Migratory Bird Hunting; Migratory Game Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands, 17511-17515 [2023-05959]
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Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Proposed Rules
the health care provider is located
(Method A).
(2) If there are no publicly available
rates charged by other service providers
for the same or functionally similar
services, the rural rate shall be the
median of the rates that the carrier
actually charges to non-health care
provider commercial customers for the
same or functionally similar services
provided in the rural area where the
health care provider is located (Method
B).
(3) If the telecommunications carrier
serving the health care provider is not
providing any identical or similar
services in the rural area or it reasonably
determines that the rural rate calculated
under paragraph (a)(1) or (2) of this
section would not generate a reasonably
compensatory rate, then the carrier shall
submit to a state commission, for
intrastate rates, or the Commission, for
interstate rates, a cost-based rate for the
provision of the service.
(i) The carrier must provide to the
state commission, for intrastate rates, or
the Commission, for interstate rates, a
justification of the proposed rural rate,
which must include all financial data
and other information to verify the
service provider’s assertions, including
at a minimum, the following
information:
(A) Company-wide and rural health
care service gross investment,
accumulated depreciation, deferred
state and Federal income taxes, and net
investment; capital costs by category
expressed as annual figures (e.g.,
depreciation expense, state and Federal
income tax expense, return on net
investment); operating expenses by
category (e.g., maintenance expense,
administrative and other overhead
expenses, and tax expense other than
income tax expense); the applicable
state and Federal income tax rates; fixed
charges (e.g., interest expense); and any
income tax adjustments;
(B) An explanation and a set of
detailed spreadsheets showing the
direct assignment of costs to the rural
health care service and how companywide common costs are allocated among
the company’s services, including the
rural health care service, and the result
of these direct assignments and
allocations as necessary to develop a
rate for the rural health care service;
(C) The company-wide and rural
health care service costs for the most
recent calendar year for which full-time
actual, historical cost data are available;
(D) Projections of the company-wide
and rural health care service costs for
the funding year in question and an
explanation of those projections;
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(E) Actual monthly demand data for
the rural health care service for the most
recent three calendar years (if
applicable);
(F) Projections of the monthly
demand for the rural health care service
for the funding year in question, and the
data and details on the methodology
used to make those projections;
(G) The annual revenue requirement
(capital costs and operating expenses
expressed as an annual number plus a
return on net investment) and the rate
for the funded service (annual revenue
requirement divided by annual demand
divided by twelve equals the monthly
rate for the service), assuming one rate
element for the service), based on the
projected rural health care service costs
and demands;
(H) Audited financial statements and
notes to the financial statements, if
available, and otherwise unaudited
financial statements for the most recent
three fiscal years, specifically, the cash
flow statement, income statement, and
balance sheets. Such statements shall
include information regarding costs and
revenues associated with, or used as a
starting point to develop, the rural
health care service rate; and
(I) Density characteristics of the rural
area or other relevant geographical areas
including square miles, road miles,
mountains, bodies of water, lack of
roads, remoteness, challenges and costs
associated with transporting fuel,
satellite and backhaul availability,
extreme weather conditions, challenging
topography, short construction season
or any other characteristics that
contribute to the high cost of servicing
the health care providers.
(ii) [Reserved]
(4) The carrier must provide such
information periodically thereafter as
required by the state commission, for
intrastate rates, or the Commission, for
interstate rates. In doing so, the carrier
must take into account anticipated and
actual demand for telecommunications
services by all customers who will use
the facilities over which services are
being provided to eligible health care
providers.
(b) The rural rate shall not exceed the
monthly rate in the service agreement
that the health care provider enters into
with the service provider when
requesting funding.
(c) Service providers engaged in
multi-year or evergreen contracts are
required to justify the rural rate only in
the first year of the contract.
■ 5. Amend § 54.622 by revising
paragraph (e)(1)(i) to read as follows:
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§ 54.622 Competitive bidding requirements
and exemptions.
*
*
*
*
*
(e) * * *
(1) * * *
(i) The entity seeking supported
services is a public or nonprofit health
care provider that falls within one of the
categories set forth in the definition of
health care provider listed in § 54.600,
or will be such a public or nonprofit
health care provider before the end of
the funding year for which the
supported services are requested
provided that the entity is requesting or
has received a conditional approval of
eligibility pursuant to § 54.601(c);
*
*
*
*
*
■ 6. Amend § 54.625 by revising
paragraph (c) to read as follows:
§ 54.625 Service Provider Identification
Number (SPIN) changes.
*
*
*
*
*
(c) Filing deadline. An applicant must
file its request for a corrective or
operational SPIN change with the
Administrator no later than the invoice
filing deadline as defined by § 54.627.
