81_FR_38162 81 FR 38050 - Migratory Bird Hunting; Proposed 2017-18 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals; Notice of Meetings

81 FR 38050 - Migratory Bird Hunting; Proposed 2017-18 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals; Notice of Meetings

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 112 (June 10, 2016)

Page Range38050-38059
FR Document2016-13766

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 2017-18 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, announces the Service Migratory Bird Regulations Committee (SRC) and Flyway Council meetings, describes the proposed regulatory alternatives for the 2017-18 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 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.

Federal Register, Volume 81 Issue 112 (Friday, June 10, 2016)
[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Proposed Rules]
[Pages 38050-38059]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13766]



[[Page 38049]]

Vol. 81

Friday,

No. 112

June 10, 2016

Part VII





Department of the Interior





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Fish and Wildlife Service





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Migratory Bird Hunting; Proposed 2017-18 Migratory Game Bird Hunting 
Regulations (Preliminary) With Requests for Indian Tribal Proposals; 
Notice of Meetings; Proposed Rule

Federal Register / Vol. 81 , No. 112 / Friday, June 10, 2016 / 
Proposed Rules

[[Page 38050]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-HQ-MB-2016-0051; FF09M21200-156-FXMB1231099BPP0]
RIN 1018-BB40


Migratory Bird Hunting; Proposed 2017-18 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 2017-18 hunting season. We annually 
prescribe outside limits (frameworks) within which States may select 
hunting seasons. This proposed rule provides the regulatory schedule, 
announces the Service Migratory Bird Regulations Committee (SRC) and 
Flyway Council meetings, describes the proposed regulatory alternatives 
for the 2017-18 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 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.

DATES: Comments: Following subsequent Federal Register notices, the 
public will be given an opportunity to submit comments on this proposed 
rule and the subsequent proposed frameworks by January 15, 2017. Tribes 
must submit proposals and related comments on or before December 1, 
2016.
    Meetings: The SRC will conduct an open meeting on June 15, 2016, to 
identify and discuss preliminary issues concerning the 2017-18 
migratory bird hunting regulations. The meeting will commence at 
approximately 11:00 a.m. EDT. The SRC will meet to consider and develop 
proposed regulations for the 2017-18 migratory game bird hunting 
seasons on October 25-26, 2016. Meetings on both days will commence at 
approximately 8:30 a.m.

ADDRESSES: You may submit comments on the proposals by one of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments on Docket No. FWS-HQ-
MB-2016-0051.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-HQ-MB-2016-0051; 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 Web site. See the Public Comments section, below, for 
more information.
    Meetings: The June 15, 2016, SRC meeting will be available to the 
public in the Rachel Carson conference room at 5275 Leesburg Pike, 
Falls Church, VA 22041. The October 25-26, 2016, 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: 

New Process for the Annual Migratory Game Bird Hunting Regulations

    As part of DOI's retrospective regulatory review, we developed a 
schedule for migratory game bird hunting regulations that is more 
efficient and provides hunting season dates much earlier than was 
possible under the old process. The new process makes planning much 
easier for the States and all parties interested in migratory bird 
hunting. Beginning last year with the development of the 2016-17 
hunting seasons, we are using a new schedule for establishing our 
annual migratory game bird hunting regulations. We combine the 
previously used early- and late-season regulatory processes into a 
single process, and make decisions for harvest management based on 
predictions derived from long-term biological information and 
established harvest strategies to establish migratory bird hunting 
seasons much earlier than the system we used for many years. Under the 
new process, we develop proposed hunting season frameworks for a given 
year in the fall of the prior year. We then finalize those frameworks a 
few months later, thereby enabling the State agencies to select and 
publish their season dates in early summer.
    This proposed rule is the first in a series of rules for the 
establishment of the 2017-18 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 (AFWA), 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 at 50 CFR part 20, is constrained by three primary factors. 
Legal and administrative considerations dictate how long the rulemaking 
process will last. Most importantly, however, the

[[Page 38051]]

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, the 
condition of breeding and wintering habitat, the number of hunters, and 
the 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 will meet October 25-26, 2016, to review information on the 
current status of migratory game birds and develop 2017-18 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.

Announcement of Flyway Council Meetings

    Service representatives will be present at the individual meetings 
of the four Flyway Councils this August, September and October. 
Although agendas are not yet available, these meetings usually commence 
at 8 a.m. on the days indicated.
    Atlantic Flyway Council: October 6-7, Hyatt Regency, 225 East 
Coastline Drive, Jacksonville, FL.
    Mississippi Flyway Council: August 25-26, Hyatt Regency, 311 South 
4th Street, Louisville, KY.
    Central Flyway Council: September 22-23, Sheraton Steamboat Resort, 
2200 Village Inn Court, Steamboat Springs, CO.
    Pacific Flyway Council: September 30, Sun Valley Resort, 1 Sun 
Valley Road, Sun Valley, ID.

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 2017-18 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 2017-18 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 2017-18 Migratory Game Bird Hunting Regulations 
(Preliminary) in this document. We published definitions of waterfowl 
flyways and mourning dove management units, and a description of the 
data used in and the factors affecting the regulatory process, in the 
March 14, 1990, Federal Register (55 FR 9618).

Regulatory Schedule for 2017-18

    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 2017-18 
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. Black Ducks
    iv. Canvasbacks
    v. Pintails
    vi. Scaup
    vii. Mottled Ducks
    viii. Wood Ducks
    ix. Youth Hunt
    x. Mallard Management Units
    xi. Other
2. Sea Ducks
3. Mergansers
4. Canada Geese
    A. Special Early Seasons
    B. Regular Seasons
    C. Special Late Seasons
5. White-Fronted Geese
6. Brant
7. Snow and Ross's (Light) Geese
8. Swans
9. Sandhill Cranes
10. Coots
11. 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, and 
remaining numbered items will be discontinuous and appear incomplete.
    The proposed regulatory alternatives for the 2017-18 duck hunting 
seasons are contained at the end of this document. We plan to publish 
final regulatory alternatives in late July. We plan to publish proposed 
season frameworks in mid-December 2016. We plan to publish final season 
frameworks in late February 2017.

Review of Public Comments

    This proposed rulemaking contains the proposed regulatory 
alternatives for the 2017-18 duck hunting seasons. This proposed 
rulemaking also describes other recommended changes or specific 
preliminary proposals that vary from the 2016-17 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 2017-18 season. We seek 
additional information and comments on this proposed rule.

Consolidation of Notices

    For administrative purposes, this document consolidates the notice 
of 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

[[Page 38052]]

guidelines and proposals, tribes should contact the following 
personnel:
    Region 1 (Idaho, Oregon, Washington, Hawaii, and the Pacific 
Islands)--Nanette Seto, U.S. Fish and Wildlife Service, 911 NE. 11th 
Avenue, Portland, OR 97232-4181; (503) 231-6164.
    Region 2 (Arizona, New Mexico, Oklahoma, and Texas)--Greg Hughes, 
U.S. Fish and Wildlife Service, P.O. Box 1306, Albuquerque, NM 87103; 
(505) 248-7885.
    Region 3 (Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, 
Ohio, and Wisconsin)--Tom Cooper, U.S. Fish and Wildlife Service, 5600 
American Blvd. West, Suite 990, Bloomington, MN 55437-1458; (612) 713-
5101.
    Region 4 (Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 
Mississippi, North Carolina, Puerto Rico and Virgin Islands, South 
Carolina, and Tennessee)--Laurel Barnhill, U.S. Fish and Wildlife 
Service, 1875 Century Boulevard, Room 324, Atlanta, GA 30345; (404) 
679-4000.
    Region 5 (Connecticut, Delaware, Maine, Maryland, Massachusetts, 
New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, 
Vermont, Virginia, and West Virginia)--Pam Toschik, U.S. Fish and 
Wildlife Service, 300 Westgate Center Drive, Hadley, MA 01035-9589; 
(413) 253-8610.
    Region 6 (Colorado, Kansas, Montana, Nebraska, North Dakota, South 
Dakota, Utah, and Wyoming)--Casey Stemler, U.S. Fish and Wildlife 
Service, P.O. Box 25486, Denver Federal Building, Denver, CO 80225; 
(303) 236-8145.
    Region 7 (Alaska)--Pete Probasco, U.S. Fish and Wildlife Service, 
1011 East Tudor Road, Anchorage, AK 99503; (907) 786-3423.
    Region 8 (California and Nevada)--Eric Davis, U.S. Fish and 
Wildlife Service, 2800 Cottage Way, Sacramento, CA 95825-1846; (916) 
414-6727.

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 10 to September 1 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 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. We believe 
that they 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 2017-18 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

[[Page 38053]]

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 2017-18 hunting season 
should submit their proposals no later than December 1, 2016. Tribes 
should direct inquiries regarding the guidelines and proposals to the 
appropriate Service Regional Office listed above under the caption 
Consolidation of Notices. 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 the ADDRESSES section. We will not 
accept comments sent by email or fax or to an address not listed in the 
ADDRESSES section. 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 the DATES section. 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 2016-
17,'' with its corresponding March 10, 2016, finding of no significant 
impact. In addition, an August 1985 environmental assessment entitled 
``Guidelines for Migratory Bird Hunting Regulations on Federal Indian 
Reservations and Ceded Lands'' is available from the address indicated 
under the caption FOR FURTHER INFORMATION CONTACT.

Endangered Species Act Consideration

    Before issuance of the 2017-18 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 this and future supplemental 
proposed rulemaking documents.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) will review all significant 
rules. OIRA has reviewed this rule and has determined that this rule is 
significant because it would have an annual effect of $100 million or 
more on the economy.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
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 2013-14 season. This 
analysis was based on data from the 2011 National Hunting and Fishing 
Survey, the most recent year for which data are available (see 
discussion in Regulatory Flexibility Act section below). We will use 
this analysis again for the 2017-18 season. 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 2012-13 season, (2) issue moderate regulations 
allowing more days than those in alternative 1, and (3) issue liberal 
regulations identical to the regulations in the 2012-13 season. For the 
2013-14 season, we chose Alternative 3, with an estimated consumer 
surplus across all flyways of $317.8-$416.8 million. We also chose 
Alternative 3 for the 2009-10, the 2010-11, the 2011-12, the 2012-13, 
the 2014-15, the 2015-16, and the 2016-17 seasons. The 2013-14 analysis 
is part of the record for this rule and is available at http://www.regulations.gov at Docket No. FWS-HQ-MB-2016-0051.

