Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird Hunting Regulations for the 2018-19 Hunting Season; Notice of Meetings, 46011-46015 [2017-21195]
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Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Proposed Rules
of the Federal Register, EPA is
approving the State’s SIP submittal as a
direct final rule without prior proposal
because the Agency views this as a
noncontroversial submittal and
anticipates no adverse comments. A
more detailed description of the state
submittal and EPA’s evaluation is
included in a technical support
document (TSD) prepared in support of
this rulemaking action. A copy of the
TSD is available, upon request, from the
EPA Regional Office listed in the
ADDRESSES section of this document or
is also available electronically within
the Docket for this rulemaking action. If
no adverse comments are received in
response to this action, no further
activity is contemplated. If EPA receives
adverse comments, the direct final rule
will be withdrawn and all public
comments received will be addressed in
a subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time.
DATES: Comments must be received in
writing by November 2, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2017–0396 at https://
www.regulations.gov, or via email to
stahl.cynthia@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
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submissions (audio, video, etc.) must be
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The written comment is considered the
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system). For additional submission
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submissions, and general guidance on
making effective comments, please visit
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commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Gavin Huang, (215) 814–2042, or by
email at huang.gavin@epa.gov.
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For
further information, please see the
information provided in the direct final
action, with the same title, that is
located in the ‘‘Rules and Regulations’’
section of this issue of the Federal
Register publication.
SUPPLEMENTARY INFORMATION:
Dated: September 7, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017–21109 Filed 10–2–17; 8:45 am]
BILLING CODE 6560–50–P
46011
to 47 CFR 1.429(e). See also 47 CFR
1.4(b)(1) and 1.429(f), (g).
Number of Petitions Filed: 1.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2017–21239 Filed 10–2–17; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 20
50 CFR Part 20
[Docket No. FWS–HQ–MB–2017–0028;
FF09M21200–178–FXMB1231099BPP0]
RIN 1018–BB73
[MB Docket No 11–43; Report No. 3081]
Petition for Reconsideration of Action
in Rulemaking Proceeding
Federal Communications
Commission.
ACTION: Petition for Reconsideration.
AGENCY:
A Petition for Reconsideration
(Petition) has been filed in the
Commission’s rulemaking proceeding
by Rick Chessen, on behalf of NCTA–
The Internet & Television Association.
DATES: Oppositions to the Petition must
be filed on or before October 18, 2017.
Replies to an opposition must be filed
on or before October 30, 2017.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Lyle
Elder, Media Bureau, at (202) 418–2365
or email: Lyle.Elder@FCC.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, Report No. 3081, released
September 21, 2017. The full text of the
Petition is available for viewing and
copying at the FCC Reference
Information Center, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554.
It also may be accessed online via the
Commission’s Electronic Comment
Filing System at: https://apps.fcc.gov/
ecfs/. The Commission will not send a
Congressional Review Act (CRA)
submission to Congress or the
Government Accountability Office
pursuant to the CRA, 5.U.S.C. because
no rules are being adopted by the
Commission.
Subject: Video Description:
Implementation of the Twenty-First
Century Communications and Video
Accessibility Act of 2010, FCC 17–88,
published at 82 FR 37345, August 10,
2017, in MB Docket No. 11–43. This
document is being published pursuant
SUMMARY:
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Migratory Bird Hunting; Supplemental
Proposals for Migratory Game Bird
Hunting Regulations for the 2018–19
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 this year to
establish annual hunting regulations for
certain migratory game birds for the
2018–19 hunting season. This
supplement to that proposed rule
provides the regulatory alternatives for
the 2018–19 duck hunting seasons,
announces the Service Migratory Bird
Regulations Committee (SRC) and
Flyway Council meetings, and provides
Flyway Council recommendations
resulting from their March meetings.
DATES: Comments: We will accept
comments on this proposed rule and
any subsequent proposed rules resulting
from upcoming SRC meetings until
January 15, 2018.
Meetings: The SRC will meet to
consider and develop proposed
regulations for the 2018–19 migratory
game bird hunting seasons on October
17–18, 2017. Meetings on both days will
commence at approximately 8:30 a.m.