[FR Doc. 2023–04990 Filed 3–22–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS–HQ–MB–2022–0090;
FF09M30000–234–FXMB1231099BPP0]
RIN 1018–BF64
Migratory Bird Hunting; Migratory
Game Bird Hunting Regulations on
Certain Federal Indian Reservations
and Ceded Lands
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
As part of the rulemaking
process for the 2023–2024 season, the
U.S. Fish and Wildlife Service
(hereinafter, Service or we) proposes a
revised process for establishing special
regulations for certain Tribes on Federal
Indian reservations, off-reservation trust
lands, and ceded lands for migratory
bird hunting seasons. We are proposing
no longer to require that Tribes annually
submit a proposal to the Service for our
review and approval and no longer to
publish in the Federal Register the
annual Tribal migratory bird hunting
regulations, and instead to adopt as
regulations elements of our current
guidelines for establishing special
SUMMARY:
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Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Proposed Rules
migratory game bird hunting regulations
on Federal Indian reservations
(including off-reservation trust lands)
and ceded lands. The Service recognizes
the reserved hunting rights and
management authority of Indian Tribes.
Since the 1985–86 hunting season, we
have successfully employed guidelines
to establish special migratory game bird
hunting regulations on Federal Indian
reservations and ceded lands. We
conclude that Tribal migratory bird
harvest has been small with negligible
impact to bird population status. We
anticipate that Tribal hunting of
migratory birds will continue to have
similar negligible impacts to bird
populations in the future. By proposing
these regulations, the Service seeks to
strengthen Tribal sovereignty and to
reduce administrative burdens on both
the Tribes and the Service while
continuing to sustain healthy migratory
game bird populations for future
generations.
DATES: Submit comments by May 8,
2023.
ADDRESSES: Comment submission: You
may submit comments 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–2022–
0090.
• U.S. mail: Public Comments
Processing, Attn: FWS–HQ–MB–2022–
0090, U.S. Fish and Wildlife Service;
MS: PRB (JAO/3W); 5275 Leesburg Pike;
Falls Church, VA 22041–3803.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
Document availability: 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, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Division of Migratory Bird
Management; 5275 Leesburg Pike; Falls
Church, VA 22041–3803.
FOR FURTHER INFORMATION CONTACT:
Jerome Ford, U.S. Fish and Wildlife
Service, Department of the Interior,
5275 Leesburg Pike, MS–MB, Falls
Church, VA 22041–3803; (703) 358–
2506.
Individuals in the United States who
are deaf, deafblind, hard of hearing, or
have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access
telecommunications relay services.
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Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point of
contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
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. These
regulations must give 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)). The Secretary of the
Interior has delegated to the Service the
lead Federal responsibility for managing
and conserving migratory birds in the
United States; however, migratory bird
management is a cooperative effort of
Federal, Tribal, and State governments.
Federal regulations pertaining to
migratory bird hunting are located in
title 50 of the Code of Federal
Regulations in part 20.
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, assist in
researching and providing migratory
game bird management information for
Federal, Tribal, State, and Provincial
governments, as well as private
conservation entities and the general
public.
The Service annually develops
migratory game bird hunting
frameworks, or outside limits, for season
dates, season lengths, shooting hours,
bag and possession limits, and areas
where migratory game bird hunting may
occur (50 CFR part 20, subpart K).
Because the Service is required to take
abundance of migratory game birds and
other factors into consideration, the
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Service undertakes several surveys
throughout the year in conjunction with
Service Regional Offices, the Canadian
Wildlife Service, Tribes, and State and
Provincial wildlife management
agencies. For each annual regulatory
cycle, Service biologists gather, analyze,
and interpret biological survey data and
provide this information through a
series of published status reports and
presentations to the Flyway Councils
and other interested parties. The August
6, 2015, Federal Register at 80 FR 47388
provides a detailed overview of this
process.
The Federal frameworks are necessary
to allow harvest at levels compatible
with migratory game bird population
status and habitat conditions. 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.
On November 3, 2022, we published
proposed hunting regulations for certain
migratory game birds for the 2023–24
hunting season (87 FR 66247). In that
proposed rule, we stated that we would
handle Tribal regulations via a separate
rulemaking process in later Federal
Register documents. Accordingly, this
document begins the process for
developing migratory game bird hunting
regulations on Federal Indian
reservations (including off-reservation
trust lands) and ceded lands for the
2023–24 hunting season and beyond.
Current Tribal Rulemaking Process
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 (independent from the State
or States where the reservation is
located) 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 provide appropriate
opportunity to accommodate the
reserved hunting rights and
management authority of Indian Tribes
while also ensuring that the migratory
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Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Proposed Rules
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game bird resource receives necessary
protection. The Service adopted the
1985 guidelines as final in 1988 (53 FR
31612, August 18, 1988).
