Migratory Bird Hunting; Proposed 2022-23 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals; Notification of Meetings, 48649-48658 [2021-18742]
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Proposed Rules
outlining our reasons for this
determination in the Federal Register
on October 25, 1983 (48 FR 49244).
Ecological Services, U.S. Fish and
Wildlife Service.
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
List of Subjects in 50 CFR Part 17
■
A complete list of references cited is
available on https://www.regulations.gov
under Docket Number FWS–R4–ES–
2019–0014.
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245; unless otherwise
noted.
Authority
Proposed Regulation Promulgation
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Accordingly, we hereby propose to
amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal
Regulations, as follows:
References Cited
Authors
1. The authority citation for part 17
continues to read as follows:
The primary authors of this proposed
rule are the staff members of the Branch
of Delisting and Foreign Species,
Common name
2. Amend § 17.11(h) by adding an
entry for ‘‘Caribou, barren-ground
[Dolphin and Union caribou DPS]’’ in
alphabetical order under Mammals to
the List of Endangered and Threatened
Wildlife, to read as follows:
■
§ 17.11 Endangered and threatened
wildlife.
*
Scientific name
Where listed
*
*
(h) * * *
Status
*
*
Listing citations and applicable
rules
MAMMALS
*
*
Caribou, barren-ground [Dolphin
and Union caribou DPS].
*
*
Rangifer tarandus
groenlandicus.
*
*
Canada (Victoria Island, Canadian Mainland in Nunavut and
Northwest Territories).
*
*
for endangered wildlife under
§ 17.21(g).
§ 17.40
Martha Williams,
Principal Deputy Director, Exercising the
Delegated Authority of the Director, U.S. Fish
and Wildlife Service.
Special rules—mammals.
*
*
*
*
*
(t) Caribou, barren-ground [Dolphin
and Union caribou distinct population
segment (DPS)] (Rangifer tarandus
groenlandicus).
(1) Prohibitions. Except as provided
under paragraph (t)(2) of this section
and §§ 17.4–17.5, it is unlawful for any
person subject to the jurisdiction of the
United States to commit, to attempt to
commit, to solicit another to commit, or
to cause to be committed, any of the
following acts with regard to this
species:
(i) Import or export, as set forth for
endangered wildlife at § 17.21(b).
(ii) Interstate or foreign commerce in
the course of commercial activity, as set
forth for endangered wildlife at
§ 17.21(e).
(iii) Sale or offer for sale, as set forth
for endangered wildlife at § 17.21(f).
(2) Exceptions from prohibitions.
With regard to this species, you may:
(i) Import personal sport-hunted
trophies legally hunted in and exported
from Canada with accompanying
hunting tags.
(ii) Conduct activities as authorized
by permit under § 17.32.
(iii) Conduct activities as authorized
by a captive-bred wildlife registration
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[FR Doc. 2021–18098 Filed 8–30–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS–HQ–MB–2021–0057;
FF09M22000–212–FXMB1231099BPP0]
RIN 1018–BF07
Migratory Bird Hunting; Proposed
2022–23 Migratory Game Bird Hunting
Regulations (Preliminary) With
Requests for Indian Tribal Proposals;
Notification of Meetings
AGENCY:
Fish and Wildlife Service,
Interior.
Proposed rule; availability of
supplemental information.
ACTION:
The U.S. Fish and Wildlife
Service (Service or we) proposes to
establish annual hunting regulations for
certain migratory game birds for the
2022–23 hunting season. We annually
SUMMARY:
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[Federal Register citation when
published as a final rule]; 50
CFR 17.40(t). 4d
*
3. Amend § 17.40 by adding paragraph
(t) to read as follows:
■
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*
*
*
prescribe outside limits (frameworks)
within which States may select hunting
seasons. This proposed rule provides
the regulatory schedule, announces the
Service Migratory Bird Regulations
Committee (SRC) and Flyway Council
meetings, describes the proposed
regulatory alternatives for the 2022–23
general duck seasons and preliminary
proposals that vary from the 2021–22
hunting season regulations, and requests
proposals from Indian Tribes that wish
to establish special migratory game bird
hunting regulations on Federal Indian
reservations and ceded lands. Migratory
bird hunting seasons provide
opportunities for recreation and
sustenance; aid Federal, State, and
Tribal governments in the management
of migratory game birds; and permit
harvests at levels compatible with
migratory game bird population status
and habitat conditions.
DATES:
Comments: You may comment on the
general duck season regulatory
alternatives and other preliminary
proposals for the 2022–23 season until
September 30, 2021. In subsequent
Federal Register documents, you will be
given an opportunity to submit
comments on the proposed frameworks
(see Schedule of Biological Information
Availability, Regulations Meetings and
Federal Register Publications for the
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Proposed Rules
2022–23 Hunting Season at the end of
this proposed rule for further
information). Tribes must submit
proposals and related comments on or
before December 1, 2021.
Meetings: The SRC will meet on
September 28–29, 2021, to consider and
develop proposed regulations for the
2022–23 migratory game bird hunting
seasons. Meetings on both days will
commence at approximately 11 a.m.
(Eastern) 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–2021–
0057.
• U.S. mail: Public Comments
Processing, Attn: FWS–HQ–MB–2021–
0057; U.S. Fish and Wildlife Service;
MS: PRB/3W; 5275 Leesburg Pike; Falls
Church, VA 22041–3803.
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 website. See Public Comments,
below, for more information.
Meetings: The September 28–29,
2021, SRC meeting will be conducted in
person and or by video-teleconference.
The meeting is open to the public.
Meeting details and opportunities for
the public to listen to and observe the
meeting will be posted at https://
www.fws.gov/birds when they become
available.
Accommodation requests: The
Service is committed to providing
access to the SRC meeting for all
participants and observers. Please direct
all requests for sign language
interpreting services, closed captioning,
or other accommodation needs to the
person listed under FOR FURTHER
INFORMATION CONTACT by close of
business on September 1, 2021. If you
use a telecommunications device for the
deaf (TDD), call the Federal Relay
Service at 800–877–8339.
FOR FURTHER INFORMATION CONTACT:
Jerome Ford, U.S. Fish and Wildlife
Service, Department of the Interior,
(202) 208–1050.
SUPPLEMENTARY INFORMATION:
Process for Establishing Annual
Migratory Game Bird Hunting
Regulations
As part of the Department of the
Interior’s 2015 retrospective regulatory
review, we changed our process for
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developing migratory game bird hunting
regulations with the goal of enabling the
State agencies to select and publish
their season dates earlier than was
allowed under the prior process. We
provided a detailed overview of this
process in the August 6, 2015, Federal
Register (80 FR 47388). This proposed
rule is the first in a series of proposed
and final rules that establish regulations
for the 2022–23 migratory bird hunting
season.
Background and Overview
Migratory game birds are those bird
species so designated in conventions
between the United States and several
foreign nations for the protection and
management of these birds. Under the
Migratory Bird Treaty Act (16 U.S.C.
703–712), the Secretary of the Interior is
authorized to determine when ‘‘hunting,
taking, capture, killing, possession, sale,
purchase, shipment, transportation,
carriage, or export of any such bird, or
any part, nest, or egg’’ of migratory game
birds can take place, and to adopt
regulations for this purpose (16 U.S.C.
704(a)). These regulations are written
after giving due regard to ‘‘the zones of
temperature and to the distribution,
abundance, economic value, breeding
habits, and times and lines of migratory
flight of such birds’’ (16 U.S.C. 704(a)),
and are updated annually. This
responsibility has been delegated to the
Service as the lead Federal agency for
managing and conserving migratory
birds in the United States. However,
migratory bird management is a
cooperative effort of Federal, State, and
Tribal governments.
The Service annually develops
migratory game bird hunting regulations
by establishing the frameworks, or
outside limits, for season dates, season
lengths, shooting hours, bag and
possession limits, and areas where
migratory game bird hunting may occur.
These frameworks are necessary to
allow harvest at levels compatible with
migratory game bird population status
and habitat conditions.
Acknowledging regional differences
in hunting conditions, the Service has
administratively divided the United
States into four Flyways for the primary
purpose of managing migratory game
birds. Each Flyway (Atlantic,
Mississippi, Central, and Pacific) has a
Flyway Council, a formal organization
generally composed of one member
from each State within the Flyway, as
well as Provinces in Canada that share
migratory bird populations with the
Flyway. The Flyway Councils,
established through the Association of
Fish and Wildlife Agencies, also assist
in researching and providing migratory
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game bird management information for
Federal, State, and Provincial
governments, as well as private
conservation entities and the general
public.
The process for adopting migratory
game bird hunting regulations (50 CFR
part 20) is constrained by three primary
factors. Legal and administrative
considerations dictate how long the
rulemaking process will last. Most
importantly, however, the biological
cycle of migratory game birds controls
the timing of data-gathering activities
and thus the dates on which these
results are available for consideration
and deliberation.
For the regulatory cycle, Service
biologists gather, analyze, and interpret
biological survey data and provide this
information to all those involved in the
process through a series of published
status reports and presentations to
Flyway Councils and other interested
parties. Because the Service is required
to take abundance of migratory game
birds and other factors into
consideration, the Service undertakes a
number of surveys throughout the year
in conjunction with Service Regional
Offices, the Canadian Wildlife Service,
and State and Provincial wildlifemanagement agencies. To determine the
appropriate frameworks for each
species, we consider factors such as
population size and trend, geographical
distribution, annual breeding effort,
condition of breeding and wintering
habitat, number of hunters, and
anticipated harvest. After frameworks
are established, States may select
migratory game bird hunting seasons
within these frameworks. States may
always be more conservative in their
selections than the Federal frameworks,
but never more liberal.