Regulatory Flexibility Act

    The annual migratory bird hunting regulations have a significant 
economic

[[Page 38054]]

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 1990-95. In 1995, the Service issued a Small 
Entity Flexibility Analysis (Analysis), which was subsequently updated 
in 1996, 1998, 2004, 2008, and 2013. The primary source of information 
about hunter expenditures for migratory game bird hunting is the 
National Hunting and Fishing Survey, which is conducted at 5-year 
intervals. The 2013 Analysis was based on the 2011 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 $1.5 billion at small businesses in 2013. 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-2016-0051.

Clarity of the Rule

    We are required by Executive Orders 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 the ADDRESSES section. 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

    This proposed rule does not contain any new information collection 
that requires approval under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). We may not conduct or sponsor and you are not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number. OMB has reviewed and approved the 
information collection requirements associated with migratory bird 
surveys and assigned the following OMB control numbers:
     1018-0019--North American Woodcock Singing Ground Survey 
(expires 5/31/2018).
     1018-0023--Migratory Bird Surveys (expires 6/30/2017). 
Includes Migratory Bird Harvest Information Program, Migratory Bird 
Hunter Surveys, Sandhill Crane Survey, and Parts Collection Survey.

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 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 
2017-18 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.

[[Page 38055]]

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 2017-18 
hunting season are authorized under 16 U.S.C. 703-711, 16 U.S.C. 712, 
and 16 U.S.C. 742 a-j.

    Dated: May 19, 2016.
Karen Hyun,
Deputy Assistant Secretary for Fish and Wildlife and Parks.

Proposed 2017-18 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 2016-17 frameworks 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 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 2017-18 
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 based on the population status of 
mallards. (We enact other hunting regulations for species of special 
concern, such as canvasbacks, scaup, and pintails).
Atlantic, Mississippi, Central, and Pacific Flyways
    The prescribed regulatory alternative for the Atlantic, 
Mississippi, Central, and Pacific Flyways is based on the status of 
mallards that contributes primarily to each Flyway. In the Atlantic 
Flyway, we set hunting regulations based on the population status of 
mallards breeding in eastern North America (Federal survey strata 51-54 
and 56, and State surveys in the Northeast and the mid-Atlantic 
region). 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 and Oregon (as based on State-conducted surveys).
    For the 2017-18 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 eastern 
mallards, mid-continent mallards and western mallards independently, 
based upon the breeding stock that contributes 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) and for eastern mallards in the July 20, 2012, 
Federal Register (77 FR 42920).
Supplemental Environmental Impact Statement (SEIS) Changes to the AHM 
Process
    Beginning with the 2016-17 season, migratory bird hunting 
regulations are based on predictions from models derived from long-term 
biological information or the most recently collected monitoring data, 
and established harvest strategies. Since 1995, the Service and Flyway 
Councils have applied the principles of adaptive management to inform 
harvest management decisions in the face of uncertainty while trying to 
learn about system (bird populations) responses to harvest regulations 
and environmental changes. Prior to the timing and process changes 
necessary for implementation of SEIS 2013, the annual AHM process began 
with the observation of the system's status each spring followed by an 
updating of model weights and the derivation of an optimal harvest 
policy that was then used to inform a regulatory decision (i.e., 
breeding population estimates were used with a policy matrix to 
determine optimal regulatory decisions). The system then evolves over 
time in response to the decision and natural variation in population 
dynamics. The following spring, the monitoring programs observe the 
status of the system and the iterative decision-making process 
continues forward in time. However, with the changes in decision timing 
specified by the SEIS, the post-survey AHM process will not be possible 
because monitoring information describing the system will not be 
available at the time the decision must be made. As a result, the 
optimization framework used to derive the current harvest policy can no 
longer calculate current and future harvest values as a function of the 
current system and model weights. To address this issue, we adjusted 
the optimization procedures to calculate harvest values conditional on 
the last observation of the system and regulatory decision.
    Results and analysis of our work is contained in a technical report 
that provides a summary of revised methods and assessment results based 
on updated AHM protocols developed in response to the preferred 
alternative specified in the SEIS. The report describes necessary 
changes to optimization procedures and decision processes for the 
implementation of AHM for midcontinent, eastern and western mallards, 
northern pintails, and scaup decision frameworks.
    Results indicate that the necessary adjustments to the optimization 
procedures and AHM protocols to account for changes in decision timing 
are not expected to result in major changes to expected management 
performance for mallard, pintail, and scaup AHM. In general, pre-survey 
(or pre-SEIS necessary changes) harvest policies were similar to 
harvest policies based on new post-survey (or post-SEIS necessary 
changes) AHM protocols. We found some subtle differences in the degree 
to which strategies prescribed regulatory changes in the pre-survey 
policies with a reduction in the number of cells indicating moderate 
regulations. In addition, pre-survey policies became more liberal when 
the previous regulatory decisions were more conservative. These 
patterns were consistent for each AHM decision-making framework. 
Overall, a comparison of simulation results of the pre- and post-survey 
protocols did not suggest substantive changes in the frequency of 
regulations or in the expected average population size. These results 
suggest that the additional form of uncertainty that the change in 
decision timing introduces is not expected to limit our expected 
harvest management performance with the adoption of the pre-survey AHM 
protocols.
    A complete copy of the AHM report can be found on http://www.regulations.gov or at http://www.fws.gov/migratorybirds/pdf/

[[Page 38056]]

management/AHM/SEIS&AHMReportFinal.pdf.
Final 2017-18 AHM Protocol
    We will detail the final AHM protocol for the 2017-18 season in the 
supplemental proposed rule, which we will publish in late July (see 
Schedule of Biological Information Availability, Regulations Meetings 
and Federal Register Publications for the 2017-18 Seasons at the end of 
this proposed rule for further information). We will propose a specific 
regulatory alternative for each of the Flyways to use for their 2017-18 
seasons after information becomes available in late August 2016.

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. At that time 
we stated our desire to keep these changes in place for 3 years to 
allow for a reasonable opportunity to monitor the impacts of framework-
date extensions on harvest distribution and rates of harvest before 
considering any subsequent use (67 FR 12501; March 19, 2002).
    For 2017-18, we propose to utilize the same regulatory alternatives 
that are in effect for the 2016-17 season (see accompanying table 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.

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 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 was in 
2016, for use during the 2016-20 period. However, as we discussed in 
the September 23, 2014, Federal Register (79 FR 56864), the April 13, 
2015, Federal Register (80 FR 19852), and the August 6, 2015, Federal 
Register (80 FR 47388), we implemented significant changes to the 
annual regulatory process as outlined in the 2013 SEIS. As a result, 
the previously identified May 1, 2016, due date for zone and split-
season configuration changes that was developed under the old 
regulatory process was too late for those States wishing to change zone 
and split-season configurations for implementation in the 2016-17 
season. Under the new regulatory schedule implemented last year, we 
published the proposed rule for all migratory bird seasons the 
following fall in early December. A final rule tentatively would be 
published about 75 days after the proposed rule (but no later than 
April 1). This new schedule precluded inclusion of some States' new 
zone descriptions in the 2016-17 proposed rule as had been done in past 
open seasons. Thus, we utilized a two-phase approach. For those States 
able to change zone and split-season configurations in time for the 
2016-17 season, we included new configuration and zone descriptions in 
the 2016-17 hunting regulations. States that do not send in new zone 
and split-season configuration changes at that time had until the 
previously identified May 1, 2016, deadline. Those changes will be 
implemented in the 2017-18 hunting season. The next scheduled open 
season would remain in 2021 for the 2021-25 seasons, and all States 
will then resume on the same 5-year schedule regardless of how long 
their previous zone-split configuration was in place.
    For the current open season, the guidelines for duck zone and 
split-season configurations will be 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 3 segments) with no zones, or
    (3) No more than three zones with the option for 2-way (2-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:

[[Page 38057]]

    (1) The new arrangement must conform to one of the 3 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 3-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

iv. Canvasbacks

    From 1994-2015, we followed a canvasback harvest strategy whereby 
if canvasback population status and production are sufficient to permit 
a harvest of one canvasback per day nationwide for the entire length of 
the regular duck season, while still attaining an objective of 500,000 
birds the following spring, the season on canvasbacks should be opened. 
A partial season would be allowed if the estimated allowable harvest 
was below that associated with a 1-bird daily bag limit for the entire 
season. If neither of these conditions can be met, the harvest strategy 
calls for a closed season on canvasbacks nationwide. In 2008 (73 FR 
43290; July 24, 2008), we announced our decision to modify the 
canvasback harvest strategy to incorporate the option for a 2-bird 
daily bag limit for canvasbacks when the predicted breeding population 
the subsequent year exceeds 725,000 birds.
    Since the existing harvest strategy relies on information that will 
not yet be available at the time we need to establish proposed 
frameworks under the new regulatory process, the canvasback harvest 
management strategy is not usable for the 2016-17 season and beyond. At 
this time we do not have a new harvest strategy to propose for use in 
the future. Thus, as we did for the 2016-17 season, we will review the 
most recent information on canvasback populations, habitat conditions, 
and harvests with the goal of compiling the best information available 
for use in making a harvest management decision. We will share these 
results with the Flyways during their fall meetings, with the intention 
of adopting a decision-making approach in October for the 2017-18 
seasons. Over the next year, we will continue to work with the Flyway 
technical committees and councils to develop a new biologically based 
process for informing harvest management decisions for use in 
subsequent years.