From the 1985 through 2022 hunting
seasons, as part of our preliminary
proposed rule to annually promulgate
Federal migratory bird hunting
regulations, we asked Tribes to submit
their proposed migratory bird hunting
regulations. Proposals were to include
season dates and other regulations,
methods to monitor harvest, anticipated
harvest, steps taken to limit harvest
levels, and capabilities to establish and
enforce migratory bird hunting
regulations.
Each year, upon receipt of
information on the status of migratory
bird populations and expected
migratory bird harvest provided by the
Tribes, we evaluated the potential
impact of special Tribal hunting
regulations on the migratory bird
resource. We have always concluded
that this harvest is small and, therefore,
would have a negligible impact to the
bird population status. Annually, we
published in the Federal Register the
special Tribal migratory bird hunting
regulations as a proposed rule and,
following review and consideration of
any public comments, published a final
rule setting forth these regulations.
Proposed New Process for Managing
Tribal Migratory Bird Hunting
We anticipate that Tribal hunting will
continue to have similar minimal
impact to the migratory bird resource in
the future due to declining trends in
active hunters for some Tribes and also
increasing population trends for many
migratory game birds (as identified in
the 2022 State of the Birds Report; see
state-of-the-birds-2022-spreads.pdf at
stateofthebirds.org.). Based on the
historical and future expected minimal
impacts to migratory game bird
resources, we are proposing to simplify
the process for special Tribal migratory
game bird hunting regulations for the
upcoming season (2023–2024) and
afterwards. We propose to remove the
requirement that Tribes annually submit
their proposed migratory game bird
hunting regulations (and associated
monitoring, anticipated harvest, and
capabilities for regulation development
and enforcement) for our review and
approval. We also propose no longer to
publish special Tribal migratory game
bird hunting regulations in the Federal
Register (i.e., a proposed and final rule).
We further propose to adopt as
regulations elements of our current
guidelines for establishing special
migratory game bird hunting regulations
on Federal Indian reservations
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(including off-reservation trust lands)
and ceded lands. Tribes that comply
with these regulations will be
authorized to independently establish
special Tribal migratory bird hunting
regulations.
By allowing Tribes to independently
establish special migratory bird hunting
regulations, the Service recognizes
Tribal sovereignty to exercise reserved
hunting rights and, for some Tribes,
recognition of their authority to regulate
hunting by both Tribal and nontribal
members on their reservation. As an
alternative to promulgating special
Tribal migratory game bird hunting
regulations, Tribes may choose to
observe the hunting regulations
established by the State or States in
which the reservation is located. We
have been coordinating with Tribes on
this proposed regulatory approach for
Tribal self-management of the harvest,
and we have received positive feedback
thus far. The proposed action will
reduce the annual administrative
burden on both the Tribes and the
Service to propose, review, and publish
special migratory game bird hunting
regulations while continuing to sustain
healthy migratory game bird
populations for future generations.
As with the current process, these
proposed regulations will be applicable
to those Tribes that have reserved
hunting rights on Federal Indian
reservations (including off-reservation
trust lands) and ceded lands. These
proposed regulations also may be
applied to the establishment of
migratory game bird hunting regulations
for nontribal members on all lands
within the reservations where Tribes
have full wildlife-management authority
over such hunting, or where the Tribes
and affected States otherwise have
reached agreement over hunting by
nontribal members on non-Indian lands
within the reservation. Tribes usually
have the authority to regulate migratory
game bird hunting by nonmembers on
Indian-owned reservation lands. 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 game bird hunting
by non-Indians on these lands. In those
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 migratory game bird hunting
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17513
regulations for Tribal members on ceded
lands. It is incumbent upon the Tribe
and/or the State to request consultation.
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.
In the rule portion of this document,
we have included the requirements for
Tribes to follow if they establish special
Tribal migratory bird hunting
regulations, based on elements from the
1985 guidelines. In addition, we
encourage Tribes wanting to establish
special migratory game bird hunting
regulations to consider the elements we
previously required in their proposals:
(1) Season dates and other regulations;
(2) anticipated harvest; (3) methods that
will be employed to measure or monitor
harvest; (4) steps that will be taken to
limit the level of harvest, where it could
be shown that failure to limit such
harvest would have serious impacts on
the migratory bird resource; and (5)
Tribal capabilities to establish and
enforce migratory bird hunting
regulations. We recommend that Tribes
allowing swan hunting require all swan
hunters to successfully complete a
course on swan identification and
conservation to minimize take of
trumpeter swans during the swan
season.
The proposed regulations provide 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 the 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 (memorandum of
understanding (MOU) or something
similar) on conducting short-term
(possibly several years) experimental
hunting using methods outside of the
Federal hunting methods at § 20.21 for
on-reservation hunting by Tribal
members.
