[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Proposed Rules]
[Pages 55120-55129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22151]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-HQ-MB-2019-0004; FF09M21200-189-FXMB1231099BPP0]
RIN 1018-BD89
Migratory Bird Hunting; Proposed 2020-21 Migratory Game Bird
Hunting Regulations (Preliminary) With Requests for Indian Tribal
Proposals; Notice of Meetings
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; availability of supplemental information.
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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service or
we) proposes to establish annual hunting regulations for certain
migratory game birds for the 2020-21 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)
meetings, describes the proposed regulatory
[[Page 55121]]
alternatives for the 2020-21 duck hunting seasons, 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 harvest strategy and
the proposed regulatory alternatives for the 2020-21 season until
November 15, 2019. Following subsequent Federal Register documents, you
will be given an opportunity to submit comments on the proposed
frameworks by January 15, 2020. Tribes must submit proposals and
related comments on or before December 1, 2019.
Meetings: The SRC will conduct a meeting on October 8-9, 2019, to
consider and develop proposed regulations for the 2020-21 migratory
game bird hunting seasons. Meetings on both days are open to the public
and will commence at approximately 8:00 a.m.
ADDRESSES: You may submit comments on the proposals by one of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments on Docket No. FWS-HQ-
MB-2019-0004.
U.S. Mail or Hand-Delivery: Public Comments Processing,
Attn: FWS-HQ-MB-2019-0004; Division of Policy, Performance, and
Management Programs; U.S. Fish and Wildlife Service, MS: BPHC; 5275
Leesburg Pike, Falls Church, VA 22041.
We will not accept emailed or faxed comments. We will post all
comments on http://www.regulations.gov. This generally means that your
entire submission--including any personal identifying information--will
be posted on the website. See the Public Comments section, below, for
more information.
Meetings: The October 8-9, 2019, SRC meeting will be at the U.S.
Fish and Wildlife Service, 5600 American Boulevard, Bloomington, MN
55437.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel at: Division of Migratory
Bird Management, U.S. Fish and Wildlife Service, Department of the
Interior, MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041; (703)
358-1714.
SUPPLEMENTARY INFORMATION:
Process for the Annual Migratory Game Bird Hunting Regulations
Beginning in the summer of 2015, with the development of the 2016-
17 hunting seasons, we now make decisions for migratory bird harvest
management based on predictions derived from long-term biological
information and established harvest strategies. Under this process, we
develop proposed hunting season frameworks for a given year in the fall
of the prior year. We then finalize those frameworks a few months
later, thereby enabling the State agencies to select and publish their
season dates in early summer. This proposed rule is the first in a
series of proposed and final rulemaking documents for the establishment
of the 2020-21 hunting seasons.
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 * * * 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'' and are updated annually (16 U.S.C. 704(a)). 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 game bird management is a cooperative effort
of State, Tribal, and Federal governments.
The Service develops migratory game bird hunting regulations by
establishing the frameworks, or outside limits, for season lengths, bag
limits, and areas for migratory game bird hunting. 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.
The process for adopting migratory game bird hunting regulations,
located in title 50 of the Code of Federal Regulations (CFR) at 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 for season
lengths, bag limits, and areas for migratory game bird hunting, States
may select season dates, bag limits, and other regulatory options for
the hunting seasons. 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 23, 2019, to discuss
preliminary issues for the 2020-21 regulations, and will conduct
another meeting on October 8-9, 2019 to review information on the
current status of migratory game birds and develop 2020-21 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 55122]]
Notice of Intent To Establish Open Seasons
This document announces our intent to establish open hunting
seasons and daily bag and possession limits for certain designated
groups or species of migratory game birds for 2020-21 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 2020-21 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, moorhens, and
gallinules); and Scolopacidae (woodcock and snipe). We describe these
proposals under Proposed 2020-21 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 (see June
4, 2018, Federal Register (83 FR 25738) for the latest definitions and
descriptions).