16. Doves

    As we discussed in the April 13 (80 FR 19852), July 21 (80 FR 
43266), and August 6 (80 FR 47388), 2015, Federal Registers, 2016 was 
the next open season for changes to dove zone and split configurations 
for the 2016-20 period. The current guidelines were approved in 2006 
(see July 28, 2006, Federal Register, 71 FR 43008), 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.
    As discussed above under C. Zones and Split Seasons for ducks, 
because of unintentional and unanticipated issues with changing the 
regulatory schedule for the 2016-17 season, we decided that a two-phase 
approach was appropriate. For those States able to change zone and 
split-season configurations in time for the 2016-17 season, we included 
that new configuration and zone descriptions in the 2016-17 hunting 
seasons. For those States unable to do so last year, we will accept 
zone and split-season configuration changes until the previously 
identified May 1, 2016, deadline. We will implement these changes in 
the 2017-18 hunting season. The next normally scheduled open season 
will be in 2021 for the 2021-25 seasons.
    For the current open season, the guidelines for dove zone and 
split-season configurations will be 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., 2016-20.
    (4) The zone and split configuration consists of two zones with the 
option for 3-way (3-segment) split seasons in one or both zones. As a 
grandfathered arrangement, Texas will have three zones with the option 
for 2-way (2-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 3 segments.
    For the 2016-20 period, any State may continue the configuration 
used in 2011-15. 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.
BILLING CODE 4333-15-P

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[[Page 38059]]


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[FR Doc. 2016-13766 Filed 6-9-16; 8:45 am]
BILLING CODE 4333-15-C



                                                      38050                     Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Proposed Rules

                                                      DEPARTMENT OF THE INTERIOR                              ADDRESSES:   You may submit comments                   of the prior year. We then finalize those
                                                                                                              on the proposals by one of the following               frameworks a few months later, thereby
                                                      Fish and Wildlife Service                               methods:                                               enabling the State agencies to select and
                                                                                                                • Federal eRulemaking Portal: http://                publish their season dates in early
                                                      50 CFR Part 20                                          www.regulations.gov. Follow the                        summer.
                                                                                                              instructions for submitting comments                      This proposed rule is the first in a
                                                      [Docket No. FWS–HQ–MB–2016–0051;                        on Docket No. FWS–HQ–MB–2016–                          series of rules for the establishment of
                                                      FF09M21200–156–FXMB1231099BPP0]                         0051.                                                  the 2017–18 hunting seasons.
                                                                                                                • U.S. mail or hand-delivery: Public                 Background and Overview
                                                      RIN 1018–BB40                                           Comments Processing, Attn: FWS–HQ–
                                                                                                              MB–2016–0051; Division of Policy,                         Migratory game birds are those bird
                                                      Migratory Bird Hunting; Proposed                        Performance, and Management                            species so designated in conventions
                                                      2017–18 Migratory Game Bird Hunting                     Programs; U.S. Fish and Wildlife                       between the United States and several
                                                      Regulations (Preliminary) With                          Service, MS: BPHC; 5275 Leesburg Pike,                 foreign nations for the protection and
                                                      Requests for Indian Tribal Proposals;                   Falls Church, VA 22041.                                management of these birds. Under the
                                                      Notice of Meetings                                                                                             Migratory Bird Treaty Act (16 U.S.C.
                                                                                                              We will not accept emailed or faxed
                                                                                                                                                                     703–712), the Secretary of the Interior is
                                                      AGENCY:   Fish and Wildlife Service,                    comments. We will post all comments
                                                                                                                                                                     authorized to determine when ‘‘hunting,
                                                      Interior.                                               on http://www.regulations.gov. This
                                                                                                                                                                     taking, capture, killing, possession, sale,
                                                      ACTION: Proposed rule; availability of                  generally means that your entire
                                                                                                                                                                     purchase, shipment, transportation,
                                                      supplemental information.                               submission—including any personal
                                                                                                                                                                     carriage, or export of any * * * bird, or
                                                                                                              identifying information—will be posted
                                                                                                                                                                     any part, nest, or egg’’ of migratory game
                                                      SUMMARY:   The U.S. Fish and Wildlife                   on the Web site. See the Public
                                                                                                                                                                     birds can take place, and to adopt
                                                      Service (hereinafter the Service or we)                 Comments section, below, for more
                                                                                                                                                                     regulations for this purpose. These
                                                      proposes to establish annual hunting                    information.
                                                                                                                                                                     regulations are written after giving due
                                                      regulations for certain migratory game                    Meetings: The June 15, 2016, SRC
                                                                                                                                                                     regard to ‘‘the zones of temperature and
                                                      birds for the 2017–18 hunting season.                   meeting will be available to the public
                                                                                                                                                                     to the distribution, abundance,
                                                      We annually prescribe outside limits                    in the Rachel Carson conference room at
                                                                                                                                                                     economic value, breeding habits, and
                                                      (frameworks) within which States may                    5275 Leesburg Pike, Falls Church, VA
                                                                                                                                                                     times and lines of migratory flight of
                                                      select hunting seasons. This proposed                   22041. The October 25–26, 2016, SRC                    such birds’’ and are updated annually
                                                      rule provides the regulatory schedule,                  meeting will be at the U.S. Fish and                   (16 U.S.C. 704(a)). This responsibility
                                                      announces the Service Migratory Bird                    Wildlife Service, 5600 American                        has been delegated to the Service as the
                                                      Regulations Committee (SRC) and                         Boulevard, Bloomington, MN 55437.                      lead Federal agency for managing and
                                                      Flyway Council meetings, describes the                  FOR FURTHER INFORMATION CONTACT: Ron                   conserving migratory birds in the
                                                      proposed regulatory alternatives for the                W. Kokel at: Division of Migratory Bird                United States. However, migratory game
                                                      2017–18 duck hunting seasons, and                       Management, U.S. Fish and Wildlife                     bird management is a cooperative effort
                                                      requests proposals from Indian tribes                   Service, Department of the Interior, MS:               of State, Tribal, and Federal
                                                      that wish to establish special migratory                MB, 5275 Leesburg Pike, Falls Church,                  governments.
                                                      game bird hunting regulations on                        VA 22041; (703) 358–1714.                                 The Service develops migratory game
                                                      Federal Indian reservations and ceded                   SUPPLEMENTARY INFORMATION:                             bird hunting regulations by establishing
                                                      lands. Migratory game bird hunting                                                                             the frameworks, or outside limits, for
                                                      seasons provide opportunities for                       New Process for the Annual Migratory                   season lengths, bag limits, and areas for
                                                      recreation and sustenance; aid Federal,                 Game Bird Hunting Regulations                          migratory game bird hunting.
                                                      State, and tribal governments in the                       As part of DOI’s retrospective                      Acknowledging regional differences in
                                                      management of migratory game birds;                     regulatory review, we developed a                      hunting conditions, the Service has
                                                      and permit harvests at levels compatible                schedule for migratory game bird                       administratively divided the Nation into
                                                      with migratory game bird population                     hunting regulations that is more                       four Flyways for the primary purpose of
                                                      status and habitat conditions.                          efficient and provides hunting season                  managing migratory game birds. Each
                                                      DATES: Comments: Following                              dates much earlier than was possible                   Flyway (Atlantic, Mississippi, Central,
                                                      subsequent Federal Register notices, the                under the old process. The new process                 and Pacific) has a Flyway Council, a
                                                      public will be given an opportunity to                  makes planning much easier for the                     formal organization generally composed
                                                      submit comments on this proposed rule                   States and all parties interested in                   of one member from each State and
                                                      and the subsequent proposed                             migratory bird hunting. Beginning last                 Province in that Flyway. The Flyway
                                                      frameworks by January 15, 2017. Tribes                  year with the development of the 2016–                 Councils, established through the
                                                      must submit proposals and related                       17 hunting seasons, we are using a new                 Association of Fish and Wildlife
                                                      comments on or before December 1,                       schedule for establishing our annual                   Agencies (AFWA), also assist in
                                                      2016.                                                   migratory game bird hunting                            researching and providing migratory
                                                         Meetings: The SRC will conduct an                    regulations. We combine the previously                 game bird management information for
                                                      open meeting on June 15, 2016, to                       used early- and late-season regulatory                 Federal, State, and Provincial
                                                      identify and discuss preliminary issues                 processes into a single process, and                   governments, as well as private
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      concerning the 2017–18 migratory bird                   make decisions for harvest management                  conservation entities and the general
                                                      hunting regulations. The meeting will                   based on predictions derived from long-                public.
                                                      commence at approximately 11:00 a.m.                    term biological information and                           The process for adopting migratory
                                                      EDT. The SRC will meet to consider and                  established harvest strategies to                      game bird hunting regulations, located
                                                      develop proposed regulations for the                    establish migratory bird hunting seasons               at 50 CFR part 20, is constrained by
                                                      2017–18 migratory game bird hunting                     much earlier than the system we used                   three primary factors. Legal and
                                                      seasons on October 25–26, 2016.                         for many years. Under the new process,                 administrative considerations dictate
                                                      Meetings on both days will commence                     we develop proposed hunting season                     how long the rulemaking process will
                                                      at approximately 8:30 a.m.                              frameworks for a given year in the fall                last. Most importantly, however, the


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                                                                                Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Proposed Rules                                            38051