The experimental hunting period by a
Tribe will provide data to the Service
for future consideration if a Tribe would
like to make the additional hunting
method permanent. Tribes should send
such requests for consultation to the
Service’s Assistant Director for the
Migratory Bird Program at least 9
months before the season or ceremony
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Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Proposed Rules
regarding hunting methods outside of
these proposed Federal regulations (see
FOR FURTHER INFORMATION CONTACT). We
intend to make any proposed MOU or
other agreement available through a
notice of availability to allow for public
comment; however, we may not use the
public process for very minor or
nonsignificant MOUs or agreements.
The Service will make all signed MOUs
or agreements public. If any individual
Tribe wishes to make these additional
experimental hunting methods
permanent and the Service agrees, the
Service will conduct rulemaking (using
any data from the experimental hunt) to
amend 50 CFR part 20 to allow Tribal
members to use these additional
hunting methods.
If this proposed rule is finalized,
starting with the 2023–2024 hunting
season, annual Tribal hunting season
regulations will no longer be published
in the Federal Register, alleviating the
administrative burden to both the
Service and the Tribes of developing
special Tribal migratory bird hunting
regulation proposals, reviewing
proposals, and publishing Tribal
regulations as Federal regulations. This
proposed process would not apply to
seasons for subsistence take of migratory
birds in Alaska.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Proposed Regulation Promulgation
Accordingly, for the reasons described
in the preamble, we propose to amend
title 50, chapter I, subchapter B, of the
Code of Federal Regulations as follows:
PART 20—MIGRATORY BIRD
HUNTING
1. The authority citation for part 20
continues to read as follows:
We invite interested persons to
submit written comments, suggestions,
or recommendations regarding the
proposed regulations for the 2023–2024
season and beyond. Before finalizing
this proposed rule, we will consider all
comments we receive. These comments,
and any additional information we
receive, may lead to final regulations
that differ from this proposal.
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. 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.
17:54 Mar 22, 2023
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
■
Public Comments
VerDate Sep<11>2014
Required Determinations
Based on our most current data, we
are affirming our required
determinations made in the November
3, 2022, proposed rule (87 FR 66247);
please see that document for
descriptions of our actions to ensure
compliance with the following statutes
and Executive Orders:
• National Environmental Policy Act;
• Endangered Species Act;
• Regulatory Flexibility Act;
• Small Business Regulatory
Enforcement Fairness Act;
• Paperwork Reduction Act of 1995;
• Unfunded Mandates Reform Act;
and
• Executive Orders 12630, 12866,
12988, 13132, 13175, 13211, and 13563.
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Authority: 16 U.S.C. 703 et seq., and 16
U.S.C. 742a–j.
2. Revise § 20.110, including the
section heading, to read as follows:
■
§ 20.110 Regulations for certain Federal
Indian reservations and ceded lands.
(a) Tribal sovereignty. The Service
recognizes Tribal sovereignty to exercise
reserved hunting rights and, for some
Tribes, recognition of their authority to
regulate hunting by both Tribal and
nontribal members on their reservation.
Accordingly, Tribes may independently
(separate from the State or States in
which the reservation is located)
establish special migratory game bird
hunting regulations. Migratory birds
may be taken if the take is consistent
with the regulations in this section and
applicable Tribal hunting regulations.
(b) Applicability. Special Tribal
migratory game bird hunting regulations
may be established by Tribes that have
reserved hunting rights on Federal
Indian reservations (including offreservation trust lands) and ceded lands.
These regulations also may be applied
to the establishment of migratory game
bird hunting regulations for nontribal
members on all lands within the
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 within
the reservation.
(c) Special regulations. Special Tribal
migratory game bird hunting regulations
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
Canada and the Government of the
United States of America 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,
and with these provisions:
(1) Tribes may establish onreservation hunting regulations, for both
Tribal and nontribal members, with
hunting seasons that may differ from
those in the State(s) in which the
reservations are located.
(i) Regulations for both Tribal and
nontribal members: Opening and
closing dates, season length, and daily
bag and possession limits for nontribal
members on the reservations must be
within the annual frameworks for
migratory bird hunting seasons
established by the Service, and all
Federal hunting regulations in this part
also apply to nontribal hunters. Tribes
may choose to set the same opening and
closing dates, season length, and daily
bag and possession limits for hunting by
Tribal members and nontribal members
on their reservations, or, in accordance
with the provisions in paragraph
(c)(1)(ii) of this section, Tribes may
choose to establish regulations for Tribal
members only.
(ii) Regulations for Tribal members
only: Tribes may establish onreservation hunting regulations by
Tribal members only, with hunting
seasons that may be outside of annual
frameworks for season dates, season
length, and daily bag and possession
limits. All Federal hunting regulations
in this part apply. For a short-term
experimental hunt, a Tribe and the
Service may formally agree on allowed
methods of take, notwithstanding the
regulations in § 20.21. The Service will
make public any such formal agreement.