Regulatory Schedule for 2020-21
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 2020-21
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. September Teal Seasons
ii. September Teal/Wood Duck Seasons
iii. Eastern Mallards
iv. Black Ducks
v. Canvasbacks
vi. Pintails
vii. Scaup
viii. Mottled Ducks
ix. Wood Ducks
x. Youth Hunt
xi. Mallard Management Units
xii. 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. Moorhens and 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
Later sections of this and subsequent documents will refer only to
numbered items requiring your attention. Therefore, it is important to
note that we will omit those items requiring no attention, so remaining
numbered items will be discontinuous, making the list appear
incomplete.
The proposed regulatory alternatives for the 2020-21 duck hunting
seasons are contained at the end of this document. We plan to publish
final duck regulatory alternatives and proposed season frameworks in
mid-December 2019. We plan to publish final season frameworks in late
February 2020.
Review of Public Comments
This proposed rulemaking contains the proposed regulatory
alternatives for the 2020-21 duck hunting seasons. This proposed
rulemaking also describes other recommended changes or specific
preliminary proposals that vary from the 2019-20 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 2020-21 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:
Tina Chouinard, U.S. Fish and Wildlife Service, 606 Browns Church Road,
Jackson, TN 38305; 731-432-0981; [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
(Convention). 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
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
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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 do not oppose 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. Tribes should
not view the guidelines as inflexible. 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 2020-21 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 it could be shown that failure
to limit tribal harvest could seriously impact the migratory game bird
resource, we also request information on the methods employed to
monitor harvest and any potential steps taken to limit level of
harvest. 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 and possession limits and season length for migratory game
birds that Federal regulations are likely to permit 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, Indian tribes that desire special
migratory game bird hunting regulations for the 2020-21 hunting season
should submit their proposals no later than December 1, 2019. 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 proposals.
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 hand-delivered comments that we do not
receive, or mailed comments that are not postmarked, by the date
specified in DATES. We will post all comments in their entirety--
including your personal identifying information--on http://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 http://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.
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 2019-
20,'' with its corresponding April 2019 finding of no significant
impact. In addition, an August 1985 environmental assessment entitled
``Guidelines for Migratory Bird Hunting Regulations on
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Federal Indian Reservations and Ceded Lands'' is available from the
address indicated under the caption FOR FURTHER INFORMATION CONTACT.
Endangered Species Act Consideration
Before issuance of the 2020-21 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 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) in the Office of Management
and Budget (OMB) 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.
The executive order 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 2019-20 season. This
analysis was based on data from the 2011 and 2016 National Hunting and
Fishing Survey, the most recent years for which data are available (see
discussion in Regulatory Flexibility Act section below). This analysis
estimated consumer surplus for three alternatives for duck hunting
(estimates for other species are not quantified due to lack of data).
The alternatives are (1) issue restrictive regulations allowing fewer
days than those issued during the 2018-19 season, (2) issue moderate
regulations allowing more days than those in alternative 1, and (3)
issue liberal regulations identical to the regulations in the 2018-19
season. For the 2019-20 season, we chose Alternative 3, with an
estimated consumer surplus across all flyways of $263-$347 million with
a mid-point estimate of $305 million. We also chose alternative 3 for
the 2009-10 through 2018-19 seasons. We will select regulations for the
2020-21 season in December. The analysis is part of the record for this
rule and is available at http://www.regulations.gov at Docket No. FWS-
HQ-MB-2019-0004.
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.). We analyzed the
economic impacts of the annual hunting regulations on small business
entities in detail as part of the 1981 cost-benefit analysis. This
analysis was revised annually from 1990 through 1995. In 1995, the
Service issued a Small Entity Flexibility Analysis (Analysis), which
was subsequently updated in 1996, 1998, 2004, 2008, 2013, 2018, and
2019. The primary source of information about hunter expenditures for
migratory game bird hunting is the National Hunting and Fishing Survey,
which is generally conducted at 5-year intervals. The 2019 Analysis is
based on the 2011 and 2016 National Hunting and Fishing Survey and the
U.S. Department of Commerce's County Business Patterns, from which it
was estimated that migratory bird hunters would spend approximately
$1.6 billion at small businesses in 2019. Copies of the Analysis are
available upon request from the Division of Migratory Bird Management
(see FOR FURTHER INFORMATION CONTACT) or from http://www.regulations.gov at Docket No. FWS-HQ-MB-2019-0004.