Service Migratory Bird Regulations
Committee Meetings
The SRC conducted an open meeting
on April 6, 2021, to discuss preliminary
issues for the 2022–23 regulations, and
will conduct another meeting on
September 28–29, 2021, to review
information on the current status of
migratory game birds and develop
2022–23 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. See DATES and
ADDRESSES for information about these
meetings.
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Notice of Intent To Establish Open
Seasons
This document announces our intent
to establish open hunting seasons for
certain designated groups or species of
migratory game birds for 2022–23 in the
contiguous United States, Alaska,
Hawaii, Puerto Rico, and the Virgin
Islands, under §§ 20.101 through 20.107,
20.109, and 20.110 of subpart K of 50
CFR part 20. For the 2022–23 migratory
game bird hunting season, we will
propose regulations for certain
designated members of the avian
families Anatidae (ducks, geese, and
swans); Columbidae (doves and
pigeons); Gruidae (cranes); Rallidae
(rails, coots, and gallinules); and
Scolopacidae (woodcock and snipe). We
describe these proposals under
Proposed 2022–23 Migratory Game Bird
Hunting Regulations (Preliminary) in
this document. We annually publish
definitions of flyways and management
units, and a description of the data used
in and the factors affecting the
regulatory process in proposed and final
rules later in the regulations
development process (see February 22,
2021, Federal Register, 86 FR 10622, for
the latest definitions and descriptions).
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Regulatory Schedule for 2022–23
This document is the first in a series
of proposed, supplemental, and final
rulemaking documents 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 2022–23
regulatory cycle relating to open public
meetings and Federal Register
notifications are illustrated in the
diagram at the end of this proposed rule.
All publication dates of Federal
Register documents are target dates. All
sections of this and subsequent
documents outlining hunting
frameworks and guidelines are
organized under numbered headings.
These headings are:
1. Ducks
A. General Harvest Strategy
B. Regulatory Alternatives
C. Zones and Split Seasons
D. Special Seasons/Species Management
i. Early Teal Seasons
ii. Early Teal/Wood Duck Seasons
iii. Black Ducks
iv. Canvasbacks
v. Pintails
vi. Scaup
vii. Mottled Ducks
viii. Wood Ducks
ix. Youth and Veterans-Active Military
Personnel Hunting Days
x. Mallard Management Units
xi. Other
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2. Sea Ducks
3. Mergansers
4. Canada Geese
A. Special Early Seasons
B. Regular Seasons
C. Special Late Seasons
5. White-fronted Geese
6. Brant
7. Snow and Ross’s (Light) Geese
8. Swans
9. Sandhill Cranes
10. Coots
11. Gallinules
12. Rails
13. Snipe
14. Woodcock
15. Band-Tailed Pigeons
16. Doves
17. Alaska
18. Hawaii
19. Puerto Rico
20. Virgin Islands
21. Falconry
22. Other
Gregory Fleming, U.S. Fish and
Wildlife Service Headquarters, Division
of Migratory Bird Management, 5275
Leesburg Pike, Falls Church, VA 22041;
telephone: 703–358–2391; email:
gregory_fleming@fws.gov.
Requests for Tribal Proposals
Background
This and subsequent documents will
refer only to numbered items requiring
attention. We will omit those items not
requiring attention, and remaining
numbered items may be discontinuous
and appear incomplete.
The proposed regulatory alternatives
for the 2022–23 duck hunting seasons
are contained at the end of this
document. We plan to publish final
regulatory alternatives for duck seasons
about fall 2021, proposed season
frameworks about winter 2021, and final
season frameworks near the end of
February 2022.
Review of Public Comments
This proposed rulemaking contains
the proposed regulatory alternatives for
the 2022–23 general duck hunting
seasons. This proposed rulemaking also
describes other recommended changes
or specific preliminary proposals that
vary from the 2021–22 regulations and
issues requiring early 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
2022–23 season. We seek additional
information and comments on this
proposed rule.
Consolidation of Rulemaking
Documents
For administrative purposes, this
document consolidates the notice of our
intent to establish open migratory game
bird hunting seasons and the request for
Tribal proposals with the preliminary
proposals for the annual hunting
regulations-development process. We
will publish the remaining proposed
and final rulemaking documents
separately. For inquiries on Tribal
guidelines and proposals, Tribes should
contact:
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Beginning with the 1985–86 hunting
season, we have employed guidelines
described in the June 4, 1985, Federal
Register (50 FR 23467) to establish
special migratory game bird hunting
regulations on Federal Indian
reservations (including off-reservation
trust lands) and ceded lands. We
developed these guidelines in response
to Tribal requests for our recognition of
their reserved hunting rights, and for
some Tribes, recognition of their
authority to regulate hunting by both
Tribal and nontribal members
throughout their reservations. The
guidelines include possibilities for:
(1) On-reservation hunting by both
Tribal and nontribal members, with
hunting by nontribal members on some
reservations to take place within Federal
frameworks, but on dates different from
those selected by the surrounding
State(s);
(2) On-reservation hunting by Tribal
members only, outside of usual Federal
frameworks for season dates, season
length, and daily bag and possession
limits; and
(3) Off-reservation hunting by Tribal
members on ceded lands, outside of
usual framework dates and season
length, with some added flexibility in
daily bag and possession limits.
In all cases, Tribal regulations
established under the guidelines must
be consistent with the annual March 11
to August 31 closed season mandated by
the 1916 Convention Between the
United States and Great Britain (for
Canada) for the Protection of Migratory
Birds, as amended by the Protocol
Between the Government of the United
States of America and the Government
of Canada Amending the 1916
Convention Between the United
Kingdom and the United States of
America for the Protection of Migratory
Birds in Canada and the United States.
The guidelines are applicable to those
Tribes that have reserved hunting rights
on Federal Indian reservations
(including off-reservation trust lands)
and ceded lands. They also may be
applied to the establishment of
migratory game bird hunting regulations
for nontribal members on all lands
within the exterior boundaries of
reservations where Tribes have full
wildlife-management authority over
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such hunting, or where the Tribes and
affected States otherwise have reached
agreement over hunting by nontribal
members on non-Indian lands.
Tribes usually have the authority to
regulate migratory game bird hunting by
nonmembers on Indian-owned
reservation lands, subject to our
approval. The question of jurisdiction is
more complex on reservations that
include lands owned by non-Indians,
especially when the surrounding States
have established or intend to establish
regulations governing migratory bird
hunting by non-Indians on these lands.
In such cases, we encourage the Tribes
and States to reach agreement on
regulations that would apply throughout
the reservations. When appropriate, we
will consult with a Tribe and State with
the aim of facilitating an accord. We
also will consult jointly with Tribal and
State officials in the affected States
where Tribes may wish to establish
special hunting regulations for Tribal
members on ceded lands. It is
incumbent upon the Tribe and/or the
State to request consultation as a result
of the proposal being published in the
Federal Register. We will not presume
to make a determination, without being
advised by either a Tribe or a State, that
any issue is or is not worthy of formal
consultation.
One of the guidelines provides for the
continuation of Tribal members’ harvest
of migratory game birds on reservations
where such harvest is a customary
practice. We are supportive of this
harvest provided it does not take place
during the closed season required by the
Convention and it is not so large as to
adversely affect the status of the
migratory game bird resource. Since the
inception of these guidelines, we have
reached annual agreement with Tribes
for migratory game bird hunting by
Tribal members on their lands or on
lands where they have reserved hunting
rights. We will continue to consult with
Tribes that wish to reach a mutual
agreement on hunting regulations for
on-reservation hunting by Tribal
members. These guidelines provide
appropriate opportunity to
accommodate the reserved hunting
rights and management authority of
Indian Tribes while also ensuring that
the migratory game bird resource
receives necessary protection. The
conservation of this important
international resource is paramount.
Use of the guidelines is not required if
a Tribe wishes to observe the hunting
regulations established by the State(s) in
which the reservation is located.
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Details Needed in Tribal Proposals
Tribes that wish to use the guidelines
to establish special hunting regulations
for the 2022–23 migratory game bird
hunting season should submit a
proposal that includes: (1) The
requested migratory game bird hunting
season dates and other details regarding
the proposed regulations; (2) harvest
anticipated under the proposed
regulations; and (3) Tribal capabilities to
enforce migratory game bird hunting
regulations. For those situations where
limited capabilities to enforce
regulations could result in harvest levels
that significantly impact the migratory
game bird resource, we also request
information on the methods employed
to monitor harvest and any potential
measures to limit harvest levels.
A Tribe that desires the earliest
possible opening of the migratory game
bird season for nontribal members
should specify this request in its
proposal, rather than request a date that
might not be within the final Federal
frameworks. Similarly, unless a Tribe
wishes to set more restrictive
regulations than Federal regulations will
permit for nontribal members, the
proposal should request the same daily
bag limit, possession limit, and season
length for migratory game birds that
Federal regulations are likely to permit
for the States in the Flyway in which
the reservation is located.
Tribal Proposal Procedures
We will publish details of Tribal
proposals for public review in later
Federal Register documents. Because of
the time required for review by us and
the public, Tribes that desire special
migratory game bird hunting regulations
for the 2022–23 hunting season should
submit their proposals no later than
December 1, 2021. Tribes should direct
inquiries regarding the guidelines and
proposals to the person listed above
under the caption Consolidation of
Rulemaking Documents. Tribes that
request special migratory game bird
hunting regulations for Tribal members
on ceded lands should send a courtesy
copy of the proposal to officials in the
affected State(s).
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
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take into consideration all comments we
receive. Such comments, and any
additional information we receive, may
lead to final regulations that differ from
these proposed rules.
You may submit your comments and
materials concerning this 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 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
this proposed rule, will be available for
public inspection on https://
www.regulations.gov.
For each series of proposed
rulemakings, we will establish specific
comment periods. We will consider, but
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.