ADDRESSES: 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–2017–
0028.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–HQ–
MB–2017–0028; Division of Policy,
Performance, and Management
Programs; U.S. Fish and Wildlife
Service, MS: BPHC; 5275 Leesburg Pike,
Falls Church, VA 22041.
SUMMARY:
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Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Proposed Rules
We will not accept emailed or faxed
comments. We will post all comments
on https://www.regulations.gov. This
generally means that your entire
submission—including any personal
identifying information—will be posted
on the Web site. See the Public
Comments section, below, for more
information.
Meetings: The October 17–18, 2017,
SRC meeting will be at the U.S. Fish and
Wildlife Service Midwest Regional
Office, 5600 American Boulevard,
Bloomington, MN 55437.
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:
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
New Process for the Annual Migratory
Game Bird Hunting Regulations
As part of DOI’s retrospective
regulatory review, 2 years ago we
developed a schedule for migratory
game bird hunting regulations that is
more efficient and provides hunting
season dates much earlier than was
possible under the old process. The new
process makes planning easier for the
States and all parties interested in
migratory bird hunting. Beginning in the
summer of 2015, with the development
of the 2016–17 hunting seasons, we
started promulgating our annual
migratory game bird hunting regulations
using a new schedule that combines the
previously used early- and late-season
regulatory processes into a single
process. We make decisions for harvest
management based on predictions
derived from long-term biological
information and established harvest
strategies and, therefore, can establish
migratory bird hunting seasons much
earlier than the system we used for
many years. Under the new process, we
develop proposed hunting season
frameworks for a given year in the fall
of the prior year. We then finalize those
frameworks a few months later, thereby
enabling the State agencies to select and
publish their season dates in early
summer. We provided a detailed
overview of the new process in the
August 3, 2017, Federal Register (82 FR
36308). This proposed rule is the second
in a series of proposed and final rules
for the establishment of the 2018–19
hunting seasons.
Service Migratory Bird Regulations
Committee Meetings
The SRC will meet October 17–18,
2017, to review information on the
current status of migratory game birds,
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consider Flyway Council
recommendations, and develop 2018–19
migratory game bird regulations
recommendations for these species. In
accordance with Departmental policy,
these meetings are open to public
observation. You may submit written
comments to the Service on the matters
discussed.
Regulatory Schedule for 2017–18
On August 3, 2017, we published a
proposal to amend title 50 of the Code
of Federal Regulations (CFR) at part 20
(82 FR 36308). 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 additional
supplemental proposals for public
comment in the Federal Register as
population, habitat, harvest, and other
information become available. Major
steps in the 2018–19 regulatory cycle
relating to open public meetings and
Federal Register notifications were
illustrated in the diagram at the end of
the August 3, 2017, proposed rule (82
FR 36308).
All sections of this and subsequent
documents outlining hunting
frameworks and guidelines are
organized under the numbered headings
set forth in the August 3, 2017,
proposed rule (82 FR 36308). Later
sections of this and subsequent
documents will refer only to numbered
items requiring attention. Therefore, it is
important to note that we will omit
those items requiring no attention, and
remaining numbered items will be
discontinuous, thereby making the list
appear incomplete.
The regulatory alternatives for the
2018–19 duck hunting seasons are
shown at the end of this document. We
plan to publish proposed season
frameworks in mid-December 2017. We
plan to publish final season frameworks
in late February 2018.
Review of Public Comments
This proposed rulemaking describes
recommended changes or specific
preliminary proposals that vary from the
2017–18 regulations and issues
requiring discussion, action, or the
attention of the States or tribes. We will
publish responses to all proposals and
written comments when we develop
final frameworks for the 2018–19
season. We seek additional information
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and comments on 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 August 3, 2017,
proposed rule (82 FR 36308). Only those
categories requiring 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 regulation changes
be restricted to one step per year, both
when restricting as well as liberalizing
hunting regulations.
Service Response: As we stated in the
August 3, 2017, proposed rule (82 FR
36308), we intend to continue use of
Adaptive Harvest Management (AHM)
to help determine appropriate duckhunting regulations for the 2018–19
season. AHM is a tool that permits
sound resource decisions in the face of
uncertain regulatory impacts, as well as
providing a mechanism for reducing
that uncertainty over time. The current
AHM protocol is used to evaluate four
alternative regulatory levels based on
the population status of mallards and
their breeding habitat (i.e., abundance of
ponds). Special hunting restrictions are
enacted for certain species, such as
canvasbacks, black ducks, scaup, and
pintails.