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, we do not plan to defer the effective date under the exemption
contained in 5 U.S.C. 808(1).
Paperwork Reduction Act
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. This rule does not contain any new
collection of information that require approval by 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 6/30/2021, and in accordance with 5 CFR 1320.10, an
agency may continue to conduct or sponsor this collection of
information while the submission is pending at OMB).
1018-0023, ``Migratory Bird Surveys, 50 CFR 20.20''
(expires 8/31/2020). 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 06/30/2021).
Unfunded Mandates Reform Act
We have determined and certify, in compliance with the requirements
of the Unfunded Mandates Reform Act, 2 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
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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, 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 no 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
2020-21 migratory bird hunting season. The resulting proposals will be
contained in a separate proposed rule. By virtue of these actions, we
have consulted with tribes 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 Indian tribe may be more restrictive
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.
Executive Order 13771--Reducing Regulation and Controlling Regulatory
Costs
This action is not subject to Executive Order 13771 (82 FR 9339,
February 3, 2017) because it is issued with respect to routine hunting
and fishing activities.
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 2020-21
hunting season are authorized under 16 U.S.C. 703-711, 712, and 742 a-
j.
Dated: October 1, 2019.
Rob Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
Proposed 2020-21 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. No changes from
the 2019-20 frameworks in the Mississippi, Central, and Pacific Flyways
are being proposed at this time. Other issues requiring early
discussion, action, or the attention of the States or tribes are
contained 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 propose to continue using adaptive harvest management (AHM) to
help determine appropriate duck-hunting regulations for the 2020-21
season. AHM permits sound resource decisions in the face of uncertain
regulatory impacts and provides a mechanism for reducing that
uncertainty over time. We use AHM to evaluate four alternative
regulatory levels for duck hunting in the Mississippi, Central, and
Pacific Flyways based on the population status of mallards. We use AHM
based on the population status of a suite of four species in the
Atlantic Flyway (see below). We have specific hunting strategies for
species of special concern, such as black ducks, scaup, and pintails.
For additional information of AHM, see https://www.fws.gov/birds/management/adaptive-harvest-management.php.
Mississippi, Central, and Pacific Flyways
The prescribed regulatory alternative for the Mississippi, Central,
and Pacific Flyways is based on the status of mallard populations that
contribute primarily to each Flyway. In the Central and Mississippi
Flyways, we set hunting regulations based on the status and dynamics of
mid-continent mallards. Mid-continent mallards are those breeding in
central North America (Federal survey strata 13-18, 20-50, and 75-77,
and State surveys in Minnesota, Wisconsin, and Michigan). In the
Pacific Flyway, we set hunting regulations based on the status and
dynamics of western mallards. Western mallards are those breeding in
Alaska and the northern Yukon Territory (as based on Federal surveys in
strata 1-12), and in California, Oregon, Washington, and British
Columbia (as based on State- or Province-conducted surveys).
For the 2020-21 season, we recommend continuing to use independent
optimization to determine the optimal regulatory choice for each
mallard stock. This means that we would develop regulations for mid-
continent mallards and western mallards independently, based upon the
breeding stock that contributes
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primarily to each Flyway. We detailed implementation of this AHM
decision framework for western and mid-continent mallards in the July
24, 2008, Federal Register (73 FR 43290).
Atlantic Flyway
Last year, we implemented a multi-stock protocol for the Atlantic
Flyway. The protocol is based on a suite of four species that
represents the dynamics of duck harvest in the Atlantic Flyway and the
various habitat types used by waterfowl throughout the Atlantic Flyway:
Green-winged teal (Anas crecca), common goldeneye (Bucephala clangula),
ring-necked duck (Aythya collaris), and wood duck (Aix sponsa). These
species comprise more than 40 percent of the Atlantic Flyway's total
duck harvest, and they reflect regional variation in harvest
composition. The selected species represent upland nesters in boreal
and southern Canada (green-winged teal), over-water nesters in boreal
Canada (ring-necked duck), cavity nesters in the United States and
southern Canada (wood duck), and cavity nesters in boreal Canada
(goldeneye). The most important winter waterfowl habitats in the
Atlantic Flyway (salt marsh, freshwater marsh, tidal waters, freshwater
ponds and lakes, rivers and streams) are important to at least one of
these four species.