National Environmental Policy Act
(NEPA) Consideration
The programmatic document,
‘‘Second Final Supplemental
Environmental Impact Statement:
Issuance of Annual Regulations
Permitting the Sport Hunting of
Migratory Birds (EIS 20130139),’’ filed
with the Environmental Protection
Agency (EPA) on May 24, 2013,
addresses NEPA compliance by the
Service for issuance of the annual
framework regulations for hunting of
migratory game bird species. We
published a notice of availability in the
Federal Register on May 31, 2013 (78
FR 32686), and our Record of Decision
on July 26, 2013 (78 FR 45376). We also
address NEPA compliance for waterfowl
hunting frameworks through the annual
preparation of separate environmental
assessments, the most recent being
‘‘Duck Hunting Regulations for 2021–
22,’’ with its corresponding March 2021
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finding of no significant impact. In
addition, an August 1985 environmental
assessment entitled ‘‘Guidelines for
Migratory Bird Hunting Regulations on
Federal Indian Reservations and Ceded
Lands’’ is available from the person
listed above under the caption
Consolidation of Rulemaking
Documents.
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Endangered Species Act Consideration
Before issuance of the 2022–23
migratory game bird hunting
regulations, we will comply with
provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C.
1531–1543; hereinafter ‘‘the Act’’), to
ensure that hunting is not likely to
jeopardize the continued existence of
any species designated as endangered or
threatened or adversely modify or
destroy its critical habitat and is
consistent with conservation programs
for those species. Consultations under
section 7 of the Act may cause us to
change proposals in future
supplemental proposed rulemaking
documents.
Regulatory Planning and Review—
Executive Orders 12866 and 13563
Executive Order (E.O.) 12866 provides
that the Office of Information and
Regulatory Affairs (OIRA) will review
all significant rules. OIRA has reviewed
this rule and has determined that this
rule is significant because it would have
an annual effect of $100 million or more
on the economy.
E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for
improvements in the nation’s regulatory
system to promote predictability, to
reduce uncertainty, and to use the best,
most innovative, and least burdensome
tools for achieving regulatory ends. E.O.
13563 directs agencies to consider
regulatory approaches that reduce
burdens and maintain flexibility and
freedom of choice for the public where
these approaches are relevant, feasible,
and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
An economic analysis was prepared
for the 2022–23 migratory bird hunting
season. This analysis was based on data
from the 2016 National Survey of
Fishing, Hunting, and WildlifeAssociated Recreation (National
Survey), the most recent year for which
data are available (see discussion under
Regulatory Flexibility Act, below). This
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analysis estimated consumer surplus for
three alternatives for duck hunting
regulations. As defined by the U.S.
Office of Management and Budget in
Circular A–4, consumers’ surplus is the
difference between what a consumer
pays for a unit of a good or service and
the maximum amount the consumer
would be willing to pay for that unit.
The duck hunting regulatory
alternatives are (1) issue restrictive
regulations allowing fewer days than
those issued during the 2021–22 season,
(2) issue moderate regulations allowing
more days than those in Alternative 1,
and (3) issue liberal regulations similar
to the regulations in the 2021–22
season. For the 2021–22 season, we
chose Alternative 3, with an estimated
consumer surplus across all flyways of
$270–$358 million with a mid-point
estimate of $314 million. We also chose
Alternative 3 for the 2009–10 through
2020–21 seasons. The 2022–23 analysis
is part of the record for this rule and is
available at https://www.regulations.gov
at Docket No. FWS–HQ–MB–2021–
0057.
Regulatory Flexibility Act
The annual migratory bird hunting
regulations have a significant economic
impact on substantial numbers of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). An Initial
Regulatory Flexibility Analysis was
prepared to analyze the economic
impacts of the annual hunting
regulations on small business entities.
This analysis is updated annually. The
primary source of information about
hunter expenditures for migratory game
bird hunting is the National Survey,
which is generally conducted at 5-year
intervals. The 2021 analysis is based on
the 2016 National Survey and the U.S.
Department of Commerce’s County
Business Patterns, from which it is
estimated that migratory bird hunters
would spend approximately $2.2 billion
at small businesses in 2022. Copies of
the analysis are available upon request
from the person listed above under the
caption Consolidation of Rulemaking
Documents or from https://
www.regulations.gov at Docket No.
FWS–HQ–MB–2021–0057.
Clarity of the Rule
We are required by E.O. 12866 and
12988 and by the Presidential
Memorandum of June 1, 1998, to write
all rules in plain language. This means
that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
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(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in ADDRESSES. To
better help us revise the rule, your
comments should be as specific as
possible. For example, you should tell
us the numbers of the sections or
paragraphs that are unclearly written,
which sections or sentences are too
long, the sections where you feel lists or
tables would be useful, etc.
Small Business Regulatory Enforcement
Fairness Act
This proposed rule is a major rule
under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement
Fairness Act. For the reasons outlined
above, this rule would have an annual
effect on the economy of $100 million
or more. However, because this rule
would establish hunting seasons, which
are time sensitive, we do not plan to
defer the effective date under the
exemption contained in 5 U.S.C. 808(1).
Paperwork Reduction Act
This rule does not contain any new
collection of information that requires
approval by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). OMB has previously approved
the information collection requirements
associated with migratory bird surveys
and the procedures for establishing
annual migratory bird hunting seasons
under the following OMB control
numbers:
• 1018–0019, ‘‘North American
Woodcock Singing Ground Survey’’
(expires 02/29/2024).
• 1018–0023, ‘‘Migratory Bird
Surveys, 50 CFR 20.20’’ (expires 04/30/
2023). Includes Migratory Bird Harvest
Information Program, Migratory Bird
Hunter Surveys, Sandhill Crane Survey,
and Parts Collection Survey.
• 1018–0171, ‘‘Establishment of
Annual Migratory Bird Hunting
Seasons, 50 CFR part 20’’ (expires 02/
29/2024).
You may view the information
collection request(s) at https://
www.reginfo.gov/public/do/PRAMain.
An agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.
Unfunded Mandates Reform Act
We have determined and certify, in
compliance with the requirements of the
Unfunded Mandates Reform Act, 2
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U.S.C. 1502 et seq., that this proposed
rulemaking would not impose a cost of
$100 million or more in any given year
on local or State government or private
entities. Therefore, this rule is not a
‘‘significant regulatory action’’ under
the Unfunded Mandates Reform Act.
Civil Justice Reform—Executive Order
12988
The Department, in promulgating this
proposed rule, has determined that this
proposed rule will not unduly burden
the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2)
of E.O. 12988.
Takings Implication Assessment
In accordance with E.O. 12630, this
proposed rule, authorized by the
Migratory Bird Treaty Act, does not
have significant takings implications
and does not affect any constitutionally
protected property rights. This rule
would not result in the physical
occupancy of property, the physical
invasion of property, or the regulatory
taking of any property. In fact, this rule
would allow hunters to exercise
otherwise unavailable privileges and,
therefore, would reduce restrictions on
the use of private and public property.
Energy Effects—Executive Order 13211
E.O. 13211 requires agencies to
prepare Statements of Energy Effects
when undertaking certain actions.
While this proposed rule is a significant
regulatory action under E.O. 12866, it is
not expected to adversely affect energy
supplies, distribution, or use. Therefore,
this action is not a significant energy
action and no Statement of Energy
Effects is required.
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Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), E.O.
13175, and 512 DM 2, we have
evaluated possible effects on Federally
recognized Indian Tribes and have
determined that there are de minimis
effects on Indian trust resources.
However, in this proposed rule, we
solicit proposals for special migratory
bird hunting regulations for certain
Tribes on Federal Indian reservations,
off-reservation trust lands, and ceded
lands for the 2022–23 migratory bird
hunting season. The resulting proposals
are contained in a separate proposed
rule published in spring and final rule
published in summer 2022. Through
this process to establish annual hunting
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regulations, we regularly coordinate
with Tribes that are affected by this rule.
Federalism Effects
Due to the migratory nature of certain
species of birds, the Federal
Government has been given
responsibility over these species by the
Migratory Bird Treaty Act. We annually
prescribe frameworks from which the
States make selections regarding the
hunting of migratory birds, and we
employ guidelines to establish special
regulations on Federal Indian
reservations and ceded lands. This
process preserves the ability of the
States and Tribes to determine which
seasons meet their individual needs.
Any State or Tribe may be more
restrictive in its regulations than the
Federal frameworks at any time. The
frameworks are developed in a
cooperative process with the States and
the Flyway Councils. This process
allows States to participate in the
development of frameworks from which
they will make selections, thereby
having an influence on their own
regulations. These rules do not have a
substantial direct effect on fiscal
capacity, change the roles or
responsibilities of Federal or State
governments, or intrude on State policy
or administration. Therefore, in
accordance with E.O. 13132, these
regulations do not have significant
federalism effects and do not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
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 2022–23 hunting
season are authorized under 16 U.S.C.
703–711, 712, and 742 a–j.
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
Proposed 2022–23 Migratory Game
Bird Hunting Regulations (Preliminary)
Pending current information on
populations, harvest, and habitat
conditions, and receipt of
recommendations from the four Flyway
Councils, we may defer specific
regulatory proposals. Due to the
coronavirus pandemic, several annual
monitoring activities that provide
information used in developing
regulatory recommendations have been
temporarily cancelled or otherwise
impacted. We intend to follow existing
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harvest management strategies to the
extent possible, although some
modifications will be necessary due to
the absence of status information for
2021 for many species and populations
of game birds. Service staff are in the
process of developing adjustments to
the strategies to accommodate this issue.
Given the recent cancellations, we
cannot provide specific changes at this
time, but will detail the changes in
subsequent rulemaking and notices
published in the Federal Register.