Regarding the Mississippi Flyway
Council recommendation to limit
regulatory changes to one step per year,
we recognize the longstanding interest
by the Council to impose a one-step
constraint on regulatory changes. We
note that the Central and Mississippi
Flyways have worked with Service staff
during the past 3 years to revisit the
AHM protocol for managing harvest of
mid-continent mallards. This effort has
included a discussion of appropriate
management objectives, regulatory
packages, and management of nonmallard stocks. These discussions are
the appropriate venue to discuss what
role, if any, a one-step constraint might
play in management of waterfowl in the
Central and Mississippi Flyways. Such
discussions should include the potential
impact of a one-step constraint on the
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frequency of when the liberal, moderate,
and restrictive packages would be
recommended. On a final note, while
we recognize the Council’s concern
about potentially communicating a large
regulatory change to hunters, we have
concerns about the appropriateness of a
one-step constraint in situations when
the status of the waterfowl resource may
warrant such a measure. We look
forward to continued work with the
Flyway Councils on this issue.
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 2017–
18. The Mississippi Flyway Council
further recommended changing the
framework closing date to January 31
during ‘‘moderate’’ and ‘‘liberal’’
seasons.
Service Response: As we stated in
final rules published last year (81 FR
17302, March 28, 2016) and earlier this
year (82 FR 24786, May 30, 2017), we
do not support the Council’s
recommendation to extend the duck
season framework closing date to
January 31 at this time. We note that the
current framework opening and closing
dates were developed through a
cooperative effort between all four
Flyway Councils and that framework
dates are only one of several
components that comprise the
regulatory packages utilized in AHM.
Regulatory packages also consider
season length, daily bag limits, and
shooting hours. The current regulatory
packages in the Mississippi Flyway
should remain unchanged until
revisions to the AHM protocols have
been completed. Those efforts will
include examination of duck harvest
management objectives, model updates,
and revisions to regulatory packages,
including framework dates. We prefer
that the issue of framework dates and
any other component of the regulatory
packages be addressed through this
cooperative process and would prefer a
comprehensive approach to revising
regulatory packages rather than making
incremental changes.
Thus, the regulatory alternatives
proposed in the August 3, 2017, Federal
Register (82 FR 36308) will be used for
the 2018–19 hunting season (see
accompanying table at the end of this
document for specific information). 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
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covered by existing harvest strategies
will be addressed in the proposed
frameworks rule in early December
2017. For those species with specific
harvest strategies (pintails, black ducks,
and scaup), those strategies will again
be used for the 2018–19 hunting season.
D. Special Seasons/Species Management
i. September Teal Seasons
Council Recommendations: The
Mississippi Flyway Council
recommended that early teal seasons in
Iowa, Michigan, and Wisconsin be made
operational beginning with the 2018
season and remain operational
thereafter. The frameworks would
follow the teal harvest strategy, except
that Iowa would retain the option of
selecting an early September duck
season in lieu of an early teal season.
Iowa would choose between an early
September duck season or early teal
season beginning with the 2018–19
hunting season, and this decision will
remain in effect under current
frameworks. The Council also
recommended that Kentucky and
Tennessee be granted operational 4-day
teal only seasons when 16-day teal
seasons are offered for the 2018–19
season and beyond. If a 9-day teal
season is offered, the Council
recommends that both States would
revert to their original 5-day wood duck
and teal seasons. The Kentucky and
Tennessee seasons would follow the
existing teal harvest strategy.
16. Doves
Council Recommendations: The
Atlantic and Mississippi Flyway
Councils recommended that the
framework closing date for mourning
doves in the Eastern Management Unit
(EMU) be moved from January 15 to
January 31 for the 2018–19 hunting
season, and that the National Mourning
Dove Harvest Strategy be revised
accordingly. The Central and
Mississippi Flyway Councils
recommended that the National
Mourning Dove Harvest Strategy be
revised to allow a fixed opening
framework date of September 14 for the
Texas South Dove Zone.