                                                      biological cycle of migratory game birds                  Pacific Flyway Council: September 30,                   x. Mallard Management Units
                                                      controls the timing of data-gathering                   Sun Valley Resort, 1 Sun Valley Road,                     xi. Other
                                                      activities and thus the dates on which                  Sun Valley, ID.                                        2. Sea Ducks
                                                                                                                                                                     3. Mergansers
                                                      these results are available for
                                                                                                              Notice of Intent To Establish Open                     4. Canada Geese
                                                      consideration and deliberation.                                                                                   A. Special Early Seasons
                                                        For the regulatory cycle, Service                     Seasons
                                                                                                                                                                        B. Regular Seasons
                                                      biologists gather, analyze, and interpret                  This document announces our intent                     C. Special Late Seasons
                                                      biological survey data and provide this                 to establish open hunting seasons and                  5. White-Fronted Geese
                                                      information to all those involved in the                daily bag and possession limits for                    6. Brant
                                                      process through a series of published                   certain designated groups or species of                7. Snow and Ross’s (Light) Geese
                                                      status reports and presentations to                     migratory game birds for 2017–18 in the                8. Swans
                                                      Flyway Councils and other interested                    contiguous United States, Alaska,                      9. Sandhill Cranes
                                                      parties. Because the Service is required                Hawaii, Puerto Rico, and the Virgin                    10. Coots
                                                                                                              Islands, under §§ 20.101 through 20.107,               11. Moorhens and Gallinules
                                                      to take abundance of migratory game
                                                                                                                                                                     12. Rails
                                                      birds and other factors into                            20.109, and 20.110 of subpart K of 50                  13. Snipe
                                                      consideration, the Service undertakes a                 CFR part 20.                                           14. Woodcock
                                                      number of surveys throughout the year                      For the 2017–18 migratory game bird                 15. Band-tailed Pigeons
                                                      in conjunction with Service Regional                    hunting season, we will propose                        16. Doves
                                                      Offices, the Canadian Wildlife Service,                 regulations for certain designated                     17. Alaska
                                                      and State and Provincial wildlife-                      members of the avian families Anatidae                 18. Hawaii
                                                      management agencies. To determine the                   (ducks, geese, and swans); Columbidae                  19. Puerto Rico
                                                      appropriate frameworks for each                         (doves and pigeons); Gruidae (cranes);                 20. Virgin Islands
                                                                                                              Rallidae (rails, coots, moorhens, and                  21. Falconry
                                                      species, we consider factors such as
                                                                                                              gallinules); and Scolopacidae                          22. Other
                                                      population size and trend, geographical
                                                      distribution, annual breeding effort, the               (woodcock and snipe). We describe                         Later sections of this and subsequent
                                                      condition of breeding and wintering                     these proposals under Proposed 2017–                   documents will refer only to numbered
                                                      habitat, the number of hunters, and the                 18 Migratory Game Bird Hunting                         items requiring your attention.
                                                      anticipated harvest. After frameworks                   Regulations (Preliminary) in this                      Therefore, it is important to note that we
                                                      are established for season lengths, bag                 document. We published definitions of                  will omit those items requiring no
                                                      limits, and areas for migratory game bird               waterfowl flyways and mourning dove                    attention, and remaining numbered
                                                      hunting, States may select season dates,                management units, and a description of                 items will be discontinuous and appear
                                                      bag limits, and other regulatory options                the data used in and the factors affecting             incomplete.
                                                      for the hunting seasons. States may                     the regulatory process, in the March 14,                  The proposed regulatory alternatives
                                                      always be more conservative in their                    1990, Federal Register (55 FR 9618).                   for the 2017–18 duck hunting seasons
                                                      selections than the Federal frameworks,                                                                        are contained at the end of this
                                                                                                              Regulatory Schedule for 2017–18                        document. We plan to publish final
                                                      but never more liberal.
                                                                                                                 This document is the first in a series              regulatory alternatives in late July. We
                                                      Service Migratory Bird Regulations                      of proposed, supplemental, and final                   plan to publish proposed season
                                                      Committee Meetings                                      rulemaking documents for migratory                     frameworks in mid-December 2016. We
                                                        The SRC will meet October 25–26,                      game bird hunting regulations. We will                 plan to publish final season frameworks
                                                      2016, to review information on the                      publish additional supplemental                        in late February 2017.
                                                      current status of migratory game birds                  proposals for public comment in the
                                                                                                                                                                     Review of Public Comments
                                                      and develop 2017–18 migratory game                      Federal Register as population, habitat,
                                                      bird regulations recommendations for                    harvest, and other information become                     This proposed rulemaking contains
                                                      these species. In accordance with                       available. Major steps in the 2017–18                  the proposed regulatory alternatives for
                                                      Departmental policy, these meetings are                 regulatory cycle relating to open public               the 2017–18 duck hunting seasons. This
                                                      open to public observation. You may                     meetings and Federal Register                          proposed rulemaking also describes
                                                      submit written comments to the Service                  notifications are illustrated in the                   other recommended changes or specific
                                                      on the matters discussed.                               diagram at the end of this proposed rule.              preliminary proposals that vary from the
                                                                                                              All publication dates of Federal                       2016–17 regulations and issues
                                                      Announcement of Flyway Council                          Register documents are target dates.                   requiring early discussion, action, or the
                                                      Meetings                                                   All sections of this and subsequent                 attention of the States or tribes. We will
                                                        Service representatives will be                       documents outlining hunting                            publish responses to all proposals and
                                                      present at the individual meetings of the               frameworks and guidelines are                          written comments when we develop
                                                      four Flyway Councils this August,                       organized under numbered headings.                     final frameworks for the 2017–18
                                                      September and October. Although                         These headings are:                                    season. We seek additional information
                                                      agendas are not yet available, these                    1. Ducks                                               and comments on this proposed rule.
                                                      meetings usually commence at 8 a.m. on                     A. General Harvest Strategy                         Consolidation of Notices
                                                      the days indicated.                                        B. Regulatory Alternatives
                                                        Atlantic Flyway Council: October 6–7,                                                                           For administrative purposes, this
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                                                                                                                 C. Zones and Split Seasons
                                                      Hyatt Regency, 225 East Coastline Drive,                   D. Special Seasons/Species Management               document consolidates the notice of
                                                      Jacksonville, FL.                                          i. September Teal Seasons                           intent to establish open migratory game
                                                        Mississippi Flyway Council: August                       ii. September Teal/Wood Duck Seasons                bird hunting seasons and the request for
                                                      25–26, Hyatt Regency, 311 South 4th                        iii. Black Ducks                                    tribal proposals with the preliminary
                                                                                                                 iv. Canvasbacks
                                                      Street, Louisville, KY.                                    v. Pintails
                                                                                                                                                                     proposals for the annual hunting
                                                        Central Flyway Council: September                        vi. Scaup                                           regulations-development process. We
                                                      22–23, Sheraton Steamboat Resort, 2200                     vii. Mottled Ducks                                  will publish the remaining proposed
                                                      Village Inn Court, Steamboat Springs,                      viii. Wood Ducks                                    and final rulemaking documents
                                                      CO.                                                        ix. Youth Hunt                                      separately. For inquiries on tribal


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                                                      38052                     Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Proposed Rules

                                                      guidelines and proposals, tribes should                 hunting by nontribal members on some                      One of the guidelines provides for the
                                                      contact the following personnel:                        reservations to take place within Federal              continuation of tribal members’ harvest
                                                        Region 1 (Idaho, Oregon, Washington,                  frameworks, but on dates different from                of migratory game birds on reservations
                                                      Hawaii, and the Pacific Islands)—                       those selected by the surrounding                      where such harvest is a customary
                                                      Nanette Seto, U.S. Fish and Wildlife                    State(s);                                              practice. We do not oppose this harvest,
                                                      Service, 911 NE. 11th Avenue, Portland,                    (2) On-reservation hunting by tribal                provided it does not take place during
                                                      OR 97232–4181; (503) 231–6164.                          members only, outside of usual Federal                 the closed season required by the
                                                        Region 2 (Arizona, New Mexico,                        frameworks for season dates, season                    Convention, and it is not so large as to
                                                      Oklahoma, and Texas)—Greg Hughes,                       length, and daily bag and possession                   adversely affect the status of the
                                                      U.S. Fish and Wildlife Service, P.O. Box                limits; and                                            migratory game bird resource. Since the
                                                      1306, Albuquerque, NM 87103; (505)                         (3) Off-reservation hunting by tribal               inception of these guidelines, we have
                                                      248–7885.                                               members on ceded lands, outside of                     reached annual agreement with tribes
                                                        Region 3 (Illinois, Indiana, Iowa,                    usual framework dates and season                       for migratory game bird hunting by
                                                      Michigan, Minnesota, Missouri, Ohio,                    length, with some added flexibility in                 tribal members on their lands or on
                                                      and Wisconsin)—Tom Cooper, U.S. Fish                    daily bag and possession limits.                       lands where they have reserved hunting
                                                      and Wildlife Service, 5600 American                                                                            rights. We will continue to consult with
                                                                                                                 In all cases, tribal regulations
                                                      Blvd. West, Suite 990, Bloomington, MN                                                                         tribes that wish to reach a mutual
                                                                                                              established under the guidelines must
                                                      55437–1458; (612) 713–5101.                                                                                    agreement on hunting regulations for
                                                        Region 4 (Alabama, Arkansas, Florida,                 be consistent with the annual March 10
                                                                                                              to September 1 closed season mandated                  on-reservation hunting by tribal
                                                      Georgia, Kentucky, Louisiana,                                                                                  members.
                                                      Mississippi, North Carolina, Puerto Rico                by the 1916 Convention Between the
                                                                                                              United States and Great Britain (for                      Tribes should not view the guidelines
                                                      and Virgin Islands, South Carolina, and                                                                        as inflexible. We believe that they
                                                      Tennessee)—Laurel Barnhill, U.S. Fish                   Canada) for the Protection of Migratory
                                                                                                              Birds (Convention). The guidelines are                 provide appropriate opportunity to
                                                      and Wildlife Service, 1875 Century                                                                             accommodate the reserved hunting
                                                      Boulevard, Room 324, Atlanta, GA                        applicable to those tribes that have
                                                                                                              reserved hunting rights on Federal                     rights and management authority of
                                                      30345; (404) 679–4000.                                                                                         Indian tribes while also ensuring that
                                                        Region 5 (Connecticut, Delaware,                      Indian reservations (including off-
                                                                                                              reservation trust lands) and ceded lands.              the migratory game bird resource
                                                      Maine, Maryland, Massachusetts, New                                                                            receives necessary protection. The
                                                      Hampshire, New Jersey, New York,                        They also may be applied to the
                                                                                                              establishment of migratory game bird                   conservation of this important
                                                      Pennsylvania, Rhode Island, Vermont,                                                                           international resource is paramount.
                                                      Virginia, and West Virginia)—Pam                        hunting regulations for nontribal
                                                                                                              members on all lands within the                        Use of the guidelines is not required if
                                                      Toschik, U.S. Fish and Wildlife Service,                                                                       a tribe wishes to observe the hunting
                                                      300 Westgate Center Drive, Hadley, MA                   exterior boundaries of reservations
                                                                                                              where tribes have full wildlife-                       regulations established by the State(s) in
                                                      01035–9589; (413) 253–8610.
                                                                                                              management authority over such                         which the reservation is located.
                                                        Region 6 (Colorado, Kansas, Montana,
                                                      Nebraska, North Dakota, South Dakota,                   hunting, or where the tribes and affected              Details Needed in Tribal Proposals
                                                      Utah, and Wyoming)—Casey Stemler,                       States otherwise have reached                             Tribes that wish to use the guidelines
                                                      U.S. Fish and Wildlife Service, P.O. Box                agreement over hunting by nontribal                    to establish special hunting regulations
                                                      25486, Denver Federal Building,                         members on non-Indian lands.                           for the 2017–18 migratory game bird
                                                      Denver, CO 80225; (303) 236–8145.                          Tribes usually have the authority to                hunting season should submit a
                                                        Region 7 (Alaska)—Pete Probasco,                      regulate migratory game bird hunting by                proposal that includes:
                                                      U.S. Fish and Wildlife Service, 1011                    nonmembers on Indian-owned                                (1) The requested migratory game bird
                                                      East Tudor Road, Anchorage, AK 99503;                   reservation lands, subject to our                      hunting season dates and other details
                                                      (907) 786–3423.                                         approval. The question of jurisdiction is              regarding the proposed regulations;
                                                        Region 8 (California and Nevada)—                     more complex on reservations that                         (2) Harvest anticipated under the
                                                      Eric Davis, U.S. Fish and Wildlife                      include lands owned by non-Indians,                    proposed regulations; and
                                                      Service, 2800 Cottage Way, Sacramento,                  especially when the surrounding States                    (3) Tribal capabilities to enforce
                                                      CA 95825–1846; (916) 414–6727.                          have established or intend to establish                migratory game bird hunting
                                                      Requests for Tribal Proposals                           regulations governing migratory bird                   regulations.
                                                                                                              hunting by non-Indians on these lands.                    For those situations where it could be
                                                      Background                                              In such cases, we encourage the tribes                 shown that failure to limit Tribal
                                                         Beginning with the 1985–86 hunting                   and States to reach agreement on                       harvest could seriously impact the
                                                      season, we have employed guidelines                     regulations that would apply throughout                migratory game bird resource, we also
                                                      described in the June 4, 1985, Federal                  the reservations. When appropriate, we                 request information on the methods
                                                      Register (50 FR 23467) to establish                     will consult with a tribe and State with               employed to monitor harvest and any
                                                      special migratory game bird hunting                     the aim of facilitating an accord. We                  potential steps taken to limit level of
                                                      regulations on Federal Indian                           also will consult jointly with tribal and              harvest.
                                                      reservations (including off-reservation                 State officials in the affected States                    A tribe that desires the earliest
                                                      trust lands) and ceded lands. We                        where tribes may wish to establish                     possible opening of the migratory game
                                                      developed these guidelines in response                  special hunting regulations for tribal                 bird season for nontribal members
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                                                      to tribal requests for our recognition of               members on ceded lands. It is                          should specify this request in its
                                                      their reserved hunting rights, and for                  incumbent upon the tribe and/or the                    proposal, rather than request a date that
                                                      some tribes, recognition of their                       State to request consultation as a result              might not be within the final Federal
                                                      authority to regulate hunting by both                   of the proposal being published in the                 frameworks. Similarly, unless a tribe
                                                      tribal and nontribal members                            Federal Register. We will not presume                  wishes to set more restrictive
                                                      throughout their reservations. The                      to make a determination, without being                 regulations than Federal regulations will
                                                      guidelines include possibilities for:                   advised by either a tribe or a State, that             permit for nontribal members, the
                                                         (1) On-reservation hunting by both                   any issue is or is not worthy of formal                proposal should request the same daily
                                                      tribal and nontribal members, with                      consultation.                                          bag and possession limits and season