Species selection was also influenced by our need for sufficient
time series of estimates of annual abundance and estimates of harvest
rate or annual harvest. The protocol has a harvest objective of no more
than 98 percent of maximum sustainable long-term yield for any of the
four species. Regulatory alternatives are the same as those used in the
past (under eastern mallard AHM), except that the mallard bag limit is
not prescribed by the optimal regulatory alternative as determined by
the multi-stock AHM protocol. Further details on biological models used
in the protocol, data sources, optimization methods, and simulation
results are available at http://www.regulations.gov and on our website
at https://www.fws.gov/birds/index.php.
Although season length in the Atlantic Flyway is determined by the
proposed multi-stock protocol, the daily bag limit for black ducks will
still be determined by the international black duck AHM harvest
strategy. The mallard bag limit in the Atlantic Flyway will be based on
a separate assessment of the harvest potential of eastern mallards (see
section D.iii. Eastern Mallards below for further information).
Final 2020-21 AHM Protocol
We will detail the final AHM protocol for the 2020-21 season in the
supplemental proposed rule, which we will publish in late-September
(see Schedule of Biological Information Availability, Regulations
Meetings and Federal Register Publications for the 2020-21 Seasons at
the end of this proposed rule for further information). We will propose
a specific regulatory alternative in December for each of the Flyways
to use for their 2020-21 seasons after status information becomes
available in late August 2019.
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. Last year,
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 new multi-stock AHM protocol (83 FR
47868; September 21, 2018). We subsequently further 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 (Act), signed into law on March 12, 2019 (Pub. L.
116-9), amended the Migratory Bird Treaty Act to specify that the
framework closing date for hunting ducks, mergansers, and coots ``shall
be no later than January 31 of each year.'' The Act also states that,
with regard to these species, the Secretary shall ``adopt the
recommendation of each respective flyway council (as defined in section
20.152 of title 50, Code of Federal Regulations) for the Federal
framework if the Secretary determines that the recommendation is
consistent with science-based and sustainable harvest management.''
Thus, as directed by the law, we have adjusted the framework closing
date under each regulatory alternative for all four Flyways to January
31.
For 2020-21, we propose to utilize the same regulatory alternatives
that are in effect for the 2019-20 season, with the exceptions noted
above (see table below 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 will finalize the regulatory alternatives
for each of the Flyways for the 2020-21 seasons in early-December 2019.
C. Zones and Split Seasons
Zones and split seasons are ``special regulations'' designed to
distribute hunting opportunities and harvests according to temporal,
geographic, and demographic variability in waterfowl and other
migratory game bird populations. For ducks, States have been allowed
the option of dividing their allotted hunting days into two (or in some
cases three) segments (splits) to take advantage of species-specific
peaks of abundance or to satisfy hunters in different areas who want to
hunt during the peak of waterfowl abundance in their area. However, the
split-season option does not fully satisfy many States who wish to
provide a more equitable distribution of harvest opportunities.
Therefore, we also have allowed the establishment of independent
seasons in up to four zones within States for the purpose of providing
more equitable distribution of harvest opportunity for hunters
throughout the State.
In 1978, we prepared an environmental assessment (EA) on the use of
zones to set duck hunting regulations. A primary tenet of the 1978 EA
was that zoning would be for the primary purpose of providing equitable
distribution of duck hunting opportunities within a State or region and
not for the purpose of increasing total annual waterfowl harvest in the
zoned areas. In fact, target harvest levels were to be adjusted
downward if they exceeded traditional levels as a result of zoning.
Subsequent to the 1978 EA, we conducted a review of the use of zones
and split seasons in 1990. In 2011, we prepared a new EA analyzing some
specific proposed changes to the zone and split-season guidelines. The
current guidelines were then finalized in 2011 (76 FR 53536; August 26,
2011).