Service Response: We agree with the
Atlantic and Mississippi Flyway
Councils’ recommendation to extend the
EMU’s framework closing date to
January 31. A review of the available
data on mourning dove nesting
phenology in the EMU indicated that <1
percent of all mourning dove nest
initiations detected occurred in January;
thus, the impacts on mourning dove
reproduction will be minimal.
Furthermore, the maximum additional
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46013
harvest expected as a result of this
action is negligible in relation to the
number of mourning doves in the EMU
(<0.2 percent of the fall population).
Therefore, we do not expect that this
action will result in significant impacts
to the EMU mourning dove population.
However, we also note that nesting
phenology may have changed in some
areas since the studies cited in the EMU
recommendation were conducted and
may continue to change in the future.
Thus, framework dates later than
January 31 should not be considered
without new studies that document
contemporary nesting phenology
throughout the EMU, which would
allow assessment of the impact of a later
closing date on mourning dove
productivity.
Regarding the Central and Mississippi
Flyway Councils’ recommendation, we
supported a change in the opening date
to September 14 for the Texas South
Dove Zone (82 FR 24794, May 30, 2017).
However, we noted that the National
Dove Harvest Strategy used to guide
dove harvest management had language
that did not allow the earlier date, and
would need to be revised. Therefore, we
delayed implementation of the earlier
opening date until the 2018–19 season.
We support the recommendations and
the change made to the Harvest Strategy,
which will allow the earlier framework
date in the Texas South Dove Zone for
the 2018–19 season.
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 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
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Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Proposed Rules
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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.
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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 August 3,
2017, proposed rule (82 FR 36308); see
that document for descriptions of our
actions to ensure compliance with the
following statutes and Executive Orders:
• National Environmental Policy Act;
• Endangered Species Act;
• Regulatory Flexibility Act;
• Small Business Regulatory
Enforcement Fairness Act;
• Paperwork Reduction Act;
• Unfunded Mandates Reform Act;
and
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• Executive Orders 12630, 12866,
12988, 13132, 13175, 13211, 13563, and
13771.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
Authority
The rules that eventually will be
promulgated for the 2018–19 hunting
season are authorized under 16 U.S.C.
703–711, 16 U.S.C. 712, and 16 U.S.C.
742 a–j.
Dated: September 21, 2017.
Todd D. Willens,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
BILLING CODE 4333–15–P
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ATLANTIC FLYWAY
MOD
LIB
RES
Beginning
Shooting
Time
1/2 hr.
before
sunrise
1/2 hr.
before
sunrise
1/2 hr.
before
sunrise
1/2 hr.
before
sunr1se
1/2 hr.
before
sunrise
1/2 hr
before
sunrise
1/2 hr.
before
sunrise
1/2 hr.
before
sunrise
1/2 hr
before
sunrise
1/2 hr.
before
sunrise
1/2 hr
before
sunrise
1/2 hr.
before
sunrise
Ending
Shooting
T1me
Sunset
Sunset
Sunset
Sunset
Sunset
Sunset
Sunset
Sunset
Sunset
Sunset
Sunset
Sunset
Opening
Date
Oct1
Sat nearest
Sept 24
Sat nearest
Sept 24
Sat nearest
Oct1
Sat nearest
Sept 24
Sat nearest
Sept 24
Sat nearest
Oct 1
Sat nearest
Sept 24
Sat nearest
Sept 24
Sat nearest
Oct 1
Sat nearest
Sept 24
Sat nearest
Sept 24
Closing
Date
Jan. 20
Last Sunday
1n Jan.
Last Sunday
1n Jan.
Sun. nearest Last Sunday
Jan. 20
1n Jan.
Last Sunday
1n Jan.
Season
Length (in days)
30
45
60
30
45
60
39
60
74
60
86
107
Daily Bag
3
6
6
3
6
6
3
6
6
4
7
7
4/2
2/1
4/1
4/2
3/1
5/1
5/2
3/1
5/2
7/2
Frm 00012
RES
MISSISSIPPI FLYWAY
MOD
LIB
Fmt 4702
Sfmt 9990
Sun. nearest Last Sunday Last Sunday
Jan. 20
1n Jan.
1n Jan
RES
CENTRAL FLYWAY (a)
MOD
LIB
Sun. nearest Last Sunday Last Sunday
Jan. 20
1n Jan.