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                                                                                Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Proposed Rules                                          38053

                                                      length for migratory game birds that                    receive, as well as supporting                         this and future supplemental proposed
                                                      Federal regulations are likely to permit                documentation we used in preparing                     rulemaking documents.
                                                      the States in the Flyway in which the                   this proposed rule, will be available for
                                                                                                                                                                     Regulatory Planning and Review
                                                      reservation is located.                                 public inspection on http://
                                                                                                                                                                     (Executive Orders 12866 and 13563)
                                                                                                              www.regulations.gov, or by
                                                      Tribal Proposal Procedures                                                                                        Executive Order (E.O.) 12866 provides
                                                                                                              appointment, during normal business
                                                         We will publish details of tribal                    hours, at the U.S. Fish and Wildlife                   that the Office of Information and
                                                      proposals for public review in later                    Service, Division of Migratory Bird                    Regulatory Affairs (OIRA) will review
                                                      Federal Register documents. Because of                  Management, 5275 Leesburg Pike, Falls                  all significant rules. OIRA has reviewed
                                                      the time required for review by us and                  Church, VA 22041.                                      this rule and has determined that this
                                                      the public, Indian tribes that desire                      For each series of proposed                         rule is significant because it would have
                                                      special migratory game bird hunting                     rulemakings, we will establish specific                an annual effect of $100 million or more
                                                      regulations for the 2017–18 hunting                     comment periods. We will consider, but                 on the economy.
                                                      season should submit their proposals no                 may not respond in detail to, each                        E.O. 13563 reaffirms the principles of
                                                      later than December 1, 2016. Tribes                     comment. As in the past, we will                       E.O. 12866 while calling for
                                                      should direct inquiries regarding the                   summarize all comments we receive                      improvements in the nation’s regulatory
                                                      guidelines and proposals to the                         during the comment period and respond                  system to promote predictability, to
                                                      appropriate Service Regional Office                     to them after the closing date in any                  reduce uncertainty, and to use the best,
                                                      listed above under the caption                          final rules.                                           most innovative, and least burdensome
                                                      Consolidation of Notices. Tribes that                                                                          tools for achieving regulatory ends. The
                                                      request special migratory game bird                     National Environmental Policy Act                      executive order directs agencies to
                                                      hunting regulations for tribal members                  (NEPA) Consideration                                   consider regulatory approaches that
                                                      on ceded lands should send a courtesy                      The programmatic document,                          reduce burdens and maintain flexibility
                                                      copy of the proposal to officials in the                ‘‘Second Final Supplemental                            and freedom of choice for the public
                                                      affected State(s).                                      Environmental Impact Statement:                        where these approaches are relevant,
                                                                                                              Issuance of Annual Regulations                         feasible, and consistent with regulatory
                                                      Public Comments                                         Permitting the Sport Hunting of                        objectives. E.O. 13563 emphasizes
                                                         The Department of the Interior’s                     Migratory Birds (EIS 20130139),’’ filed                further that regulations must be based
                                                      policy is, whenever practicable, to                     with the Environmental Protection                      on the best available science and that
                                                      afford the public an opportunity to                     Agency (EPA) on May 24, 2013,                          the rulemaking process must allow for
                                                      participate in the rulemaking process.                  addresses NEPA compliance by the                       public participation and an open
                                                      Accordingly, we invite interested                       Service for issuance of the annual                     exchange of ideas. We have developed
                                                      persons to submit written comments,                     framework regulations for hunting of                   this rule in a manner consistent with
                                                      suggestions, or recommendations                         migratory game bird species. We                        these requirements.
                                                      regarding the proposed regulations.                     published a notice of availability in the                 An economic analysis was prepared
                                                      Before promulgation of final migratory                  Federal Register on May 31, 2013 (78                   for the 2013–14 season. This analysis
                                                      game bird hunting regulations, we will                  FR 32686), and our Record of Decision                  was based on data from the 2011
                                                      take into consideration all comments we                 on July 26, 2013 (78 FR 45376). We also                National Hunting and Fishing Survey,
                                                      receive. Such comments, and any                         address NEPA compliance for waterfowl                  the most recent year for which data are
                                                      additional information we receive, may                  hunting frameworks through the annual                  available (see discussion in Regulatory
                                                      lead to final regulations that differ from              preparation of separate environmental                  Flexibility Act section below). We will
                                                      these proposals.                                        assessments, the most recent being                     use this analysis again for the 2017–18
                                                         You may submit your comments and                     ‘‘Duck Hunting Regulations for 2016–                   season. This analysis estimated
                                                      materials concerning this proposed rule                 17,’’ with its corresponding March 10,                 consumer surplus for three alternatives
                                                      by one of the methods listed in the                     2016, finding of no significant impact.                for duck hunting (estimates for other
                                                      ADDRESSES section. We will not accept                   In addition, an August 1985                            species are not quantified due to lack of
                                                      comments sent by email or fax or to an                  environmental assessment entitled                      data). The alternatives are (1) issue
                                                      address not listed in the ADDRESSES                     ‘‘Guidelines for Migratory Bird Hunting                restrictive regulations allowing fewer
                                                      section. Finally, we will not consider                  Regulations on Federal Indian                          days than those issued during the 2012–
                                                      hand-delivered comments that we do                      Reservations and Ceded Lands’’ is                      13 season, (2) issue moderate
                                                      not receive, or mailed comments that                    available from the address indicated                   regulations allowing more days than
                                                      are not postmarked, by the date                         under the caption FOR FURTHER                          those in alternative 1, and (3) issue
                                                      specified in the DATES section. We will                 INFORMATION CONTACT.                                   liberal regulations identical to the
                                                      post all comments in their entirety—                                                                           regulations in the 2012–13 season. For
                                                      including your personal identifying                     Endangered Species Act Consideration
                                                                                                                                                                     the 2013–14 season, we chose
                                                      information—on http://                                    Before issuance of the 2017–18                       Alternative 3, with an estimated
                                                      www.regulations.gov. Before including                   migratory game bird hunting                            consumer surplus across all flyways of
                                                      your address, phone number, email                       regulations, we will comply with                       $317.8–$416.8 million. We also chose
                                                      address, or other personal identifying                  provisions of the Endangered Species                   Alternative 3 for the 2009–10, the 2010–
                                                      information in your comment, you                        Act of 1973, as amended (16 U.S.C.                     11, the 2011–12, the 2012–13, the 2014–
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      should be aware that your entire                        1531–1543; hereinafter the Act), to                    15, the 2015–16, and the 2016–17
                                                      comment—including your personal                         ensure that hunting is not likely to                   seasons. The 2013–14 analysis is part of
                                                      identifying information—may be made                     jeopardize the continued existence of                  the record for this rule and is available
                                                      publicly available at any time. While                   any species designated as endangered or                at http://www.regulations.gov at Docket
                                                      you can ask us in your comment to                       threatened or modify or destroy its                    No. FWS–HQ–MB–2016–0051.
                                                      withhold your personal identifying                      critical habitat and is consistent with
                                                      information from public review, we                      conservation programs for those species.               Regulatory Flexibility Act
                                                      cannot guarantee that we will be able to                Consultations under section 7 of the Act                 The annual migratory bird hunting
                                                      do so. Comments and materials we                        may cause us to change proposals in                    regulations have a significant economic


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                                                      38054                     Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Proposed Rules

