Agency Information Collection Activities; Submission to the Office of Management and Budget; Establishment of Annual Migratory Bird Hunting Seasons, 17869-17872 [2024-05188]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Pages 17869-17872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05188]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-MB-2024-N005; FXMB1231099BPP0-245-FF09M32000; OMB Control 
Number 1018-0171]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget; Establishment of Annual Migratory Bird 
Hunting Seasons

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the U.S. Fish and Wildlife Service (Service), are proposing to revise a 
currently approved information collection.

DATES: Interested persons are invited to submit comments on or before 
April 11, 2024.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be submitted within 30 days of 
publication of this notice at https://www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under Review--Open for Public Comments'' or by using the 
search function. Please provide a copy of your comments to the Service 
Information Collection Clearance Officer, U.S. Fish and

[[Page 17870]]

Wildlife Service, MS: PRB (JAO/3W), 5275 Leesburg Pike, Falls Church, 
VA 22041-3803 (mail); or by email to [email protected]. Please 
reference ``1018-0171'' in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this information collection request (ICR), contact Madonna L. 
Baucum, Service Information Collection Clearance Officer, by email at 
[email protected], or by telephone at (703) 358-2503. 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: In accordance with the Paperwork Reduction 
Act of 1995 and 5 CFR 1320.8(d)(1), we provide the general public and 
other Federal agencies with an opportunity to comment on new, proposed, 
revised, and continuing collections of information. This helps us 
assess the impact of our information collection requirements and 
minimize the public's reporting burden. It also helps the public 
understand our information collection requirements and provide the 
requested data in the desired format.
    On November 20, 2023, we published in the Federal Register (88 FR 
80745) a notice of our intent to request that OMB approve this 
information collection. In that notice, we solicited comments for 60 
days, ending on January 19, 2024. In an effort to increase public 
awareness of, and participation in, our public commenting processes 
associated with information collection requests, the Service also 
published the Federal Register notice on Regulations.gov (Docket No. 
FWS-HQ-MB-2023-0211), to provide the public with an additional method 
to submit comments (in addition to the typical U.S. mail submission 
methods). We received two comments in response to that notice which did 
not address the information collection requirements. No response to 
those comments is required.
    In addition to soliciting public comments on the information 
collection requirements in the Federal Register notice, we consult 
annually with State and Tribal governments annually and on an ongoing 
basis throughout the rulemaking process. The Service publishes a series 
of proposed and final rulemaking documents for the establishment of the 
upcoming annual hunting seasons. Follow-up Federal Register 
publications discuss and propose the frameworks for the upcoming season 
migratory bird hunting regulations. Comments and recommendations are 
summarized and published as part of a follow-on proposed rule.
    In addition, we also conduct consultation and outreach as part of 
this process through the involvement of the flyway councils. 
Acknowledging regional differences in hunting conditions, the Service 
has administratively divided the Nation 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 
and Province in that 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.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, we are again soliciting comments from the public and other 
Federal agencies on the proposed ICR that is described below. We are 
especially interested in public comment addressing the following:
    (1) Whether or not the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information, including the validity of the methodology and 
assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) How might the agency minimize the burden of the collection of 
information on those who are to respond, including through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of response.
    Comments that you submit in response to this notice are a matter of 
public record. 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 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.
    Abstract: 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 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 
State, Tribal, and Federal governments. Migratory game 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.
    The Service 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. Acknowledging regional 
differences in hunting conditions, the Service has administratively 
divided the Nation 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 and in that 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, provincial, and 
Tribal governments, as well as private conservation entities and the 
general public.
    The information identified below, solicited annually from State 
(including

[[Page 17871]]