1n Jan.
PACIFIC FLYWAY (b)( c)
LIB
RES
MOD
E:\FR\FM\03OCP1.SGM
Species/Sex Limits within the Overall Daily Bag Limit
Mallard (Total/Female)
(a)
03OCP1
(b)
(c)
3/1
412
In the High Plains Mallard Management Unit, all regulations would be the same as the remainder of the Central Flyway, with the exception of season length. Additional days would
be allowed under the various alternatives as follows: restrictive- 12, moderate and liberal- 23. Under all alternatives, additional days must be on or after the Saturday nearest
December 10.
In the Columbia Basin Mallard Management Unit, all regulations would be the same as the remainder of the Pacific Flyway, with the exception of season length. Under all alternatives
except the liberal alternative, an additional? days would be allowed.
In Alaska, framework dates, bag limits, and season length would be different from the remainder of the Pacific Flyway. The bag limit (depending on the area) would be 5-8 under the restrictive
alternative, and 7-10 under the moderate and liberal alternatives. Under all alternatives, season length would be 107 days and framework dates would be Sep. 1- Jan. 26.
Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Proposed Rules
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]]>Agencies
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Proposed Rules]
[Pages 46011-46015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21195]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2017-0028; FF09M21200-178-FXMB1231099BPP0]
RIN 1018-BB73
Migratory Bird Hunting; Supplemental Proposals for Migratory Game
Bird Hunting Regulations for the 2018-19 Hunting Season; Notice of
Meetings
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; supplemental.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), proposed in
an earlier document this year to establish annual hunting regulations
for certain migratory game birds for the 2018-19 hunting season. This
supplement to that proposed rule provides the regulatory alternatives
for the 2018-19 duck hunting seasons, announces the Service Migratory
Bird Regulations Committee (SRC) and Flyway Council meetings, and
provides Flyway Council recommendations resulting from their March
meetings.
DATES: Comments: We will accept comments on this proposed rule and any
subsequent proposed rules resulting from upcoming SRC meetings until
January 15, 2018.
Meetings: The SRC will meet to consider and develop proposed
regulations for the 2018-19 migratory game bird hunting seasons on
October 17-18, 2017. Meetings on both days will commence at
approximately 8:30 a.m.
ADDRESSES: 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-2017-0028.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-HQ-MB-2017-0028; Division of Policy, Performance, and
Management Programs; U.S. Fish and Wildlife Service, MS: BPHC; 5275
Leesburg Pike, Falls Church, VA 22041.
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We will not accept emailed or faxed comments. We will post all comments
on https://www.regulations.gov. This generally means that your entire
submission--including any personal identifying information--will be
posted on the Web site. See the Public Comments section, below, for
more information.
Meetings: The October 17-18, 2017, SRC meeting will be at the U.S.
Fish and Wildlife Service Midwest Regional Office, 5600 American
Boulevard, Bloomington, MN 55437.
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:
New Process for the Annual Migratory Game Bird Hunting Regulations
As part of DOI's retrospective regulatory review, 2 years ago we
developed a schedule for migratory game bird hunting regulations that
is more efficient and provides hunting season dates much earlier than
was possible under the old process. The new process makes planning
easier for the States and all parties interested in migratory bird
hunting. Beginning in the summer of 2015, with the development of the
2016-17 hunting seasons, we started promulgating our annual migratory
game bird hunting regulations using a new schedule that combines the
previously used early- and late-season regulatory processes into a
single process. We make decisions for harvest management based on
predictions derived from long-term biological information and
established harvest strategies and, therefore, can establish migratory
bird hunting seasons much earlier than the system we used for many
years. Under the new process, we develop proposed hunting season
frameworks for a given year in the fall of the prior year. We then
finalize those frameworks a few months later, thereby enabling the
State agencies to select and publish their season dates in early
summer. We provided a detailed overview of the new process in the
August 3, 2017, Federal Register (82 FR 36308). This proposed rule is
the second in a series of proposed and final rules for the
establishment of the 2018-19 hunting seasons.
Service Migratory Bird Regulations Committee Meetings
The SRC will meet October 17-18, 2017, to review information on the
current status of migratory game birds, consider Flyway Council
recommendations, and develop 2018-19 migratory game bird regulations
recommendations for these species. In accordance with Departmental
policy, these meetings are open to public observation. You may submit
written comments to the Service on the matters discussed.