                                                      impact on substantial numbers of small                  not plan to defer the effective date                   While this proposed rule is a significant
                                                      entities under the Regulatory Flexibility               under the exemption contained in 5                     regulatory action under E.O. 12866, it is
                                                      Act (5 U.S.C. 601 et seq.). We analyzed                 U.S.C. 808(1).                                         not expected to adversely affect energy
                                                      the economic impacts of the annual                                                                             supplies, distribution, or use. Therefore,
                                                                                                              Paperwork Reduction Act
                                                      hunting regulations on small business                                                                          this action is not a significant energy
                                                      entities in detail as part of the 1981 cost-               This proposed rule does not contain                 action and no Statement of Energy
                                                      benefit analysis. This analysis was                     any new information collection that                    Effects is required.
                                                      revised annually from 1990–95. In 1995,                 requires approval under the Paperwork
                                                      the Service issued a Small Entity                       Reduction Act of 1995 (44 U.S.C. 3501                  Government-to-Government
                                                      Flexibility Analysis (Analysis), which                  et seq.). We may not conduct or sponsor                Relationship With Tribes
                                                      was subsequently updated in 1996,                       and you are not required to respond to
                                                                                                                                                                        In accordance with the President’s
                                                      1998, 2004, 2008, and 2013. The                         a collection of information unless it
                                                                                                                                                                     memorandum of April 29, 1994,
                                                      primary source of information about                     displays a currently valid OMB control
                                                                                                                                                                     ‘‘Government-to-Government Relations
                                                      hunter expenditures for migratory game                  number. OMB has reviewed and
                                                                                                                                                                     with Native American Tribal
                                                      bird hunting is the National Hunting                    approved the information collection
                                                                                                              requirements associated with migratory                 Governments’’ (59 FR 22951), E.O.
                                                      and Fishing Survey, which is conducted                                                                         13175, and 512 DM 2, we have
                                                      at 5-year intervals. The 2013 Analysis                  bird surveys and assigned the following
                                                                                                              OMB control numbers:                                   evaluated possible effects on Federally-
                                                      was based on the 2011 National Hunting                                                                         recognized Indian tribes and have
                                                      and Fishing Survey and the U.S.                            • 1018–0019—North American
                                                                                                              Woodcock Singing Ground Survey                         determined that there are no effects on
                                                      Department of Commerce’s County
                                                                                                              (expires 5/31/2018).                                   Indian trust resources. However, in this
                                                      Business Patterns, from which it was
                                                                                                                 • 1018–0023—Migratory Bird                          proposed rule, we solicit proposals for
                                                      estimated that migratory bird hunters
                                                                                                              Surveys (expires 6/30/2017). Includes                  special migratory bird hunting
                                                      would spend approximately $1.5 billion
                                                                                                              Migratory Bird Harvest Information                     regulations for certain Tribes on Federal
                                                      at small businesses in 2013. Copies of
                                                                                                              Program, Migratory Bird Hunter                         Indian reservations, off-reservation trust
                                                      the Analysis are available upon request
                                                                                                              Surveys, Sandhill Crane Survey, and                    lands, and ceded lands for the 2017–18
                                                      from the Division of Migratory Bird
                                                                                                              Parts Collection Survey.                               migratory bird hunting season. The
                                                      Management (see FOR FURTHER
                                                                                                                                                                     resulting proposals will be contained in
                                                      INFORMATION CONTACT) or from http://                    Unfunded Mandates Reform Act                           a separate proposed rule. By virtue of
                                                      www.regulations.gov at Docket No.
                                                                                                                 We have determined and certify, in                  these actions, we have consulted with
                                                      FWS–HQ–MB–2016–0051.
                                                                                                              compliance with the requirements of the                Tribes affected by this rule.
                                                      Clarity of the Rule                                     Unfunded Mandates Reform Act, 2
                                                                                                                                                                     Federalism Effects
                                                         We are required by Executive Orders                  U.S.C. 1502 et seq., that this proposed
                                                      12866 and 12988 and by the                              rulemaking would not impose a cost of                     Due to the migratory nature of certain
                                                      Presidential Memorandum of June 1,                      $100 million or more in any given year                 species of birds, the Federal
                                                      1998, to write all rules in plain                       on local or State government or private                Government has been given
                                                      language. This means that each rule we                  entities. Therefore, this rule is not a                responsibility over these species by the
                                                      publish must:                                           ‘‘significant regulatory action’’ under                Migratory Bird Treaty Act. We annually
                                                         (a) Be logically organized;                          the Unfunded Mandates Reform Act.                      prescribe frameworks from which the
                                                         (b) Use the active voice to address                                                                         States make selections regarding the
                                                                                                              Civil Justice Reform—Executive Order
                                                      readers directly;                                                                                              hunting of migratory birds, and we
                                                                                                              12988
                                                         (c) Use clear language rather than                                                                          employ guidelines to establish special
                                                      jargon;                                                   The Department, in promulgating this
                                                                                                                                                                     regulations on Federal Indian
                                                         (d) Be divided into short sections and               proposed rule, has determined that this
                                                                                                                                                                     reservations and ceded lands. This
                                                      sentences; and                                          proposed rule will not unduly burden
                                                                                                                                                                     process preserves the ability of the
                                                         (e) Use lists and tables wherever                    the judicial system and that it meets the
                                                                                                                                                                     States and tribes to determine which
                                                      possible.                                               requirements of sections 3(a) and 3(b)(2)
                                                         If you feel that we have not met these                                                                      seasons meet their individual needs.
                                                                                                              of E.O. 12988.
                                                      requirements, send us comments by one                                                                          Any State or Indian tribe may be more
                                                      of the methods listed in the ADDRESSES                  Takings Implication Assessment                         restrictive than the Federal frameworks
                                                      section. To better help us revise the                     In accordance with E.O. 12630, this                  at any time. The frameworks are
                                                      rule, your comments should be as                        proposed rule, authorized by the                       developed in a cooperative process with
                                                      specific as possible. For example, you                  Migratory Bird Treaty Act, does not                    the States and the Flyway Councils.
                                                      should tell us the numbers of the                       have significant takings implications                  This process allows States to participate
                                                      sections or paragraphs that are unclearly               and does not affect any constitutionally               in the development of frameworks from
                                                      written, which sections or sentences are                protected property rights. This rule                   which they will make selections,
                                                      too long, the sections where you feel                   would not result in the physical                       thereby having an influence on their
                                                      lists or tables would be useful, etc.                   occupancy of property, the physical                    own regulations. These rules do not
                                                                                                              invasion of property, or the regulatory                have a substantial direct effect on fiscal
                                                      Small Business Regulatory Enforcement                                                                          capacity, change the roles or
                                                                                                              taking of any property. In fact, this rule
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Fairness Act                                                                                                   responsibilities of Federal or State
                                                                                                              would allow hunters to exercise
                                                         This proposed rule is a major rule                   otherwise unavailable privileges and,                  governments, or intrude on State policy
                                                      under 5 U.S.C. 804(2), the Small                        therefore, reduce restrictions on the use              or administration. Therefore, in
                                                      Business Regulatory Enforcement                         of private and public property.                        accordance with E.O. 13132, these
                                                      Fairness Act. For the reasons outlined                                                                         regulations do not have significant
                                                      above, this rule would have an annual                   Energy Effects—Executive Order 13211                   federalism effects and do not have
                                                      effect on the economy of $100 million                     E.O. 13211 requires agencies to                      sufficient federalism implications to
                                                      or more. However, because this rule                     prepare Statements of Energy Effects                   warrant the preparation of a federalism
                                                      would establish hunting seasons, we do                  when undertaking certain actions.                      summary impact statement.


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                                                                                Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Proposed Rules                                          38055

                                                      List of Subjects in 50 CFR Part 20                      51–54 and 56, and State surveys in the                 decision-making process continues
                                                        Exports, Hunting, Imports, Reporting                  Northeast and the mid-Atlantic region).                forward in time. However, with the
                                                      and recordkeeping requirements,                         In the Central and Mississippi Flyways,                changes in decision timing specified by
                                                      Transportation, Wildlife.                               we set hunting regulations based on the                the SEIS, the post-survey AHM process
                                                                                                              status and dynamics of mid-continent                   will not be possible because monitoring
                                                      Authority                                               mallards. Mid-continent mallards are                   information describing the system will
                                                        The rules that eventually will be                     those breeding in central North America                not be available at the time the decision
                                                      promulgated for the 2017–18 hunting                     (Federal survey strata 13–18, 20–50, and               must be made. As a result, the
                                                      season are authorized under 16 U.S.C.                   75–77, and State surveys in Minnesota,                 optimization framework used to derive
                                                      703–711, 16 U.S.C. 712, and 16 U.S.C.                   Wisconsin, and Michigan). In the Pacific               the current harvest policy can no longer
                                                      742 a–j.                                                Flyway, we set hunting regulations                     calculate current and future harvest
                                                                                                              based on the status and dynamics of                    values as a function of the current
                                                        Dated: May 19, 2016.                                  western mallards. Western mallards are                 system and model weights. To address
                                                      Karen Hyun,                                             those breeding in Alaska and the                       this issue, we adjusted the optimization
                                                      Deputy Assistant Secretary for Fish and                 northern Yukon Territory (as based on                  procedures to calculate harvest values
                                                      Wildlife and Parks.                                     Federal surveys in strata 1–12), and in                conditional on the last observation of
                                                      Proposed 2017–18 Migratory Game                         California and Oregon (as based on                     the system and regulatory decision.
                                                      Bird Hunting Regulations (Preliminary)                  State-conducted surveys).                                 Results and analysis of our work is
                                                                                                                 For the 2017–18 season, we                          contained in a technical report that
                                                         Pending current information on                       recommend continuing to use                            provides a summary of revised methods
                                                      populations, harvest, and habitat                       independent optimization to determine                  and assessment results based on
                                                      conditions, and receipt of                              the optimal regulatory choice for each                 updated AHM protocols developed in
                                                      recommendations from the four Flyway                    mallard stock. This means that we                      response to the preferred alternative
                                                      Councils, we may defer specific                         would develop regulations for eastern                  specified in the SEIS. The report
                                                      regulatory proposals. No changes from                   mallards, mid-continent mallards and                   describes necessary changes to
                                                      the 2016–17 frameworks are being                        western mallards independently, based                  optimization procedures and decision
                                                      proposed at this time. Other issues                     upon the breeding stock that contributes               processes for the implementation of
                                                      requiring early discussion, action, or the              primarily to each Flyway. We detailed                  AHM for midcontinent, eastern and
                                                      attention of the States or tribes are                   implementation of this AHM decision                    western mallards, northern pintails, and
                                                      contained below:                                        framework for western and mid-                         scaup decision frameworks.
                                                                                                              continent mallards in the July 24, 2008,                  Results indicate that the necessary
                                                      1. Ducks
                                                                                                              Federal Register (73 FR 43290) and for                 adjustments to the optimization
                                                        Categories used to discuss issues                     eastern mallards in the July 20, 2012,                 procedures and AHM protocols to
                                                      related to duck harvest management are:                 Federal Register (77 FR 42920).                        account for changes in decision timing
                                                      (A) General Harvest Strategy, (B)                                                                              are not expected to result in major
                                                      Regulatory Alternatives, (C) Zones and                  Supplemental Environmental Impact                      changes to expected management
                                                      Split Seasons, and (D) Special Seasons/                 Statement (SEIS) Changes to the AHM                    performance for mallard, pintail, and
                                                      Species Management. Only those                          Process                                                scaup AHM. In general, pre-survey (or
                                                      containing substantial recommendations                    Beginning with the 2016–17 season,                   pre-SEIS necessary changes) harvest
                                                      are discussed below.                                    migratory bird hunting regulations are                 policies were similar to harvest policies
                                                                                                              based on predictions from models                       based on new post-survey (or post-SEIS
                                                      A. General Harvest Strategy                             derived from long-term biological                      necessary changes) AHM protocols. We
                                                        We propose to continue using                          information or the most recently                       found some subtle differences in the
                                                      adaptive harvest management (AHM) to                    collected monitoring data, and                         degree to which strategies prescribed
                                                      help determine appropriate duck-                        established harvest strategies. Since                  regulatory changes in the pre-survey
                                                      hunting regulations for the 2017–18                     1995, the Service and Flyway Councils                  policies with a reduction in the number
                                                      season. AHM permits sound resource                      have applied the principles of adaptive                of cells indicating moderate regulations.
                                                      decisions in the face of uncertain                      management to inform harvest                           In addition, pre-survey policies became
                                                      regulatory impacts and provides a                       management decisions in the face of                    more liberal when the previous
                                                      mechanism for reducing that                             uncertainty while trying to learn about                regulatory decisions were more
                                                      uncertainty over time. We use AHM to                    system (bird populations) responses to                 conservative. These patterns were
                                                      evaluate four alternative regulatory                    harvest regulations and environmental                  consistent for each AHM decision-
                                                      levels for duck hunting based on the                    changes. Prior to the timing and process               making framework. Overall, a
                                                      population status of mallards. (We enact                changes necessary for implementation                   comparison of simulation results of the
                                                      other hunting regulations for species of                of SEIS 2013, the annual AHM process                   pre- and post-survey protocols did not
                                                      special concern, such as canvasbacks,                   began with the observation of the                      suggest substantive changes in the
                                                      scaup, and pintails).                                   system’s status each spring followed by                frequency of regulations or in the
                                                                                                              an updating of model weights and the                   expected average population size. These
                                                      Atlantic, Mississippi, Central, and                     derivation of an optimal harvest policy                results suggest that the additional form
                                                      Pacific Flyways                                         that was then used to inform a                         of uncertainty that the change in
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                        The prescribed regulatory alternative                 regulatory decision (i.e., breeding                    decision timing introduces is not
                                                      for the Atlantic, Mississippi, Central,                 population estimates were used with a                  expected to limit our expected harvest
                                                      and Pacific Flyways is based on the                     policy matrix to determine optimal                     management performance with the
                                                      status of mallards that contributes                     regulatory decisions). The system then                 adoption of the pre-survey AHM
                                                      primarily to each Flyway. In the                        evolves over time in response to the                   protocols.
                                                      Atlantic Flyway, we set hunting                         decision and natural variation in                         A complete copy of the AHM report
                                                      regulations based on the population                     population dynamics. The following                     can be found on http://
                                                      status of mallards breeding in eastern                  spring, the monitoring programs observe                www.regulations.gov or at http://
                                                      North America (Federal survey strata                    the status of the system and the iterative             www.fws.gov/migratorybirds/pdf/