Issues requiring early discussion, action,
or the attention of the States or Tribes
are described below.
1. Ducks
Categories used to discuss issues
related to duck harvest management are:
(A) General Harvest Strategy, (B)
Regulatory Alternatives, (C) Zones and
Split Seasons, and (D) Special Seasons/
Species Management. Only those
categories containing substantial
recommendations are discussed below.
A. General Harvest Strategy
We will continue to use adaptive
harvest management (AHM) to help
determine appropriate duck-hunting
regulations for the 2022–23 season.
AHM is a tool that permits sound
resource decisions in the face of
uncertain regulatory impacts and
provides a mechanism for reducing that
uncertainty over time. We use an AHM
protocol (decision framework) to
evaluate four regulatory alternatives,
each with a different expected harvest
level, and choose the optimal regulation
for duck hunting based on the status
and demographics of mallards for the
Mississippi, Central, and Pacific
Flyways, and based on the status and
demographics of a suite of four species
(eastern waterfowl) in the Atlantic
Flyway. We have specific AHM
protocols that guide appropriate bag
limits and season lengths for species of
special concern, including black ducks,
scaup, and pintails, within the general
duck season. These protocols use the
same outside season dates and lengths
as those regulatory alternatives for the
2022–23 general duck seasons.
For the 2022–23 hunting season, we
will continue to use independent
optimizations to determine the
appropriate regulatory alternative for
mallard stocks in the Mississippi,
Central, and Pacific Flyways and for
eastern waterfowl in the Atlantic
Flyway. This means that we will
develop regulations for mid-continent
mallards, western mallards, and eastern
waterfowl independently based on the
breeding stock that contributes
primarily to each Flyway. We detailed
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implementation of AHM protocols for
mid-continent and western mallards in
the July 24, 2008, Federal Register (73
FR 43290), and for eastern waterfowl in
the September 21, 2018, Federal
Register (83 FR 47868).
Due to the coronavirus pandemic and
associated travel restrictions and human
health concerns in the United States and
Canada, certain migratory bird
monitoring surveys have been cancelled
in 2021. This includes the Waterfowl
Breeding Population and Habitat
Survey, which provides status
information for many species of
waterfowl, including those used in our
AHM protocols. Consequently, in some
cases, we will need to deviate from our
AHM protocols and other decision
processes to address missing data from
2021. We will adjust our AHM protocols
and decision tools for general duck
seasons and species of concern,
including pintails, scaup, black ducks,
canvasbacks, and wood ducks only to
the extent necessary to inform the
regulatory decisions for the 2022–23
season. For existing AHM protocols, we
propose to use the strategy for each
flyway, but use the long-term data and
models to predict 2021 spring
abundances of ducks and habitat
conditions in place of the spring 2021
data, which will not be available. The
predicted 2021 breeding populations
would be used in combination with the
most current policy matrix (e.g.,
breeding population and pond counts)
to develop recommendations for the
2022–23 hunting season. For other
decision support tools such as those
used for canvasback and blue-winged
teal, similar to AHM protocols, we will
develop statistical predictions of the
2021 spring abundance of these species
to inform harvest regulation decisions
for the 2022–23 hunting season. We will
work cooperatively with the Flyway
Councils as we develop a plan for
addressing missing data in regulatory
decision-making for the 2022–23
hunting season, and will post specific
details about deviations from our AHM
protocols and decision support tools on
our website at https://www.fws.gov/
birds when they become available.
B. Regulatory Alternatives
The basic structure of the current
regulatory alternatives for AHM was
adopted in 1997. In 2002, based upon
recommendations from the Flyway
Councils, we extended framework dates
in the ‘‘moderate’’ and ‘‘liberal’’
regulatory alternatives by changing the
opening date from the Saturday nearest
October 1 to the Saturday nearest
September 24, and by changing the
closing date from the Sunday nearest
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January 20 to the last Sunday in
January. These extended dates were
made available with no associated
penalty in season length or bag limits.
In 2018, we adopted a closing duck
framework date of January 31 for the
‘‘moderate’’ and ‘‘liberal’’ alternatives in
the Atlantic Flyway as part of the
Atlantic Flyway’s eastern waterfowl
AHM protocol (83 FR 47868; September
21, 2018). We subsequently extended
the framework closing date to January
31 across all four Flyways for the 2019–
20 hunting season (84 FR 16152; April
17, 2019).
More recently, the John D. Dingell, Jr.
Conservation, Management, and
Recreation Act of 2019 (Pub. L. 116–9,
Dingell Act) amended the Migratory
Bird Treaty Act to establish that the
closing framework date for duck seasons
will be January 31, unless a flyway
chooses an earlier closing date. Thus, in
2019, as directed by the Dingell Act, we
adjusted the framework closing date
under each regulatory alternative for all
four Flyways to January 31 (84 FR
42996; August 19, 2019). In 2020, we
agreed to move the opening framework
date to one week earlier in the
restrictive regulatory alternative for the
Mississippi and Central Flyways
beginning with the 2021–22 season
based on their recommendations (85 FR
15870; March 19, 2020).
For the 2022–23 general duck season,
we propose to utilize the same
regulatory alternatives that are in effect
for the 2021–22 season (see table at the
end of this proposed rule for specifics
of the regulatory alternatives).
Alternatives are specified for each
Flyway and are designated as ‘‘RES’’ for
the restrictive, ‘‘MOD’’ for the moderate,
and ‘‘LIB’’ for the liberal alternative. We
plan to finalize AHM regulatory
alternatives for the 2022–23 season in
the supplemental proposed rule, which
we plan to publish by fall of 2021 (see
Schedule of Biological Information
Availability, Regulations Meetings and
Federal Register Publications for the
2022–23 Hunting Season at the end of
this proposed rule for further
information). We will propose a specific
regulatory alternative in or around
December 2021 for each of the Flyways
to use for their 2022–23 seasons after
status information and results from
analytical adjustments to strategies
become available in about late August
2021.
D. Special Seasons/Species
Management
xi. Other
For the Atlantic Flyway, under the
eastern waterfowl AHM protocol for the
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Atlantic Flyway, the mallard bag limit is
not prescribed by the regulatory
alternative but is instead based on a
separate assessment of the harvest
potential of eastern mallards. We will
propose a specific mallard bag limit for
the Atlantic Flyway in or around
December 2021.
Also, although not part of any current
harvest management strategy, we
propose to allow South Dakota and
Nebraska to continue to conduct a pilot
study during the 2022–23 duck season
of a two-tier regulation system as
described in the March 19, 2020,
proposed rule (85 FR 15870). This
would be the second year of a planned
4-year pilot study. The intent of the twotier license study is to evaluate whether
regulations that relax hunters’
requirement to identify duck species
can improve waterfowl hunter
recruitment and retention. Declines in
waterfowl hunter numbers have been of
concern to the Service and the Flyway
Councils, prompting the development of
recruitment, retention, and reactivation
(R3) efforts in the conservation
community. The study would allow
each person to obtain one of two license
types during the duck season. The first
license type would allow a daily bag
limit as specified in the current duck
regulations (six ducks), along with
attendant species and sex restrictions.
The second license type would allow a
daily bag limit of only three ducks, but
they could be of any species or sex.
Additional years of study would be
contingent on whether results from the
first duck season (2021–22) warrant
additional investigation. Memoranda of
agreements between the Service and the
two States specify the purpose of the
study and the roles and responsibilities
of each party while conducting the pilot
study.
2. Sea Ducks
During the April 6, 2021, SRC
meeting, the Atlantic Flyway Council
recommended three changes to the
special sea duck season in the Atlantic
Flyway: (1) Elimination of the special
sea duck season; (2) reduction of the sea
duck daily bag limit within the regular
duck season to 4 ducks in the aggregate
of which no more than 3 may be scoters,
long-tailed ducks, or eiders, and no
more than 1 may be a hen eider; and (3)
retention of the exception that allows
shooting of crippled waterfowl from a
boat under power in the currently
defined special sea duck areas in the
Atlantic Flyway. The Atlantic Flyway
Council and SRC will again discuss and
consider proposing sea duck harvest
regulations during the September 28–29,
2021, SRC meeting. Any resultant
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recommended regulations will be
included in the proposed season
frameworks published in or around
December 2021 (see Schedule of
Biological Information Availability,
Regulations Meetings and Federal
Register Publications for the 2022–23
Hunting Season at the end of this
proposed rule). We are announcing
these possible changes to sea duck
hunting regulations in the Atlantic
Flyway starting with the 2022–23
season now to allow the greatest
opportunity for public review and
comment.
Special season regulations are used to
provide additional hunting opportunity
for species considered to be underutilized or to address nuisance problems
with overabundant species. We have
authorized a special sea duck season
(including eiders, long-tailed duck, and
scoters) in the Atlantic Flyway since
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1938. By 1973, 13 of the 17 Atlantic
Flyway States allowed special seasons
consisting of 107 days with a daily bag
limit of 7 sea ducks. We reduced the
scoter daily bag limit to 4 ducks in 1993.
In 2016, we reduced the season length
from 107 to 60 days and the daily bag
limit from 6 to 5 sea ducks of which no
more than 4 may be eiders, long-tailed
ducks, or scoters. The 2016 restrictions
were anticipated to reduce average
annual sea duck harvest by
approximately 25 percent compared to
average annual harvest during the
period 2011–2015. See the March 28,
2016, Federal Register (81 FR 17305) for
a discussion of the Sea Duck Harvest
Potential Assessment completed at that
time.
The changes to the Atlantic Flyway
sea duck regulations did not achieve the
target reduction in total sea duck
harvest. Therefore, we are considering
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the changes recommended by the
Atlantic Flyway Council due to the
continued concern regarding the status
and trends of sea duck populations in
the Atlantic Flyway, and our desire to
reduce sea duck harvest in the Atlantic
Flyway below the average annual
harvest observed during 2011–2015.