(2) Tribes may establish offreservation hunting regulations by
Tribal members on ceded lands, with
hunting seasons that may be outside of
annual frameworks for season dates,
season length, and daily bag and
possession limits.
(d) Provisions for ceded lands. Tribes
that have special migratory game bird
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hunting regulations for Tribal members
on ceded lands must send a copy of the
Tribal regulations to officials in the
affected State(s) prior to the season
opening.
Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2023–05959 Filed 3–22–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
RIN 0648–BM14
Fisheries Off West Coast States;
Pelagic Species Fisheries; Amendment
20 to the Coastal Pelagic Species
Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of an
amendment to a fishery management
plan; request for comments.
AGENCY:
NMFS announces that the
Pacific Fishery Management Council
(Council) has submitted Amendment 20
to the Coastal Pelagic Species (CPS)
Fishery Management Plan (FMP) for
review by the Secretary of Commerce.
The intent of Amendment 20 is to
improve clarity in the management
framework for CPS stocks. This action is
administrative in nature and does not
change management for CPS stocks, just
certain nomenclature in the FMP. This
proposed Amendment is intended to
promote the goals and objectives of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the CPS FMP,
and other applicable laws.
DATES: Comments on the proposed rule
must be received by May 22, 2023 to be
considered in the decision whether to
approve, disapprove, or partially
approve Amendment 20.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2023–0035, by the following
method:
• Electronic Submissions: Submit all
electronic public comments via the
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
17:54 Mar 22, 2023
Jkt 259001
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2023–0035 in the Search
box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: Comments must be
submitted by the above method to
ensure that the comments are received,
documented, and considered by NMFS.
Comments sent by any other method, to
any other address or individual, or
received after the end of the comment
period, may not be considered. All
comments received are a part of the
public record and will generally be
posted for public viewing on https://
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Copies of the draft Amendment 20
and other supporting documents are
available via the Federal eRulemaking
Portal: https://www.regulations.gov,
docket NOAA–NMFS–2023–0035.
FOR FURTHER INFORMATION CONTACT:
Taylor Debevec at (562) 980–4066 or
taylor.debevec@noaa.gov.
SUPPLEMENTARY INFORMATION: The CPS
FMP has used the terms ‘‘Active’’ and
‘‘Monitored’’ since Amendment 8 to the
FMP to categorize how the various CPS
stocks are managed and to direct
management and research efforts where
they were most needed. However, in
2018 the Council initiated an effort to
address a perceived lack of clarity
regarding the meaning and use of these
terms. The Council directed its CPS
Management Team to explore ways to
remove the naming distinction of
management categories, while
maintaining existing management. The
Council subsequently considered the
issue at its June 2019 and November
2021 meetings, with final action taking
place at its April 2022 meeting.
Amendment 20 to the CPS FMP
would remove ‘‘Active’’ and
‘‘Monitored’’ terms from the FMP and
incorporate additional modifications in
place of those terms to ensure flow and
readability of the FMP. The proposed
PO 00000
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17515
changes to the CPS FMP are described
in further detail below.
In Section 1.1 of the FMP, a
description of Amendment 20 would be
added to the list of amendments to the
FMP.
In Section 1.3, the title would be
changed to remove reference to
categories and the categorical terms, and
category descriptions would be removed
and replaced with generalized
descriptions of how CPS stocks are
managed. Additional details would be
added to distinguish krill from these
categorical descriptions as fishing for
krill is prohibited.
In section 1.5, the definitions for
‘‘Actively Managed Species’’ and
‘‘Monitored Species’’ would be removed
and the definition of ‘‘Prohibited
Harvest Species’’ would be updated to
further distinguish it from categorical
management.
In section 2.1.2, a reference example
regarding switching a ‘‘monitored
species’’ to an ‘‘actively managed
species’’ would be removed.
In sections 4.6 and 4.6.1, the harvest
control rules would remain unchanged,
but instead of being associated with
‘‘active’’ and ‘‘monitored’’ categories,
there would be new descriptions for the
types of species for which each harvest
control rule is best suited.
In section 4.6.4, ‘‘Monitored Stocks’’
would be removed from the title and
replaced with the individual names to
which ‘‘monitored stocks’’ referred:
northern anchovy, jack mackerel, and
market squid.
There would be additional minor
changes scattered in chapters 1 and 4,
and no changes to chapters 3 and 5.