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                                                      38056                     Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Proposed Rules

                                                      management/AHM/                                         who wish to provide a more equitable                   and zone descriptions in the 2016–17
                                                      SEIS&AHMReportFinal.pdf.                                distribution of harvest opportunities.                 hunting regulations. States that do not
                                                                                                              Therefore, we also have allowed the                    send in new zone and split-season
                                                      Final 2017–18 AHM Protocol
                                                                                                              establishment of independent seasons in                configuration changes at that time had
                                                        We will detail the final AHM protocol                 up to four zones within States for the                 until the previously identified May 1,
                                                      for the 2017–18 season in the                           purpose of providing more equitable                    2016, deadline. Those changes will be
                                                      supplemental proposed rule, which we                    distribution of harvest opportunity for                implemented in the 2017–18 hunting
                                                      will publish in late July (see Schedule                 hunters throughout the State.                          season. The next scheduled open season
                                                      of Biological Information Availability,                    In 1978, we prepared an                             would remain in 2021 for the 2021–25
                                                      Regulations Meetings and Federal                        environmental assessment (EA) on the                   seasons, and all States will then resume
                                                      Register Publications for the 2017–18                   use of zones to set duck hunting                       on the same 5-year schedule regardless
                                                      Seasons at the end of this proposed rule                regulations. A primary tenet of the 1978               of how long their previous zone-split
                                                      for further information). We will                       EA was that zoning would be for the                    configuration was in place.
                                                      propose a specific regulatory alternative               primary purpose of providing equitable                   For the current open season, the
                                                      for each of the Flyways to use for their                distribution of duck hunting                           guidelines for duck zone and split-
                                                      2017–18 seasons after information                       opportunities within a State or region                 season configurations will be as follows:
                                                      becomes available in late August 2016.                  and not for the purpose of increasing
                                                                                                              total annual waterfowl harvest in the                  Guidelines for Duck Zones and Split
                                                      B. Regulatory Alternatives                                                                                     Seasons
                                                                                                              zoned areas. In fact, target harvest levels
                                                         The basic structure of the current                   were to be adjusted downward if they                     The following zone and split-season
                                                      regulatory alternatives for AHM was                     exceeded traditional levels as a result of             guidelines apply only for the regular
                                                      adopted in 1997. In 2002, based upon                    zoning. Subsequent to the 1978 EA, we                  duck season:
                                                      recommendations from the Flyway                         conducted a review of the use of zones                   (1) A zone is a geographic area or
                                                      Councils, we extended framework dates                   and split seasons in 1990. In 2011, we                 portion of a State, with a contiguous
                                                      in the ‘‘moderate’’ and ‘‘liberal’’                     prepared a new EA analyzing some                       boundary, for which independent dates
                                                      regulatory alternatives by changing the                 specific proposed changes to the zone                  may be selected for the regular duck
                                                      opening date from the Saturday nearest                  and split-season guidelines. The current               season.
                                                      October 1 to the Saturday nearest                       guidelines were then finalized in 2011
                                                      September 24, and by changing the                                                                                (2) Consideration of changes for
                                                                                                              (76 FR 53536; August 26, 2011).                        management-unit boundaries is not
                                                      closing date from the Sunday nearest                       Currently, every 5 years, States are
                                                      January 20 to the last Sunday in                                                                               subject to the guidelines and provisions
                                                                                                              afforded the opportunity to change the
                                                      January. These extended dates were                                                                             governing the use of zones and split
                                                                                                              zoning and split-season configuration
                                                      made available with no associated                                                                              seasons for ducks.
                                                                                                              within which they set their annual duck
                                                      penalty in season length or bag limits.                 hunting regulations. The next regularly                  (3) Only minor (less than a county in
                                                      At that time we stated our desire to keep               scheduled open season for changes to                   size) boundary changes will be allowed
                                                      these changes in place for 3 years to                   zone and split-season configurations                   for any grandfathered arrangement, and
                                                      allow for a reasonable opportunity to                   was in 2016, for use during the 2016–                  changes are limited to the open season.
                                                      monitor the impacts of framework-date                   20 period. However, as we discussed in                   (4) Once a zone and split option is
                                                      extensions on harvest distribution and                  the September 23, 2014, Federal                        selected during an open season, it must
                                                      rates of harvest before considering any                 Register (79 FR 56864), the April 13,                  remain in place for the following 5
                                                      subsequent use (67 FR 12501; March 19,                  2015, Federal Register (80 FR 19852),                  years.
                                                      2002).                                                  and the August 6, 2015, Federal                          Any State may continue the
                                                         For 2017–18, we propose to utilize the               Register (80 FR 47388), we                             configuration used in the previous
                                                      same regulatory alternatives that are in                implemented significant changes to the                 5-year period. If changes are made, the
                                                      effect for the 2016–17 season (see                      annual regulatory process as outlined in               zone and split-season configuration
                                                      accompanying table for specifics of the                 the 2013 SEIS. As a result, the                        must conform to one of the following
                                                      regulatory alternatives). Alternatives are              previously identified May 1, 2016, due                 options:
                                                      specified for each Flyway and are                       date for zone and split-season                           (1) No more than four zones with no
                                                      designated as ‘‘RES’’ for the restrictive,              configuration changes that was                         splits,
                                                      ‘‘MOD’’ for the moderate, and ‘‘LIB’’ for               developed under the old regulatory                       (2) Split seasons (no more than 3
                                                      the liberal alternative.                                process was too late for those States                  segments) with no zones, or
                                                                                                              wishing to change zone and split-season                  (3) No more than three zones with the
                                                      C. Zones and Split Seasons                                                                                     option for 2-way (2-segment) split
                                                                                                              configurations for implementation in
                                                        Zones and split seasons are ‘‘special                 the 2016–17 season. Under the new                      seasons in one, two, or all zones.
                                                      regulations’’ designed to distribute                    regulatory schedule implemented last
                                                      hunting opportunities and harvests                                                                             Grandfathered Zone and Split
                                                                                                              year, we published the proposed rule for
                                                      according to temporal, geographic, and                                                                         Arrangements
                                                                                                              all migratory bird seasons the following
                                                      demographic variability in waterfowl                    fall in early December. A final rule                      When we first implemented the zone
                                                      and other migratory game bird                           tentatively would be published about 75                and split guidelines in 1991, several
                                                      populations. For ducks, States have                     days after the proposed rule (but no                   States had completed experiments with
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      been allowed the option of dividing                     later than April 1). This new schedule                 zone and split arrangements different
                                                      their allotted hunting days into two (or                precluded inclusion of some States’ new                from our original options. We offered
                                                      in some cases three) segments to take                   zone descriptions in the 2016–17                       those States a one-time opportunity to
                                                      advantage of species-specific peaks of                  proposed rule as had been done in past                 continue (‘‘grandfather’’) those
                                                      abundance or to satisfy hunters in                      open seasons. Thus, we utilized a two-                 arrangements, with the stipulation that
                                                      different areas who want to hunt during                 phase approach. For those States able to               only minor changes could be made to
                                                      the peak of waterfowl abundance in                      change zone and split-season                           zone boundaries. If any of those States
                                                      their area. However, the split-season                   configurations in time for the 2016–17                 now wish to change their zone and split
                                                      option does not fully satisfy many States               season, we included new configuration                  arrangement:


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                                                                                Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Proposed Rules                                           38057