Regarding the Council’s
recommendation to retain the regulation
exception that allows shooting of
crippled waterfowl from a boat under
power in the currently defined special
sea duck area, we provide that the
purpose of this regulation is to protect
human safety and minimize duck
crippling loss associated with hunting
ducks at sea in the Atlantic Flyway
regardless of the special sea duck
season.
BILLING CODE 4333–15–P
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EP31AU21.010</GPH>
3
Dailv Baa
6
45
Jan. 31
Sat. nearest
Seot. 24
Sunset
1/2 hr.
before
sunrise
MOD
I
(d)
(d)
(d)
6
60
Jan. 31
Sat. nearest
Seot. 24
Sunset
1/2 hr.
before
sunrise
LIB
2/1
3
30
Jan. 31
Sat. nearest
Sept. 24
Sunset
I
I
Sunset
1/2 hr.
before
sunrise
LIB
4/1
6
45
Jan. 31
4/2
6
60
Jan. 31
Sat. nearest Sat. nearest
Sept. 24
Seot. 24
Sunset
1/2 hr.
before
sunrise
MOD
MISSISSIPPI FLYWAY
1/2 hr.
before
sunrise
RES
3/1
3
39
Jan. 31
Sat. nearest
Sept. 24
Sunset
1/2 hr.
before
sunrise
I
I
Sunset
1/2 hr.
before
sunrise
LIB
5/1
6
60
Jan. 31
5/2
6
74
Jan. 31
Sat. nearest Sat. nearest
Seot. 24
Seot. 24
Sunset
1/2 hr.
before
sunrise
MOD
CENTRAL FLYWAY lal
RES
Sunset
1/2 hr.
before
sunrise
MOD
3/1
4
60
Jan. 31
5/2
7
86
Jan. 31
Sat. nearest Sat. nearest
Sept. 24
Oct. 1
Sunset
1/2 hr.
before
sunrise
I
I
LIB
712
7
107
Jan.31
Sat. nearest
Seot. 24
Sunset
1/2 hr.
before
sunrise
PACIFIC FLYWAY lbllcl
RES
(a)
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.
(b) 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 7 days would be allowed.
(c) 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.
(d) Under the proposed multi-stock AHM protocol for the Atlantic Flyway, the mallard bag limit would not be prescribed by the regulatory alternative.
Mallard (Total/Female)
Soecies/Sex Limits within the Overall Daily Baa Limit
30
Jan. 31
Closing
Date
Season
Lenath (in davs)
Oct. 1
Sunset
Ending
Shooting
Time
Opening
Date
1/2 hr.
before
sunrise
I
ATLANTIC FLYWAY
Beginning
Shooting
Time
RES
PROPOSED REGULA TORY ALTERNATIVES FOR THE 2022-23 GENERAL DUCK SEASONS
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SCHEDULE OF BIOLOGICAL INFORMATION AVAILABILITY, REGULATIONS MEETINGS AND
FEDERAL REGISTER PUBLICATIONS FOR THE 2022-23 HUNTING SEASON
SURVEY & ASSESSMENT SCHEDULE
MEETING SCHEDULE
FEDERAL REGISTER SCHEDULE
April 6, 2021 - Video-teleconference
PROPOSED RULEMAKING (PRELIMINARY)
WITH STATUS INFORMATION
and ISSUES
March-Jure, 2021
July 10, 2021
SPRING POPULATION SURVEYS
I
SRC Meeting
I
August 15, 2021
WA7ERFOWL STATUS REPORT
September 15, 2021
SUPPLEMENTAL PROPOSALS
August 20, 2021
AHM REPORT w/OPTIMAL ALTERNATIVES.
WEBLESS and CRANE STATUS
INFORMATION, DOVE and WOODCOCK
REGULATORY ALTERNATIVES, and
HUNTER ACTIVITY and HARVEST REPORT
I
I
August 15 - September 15, 2021
FlywayTech And Council Meetings
September 28-29, 2021 - Virtual
SRC Regulatory Meeting
I
I
December 10, 2021
PROPOSED SEASON FRAMEWORKS
(30 Day Comment Period)
December 15, 2021--January 31, 2022
FALL and WIN7ER SURVEY
INFORMATION for CRANES
andWA7ERFOWL
I
March 2022 (at North American Confererce)
FlywayCouncil Mtgs
I
February 25, 2022
FINAL SEASON FRAMEWORKS
Jure 1, 2022
ALL HUNTING SEASONS SELECTIONS
(Season Selections Due To USFWS April 30)
I
September 1, 2022 ard later
ALL HUNTING SEASONS
I
[FR Doc. 2021–18742 Filed 8–30–21; 8:45 am]
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BILLING CODE 4333–15–C
]]>Agencies
[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Proposed Rules]
[Pages 48649-48658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18742]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2021-0057; FF09M22000-212-FXMB1231099BPP0]
RIN 1018-BF07
Migratory Bird Hunting; Proposed 2022-23 Migratory Game Bird
Hunting Regulations (Preliminary) With Requests for Indian Tribal
Proposals; Notification of Meetings
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; availability of supplemental information.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service or we) proposes to
establish annual hunting regulations for certain migratory game birds
for the 2022-23 hunting season. We annually prescribe outside limits
(frameworks) within which States may select hunting seasons. This
proposed rule provides the regulatory schedule, announces the Service
Migratory Bird Regulations Committee (SRC) and Flyway Council meetings,
describes the proposed regulatory alternatives for the 2022-23 general
duck seasons and preliminary proposals that vary from the 2021-22
hunting season regulations, and requests proposals from Indian Tribes
that wish to establish special migratory game bird hunting regulations
on Federal Indian reservations and ceded lands. Migratory bird hunting
seasons provide opportunities for recreation and sustenance; aid
Federal, State, and Tribal governments in the management of migratory
game birds; and permit harvests at levels compatible with migratory
game bird population status and habitat conditions.
DATES:
Comments: You may comment on the general duck season regulatory
alternatives and other preliminary proposals for the 2022-23 season
until September 30, 2021. In subsequent Federal Register documents, you
will be given an opportunity to submit comments on the proposed
frameworks (see Schedule of Biological Information Availability,
Regulations Meetings and Federal Register Publications for the
[[Page 48650]]
2022-23 Hunting Season at the end of this proposed rule for further
information). Tribes must submit proposals and related comments on or
before December 1, 2021.
Meetings: The SRC will meet on September 28-29, 2021, to consider
and develop proposed regulations for the 2022-23 migratory game bird
hunting seasons. Meetings on both days will commence at approximately
11 a.m. (Eastern) 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-2021-0057.
U.S. mail: Public Comments Processing, Attn: FWS-HQ-MB-
2021-0057; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 Leesburg
Pike; Falls Church, VA 22041-3803.
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 website. See Public Comments, below, for more
information.
Meetings: The September 28-29, 2021, SRC meeting will be conducted
in person and or by video-teleconference. The meeting is open to the
public. Meeting details and opportunities for the public to listen to
and observe the meeting will be posted at https://www.fws.gov/birds
when they become available.
Accommodation requests: The Service is committed to providing
access to the SRC meeting for all participants and observers. Please
direct all requests for sign language interpreting services, closed
captioning, or other accommodation needs to the person listed under FOR
FURTHER INFORMATION CONTACT by close of business on September 1, 2021.
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service at 800-877-8339.
FOR FURTHER INFORMATION CONTACT: Jerome Ford, U.S. Fish and Wildlife
Service, Department of the Interior, (202) 208-1050.
SUPPLEMENTARY INFORMATION:
Process for Establishing Annual Migratory Game Bird Hunting Regulations
As part of the Department of the Interior's 2015 retrospective
regulatory review, we changed our process for developing migratory game
bird hunting regulations with the goal of enabling the State agencies
to select and publish their season dates earlier than was allowed under
the prior process. We provided a detailed overview of this process in
the August 6, 2015, Federal Register (80 FR 47388). This proposed rule
is the first in a series of proposed and final rules that establish
regulations for the 2022-23 migratory bird hunting season.
Background and Overview
Migratory game birds are those bird species so designated in
conventions between the United States and several foreign nations for
the protection and management of these birds. Under the Migratory Bird
Treaty Act (16 U.S.C. 703-712), the Secretary of the Interior is
authorized to determine when ``hunting, taking, capture, killing,
possession, sale, purchase, shipment, transportation, carriage, or
export of any such bird, or any part, nest, or egg'' of migratory game
birds can take place, and to adopt regulations for this purpose (16
U.S.C. 704(a)). These regulations are written after giving due regard
to ``the zones of temperature and to the distribution, abundance,
economic value, breeding habits, and times and lines of migratory
flight of such birds'' (16 U.S.C. 704(a)), and are updated annually.
This responsibility has been delegated to the Service as the lead
Federal agency for managing and conserving migratory birds in the
United States. However, migratory bird management is a cooperative
effort of Federal, State, and Tribal governments.
The Service annually develops migratory game bird hunting
regulations by establishing the frameworks, or outside limits, for
season dates, season lengths, shooting hours, bag and possession
limits, and areas where migratory game bird hunting may occur. These
frameworks are necessary to allow harvest at levels compatible with
migratory game bird population status and habitat conditions.
Acknowledging regional differences in hunting conditions, the
Service has administratively divided the United States into four
Flyways for the primary purpose of managing migratory game birds. Each
Flyway (Atlantic, Mississippi, Central, and Pacific) has a Flyway
Council, a formal organization generally composed of one member from
each State within the Flyway, as well as Provinces in Canada that share
migratory bird populations with the Flyway. The Flyway Councils,
established through the Association of Fish and Wildlife Agencies, also
assist in researching and providing migratory game bird management
information for Federal, State, and Provincial governments, as well as
private conservation entities and the general public.