Currently, every 5 years, States are afforded the opportunity to
change the zoning and split-season configuration within which they set
their annual duck hunting regulations. The next regularly scheduled
open season for changes to zone and split-season configurations will be
in 2020, for use during the 2021-25 period. For those States wishing to
change zone and split-season configurations in time for the 2021-25
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seasons, we will need to receive new configuration and zone
descriptions by May 1, 2020.
For the 2021-25 open season, the guidelines for duck zone and
split-season configurations are as follows:
Guidelines for Duck Zones and Split Seasons
The following zone and split-season guidelines apply only for the
regular duck season:
(1) A zone is a geographic area or portion of a State, with a
contiguous boundary, for which independent dates may be selected for
the regular duck season.
(2) Consideration of changes for management-unit boundaries is not
subject to the guidelines and provisions governing the use of zones and
split seasons for ducks.
(3) Only minor (less than a county in size) boundary changes will
be allowed for any grandfathered arrangement, and changes are limited
to the open season.
(4) Once a zone and split option is selected during an open season,
it must remain in place for the following 5 years.
Any State may continue the configuration used in the previous 5-
year period. If changes are made, the zone and split-season
configuration must conform to one of the following options:
(1) No more than four zones with no splits;
(2) Split seasons (no more than three segments) with no zones; or
(3) No more than three zones with the option for two-way (two-
segment) split seasons in one, two, or all zones.
Grandfathered Zone and Split Arrangements
When we first implemented the zone and split guidelines in 1991,
several States had completed experiments with zone and split
arrangements different from our original options. We offered those
States a one-time opportunity to continue (``grandfather'') those
arrangements, with the stipulation that only minor changes could be
made to zone boundaries. If any of those States now wish to change
their zone and split arrangement:
(1) The new arrangement must conform to one of the three options
identified above; and
(2) The State cannot go back to the grandfathered arrangement that
it previously had in place.
Management Units
We will continue to utilize the specific limitations previously
established regarding the use of zones and split seasons in special
management units, including the High Plains Mallard Management Unit. We
note that the original justification and objectives established for the
High Plains Mallard Management Unit provided for additional days of
hunting opportunity at the end of the regular duck season. In order to
maintain the integrity of the management unit, current guidelines
prohibit simultaneous zoning and/or three-way split seasons within a
management unit and the remainder of the State. Removal of this
limitation would allow additional proliferation of zone and split
configurations and compromise the original objectives of the management
unit.
D. Special Seasons/Species Management
iii. Eastern Mallards
For the Atlantic Flyway, under the proposed multi-stock 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
December.
16. Doves
In 2006 (see July 28, 2006, Federal Register, 71 FR 43008), we
approved guidelines for the use of zones and split seasons for doves
with implementation beginning in the 2007-08 season. While the initial
period was for 4 years (2007-10), we further stated that, beginning in
2011, zoning would conform to a 5-year period.
The next open season for changes to dove zone and split
configurations will be in 2020, for use during the 2021-25 period. For
those States wishing to change zone and split-season configurations in
time for the 2021-25 seasons, we will need to receive new configuration
and zone descriptions by May 1, 2020.
The guidelines are as follows:
Guidelines for Dove Zones and Split Seasons in the Eastern and Central
Mourning Dove Management Units
(1) A zone is a geographic area or portion of a State, with a
contiguous boundary, for which independent seasons may be selected for
dove hunting.
(2) States may select a zone and split option during an open
season. The option must remain in place for the following 5 years
except that States may make a one-time change and revert to their
previous zone and split configuration in any year of the 5-year period.
Formal approval will not be required, but States must notify the
Service before making the change.
(3) Zoning periods for dove hunting will conform to those years
used for ducks, e.g., 2021-25.
(4) The zone and split configuration consists of two zones with the
option for three-way (three-segment) split seasons in one or both
zones. As a grandfathered arrangement, Texas will have three zones with
the option for two-way (two-segment) split seasons in one, two, or all
three zones.
(5) States that do not wish to zone for dove hunting may split
their seasons into no more than three segments.
For the 2021-25 period, any State may continue the configuration
used in 2016-20. If changes are made, the zone and split-season
configuration must conform to one of the options listed above. If Texas
uses a new configuration for the entirety of the 5-year period, it
cannot go back to the grandfathered arrangement that it previously had
in place.
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