Regulatory Schedule for 2017-18
On August 3, 2017, we published a proposal to amend title 50 of the
Code of Federal Regulations (CFR) at part 20 (82 FR 36308). 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 additional supplemental proposals for public comment in the
Federal Register as population, habitat, harvest, and other information
become available. Major steps in the 2018-19 regulatory cycle relating
to open public meetings and Federal Register notifications were
illustrated in the diagram at the end of the August 3, 2017, proposed
rule (82 FR 36308).
All sections of this and subsequent documents outlining hunting
frameworks and guidelines are organized under the numbered headings set
forth in the August 3, 2017, proposed rule (82 FR 36308). Later
sections of this and subsequent documents will refer only to numbered
items requiring attention. Therefore, it is important to note that we
will omit those items requiring no attention, and remaining numbered
items will be discontinuous, thereby making the list appear incomplete.
The regulatory alternatives for the 2018-19 duck hunting seasons
are shown at the end of this document. We plan to publish proposed
season frameworks in mid-December 2017. We plan to publish final season
frameworks in late February 2018.
Review of Public Comments
This proposed rulemaking describes recommended changes or specific
preliminary proposals that vary from the 2017-18 regulations and issues
requiring discussion, action, or the attention of the States or tribes.
We will publish responses to all proposals and written comments when we
develop final frameworks for the 2018-19 season. We seek additional
information and comments on 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 August
3, 2017, proposed rule (82 FR 36308). Only those categories requiring
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 regulation changes be restricted to one step per year, both when
restricting as well as liberalizing hunting regulations.
Service Response: As we stated in the August 3, 2017, proposed rule
(82 FR 36308), we intend to continue use of Adaptive Harvest Management
(AHM) to help determine appropriate duck-hunting regulations for the
2018-19 season. AHM is a tool that permits sound resource decisions in
the face of uncertain regulatory impacts, as well as providing a
mechanism for reducing that uncertainty over time. The current AHM
protocol is used to evaluate four alternative regulatory levels based
on the population status of mallards and their breeding habitat (i.e.,
abundance of ponds). Special hunting restrictions are enacted for
certain species, such as canvasbacks, black ducks, scaup, and pintails.
Regarding the Mississippi Flyway Council recommendation to limit
regulatory changes to one step per year, we recognize the longstanding
interest by the Council to impose a one-step constraint on regulatory
changes. We note that the Central and Mississippi Flyways have worked
with Service staff during the past 3 years to revisit the AHM protocol
for managing harvest of mid-continent mallards. This effort has
included a discussion of appropriate management objectives, regulatory
packages, and management of non-mallard stocks. These discussions are
the appropriate venue to discuss what role, if any, a one-step
constraint might play in management of waterfowl in the Central and
Mississippi Flyways. Such discussions should include the potential
impact of a one-step constraint on the
[[Page 46013]]
frequency of when the liberal, moderate, and restrictive packages would
be recommended. On a final note, while we recognize the Council's
concern about potentially communicating a large regulatory change to
hunters, we have concerns about the appropriateness of a one-step
constraint in situations when the status of the waterfowl resource may
warrant such a measure. We look forward to continued work with the
Flyway Councils on this issue.
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 2017-18. The Mississippi
Flyway Council further recommended changing the framework closing date
to January 31 during ``moderate'' and ``liberal'' seasons.
Service Response: As we stated in final rules published last year
(81 FR 17302, March 28, 2016) and earlier this year (82 FR 24786, May
30, 2017), we do not support the Council's recommendation to extend the
duck season framework closing date to January 31 at this time. We note
that the current framework opening and closing dates were developed
through a cooperative effort between all four Flyway Councils and that
framework dates are only one of several components that comprise the
regulatory packages utilized in AHM. Regulatory packages also consider
season length, daily bag limits, and shooting hours. The current
regulatory packages in the Mississippi Flyway should remain unchanged
until revisions to the AHM protocols have been completed. Those efforts
will include examination of duck harvest management objectives, model
updates, and revisions to regulatory packages, including framework
dates. We prefer that the issue of framework dates and any other
component of the regulatory packages be addressed through this
cooperative process and would prefer a comprehensive approach to
revising regulatory packages rather than making incremental changes.