The process for adopting migratory game bird hunting regulations
(50 CFR part 20) is constrained by three primary factors. Legal and
administrative considerations dictate how long the rulemaking process
will last. Most importantly, however, the biological cycle of migratory
game birds controls the timing of data-gathering activities and thus
the dates on which these results are available for consideration and
deliberation.
For the regulatory cycle, Service biologists gather, analyze, and
interpret biological survey data and provide this information to all
those involved in the process through a series of published status
reports and presentations to Flyway Councils and other interested
parties. Because the Service is required to take abundance of migratory
game birds and other factors into consideration, the Service undertakes
a number of surveys throughout the year in conjunction with Service
Regional Offices, the Canadian Wildlife Service, and State and
Provincial wildlife-management agencies. To determine the appropriate
frameworks for each species, we consider factors such as population
size and trend, geographical distribution, annual breeding effort,
condition of breeding and wintering habitat, number of hunters, and
anticipated harvest. After frameworks are established, States may
select migratory game bird hunting seasons within these frameworks.
States may always be more conservative in their selections than the
Federal frameworks, but never more liberal.
Service Migratory Bird Regulations Committee Meetings
The SRC conducted an open meeting on April 6, 2021, to discuss
preliminary issues for the 2022-23 regulations, and will conduct
another meeting on September 28-29, 2021, to review information on the
current status of migratory game birds and develop 2022-23 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. See DATES and ADDRESSES for information about these
meetings.
[[Page 48651]]
Notice of Intent To Establish Open Seasons
This document announces our intent to establish open hunting
seasons for certain designated groups or species of migratory game
birds for 2022-23 in the contiguous United States, Alaska, Hawaii,
Puerto Rico, and the Virgin Islands, under Sec. Sec. 20.101 through
20.107, 20.109, and 20.110 of subpart K of 50 CFR part 20. For the
2022-23 migratory game bird hunting season, we will propose regulations
for certain designated members of the avian families Anatidae (ducks,
geese, and swans); Columbidae (doves and pigeons); Gruidae (cranes);
Rallidae (rails, coots, and gallinules); and Scolopacidae (woodcock and
snipe). We describe these proposals under Proposed 2022-23 Migratory
Game Bird Hunting Regulations (Preliminary) in this document. We
annually publish definitions of flyways and management units, and a
description of the data used in and the factors affecting the
regulatory process in proposed and final rules later in the regulations
development process (see February 22, 2021, Federal Register, 86 FR
10622, for the latest definitions and descriptions).
Regulatory Schedule for 2022-23
This document is the first in a series of proposed, supplemental,
and final rulemaking documents 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 2022-23
regulatory cycle relating to open public meetings and Federal Register
notifications are illustrated in the diagram at the end of this
proposed rule. All publication dates of Federal Register documents are
target dates. All sections of this and subsequent documents outlining
hunting frameworks and guidelines are organized under numbered
headings. These headings are:
1. Ducks
A. General Harvest Strategy
B. Regulatory Alternatives
C. Zones and Split Seasons
D. Special Seasons/Species Management
i. Early Teal Seasons
ii. Early Teal/Wood Duck Seasons
iii. Black Ducks
iv. Canvasbacks
v. Pintails
vi. Scaup
vii. Mottled Ducks
viii. Wood Ducks
ix. Youth and Veterans-Active Military Personnel Hunting Days
x. Mallard Management Units
xi. Other
2. Sea Ducks
3. Mergansers
4. Canada Geese
A. Special Early Seasons
B. Regular Seasons
C. Special Late Seasons
5. White-fronted Geese
6. Brant
7. Snow and Ross's (Light) Geese
8. Swans
9. Sandhill Cranes
10. Coots
11. Gallinules
12. Rails
13. Snipe
14. Woodcock
15. Band-Tailed Pigeons
16. Doves
17. Alaska
18. Hawaii
19. Puerto Rico
20. Virgin Islands
21. Falconry
22. Other
This and subsequent documents will refer only to numbered items
requiring attention. We will omit those items not requiring attention,
and remaining numbered items may be discontinuous and appear
incomplete.
The proposed regulatory alternatives for the 2022-23 duck hunting
seasons are contained at the end of this document. We plan to publish
final regulatory alternatives for duck seasons about fall 2021,
proposed season frameworks about winter 2021, and final season
frameworks near the end of February 2022.
Review of Public Comments
This proposed rulemaking contains the proposed regulatory
alternatives for the 2022-23 general duck hunting seasons. This
proposed rulemaking also describes other recommended changes or
specific preliminary proposals that vary from the 2021-22 regulations
and issues requiring early 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 2022-23
season. We seek additional information and comments on this proposed
rule.
Consolidation of Rulemaking Documents
For administrative purposes, this document consolidates the notice
of our intent to establish open migratory game bird hunting seasons and
the request for Tribal proposals with the preliminary proposals for the
annual hunting regulations-development process. We will publish the
remaining proposed and final rulemaking documents separately. For
inquiries on Tribal guidelines and proposals, Tribes should contact:
Gregory Fleming, U.S. Fish and Wildlife Service Headquarters,
Division of Migratory Bird Management, 5275 Leesburg Pike, Falls
Church, VA 22041; telephone: 703-358-2391; email:
[email protected].
Requests for Tribal Proposals
Background
Beginning with the 1985-86 hunting season, we have employed
guidelines described in the June 4, 1985, Federal Register (50 FR
23467) to establish special migratory game bird hunting regulations on
Federal Indian reservations (including off-reservation trust lands) and
ceded lands. We developed these guidelines in response to Tribal
requests for our recognition of their reserved hunting rights, and for
some Tribes, recognition of their authority to regulate hunting by both
Tribal and nontribal members throughout their reservations. The
guidelines include possibilities for:
(1) On-reservation hunting by both Tribal and nontribal members,
with hunting by nontribal members on some reservations to take place
within Federal frameworks, but on dates different from those selected
by the surrounding State(s);
(2) On-reservation hunting by Tribal members only, outside of usual
Federal frameworks for season dates, season length, and daily bag and
possession limits; and
(3) Off-reservation hunting by Tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits.
In all cases, Tribal regulations established under the guidelines
must be consistent with the annual March 11 to August 31 closed season
mandated by the 1916 Convention Between the United States and Great
Britain (for Canada) for the Protection of Migratory Birds, as amended
by the Protocol Between the Government of the United States of America
and the Government of Canada Amending the 1916 Convention Between the
United Kingdom and the United States of America for the Protection of
Migratory Birds in Canada and the United States. The guidelines are
applicable to those Tribes that have reserved hunting rights on Federal
Indian reservations (including off-reservation trust lands) and ceded
lands. They also may be applied to the establishment of migratory game
bird hunting regulations for nontribal members on all lands within the
exterior boundaries of reservations where Tribes have full wildlife-
management authority over
[[Page 48652]]
such hunting, or where the Tribes and affected States otherwise have
reached agreement over hunting by nontribal members on non-Indian
lands.
Tribes usually have the authority to regulate migratory game bird
hunting by nonmembers on Indian-owned reservation lands, subject to our
approval. The question of jurisdiction is more complex on reservations
that include lands owned by non-Indians, especially when the
surrounding States have established or intend to establish regulations
governing migratory bird hunting by non-Indians on these lands. In such
cases, we encourage the Tribes and States to reach agreement on
regulations that would apply throughout the reservations. When
appropriate, we will consult with a Tribe and State with the aim of
facilitating an accord. We also will consult jointly with Tribal and
State officials in the affected States where Tribes may wish to
establish special hunting regulations for Tribal members on ceded
lands. It is incumbent upon the Tribe and/or the State to request
consultation as a result of the proposal being published in the Federal
Register. We will not presume to make a determination, without being
advised by either a Tribe or a State, that any issue is or is not
worthy of formal consultation.
One of the guidelines provides for the continuation of Tribal
members' harvest of migratory game birds on reservations where such
harvest is a customary practice. We are supportive of this harvest
provided it does not take place during the closed season required by
the Convention and it is not so large as to adversely affect the status
of the migratory game bird resource. Since the inception of these
guidelines, we have reached annual agreement with Tribes for migratory
game bird hunting by Tribal members on their lands or on lands where
they have reserved hunting rights. We will continue to consult with
Tribes that wish to reach a mutual agreement on hunting regulations for
on-reservation hunting by Tribal members. These guidelines provide
appropriate opportunity to accommodate the reserved hunting rights and
management authority of Indian Tribes while also ensuring that the
migratory game bird resource receives necessary protection. The
conservation of this important international resource is paramount. Use
of the guidelines is not required if a Tribe wishes to observe the
hunting regulations established by the State(s) in which the
reservation is located.
Details Needed in Tribal Proposals
Tribes that wish to use the guidelines to establish special hunting
regulations for the 2022-23 migratory game bird hunting season should
submit a proposal that includes: (1) The requested migratory game bird
hunting season dates and other details regarding the proposed
regulations; (2) harvest anticipated under the proposed regulations;
and (3) Tribal capabilities to enforce migratory game bird hunting
regulations. For those situations where limited capabilities to enforce
regulations could result in harvest levels that significantly impact
the migratory game bird resource, we also request information on the
methods employed to monitor harvest and any potential measures to limit
harvest levels.
A Tribe that desires the earliest possible opening of the migratory
game bird season for nontribal members should specify this request in
its proposal, rather than request a date that might not be within the
final Federal frameworks. Similarly, unless a Tribe wishes to set more
restrictive regulations than Federal regulations will permit for
nontribal members, the proposal should request the same daily bag
limit, possession limit, and season length for migratory game birds
that Federal regulations are likely to permit for the States in the
Flyway in which the reservation is located.