U.S. territory) governments, is necessary to establish annual migratory 
bird hunting seasons. The required information, received at various 
times in the year prior to the actual hunting season as part of the 
rulemaking process described above, is used by the Service as part of 
the final rulemaking process necessary to open annual hunting seasons 
otherwise closed by law.
    1. Information Requested from States and U.S. Territories to 
Establish Annual Migratory Bird Hunting Seasons--State and U.S. 
territory governments that wish to establish annual migratory game bird 
hunting seasons are required to provide the requested dates and other 
details for hunting seasons in their respective States or Territories. 
The information is provided to the Service in a non-form format, 
usually via letter or spreadsheet, in response to solicitations for the 
information sent to the State governments each year via an emailed 
letter and as part of the first final rule (for the frameworks).
    2. Reports (50 CFR part 20)--The following reports are requested 
from the States and are submitted either annually or every 3 years as 
explained in the following text. (Note: Below, we have annotated 
changes, if any, to the reporting requirements since OMB's last 
approval.)
    a. Reports from Experimental Hunting Seasons and Season Structure 
Changes (Required):
    i. Atlantic Flyway Council:
     Delaware--Experimental tundra swan season (yearly updates 
and final report). (Removed--completed.)
     Connecticut, Maryland, North Carolina, and Virginia--
Evaluation of the two zone and three segment duck season zone-split 
configuration, including impacts on hunter dynamics (e.g., hunter 
numbers, satisfaction) and harvest during the 2021-25 seasons (final 
report for each State). (New.)
    ii. Mississippi Flyway Council:
     Alabama--Experimental sandhill crane season (yearly 
updates and final report). (Removed--completed.)
     Minnesota--Experimental early teal season (yearly updates 
and final report).
     Louisiana--Evaluation of the two zone and three segment 
duck season zone-split configuration, including impacts on hunter 
dynamics (e.g., hunter numbers, satisfaction) and harvest during the 
2021-25 seasons (final report). (New.)
    iii. Central Flyway Council:
     New Mexico--Sandhill crane season in Estancia Valley 
(yearly updates and final report). Now operational--Annual data are 
still required, but there is not a final report, since this monitoring 
will occur in perpetuity (or as long as the State has that hunt area). 
(Removed--experiment completed; moved to State-specific, below.)
     South Dakota and Nebraska--Experimental two-tier hunting 
regulations study per the terms of the study plan and memorandum of 
agreement among these States and the Service (yearly updates and final 
report).
     Wyoming--Split (three-way) season for Canada geese (final 
report only). (Removed--completed.)
    iv. Pacific Flyway Council:
     California--Split (three-way) season for white-fronted 
geese (final report only). (Removed--completed.)
     Idaho--Experimental swan season (yearly updates and final 
report). (Removed--completed.)
    v. Additional State-Specific Annual Reports:
     Arizona--Sandhill crane season harvest and subspecies 
composition (3-year intervals).
     New Mexico--Sandhill crane season harvest and subspecies 
composition in Estancia Valley (yearly). (Revised--relocated from 
Central Flyway Council experimental reports above.)
     Delaware, North Carolina, and Virginia--Tundra swan season 
hunter participation and harvest (yearly). (Revised to add Delaware.)
     Montana (Central Flyway portion), North Dakota, and South 
Dakota--Tundra swan season hunter participation and harvest (yearly). 
(Revised--relocated Montana and South Dakota to separate bullet, 
below.)
     Montana (Central Flyway portion) and South Dakota--Swan 
season hunter participation, harvest, species composition, and hunter 
compliance rates in providing species-determinant parts or bill 
measurements of harvested swans for species identification (yearly). 
(Revised.)
     Idaho, Montana (Pacific Flyway Portion), Utah, and 
Nevada--Swan season hunter participation, harvest, species composition, 
and hunter compliance rates in providing species-determinant parts or 
bill measurements of harvested swans for species identification 
(yearly). (Revised to add Idaho and Montana.)
    Reports and monitoring are used for a variety of reasons. Some are 
used to monitor species composition of the harvest for those areas 
where species intermingling can confound harvest management, and 
potential overharvest of one species can be of management concern. 
Others are used to determine overall harvest for those species and/or 
areas that are not sampled well by our overall harvest surveys due to 
either the limited nature/area of the hunt or season, or where the 
harvest requires close monitoring. Experimental season reports are used 
to determine whether the experimental season is achieving its intended 
goals and objectives, without causing unintended harm to other species 
and ultimately whether the experimental season should proceed to 
operational status. Most experimental seasons are 3-year trials with 
yearly reports and a final report. Most of the other reports and 
monitoring are conducted either annually or at 3-year intervals.

