 could be white-winged doves.
The Central Flyway Council also recommended that the Service adopt
a new ``standard'' season package framework comprising a 90-day season
and 15-bird daily bag limit for States within the Central Management
Unit beginning with the 2016-17 hunting season.
17. Alaska
Council Recommendations: The Pacific Flyway Council recommended
several changes in the Alaska early-season frameworks. Specifically,
they recommended:
1. In Unit 18, in western Alaska, increasing white-fronted geese
daily bag and possession limits from 8 and 24, to 10 and 30,
respectively.
2. For Canada geese in Units 6-B, 6-C, and on Hinchinbrook and
Hawkins Islands in Unit 6-D, increasing the possession limit from two
times to three times the daily bag limit.
Public Comments
The Department of the Interior's policy is, whenever practicable,
to afford the public an opportunity to participate in the rulemaking
process. Accordingly, we invite interested persons to submit written
comments, suggestions, or recommendations regarding the proposed
regulations. Before promulgation of final migratory game bird hunting
regulations, we will take into consideration all comments we receive.
Such comments, and any additional information we receive, may lead to
final regulations that differ from these proposals.
You may submit your comments and materials concerning the proposed
rule by one of the methods listed in ADDRESSES. We will not accept
comments sent by email or fax or to an address not listed in ADDRESSES.
Finally, we will not consider hand-delivered comments that we do not
receive, or mailed comments that are not postmarked, by the date
specified in DATES. We will post all comments in their entirety--
including your personal identifying information--on https://www.regulations.gov. Before including your address, phone number, email
address, or other personal identifying information in your comment, you
should be aware that your entire comment--including your personal
identifying information--may be made publicly available at any time.
While you can ask us in your comment to withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so. Comments and materials we receive, as well as
supporting documentation we used in preparing the proposed rule, will
be available for public inspection on https://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Division of Migratory Bird Management, 5275 Leesburg
Pike, Falls Church, VA.
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
we receive during the comment period and respond to them after the
closing date in any final rules.
Required Determinations
Based on our most current data, we are affirming our required
determinations made in the proposed rule; for descriptions of our
actions to ensure compliance with the following statutes and Executive
Orders, see our April 13, 2015, proposed rule (80 FR 19852):
National Environmental Policy Act;
[[Page 33227]]
Endangered Species Act;
Regulatory Planning and Review;
Regulatory Flexibility Act;
Small Business Regulatory Enforcement Fairness Act;
Paperwork Reduction Act;
Unfunded Mandates Reform Act;
Executive Orders 12630, 12988, 13175, 13132, and 13211.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Authority
The rulemaking outlined in the proposed rule published in the
Federal Register on April 13, 2015 (80 FR 19852) and in this
supplemental notice of proposed rulemaking, proposed to be promulgated
for the 2015-16 hunting season, is authorized under 16 U.S.C. 703-711,
16 U.S.C. 712, and 16 U.S.C. 742 a-j.
Dated: June 2, 2015.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-14128 Filed 6-10-15; 8:45 am]
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