Tribal Proposal Procedures
We will publish details of Tribal proposals for public review in
later Federal Register documents. Because of the time required for
review by us and the public, Tribes that desire special migratory game
bird hunting regulations for the 2022-23 hunting season should submit
their proposals no later than December 1, 2021. Tribes should direct
inquiries regarding the guidelines and proposals to the person listed
above under the caption Consolidation of Rulemaking Documents. Tribes
that request special migratory game bird hunting regulations for Tribal
members on ceded lands should send a courtesy copy of the proposal to
officials in the affected State(s).
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 proposed rules.
You may submit your comments and materials concerning this 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 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 this proposed rule, will
be available for public inspection on https://www.regulations.gov.
For each series of proposed rulemakings, we will establish specific
comment periods. We will consider, but 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.
National Environmental Policy Act (NEPA) Consideration
The programmatic document, ``Second Final Supplemental
Environmental Impact Statement: Issuance of Annual Regulations
Permitting the Sport Hunting of Migratory Birds (EIS 20130139),'' filed
with the Environmental Protection Agency (EPA) on May 24, 2013,
addresses NEPA compliance by the Service for issuance of the annual
framework regulations for hunting of migratory game bird species. We
published a notice of availability in the Federal Register on May 31,
2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR
45376). We also address NEPA compliance for waterfowl hunting
frameworks through the annual preparation of separate environmental
assessments, the most recent being ``Duck Hunting Regulations for 2021-
22,'' with its corresponding March 2021
[[Page 48653]]
finding of no significant impact. In addition, an August 1985
environmental assessment entitled ``Guidelines for Migratory Bird
Hunting Regulations on Federal Indian Reservations and Ceded Lands'' is
available from the person listed above under the caption Consolidation
of Rulemaking Documents.
Endangered Species Act Consideration
Before issuance of the 2022-23 migratory game bird hunting
regulations, we will comply with provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531-1543; hereinafter ``the Act''),
to ensure that hunting is not likely to jeopardize the continued
existence of any species designated as endangered or threatened or
adversely modify or destroy its critical habitat and is consistent with
conservation programs for those species. Consultations under section 7
of the Act may cause us to change proposals in future supplemental
proposed rulemaking documents.
Regulatory Planning and Review--Executive Orders 12866 and 13563
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) will review all significant
rules. OIRA has reviewed this rule and has determined that this rule is
significant because it would have an annual effect of $100 million or
more on the economy.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
E.O. 13563 directs agencies to consider regulatory approaches that
reduce burdens and maintain flexibility and freedom of choice for the
public where these approaches are relevant, feasible, and consistent
with regulatory objectives. E.O. 13563 emphasizes further that
regulations must be based on the best available science and that the
rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
An economic analysis was prepared for the 2022-23 migratory bird
hunting season. This analysis was based on data from the 2016 National
Survey of Fishing, Hunting, and Wildlife-Associated Recreation
(National Survey), the most recent year for which data are available
(see discussion under Regulatory Flexibility Act, below). This analysis
estimated consumer surplus for three alternatives for duck hunting
regulations. As defined by the U.S. Office of Management and Budget in
Circular A-4, consumers' surplus is the difference between what a
consumer pays for a unit of a good or service and the maximum amount
the consumer would be willing to pay for that unit. The duck hunting
regulatory alternatives are (1) issue restrictive regulations allowing
fewer days than those issued during the 2021-22 season, (2) issue
moderate regulations allowing more days than those in Alternative 1,
and (3) issue liberal regulations similar to the regulations in the
2021-22 season. For the 2021-22 season, we chose Alternative 3, with an
estimated consumer surplus across all flyways of $270-$358 million with
a mid-point estimate of $314 million. We also chose Alternative 3 for
the 2009-10 through 2020-21 seasons. The 2022-23 analysis is part of
the record for this rule and is available at https://www.regulations.gov
at Docket No. FWS-HQ-MB-2021-0057.
Regulatory Flexibility Act
The annual migratory bird hunting regulations have a significant
economic impact on substantial numbers of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). An Initial
Regulatory Flexibility Analysis was prepared to analyze the economic
impacts of the annual hunting regulations on small business entities.
This analysis is updated annually. The primary source of information
about hunter expenditures for migratory game bird hunting is the
National Survey, which is generally conducted at 5-year intervals. The
2021 analysis is based on the 2016 National Survey and the U.S.
Department of Commerce's County Business Patterns, from which it is
estimated that migratory bird hunters would spend approximately $2.2
billion at small businesses in 2022. Copies of the analysis are
available upon request from the person listed above under the caption
Consolidation of Rulemaking Documents or from https://www.regulations.gov at Docket No. FWS-HQ-MB-2021-0057.
Clarity of the Rule
We are required by E.O. 12866 and 12988 and by the Presidential
Memorandum of June 1, 1998, to write all rules in plain language. This
means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
Small Business Regulatory Enforcement Fairness Act
This proposed rule is a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. For the reasons outlined
above, this rule would have an annual effect on the economy of $100
million or more. However, because this rule would establish hunting
seasons, which are time sensitive, we do not plan to defer the
effective date under the exemption contained in 5 U.S.C. 808(1).
Paperwork Reduction Act
This rule does not contain any new collection of information that
requires approval by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). OMB has
previously approved the information collection requirements associated
with migratory bird surveys and the procedures for establishing annual
migratory bird hunting seasons under the following OMB control numbers:
1018-0019, ``North American Woodcock Singing Ground
Survey'' (expires 02/29/2024).
1018-0023, ``Migratory Bird Surveys, 50 CFR 20.20''
(expires 04/30/2023). Includes Migratory Bird Harvest Information
Program, Migratory Bird Hunter Surveys, Sandhill Crane Survey, and
Parts Collection Survey.
1018-0171, ``Establishment of Annual Migratory Bird
Hunting Seasons, 50 CFR part 20'' (expires 02/29/2024).
You may view the information collection request(s) at https://www.reginfo.gov/public/do/PRAMain. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
Unfunded Mandates Reform Act
We have determined and certify, in compliance with the requirements
of the Unfunded Mandates Reform Act, 2
[[Page 48654]]
U.S.C. 1502 et seq., that this proposed rulemaking would not impose a
cost of $100 million or more in any given year on local or State
government or private entities. Therefore, this rule is not a
``significant regulatory action'' under the Unfunded Mandates Reform
Act.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this proposed rule, has determined
that this proposed rule will not unduly burden the judicial system and
that it meets the requirements of sections 3(a) and 3(b)(2) of E.O.
12988.
Takings Implication Assessment
In accordance with E.O. 12630, this proposed rule, authorized by
the Migratory Bird Treaty Act, does not have significant takings
implications and does not affect any constitutionally protected
property rights. This rule would not result in the physical occupancy
of property, the physical invasion of property, or the regulatory
taking of any property. In fact, this rule would allow hunters to
exercise otherwise unavailable privileges and, therefore, would reduce
restrictions on the use of private and public property.
Energy Effects--Executive Order 13211
E.O. 13211 requires agencies to prepare Statements of Energy
Effects when undertaking certain actions. While this proposed rule is a
significant regulatory action under E.O. 12866, it is not expected to
adversely affect energy supplies, distribution, or use. Therefore, this
action is not a significant energy action and no Statement of Energy
Effects is required.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2, we have
evaluated possible effects on Federally recognized Indian Tribes and
have determined that there are de minimis effects on Indian trust
resources. However, in this proposed rule, we solicit proposals for
special migratory bird hunting regulations for certain Tribes on
Federal Indian reservations, off-reservation trust lands, and ceded
lands for the 2022-23 migratory bird hunting season. The resulting
proposals are contained in a separate proposed rule published in spring
and final rule published in summer 2022. Through this process to
establish annual hunting regulations, we regularly coordinate with
Tribes that are affected by this rule.
Federalism Effects
Due to the migratory nature of certain species of birds, the
Federal Government has been given responsibility over these species by
the Migratory Bird Treaty Act. We annually prescribe frameworks from
which the States make selections regarding the hunting of migratory
birds, and we employ guidelines to establish special regulations on
Federal Indian reservations and ceded lands. This process preserves the
ability of the States and Tribes to determine which seasons meet their
individual needs. Any State or Tribe may be more restrictive in its
regulations than the Federal frameworks at any time. The frameworks are
developed in a cooperative process with the States and the Flyway
Councils. This process allows States to participate in the development
of frameworks from which they will make selections, thereby having an
influence on their own regulations. These rules do not have a
substantial direct effect on fiscal capacity, change the roles or
responsibilities of Federal or State governments, or intrude on State
policy or administration. Therefore, in accordance with E.O. 13132,
these regulations do not have significant federalism effects and do not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
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 2022-23
hunting season are authorized under 16 U.S.C. 703-711, 712, and 742 a-
j.
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
Proposed 2022-23 Migratory Game Bird Hunting Regulations (Preliminary)
Pending current information on populations, harvest, and habitat
conditions, and receipt of recommendations from the four Flyway
Councils, we may defer specific regulatory proposals. Due to the
coronavirus pandemic, several annual monitoring activities that provide
information used in developing regulatory recommendations have been
temporarily cancelled or otherwise impacted. We intend to follow
existing harvest management strategies to the extent possible, although
some modifications will be necessary due to the absence of status
information for 2021 for many species and populations of game birds.
Service staff are in the process of developing adjustments to the
strategies to accommodate this issue. Given the recent cancellations,
we cannot provide specific changes at this time, but will detail the
changes in subsequent rulemaking and notices published in the Federal
Register. Issues requiring early discussion, action, or the attention
of the States or Tribes are described below.