Proposed Revisions

    1. (REVISION) Submissions of Tribal Proposals--Under the 
regulations in the Service's September 1, 2023, final rule (RIN 1018-
BF64; 88 FR 60375), we removed 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 will no longer publish special Tribal migratory game bird hunting 
regulations in the Federal Register (i.e., a proposed and final rule). 
The regulations set forth in the September 1, 2023, final rule adopted 
elements of our guidelines in use since 1985 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. However, 
if circumstances change and data indicates migratory game bird 
populations are substantially declining or Tribal hunting increases 
significantly, we will reevaluate the regulations at 50 CFR 20.110.
    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, recognizes 
Tribal authority to regulate hunting by both Tribal and non-Tribal 
members on their reservations. The September 1, 2023, final rule 
extended to Tribes with reserved hunting rights the same autonomy as 
the States to independently establish migratory game bird hunting 
seasons for non-Tribal members within annually established, 
biologically appropriate Federal outside limits. 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

[[Page 17872]]

which the reservations are located. We coordinated with Tribes over the 
past 2 years via letters and four webinars as we developed this new 
regulatory approach for Tribal self- management of the harvest, and we 
have received positive feedback. The new system 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.
    2. (NEW) Requests for Consultation (Tribes/States)--The new 
regulations in the final rule (88 FR 60375, September 1, 2023) also may 
be applied to the establishment of migratory game bird hunting 
regulations for non-Tribal 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 
agreements over hunting by non-Tribal 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. Tribal and State requests for 
consultation with the Service should be sent to the Service's Assistant 
Director for the Migratory Bird Program. We note that our guidance on 
resolving issues of concern between Tribes and States on reservations 
and ceded lands is the same guidance we provided under the previous 
Tribal regulation process.
    3. (NEW) Requests for Experimental Seasons (Tribes)--We will 
continue to consult with Tribes that wish to reach a mutual agreement 
(memorandum of understanding (MOU) or similar type of formal agreement) 
on conducting short-term (possibly several years) experimental hunting 
seasons using methods outside of the Federal hunting methods at 50 CFR 
20.21 for on-reservation and ceded lands hunting by Tribal members. The 
Tribal-member-only experimental hunting season would provide data and 
evaluation criteria specified in an agreement for consideration if a 
Tribe would like to make the additional hunting method operational. 
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 regarding hunting methods outside of the 
Federal regulations.
    If any individual Tribe wishes to make these additional 
experimental hunting methods operational and the Service agrees, the 
Service will conduct rulemaking (using any data from the experimental 
hunting season) to amend 50 CFR part 20 to allow Tribal members to use 
these additional hunting methods.
    Starting with the 2023-24 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 process will not apply to seasons for 
subsistence take of migratory birds in Alaska.
    Title of Collection: Establishment of Annual Migratory Bird Hunting 
Seasons, 50 CFR part 20.
    OMB Control Number: 1018-0171.
    Form Numbers: None.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Public: State and Tribal governments.
    Total Estimated Number of Annual Respondents: 52 (from State 
governments and Territories).
    Total Estimated Number of Annual Responses: 78 (from 52 State and 
U.S. Territories, as well as 26 additional reports).
    Estimated Completion Time per Response: Varies from 1 hour to 650 
hours, depending on activity.
    Total Estimated Number of Annual Burden Hours: 11,423.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: Annually.
    Total Estimated Annual Non-hour Burden Cost: None.
    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.
    The authority for this action is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).

Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service.
[FR Doc. 2024-05188 Filed 3-11-24; 8:45 am]
BILLING CODE 4333-15-P