Thus, the regulatory alternatives proposed in the August 3, 2017,
Federal Register (82 FR 36308) will be used for the 2018-19 hunting
season (see accompanying table at the end of this document for specific
information). 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 in the proposed frameworks rule in early
December 2017. For those species with specific harvest strategies
(pintails, black ducks, and scaup), those strategies will again be used
for the 2018-19 hunting season.
D. Special Seasons/Species Management
i. September Teal Seasons
Council Recommendations: The Mississippi Flyway Council recommended
that early teal seasons in Iowa, Michigan, and Wisconsin be made
operational beginning with the 2018 season and remain operational
thereafter. The frameworks would follow the teal harvest strategy,
except that Iowa would retain the option of selecting an early
September duck season in lieu of an early teal season. Iowa would
choose between an early September duck season or early teal season
beginning with the 2018-19 hunting season, and this decision will
remain in effect under current frameworks. The Council also recommended
that Kentucky and Tennessee be granted operational 4-day teal only
seasons when 16-day teal seasons are offered for the 2018-19 season and
beyond. If a 9-day teal season is offered, the Council recommends that
both States would revert to their original 5-day wood duck and teal
seasons. The Kentucky and Tennessee seasons would follow the existing
teal harvest strategy.
16. Doves
Council Recommendations: The Atlantic and Mississippi Flyway
Councils recommended that the framework closing date for mourning doves
in the Eastern Management Unit (EMU) be moved from January 15 to
January 31 for the 2018-19 hunting season, and that the National
Mourning Dove Harvest Strategy be revised accordingly. The Central and
Mississippi Flyway Councils recommended that the National Mourning Dove
Harvest Strategy be revised to allow a fixed opening framework date of
September 14 for the Texas South Dove Zone.
Service Response: We agree with the Atlantic and Mississippi Flyway
Councils' recommendation to extend the EMU's framework closing date to
January 31. A review of the available data on mourning dove nesting
phenology in the EMU indicated that <1 percent of all mourning dove
nest initiations detected occurred in January; thus, the impacts on
mourning dove reproduction will be minimal. Furthermore, the maximum
additional harvest expected as a result of this action is negligible in
relation to the number of mourning doves in the EMU (<0.2 percent of
the fall population). Therefore, we do not expect that this action will
result in significant impacts to the EMU mourning dove population.
However, we also note that nesting phenology may have changed in some
areas since the studies cited in the EMU recommendation were conducted
and may continue to change in the future. Thus, framework dates later
than January 31 should not be considered without new studies that
document contemporary nesting phenology throughout the EMU, which would
allow assessment of the impact of a later closing date on mourning dove
productivity.
Regarding the Central and Mississippi Flyway Councils'
recommendation, we supported a change in the opening date to September
14 for the Texas South Dove Zone (82 FR 24794, May 30, 2017). However,
we noted that the National Dove Harvest Strategy used to guide dove
harvest management had language that did not allow the earlier date,
and would need to be revised. Therefore, we delayed implementation of
the earlier opening date until the 2018-19 season. We support the
recommendations and the change made to the Harvest Strategy, which will
allow the earlier framework date in the Texas South Dove Zone for the
2018-19 season.
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
[[Page 46014]]
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.
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 August 3, 2017, proposed rule (82 FR 36308);
see that document for descriptions of our actions to ensure compliance
with the following statutes and Executive Orders:
National Environmental Policy Act;
Endangered Species Act;
Regulatory Flexibility Act;
Small Business Regulatory Enforcement Fairness Act;
Paperwork Reduction Act;
Unfunded Mandates Reform Act; and
Executive Orders 12630, 12866, 12988, 13132, 13175, 13211,
13563, and 13771.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Authority
The rules that eventually will be promulgated for the 2018-19
hunting season are authorized under 16 U.S.C. 703-711, 16 U.S.C. 712,
and 16 U.S.C. 742 a-j.
Dated: September 21, 2017.
Todd D. Willens,
Acting Assistant Secretary for Fish and Wildlife and Parks.
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[FR Doc. 2017-21195 Filed 10-2-17; 8:45 a.m.]
BILLING CODE 4333-15-C