                                                        (1) The new arrangement must                          breeding population the subsequent                     seasons. For those States unable to do so
                                                      conform to one of the 3 options                         year exceeds 725,000 birds.                            last year, we will accept zone and split-
                                                      identified above; and                                      Since the existing harvest strategy                 season configuration changes until the
                                                        (2) The State cannot go back to the                   relies on information that will not yet be             previously identified May 1, 2016,
                                                      grandfathered arrangement that it                       available at the time we need to                       deadline. We will implement these
                                                      previously had in place.                                establish proposed frameworks under                    changes in the 2017–18 hunting season.
                                                                                                              the new regulatory process, the                        The next normally scheduled open
                                                      Management Units                                        canvasback harvest management                          season will be in 2021 for the 2021–25
                                                                                                              strategy is not usable for the 2016–17                 seasons.
                                                         We will continue to utilize the                      season and beyond. At this time we do
                                                      specific limitations previously                                                                                  For the current open season, the
                                                                                                              not have a new harvest strategy to                     guidelines for dove zone and split-
                                                      established regarding the use of zones                  propose for use in the future. Thus, as
                                                      and split seasons in special management                                                                        season configurations will be as follows:
                                                                                                              we did for the 2016–17 season, we will
                                                      units, including the High Plains Mallard                review the most recent information on                  Guidelines for Dove Zones and Split
                                                      Management Unit. We note that the                       canvasback populations, habitat                        Seasons in the Eastern and Central
                                                      original justification and objectives                   conditions, and harvests with the goal of              Mourning Dove Management Units
                                                      established for the High Plains Mallard                 compiling the best information available                 (1) A zone is a geographic area or
                                                      Management Unit provided for                            for use in making a harvest management                 portion of a State, with a contiguous
                                                      additional days of hunting opportunity                  decision. We will share these results                  boundary, for which independent
                                                      at the end of the regular duck season. In               with the Flyways during their fall                     seasons may be selected for dove
                                                      order to maintain the integrity of the                  meetings, with the intention of adopting               hunting.
                                                      management unit, current guidelines                     a decision-making approach in October                    (2) States may select a zone and split
                                                      prohibit simultaneous zoning and/or                     for the 2017–18 seasons. Over the next                 option during an open season. The
                                                      3-way split seasons within a                            year, we will continue to work with the                option must remain in place for the
                                                      management unit and the remainder of                    Flyway technical committees and                        following 5 years except that States may
                                                      the State. Removal of this limitation                   councils to develop a new biologically                 make a one-time change and revert to
                                                      would allow additional proliferation of                 based process for informing harvest                    their previous zone and split
                                                      zone and split configurations and                       management decisions for use in                        configuration in any year of the 5-year
                                                      compromise the original objectives of                   subsequent years.                                      period. Formal approval will not be
                                                      the management unit.
                                                                                                              16. Doves                                              required, but States must notify the
                                                      D. Special Seasons/Species                                                                                     Service before making the change.
                                                                                                                 As we discussed in the April 13 (80
                                                      Management                                                                                                       (3) Zoning periods for dove hunting
                                                                                                              FR 19852), July 21 (80 FR 43266), and
                                                      iv. Canvasbacks                                         August 6 (80 FR 47388), 2015, Federal                  will conform to those years used for
                                                                                                              Registers, 2016 was the next open                      ducks, e.g., 2016–20.
                                                         From 1994–2015, we followed a                        season for changes to dove zone and                       (4) The zone and split configuration
                                                      canvasback harvest strategy whereby if                  split configurations for the 2016–20                   consists of two zones with the option for
                                                      canvasback population status and                        period. The current guidelines were                    3-way (3-segment) split seasons in one
                                                      production are sufficient to permit a                   approved in 2006 (see July 28, 2006,                   or both zones. As a grandfathered
                                                      harvest of one canvasback per day                       Federal Register, 71 FR 43008), for the                arrangement, Texas will have three
                                                      nationwide for the entire length of the                 use of zones and split seasons for doves               zones with the option for 2-way
                                                      regular duck season, while still attaining              with implementation beginning in the                   (2-segment) split seasons in one, two, or
                                                      an objective of 500,000 birds the                       2007–08 season. While the initial period               all three zones.
                                                      following spring, the season on                         was for 4 years (2007–10), we further                     (5) States that do not wish to zone for
                                                      canvasbacks should be opened. A                         stated that beginning in 2011, zoning                  dove hunting may split their seasons
                                                      partial season would be allowed if the                  would conform to a 5-year period.                      into no more than 3 segments.
                                                      estimated allowable harvest was below                      As discussed above under C. Zones                      For the 2016–20 period, any State
                                                      that associated with a 1-bird daily bag                 and Split Seasons for ducks, because of                may continue the configuration used in
                                                      limit for the entire season. If neither of              unintentional and unanticipated issues                 2011–15. If changes are made, the zone
                                                      these conditions can be met, the harvest                with changing the regulatory schedule                  and split-season configuration must
                                                      strategy calls for a closed season on                   for the 2016–17 season, we decided that                conform to one of the options listed
                                                      canvasbacks nationwide. In 2008 (73 FR                  a two-phase approach was appropriate.                  above. If Texas uses a new configuration
                                                      43290; July 24, 2008), we announced                     For those States able to change zone and               for the entirety of the 5-year period, it
                                                      our decision to modify the canvasback                   split-season configurations in time for                cannot go back to the grandfathered
                                                      harvest strategy to incorporate the                     the 2016–17 season, we included that                   arrangement that it previously had in
                                                      option for a 2-bird daily bag limit for                 new configuration and zone                             place.
                                                      canvasbacks when the predicted                          descriptions in the 2016–17 hunting                    BILLING CODE 4333–15–P
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




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                                                                                                                                                                                                                                        38058
21:51 Jun 09, 2016




                                                                                                                                                                                                                                        Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Proposed Rules
Jkt 238001




                           PROPOSED REGULATORY ALTERNATIVES FOR DUCK HUNTING DURING THE 2017-18 SEASON
PO 00000




                                                                     ATLANTIC FLYWAY                            MISSISSIPPI FLYWAY                          CENTRAL FLYWAY (a)                      PACIFIC FLYWAY (b)(c)
                                                            RES        I MOD I            LIB            RES       I MOD I         LIB               RES       I MOD I         LIB               RES    I MOD I           LIB

                                 Beginning                 112 hr         112 hr        112 hr.         112 hr.       112 hr.       112 hr          112 hr.       112 hr.       112 hr.         112 hr         112 hr.      112 hr.
                                  Shooting                 before         before         before         before        before         before         before        before        before          before         before       before
Frm 00010




                                   Time                    sunrise        sunrise       sunrise         sunrise       sunnse        sunrise         sunrise       sunrise       sunrise         sunrise       sunrise       sunrise
                                  Ending
                                 Shooting                  Sunset         Sunset        Sunset          Sunset        Sunset        Sunset          Sunset        Sunset        Sunset          Sunset        Sunset         Sunset
                                  T1me
Fmt 4701




                                 Opening                    Oct 1       Sat nearest   Sat nearest    Sat nearest    Sat nearest   Sat nearest    Sat nearest    Sat nearest   Sat nearest     Sat nearest   Sat nearest   Sat nearest
                                  Date                                   Sept 24       Sept 24         Oct. 1        Sept 24       Sept 24         Oct 1         Sept 24       Sept 24           Oct 1       Sept 24       Sept 24
                                  Closing                  Jan. 20      Last Sunday   Last Sunday    Sun. nearest Last Sunday Last Sunday        Sun nearest Last Sunday      Last Sunday    Sun. nearest Last Sunday     Last Sunday
                                   Date                                    in Jan.      in Jan.         Jan. 20      in Jan.     in Jan.            Jan. 20     in Jan.          in Jan         Jan. 20      in Jan.         in Jan.
Sfmt 4725




                               Season                        30             45            60              30            45            60              39            60            74              60            86            107
                            Length (1n days)
                                 Daily Bag                    3             6             6                3             6            6               3              6             6               4             7             7
E:\FR\FM\10JNP4.SGM




                            Species/Sex Limits within the Overall Daily Bag Limit

                             Mallard (Total/Female)          311            412           412             211           411           412             311           511           512             311           512           712


                           (a)    In the High Plains Mallard Management Unit, all regulations would be the same as the remainder of the Central Flyway, with the exception of season length. Additional days would
                                   be allowed under the various alternatives as follows: restrictive- 12, moderate and liberal- 23. Under all alternatives, additional days must be on or after the Saturday nearest
                                   December 10.
                           (b)    In the Columbia Basin Mallard Management Unit, all regulations would be the same as the remainder of the Pacific Flyway, with the exception of season length. Under all alternatives
                                   except the liberal alternative, an additional 7 days would be allowed.
10JNP4




                           (c)    In Alaska, framework dates, bag limits, and season length would be different from the remainder of the Pacific Flyway. The bag limit (depending on the area) would be 5-8 under the restrictive
                                   alternative, and 7-10 under the moderate and liberal alternatives. Under all alternatives, season length would be 107 days and framework dates would be Sep. 1- Jan. 26.




EP10JN16.002</GPH>


O—Sl—EEEFf 3009 ONMIG
                        [we 5p8 ‘9T—6—9 POIL 9948 T—910Z 200 MA)
                                                                   SCHEDULE OF BIOLOGICAL INFORMATION AVAILABILITY, REGULATIONS MEETINGS AND
                                                                             FEDERAL REGISTER PUBLICATIONS FOR THE 2017—18 SEASONS




                                                                                                                                                                                                   samy pasodoIq/910Z ‘OT oun(f ‘AepHM4/ZILTL ‘ON ‘I8 ‘TOA /4opst8ay fedapaq
                                                                   SURVEY & ASSESSMENT SCHEDULE                      MEETING SCHEDULE                         FEDERAL REGISTER SCHEDULE

                                                                               March — June, 2016                                                       I                 June 1, 2016
                                                                      SPRING POPULATION SURVEYS                                                         PROPOSED RULEMAKING (PRELIMINARY)
                                                                                                                                                             WITH STATUS INFORMATION
                                                                                                                   June 15, 2016 — Falls Church, VA                 and ISSUES
                                                                                                                SRC Meeting (nonregulatory)

                                                                                August 15, 2016                                                                          August 1, 2016
                                                                   ‘ATERFOWL & WEBLESS STATUS REPORTY                                                          SUPPLEMENTAL PROPOSALS

                                                                              September 1, 2016
                                                                   AHM REPORT wOPTIMAL ALTERNATIVES,
                                                                     MCP CRANE STATUS INFORMATION,
                                                                      MOURNING DOVE and WOODCOCK                    August 15 — October 15, 2016
                                                                        REGULATORY ALTERNATVES               Flyway Tech And Council Meetings


                                                                                                                October 25—26, 2016 — Bloomington, MN
                                                                                                               Service Regulations Committee
                                                                                                                      Regulatory Meeting


                                                                                                                                                                       December 10, 2016
                                                                                                                                                            PROPOSED SEASON FRAMEWORKS
                                                                                                                                                                   (30 Day Comment Period)
                                                                      December 15, 2016 — January 31, 2017
                                                                     RMP, EP, and LCRVP CRANE, SWAN
                                                                           BRANT, and GOOSE
                                                                        MWS STATUS INFORMATION                      March 2017 (at North Am. Cont)
                                                                                                             Flyway Council Mtgs (nonregulatory)
                                                                                                                                                                        February 25, 2017
                                                                                                                                                              FINAL SEASON FRAMEWORKS

                                                                                                                                                                          June 1, 2017
                                                                                                                                                            ALL HUNTING SEASONS SELECTIONS
                                                                                                                                                                (Season Selections Due April 30)
                                                                                                                     September 1, 2017 and later
                                                                                                                   ALL HUNTING SEASONS




                                                                                                                                                                                                                    6508E



Document Created: 2018-02-08 07:35:59
Document Modified: 2018-02-08 07:35:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; availability of supplemental information.
DatesComments: Following subsequent Federal Register notices, the public will be given an opportunity to submit comments on this proposed rule and the subsequent proposed frameworks by January 15, 2017. Tribes must submit proposals and related comments on or before December 1, 2016.
ContactRon 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.
FR Citation81 FR 38050 
RIN Number1018-BB40
CFR AssociatedExports; Hunting; Imports; Reporting and Recordkeeping Requirements; Transportation and Wildlife

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