All comments received by the end of
the comment period on the Amendment
(see DATES and ADDRESSES above) will
be considered in the Secretary’s
decision to approve, disapprove, or
partially approve this Amendment. To
be considered in this decision,
comments must be received by close of
business on the last day of the comment
period; that does not mean postmarked
or otherwise transmitted by that date.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 17, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–05885 Filed 3–22–23; 8:45 am]
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[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Proposed Rules]
[Pages 17511-17515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05959]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2022-0090; FF09M30000-234-FXMB1231099BPP0]
RIN 1018-BF64
Migratory Bird Hunting; Migratory Game Bird Hunting Regulations
on Certain Federal Indian Reservations and Ceded Lands
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: As part of the rulemaking process for the 2023-2024 season,
the U.S. Fish and Wildlife Service (hereinafter, Service or we)
proposes a revised process for establishing special regulations for
certain Tribes on Federal Indian reservations, off-reservation trust
lands, and ceded lands for migratory bird hunting seasons. We are
proposing no longer to require that Tribes annually submit a proposal
to the Service for our review and approval and no longer to publish in
the Federal Register the annual Tribal migratory bird hunting
regulations, and instead to adopt as regulations elements of our
current guidelines for establishing special
[[Page 17512]]
migratory game bird hunting regulations on Federal Indian reservations
(including off-reservation trust lands) and ceded lands. The Service
recognizes the reserved hunting rights and management authority of
Indian Tribes. Since the 1985-86 hunting season, we have successfully
employed guidelines to establish special migratory game bird hunting
regulations on Federal Indian reservations and ceded lands. We conclude
that Tribal migratory bird harvest has been small with negligible
impact to bird population status. We anticipate that Tribal hunting of
migratory birds will continue to have similar negligible impacts to
bird populations in the future. By proposing these regulations, the
Service seeks to strengthen Tribal sovereignty and to reduce
administrative burdens on both the Tribes and the Service while
continuing to sustain healthy migratory game bird populations for
future generations.
DATES: Submit comments by May 8, 2023.
ADDRESSES: Comment submission: You may submit comments 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-2022-0090.
U.S. mail: Public Comments Processing, Attn: FWS-HQ-MB-
2022-0090, U.S. Fish and Wildlife Service; MS: PRB (JAO/3W); 5275
Leesburg Pike; Falls Church, VA 22041-3803.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Comments, below, for more information).
Document availability: 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,
or by appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Division of Migratory Bird Management; 5275 Leesburg
Pike; Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Jerome Ford, U.S. Fish and Wildlife
Service, Department of the Interior, 5275 Leesburg Pike, MS-MB, Falls
Church, VA 22041-3803; (703) 358-2506.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point of contact in
the United States.
SUPPLEMENTARY INFORMATION:
Background
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. These
regulations must give 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)). The
Secretary of the Interior has delegated to the Service the lead Federal
responsibility for managing and conserving migratory birds in the
United States; however, migratory bird management is a cooperative
effort of Federal, Tribal, and State governments. Federal regulations
pertaining to migratory bird hunting are located in title 50 of the
Code of Federal Regulations in part 20.
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,
assist in researching and providing migratory game bird management
information for Federal, Tribal, State, and Provincial governments, as
well as private conservation entities and the general public.
The Service annually develops migratory game bird hunting
frameworks, or outside limits, for season dates, season lengths,
shooting hours, bag and possession limits, and areas where migratory
game bird hunting may occur (50 CFR part 20, subpart K). Because the
Service is required to take abundance of migratory game birds and other
factors into consideration, the Service undertakes several surveys
throughout the year in conjunction with Service Regional Offices, the
Canadian Wildlife Service, Tribes, and State and Provincial wildlife
management agencies. For each annual regulatory cycle, Service
biologists gather, analyze, and interpret biological survey data and
provide this information through a series of published status reports
and presentations to the Flyway Councils and other interested parties.
The August 6, 2015, Federal Register at 80 FR 47388 provides a detailed
overview of this process.
The Federal frameworks are necessary to allow harvest at levels
compatible with migratory game bird population status and habitat
conditions. 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.
On November 3, 2022, we published proposed hunting regulations for
certain migratory game birds for the 2023-24 hunting season (87 FR
66247). In that proposed rule, we stated that we would handle Tribal
regulations via a separate rulemaking process in later Federal Register
documents. Accordingly, this document begins the process for developing
migratory game bird hunting regulations on Federal Indian reservations
(including off-reservation trust lands) and ceded lands for the 2023-24
hunting season and beyond.
Current Tribal Rulemaking Process
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
(independent from the State or States where the reservation is located)
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 provide appropriate opportunity to accommodate the reserved
hunting rights and management authority of Indian Tribes while also
ensuring that the migratory
[[Page 17513]]
game bird resource receives necessary protection. The Service adopted
the 1985 guidelines as final in 1988 (53 FR 31612, August 18, 1988).
From the 1985 through 2022 hunting seasons, as part of our
preliminary proposed rule to annually promulgate Federal migratory bird
hunting regulations, we asked Tribes to submit their proposed migratory
bird hunting regulations. Proposals were to include season dates and
other regulations, methods to monitor harvest, anticipated harvest,
steps taken to limit harvest levels, and capabilities to establish and
enforce migratory bird hunting regulations.