1. Ducks
Categories used to discuss issues related to duck harvest
management are: (A) General Harvest Strategy, (B) Regulatory
Alternatives, (C) Zones and Split Seasons, and (D) Special Seasons/
Species Management. Only those categories containing substantial
recommendations are discussed below.
A. General Harvest Strategy
We will continue to use adaptive harvest management (AHM) to help
determine appropriate duck-hunting regulations for the 2022-23 season.
AHM is a tool that permits sound resource decisions in the face of
uncertain regulatory impacts and provides a mechanism for reducing that
uncertainty over time. We use an AHM protocol (decision framework) to
evaluate four regulatory alternatives, each with a different expected
harvest level, and choose the optimal regulation for duck hunting based
on the status and demographics of mallards for the Mississippi,
Central, and Pacific Flyways, and based on the status and demographics
of a suite of four species (eastern waterfowl) in the Atlantic Flyway.
We have specific AHM protocols that guide appropriate bag limits and
season lengths for species of special concern, including black ducks,
scaup, and pintails, within the general duck season. These protocols
use the same outside season dates and lengths as those regulatory
alternatives for the 2022-23 general duck seasons.
For the 2022-23 hunting season, we will continue to use independent
optimizations to determine the appropriate regulatory alternative for
mallard stocks in the Mississippi, Central, and Pacific Flyways and for
eastern waterfowl in the Atlantic Flyway. This means that we will
develop regulations for mid-continent mallards, western mallards, and
eastern waterfowl independently based on the breeding stock that
contributes primarily to each Flyway. We detailed
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implementation of AHM protocols for mid-continent and western mallards
in the July 24, 2008, Federal Register (73 FR 43290), and for eastern
waterfowl in the September 21, 2018, Federal Register (83 FR 47868).
Due to the coronavirus pandemic and associated travel restrictions
and human health concerns in the United States and Canada, certain
migratory bird monitoring surveys have been cancelled in 2021. This
includes the Waterfowl Breeding Population and Habitat Survey, which
provides status information for many species of waterfowl, including
those used in our AHM protocols. Consequently, in some cases, we will
need to deviate from our AHM protocols and other decision processes to
address missing data from 2021. We will adjust our AHM protocols and
decision tools for general duck seasons and species of concern,
including pintails, scaup, black ducks, canvasbacks, and wood ducks
only to the extent necessary to inform the regulatory decisions for the
2022-23 season. For existing AHM protocols, we propose to use the
strategy for each flyway, but use the long-term data and models to
predict 2021 spring abundances of ducks and habitat conditions in place
of the spring 2021 data, which will not be available. The predicted
2021 breeding populations would be used in combination with the most
current policy matrix (e.g., breeding population and pond counts) to
develop recommendations for the 2022-23 hunting season. For other
decision support tools such as those used for canvasback and blue-
winged teal, similar to AHM protocols, we will develop statistical
predictions of the 2021 spring abundance of these species to inform
harvest regulation decisions for the 2022-23 hunting season. We will
work cooperatively with the Flyway Councils as we develop a plan for
addressing missing data in regulatory decision-making for the 2022-23
hunting season, and will post specific details about deviations from
our AHM protocols and decision support tools on our website at https://www.fws.gov/birds when they become available.
B. Regulatory Alternatives
The basic structure of the current regulatory alternatives for AHM
was adopted in 1997. In 2002, based upon recommendations from the
Flyway Councils, we extended framework dates in the ``moderate'' and
``liberal'' regulatory alternatives by changing the opening date from
the Saturday nearest October 1 to the Saturday nearest September 24,
and by changing the closing date from the Sunday nearest January 20 to
the last Sunday in January. These extended dates were made available
with no associated penalty in season length or bag limits. In 2018, we
adopted a closing duck framework date of January 31 for the
``moderate'' and ``liberal'' alternatives in the Atlantic Flyway as
part of the Atlantic Flyway's eastern waterfowl AHM protocol (83 FR
47868; September 21, 2018). We subsequently extended the framework
closing date to January 31 across all four Flyways for the 2019-20
hunting season (84 FR 16152; April 17, 2019).
More recently, the John D. Dingell, Jr. Conservation, Management,
and Recreation Act of 2019 (Pub. L. 116-9, Dingell Act) amended the
Migratory Bird Treaty Act to establish that the closing framework date
for duck seasons will be January 31, unless a flyway chooses an earlier
closing date. Thus, in 2019, as directed by the Dingell Act, we
adjusted the framework closing date under each regulatory alternative
for all four Flyways to January 31 (84 FR 42996; August 19, 2019). In
2020, we agreed to move the opening framework date to one week earlier
in the restrictive regulatory alternative for the Mississippi and
Central Flyways beginning with the 2021-22 season based on their
recommendations (85 FR 15870; March 19, 2020).
For the 2022-23 general duck season, we propose to utilize the same
regulatory alternatives that are in effect for the 2021-22 season (see
table at the end of this proposed rule for specifics of the regulatory
alternatives). Alternatives are specified for each Flyway and are
designated as ``RES'' for the restrictive, ``MOD'' for the moderate,
and ``LIB'' for the liberal alternative. We plan to finalize AHM
regulatory alternatives for the 2022-23 season in the supplemental
proposed rule, which we plan to publish by fall of 2021 (see Schedule
of Biological Information Availability, Regulations Meetings and
Federal Register Publications for the 2022-23 Hunting Season at the end
of this proposed rule for further information). We will propose a
specific regulatory alternative in or around December 2021 for each of
the Flyways to use for their 2022-23 seasons after status information
and results from analytical adjustments to strategies become available
in about late August 2021.
D. Special Seasons/Species Management
xi. Other
For the Atlantic Flyway, under the eastern waterfowl AHM protocol
for the Atlantic Flyway, the mallard bag limit is not prescribed by the
regulatory alternative but is instead based on a separate assessment of
the harvest potential of eastern mallards. We will propose a specific
mallard bag limit for the Atlantic Flyway in or around December 2021.
Also, although not part of any current harvest management strategy,
we propose to allow South Dakota and Nebraska to continue to conduct a
pilot study during the 2022-23 duck season of a two-tier regulation
system as described in the March 19, 2020, proposed rule (85 FR 15870).
This would be the second year of a planned 4-year pilot study. The
intent of the two-tier license study is to evaluate whether regulations
that relax hunters' requirement to identify duck species can improve
waterfowl hunter recruitment and retention. Declines in waterfowl
hunter numbers have been of concern to the Service and the Flyway
Councils, prompting the development of recruitment, retention, and
reactivation (R3) efforts in the conservation community. The study
would allow each person to obtain one of two license types during the
duck season. The first license type would allow a daily bag limit as
specified in the current duck regulations (six ducks), along with
attendant species and sex restrictions. The second license type would
allow a daily bag limit of only three ducks, but they could be of any
species or sex. Additional years of study would be contingent on
whether results from the first duck season (2021-22) warrant additional
investigation. Memoranda of agreements between the Service and the two
States specify the purpose of the study and the roles and
responsibilities of each party while conducting the pilot study.
2. Sea Ducks
During the April 6, 2021, SRC meeting, the Atlantic Flyway Council
recommended three changes to the special sea duck season in the
Atlantic Flyway: (1) Elimination of the special sea duck season; (2)
reduction of the sea duck daily bag limit within the regular duck
season to 4 ducks in the aggregate of which no more than 3 may be
scoters, long-tailed ducks, or eiders, and no more than 1 may be a hen
eider; and (3) retention of the exception that allows shooting of
crippled waterfowl from a boat under power in the currently defined
special sea duck areas in the Atlantic Flyway. The Atlantic Flyway
Council and SRC will again discuss and consider proposing sea duck
harvest regulations during the September 28-29, 2021, SRC meeting. Any
resultant
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recommended regulations will be included in the proposed season
frameworks published in or around December 2021 (see Schedule of
Biological Information Availability, Regulations Meetings and Federal
Register Publications for the 2022-23 Hunting Season at the end of this
proposed rule). We are announcing these possible changes to sea duck
hunting regulations in the Atlantic Flyway starting with the 2022-23
season now to allow the greatest opportunity for public review and
comment.
Special season regulations are used to provide additional hunting
opportunity for species considered to be under-utilized or to address
nuisance problems with overabundant species. We have authorized a
special sea duck season (including eiders, long-tailed duck, and
scoters) in the Atlantic Flyway since 1938. By 1973, 13 of the 17
Atlantic Flyway States allowed special seasons consisting of 107 days
with a daily bag limit of 7 sea ducks. We reduced the scoter daily bag
limit to 4 ducks in 1993. In 2016, we reduced the season length from
107 to 60 days and the daily bag limit from 6 to 5 sea ducks of which
no more than 4 may be eiders, long-tailed ducks, or scoters. The 2016
restrictions were anticipated to reduce average annual sea duck harvest
by approximately 25 percent compared to average annual harvest during
the period 2011-2015. See the March 28, 2016, Federal Register (81 FR
17305) for a discussion of the Sea Duck Harvest Potential Assessment
completed at that time.
The changes to the Atlantic Flyway sea duck regulations did not
achieve the target reduction in total sea duck harvest. Therefore, we
are considering the changes recommended by the Atlantic Flyway Council
due to the continued concern regarding the status and trends of sea
duck populations in the Atlantic Flyway, and our desire to reduce sea
duck harvest in the Atlantic Flyway below the average annual harvest
observed during 2011-2015. Regarding the Council's recommendation to
retain the regulation exception that allows shooting of crippled
waterfowl from a boat under power in the currently defined special sea
duck area, we provide that the purpose of this regulation is to protect
human safety and minimize duck crippling loss associated with hunting
ducks at sea in the Atlantic Flyway regardless of the special sea duck
season.
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[FR Doc. 2021-18742 Filed 8-30-21; 8:45 am]
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