Each year, upon receipt of information on the status of migratory
bird populations and expected migratory bird harvest provided by the
Tribes, we evaluated the potential impact of special Tribal hunting
regulations on the migratory bird resource. We have always concluded
that this harvest is small and, therefore, would have a negligible
impact to the bird population status. Annually, we published in the
Federal Register the special Tribal migratory bird hunting regulations
as a proposed rule and, following review and consideration of any
public comments, published a final rule setting forth these
regulations.
Proposed New Process for Managing Tribal Migratory Bird Hunting
We anticipate that Tribal hunting will continue to have similar
minimal impact to the migratory bird resource in the future due to
declining trends in active hunters for some Tribes and also increasing
population trends for many migratory game birds (as identified in the
2022 State of the Birds Report; see state-of-the-birds-2022-spreads.pdf
at stateofthebirds.org.). Based on the historical and future expected
minimal impacts to migratory game bird resources, we are proposing to
simplify the process for special Tribal migratory game bird hunting
regulations for the upcoming season (2023-2024) and afterwards. We
propose to remove the requirement that Tribes annually submit their
proposed migratory game bird hunting regulations (and associated
monitoring, anticipated harvest, and capabilities for regulation
development and enforcement) for our review and approval. We also
propose no longer to publish special Tribal migratory game bird hunting
regulations in the Federal Register (i.e., a proposed and final rule).
We further propose to adopt as regulations elements of our current
guidelines for establishing special migratory game bird hunting
regulations on Federal Indian reservations (including off-reservation
trust lands) and ceded lands. Tribes that comply with these regulations
will be authorized to independently establish special Tribal migratory
bird hunting regulations.
By allowing Tribes to independently establish special migratory
bird hunting regulations, the Service recognizes Tribal sovereignty to
exercise reserved hunting rights and, for some Tribes, recognition of
their authority to regulate hunting by both Tribal and nontribal
members on their reservation. As an alternative to promulgating special
Tribal migratory game bird hunting regulations, Tribes may choose to
observe the hunting regulations established by the State or States in
which the reservation is located. We have been coordinating with Tribes
on this proposed regulatory approach for Tribal self-management of the
harvest, and we have received positive feedback thus far. The proposed
action will reduce the annual administrative burden on both the Tribes
and the Service to propose, review, and publish special migratory game
bird hunting regulations while continuing to sustain healthy migratory
game bird populations for future generations.
As with the current process, these proposed regulations will be
applicable to those Tribes that have reserved hunting rights on Federal
Indian reservations (including off-reservation trust lands) and ceded
lands. These proposed regulations also may be applied to the
establishment of migratory game bird hunting regulations for nontribal
members on all lands within the reservations where Tribes have full
wildlife-management authority over such hunting, or where the Tribes
and affected States otherwise have reached agreement over hunting by
nontribal members on non-Indian lands within the reservation. Tribes
usually have the authority to regulate migratory game bird hunting by
nonmembers on Indian-owned reservation lands. 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 game bird
hunting by non-Indians on these lands. In those 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 migratory game bird hunting
regulations for Tribal members on ceded lands. It is incumbent upon the
Tribe and/or the State to request consultation. 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.
In the rule portion of this document, we have included the
requirements for Tribes to follow if they establish special Tribal
migratory bird hunting regulations, based on elements from the 1985
guidelines. In addition, we encourage Tribes wanting to establish
special migratory game bird hunting regulations to consider the
elements we previously required in their proposals: (1) Season dates
and other regulations; (2) anticipated harvest; (3) methods that will
be employed to measure or monitor harvest; (4) steps that will be taken
to limit the level of harvest, where it could be shown that failure to
limit such harvest would have serious impacts on the migratory bird
resource; and (5) Tribal capabilities to establish and enforce
migratory bird hunting regulations. We recommend that Tribes allowing
swan hunting require all swan hunters to successfully complete a course
on swan identification and conservation to minimize take of trumpeter
swans during the swan season.
The proposed regulations provide 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 the
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 (memorandum of
understanding (MOU) or something similar) on conducting short-term
(possibly several years) experimental hunting using methods outside of
the Federal hunting methods at Sec. 20.21 for on-reservation hunting
by Tribal members.
The experimental hunting period by a Tribe will provide data to the
Service for future consideration if a Tribe would like to make the
additional hunting method permanent. Tribes should send such requests
for consultation to the Service's Assistant Director for the Migratory
Bird Program at least 9 months before the season or ceremony
[[Page 17514]]
regarding hunting methods outside of these proposed Federal regulations
(see FOR FURTHER INFORMATION CONTACT). We intend to make any proposed
MOU or other agreement available through a notice of availability to
allow for public comment; however, we may not use the public process
for very minor or nonsignificant MOUs or agreements. The Service will
make all signed MOUs or agreements public. If any individual Tribe
wishes to make these additional experimental hunting methods permanent
and the Service agrees, the Service will conduct rulemaking (using any
data from the experimental hunt) to amend 50 CFR part 20 to allow
Tribal members to use these additional hunting methods.
If this proposed rule is finalized, starting with the 2023-2024
hunting season, annual Tribal hunting season regulations will no longer
be published in the Federal Register, alleviating the administrative
burden to both the Service and the Tribes of developing special Tribal
migratory bird hunting regulation proposals, reviewing proposals, and
publishing Tribal regulations as Federal regulations. This proposed
process would not apply to seasons for subsistence take of migratory
birds in Alaska.
Public Comments
We invite interested persons to submit written comments,
suggestions, or recommendations regarding the proposed regulations for
the 2023-2024 season and beyond. Before finalizing this proposed rule,
we will consider all comments we receive. These comments, and any
additional information we receive, may lead to final regulations that
differ from this proposal.
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. 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.
Required Determinations
Based on our most current data, we are affirming our required
determinations made in the November 3, 2022, proposed rule (87 FR
66247); please see that document for descriptions of our actions to
ensure compliance with the following statutes and Executive Orders:
National Environmental Policy Act;
Endangered Species Act;
Regulatory Flexibility Act;
Small Business Regulatory Enforcement Fairness Act;
Paperwork Reduction Act of 1995;
Unfunded Mandates Reform Act; and
Executive Orders 12630, 12866, 12988, 13132, 13175, 13211,
and 13563.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Proposed Regulation Promulgation
Accordingly, for the reasons described in the preamble, we propose
to amend title 50, chapter I, subchapter B, of the Code of Federal
Regulations as follows:
PART 20--MIGRATORY BIRD HUNTING
0
1. The authority citation for part 20 continues to read as follows:
Authority: 16 U.S.C. 703 et seq., and 16 U.S.C. 742a-j.
0
2. Revise Sec. 20.110, including the section heading, to read as
follows:
Sec. 20.110 Regulations for certain Federal Indian reservations and
ceded lands.
(a) Tribal sovereignty. The Service recognizes Tribal sovereignty
to exercise reserved hunting rights and, for some Tribes, recognition
of their authority to regulate hunting by both Tribal and nontribal
members on their reservation. Accordingly, Tribes may independently
(separate from the State or States in which the reservation is located)
establish special migratory game bird hunting regulations. Migratory
birds may be taken if the take is consistent with the regulations in
this section and applicable Tribal hunting regulations.
(b) Applicability. Special Tribal migratory game bird hunting
regulations may be established by Tribes that have reserved hunting
rights on Federal Indian reservations (including off-reservation trust
lands) and ceded lands. These regulations also may be applied to the
establishment of migratory game bird hunting regulations for nontribal
members on all lands within the reservations where Tribes have full
wildlife-management authority over such hunting, or where the Tribes
and affected States otherwise have reached agreement over hunting by
nontribal members on non-Indian lands within the reservation.
(c) Special regulations. Special Tribal migratory game bird hunting
regulations 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 Canada and the
Government of the United States of America 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, and with
these provisions:
(1) Tribes may establish on-reservation hunting regulations, for
both Tribal and nontribal members, with hunting seasons that may differ
from those in the State(s) in which the reservations are located.
(i) Regulations for both Tribal and nontribal members: Opening and
closing dates, season length, and daily bag and possession limits for
nontribal members on the reservations must be within the annual
frameworks for migratory bird hunting seasons established by the
Service, and all Federal hunting regulations in this part also apply to
nontribal hunters. Tribes may choose to set the same opening and
closing dates, season length, and daily bag and possession limits for
hunting by Tribal members and nontribal members on their reservations,
or, in accordance with the provisions in paragraph (c)(1)(ii) of this
section, Tribes may choose to establish regulations for Tribal members
only.
(ii) Regulations for Tribal members only: Tribes may establish on-
reservation hunting regulations by Tribal members only, with hunting
seasons that may be outside of annual frameworks for season dates,
season length, and daily bag and possession limits. All Federal hunting
regulations in this part apply. For a short-term experimental hunt, a
Tribe and the Service may formally agree on allowed methods of take,
notwithstanding the regulations in Sec. 20.21. The Service will make
public any such formal agreement.
(2) Tribes may establish off-reservation hunting regulations by
Tribal members on ceded lands, with hunting seasons that may be outside
of annual frameworks for season dates, season length, and daily bag and
possession limits.
(d) Provisions for ceded lands. Tribes that have special migratory
game bird
[[Page 17515]]
hunting regulations for Tribal members on ceded lands must send a copy
of the Tribal regulations to officials in the affected State(s) prior
to the season opening.
Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2023-05959 Filed 3-22-23; 8:45 am]
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